[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20151]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
Final Additional Airworthiness Design Standards: Night Visual
Flight Rules (VFR) Under the Special Class (JAR-VLA) Regulations;
AQUILA Aviation by Excellence GmbH, Model AT01
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Issuance of airworthiness design standards.
SUMMARY: This document is an issuance of Final Airworthiness design
criteria for night visual flight rules (VFR) expansion and
substantiation for the
Aquila GmbH AT01. These additional provisions are expansions of the
existing JAR-VLA (Joint Aviation Requirements--Very Light Aircraft) and
CS-VLA regulations to include Night-VFR. The current regulations only
allow Day-VFR, but the European Aviation Safety Agency (EASA) is
expanding the VLA regulations for this type of airplane through EASA
special conditions. These FAA design criteria are being proposed to be
the same as the EASA Special Conditions. The original certification of
the aircraft was done under the provisions of 14 CFR part 21, Sec.
21.29, as a 14 CFR part 21, Sec. 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).
DATES: Effective September 18, 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 [email protected].
SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this
information by contacting the person named above under FOR FURTHER
The regulation applicable to the Amended Type Certificate (TC)
Night-VFR approval is Sec. 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-
Airworthiness rules that are applicable to this Night-VFR approval
are Sec. Sec. 23.1381 through 23.1397 and 23.1401.
FAA policy expressed in ACs 23-11B and 21.17-3 limits JAR-VLA and
CS-VLA aircraft approved under Sec. 21.17(b), to Day-VFR operations.
Part 23 certification was required for Night-VFR approval because the
VLA rules were not adequate to address Night-VFR operations. Since
publishing these advisory circulars, EASA has developed special
conditions to CS-VLA that are adequate to allow Night-VFR approvals. If
the applicant complies with the applicable airworthiness rules in CS-
VLA and the EASA special conditions, the previous policy disallowing
Night-VFR is no longer valid.
Airplanes approved as special class under Sec. 21.17(b) may be
type certificated as both Day-VFR and Night-VFR if the certification
includes the required instrumentation and equipment specified in 14 CFR
91.205, and the certification basis includes the applicable rules of
CS-VLA at date of application and the appropriate EASA special
The FAA has concluded that it is acceptable to allow Night-VFR
certification for the Aquila Model AT01 and future JAR-VLA (CS-VLA)
models under the special class amended TC project AT00617CE-A.
Revisions to ACs 23-11B and 21.17-3 will be made to allow this
expansion to Night-VFR on other JAR-VLA (CS-VLA) airplanes.
Discussion of Comments
Existence of proposed airworthiness standards for acceptance under
14 CFR part 21, Sec. 21.17(b), special class aircraft, JAR-VLA; the
AQUILA Model AT01 was published in the Federal Register on Friday May
31, 2013, 78 FR 32576. No comments were received, and the airworthiness
design standards are adopted.
As discussed above, these airworthiness design standards under the
special class, JAR-VLA rule are applicable to the Aquila AT01 model and
future JAR-VLA (CS-VLA) models on FAA TCDS A51CE.
This action affects only certain airworthiness design standards on
Aquila AT01 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.
The authority citation for these airworthiness standards is as
Authority: 49 U.S.C. 106(g), 40113 and 44701.
To satisfy the additional required provisions of ``Proposed
Airworthiness Design Standards: Night visual flight rules (VFR) Under
the Special Class (JAR-VLA) Regulations of 14 CFR 21.17(b); AQUILA
Aviation by Excellence GmbH, Model AT01'', the applicant, AQUILA, has
submitted a request to the FAA to use the EASA Special Conditions as
shown on EASA Certification Review Item (CRI) A-01 Issue 3, Appendix 1,
dated October 3, 2010 ``EASA Special Condition Airworthiness standards
for CS-VLA aeroplane to be operated under Night-VFR operations.
Applicable to AQUILA AT01'' as follows:
Airworthiness Standards for CS-VLA Aeroplane To Be Operated Under
Applicable to AQUILA AT01
Instead of VLA 1, VLA 181, VLA 773, VLA 807, VLA 903, VLA 905,
VLA 1121, VLA 1143, VLA 1147, VLA 1322, VLA 1325, VLA 1331, VLA
1351, VLA 1353, VLA 1431, VLA 1547, VLA 1559, VLA 1583 and due to
absence of specific requirements in CS-VLA (VLA 1107, VLA 1381, VLA
1383) the following proposed Special Conditions have to be complied
SpC VLA 1 Applicability
This airworthiness code is applicable to aeroplanes with a
single engine (spark- or compression-ignition) having not more than
two seats, with a Maximum Certificated Take-off Weight of not more
than 750 kg and a stalling speed in the landing configuration of not
more than 83 km/h (45 knots) (CAS), to be approved for day-VFR or
for day- and night VFR. (See AMC VLA 1.)
SpC VLA 181 Dynamic Stability
(a) Any short period oscillation not including combined lateral-
directional oscillations occurring between the stalling speed and
the maximum allowable speed appropriate to the configuration of the
aeroplane must be `heavily damped with the primary controls--
(1) Free; and
(2) In a fixed position
(b) Any combined lateral-directional oscillations (`Dutch roll')
occurring between the stalling speed and the maximum allowable speed
appropriate to the configuration of the aeroplane must be damped to
1/10 amplitude in 7 cycles with the primary controls--
(1) Free; and paragraph must be shown under the following
(2) In a fixed position.
(c) Any long period oscillation of the flight path (phugoid)
must not be so unstable as to cause an unacceptable increase in
pilot workload or otherwise endanger the aeroplane. When in the
conditions of CS VLA 175, the longitudinal control force required to
maintain speeds differing from the trimmed speed by at least plus or
minus 15% is suddenly released; the response of the aeroplane must
not exhibit any dangerous characteristics nor be excessive in
relation to the magnitude of the control force released (see AMC VLA
SpC VLA 773 Pilot Compartment View
The pilot compartment must be free from glare and reflections
that could interfere with the pilot's vision in all operations for
which the certification is requested. The pilot compartment must be
designed so that--
(a) The pilot's view is sufficiently extensive, clear, and
undistorted, for safe operation;
(b) The pilot is protected from the elements so that moderate
rain conditions do not unduly impair his view of the flight path in
normal flight and while landing; and
(c) Internal fogging of the windows covered under sub-paragraph
(a) of this paragraph can be easily cleared by the pilot unless
means are provided to prevent fogging. (See AMC VLA773.)
SpC VLA807 Emergency Exits
(a) Where exits are provided to achieve compliance with CS-VLA
783(a), the opening system must be designed for simple and easy
operation. It must function rapidly and be designed so that it can
be operated by each occupant strapped in his seat, and also from
outside the cockpit. Reasonable provisions must be provided to
prevent jamming by fuselage deformation.
(b) Markings must be suitable for night VFR, if this kind of
operation is requested. (See AMC VLA 807(b))
SpC VLA903 Engine
(a) The engine must meet the specifications of CS-22 Subpart H
for day-VFR operation, and must meet the Specification of CS-E for
(b) Restart capability. An altitude and airspeed envelope must
be established for the aeroplane for in-flight engine restarting and
the installed engine must have a restart capability within that
SpC VLA 905 Propeller
(a) The propeller must meet the specifications of CS-22 Subpart
J for day-VFR operation. For night-VFR operations the Propeller and
the Control System must meet the Specification of CS-P except for
fixed pitch propellers, for which CS-22 Subpart J is sufficient.
(b) Engine power and propeller shaft rotational speed may not
exceed the limits for which the propeller is certificated or
SpC VLA 1107 Induction System Filters
On reciprocating-engine installations, if an air filter is used
to protect the engine against foreign material particles in the
induction air supply--
(a) Each air filter must be capable of withstanding the effects
of temperature extremes, rain, fuel, oil, and solvents to which it
is expected to be exposed in service and maintenance; and
(b) Each air filter must have a design feature to prevent
material separated from the filter media from re-entering the
induction system and interfering with proper fuel metering
SpC VLA 1121 Exhaust System: General
(a) Each exhaust system must ensure safe disposal of exhaust
gases without fire hazard or carbon monoxide contamination in the
(b) Each exhaust system part with a surface hot enough to ignite
flammable fluids or vapours must be located or shielded so that
leakage from any system carrying flammable fluids or vapours will
not result in a fire caused by impingement of the fluids or vapours
on any part of the exhaust system including shields for the exhaust
(c) Each exhaust system component must be separated by fireproof
shields from adjacent flammable parts of the aeroplane that are
outside the engine compartment.
(d) No exhaust gases may discharge dangerously near any fuel or
oil system drain.
(e) No exhaust gases may be discharged where they will cause a
glare seriously affecting the pilot's vision at night.
(f) Each exhaust system component must be ventilated to prevent
points of excessively high temperature.
(g) Each exhaust heat exchanger must incorporate means to
prevent blockage of the exhaust port after any internal heat
SpC VLA 1143 Engine Controls
(a) The power or supercharger control must give a positive and
immediate responsive means of controlling its engine or
(b) If a power control incorporates a fuel shut-off feature, the
control must have a means to prevent the inadvertent movement of the
control into the shut-off position. The means must--
(1) Have a positive lock or stop at the idle position; and
(2) Require a separate and distinct operation to place the
control in the shut-off position.
(c) For reciprocating single-engine aeroplanes, each power or
thrust control must be designed so that if the control separates at
the engine fuel metering device, the aeroplane is capable of
continuing safe flight and landing. (See AMC VLA 1143(c)).
SpC VLA 1147 Mixture Control
(a) The Control must require a separate and distinct operation
to move the control toward lean or shut-off position.
(b) Each manual engine mixture control must be designed so that,
if the control separates at the engine fuel metering device, the
aeroplane is capable of continuing safe flight and landing. (See AMC
SpC VLA 1322 Warning, Caution, and Advisory Lights
If warning, caution, or advisory lights are installed in the
cockpit, they must be--
(a) Red, for warning lights (lights indicating a hazard which
may require immediate corrective action);
(b) Amber, for caution lights (lights indicating the possible
need for future corrective action);
(c) Green, for safe operation lights; and
(d) Any other colour, including white, for lights not described
in sub-paragraphs (a) to (c) of this paragraph, provided the colour
differs sufficiently from the colours prescribed in subparagraphs
(a) to (c) of this paragraph to avoid possible confusion.
(e) Effective under all probable cockpit lighting conditions.
SpC VLA 1325 Static Pressure System
(a) Each instrument provided with static pressure case
connections must be so vented that the influence of aeroplane speed,
the opening and closing of windows, moisture or other foreign
matter, will not significantly affect the accuracy of the
(b) The design and installation of a static pressure system must
be such that--
(1) Positive drainage of moisture is provided;
(2) Chafing of the tubing, and excessive distortion or
restriction at bends in the tubing, is avoided; and
(3) The materials used are durable, suitable for the purpose
intended, and protected against corrosion.
(c) Each static pressure system must be calibrated in flight to
determine the system error. The system error, in indicated pressure
altitude, at sea-level, with a standard atmosphere, excluding
instrument calibration error, may not exceed 9 m (30 ft) per 185 km/h (100 knot) speed for the appropriate
configuration in the speed range between 1[middot]3 VSO
with flaps extended and 1[middot]8 VS1 with flaps
retracted. However, the error need not be less than 9 m
SpC VLA 1331 Instruments Using a Power Supply
For each aeroplane--
(a) Each gyroscopic instrument must derive its energy from power
sources adequate to maintain its required accuracy at any speed
above the best rate-of-climb speed;
(b) Each gyroscopic instrument must be installed so as to
prevent malfunction due to rain, oil and other detrimental elements;
(c) There must be a means to indicate the adequacy of the power
being supplied to the instruments.
(d) For night VFR operation there must be at least two
independent sources of power and a manual or an automatic means to
select each power source for each instrument that uses a power
SpC VLA 1351 Electrical Systems and Equipment: General
(a) Electrical system capacity. Each electrical system must be
adequate for the intended use. In addition--
(1) Electric power sources, their transmission cables, and their
associated control and protective devices, must be able to furnish
the required power at the proper voltage to each load circuit
essential for safe operation; and
(2) Compliance with sub-paragraph (a)(l) of this paragraph must
be shown by an electrical load analysis, or by electrical
measurements, that account for the electrical loads applied to the
electrical system in probable combinations and for probable
(b) Functions. For each electrical system, the following apply:
(1) Each system, when installed, must be--
(i) Free from hazards in itself, in its method of operation, and
in its effects on other parts of the aeroplane;
(ii) Protected from fuel, oil, water, other detrimental
substances, and mechanical damage; and
(iii) So designed that the risk of electrical shock to occupants
and ground personnel is reduced to a minimum.
(2) Electric power sources must function properly when connected
in combination or independently.
(3) No failure or malfunction of any electric power source may
impair the ability of any
remaining source to supply load circuits essential for safe
(4) Each electric power source control must allow the
independent operation of each source, except that controls
associated with alternators that depend on a battery for initial
excitation or for stabilisation need not break the connection
between the alternator and its battery.
(c) Generating system. There must be at least one generator if
the electrical system supplies power to load circuits essential for
safe operation. In addition--
(1) Each generator must be able to deliver its continuous rated
(2) Generator voltage control equipment must be able to
dependably regulate the generator output within rated limits;
(3) Each generator must have a reverse current cut out designed
to disconnect the generator from the battery and from the other
generators when enough reverse current exists to damage that
(4) There must be a means to give immediate warning to the pilot
of a failure of any generator; and
(5) Each generator must have an overvoltage control designed and
installed to prevent damage to the electrical system, or to
equipment supplied by the electrical system, that could result if
that generator were to develop an overvoltage condition.
(d) Instruments. There must be a means to indicate to the pilot
that the electrical power supplies are adequate for safe operation.
For direct current systems, an ammeter in the battery feeder may be
(e) Fire resistance. Electrical equipment must be so designed
and installed that in the event of a fire in the engine compartment,
during which the surface of the firewall adjacent to the fire is
heated to 1100 [deg]C for 5 minutes or to a lesser temperature
substantiated by the applicant, the equipment essential to continued
safe operation and located behind the firewall will function
satisfactorily and will not create an additional fire hazard. This
may be shown by test or analysis.
(f) External power. If provisions are made for connecting
external power to the aeroplane, and that external power can be
electrically connected to equipment other than that used for engine
starting, means must be provided to ensure that no external power
supply having a reverse polarity, or a reverse phase sequence, can
supply power to the aeroplane's electrical system. The location must
allow such provisions to be capable of being operated without hazard
to the aeroplane or persons.
SpC VLA 1353 Storage Battery Design and Installation
(a) Each storage battery must be designed and installed as
prescribed in this paragraph.
(b) Safe cell temperatures and pressures must be maintained
during any probable charging and discharging condition. No
uncontrolled increase in cell temperature may result when the
battery is recharged (after previous complete discharge)--
(1) At maximum regulated voltage or power;
(2) During a flight of maximum duration; and
(3) Under the most adverse cooling condition likely to occur in
(c) Compliance with sub-paragraph (b) of this paragraph must be
shown by tests unless experience with similar batteries and
installations has shown that maintaining safe cell temperatures and
pressures presents no problem.
(d) No explosive or toxic gases emitted by any battery in normal
operation, or as the result of any probable malfunction in the
charging system or battery installation, may accumulate in hazardous
quantities within the aeroplane.
(e) No corrosive fluids or gases that may escape from the
battery may damage surrounding structures or adjacent essential
(f) Each nickel cadmium battery installation capable of being
used to start an engine or auxiliary power unit must have provisions
to prevent any hazardous effect on structure or essential systems
that may be caused by the maximum amount of heat the battery can
generate during a short circuit of the battery or of its individual
(g) Nickel cadmium battery installations capable of being used
to start an engine or auxiliary power unit must have--
(1) A system to control the charging rate of the battery
automatically so as to prevent battery overheating;
(2) A battery temperature sensing and over-temperature warning
system with a means for disconnecting the battery from its charging
source in the event of an over-temperature condition; or
(3) A battery failure sensing and warning system with a means
for disconnecting the battery from its charging source in the event
of battery failure.
(h) In the event of a complete loss of the primary electrical
power generating system, the battery must be capable of providing 30
minutes of electrical power to those loads that are essential to
continued safe flight and landing. The 30-minute time period
includes the time needed for the pilot(s) to recognize the loss of
generated power, and to take appropriate load shedding action.
SpC VLA 1381 Instrument Lights
The instrument lights must--
(a) Make each instrument and control easily readable and
(b) Be installed so that their direct rays, and rays reflected
from the windshield or other surface, are shielded from the pilot's
(c) Have enough distance or insulating material between current
carrying parts and the housing so that vibration in flight will not
cause shorting. A cabin dome light is not an instrument light.
SpC VLA 1383 Taxi and Landing Lights
Each taxi and landing light must be designed and installed so
(a) No dangerous glare is visible to the pilots;
(b) The pilot is not seriously affected by halation;
(c) It provides enough light for night operations; and
(d) It does not cause a fire hazard in any configuration.
SpC VLA 1431 Electronic Equipment
Electronic equipment and installations must be free from hazards
in themselves, in their method of operation, and in their effects on
other components. For operations for which electronic equipment is
required, compliance must be shown against CS-VLA 1309.
SpC VLA 1547 Magnetic Direction Indicator
(a) A placard meeting the requirements of this section must be
installed on or near the magnetic direction indicator.
(b) The placard must show the calibration of the instrument in
level flight with the engine operating.
(c) The placard must state whether the calibration was made with
radio receivers on or off.
(d) Each calibration reading must be in terms of magnetic
headings in not more than 30[deg] increments.
(e) If a magnetic non-stabilized direction indicator can have a
deviation of more than 10[deg] caused by the operation of electrical
equipment, the placard must state which electrical loads, or
combination of loads, would cause a deviation of more than 10[deg]
when turned on.
SpC VLA 1559 Operating Limitations Placards
The following placards must be plainly visible to the pilot:
(a) A placard stating the following airspeeds (IAS):
(1) Design manoeuvring speed, VA;
(2) The maximum landing gear operating speed, VLO.
(b) A placard stating `This aeroplane is classified as a very
light aeroplane approved for day VFR only or day and night VFR,
whichever is applicable, in non-icing conditions. All aerobatic
manoeuvres including intentional spinning are prohibited. See Flight
Manual for other limitations'.
SpC VLA 1583 Operating Limitations
(a) Airspeed limitations. The following information must be
(1) Information necessary for the marking of the airspeed limits
on the indicator, as required in CS-VLA 1545 and the significance of
the colour coding used on the indicator.
(2) The speeds VA, VLo, VLE where appropriate.
(b) Weights. The following information must be furnished:
(1) The maximum weight.
(2) Any other weight limits, if necessary.
(c) Centre of gravity. The established c.g. limits required by
CS-VLA 23 must be furnished.
(d) Manoeuvres. Authorised manoeuvres established in accordance
with CS-VLA 3.
(e) Flight load factors. Manoeuvring load factors: The following
must be furnished:
(1) The factors corresponding to point A and point C of figure 1
of CS-VLA 333(b), stated to be applicable at VA.
(2) The factors corresponding to point D and point E of figure 1
of CS-VLA 333(b) to be applicable at VNE.
(3) The factor with wing flaps extended as specified in CS-VLA
(f) Kinds of operation. The kinds of operation (day VFR or day
and night VFR, whichever is applicable) in which the aeroplane may
be used, must be stated. The minimum equipment required for the
operation must be listed.
(g) Powerplant limitations. The following information must be
(1) Limitation required by CS-VLA 1521.
(2) Information necessary for marking the instruments required
by CS-VLA 1549 to 1553.
(3) Fuel and oil designation.
(4) For two-stroke engines, fuel/oil ratio.
(h) Placards. Placards required by CS-VLA 1555 to 1561 must be
Issued in Kansas City, Missouri, on August 12, 2013.
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-20151 Filed 8-16-13; 8:45 am]
BILLING CODE 4910-13-P