Avionics News - October 2023 - 15

The proposal has been issued just as the comment period
on the NPRM for power-lift aircraft operations
(FAA-2023-1275) closed; another rulemaking that proposed
universal changes to Parts 1, 43, 61 and 91. The amendments
in both proposals must be reviewed for inconsistencies,
consequences and cumulative economic impact.
ly more than 164,000 private pilot certificates and slightly less
than 7,000 sport pilot certificates. The FAA has issued more than
280,000 student pilot certificates; however, this number may be
misleading because starting in 2016, there is no expiration date
on new student pilot certificates, so this should not be confused
with " active " student pilots. The elimination of the prescriptive
design criteria of the LSA aircraft will result in an expansion of
sport pilot privileges. As we know, the entry point of aviation is
significant; the FAA proposes that increasing the opportunities
for sport pilots will increase recruiting opportunities, an admirable
goal that the AEA fully supports.
The bad
The notice of proposed rulemaking proposes to amend nine
separate parts of title 14 of the Code of Federal Regulations.
These include:
* Part 1: Definitions.
* Part 21: Certification Procedures for Products and Articles.
* Part 22: (New), Design, Production, and Airworthiness
Requirements for non-Type Certificated Aircraft.
* Part 36: Noise Standards: Aircraft Type and Airworthiness
Certification.
* Part 43: Maintenance, Preventive Maintenance, Rebuilding,
and Alteration.
* Part 45: Identification and Registration Marking.
* Part 61: Certification: Pilots, Flight Instructors, and Ground
Instructors.
* Part 65: Certification: Airmen Other Than Flight
Crewmembers.
* Part 91: General Operating and Flight Rules.
* Part 119: Certification: Air Carriers and Commercial
Operators.
The proposed changes to Parts 21 and 61 are directly related to
the change in size and scope of LSA and the privileges of sport
pilot. All other revisions are incidental to those basic changes.
The preamble may provide an explanation for the proposed
light-sport aircraft design standards and the sport pilot changes,
but there is little to no justification for the proposed changes
impacting all design and production approval holders, holders
of maintenance certificates under Part 43, including individual
mechanics and repairmen, and repair stations, civilian pilots, in
both private and commercial operations, as well as air carrier personnel
subject to 14 CFR.
Beginning with the proposed revision to Part 1 definitions,
the FAA is proposing a new, restrictive definition of " consensus
standards, " which, while applicable to the design and certification
of LSA aircraft, fails to address the hundreds, if not thousands, of
consensus standards used in aviation to address processes, materials,
lubricants, fuels, quality systems, and personnel standards.
Proposed § 22.175 would require that aircraft meet the applicable
noise standards of Part 36: Noise Standards: Aircraft Type
and Airworthiness Certification. In addition to applying Part 36
to new LSA, this rule proposes that new experimental light-sport
aircraft and existing experimental light-sport aircraft that are
altered in a manner that changes their noise generation would be
required to demonstrate compliance with Part 36. The positive
side of this is the equity in compliance that if a normal category
aircraft (Part 23) must demonstrate compliance to Part 36, then
LSA aircraft should as well.
The FAA explains the expansion of the applicability of
Part 36: " Initially, (2004) the FAA determined that there was
little value in assessing the noise from aircraft that did not
receive type certificates. Those aircraft were originally found
to be few in number, and in many cases may have been a
single aircraft of its kind. "
It further states: " In the past two decades, the reality of
the number of aircraft operating that do not conform to a
type certificate has overtaken those historical presumptions.
There are now tens of thousands of aircraft that do not
conform to type certificates, many of them nearly identical,
that have never been subject to noise testing or limits,
including aircraft that may be similar to or larger than
aircraft with type certificates that are already subject to the
noise requirements. "
Continued on page 19
AVIONICS NEWS * OCTOBER 2023 15
Avionics News - October 2023

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