[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Rules and Regulations]
[Pages 66721-66723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31041]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE145; Special Conditions No. 23-096A-SC]


Special Conditions: Raytheon Model 390 Airplane

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Amended final special conditions; request for comments.

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SUMMARY: This document amends special conditions issued to the Raytheon 
Aircraft Company for the Raytheon Model 390 airplane and requests 
comments on the revised portion of the amended special conditions. The 
Small Airplane Directorate issued final special conditions for this 
airplane on July 9, 1999, and published them on July 23, 1999 (64 FR 
39899). The special conditions contained a requirement for operating 
limitations for weight and loading distribution already covered by an 
exemption issued to Raytheon Aircraft Company on December 12, 1996 
(Exemption No. 6558, Docket No. 132CE). Accordingly, the portion of the 
special conditions that covers the operating limitations has been 
amended to remove the additional requirement. Only the revised sections 
are contained in this document.
    Additionally, the special condition for turning flight and 
accelerated turning stalls has been amended to include a power-at-idle 
condition. This condition is included to make these special conditions 
consistent with previously approved special conditions for a similar 
airplane.

DATES: The effective date of these special conditions is November 15, 
1999. Comments must be received on or before December 30, 1999.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, 
Attention: Rules Docket CE145, 901 Locust, Room 506, Kansas City, 
Missouri 64106; or delivered in duplicate to the Regional Counsel at 
the above address. Comments must be marked: CE145. Comments may be 
inspected in the Rules Docket weekdays, except Federal holidays, 
between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Lowell Foster, Aerospace Engineer, 
Standards Office (ACE-110), Small Airplane Directorate, Aircraft 
Certification Service, Federal Aviation Administration, Room 301, 901 
Locust, Kansas City, Missouri 64106; telephone (816) 329-4125.

SUPPLEMENTARY INFORMATION: The FAA has determined that the substance of 
these special conditions has been subject to the public comment process 
and those comments were resolved. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
issuance.

Comments Invited

    Interested persons are invited to submit such written data, views, 
or arguments as they may desire. Communications should identify the 
regulatory docket or notice number and be submitted in duplicate to the 
address specified above. All communications received on or before the 
closing date for comments will be considered by the Administrator. The 
special conditions may be changed in light of the comments received. 
All comments received will be available in the Rules Docket for 
examination by interested persons, both before and after the closing 
date for comments. A report summarizing each substantive public contact 
with FAA personnel concerning this rulemaking will be filed in the 
docket. Commenters wishing the FAA to acknowledge receipt of their 
comments submitted in response to this notice must include a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to CE145.'' The postcard will be date stamped and returned 
to the commenter.

Background

    On August 1, 1995, Raytheon Aircraft Company (then Beech Aircraft 
Corporation), 9707 East Central, Wichita, Kansas 67201, applied for a 
type certificate for their new Raytheon Model 390 Airplane. The 
Raytheon Model 390 has a composite fuselage, a metal wing with 22.8 
degrees of leading-edge sweepback, and a combination composite/metal 
empennage in a T-tail configuration with trimmable horizontal tail with 
27.3 degrees of leading-edge sweepback. The airplane will accommodate 
six passengers and a crew of two. The Model 390 will have a 
VMO/MMO of 320 knots/m.83, and has two turbofan 
engines mounted on the aft fuselage above and behind the wing.
    Raytheon plans to incorporate certain novel and unusual design 
features into the Model 390 airplane for which the airworthiness 
regulations do not contain adequate or appropriate safety standards. 
These features include turbofan engines, engine location, swept wings 
and stabilizer, and certain performance characteristics necessary for 
this type of airplane.
    The final special conditions issued for this airplane on July 9, 
1999, which were published on July 23, 1999 (64 FR 39899), contained a 
requirement covered by an exemption issued to Raytheon Aircraft Company 
on December 12, 1996 (Exemption No. 6558, Docket No. 132CE). The Small 
Airplane Directorate has amended SC23.1583 in the special conditions to 
remove the weight and loading distribution paragraph in the operating 
limitations portion of the special condition and to add idle thrust 
stalls to be consistent with past policy. The amended version of the 
operating limitations and the idle thrust stalls special conditions are 
published below.

Type Certification Basis

    Under the provisions of 14 CFR part 21, Sec. 21.17, Raytheon 
Aircraft Company must show that the Raytheon Model 390 meets the 
applicable provisions of 14 CFR part 23, effective February 1, 1965, as 
amended by Amendments 23-1 through 23-52, effective July 25, 1996; 14 
CFR part 36, effective December 1, 1969, through the amendment 
effective on the date of type certification; 14 CFR part 34; 
exemptions, if any; and the special conditions adopted by this 
rulemaking action.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the Raytheon Model 390 because of a 
novel or unusual design feature,

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special conditions are prescribed under the provisions of Sec. 21.16.
    Special conditions, as appropriate, are issued in accordance with 
Sec. 11.49 after public notice, as required by Secs. 11.28 and 
11.29(b), and become part of the type certification basis in accordance 
with Sec. 21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec. 21.101(a)(1).

Novel or Unusual Design Features

    The Raytheon Model 390 will incorporate the following novel or 
unusual design features: These features include turbofan engines, 
engine location, swept wings and stabilizer, and certain performance 
characteristics necessary for this type of airplane. These amended 
special conditions only address the operating limitations and the 
addition of idle thrust stalls. The remaining features are addressed in 
the original special conditions published on July 23, 1999 (64 FR 
39899)

Discussion of Previous Comments

    A notice of proposed special conditions No. 23-98-01-SC for the 
Raytheon Aircraft Company Model 390 airplanes was published on November 
2, 1998 (63 FR 58660). Comments on the notice were discussed in the 
final version published on July 23, 1999 (64 FR 39899).

Applicability

    As discussed above, these amended special conditions are applicable 
to the Raytheon Model 390 Airplane. Should Raytheon Aircraft Company 
apply at a later date for a change to the type certificate to include 
another model incorporating the same novel or unusual design feature, 
the special conditions would apply to that model as well under the 
provisions of Sec. 21.101(a)(1).

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability, 
and it affects only the applicant who applied to the FAA for approval 
of these features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period and those comments were resolved. It is 
unlikely that further public comment on the original special conditions 
would result in a significant change from the substance contained 
herein. For that reason, and since a delay would significantly affect 
the certification of the airplane, which is imminent, the FAA has 
determined that good cause exists for adopting these special conditions 
upon issuance. However, the FAA is requesting comments to the revisions 
in the amended special conditions to allow interested persons to submit 
such written data, views, or arguments as they may desire.

List of Subjects in 14 CFR Part 23

    The authority citation for these special conditions is as follows: 
49 U.S.C. 106(g); 40113, 44701, 44702, and 44704; 14 CFR 21.16 and 
21.17; and 14 CFR 11.28 and 11.49.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following amended special conditions are issued as 
part of the type certification basis for Raytheon Aircraft Company 
Model 390 airplane.

SC23.203 Turning flight and accelerated turning stalls

    Instead of compliance with Sec. 23.203(c), the following apply:
    (c) Compliance with the requirements of this section must be 
shown with:
    (1) Flight idle thrust and the thrust necessary to maintain 
level flight at 1.6 VS1 (where VS1 corresponds 
to the stalling speed with flaps in the approach position, the 
landing gear retracted, and maximum landing weight).
    (2) Flaps, landing gear, and deceleration devices in any likely 
combination of positions.
    (3) Trim at 1.4VS1 or at the minimum trim speed, 
whichever is higher.
    (4) Representative weights within the range for which 
certification is requested.

SC23.1583 Operating limitations

    Instead of the requirements of Sec. 23.1583, the following 
apply:
    (a) Airspeed limitations. The following airspeed limitations and 
any other airspeed limitations necessary for safe operation must be 
furnished:
    (1) The maximum operating limit speed, VMO/
MMO, and a statement that this speed limit may not be 
deliberately exceeded in any regime of flight (climb, cruise, or 
descent) unless a higher speed is authorized for flight test or 
pilot training.
    (2) If an airspeed limitation is based upon compressibility 
effects, a statement to this effect and information as to any 
symptoms, the probable behavior of the airplane, and the recommended 
recovery procedures.
    (3) The maneuvering speed, VO, and a statement that 
full application of rudder and aileron controls, as well as 
maneuvers that involve angles of attack near the stall, should be 
confined to speeds below this value.
    (4) The maximum speed for flap extension, VFE, for 
the takeoff, approach, and landing positions.
    (5) The landing gear operating speed or speeds, VLO.
    (6) The landing gear extended speed, VLE if greater 
than VLO, and a statement that this is the maximum speed 
at which the airplane can be safely flown with the landing gear 
extended.
    (b) Powerplant limitations. The following information must be 
furnished:
    (1) Limitations required by Sec. 23.1521.
    (2) Explanation of the limitations, when appropriate.
    (3) Information necessary for marking the instruments, required 
by Sec. 23.1549 through Sec. 23.1553.
    (c) Maneuvers. A statement that acrobatic maneuvers, including 
spins, are not authorized.
    (d) Maneuvering flight load factors. The positive maneuvering 
limit load factors for which the structure is proven, described in 
terms of accelerations, and a statement that these accelerations 
limit the angle of bank in turns and limit the severity of pull-up 
maneuvers must be furnished.
    (e) Flightcrew. The number and functions of the minimum 
flightcrew must be furnished.
    (f) Kinds of operation. The kinds of operation (such as VFR, 
IFR, day, or night) and the meteorological conditions in which the 
airplane may or may not be used must be furnished. Any installed 
equipment that affects any operating limitation must be listed and 
identified as to operational function.
    (g) Additional operating limitations must be established as 
follows:
    (1) The maximum takeoff weights must be established as the 
weights at which compliance is shown with the applicable provisions 
of part 23 (including the takeoff climb provisions of special 
condition SC23.67(a) through (c) for altitudes and ambient 
temperatures).
    (2) The maximum landing weights must be established as the 
weights at which compliance is shown with the applicable provisions 
of part 23 (including the approach climb and balked landing climb 
provisions of special conditions SC23.67(d) and SC23.77 for 
altitudes and ambient temperatures).
    (3) The minimum takeoff distances must be established as the 
distances at

[[Page 66723]]

which compliance is shown with the applicable provisions of part 23 
(including the provisions of special conditions SC23.55 and SC23.59 
for weights, altitudes, temperatures, wind components, and runway 
gradients).
    (4) The extremes for variable factors (such as altitude, 
temperature, wind, and runway gradients) are those at which 
compliance with the applicable provision of part 23 and these 
special conditions is shown.
    (h) Maximum operating altitude. The maximum altitude established 
under Sec. 23.1527 must be furnished.
    (i) Maximum passenger seating configuration. The maximum 
passenger seating configuration must be furnished.
    (j) Ambient temperatures. Where appropriate, maximum and minimum 
ambient air temperatures for operation.
    (k) Allowable lateral fuel loading. The maximum allowable 
lateral fuel loading differential, if less than the maximum 
possible.
    (l) Baggage and cargo loading. The following information for 
each baggage and cargo compartment or zone.
    (1) The maximum allowable load; and
    (2) The maximum intensity of loading.
    (m) Systems. Any limitation on the use of airplane systems and 
equipment.
    (n) Smoking. Any restriction on smoking in the airplane.

    Issued in Kansas City, Missouri, on November 15, 1999.
Marvin R. Nuss,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-31041 Filed 11-29-99; 8:45 am]
BILLING CODE 4910-13-P