[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Rules and Regulations]
[Pages 4618-4625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1609]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE255; Special Conditions No. 23-195-SC]


Special Conditions: Aviation Technology Group (ATG), Inc., 
Javelin Model 100 Series Airplane; Flight Performance, Flight 
Characteristics, and Operating Limitations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Aviation 
Technology Group (ATG), Inc., Javelin Model 100 Series airplane. This 
airplane will have a novel or unusual design feature(s) associated with 
engine location, certain performance, flight characteristics and 
operating limitations necessary for this type of airplane. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature. These special 
conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to airworthiness standards applicable to these airplanes.

DATES: The effective date of these special conditions is January 24, 
2007. Comments must be received on or before March 5, 2007.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, 
Attention: Rules Docket CE255, 901 Locust, Room 506, Kansas City, 
Missouri 64106; or delivered in duplicate to the Regional Counsel at 
the above address. Comments must be marked: CE255. Comments may be 
inspected in the Rules Docket weekdays, except Federal holidays, 
between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: J. Lowell Foster, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-
329-4125, fax 816-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
the substance of these special conditions has been subject to the 
public comment process in several prior instances with no substantive 
comments received. 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 special condition 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 CE255.'' The postcard will be date stamped and returned 
to the commenter.

Background

    On February 15, 2005, Aviation Technology Group (ATG); 8001 South 
InterPort Boulevard, Suite 310; Englewood, Colorado 80112-5951, applied 
for a type certificate for their new Model 100 Javelin airplane in 
accordance with the airworthiness standards in 14 CFR, part 23. The 
Javelin is a two-place, twin engine, turbofan-powered light jet 
airplane with a planned maximum operating altitude of 45,000 feet. Part 
23 regulations in effect on the date of ATG's application do not 
contain adequate or appropriate safety standards for a small, high 
performance jet airplane such as the Javelin. In accordance with Small 
Airplane Directorate policy, the safety standards for flight 
performance, flight characteristics and operational limitations that 
the Federal Aviation Administration (FAA) finds necessary to establish 
an acceptable level of safety for this type of airplane are presented 
in this special condition.

Type Certification Basis

    Under the provisions of 14 CFR, part 21, Sec.  21.17, ATG must show 
that the Model 100 meets the applicable provisions of part 23, as 
amended by Amendment 23-1 through 23-55 thereto. 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 ATG 
Model 100 series because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38, 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).
    In addition to the applicable airworthiness regulations and special 
conditions, the Model 100 must comply with the part 23 fuel vent and 
exhaust emission requirements of 14 CFR, part 34 and the part 23 noise 
certification requirements of 14 CFR part 36; and the FAA must issue a 
finding of regulatory adequacy pursuant to Sec.  611 of Public Law 92-
574, the ``Noise Control Act of 1972.''

Novel or Unusual Design Features

    ATG intends to certificate the Javelin in both utility and 
acrobatic categories. The ATG Javelin Model 100 will incorporate the 
following novel or unusual design features:
     Two-place, tandem configuration.
     Maximum takeoff weight of approximately 6,900 pounds.
     Design cruise speed of 500 knots calibrated airspeed.

[[Page 4619]]

     Two Williams FJ33-4A-18M turbofan engines with dual 
channel FADEC controls.
     Major airframe components constructed of carbon fiber 
composite materials.
     Hydraulically boosted flight control system with floor-
mounted control sticks.
     Integrated avionics including Avidyne displays, autopilot, 
and flight management. System.
    Novel features on the ATG Model 100 include rear mounted turbine 
engines embedded in the fuselage, boosted controls, and high-speed, 
high-altitude acrobatic capability.

Applicability

    As discussed above, these special conditions are applicable to the 
ATG Model 100 series. Should ATG 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 ATG Model 100 series airplanes. It is not a rule of general 
applicability and 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 in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. For this reason, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon issuance. The FAA is requesting comments to allow 
interested persons to submit views that may not have been submitted in 
response to the prior opportunities for comment described above.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
14 CFR 11.38 and 11.19.

The Special Conditions

    Several 14 CFR part 23 paragraphs have been replaced by or 
supplemented with special conditions. These special conditions have 
been numbered to match the 14 CFR part 23 paragraphs they replace or 
supplement. Additionally, many of the other applicable part 23 
paragraphs cross-reference paragraphs that are replaced by or 
supplemented with special conditions. It is implied that the special 
conditions associated with these paragraphs must be applied. This 
principal applies to all part 23 paragraphs that cross-reference 
paragraphs associated with special conditions.
    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the ATG Model 100 series airplanes.

1. SC 23.45 General

    Instead of compliance with Sec.  23.45, the following apply:
    (a) Unless otherwise prescribed, the performance requirements of 
this part must be met for--
    (1) Still air and standard atmosphere; and
    (2) Ambient atmospheric conditions, for commuter category 
airplanes, for reciprocating engine-powered airplanes of more than 
6,000 pounds maximum weight, and for turbine engine-powered airplanes.
    (b) Performance data must be determined over not less than the 
following ranges of conditions--
    (1) Airport altitudes from sea level to 10,000 feet; and
    (2) For reciprocating engine-powered airplanes of more than 6,000 
pounds maximum weight and turbine engine-powered airplanes, temperature 
from standard to 30 [deg]C above standard, or the maximum ambient 
atmospheric temperature at which compliance with the cooling provisions 
of Sec.  23.1041 to Sec.  23.1047 is shown, if lower.
    (c) Performance data must be determined with the cowl flaps or 
other means for controlling the engine cooling air supply in the 
position used in the cooling tests required by Sec.  23.1041 to Sec.  
23.1047.
    (d) The available propulsive thrust must correspond to engine 
power, not exceeding the approved power, less--
    (1) Installation losses; and
    (2) The power absorbed by the accessories and services appropriate 
to the particular ambient atmospheric conditions and the particular 
flight condition.
    (e) The performance, as affected by engine power or thrust, must be 
based on a relative humidity:
    (1) Of 80 percent at and below standard temperature; and
    (2) From 80 percent, at the standard temperature, varying linearly 
down to 34 percent at the standard temperature plus 50 [deg]F.
    (f) Unless otherwise prescribed, in determining the takeoff and 
landing distances, changes in the airplane's configuration, speed, and 
power must be made in accordance with procedures established by the 
applicant for operation in service. These procedures must be able to be 
executed consistently by pilots of average skill in atmospheric 
conditions reasonably expected to be encountered in service.
    (g) The following, as applicable, must be determined on a smooth, 
dry, hard-surfaced runway--
    (1) Not applicable;
    (2) Accelerate-stop distance of SC 23.55;
    (3) Takeoff distance and takeoff run of SC 23.59; and
    (4) Landing distance of SC 23.75.

    Note: The effect on these distances of operation on other types 
of surfaces (for example, grass, gravel) when dry, may be determined 
or derived and these surfaces listed in the Airplane Flight Manual 
in accordance with SC 23.1583(p).

    (h) The following also apply:
    (1) Unless otherwise prescribed, the applicant must select the 
takeoff, enroute, approach, and landing configurations for the 
airplane.
    (2) The airplane configuration may vary with weight, altitude, and 
temperature, to the extent that they are compatible with the operating 
procedures required by paragraph (h)(3) of this section.
    (3) Unless otherwise prescribed, in determining the critical-
engine-inoperative takeoff performance, takeoff flight path, and 
accelerate-stop distance, changes in the airplane's configuration, 
speed, and power must be made in accordance with procedures established 
by the applicant for operation in service.
    (4) Procedures for the execution of discontinued approaches and 
balked landings associated with the conditions prescribed in SC 
23.67(c)(4) and SC 23.77(c) must be established.
    (5) The procedures established under paragraphs (h)(3) and (h)(4) 
of this section must--
    (i) Be able to be consistently executed by a crew of average skill 
in atmospheric conditions reasonably expected to be encountered in 
service;
    (ii) Use methods or devices that are safe and reliable; and

[[Page 4620]]

    (iii) Include allowance for any reasonably expected time delays in 
the execution of the procedures.

2. SC 23.51 Takeoff Speeds

    Instead of compliance with Sec.  23.51, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (l) V1 must be established in relation to VEF 
as follows:
    (i) VEF is the calibrated airspeed at which the critical 
engine is assumed to fail. VEF must be selected by the 
applicant but must not be less than 1.05 VMC determined 
under Sec.  23.149(b) or, at the option of the applicant, not less than 
VMCG determined under Sec.  23.149(f).
    (ii) The takeoff decision speed, V1, is the calibrated 
airspeed on the ground at which, as a result of engine failure or other 
reasons, the pilot is assumed to have made a decision to continue or 
discontinue the takeoff. The takeoff decision speed, V1, 
must be selected by the applicant but must not be less than 
VEF plus the speed gained with the critical engine 
inoperative during the time interval between the instant at which the 
critical engine is failed and the instant at which the pilot recognizes 
and reacts to the engine failure, as indicated by the pilot's 
application of the first retarding means during the accelerate-stop 
determination of SC 23.55.
    (2) The rotation speed, VR, in terms of calibrated 
airspeed, must be selected by the applicant and must not be less than 
the greatest of the following:
    (i) V1;
    (ii) 1.05 VMC determined under Sec.  23.149(b);
    (iii) 1.10 VS1; or
    (iv) The speed that allows attaining the initial climb-out speed, 
V2, before reaching a height of 35 feet above the takeoff 
surface in accordance with SC 23.57(c)(2).
    (3) For any given set of conditions, such as weight, altitude, 
temperature, and configuration, a single value of VR must be 
used to show compliance with both the one-engine-inoperative takeoff 
and all-engines-operating takeoff requirements.
    (4) The takeoff safety speed, V2, in terms of calibrated 
airspeed, must be selected by the applicant so as to allow the gradient 
of climb required in SC 23.67(c)(1) and (c)(2) but must not be less 
than 1.10 VMC or less than 1.20 VS1.
    (5) The one-engine-inoperative takeoff distance, using a normal 
rotation rate at a speed 5 knots less than VR, established 
in accordance with paragraph (c)(2) of this section, must be shown not 
to exceed the corresponding one-engine-inoperative takeoff distance, 
determined in accordance with SC 23.57 and SC 23.59(a)(1), using the 
established VR. The takeoff, otherwise performed in 
accordance with SC 23.57, must be continued safely from the point at 
which the airplane is 35 feet above the takeoff surface and at a speed 
not less than the established V2 minus 5 knots.
    (6) The applicant must show, with all engines operating, that 
marked increases in the scheduled takeoff distances, determined in 
accordance with SC 23.59(a)(2), do not result from over-rotation of the 
airplane or out-of-trim conditions.

3. SC 23.53 Takeoff Performance

    Instead of compliance with Sec.  23.53, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Takeoff performance, as required by SC 23.55 through SC 23.59, 
must be determined with the operating engine(s) within approved 
operating limitations.

4. SC 23.55 Accelerate-stop Distance

    Instead of compliance with Sec.  23.55, the following apply:
    The accelerate-stop distance must be determined as follows:
    (a) The accelerate-stop distance is the sum of the distances 
necessary to--
    (1) Accelerate the airplane from a standing start to VEF 
with all engines operating;
    (2) Accelerate the airplane from VEF to V1, 
assuming the critical engine fails at VEF; and
    (3) Come to a full stop from the point at which V1 is 
reached.
    (b) Means other than wheel brakes may be used to determine the 
accelerate-stop distances if that means--
    (1) Is safe and reliable;
    (2) Is used so that consistent results can be expected under normal 
operating conditions; and
    (3) Is such that exceptional skill is not required to control the 
airplane.

5. SC 23.57 Takeoff Path

    Instead of compliance with Sec.  23.57, the following apply:
    The takeoff path is as follows:
    (a) The takeoff path extends from a standing start to a point in 
the takeoff at which the airplane is 1,500 feet above the takeoff 
surface at or below which height the transition from the takeoff to the 
enroute configuration must be completed; and
    (1) The takeoff path must be based on the procedures prescribed in 
SC 23.45;
    (2) The airplane must be accelerated on the ground to 
VEF at which point the critical engine must be made 
inoperative and remain inoperative for the rest of the takeoff; and
    (3) After reaching VEF, the airplane must be accelerated 
to V2.
    (b) During the acceleration to speed V2, the nose gear 
may be raised off the ground at a speed not less than VR. 
However, landing gear retraction must not be initiated until the 
airplane is airborne.
    (c) During the takeoff path determination, in accordance with 
paragraphs (a) and (b) of this section--
    (1) The slope of the airborne part of the takeoff path must not be 
negative at any point;
    (2) The airplane must reach V2 before it is 35 feet 
above the takeoff surface, and must continue at a speed as close as 
practical to, but not less than V2, until it is 400 feet 
above the takeoff surface;
    (3) At each point along the takeoff path, starting at the point at 
which the airplane reaches 400 feet above the takeoff surface, the 
available gradient of climb must not be less than 1.2 percent for two-
engine airplanes; and
    (4) Except for gear retraction and automatic propeller feathering, 
the airplane configuration must not be changed, and no change in power 
that requires action by the pilot may be made, until the airplane is 
400 feet above the takeoff surface.
    (d) The takeoff path to 35 feet above the takeoff surface must be 
determined by a continuous demonstrated takeoff.
    (e) The takeoff path from 35 feet above the takeoff surface must be 
determined by synthesis from segments; and
    (1) The segments must be clearly defined and must be related to 
distinct changes in configuration, power, and speed;
    (2) The weight of the airplane, the configuration, and the power 
must be assumed constant throughout each segment and must correspond to 
the most critical condition prevailing in the segment; and
    (3) The Takeoff flight path must be based on the airplane's 
performance without utilizing ground effect.

6. SC 23.59 Takeoff Distance and Takeoff Run

    Instead of compliance with Sec.  23.59, the following apply:
    The takeoff distance and, at the option of the applicant, the 
takeoff run, must be determined.
    (a) Takeoff distance is the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to the point at which the airplane is 35 feet above the 
takeoff surface as determined under SC 23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to the point at

[[Page 4621]]

which the airplane is 35 feet above the takeoff surface, determined by 
a procedure consistent with SC 23.57.
    (b) If the takeoff distance includes a clearway, the takeoff run is 
the greater of--
    (1) The horizontal distance along the takeoff path from the start 
of the takeoff to a point equidistant between the liftoff point and the 
point at which the airplane is 35 feet above the takeoff surface as 
determined under SC 23.57; or
    (2) With all engines operating, 115 percent of the horizontal 
distance from the start of the takeoff to a point equidistant between 
the liftoff point and the point at which the airplane is 35 feet above 
the takeoff surface, determined by a procedure consistent with SC 
23.57.

7. SC 23.61 Takeoff Flight Path

    Instead of compliance with Sec.  23.61, the following apply:
    The takeoff flight path must be determined as follows:
    (a) The takeoff flight path begins 35 feet above the takeoff 
surface at the end of the takeoff distance determined in accordance 
with SC 23.59.
    (b) The net takeoff flight path data must be determined so that 
they represent the actual takeoff flight paths, as determined in 
accordance with SC 23.57 and with paragraph (a) of this section, 
reduced at each point by a gradient of climb equal to 0.8 percent for 
two-engine airplanes.
    (c) The prescribed reduction in climb gradient may be applied as an 
equivalent reduction in acceleration along that part of the takeoff 
flight path at which the airplane is accelerated in level flight.

8. SC 23.63 Climb: General

    Instead of compliance with Sec.  23.63, the following apply:
    (a) Compliance with the requirements of Sec. Sec.  23.65, 23.66, SC 
23.67, 23.69, and SC 23.77 must be shown--
    (1) Out of ground effect; and
    (2) At speeds that are not less than those at which compliance with 
the powerplant cooling requirements of Sec. Sec.  23.1041 to 23.1047 
has been demonstrated; and
    (3) Unless otherwise specified, with one engine inoperative, at a 
bank angle not exceeding 5 degrees.
    (b) Not applicable.
    (c) Not applicable.
    (d) Compliance must be shown at weights as a function of airport 
altitude and ambient temperature within the operational limits 
established for takeoff and landing, respectively, with--
    (1) SC 23.67(c)(1), SC 23.67(c)(2), and SC 23.67(c)(3) for takeoff; 
and
    (2) SC 23.67(c)(3), SC 23.67(c)(4), and SC 23.77(c) for landing.

9. SC 23.66 Takeoff Climb: One-engine Inoperative

    Instead of compliance with Sec.  23.66, see SC 23.67.

10. SC 23.67 Climb: One Engine Inoperative

    Instead of compliance with Sec.  23.67, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The following apply:
    (1) Takeoff; landing gear extended. The steady gradient of climb at 
the altitude of the takeoff surface must be measurably positive for 
two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear extended, and all landing gear doors open;
    (iv) The wing flaps in the takeoff position(s);
    (v) The wings level; and
    (vi) A climb speed equal to V2.
    (2) Takeoff; landing gear retracted. The steady gradient of climb 
at an altitude of 400 feet above the takeoff surface must be not less 
than 2.0 percent of two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
position it rapidly and automatically assumes;
    (ii) The remaining engine(s) at takeoff power;
    (iii) The landing gear retracted;
    (iv) The wing flaps in the takeoff position(s);
    (v) A climb speed equal to V2.
    (3) Enroute. The steady gradient of climb at an altitude of 1,500 
feet above the takeoff or landing surface, as appropriate, must be not 
less than 1.2 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at not more than maximum continuous 
power;
    (iii) The landing gear retracted;
    (iv) The wing flaps retracted; and
    (v) A climb speed not less than 1.2 VS1.
    (4) Discontinued approach. The steady gradient of climb at an 
altitude of 400 feet above the landing surface must be not less than 
2.1 percent for two-engine airplanes with--
    (i) The critical engine inoperative and its propeller in the 
minimum drag position;
    (ii) The remaining engine(s) at takeoff power;
    (iii) Landing gear retracted;
    (iv) Wing flaps in the approach position(s) in which VS1 
for these position(s) does not exceed 110 percent of the VS1 
for the related all-engines-operating landing position(s); and
    (v) A climb speed established in connection with normal landing 
procedures but not exceeding 1.5 VS1.

11. SC 23.73 Reference Landing Approach Speed

    Instead of compliance with Sec.  23.73, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) The reference landing approach speed, VREF, must not 
be less than the greater of 1.05 VMC, determined in Sec.  
23.149(c), and 1.3 VSO.

12. SC 23.77 Balked Landing

    Instead of compliance with Sec.  23.77, the following apply:
    (a) Not applicable.
    (b) Not applicable.
    (c) Each airplane must be able to maintain a steady gradient of 
climb of at least 3.2 percent with--
    (1) Not more than the power that is available on each engine eight 
seconds after initiation of movement of the power controls from the 
minimum flight idle position;
    (2) Landing gear extended;
    (3) Wing flaps in the landing position; and
    (4) A climb speed equal to VREF, as defined in SC 
23.73(c).

13. SC 23.177 Static Directional and Lateral Stability

    Instead of compliance with Sec.  23.177, the following apply:
    (a) The static directional stability, as shown by the tendency to 
recover from a wings-level sideslip with the rudder free, must be 
positive for any landing gear and flap position appropriate to the 
takeoff, climb, cruise, approach, and landing configurations. This must 
be shown with symmetrical power up to maximum continuous power, and at 
speeds from 1.2 VS1 up to VFE, VLE, or 
VFC / MFC (as appropriate). The angle of sideslip 
for these tests must be appropriate to the type of airplane. At larger 
angles of sideslip, up to that at which full rudder is used or a 
control force limit in Sec.  23.143 is reached, whichever occurs first, 
and at speeds from 1.2 VS1 to VO, the rudder 
pedal force must not reverse.
    (b) The static lateral stability, as shown by the tendency to raise 
the low wing in a sideslip, must be positive for all landing gear and 
flap positions. This must be shown with symmetrical power up to 75 
percent of maximum

[[Page 4622]]

continuous power at speeds above 1.2 VS1 in the takeoff 
configuration(s) and at speeds above 1.3 VS1 in other 
configurations, up to VFE, VLE, or VFC 
/ MFC (as appropriate) for the configuration being 
investigated, in the takeoff, climb, cruise, and approach 
configurations. For the landing configuration, the power must be that 
necessary to maintain a 3 degree angle of descent in coordinated 
flight. The static lateral stability must not be negative at 1.2 
VS1 in the takeoff configuration, or at 1.3 VS1 
in other configurations. The angle of sideslip for these tests must be 
appropriate to the type of airplane, but in no case may the constant 
heading sideslip angle be less than that obtainable with a 10 degree 
bank or, if less, the maximum bank angle obtainable with full rudder 
deflection or 150 pound rudder force.
    (c) Paragraph (b) of this section does not apply to acrobatic 
category airplanes certificated for inverted flight.
    (d) In straight, steady slips at 1.2 VS1 for any landing 
gear and flap positions, and for any symmetrical power conditions up to 
50 percent of maximum continuous power, the aileron and rudder control 
movements and forces must increase steadily, but not necessarily in 
constant proportion, as the angle of sideslip is increased up to the 
maximum appropriate to the type of airplane. At larger slip angles, up 
to the angle at which the full rudder or aileron control is used or a 
control force limit contained in Sec.  23.143 is reached, the aileron 
and rudder control movements and forces must not reverse as the angle 
of sideslip is increased. Rapid entry into, and recovery from, a 
maximum sideslip considered appropriate for the airplane must not 
result in uncontrollable flight characteristics.

14. SC 23.201(e) Wings Level Stall

    Instead of compliance with Sec.  23.201(e), the following apply:
    (e) Compliance with the requirements of this section must be shown 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) 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).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.

15. SC 23.203(c) 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 
under the following conditions:
    (1) The flaps, landing gear, and speedbrakes in any likely 
combination of positions and altitudes appropriate for the various 
positions.
    (2) Thrust--
    (i) Idle; and
    (ii) 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).
    (3) Trim at 1.4 VS1 or the minimum trim speed, whichever 
is higher.

16. SC 23.251 Vibration and Buffeting

    Instead of compliance with Sec.  23.251, the following apply:
    (a) The airplane must be demonstrated in flight to be free from any 
vibration and buffeting that would prevent continued safe flight in any 
likely operating condition.
    (b) Each part of the airplane must be shown in flight to be free 
from excessive vibration under any appropriate speed and thrust 
conditions up to VDF / MDF. The maximum speeds 
shown must be used in establishing the operating limitations of the 
airplane in accordance with special condition SC 23.1505.
    (c) Except as provided in paragraph (d) of this special condition, 
there may be no buffeting condition, in normal flight, including 
configuration changes during cruise, severe enough to interfere with 
the control of the airplane, to cause excessive fatigue to the crew, or 
to cause structural damage. Stall warning buffeting within these limits 
is allowable.
    (d) There may be no perceptible buffeting condition in the cruise 
configuration in straight flight at any speed up to VMO / 
MMO, except that stall warning buffeting is allowable.
    (e) With the airplane in the cruise configuration, the positive 
maneuvering load factors at which the onset of perceptible buffeting 
occurs must be determined for the ranges of airspeed or Mach number, 
weight, and altitude for which the airplane is to be certified. The 
envelopes of load factor, speed, altitude, and weight must provide a 
sufficient range of speeds and load factors for normal operations. 
Probable inadvertent excursions beyond the boundaries of the buffet 
onset envelopes may not result in unsafe conditions.

17. SC 23.253 High Speed Characteristics

    Instead of compliance with Sec.  23.253, the following apply:
    (a) Speed increase and recovery characteristics. The following 
speed increase and recovery characteristics must be met:
    (1) Operating conditions and characteristics likely to cause 
inadvertent speed increases (including upsets in pitch and roll) must 
be simulated with the airplane trimmed at any likely cruise speed up to 
VMO / MMO. These conditions and characteristics 
include gust upsets, inadvertent control movements, low stick force 
gradient in relation to control friction, passenger movement, leveling 
off from climb, and descent from Mach to airspeed limit altitudes.
    (2) Allowing for pilot reaction time after effective inherent or 
artificial speed warning occurs, it must be shown that the airplane can 
be recovered to a normal attitude and its speed reduced to 
VMO / MMO, without:
    (i) Exceptional piloting strength or skill;
    (ii) Exceeding VD / MD, VDF / 
MDF, or the structural limitations; and
    (iii) Buffeting that would impair the pilot's ability to read the 
instruments or control the airplane for recovery.
    (3) There may be no control reversal about any axis at any speed up 
to VDF / MDF. Any reversal of elevator control 
force or tendency of the airplane to pitch, roll, or yaw must be mild 
and readily controllable, using normal piloting techniques.
    (b) Maximum speed for stability characteristics, VFC/
MFC. VFC/MFC is the maximum speed at 
which the requirements of Sec.  23.175(b)(1), special condition SC 
23.177, and 23.181 must be met with flaps and landing gear retracted. 
It may not be less than a speed midway between VMO/
MMO and VDF/MDF except that, for 
altitudes where Mach number is the limiting factor, MFC need 
not exceed the Mach number at which effective speed warning occurs.

18. SC 23.255 Out of Trim Characteristics

    In the absence of specific requirements for out-of-trim 
characteristics, apply the following:
    (a) From an initial condition with the airplane trimmed at cruise 
speeds up to VMO/MMO, the airplane must have 
satisfactory maneuvering stability and controllability with the degree 
of out-of-trim in both the airplane nose-up and nose-down directions, 
which results from the greater of the following:
    (1) A three-second movement of the longitudinal trim system at its 
normal

[[Page 4623]]

rate for the particular flight condition with no aerodynamic load (or 
an equivalent degree of trim for airplanes that do not have a power-
operated trim system), except as limited by stops in the trim system, 
including those required by Sec.  23.655(b) for adjustable stabilizers; 
or
    (2) The maximum mis-trim that can be sustained by the autopilot 
while maintaining level flight in the high speed cruising condition.
    (b) In the out-of-trim condition specified in paragraph (a) of this 
special condition, when the normal acceleration is varied from +1 g to 
the positive and negative values specified in paragraph (c) of this 
special condition, the following apply:
    (1) The stick force versus g curve must have a positive slope at 
any speed up to and including VFC/MFC; and
    (2) At speeds between VFC/MFC and 
VDF/MDF, the direction of the primary 
longitudinal control force may not reverse.
    (c) Except as provided in paragraph (d) and (e) of this special 
condition, compliance with the provisions of paragraph (a) of this 
special condition must be demonstrated in flight over the acceleration 
range as follows:
    (1) -1 g to +2.5 g; or
    (2) 0 g to 2.0 g, and extrapolating by an acceptable method to -1 g 
and +2.5 g.
    (d) If the procedure set forth in paragraph (c)(2) of this special 
condition is used to demonstrate compliance and marginal conditions 
exist during flight test with regard to reversal of primary 
longitudinal control force, flight tests must be accomplished from the 
normal acceleration at which a marginal condition is found to exist to 
the applicable limit specified in paragraph (b)(1) of this special 
condition.
    (e) During flight tests required by paragraph (a) of this special 
condition, the limit maneuvering load factors, prescribed in Sec. Sec.  
23.333(b) and 23.337, need not be exceeded. Also, the maneuvering load 
factors associated with probable inadvertent excursions beyond the 
boundaries of the buffet onset envelopes determined under SC 23.251(e), 
need not be exceeded. In addition, the entry speeds for flight test 
demonstrations at normal acceleration values less than 1 g must be 
limited to the extent necessary to accomplish a recovery without 
exceeding VDF/MDF.
    (f) In the out-of-trim condition specified in paragraph (a) of this 
special condition, it must be possible from an overspeed condition at 
VDF/MDF to produce at least 1.5 g for recovery by 
applying not more than 125 pounds of longitudinal control force using 
either the primary longitudinal control alone or the primary 
longitudinal control and the longitudinal trim system. If the 
longitudinal trim is used to assist in producing the required load 
factor, it must be shown at VDF/MDF that the 
longitudinal trim can be actuated in the airplane nose-up direction 
with the primary surface loaded to correspond to the least of the 
following airplane nose-up control forces:
    (1) The maximum control forces expected in service, as specified in 
Sec. Sec.  23.301 and 23.397.
    (2) The control force required to produce 1.5 g.
    (3) The control force corresponding to buffeting or other phenomena 
of such intensity that is a strong deterrent to further application of 
primary longitudinal control force.

19. SC 23.703 Takeoff Warning System

    Unless it can be shown that a lift or longitudinal trim device that 
affects the takeoff performance of the aircraft would not give an 
unsafe takeoff configuration when selected out of an approved takeoff 
position, a takeoff warning system must be installed and meet the 
following requirements:
    (a) The system must provide to the pilots an aural warning that is 
automatically activated during the initial portion of the takeoff roll 
if the airplane is in a configuration that would not allow a safe 
takeoff. The warning must continue until--
    (1) The configuration is changed to allow safe takeoff, or
    (2) Action is taken by the pilot to abandon the takeoff roll.
    (b) The means used to activate the system must function properly 
for all authorized takeoff power settings and procedures and throughout 
the ranges of takeoff weights, altitudes, and temperatures for which 
certification is requested.

20. SC 23.735 Brakes

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) The rejected takeoff brake kinetic energy capacity rating of 
each main wheel brake assembly must not be less than the kinetic energy 
absorption requirements determined under either of the following 
methods--
    (1) The brake kinetic energy absorption requirements must be based 
on a conservative rational analysis of the sequence of events expected 
during a rejected takeoff at the design takeoff weight.
    (2) Instead of a rational analysis, the kinetic energy absorption 
requirements for each main wheel brake assembly may be derived from the 
following formula--
[GRAPHIC] [TIFF OMITTED] TR01FE07.000

KE = Kinetic energy per wheel (ft.-lbs.);
W = Design takeoff weight (lbs.);
V = Ground speed, in knots, associated with the maximum value of 
V1 selected in accordance with SC 23.51(c)(1);
N = Number of main wheels with brakes.

21. SC 23.1323 Airspeed Indicating System

    In addition to paragraphs (a), (b), (c), and (d), the following 
apply:
    (e) In addition, the airspeed indicating system must be calibrated 
to determine the system error during the accelerate-takeoff ground run. 
The ground run calibration must be obtained between 0.8 of the minimum 
value of V1, and 1.2 times the maximum value of 
V1 considering the approved ranges of altitude and weight. 
The ground run calibration must be determined assuming an engine 
failure at the minimum value of V1.
    (f) Where duplicate airspeed indicators are required, their 
respective pitot tubes must be far enough apart to avoid damage to both 
tubes in a collision with a bird.

22. SC 23.1505 Airspeed Limitations

    Instead of compliance with Sec.  23.1505(a), the following apply:
    (a) The maximum operating limit speed (VMO/
MMO -airspeed or Mach number, whichever is critical at a 
particular altitude) is a speed that 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 operations. 
VMO/MMO must be established so that it is not 
greater than the design cruising speed VC/MC and 
so that it is sufficiently below VD/MD or 
VDF/MDF, to make it highly improbable that the 
latter speeds will be inadvertently exceeded in operations. The speed 
margin between VMO/MMO and VD/
MD or VDF/MDF may not be less than 
that determined under Sec.  23.335(b) or found necessary in the flight 
test conducted under SC 23.253.

23. SC 23.1583 Operating Limitations

    Instead of compliance with Sec.  23.1583, the following apply:
    The Airplane Flight Manual must contain operating limitations 
determined under this part 23, including the following--
    (a) Airspeed limitations. The following information must be 
furnished:

[[Page 4624]]

    (1) Information necessary for the marking of the airspeed limits on 
the indicator as required in Sec.  23.1545, and the significance of 
each of those limits and of the color coding used on the indicator.
    (2) The speeds VMC, VO, VLE, and 
VLO, if established, and their significance.
    (3) In addition, for turbine powered airplanes--
    (i) The maximum operating limit speed, VMO / 
MMO and a statement that this speed must 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;
    (ii) 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; and
    (iii) The airspeed limits must be shown in terms of VMO 
/ MMO instead of VNO and VNE.
    (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) Weight. The airplane flight manual must include--
    (1) The maximum weight; and
    (2) The maximum landing weight, if the design landing weight 
selected by the applicant is less than the maximum weight.
    (3) Not applicable.
    (4) The maximum takeoff weight for each airport altitude and 
ambient temperature within the range selected by the applicant at 
which--
    (i) The airplane complies with the climb requirements of SC 
23.63(d)(1); and
    (ii) The accelerate-stop distance determined under SC 23.55 is 
equal to the available runway length plus the length of any stopway, if 
utilized; and either:
    (iii) The takeoff distance determined under SC 23.59(a) is equal to 
the available runway length; or
    (iv) At the option of the applicant, the takeoff distance 
determined under SC 23.59(a) is equal to the available runway length 
plus the length of any clearway and the takeoff run determined under SC 
23.59(b) is equal to the available runway length.
    (5) The maximum landing weight for each airport altitude within the 
range selected by the applicant at which--
    (i) The airplane complies with the climb requirements of SC 
23.63(d)(2) for ambient temperatures within the range selected by the 
applicant; and
    (ii) The landing distance determined under SC 23.75 for standard 
temperatures is equal to the available runway length.
    (6) The maximum zero wing fuel weight, where relevant, as 
established in accordance with Sec.  23.343.
    (d) Center of gravity. The established center of gravity limits.
    (e) Maneuvers. The following authorized maneuvers, appropriate 
airspeed limitations, and unauthorized maneuvers, as prescribed in this 
section.
    (1) Not applicable.
    (2) Not applicable.
    (3) Acrobatic category airplanes. A list of approved flight 
maneuvers demonstrated in type flight tests, together with recommended 
entry speeds and any other associated limitations.
    (4) Not applicable.
    (5) Not applicable.
    (f) Maneuver load factor. The positive limit load factors in g's, 
and, in addition, the negative limit load factor for acrobatic category 
airplanes.
    (g) Minimum flight crew. The number and functions of the minimum 
flight crew determined under Sec.  23.1523.
    (h) Kinds of operation. A list of the kinds of operation to which 
the airplane is limited or from which it is prohibited under Sec.  
23.1525, and also a list of installed equipment that affects any 
operating limitation and identification as to the equipment's required 
operational status for the kinds of operation for which approval has 
been given.
    (i) Maximum operating altitude. The maximum altitude established 
under Sec.  23.1527.
    (j) Maximum passenger seating configuration. The maximum passenger 
seating configuration.
    (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 limitations on the use of airplane systems and 
equipment.
    (n) Ambient temperatures. Where appropriate, maximum and minimum 
ambient air temperatures for operation.
    (o) Smoking. Any restrictions on smoking in the airplane.
    (p) Types of surface. A statement of the types of surface on which 
operations may be conducted. (See SC 23.45(g) and SC 23.1587(a)(4) and 
(d)(4).)

24. SC 23.1585 Operating Procedures

    Instead of compliance with Sec.  23.1585, the following apply:
    (a) For all airplanes, information concerning normal, abnormal (if 
applicable), and emergency procedures and other pertinent information 
necessary for safe operation and the achievement of the scheduled 
performance must be furnished, including--
    (1) An explanation of significant or unusual flight or ground 
handling characteristics;
    (2) The maximum demonstrated values of crosswind for takeoff and 
landing, and procedures and information pertinent to operations in 
crosswinds;
    (3) A recommended speed for flight in rough air. This speed must be 
chosen to protect against the occurrence, as a result of gusts, of 
structural damage to the airplane and loss of control (for example, 
stalling);
    (4) Procedures for restarting any turbine engine in flight, 
including the effects of altitude; and
    (5) Procedures, speeds, and configuration(s) for making a normal 
approach and landing, in accordance with SC 23.73 and SC 23.75, and a 
transition to the balked landing condition.
    (6) Not applicable.
    (b) Not applicable.
    (c) In addition to paragraph (a) of this section, for all 
multiengine airplanes, the following information must be furnished:
    (1) Procedures, speeds, and configuration(s) for making an approach 
and landing with one engine inoperative;
    (2) Procedures, speeds, and configuration(s) for making a balked 
landing with one engine inoperative and the conditions under which a 
balked landing can be performed safely, or a warning against attempting 
a balked landing;
    (3) The VSSE determined in Sec.  23.149; and
    (4) Procedures for restarting any engine in flight including the 
effects of altitude.
    (d) Not applicable.
    (e) Not applicable.
    (f) In addition to paragraphs (a) and (c) of this section, the 
information must include the following:
    (1) Procedures, speeds, and configuration(s) for making a normal 
takeoff.
    (2) Procedures and speeds for carrying out an accelerate-stop in 
accordance with Sec.  23.55.
    (3) Procedures and speeds for continuing a takeoff following engine

[[Page 4625]]

failure in accordance with Sec.  23.59(a)(1) and for following the 
flight path determined under Sec.  23.57 and Sec.  23.61(a).
    (g) Information identifying each operating condition in which the 
fuel system independence prescribed in Sec.  23.953 is necessary for 
safety must be furnished, together with instructions for placing the 
fuel system in a configuration used to show compliance with that 
section.
    (h) For each airplane showing compliance with Sec.  23.1353(g)(2) 
or (g)(3), the operating procedures for disconnecting the battery from 
its charging source must be furnished.
    (i) Information on the total quantity of usable fuel for each fuel 
tank, and the effect on the usable fuel quantity, as a result of a 
failure of any pump, must be furnished.
    (j) Procedures for the safe operation of the airplane's systems and 
equipment, both in normal use and in the event of malfunction, must be 
furnished.

25. SC 23.1587 Performance Information

    Instead of compliance with Sec.  23.1587, the following apply:
    Unless otherwise prescribed, performance information must be 
provided over the altitude and temperature ranges required by SC 
23.45(b).
    (a) For all airplanes, the following information must be 
furnished--
    (1) The stalling speeds VSO and VS1 with the 
landing gear and wing flaps retracted, determined at maximum weight 
under Sec.  23.49, and the effect on these stalling speeds of angles of 
bank up to 60 degrees;
    (2) The steady rate and gradient of climb with all engines 
operating, determined under Sec.  23.69(a);
    (3) The landing distance, determined under SC 23.75 for each 
airport altitude and standard temperature, and the type of surface for 
which it is valid;
    (4) The effect on landing distances of operation on other than 
smooth hard surfaces, when dry, determined under SC 23.45(g); and
    (5) The effect on landing distances of runway slope and 50 percent 
of the headwind component and 150 percent of the tailwind component.
    (b) Not applicable.
    (c) Not applicable.
    (d) In addition to paragraph (a) of this section the following 
information must be furnished--
    (1) The accelerate-stop distance determined under SC 23.55;
    (2) The takeoff distance determined under SC 23.59(a);
    (3) At the option of the applicant, the takeoff run determined 
under SC 23.59(b);
    (4) The effect on accelerate-stop distance, takeoff distance and, 
if determined, takeoff run, of operation on other than smooth hard 
surfaces, when dry, determined under SC 23.45(g);
    (5) The effect on accelerate-stop distance, takeoff distance, and 
if determined, takeoff run, of runway slope and 50 percent of the 
headwind component and 150 percent of the tailwind component;
    (6) The net takeoff flight path determined under SC 23.61(b);
    (7) The enroute gradient of climb/descent with one engine 
inoperative, determined under Sec.  23.69(b);
    (8) The effect, on the net takeoff flight path and on the enroute 
gradient of climb/descent with one engine inoperative, of 50 percent of 
the headwind component and 150 percent of the tailwind component;
    (9) Overweight landing performance information (determined by 
extrapolation and computed for the range of weights between the maximum 
landing and maximum takeoff weights) as follows--
    (i) The maximum weight for each airport altitude and ambient 
temperature at which the airplane complies with the climb requirements 
of SC 23.63(d)(2); and
    (ii) The landing distance determined under SC 23.75 for each 
airport altitude and standard temperature.
    (10) The relationship between IAS and CAS determined in accordance 
with Sec.  23.1323(b) and (c).
    (11) The altimeter system calibration required by Sec.  23.1325(e).

    Issued in Kansas City, Missouri on January 24, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
 [FR Doc. E7-1609 Filed 1-31-07; 8:45 am]
BILLING CODE 4910-13-P