[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Proposed Rules]
[Pages 4661-4663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1610]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE254; Notice No. 23-06-06-SC]


Special Conditions: Aviation Technology Group (ATG), Inc.; 
Javelin Model 100 Series Airplane; Acrobatic Spins

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This notice proposes special conditions for the Aviation 
Technology Group (ATG) Javelin Model 100 Series airplane. This airplane 
will have a novel or unusual design feature(s) associated with 
acrobatic spin recovery requirements. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These proposed special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards applicable to these airplanes.

DATES: Comments must be received on or before March 5, 2007.

ADDRESSES: Comments on these proposed special conditions may be mailed 
in duplicate to: Federal Aviation Administration, Regional Counsel, 
ACE-7, Attention: Rules Docket CE254, 901 Locust, Room 506, Kansas 
City, Missouri 64106; or delivered in duplicate to the Regional Counsel 
at the above address. Comments must be marked: CE254. 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:

Comments Invited

    Interested persons are invited to participate in the making of 
these proposed special conditions by submitting 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 proposals described in this notice 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. Persons wishing the FAA to acknowledge receipt of their 
comments submitted in response to this notice must include with those 
comments a self-addressed, stamped postcard on

[[Page 4662]]

which the following statement is made: ``Comments to Docket No. 
CE254.'' 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 airplane. ATG intends to 
certificate the Javelin in both utility and acrobatic categories. The 
preliminary design includes the following features:
     Two-place, tandem configuration.
     Maximum takeoff weight of approximately 6,900 pounds.
     Design cruise speed of 500 knots calibrated airspeed.
     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 electronic displays, 
autopilot, and flight management system.
    Title 14 CFR, part 23, Sec.  23.221 contains spin requirements for 
normal, utility, and acrobatic category airplanes. When part 3 of the 
Civil Air Regulations was recodified in 1965 as 14 CFR, part 23, spin 
requirements for acrobatic category airplanes were presented in Sec.  
23.221(c). Since 1965, the spin requirements in Sec.  23.221(c) have 
been amended three times.
    The original version of Sec.  23.221(c) required an acrobatic 
category airplane to perform spins of at least six turns and recover 
without exceeding an airspeed limit or positive load factor limit. 
Spins were required for flaps-up configuration and flaps-down 
configuration. In addition, the airplane could not enter an 
uncontrollable spin with any use of the controls.
    Amendment 23-7 revised the presentation of the acrobatic category 
spin requirements and revised the minimum turn requirement to six turns 
or three seconds, whichever takes longer. Amendment 23-42 revised Sec.  
23.221(c)(3) and clarified the term ``controls'' in the previous 
version of the rule by identifying flight controls and engine controls. 
It also clarified that the use of the controls could be at spin entry 
or during the spin. Neither of these two amendments changed the basic 
acrobatic category spin requirements.
    In July 1994, the FAA proposed changes to the flight airworthiness 
standards for normal, utility, acrobatic, and commuter category 
airplanes. The proposals arose from the joint effort of the FAA and the 
European Joint Aviation Authorities (JAA) to harmonize 14 CFR 
regulations and the Joint Aviation Requirements (JAR). The proposed 
changes were intended to provide nearly uniform flight airworthiness 
standards for airplanes certificated in the United States under 14 CFR, 
part 23 and in the JAA countries under JAR 23.
    Proposed changes to the introductory paragraph of Sec.  23.221(c) 
required acrobatic category airplanes to meet the one-turn spin 
requirements of Sec.  23.221(a) as well as the emergency egress 
requirements of Sec.  23.807, and to meet the spin requirements of 
Sec. Sec.  23.221(c)(1) through (4) in each configuration approved for 
spins. The addition of normal category spin requirements was necessary 
because acrobatic category airplanes should have sufficient 
controllability to recover from the developing one-turn spin under the 
same conditions as normal category airplanes. The configuration 
requirement was added to recognize the common practice of approving 
intentional spins only for a specific configuration (e.g, gear and 
flaps up). The proposed changes were incorporated into the rule by 
Amendment 23-50.
    There was never any discussion or intent by the FAA or JAA to 
approve an acrobatic category airplane that met only the normal 
category spin requirements. The assumption has always been that an 
inadvertent spin could result during the performance of a variety of 
acrobatic maneuvers.

FAA Position

    Title 14 CFR, part 23, Sec.  23.221(c), as amended by Amendment 23-
50, presents acrobatic category airplane spin requirements. As the rule 
is currently written, the acrobatic category airplane must comply with 
normal category spin requirements, acrobatic category emergency egress 
requirements in Sec.  23.807, and acrobatic spin requirements for each 
configuration requested for spin approval.
    ATG proposes to prohibit intentional spins and requests that no 
configuration be approved for spins. This proposal leads to an 
acrobatic category airplane that meets only normal category spin 
requirements. This proposal is unacceptable since the FAA has always 
maintained that an acrobatic category airplane must comply with 
acrobatic category spin requirements despite the wording in the current 
rule. The rule's history, coupled with preamble information for 
Amendment 23-50, reveals that the rule was changed to add the normal 
category spin requirements and to accommodate an applicant's desire to 
comply with the acrobatic spin requirements for at least one 
configuration, but not necessarily all configurations.

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.
    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.

Novel or Unusual Design Features

    The ATG Model 100 will incorporate the following novel or unusual 
design features: High thrust-to-weight ratio, military training jet 
configuration with a higher fuselage mass compared to typical part 23 
acrobatic airplanes.

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.

Conclusion

    This action affects only certain novel or unusual design features 
on the 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.

[[Page 4663]]

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 
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the ATG Model 100 airplanes.
    Title 14 CFR, part 23, Sec.  23.221(c) as amended by Amendment 23-
50 presents acrobatic category airplane spin requirements. As the rule 
is currently written, the acrobatic category airplane must comply with 
normal category spin requirements, acrobatic category emergency egress 
requirements in Sec.  23.807, and acrobatic spin requirements for each 
configuration requested for spin approval.
    ATG proposes to prohibit intentional spins and requests that no 
configuration be approved for spins. This proposal leads to an 
acrobatic category airplane that meets only normal category spin 
requirements. This proposal is unacceptable since the FAA has always 
maintained that an acrobatic category airplane must comply with 
acrobatic category spin requirements despite the wording in the current 
rule. The rule's history coupled with preamble information for 
Amendment 23-50 reveals that the rule was changed to add the normal 
category spin requirements and to accommodate an applicant's desire to 
comply with the acrobatic spin requirements for at least one 
configuration, but not necessarily all configurations.
    Since the wording of the current rule combined with ATG's proposal 
does not provide the level of safety envisioned for an acrobatic 
category airplane, the FAA proposes the following special condition 
under the authority of 14 CFR, part 21, Sec.  21.16 to replace Sec.  
23.221(c) in its entirety:

SC 23.221 Spinning

    (c) Acrobatic category airplanes. An acrobatic category airplane 
must meet the spin requirements of paragraph (a) of this section and 
Sec.  23.807(b)(5). In addition, the following requirements must be met 
in an applicant-designated acrobatic configuration, and in each other 
configuration for which approval for spinning is requested:
    (1) The airplane must recover from any point in a spin up to and 
including six turns, or any greater number of turns for which 
certification is requested, in not more than one and one-half 
additional turns after initiation of the first control action for 
recovery. However, beyond three turns, the spin may be discontinued if 
spiral characteristics appear.
    (2) The applicable airspeed limits and limit maneuvering load 
factors must not be exceeded. For flaps extended configurations for 
which approval is requested, the flaps must not be retracted during the 
recovery.
    (3) It must be impossible to obtain unrecoverable spins with any 
use of the flight or engine power controls either at the entry into or 
during the spin.
    (4) There must be no characteristics during the spin (such as 
excessive rates of rotation or extreme oscillatory motion) that might 
prevent a successful recovery due to disorientation or incapacitation 
of the pilot.
    (5) The airplane is considered to meet the requirements of 
paragraph (c) of this special condition with a specific demonstration. 
The applicant must demonstrate that it is extremely remote for the 
airplane in the applicant-designated acrobatic configuration, and in 
each other configuration for which approval for spinning is requested, 
to enter a spin with any use of the flight or engine power controls, 
either at or after entry into the stall maneuver.

    Issued in Kansas City, Missouri on January 24, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-1610 Filed 1-31-07; 8:45 am]
BILLING CODE 4910-13-P