[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 31969-31971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11152]



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  Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules 
and Regulations  

[[Page 31969]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE254; Special Conditions No. 23-194-SC]


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued 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 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.

DATES: Effective Date: May 29, 2007.

FOR FURTHER INFORMATION CONTACT: 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: 

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 seeks 
certification of 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.
    The FAA did not intend 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.

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

[[Page 31970]]

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.

Discussion

    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 appears to allow 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.

Discussion of Comments

    A notice of proposed special conditions No. 23-06-06-SC for the 
Aviation Technology Group (ATG), Inc.; Javelin Model 100 series 
airplanes was published in the Federal Register on February 1, 2007 (72 
FR 4661). No comments were received, and the special conditions are 
adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Aviation Technology Group (ATG), Inc.; Javelin Model 100 Series 
airplane. Should Aviation Technology Group apply at a later date for a 
change to the type certificate to include another model on the same 
type certificate incorporating the same novel or unusual design 
feature, the special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of airplane. It is not a rule of general 
applicability.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704; 14 CFR 
21.16 and 21.17 and 14 CFR 11.38 and 11.19.

The Special Conditions

0
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 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 adopts 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)(6). 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) If the applicant demonstrates that it is impossible 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, the airplane is 
considered to meet the requirements of paragraph (c)(1) of this SC. The 
demonstration must be conducted in accordance with the following--
    (i) Reduce the airplane speed using pitch control at a rate of 
approximately 1 knot per second until the pitch control reaches the 
stop; then, with the pitch control pulled back and held against the 
stop, apply full rudder control in a manner to promote spin entry for a 
period of 7 seconds or through a 360 degree heading change, whichever 
occurs first. If the 360 degree heading change is reached first, it 
must have taken no fewer than 4 seconds. This maneuver must be 
performed first with the ailerons in the neutral position, and then 
with the ailerons deflected opposite the direction of turn in the most 
adverse manner.
    (ii) Power must be set in accordance with Sec.  23.201(e)(4) 
without change during the maneuver. At the end of 7 seconds or a 360 
degree heading change, the airplane must respond immediately and 
normally to primary flight controls applied to regain coordinated, 
unstalled flight without reversal of control effect and without 
exceeding the temporary control forces specified by Sec.  23.143(c).
    We believe that the above special condition, which replaces Sec.  
23.221(c) in its entirety, provides the level of safety established for 
a part 23 airplane certificated in the acrobatic category.


[[Page 31971]]


    Issued in Kansas City, Missouri on May 29, 2007.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-11152 Filed 6-8-07; 8:45 am]
BILLING CODE 4910-13-P