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15036 Federal Register / Vol. 72, No.

61 / Friday, March 30, 2007 / Rules and Regulations

or any other applicable laws or Service, Small Airplane Directorate, Special conditions are initially
regulations or the need to comply with ACE–111, 901 Locust, Room 301, applicable to the model for which they
applicable food and sanitary regulations Kansas City, Missouri, 816–329–4125, are issued. Should the type certificate
of city, county, State or Federal fax 816–329–4090. for that model be amended later to
agencies. SUPPLEMENTARY INFORMATION: The final include any other model that
Dated: March 26, 2007. special conditions with a request for incorporates the same novel or unusual
Lloyd C. Day, comments were published on February design feature, the special conditions
1, 2007 (72 FR 4618). No comments would also apply to the other model
Administrator, Agricultural Marketing
Service. were received. These amended final under the provisions of § 21.101(a)(1).
special conditions remove requirement In addition to the applicable
[FR Doc. 07–1557 Filed 3–27–07; 10:50 am]
language that is not necessary for jet airworthiness regulations and special
airplanes. conditions, the Model 100 must comply
with the part 23 fuel vent and exhaust
Background emission requirements of 14 CFR, part
DEPARTMENT OF TRANSPORTATION On February 15, 2005, Aviation 34 and the part 23 noise certification
Technology Group (ATG); 8001 South requirements of 14 CFR, part 36; and the
Federal Aviation Administration InterPort Boulevard, Suite 310; FAA must issue a finding of regulatory
Englewood, Colorado 80112–5951, adequacy pursuant to § 611 of Public
14 CFR Part 23 applied for a type certificate for their Law 92–574, the ‘‘Noise Control Act of
[Docket No. CE255; Special Conditions No. new Model 100 Javelin airplane in 1972.’’
23–195A–SC] accordance with the airworthiness
standards in 14 CFR, part 23. The Novel or Unusual Design Features
Special Conditions: Aviation Javelin is a two-place, twin engine, ATG intends to certificate the Javelin
Technology Group (ATG), Inc., Javelin turbofan-powered light jet airplane with in both utility and acrobatic categories.
Model 100 Series Airplane; Flight a planned maximum operating altitude The ATG Javelin Model 100 will
Performance, Flight Characteristics, of 45,000 feet. Part 23 regulations in incorporate the following novel or
and Operating Limitations effect on the date of ATG’s application unusual design features:
AGENCY: Federal Aviation
do not contain adequate or appropriate • Two-place, tandem configuration.
safety standards for a small, high • Maximum takeoff weight of
Administration (FAA), DOT.
performance jet airplane such as the approximately 6,900 pounds.
ACTION: Amended final special Javelin. In accordance with Small • Design cruise speed of 500 knots
conditions. Airplane Directorate policy, the safety calibrated airspeed.
SUMMARY: These amended special standards for flight performance, flight • Two Williams FJ33–4A–18M
conditions are issued for the Aviation characteristics and operational turbofan engines with dual channel
Technology Group (ATG), Inc., Javelin limitations that the Federal Aviation FADEC controls.
Model 100 Series airplane. This is an Administration (FAA) finds necessary to • Major airframe components
amendment to special condition 23– establish an acceptable level of safety constructed of carbon fiber composite
195–SC, which was published on for this type of airplane are presented in materials.
February 1, 2007 (72 FR 4618), for this special condition. • Hydraulically boosted flight control
Final special conditions with request system with floor-mounted control
certain novel or unusual design features
for comments were issued on January sticks.
associated with engine location, certain
24, 2007, and were published on • Integrated avionics including
performance, flight characteristics and
February 1, 2007. The comment period Avidyne displays, autopilot, and flight
operating limitations. The original final
closed March 5, 2007, and no comments management system.
special conditions were more generic
were received. However, the original Novel features on the ATG Model 100
and contained requirement language
issue contained requirement language include rear mounted turbine engines
that was not necessary for jet airplanes.
that is not necessary for jet airplanes, embedded in the fuselage, boosted
This amendment also corrects several
and this amendment removes that controls, and high-speed, high-altitude
references to part 23 sections to be
language. acrobatic capability.
consistent with these special conditions.
This airplane will have a novel or Type Certification Basis Applicability
unusual design feature(s) associated Under the provisions of 14 CFR, part As discussed above, these special
with engine location, certain 21, § 21.17, ATG must show that the conditions are applicable to the ATG
performance, flight characteristics and Model 100 meets the applicable Model 100 series. Should ATG apply at
operating limitations necessary for this provisions of part 23, as amended by a later date for a change to the type
type of airplane. The applicable Amendment 23–1 through 23–55 certificate to include another model
airworthiness regulations do not contain thereto. If the Administrator finds that incorporating the same novel or unusual
adequate or appropriate safety standards the applicable airworthiness regulations design feature, the special conditions
for this design feature. These special (i.e., 14 CFR, part 23) do not contain would apply to that model as well
conditions contain the additional safety adequate or appropriate safety standards under the provisions of § 21.101(a)(1).
standards that the Administrator for the ATG Model 100 series because
considers necessary to establish a level of a novel or unusual design feature, Conclusion
of safety equivalent to airworthiness special conditions are prescribed under This action affects only certain novel
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standards applicable to these airplanes. the provisions of § 21.16. or unusual design features on ATG
DATES: The effective date of these Special conditions, as appropriate, as Model 100 series airplanes. It is not a
special conditions is March 23, 2007. defined in § 11.19, are issued in rule of general applicability and affects
FOR FURTHER INFORMATION CONTACT: J. accordance with § 11.38, and become only the applicant who applied to the
Lowell Foster, Federal Aviation part of the type certification basis in FAA for approval of these features on
Administration, Aircraft Certification accordance with § 21.17(a)(2). the airplane.

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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15037

The substance of these special (1) Airport altitudes from sea level to (3) Unless otherwise prescribed, in
conditions has been subjected to the 10,000 feet; and determining the critical-engine-
notice and comment period in several (2) Temperature from standard to 30° inoperative takeoff performance, takeoff
prior instances and has been derived C above standard, or the maximum flight path, and accelerate-stop distance,
without substantive change from those ambient atmospheric temperature at changes in the airplane’s configuration,
previously issued. It is unlikely that which compliance with the cooling speed, and power must be made in
prior public comment would result in a provisions of § 23.1041 to § 23.1047 is accordance with procedures established
significant change from the substance shown, if lower. by the applicant for operation in service.
contained herein. For this reason, the (c) Performance data must be (4) Procedures for the execution of
FAA has determined that prior public determined with the cowl flaps or other discontinued approaches and balked
notice and comment are unnecessary means for controlling the engine cooling landings associated with the conditions
and impracticable, and good cause air supply in the position used in the prescribed in SC 23.67(c)(4) and SC
exists for adopting these special cooling tests required by § 23.1041 to 23.77(c) must be established.
conditions upon issuance. The FAA is § 23.1047. (5) The procedures established under
requesting comments to allow interested (d) The available propulsive thrust paragraphs (h)(3) and (h)(4) of this
persons to submit views that may not must correspond to engine power, not section must—
have been submitted in response to the exceeding the approved power, less— (i) Be able to be consistently executed
prior opportunities for comment (1) Installation losses; and by a crew of average skill in
described above. (2) The power absorbed by the atmospheric conditions reasonably
accessories and services appropriate to expected to be encountered in service;
List of Subjects in 14 CFR Part 23 the particular ambient atmospheric (ii) Use methods or devices that are
Aircraft, Aviation safety, Signs and conditions and the particular flight safe and reliable; and
symbols. condition. (iii) Include allowance for any
(e) The performance, as affected by reasonably expected time delays in the
Citation engine power or thrust, must be based execution of the procedures.
The authority citation for these on a relative humidity:
(1) Of 80 percent at and below 2. SC 23.51 Takeoff Speeds
special conditions is as follows:
standard temperature; and Instead of compliance with § 23.51,
Authority: 49 U.S.C. 106(g), 40113 and (2) From 80 percent, at the standard the following apply:
44701; 14 CFR 21.16 and 14 CFR 11.38 and temperature, varying linearly down to
(a) Not applicable.
34 percent at the standard temperature (b) Not applicable.
The Special Conditions plus 50 °F. (c) The following apply:
(f) Unless otherwise prescribed, in (l) V1 must be established in relation
Several 14 CFR, part 23 paragraphs
determining the takeoff and landing to VEF as follows:
have been replaced by or supplemented
distances, changes in the airplane’s (i) VEF is the calibrated airspeed at
with special conditions. These special
configuration, speed, and power must which the critical engine is assumed to
conditions have been numbered to
be made in accordance with procedures fail. VEF must be selected by the
match the 14 CFR, part 23 paragraphs
established by the applicant for applicant but must not be less than 1.05
they replace or supplement.
operation in service. These procedures VMC determined under § 23.149(b) or, at
Additionally, many of the other
must be able to be executed consistently the option of the applicant, not less than
applicable part 23 paragraphs cross-
by pilots of average skill in atmospheric VMCG determined under § 23.149(f).
reference paragraphs that are replaced (ii) The takeoff decision speed, V1, is
conditions reasonably expected to be
by or supplemented with special the calibrated airspeed on the ground at
encountered in service.
conditions. It is implied that the special (g) The following, as applicable, must which, as a result of engine failure or
conditions associated with these be determined on a smooth, dry, hard- other reasons, the pilot is assumed to
paragraphs must be applied. This surfaced runway— have made a decision to continue or
principal applies to all part 23 (1) Not applicable; discontinue the takeoff. The takeoff
paragraphs that cross-reference (2) Accelerate-stop distance of SC decision speed, V1, must be selected by
paragraphs associated with special 23.55; the applicant but must not be less than
conditions. (3) Takeoff distance and takeoff run of VEF plus the speed gained with the
Accordingly, pursuant to the SC 23.59; and critical engine inoperative during the
authority delegated to me by the (4) Landing distance of SC 23.75. time interval between the instant at
Administrator, the following special Note: The effect on these distances of which the critical engine is failed and
conditions are issued as part of the type operation on other types of surfaces (for the instant at which the pilot recognizes
certification basis for the ATG Model example, grass, gravel) when dry, may be and reacts to the engine failure, as
100 series airplanes. determined or derived and these surfaces indicated by the pilot’s application of
listed in the Airplane Flight Manual in the first retarding means during the
1. SC 23.45 General accordance with SC 23.1583(p).
accelerate-stop determination of SC
Instead of compliance with § 23.45, (h) The following also apply: 23.55.
the following apply: (1) Unless otherwise prescribed, the (2) The rotation speed, VR, in terms of
(a) Unless otherwise prescribed, the applicant must select the takeoff, calibrated airspeed, must be selected by
performance requirements of this part enroute, approach, and landing the applicant and must not be less than
must be met for— configurations for the airplane. the greatest of the following:
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(1) Still air and standard atmosphere; (2) The airplane configuration may (i) V1;
and vary with weight, altitude, and (ii) 1.05 VMC determined under
(2) Ambient atmospheric conditions. temperature, to the extent that they are § 23.149(b);
(b) Performance data must be compatible with the operating (iii) 1.10 VS1; or
determined over not less than the procedures required by paragraph (h)(3) (iv) The speed that allows attaining
following ranges of conditions— of this section. the initial climb-out speed, V2, before

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15038 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations

reaching a height of 35 feet above the (2) Is used so that consistent results assumed constant throughout each
takeoff surface in accordance with SC can be expected under normal operating segment and must correspond to the
23.57(c)(2). conditions; and most critical condition prevailing in the
(3) For any given set of conditions, (3) Is such that exceptional skill is not segment; and
such as weight, altitude, temperature, required to control the airplane. (3) The takeoff flight path must be
and configuration, a single value of VR 5. SC 23.57 Takeoff Path based on the airplane’s performance
must be used to show compliance with without utilizing ground effect.
both the one-engine-inoperative takeoff Instead of compliance with § 23.57,
the following apply: 6. SC 23.59 Takeoff Distance and
and all-engines-operating takeoff
The takeoff path is as follows: Takeoff Run
(4) The takeoff safety speed, V2, in (a) The takeoff path extends from a Instead of compliance with § 23.59,
terms of calibrated airspeed, must be standing start to a point in the takeoff the following apply:
selected by the applicant so as to allow at which the airplane is 1,500 feet above The takeoff distance and, at the option
the gradient of climb required in SC the takeoff surface at or below which of the applicant, the takeoff run, must be
23.67(c)(1) and (c)(2) but must not be height the transition from the takeoff to determined.
less than 1.10 VMC or less than 1.20 VS1. the enroute configuration must be (a) Takeoff distance is the greater of—
(5) The one-engine-inoperative takeoff completed; and (1) The horizontal distance along the
distance, using a normal rotation rate at (1) The takeoff path must be based on takeoff path from the start of the takeoff
a speed 5 knots less than VR, established the procedures prescribed in SC 23.45; to the point at which the airplane is 35
(2) The airplane must be accelerated feet above the takeoff surface as
in accordance with paragraph (c)(2) of
on the ground to VEF at which point the determined under SC 23.57; or
this section, must be shown not to
exceed the corresponding one-engine- critical engine must be made (2) With all engines operating, 115
inoperative takeoff distance, determined inoperative and remain inoperative for percent of the horizontal distance from
in accordance with SC 23.57 and SC the rest of the takeoff; and the start of the takeoff to the point at
(3) After reaching VEF, the airplane
23.59(a)(1), using the established VR. which the airplane is 35 feet above the
must be accelerated to V2.
The takeoff, otherwise performed in takeoff surface, determined by a
(b) During the acceleration to speed
accordance with SC 23.57, must be procedure consistent with SC 23.57.
V2, the nose gear may be raised off the
continued safely from the point at (b) If the takeoff distance includes a
ground at a speed not less than VR.
which the airplane is 35 feet above the clearway, the takeoff run is the greater
However, landing gear retraction must
takeoff surface and at a speed not less of—
not be initiated until the airplane is
than the established V2 minus 5 knots. (1) The horizontal distance along the
(6) The applicant must show, with all (c) During the takeoff path takeoff path from the start of the takeoff
engines operating, that marked increases determination, in accordance with to a point equidistant between the liftoff
in the scheduled takeoff distances, paragraphs (a) and (b) of this section— point and the point at which the
determined in accordance with SC (1) The slope of the airborne part of airplane is 35 feet above the takeoff
23.59(a)(2), do not result from over- the takeoff path must not be negative at surface as determined under SC 23.57;
rotation of the airplane or out-of-trim any point; or
conditions. (2) The airplane must reach V2 before (2) With all engines operating, 115
it is 35 feet above the takeoff surface, percent of the horizontal distance from
3. SC 23.53 Takeoff Performance
and must continue at a speed as close the start of the takeoff to a point
Instead of compliance with § 23.53, as practical to, but not less than V2, equidistant between the liftoff point and
the following apply: until it is 400 feet above the takeoff the point at which the airplane is 35 feet
(a) Not applicable. surface; above the takeoff surface, determined by
(b) Not applicable. (3) At each point along the takeoff a procedure consistent with SC 23.57.
(c) Takeoff performance, as required path, starting at the point at which the 7. SC 23.61 Takeoff Flight Path
by SC 23.55 through SC 23.59, must be airplane reaches 400 feet above the
determined with the operating engine(s) takeoff surface, the available gradient of Instead of compliance with § 23.61,
within approved operating limitations. climb must not be less than 1.2 percent the following apply:
for two-engine airplanes; and The takeoff flight path must be
4. SC 23.55 Accelerate-Stop Distance
(4) Except for gear retraction and determined as follows:
Instead of compliance with § 23.55, automatic propeller feathering, the (a) The takeoff flight path begins 35
the following apply: airplane configuration must not be feet above the takeoff surface at the end
The accelerate-stop distance must be changed, and no change in power that of the takeoff distance determined in
determined as follows: requires action by the pilot may be accordance with SC 23.59.
(a) The accelerate-stop distance is the made, until the airplane is 400 feet (b) The net takeoff flight path data
sum of the distances necessary to— above the takeoff surface. must be determined so that they
(1) Accelerate the airplane from a (d) The takeoff path to 35 feet above represent the actual takeoff flight paths,
standing start to VEF with all engines the takeoff surface must be determined as determined in accordance with SC
operating; by a continuous demonstrated takeoff. 23.57 and with paragraph (a) of this
(2) Accelerate the airplane from VEF to (e) The takeoff path from 35 feet above section, reduced at each point by a
V1, assuming the critical engine fails at the takeoff surface must be determined gradient of climb equal to 0.8 percent
VEF; and by synthesis from segments; and for two-engine airplanes.
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(3) Come to a full stop from the point (1) The segments must be clearly (c) The prescribed reduction in climb
at which V1 is reached. defined and must be related to distinct gradient may be applied as an
(b) Means other than wheel brakes changes in configuration, power, and equivalent reduction in acceleration
may be used to determine the speed; along that part of the takeoff flight path
accelerate-stop distances if that means— (2) The weight of the airplane, the at which the airplane is accelerated in
(1) Is safe and reliable; configuration, and the power must be level flight.

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8. SC 23.63 Climb: General appropriate, must be not less than 1.2 maximum continuous power, and at
Instead of compliance with § 23.63, percent for two-engine airplanes with— speeds from 1.2 VS1 up to VFE, VLE, or
the following apply: (i) The critical engine inoperative; VFC/MFC (as appropriate). The angle of
(a) Compliance with the requirements (ii) The remaining engine(s) at not sideslip for these tests must be
of §§ 23.65, SC 23.67, 23.69, and SC more than maximum continuous power; appropriate to the type of airplane. At
(iii) The landing gear retracted; larger angles of sideslip, up to that at
23.77 must be shown—
(iv) The wing flaps retracted; and which full rudder is used or a control
(1) Out of ground effect; and
(v) A climb speed not less than 1.2 force limit in § 23.143 is reached,
(2) At speeds that are not less than
VS1. whichever occurs first, and at speeds
those at which compliance with the
(4) Discontinued approach. The from 1.2 VS1 to VO, the rudder pedal
powerplant cooling requirements of
steady gradient of climb at an altitude force must not reverse.
§§ 23.1041 to 23.1047 has been
of 400 feet above the landing surface (b) The static lateral stability, as
demonstrated; and
must be not less than 2.1 percent for shown by the tendency to raise the low
(3) Unless otherwise specified, with
two-engine airplanes with— wing in a sideslip, must be positive for
one engine inoperative, at a bank angle
(i) The critical engine inoperative; all landing gear and flap positions. This
not exceeding 5 degrees. (ii) The remaining engine(s) at takeoff
(b) Not applicable. must be shown with symmetrical power
power; up to 75 percent of maximum
(c) Not applicable. (iii) Landing gear retracted;
(d) Compliance must be shown at continuous power at speeds above 1.2
(iv) Wing flaps in the approach VS1 in the takeoff configuration(s) and at
weights as a function of airport altitude position(s) in which VS1 for these
and ambient temperature within the speeds above 1.3 VS1 in other
position(s) does not exceed 110 percent configurations, up to VFE, VLE, or VFC/
operational limits established for takeoff of the VS1 for the related all-engines-
and landing, respectively, with— MFC (as appropriate) for the
operating landing position(s); and configuration being investigated, in the
(1) SC 23.67(c)(1), SC 23.67(c)(2), and (v) A climb speed established in
SC 23.67(c)(3) for takeoff; and takeoff, climb, cruise, and approach
connection with normal landing configurations. For the landing
(2) SC 23.67(c)(3), SC 23.67(c)(4), and procedures but not exceeding 1.5 VS1.
SC 23.77(c) for landing. configuration, the power must be that
11. SC 23.73 Reference Landing necessary to maintain a 3 degree angle
9. SC 23.66 Takeoff Climb: One- Approach Speed of descent in coordinated flight. The
Engine Inoperative static lateral stability must not be
Instead of compliance with § 23.73, negative at 1.2 VS1 in the takeoff
Instead of compliance with § 23.66, the following apply:
see SC 23.67. configuration, or at 1.3 VS1 in other
(a) Not applicable. configurations. The angle of sideslip for
10. SC 23.67 Climb: One Engine (b) Not applicable.
these tests must be appropriate to the
Inoperative (c) The reference landing approach
type of airplane, but in no case may the
speed, VREF, must not be less than the
Instead of compliance with § 23.67, constant heading sideslip angle be less
greater of 1.05 VMC, determined in
the following apply: than that obtainable with a 10 degree
§ 23.149(c), and 1.3 VSO.
(a) Not applicable. bank or, if less, the maximum bank
(b) Not applicable. 12. SC 23.77 Balked Landing angle obtainable with full rudder
(c) The following apply: Instead of compliance with § 23.77, deflection or 150 pound rudder force.
(1) Takeoff; landing gear extended. the following apply: (c) Paragraph (b) of this section does
The steady gradient of climb at the (a) Not applicable. not apply to acrobatic category airplanes
altitude of the takeoff surface must be (b) Not applicable. certificated for inverted flight.
measurably positive for two-engine (c) Each airplane must be able to (d) In straight, steady slips at 1.2 VS1
airplanes with— maintain a steady gradient of climb of for any landing gear and flap positions,
(i) The critical engine inoperative; at least 3.2 percent with— and for any symmetrical power
(ii) The remaining engine(s) at takeoff (1) Not more than the power that is conditions up to 50 percent of
power; available on each engine eight seconds maximum continuous power, the
(iii) The landing gear extended, and after initiation of movement of the aileron and rudder control movements
all landing gear doors open; power controls from the minimum flight and forces must increase steadily, but
(iv) The wing flaps in the takeoff idle position; not necessarily in constant proportion,
position(s); (2) Landing gear extended; as the angle of sideslip is increased up
(v) The wings level; and (3) Wing flaps in the landing position; to the maximum appropriate to the type
(vi) A climb speed equal to V2. and of airplane. At larger slip angles, up to
(2) Takeoff; landing gear retracted. (4) A climb speed equal to VREF, as the angle at which the full rudder or
The steady gradient of climb at an defined in SC 23.73(c). aileron control is used or a control force
altitude of 400 feet above the takeoff limit contained in § 23.143 is reached,
surface must be not less than 2.0 percent 13. SC 23.177 Static Directional and the aileron and rudder control
of two-engine airplanes with— Lateral Stability movements and forces must not reverse
(i) The critical engine inoperative; Instead of compliance with § 23.177, as the angle of sideslip is increased.
(ii) The remaining engine(s) at takeoff the following apply: Rapid entry into, and recovery from, a
power; (a) The static directional stability, as maximum sideslip considered
(iii) The landing gear retracted; shown by the tendency to recover from appropriate for the airplane must not
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(iv) The wing flaps in the takeoff a wings-level sideslip with the rudder result in uncontrollable flight
position(s); free, must be positive for any landing characteristics.
(v) A climb speed equal to V2. gear and flap position appropriate to the
14. SC 23.201(e) Wings Level Stall
(3) Enroute. The steady gradient of takeoff, climb, cruise, approach, and
climb at an altitude of 1,500 feet above landing configurations. This must be Instead of compliance with
the takeoff or landing surface, as shown with symmetrical power up to § 23.201(e), the following apply:

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15040 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations

(e) Compliance with the requirements speed up to VMO/MMO, except that stall need not exceed the Mach number at
of this section must be shown under the warning buffeting is allowable. which effective speed warning occurs.
following conditions: (e) With the airplane in the cruise
18. SC 23.255 Out of Trim
(1) The flaps, landing gear, and configuration, the positive maneuvering
speedbrakes in any likely combination load factors at which the onset of
of positions and altitudes appropriate perceptible buffeting occurs must be In the absence of specific
for the various positions. determined for the ranges of airspeed or requirements for out-of-trim
(2) Thrust— Mach number, weight, and altitude for characteristics, apply the following:
(i) Idle; and which the airplane is to be certified. The (a) From an initial condition with the
(ii) The thrust necessary to maintain envelopes of load factor, speed, altitude, airplane trimmed at cruise speeds up to
level flight at 1.6 VS1 (where VS1 and weight must provide a sufficient VMO/MMO, the airplane must have
corresponds to the stalling speed with range of speeds and load factors for satisfactory maneuvering stability and
flaps in the approach position, the normal operations. Probable inadvertent controllability with the degree of out-of-
landing gear retracted, and maximum excursions beyond the boundaries of the trim in both the airplane nose-up and
landing weight). buffet onset envelopes may not result in nose-down directions, which results
(3) Trim at 1.4 VS1 or the minimum unsafe conditions. from the greater of the following:
trim speed, whichever is higher. (1) A three-second movement of the
17. SC 23.253 High Speed longitudinal trim system at its normal
15. SC 23.203(c) Turning Flight and Characteristics rate for the particular flight condition
Accelerated Turning Stalls with no aerodynamic load (or an
Instead of compliance with § 23.253,
Instead of compliance with the following apply: equivalent degree of trim for airplanes
§ 23.203(c), the following apply: (a) Speed increase and recovery that do not have a power-operated trim
(c) Compliance with the requirements characteristics. The following speed system), except as limited by stops in
of this section must be shown under the increase and recovery characteristics the trim system, including those
following conditions: must be met: required by § 23.655(b) for adjustable
(1) The flaps, landing gear, and (1) Operating conditions and stabilizers; or
speedbrakes in any likely combination characteristics likely to cause (2) The maximum mis-trim that can
of positions and altitudes appropriate inadvertent speed increases (including be sustained by the autopilot while
for the various positions. upsets in pitch and roll) must be maintaining level flight in the high
(2) Thrust— speed cruising condition.
simulated with the airplane trimmed at
(i) Idle; and (b) In the out-of-trim condition
any likely cruise speed up to VMO/MMO.
(ii) The thrust necessary to maintain specified in paragraph (a) of this special
These conditions and characteristics
level flight at 1.6 VS1 (where VS1 condition, when the normal acceleration
include gust upsets, inadvertent control
corresponds to the stalling speed with is varied from +1 g to the positive and
movements, low stick force gradient in
flaps in the approach position, the negative values specified in paragraph
relation to control friction, passenger
landing gear retracted, and maximum (c) of this special condition, the
movement, leveling off from climb, and
landing weight). following apply:
(3) Trim at 1.4 VS1 or the minimum descent from Mach to airspeed limit
(1) The stick force versus g curve must
trim speed, whichever is higher. altitudes.
have a positive slope at any speed up to
(2) Allowing for pilot reaction time
16. SC 23.251 Vibration and Buffeting and including VFC/MFC; and
after effective inherent or artificial (2) At speeds between VFC/MFC and
Instead of compliance with § 23.251, speed warning occurs, it must be shown VDF/MDF, the direction of the primary
the following apply: that the airplane can be recovered to a longitudinal control force may not
(a) The airplane must be normal altitude and its speed reduced to reverse.
demonstrated in flight to be free from VMO/MMO, without: (c) Except as provided in paragraph
any vibration and buffeting that would (i) Exceptional piloting strength or (d) and (e) of this special condition,
prevent continued safe flight in any skill; compliance with the provisions of
likely operating condition. (ii) Exceeding VD/MD, VDF/MDF, or the paragraph (a) of this special condition
(b) Each part of the airplane must be structural limitations; and must be demonstrated in flight over the
shown in flight to be free from excessive (iii) Buffeting that would impair the acceleration range as follows:
vibration under any appropriate speed pilot’s ability to read the instruments or (1) ¥1 g to +2.5 g; or
and thrust conditions up to VDF/MDF. control the airplane for recovery. (2) 0 g to 2.0 g, and extrapolating by
The maximum speeds shown must be (3) There may be no control reversal an acceptable method to ¥1 g and +2.5
used in establishing the operating about any axis at any speed up to VDF/ g.
limitations of the airplane in accordance MDF. Any reversal of elevator control (d) If the procedure set forth in
with special condition SC 23.1505. force or tendency of the airplane to paragraph (c)(2) of this special condition
(c) Except as provided in paragraph pitch, roll, or yaw must be mild and is used to demonstrate compliance and
(d) of this special condition, there may readily controllable, using normal marginal conditions exist during flight
be no buffeting condition, in normal piloting techniques. test with regard to reversal of primary
flight, including configuration changes (b) Maximum speed for stability longitudinal control force, flight tests
during cruise, severe enough to interfere characteristics, VFC/MFC. VFC/MFC is the must be accomplished from the normal
with the control of the airplane, to cause maximum speed at which the acceleration at which a marginal
excessive fatigue to the crew, or to cause requirements of § 23.175(b)(1), special condition is found to exist to the
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structural damage. Stall warning condition SC 23.177, and 23.181 must applicable limit specified in paragraph
buffeting within these limits is be met with flaps and landing gear (b)(1) of this special condition.
allowable. retracted. It may not be less than a speed (e) During flight tests required by
(d) There may be no perceptible midway between VMO/MMO and VDF/ paragraph (a) of this special condition,
buffeting condition in the cruise MDF except that, for altitudes where the limit maneuvering load factors,
configuration in straight flight at any Mach number is the limiting factor, MFC prescribed in §§ 23.333(b) and 23.337,

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need not be exceeded. Also, the 20. SC 23.735 Brakes VDF/MDF, to make it highly improbable
maneuvering load factors associated In addition to paragraphs (a), (b), (c), that the latter speeds will be
with probable inadvertent excursions and (d), the following apply: inadvertently exceeded in operations.
beyond the boundaries of the buffet (e) The rejected takeoff brake kinetic The speed margin between VMO/MMO
onset envelopes determined under SC energy capacity rating of each main and VD/MD or VDF/MDF may not be less
23.251(e), need not be exceeded. In wheel brake assembly must not be less than that determined under § 23.335(b)
addition, the entry speeds for flight test than the kinetic energy absorption or found necessary in the flight test
demonstrations at normal acceleration requirements determined under either conducted under SC 23.253.
values less than 1 g must be limited to of the following methods— 23. SC 23.1583 Operating Limitations
the extent necessary to accomplish a (1) The brake kinetic energy
recovery without exceeding VDF/MDF. absorption requirements must be based Instead of compliance with § 23.1583,
(f) In the out-of-trim condition on a conservative rational analysis of the following apply:
specified in paragraph (a) of this special the sequence of events expected during The Airplane Flight Manual must
condition, it must be possible from an a rejected takeoff at the design takeoff contain operating limitations
overspeed condition at VDF/MDF to weight. determined under this part 23,
produce at least 1.5 g for recovery by (2) Instead of a rational analysis, the including the following—
applying not more than 125 pounds of kinetic energy absorption requirements (a) Airspeed limitations. The
longitudinal control force using either for each main wheel brake assembly following information must be
the primary longitudinal control alone may be derived from the following furnished:
or the primary longitudinal control and (1) Information necessary for the
the longitudinal trim system. If the marking of the airspeed limits on the
longitudinal trim is used to assist in indicator as required in § 23.1545, and
producing the required load factor, it the significance of each of those limits
must be shown at VDF/MDF that the and of the color coding used on the
longitudinal trim can be actuated in the Where: indicator.
airplane nose-up direction with the KE=Kinetic energy per wheel (ft.-lbs.); (2) The speeds VMC, VO, VLE, and VLO,
primary surface loaded to correspond to W=Design takeoff weight (lbs.); if established, and their significance.
the least of the following airplane nose- V=Ground speed, in knots, associated with (3) In addition, for turbine powered
up control forces: the maximum value of V1 selected in airplanes—
accordance with SC 23.51(c)(1); (i) The maximum operating limit
(1) The maximum control forces
N=Number of main wheels with brakes. speed, VMO/MMO and a statement that
expected in service, as specified in
this speed must not be deliberately
§§ 23.301 and 23.397. 21. SC 23.1323 Airspeed Indicating
exceeded in any regime of flight (climb,
(2) The control force required to System
cruise or descent) unless a higher speed
produce 1.5 g. In addition to paragraphs (a), (b), (c), is authorized for flight test or pilot
(3) The control force corresponding to and (d), the following apply: training;
buffeting or other phenomena of such (e) In addition, the airspeed indicating (ii) If an airspeed limitation is based
intensity that is a strong deterrent to system must be calibrated to determine upon compressibility effects, a
further application of primary the system error during the accelerate- statement to this effect and information
longitudinal control force. takeoff ground run. The ground run as to any symptoms, the probable
19. SC 23.703 Takeoff Warning calibration must be obtained between behavior of the airplane, and the
System 0.8 of the minimum value of V1, and 1.2 recommended recovery procedures; and
times the maximum value of V1 (iii) The airspeed limits must be
Unless it can be shown that a lift or considering the approved ranges of shown in terms of VMO/MMO instead of
longitudinal trim device that affects the altitude and weight. The ground run VNO and VNE.
takeoff performance of the aircraft calibration must be determined (b) Powerplant limitations. The
would not give an unsafe takeoff assuming an engine failure at the following information must be
configuration when selected out of an minimum value of V1. furnished:
approved takeoff position, a takeoff (f) Where duplicate airspeed (1) Limitations required by § 23.1521.
warning system must be installed and indicators are required, their respective (2) Explanation of the limitations,
meet the following requirements: pitot tubes must be far enough apart to when appropriate.
(a) The system must provide to the avoid damage to both tubes in a (3) Information necessary for marking
pilots an aural warning that is collision with a bird. the instruments required by § 23.1549
automatically activated during the through § 23.1553.
initial portion of the takeoff roll if the 22. SC 23.1505 Airspeed limitations
(c) Weight. The airplane flight manual
airplane is in a configuration that would Instead of compliance with must include—
not allow a safe takeoff. The warning § 23.1505(a), the following apply: (1) The maximum weight; and
must continue until— (a) The maximum operating limit (2) The maximum landing weight, if
(1) The configuration is changed to speed (VMO/MMO-airspeed or Mach the design landing weight selected by
allow safe takeoff, or number, whichever is critical at a the applicant is less than the maximum
(2) Action is taken by the pilot to particular altitude) is a speed that may weight.
abandon the takeoff roll. not be deliberately exceeded in any (3) Not applicable.
(b) The means used to activate the regime of flight (climb, cruise, or (4) The maximum takeoff weight for
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system must function properly for all descent), unless a higher speed is each airport altitude and ambient
authorized takeoff power settings and authorized for flight test or pilot training temperature within the range selected
procedures and throughout the ranges of operations. VMO/MMO must be by the applicant at which—
takeoff weights, altitudes, and established so that it is not greater than (i) The airplane complies with the
temperatures for which certification is the design cruising speed VC/MC and so climb requirements of SC 23.63(d)(1);

requested. that it is sufficiently below VD/MD or and

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15042 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations

(ii) The accelerate-stop distance differential, if less than the maximum warning against attempting a balked
determined under SC 23.55 is equal to possible. landing;
the available runway length plus the (l) Baggage and cargo loading. The (3) The VSSE determined in § 23.149;
length of any stopway, if utilized; and following information for each baggage and
either: and cargo compartment or zone— (4) Procedures for restarting any
(iii) The takeoff distance determined (1) The maximum allowable load; and engine in flight including the effects of
under SC 23.59(a) is equal to the (2) The maximum intensity of altitude.
available runway length; or loading. (d) Not applicable.
(iv) At the option of the applicant, the (m) Systems. Any limitations on the (e) Not applicable.
takeoff distance determined under SC use of airplane systems and equipment. (f) In addition to paragraphs (a) and
23.59(a) is equal to the available runway (n) Ambient temperatures. Where (c) of this section, the information must
length plus the length of any clearway appropriate, maximum and minimum include the following:
and the takeoff run determined under ambient air temperatures for operation. (1) Procedures, speeds, and
SC 23.59(b) is equal to the available (o) Smoking. Any restrictions on configuration(s) for making a normal
runway length. smoking in the airplane. takeoff.
(5) The maximum landing weight for (p) Types of surface. A statement of (2) Procedures and speeds for carrying
each airport altitude within the range the types of surface on which operations out an accelerate-stop in accordance
selected by the applicant at which— may be conducted. (See SC 23.45(g) and with SC 23.55.
(i) The airplane complies with the SC 23.1587(a)(4) and (d)(4)). (3) Procedures and speeds for
climb requirements of § 23.63(d)(2) for continuing a takeoff following engine
24. SC 23.1585 Operating Procedures
ambient temperatures within the range failure in accordance with SC
selected by the applicant; and Instead of compliance with § 23.1585, 23.59(a)(1) and for following the flight
(ii) The landing distance determined the following apply: path determined under SC 23.57 and SC
under § 23.75 for standard temperatures (a) For all airplanes, information 23.61(a).
is equal to the available runway length. concerning normal, abnormal (if (g) Information identifying each
(6) The maximum zero wing fuel applicable), and emergency procedures operating condition in which the fuel
weight, where relevant, as established in and other pertinent information system independence prescribed in
accordance with § 23.343. necessary for safe operation and the § 23.953 is necessary for safety must be
(d) Center of gravity. The established achievement of the scheduled furnished, together with instructions for
center of gravity limits. performance must be furnished, placing the fuel system in a
(e) Maneuvers. The following including— configuration used to show compliance
authorized maneuvers, appropriate (1) An explanation of significant or with that section.
airspeed limitations, and unauthorized unusual flight or ground handling (h) For each airplane showing
maneuvers, as prescribed in this section. characteristics; compliance with § 23.1353(g)(2) or
(1) Not applicable. (2) The maximum demonstrated (g)(3), the operating procedures for
(2) Not applicable. values of crosswind for takeoff and disconnecting the battery from its
(3) Acrobatic category airplanes. A landing, and procedures and charging source must be furnished.
list of approved flight maneuvers information pertinent to operations in (i) Information on the total quantity of
demonstrated in type flight tests, crosswinds; usable fuel for each fuel tank, and the
together with recommended entry (3) A recommended speed for flight in effect on the usable fuel quantity, as a
speeds and any other associated rough air. This speed must be chosen to result of a failure of any pump, must be
limitations. protect against the occurrence, as a furnished.
(4) Not applicable. result of gusts, of structural damage to (j) Procedures for the safe operation of
(5) Not applicable. the airplane and loss of control (for the airplane’s systems and equipment,
(f) Maneuver load factor. The positive example, stalling); both in normal use and in the event of
limit load factors in g’s, and, in (4) Procedures for restarting any malfunction, must be furnished.
addition, the negative limit load factor turbine engine in flight, including the
for acrobatic category airplanes. effects of altitude; and 25. SC 23.1587 Performance
(g) Minimum flight crew. The number (5) Procedures, speeds, and Information
and functions of the minimum flight configuration(s) for making a normal Instead of compliance with § 23.1587,
crew determined under § 23.1523. approach and landing, in accordance the following apply:
(h) Kinds of operation. A list of the with SC 23.73 and § 23.75, and a Unless otherwise prescribed,
kinds of operation to which the airplane transition to the balked landing performance information must be
is limited or from which it is prohibited condition. provided over the altitude and
under § 23.1525, and also a list of (6) Not applicable. temperature ranges required by SC
installed equipment that affects any (b) Not applicable. 23.45(b).
operating limitation and identification (c) In addition to paragraph (a) of this (a) For all airplanes, the following
as to the equipment’s required section, for all multiengine airplanes, information must be furnished—
operational status for the kinds of the following information must be (1) The stalling speeds VSO and VS1
operation for which approval has been furnished: with the landing gear and wing flaps
given. (1) Procedures, speeds, and retracted, determined at maximum
(i) Maximum operating altitude. The configuration(s) for making an approach weight under § 23.49, and the effect on
maximum altitude established under and landing with one engine these stalling speeds of angles of bank
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§ 23.1527. inoperative; up to 60 degrees;

(j) Maximum passenger seating (2) Procedures, speeds, and (2) The steady rate and gradient of
configuration. The maximum passenger configuration(s) for making a balked climb with all engines operating,
seating configuration. landing with one engine inoperative and determined under § 23.69(a);
(k) Allowable lateral fuel loading. The the conditions under which a balked (3) The landing distance, determined
maximum allowable lateral fuel loading landing can be performed safely, or a under § 23.75 for each airport altitude

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Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Rules and Regulations 15043

and standard temperature, and the type Issued in Kansas City, Missouri on March (5 U.S.C. 553). Notice and public
of surface for which it is valid; 23, 2007. procedures are unnecessary because
(4) The effect on landing distances of Kim Smith, FDA is merely implementing a change
operation on other than smooth hard Manager, Small Airplane Directorate, Aircraft in citation to a section of the act as a
surfaces, when dry, determined under Certification Service. result of amendment of the act.
SC 23.45(g); and [FR Doc. E7–5951 Filed 3–29–07; 8:45 am]
List of Subjects in 21 CFR Part 310
(5) The effect on landing distances of Administrative practice and
runway slope and 50 percent of the procedure, Drugs, Labeling, Medical
headwind component and 150 percent devices, Reporting and recordkeeping
of the tailwind component. DEPARTMENT OF HEALTH AND
HUMAN SERVICES requirements.
(b) Not applicable. ■ Therefore, under the Federal Food,
(c) Not applicable. Food and Drug Administration Drug, and Cosmetic Act and under
(d) In addition to paragraph (a) of this authority delegated to the Commissioner
21 CFR Part 310 of Food and Drugs, 21 CFR part 310 is
section the following information must
be furnished— [Docket No. 2007N–0099]
amended as follows:
(1) The accelerate-stop distance PART 310—NEW DRUGS
New Drugs Exempted From
determined under SC 23.55;
Prescription-Dispensing ■ 1. The authority citation for 21 CFR
(2) The takeoff distance determined Requirements; Technical Amendment
under SC 23.59(a); part 310 continues to read as follows:
AGENCY: Food and Drug Administration, Authority: 21 U.S.C. 321, 331, 351, 352,
(3) At the option of the applicant, the
HHS. 353, 355, 360b–360f, 360j, 361(a), 371, 374,
takeoff run determined under SC 375, 379e; 42 U.S.C. 216, 241, 242(a), 262,
23.59(b); Final rule; technical
amendment. 263b–263n.
(4) The effect on accelerate-stop
§ 310.200 [Amended]
distance, takeoff distance and, if SUMMARY: Amendments to the Federal
determined, takeoff run, of operation on Food, Drug, and Cosmetic Act (the act) ■ 2. In § 310.200(a), (b), and (e) remove
other than smooth hard surfaces, when necessitate several changes to the ‘‘503(b)(1)(C)’’ wherever it appears and
dry, determined under SC 23.45(g); citations used in Food and Drug add in its place ‘‘503(b)(1)(B)’’.
(5) The effect on accelerate-stop Administration (FDA) regulations
§ 310.201 [Amended]
distance, takeoff distance, and if regarding the prescription-exemption
determined, takeoff run, of runway procedure and the list of new drugs that ■ 3. In § 310.201(a) remove
slope and 50 percent of the headwind are exempted from the prescription- ‘‘503(b)(1)(C)’’ and add in its place
component and 150 percent of the dispensing requirements. These changes ‘‘503(b)(1)(B)’’.
tailwind component; are editorial, pertaining only to Dated: March 22, 2007.
citations, and do not constitute a change Jeffrey Shuren,
(6) The net takeoff flight path in FDA regulation.
determined under SC 23.61(b); Assistant Commissioner for Policy.
DATES: This rule is effective March 30, [FR Doc. E7–5895 Filed 3–29–07; 8:45 am]
(7) The enroute gradient of climb/ 2007.
descent with one engine inoperative, BILLING CODE 4160–01–S
determined under § 23.69(b); Gerald M. Rachanow, Center for Drug
(8) The effect, on the net takeoff flight Evaluation and Research, Food and DEPARTMENT OF THE TREASURY
path and on the enroute gradient of Drug Administration, 10903 New
climb/descent with one engine Hampshire Ave., Bldg. 22, rm. 5496, Internal Revenue Service
inoperative, of 50 percent of the Silver Spring, MD 20993, 301–796–
headwind component and 150 percent 2090. 26 CFR Part 1
of the tailwind component;
(9) Overweight landing performance 126 of the Food and Drug
information (determined by Administration Modernization Act of RIN 1545-BF67
extrapolation and computed for the 1997 (FDAMA) (Public Law 105–115)
range of weights between the maximum United States Dollar Approximate
amended section 503(b)(1) of the act (21
landing and maximum takeoff weights) Separate Transactions Method
U.S.C. 353(b)(1)). Specifically, the
as follows— previous paragraph (b)(1)(A) of the act AGENCY: Internal Revenue Service (IRS),
(i) The maximum weight for each was stricken from the act and Treasury.
airport altitude and ambient paragraphs (b)(1)(B) and (b)(1)(C) were ACTION: Final regulation.
temperature at which the airplane redesignated as paragraphs (b)(1)(A) and
complies with the climb requirements of (b)(1)(B), respectively. This amendment SUMMARY: This document contains final
SC 23.63(d)(2); and to the act necessitates that FDA revise regulations which provide the
(ii) The landing distance determined the corresponding citations in its translation rates that must be used when
under § 23.75 for each airport altitude regulations. FDA is making this change translating into dollars certain items and
and standard temperature. in 21 CFR part 310 (§§ 310.200 and amounts transferred by a qualified
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310.201). These changes are editorial, business unit (QBU) to its home office
(10) The relationship between IAS pertaining only to citations, and do not or parent corporation for purposes of
and CAS determined in accordance with constitute a change in FDA regulation. computing dollar approximate separate
§ 23.1323 (b) and (c). Publication of this document transactions method (DASTM) gain or
(11) The altimeter system calibration constitutes final action on this change loss. This regulation is necessary to
required by § 23.1325(e). under the Administrative Procedure Act provide guidance under section 985

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