13436 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

individuals) and businesses and farms of 

different sizes that is reasonable given the 

demographics of the savings association’s 

assessment area(s); 

(D) A record of taking appropriate action, 

when warranted, in response to written 

complaints, if any, about the savings 

association’s performance in helping to meet 

the credit needs of its assessment area(s); and 

(E) A reasonable geographic distribution of 

loans given the savings association’s 

assessment area(s). 

(ii) Eligibility for an ‘‘outstanding’’ lending 

test rating. A small savings association that 

meets each of the standards for a 

‘‘satisfactory’’ rating under this paragraph 

and exceeds some or all of those standards 

may warrant consideration for a lending test 

rating of ‘‘outstanding.’’

(iii) Needs to improve or substantial 

noncompliance ratings. A small savings 

association may also receive a lending test 

rating of ‘‘needs to improve’’ or ‘‘substantial 

noncompliance’’ depending on the degree to 

which its performance has failed to meet the 

standard for a ‘‘satisfactory’’ rating. 

(2) Community development test ratings for 

intermediate small savings associations.—(i) 

Eligibility for a satisfactory community 

development test rating. The OTS rates an 

intermediate small savings association’s 

community development performance 

‘‘satisfactory’’ if the savings association 

demonstrates adequate responsiveness to the 

community development needs of its 

assessment area(s) through community 

development loans, qualified investments, 

and community development services. The 

adequacy of the savings association’s 

response will depend on its capacity for such 

community development activities, its 

assessment area’s need for such community 

development activities, and the availability 

of such opportunities for community 

development in the savings association’s 

assessment area(s). 

(ii) Eligibility for an outstanding 

community development test rating. The OTS 

rates an intermediate small savings 

association’s community development 

performance ‘‘outstanding’’ if the savings 

association demonstrates excellent 

responsiveness to community development 

needs in its assessment area(s) through 

community development loans, qualified 

investments, and community development 

services, as appropriate, considering the 

savings association’s capacity and the need 

and availability of such opportunities for 

community development in the savings 

association’s assessment area(s). 

(iii) Needs to improve or substantial 

noncompliance ratings. An intermediate 

small savings association may also receive a 

community development test rating of 

‘‘needs to improve’’ or ‘‘substantial 

noncompliance’’ depending on the degree to 

which its performance has failed to meet the 

standards for a ‘‘satisfactory’’ rating. 

(3) Overall rating.—(i) Eligibility for a 

satisfactory overall rating. No intermediate 

small savings association may receive an 

assigned overall rating of ‘‘satisfactory’’

unless it receives a rating of at least 

‘‘satisfactory’’ on both the lending test and 

the community development test. 

(ii) Eligibility for an outstanding overall 

rating. (A) An intermediate small savings 

association that receives an ‘‘outstanding’’

rating on one test and at least ‘‘satisfactory’’

on the other test may receive an assigned 

overall rating of ‘‘outstanding.’’

(B) A small savings association that is not 

an intermediate small savings association 

that meets each of the standards for a 

‘‘satisfactory’’ rating under the lending test 

and exceeds some or all of those standards 

may warrant consideration for an overall 

rating of ‘‘outstanding.’’ In assessing whether 

a bank’s performance is ‘‘outstanding,’’ the 

OTS considers the extent to which the 

savings association exceeds each of the 

performance standards for a ‘‘satisfactory’’

rating and its performance in making 

qualified investments and its performance in 

providing branches and other services and 

delivery systems that enhance credit 

availability in its assessment area(s). 

(iii) Needs to improve or substantial 

noncompliance overall ratings. A small 

savings association may also receive a rating 

of ‘‘needs to improve’’ or ‘‘substantial 

noncompliance’’ depending on the degree to 

which its performance has failed to meet the 

standards for a ‘‘satisfactory’’ rating. 

* * * * * 

Dated: March 16, 2007. 

By the Office of Thrift Supervision. 

John M. Reich, 

Director. 

[FR Doc. E7–5188 Filed 3–21–07; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE263; Special Conditions No. 

23–203–SC] 

Special Conditions: Aviation 

Technology Group, Incorporated, 

Javelin Model No. 100; Firewalls for 

Fuselage Mounted Engines and Fire 

Extinguishing for Aft Fuselage 

Mounted Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Aviation Technology 

Group, Incorporated, Javelin Model No. 

100 airplane. This airplane will have 

novel or unusual design features 

associated with aft mounted engine fire 

protection. 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: March 12, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Leslie B. Taylor, Regulations & Policy 

Branch, ACE–111, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust, Kansas City, 

Missouri 64106; telephone (816) 329–

4134; facsimile (816) 329–4090, e-mail 

at leslie.b.taylor@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 25, 2005, Aviation 

Technology Group, Incorporated 

applied for a type certificate for their 

new Javelin Model No. 100. The Javelin 

Model No. 100 is a two-place acrobatic 

airplane with two fuselage mounted 

turbofan engines. 

Part 23 historically addressed fire 

protection on multiengine airplanes 

based on the assumption that the 

engines are sufficiently separated to 

essentially eliminate the possibility of 

an engine fire spreading to another 

engine. On traditional multiengine 

airplanes, this has been achieved by 

locating engines on the wings separated 

by the fuselage. This configuration 

ensures that an engine fire on one side 

does not migrate to the opposite engine. 

This configuration also protects the 

opposite engine from heat radiating 

from the engine fire. Prevention, 

identification, and containment are 

traditional means of fire protection. 

Prevention has been provided through 

minimizing the potential for ignition of 

flammable fluids and vapors. 

Identification has been provided by 

locating engines within the pilots’

primary field of view and/or with the 

incorporation of fire detection systems. 

This has provided both rapid detection 

of a fire and confirmation when it was 

extinguished. Containment has been 

provided through the isolation of 

designated fire zones through flammable 

fluid shutoff valves and firewalls. This 

philosophy also ensures that 

components of the engine control 

system will function effectively to 

permit a safe shutdown of an engine. 

However, containment has only been 

demonstrated for 15 minutes. If a fire 

occurs in traditional part 23 airplanes, 

the appropriate corrective action is to 

land as soon as possible. For a small, 

simple airplane originally envisioned by 

part 23, it is possible to descend and 

land within 15 minutes. Thus, the 

occupants can safely exit the airplane 

before the firewall is breached. These 

simple airplanes normally have the 

engine located away from critical flight 

control systems and primary structure. 


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Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 13437 

This has ensured that, throughout a fire 

event, a pilot can continue safe flight, 

and it has made the prediction of fire 

effects relatively easy. 

Title 14 CFR part 23, did not envision 

the type of configuration of the Javelin 

Model No. 100 airplane. 

Type Certification Basis 

If the Administrator finds that the 

applicable airworthiness regulations in 

14 CFR part 23 do not contain adequate 

or appropriate safety standards for the 

Javelin Model No. 100 because of a 

novel or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Javelin Model No. 100 

must comply with the fuel vent and 

exhaust emission requirements of 14 

CFR part 34 and the noise certification 

requirements of 14 CFR part 36. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 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 § 21.101. 

Novel or Unusual Design Features 

The Javelin Model No. 100 will 

incorporate the following novel or 

unusual design features: 

The Javelin Model No. 100 

incorporates two turbofan engines 

located side-by-side in compartments in 

the aft fuselage. 

Discussion of Comments 

Notice of proposed special conditions 

No. 23–07–01–SC for the Aviation 

Technology Group, Incorporated, 

Javelin Model No. 100 airplanes was 

published on January 8, 2007 (72 FR 

660). One comment was received. It 

agreed with the proposed special 

conditions. No change was requested. 

Applicability 

As discussed above, these special 

conditions are applicable to the Javelin 

Model No. 100. Should Aviation 

Technology Group, Incorporated, 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 

of airplanes. It is not a rule of general 

applicability. 

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, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for Aviation Technology Group, 

Incorporated, Javelin Model No. 100 

airplanes. 

Title: Firewalls for Fuselage Mounted 

Engines and Fire Extinguishing for Aft 

Fuselage Mounted Engines. 

Fire Isolation and Extinguishing 

The fire protection system of the 

airplane must include features to isolate 

each fire zone from any other zone and 

the airplane to maintain isolation of the 

engines during a fire. Therefore, these 

special conditions mandate that the 

firewall required by § 23.1191 be 

extended to provide firewall isolation 

between either engine. These special 

conditions require that heat radiating 

from a fire originating in any fire zone 

must not affect components, airframe 

structure, systems, or flight controls in 

adjacent compartments in a way that 

endangers the airplane. 

Each fire zone should be ventilated to 

prevent the accumulation of flammable 

vapors. It must also be designed such 

that it will not allow entry of flammable 

fluids, vapors, or flames from other fire 

zones. It must be designed such that it 

does not create an additional fire hazard 

from the discharge of vapors or fluids. 

1. SC 23.1195—Add the requirements 

of § 23.1195 while deleting ‘‘For 

commuter category,’’ adding the 

requirement to ‘‘minimize the 

probability of re-ignition,’’ and deleting 

the statement ‘‘An individual ‘one-shot’

system may be used.’’

23.1195, Fire Extinguishing Systems 

(a) Fire extinguishing systems must be 

installed and compliance shown with 

the following: 

(1) Except for combustor, turbine, and 

tailpipe sections of turbine-engine 

installations that contain lines or 

components carrying flammable fluids 

or gases for which a fire originating in 

these sections is shown to be 

controllable, a fire extinguisher system 

must serve each engine compartment; 

(2) The fire extinguishing system, the 

quantity of extinguishing agent, the rate 

of discharge, and the discharge 

distribution must be adequate to 

extinguish fires and minimize the 

probability of re-ignition; 

(3) The fire extinguishing system for 

a nacelle must be able to simultaneously 

protect each compartment of the nacelle 

for which protection is provided. 

(b) If an auxiliary power unit is 

installed in any airplane certificated to 

this part, that auxiliary power unit 

compartment must be served by a fire 

extinguishing system meeting the 

requirements of paragraph (a)(2) of this 

section. 

2. SC 23.1197—Add the requirements 

of § 23.1197 while deleting ‘‘For 

commuter category airplanes.’’

23.1197, Fire Extinguishing Agents 

The following applies: 

(a) Fire extinguishing agents must—

(1) Be capable of extinguishing flames 

emanating from any burning fluids or 

other combustible materials in the area 

protected by the fire extinguishing 

system; and 

(2) Have thermal stability over the 

temperature range likely to be 

experienced in the compartment in 

which they are stored. 

(b) If any toxic extinguishing agent is 

used, provisions must be made to 

prevent harmful concentrations of fluid 

or fluid vapors (from leakage during 

normal operation of the airplane or as a 

result of discharging the fire 

extinguisher on the ground or in flight) 

from entering any personnel 

compartment, even though a defect may 

exist in the extinguishing system. This 

must be shown by test except for builtin carbon dioxide fuselage compartment 

fire extinguishing systems for which—

(1) Five pounds or less of carbon 

dioxide will be discharged under 

established fire control procedures into 

any fuselage compartment; or 

(2) Protective breathing equipment is 

available for each flight crewmember on 

flight deck duty. 

3. SC 23.1199—Add the requirements 

of § 23.1199 while deleting ‘‘For 

commuter category airplanes.’’

23.1199, Extinguishing Agent 

Containers 

The following applies: 

(a) Each extinguishing agent container 

must have a pressure relief to prevent 

bursting of the container by excessive 

internal pressures. 


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13438 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

(b) The discharge end of each 

discharge line from a pressure relief 

connection must be located so that 

discharge of the fire-extinguishing agent 

would not damage the airplane. The line 

must also be located or protected to 

prevent clogging caused by ice or other 

foreign matter. 

(c) A means must be provided for 

each fire extinguishing agent container 

to indicate that the container has 

discharged or that the charging pressure 

is below the established minimum 

necessary for proper functioning. 

(d) The temperature of each container 

must be maintained, under intended 

operating conditions, to prevent the 

pressure in the container from—

(1) Falling below that necessary to 

provide an adequate rate of discharge; or 

(2) Rising high enough to cause 

premature discharge. 

(e) If a pyrotechnic capsule is used to 

discharge the fire extinguishing agent, 

each container must be installed so that 

temperature conditions will not cause 

hazardous deterioration of the 

pyrotechnic capsule. 

4. SC 23.1201—Add the requirements 

of § 23.1201 while deleting ‘‘For 

commuter category airplanes.’’

23.1201, Fire Extinguishing System 

Materials 

The following apply: 

(a) No material in any fire 

extinguishing system may react 

chemically with any extinguishing agent 

so as to create a hazard. 

(b) Each system component in an 

engine compartment must be fireproof. 

Issued in Kansas City, Missouri, on 

March 12, 2007. 

James E. Jackson, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–5183 Filed 3–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25008; Airspace 

Docket No. 06–ACE–6] 

RIN 2120–AA66 

Modification of Class E Airspace; 

Kaiser/Lake, Ozark, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

corrects a final rule published in the 

Federal Register on August 8, 2006 (71 

FR 44885), Docket No. FAA–2006–

25008, Airspace Docket No. 06–ACE–6. 

In that rule, the reference to FAA Order 

7400.9 was published as FAA Order 

7400.9N. The correct reference is FAA 

Order 7400.9P. Also, the corresponding 

dates that refer to the Order should state 

‘‘* * * September 1, 2006, and effective 

September 15, 2006 * * *’’ instead of 

‘‘* * * September 1, 2005, and effective 

September 16, 2005’’. This technical 

amendment corrects those errors. 

DATES: Effective Date: 0901 UTC, March 

22, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Bentley, Airspace and Rules, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On August 8, 2006, a final rule was 

published in the Federal Register, 

Docket No. FAA–2006–25008, Airspace 

Docket No. 06–ACE–6 that amended 

Title 14 Code of Federal Regulations 

part 71 by modifying the Class E 

airspace area at Kaiser/Lake Ozark, MO 

(71 FR 44885). In that rule, the reference 

to FAA Order 7400.9 was published as 

FAA Order 7400.9N. The correct 

reference is FAA Order 7400.9P. In 

addition, the corresponding dates that 

refer to the Order are incorrect. Instead 

of ‘‘* * * September 1, 2005, and 

effective September 16, 2005’’, the dates 

should read ‘‘* * * September 1, 2006, 

and effective September 15, 2006 

***’’. 

Amendment to Final Rule 

■ Accordingly, pursuant to the authority 

delegated to me, the reference to FAA 

Order 7400.9 for Docket No. FAA–2006–

25008, Airspace Docket No. 06–ACE–6, 

as published in the Federal Register on 

August 8, 2006 (71 FR 44885), is 

corrected as follows: 

■ On page 44885, column 3, lines 16, 18 

and 19, and page 44886, column 2, lines 

17, 18 and 19, amend the language to 

read: 

§ 71.1 [Amended] 

* * * * * 

• ‘‘* * * FAA Order 7400.9P’’

instead of ‘‘FAA Order 7400.9N * * *’’. 

• ‘‘* * * September 1, 2006, and 

effective September 15, 2006 * * *’’

instead of ‘‘* * * September 1, 2005, 

and effective September 16, 2005 

***’’. 

* * * * * 

Issued in Washington, DC, March 14, 2007. 

Edith V. Parish, 

Manager, Airspace and Rules. 

[FR Doc. E7–5186 Filed 3–21–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–23902; Airspace 

Docket No. 06–AGL–01] 

RIN 2120–AA66 

Modification of Class E Airspace; 

Fremont, MI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This technical amendment 

corrects a final rule published in the 

Federal Register on July 18, 2006 (71 FR 

40652), Docket No. FAA–2006–23902, 

Airspace Docket No. 06–AGL–01. In that 

rule, the reference to FAA Order 7400.9 

was published as FAA Order 7400.9N. 

The correct reference is FAA Order 

7400.9P. Also, the corresponding dates 

that refer to the Order should state 

‘‘* * * September 1, 2006, and effective 

September 15, 2006 * * *’’, instead of 

‘‘* * * September 1, 2005, and effective 

September 16, 2005’’. This technical 

amendment corrects those errors. 

DATES: Effective Date: 0901 UTC, March 

22, 2007. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Tameka Bentley, Airspace and Rules, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On July 18, 2006, a final rule was 

published in the Federal Register, 

Docket No. FAA–2006–23902, Airspace 

Docket No. 06–AGL–01, that amended 

Title 14 Code of Federal Regulations 

part 71 by modifying Class E Airspace; 

Fremont, MI (71 FR 40652). In that rule, 


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