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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 23 
          - [Docket No. CE263; Special Conditions No. 23-203-SC] 

# 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.                           ( print page 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 built-in 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.                               ( print page 13438)    

(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