17374 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 

period, after deducting from the 

obligations the percentages of the 

guaranteed portions of loans and 

investments described in section 

5.55(a)(2) of the Act, multiplied by 

0.0018; and 

(ii) The product obtained by 

multiplying— 

(A) The sum of— 

(1) The average principal outstanding 

for the period on loans made by the 

bank (computed in accord with section 

5.55 of the Act) that are in nonaccrual 

status; and 

(2) The average amount outstanding 

for the period of other-than-temporarily 

impaired investments made by the bank 

(computed in accord with section 5.55 

of the Act); 

(B) By 0.0010. 

(c) Calculating the premium payment 

for periods in 2009 and subsequent 

years. (1) The premium payment for 

periods in calendar year 2009 and 

subsequent years shall be equal to the 

amount computed by applying the 

premium calculation formulas 

contained in sections 5.55 and 5.56 of 

the Act (unless reduced by the 

Corporation acting under section 

5.55(a)(3) of the Act or under paragraph 

(d) of this section) to the insured bank 

during the period. 

(2) In accord with paragraph (c)(1) of 

this section, the premium payment for 

the period shall (unless reduced by the 

Corporation acting under section 

5.55(a)(3) of the Act or under paragraph 

(d) of this section) be equal to: 

(i) The average outstanding insured 

obligations issued by the bank for the 

period, after deducting from the 

obligations the percentages of the 

guaranteed portions of loans and 

investments described in section 

5.55(a)(2), multiplied by 0.0020; and 

(ii) The product obtained by 

multiplying— 

(A) The sum of— 

(1) The average principal outstanding 

for the period on loans made by the 

bank (computed in accord with section 

5.55 of the Act) that are in nonaccrual 

status; and 

(2) The average amount outstanding 

for the period of other than temporarily 

impaired investments made by the bank 

(computed in accord with section 5.55 

of the Act); 

(B) By 0.0010. 

(d) Secure base amount. In addition to 

the Corporation’s authority to reduce 

premiums under section 5.55(a)(3) of 

the Act, upon reaching the secure base 

amount determined by the Corporation 

in accordance with section 5.55 of the 

Act, the annual premium to be paid by 

each insured bank, computed in 

accordance with paragraphs (b) and (c) 

of this section, shall be reduced by a 

percentage determined by the 

Corporation so that the aggregate of the 

premiums payable by all of the Farm 

Credit banks for the following calendar 

year is sufficient to ensure that the 

Insurance Fund balance is maintained at 

not less than the secure base amount. 

The Corporation shall announce any 

such percentage no later than December 

31 of the year prior to the January in 

which such premiums are to be paid. 

§ 1410.4 [Amended] 

■ 4. Amend § 1410.4 as follows: 

■ a. Remove paragraph (a); 

■ b. Redesignate paragraphs (b) and (c) 

as paragraphs (a) and (b), respectively; 

■ c. Remove the heading from newly 

designated paragraph (a) and add the 

word ‘‘Payments.’’ as the new heading; 

and 

■ d. Add the words, ‘‘sections 5.55 and 

5.56 of the Act, and’’ after the words ‘‘in 

accordance with’’ in the first sentence of 

newly designated paragraph (a). 

§ 1410.6 [Amended] 

■ 5. Amend § 1410.6(a) as follows: 

■ a. Remove the words ‘‘The following 

forms are available from the 

Corporation:’’ from paragraph (a) 

introductory text; and 

■ b. Remove paragraphs (a)(1) and (a)(2). 

Dated: April 9, 2009. 

Roland E. Smith, 

Secretary to the Board, Farm Credit System 

Insurance Corporation. 

[FR Doc. E9–8535 Filed 4–14–09; 8:45 am] 

BILLING CODE 6710–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE293; Special Conditions No. 

23–233–SC] 

Special Conditions: Spectrum 

Aeronautical, LLC Model Freedom 

S–40 Airplane Special Conditions for 

Flight Performance, Flight 

Characteristics, and Operating 

Limitations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Spectrum Aeronautical, 

LLC Model Freedom S–40 airplane. This 

airplane will have a novel or unusual 

design feature(s) associated with engine 

location, certain performance, flight 

characteristics and operating limitations 

necessary for this type of airplane. 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: The effective date of these 

special conditions is April 2, 2009. We 

must receive your comments by June 1, 

2009. 

ADDRESSES: Mail your comments in 

duplicate to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attn: Rules Docket No. CE293, 

901 Locust, Room 506, Kansas City, 

Missouri 64106; or deliver your 

comments in duplicate to the Regional 

Counsel at the above address. 

Comments must be marked: Docket No. 

CE293. Comments may be inspected in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: Ross 

Schaller, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Room 301, 

Kansas City, Missouri, 816–329–4162, 

fax 816–329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the approval design and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, views, or 

arguments. The most helpful comments 

reference a specific portion of the 

special conditions, explain the reason 

for any recommended change, and 

include supporting data. Send us your 

written comments in duplicate. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You may 

inspect the docket before and after the 

comment closing date. If you wish to 


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Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Rules and Regulations 17375 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On November 21, 2007, Spectrum 

Aeronautical, LLC applied for a type 

certificate for their new model, the 

Freedom S–40. The Freedom S–40 is an 

all-new, high-performance, low wing, 

twin turbofan powered airplane. Design 

features include turbofan engines, aft 

engine location, new avionics, and 

certain performance characteristics 

inherent in this type of airplane that 

were not envisioned by the existing 

regulations. 

The Freedom S–40 will be a new 

airplane and will have the following 

significant features incorporated: 

• Two GE–Honda HF–120 turbofan 

engines rated at 2,095 pounds of thrust 

with a Full Authority Digital Engine 

Control (FADEC) system. 

• The aircraft’s general configuration 

will be similar to other normal category 

jet airplanes, including a T-tail, and a 

low wing with slight leading edge wing 

sweep. 

• The cabin will have a maximum 

seating configuration for 9 passengers. 

• The preliminary operational design 

criteria are: 

Parameter Symbol S–40 

Limit Speeds .............................................................................. VMO (S.L. to FL250) ................................................................. 300 KEAS. 

MMO (above FL250) .................................................................. 0.77 Mach. 

Max Takeoff Weight .................................................................. ................................................................................................... 9,550 lb. 

Max Landing Weight .................................................................. ................................................................................................... 8,650 lb. 

Max Zero Fuel Weight ............................................................... ................................................................................................... 7,240 lb. 

Flap Speeds .............................................................................. Takeoff/Approach Flaps ........................................................... 165 KEAS. 

Landing Flaps ........................................................................... 155 KEAS. 

Landing Gear Operating Speeds .............................................. VLO (Retracting) ........................................................................ 165 KEAS. 

VLO (Extending) ........................................................................ 165 KEAS. 

Maximum Altitude ...................................................................... ................................................................................................... 45,000 ft. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Spectrum Aeronautical, LLC must show 

that the Freedom S–40 meets the 

applicable provisions of part 23, as 

amended by Amendment 23–1 through 

23–57 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 Freedom S–40 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 Freedom S–40 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; and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’. 

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. 

Novel or Unusual Design Features 

The Spectrum Aeronautical, LLC 

Model S–40 will incorporate the 

following novel or unusual design 

features: aft-mounted engines, certain 

performance and flight characteristics, 

and operating limitations necessary for 

this type of airplane. 

Applicability 

As discussed above, these special 

conditions are applicable to the 

Freedom S–40. Should Spectrum 

Aeronautical, LLC apply at a later date 

for a change to the type certificate to 

include another model incorporating the 

same novel or unusual design feature, 

the special conditions would apply to 

that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on Spectrum 

Aeronautical, LLC Model S–40 

airplanes. It is not a rule of general 

applicability. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, because a 

delay would significantly affect the 

certification of the airplane, which is 

imminent, the FAA has determined that 

prior public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

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 Spectrum 

Aeronautical, LLC Model S–40 series 

airplanes. 

Several 14 CFR part 23 paragraphs 

have been replaced by or supplemented 

with special conditions. These special 

conditions have been numbered to 

match the 14 CFR part 23 paragraphs 

they replace or supplement. 

Additionally, many of the other 

applicable part 23 paragraphs crossreference paragraphs that are replaced 

by or supplemented with special 


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conditions. It is implied that the special 

conditions associated with these 

paragraphs must be applied. This 

principal applies to all part 23 

paragraphs that cross-reference 

paragraphs associated with special 

conditions. 

1. SC 23.45 General 

Instead of compliance with § 23.45, 

the following apply: 

(a) Unless otherwise prescribed, the 

performance requirements of this part 

must be met for— 

(1) Still air and standard atmosphere; 

and 

(2) Ambient atmospheric conditions. 

(b) Performance data must be 

determined over not less than the 

following ranges of conditions— 

(1) Airport altitudes from sea level to 

10,000 feet; and 

(2) [Reserved] 

(3) Temperature from standard to 30 

°C above standard, or the maximum 

ambient atmospheric temperature at 

which compliance with the cooling 

provisions of § 23.1041 to § 23.1047 is 

shown, if lower. 

(c) Performance data must be 

determined with the cowl flaps or other 

means for controlling the engine cooling 

air supply in the position used in the 

cooling tests required by § 23.1041 to 

§ 23.1047. 

(d) The available propulsive thrust 

must correspond to engine power, not 

exceeding the approved power, less— 

(1) Installation losses; and 

(2) The power absorbed by the 

accessories and services appropriate to 

the particular ambient atmospheric 

conditions and the particular flight 

condition. 

(e) The performance, as affected by 

engine power or thrust, must be based 

on a relative humidity: 

(1) Of 80 percent at and below 

standard temperature; and 

(2) From 80 percent, at the standard 

temperature, varying linearly down to 

34 percent at the standard temperature 

plus 50 °F. 

(f) Unless otherwise prescribed, in 

determining the takeoff and landing 

distances, changes in the airplane’s 

configuration, speed, and power must 

be made in accordance with procedures 

established by the applicant for 

operation in service. These procedures 

must be able to be executed consistently 

by pilots of average skill in atmospheric 

conditions reasonably expected to be 

encountered in service. 

(g) The following, as applicable, must 

be determined on a smooth, dry, hardsurfaced runway— 

(1) [Reserved]; 

(2) Accelerate-stop distance of SC 

23.55; 

(3) Takeoff distance and takeoff run of 

SC 23.59; and 

(4) Landing distance of § 23.75. 

Note: The effect on these distances of 

operation on other types of surfaces (for 

example, grass, gravel) when dry, may be 

determined or derived and these surfaces 

listed in the Airplane Flight Manual in 

accordance with SC 23.1583(p). 

(h) The following also apply: 

(1) Unless otherwise prescribed, the 

applicant must select the takeoff, 

enroute, approach, and landing 

configurations for the airplane. 

(2) The airplane configuration may 

vary with weight, altitude, and 

temperature, to the extent that they are 

compatible with the operating 

procedures required by paragraph (h)(3) 

of this special condition. 

(3) Unless otherwise prescribed, in 

determining the critical-engineinoperative takeoff performance, takeoff 

flight path, and accelerate-stop distance, 

changes in the airplane’s configuration, 

speed, and power must be made in 

accordance with procedures established 

by the applicant for operation in service. 

(4) Procedures for the execution of 

discontinued approaches and balked 

landings associated with the conditions 

prescribed in SC 23.67(c)(4) and SC 

23.77(c) must be established. 

(5) The procedures established under 

paragraphs (h)(3) and (h)(4) of this 

special condition must— 

(i) Be able to be consistently executed 

by a crew of average skill in 

atmospheric conditions reasonably 

expected to be encountered in service; 

(ii) Use methods or devices that are 

safe and reliable; and 

(iii) Include allowance for any 

reasonably expected time delays in the 

execution of the procedures. 

2. SC 23.51 Takeoff Speeds 

Instead of compliance with § 23.51, 

the following apply: 

(a) [Reserved] 

(b) [Reserved] 

(c) The following apply: 

(l) V1 must be established in relation 

to VEF as follows: 

(i) VEF is the calibrated airspeed at 

which the critical engine is assumed to 

fail. VEF must be selected by the 

applicant, but it must not be less than 

1.05 VMC determined under § 23.149(b) 

or, at the option of the applicant, not 

less than VMCG determined under 

§ 23.149(f). 

(ii) The takeoff decision speed, V1, is 

the calibrated airspeed on the ground at 

which, as a result of engine failure or 

other reasons, the pilot is assumed to 

have made a decision to continue or 

discontinue the takeoff. The takeoff 

decision speed, V1, must be selected by 

the applicant but must not be less than 

VEF plus the speed gained with the 

critical engine inoperative during the 

time interval between the instant at 

which the critical engine is failed and 

the instant at which the pilot recognizes 

and reacts to the engine failure, as 

indicated by the pilot’s application of 

the first retarding means during the 

accelerate-stop determination of SC 

23.55. 

(2) The rotation speed, VR, in terms of 

calibrated airspeed, must be selected by 

the applicant and must not be less than 

the greatest of the following: 

(i) V1; 

(ii) 1.05 VMC determined under 

§ 23.149(b); 

(iii) 1.10 VS1; or 

(iv) The speed that allows attaining 

the initial climb-out speed, V2, before 

reaching a height of 35 feet above the 

takeoff surface in accordance with SC 

23.57(c)(2). 

(3) For any given set of conditions, 

such as weight, altitude, temperature, 

and configuration, a single value of VR

must be used to show compliance with 

both the one-engine-inoperative takeoff 

and all-engines-operating takeoff 

requirements. 

(4) The takeoff safety speed, V2, in 

terms of calibrated airspeed, must be 

selected by the applicant so as to allow 

the gradient of climb required in SC 

23.67(c)(1) and (c)(2) but must not be 

less than 1.10 VMC or less than 1.20 VS1. 

(5) The one-engine-inoperative takeoff 

distance, using a normal rotation rate at 

a speed 5 knots less than VR, established 

in accordance with paragraph (c)(2) of 

this section, must be shown not to 

exceed the corresponding one-engineinoperative takeoff distance, determined 

in accordance with SC 23.57 and SC 

23.59(a)(1), using the established VR. 

The takeoff, otherwise performed in 

accordance with SC 23.57, must be 

continued safely from the point at 

which the airplane is 35 feet above the 

takeoff surface and at a speed not less 

than the established V2 minus 5 knots. 

(6) The applicant must show, with all 

engines operating, that marked increases 

in the scheduled takeoff distances, 

determined in accordance with SC 

23.59(a)(2), do not result from overrotation of the airplane or out-of-trim 

conditions. 

3. SC 23.53 Takeoff Performance 

Instead of compliance with § 23.53, 

the following apply: 

(a) [Reserved] 

(b) [Reserved] 

(c) Takeoff performance, as required 

by SC 23.55 through SC 23.59, must be 

determined with the operating engine(s) 

within approved operating limitations. 


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4. SC 23.55 Accelerate-Stop Distance 

Instead of compliance with § 23.55, 

the following apply: 

The accelerate-stop distance must be 

determined as follows: 

(a) The accelerate-stop distance is the 

sum of the distances necessary to— 

(1) Accelerate the airplane from a 

standing start to VEF with all engines 

operating; 

(2) Accelerate the airplane from VEF to 

V1, assuming the critical engine fails at 

VEF; and 

(3) Come to a full stop from the point 

at which V1 is reached. 

(b) Means other than wheel brakes 

may be used to determine the 

accelerate-stop distances if that means— 

(1) Is safe and reliable; 

(2) Is used so that consistent results 

can be expected under normal operating 

conditions; and 

(3) Is such that exceptional skill is not 

required to control the airplane. 

5. SC 23.57 Takeoff Path 

Instead of compliance with § 23.57, 

the following apply: 

The takeoff path is as follows: 

(a) The takeoff path extends from a 

standing start to a point in the takeoff 

at which the airplane is 1500 feet above 

the takeoff surface at or below which 

height the transition from the takeoff to 

the enroute configuration must be 

completed; and 

(1) The takeoff path must be based on 

the procedures prescribed in SC 23.45; 

(2) The airplane must be accelerated 

on the ground to VEF at which point the 

critical engine must be made 

inoperative and remain inoperative for 

the rest of the takeoff; and 

(3) After reaching VEF, the airplane 

must be accelerated to V2. 

(b) During the acceleration to speed 

V2, the nose gear may be raised off the 

ground at a speed not less than VR. 

However, landing gear retraction must 

not be initiated until the airplane is 

airborne. 

(c) During the takeoff path 

determination, in accordance with 

paragraphs (a) and (b) of this section— 

(1) The slope of the airborne part of 

the takeoff path must not be negative at 

any point; 

(2) The airplane must reach V2 before 

it is 35 feet above the takeoff surface, 

and must continue at a speed as close 

as practical to, but not less than V2, 

until it is 400 feet above the takeoff 

surface; 

(3) At each point along the takeoff 

path, starting at the point at which the 

airplane reaches 400 feet above the 

takeoff surface, the available gradient of 

climb must not be less than— 

(i) 1.2 percent; 

(ii) [Reserved]; 

(iii) [Reserved]; and 

(4) Except for landing gear retraction, 

the airplane configuration must not be 

changed, and no change in power that 

requires action by the pilot may be 

made, until the airplane is 400 feet 

above the takeoff surface. 

(d) The takeoff path to 35 feet above 

the takeoff surface must be determined 

by a continuous demonstrated takeoff. 

(e) The takeoff path to 35 feet above 

the takeoff surface must be determined 

by synthesis from segments; and 

(1) The segments must be clearly 

defined and must be related to distinct 

changes in configuration, power, and 

speed; 

(2) The weight of the airplane, the 

configuration, and the power must be 

assumed constant throughout each 

segment and must correspond to the 

most critical condition prevailing in the 

segment; and 

(3) The takeoff flight path must be 

based on the airplane’s performance 

without utilizing ground effect. 

6. SC 23.59 Takeoff Distance and 

Takeoff Run 

Instead of compliance with § 23.59, 

the following apply: 

The takeoff distance and, at the option 

of the applicant, the takeoff run, must be 

determined. 

(a) Takeoff distance is the greater of— 

(1) The horizontal distance along the 

takeoff path from the start of the takeoff 

to the point at which the airplane is 35 

feet above the takeoff surface as 

determined under SC 23.57; or 

(2) With all engines operating, 115 

percent of the horizontal distance from 

the start of the takeoff to the point at 

which the airplane is 35 feet above the 

takeoff surface, determined by a 

procedure consistent with SC 23.57. 

(b) If the takeoff distance includes a 

clearway, the takeoff run is the greater 

of— 

(1) The horizontal distance along the 

takeoff path from the start of the takeoff 

to a point equidistant between the liftoff 

point and the point at which the 

airplane is 35 feet above the takeoff 

surface as determined under SC 23.57; 

or 

(2) With all engines operating, 115 

percent of the horizontal distance from 

the start of the takeoff to a point 

equidistant between the liftoff point and 

the point at which the airplane is 35 feet 

above the takeoff surface, determined by 

a procedure consistent with SC 23.57. 

7. SC 23.61 Takeoff Flight Path 

Instead of compliance with § 23.61, 

the following apply: 

The takeoff flight path must be 

determined as follows: 

(a) The takeoff flight path begins 35 

feet above the takeoff surface at the end 

of the takeoff distance determined in 

accordance with SC 23.59. 

(b) The net takeoff flight path data 

must be determined so that they 

represent the actual takeoff flight paths, 

as determined in accordance with SC 

23.57 and with paragraph (a) of this 

section, reduced at each point by a 

gradient of climb equal to— 

(1) 0.8 percent; 

(2) [Reserved]; 

(3) [Reserved] 

(c) The prescribed reduction in climb 

gradient may be applied as an 

equivalent reduction in acceleration 

along that part of the takeoff flight path 

at which the airplane is accelerated in 

level flight. 

8. SC 23.63 Climb: General 

Instead of compliance with § 23.63, 

the following apply: 

(a) Compliance with the requirements 

of § 23.65, SC 23.67, § 23.69, and SC 

23.77 must be shown— 

(1) Out of ground effect; and 

(2) At speeds that are not less than 

those at which compliance with the 

powerplant cooling requirements of 

§§ 23.1041 to 23.1047 has been 

demonstrated; and 

(3) Unless otherwise specified, with 

one engine inoperative, at a bank angle 

not exceeding 5 degrees. 

(b) [Reserved] 

(c) [Reserved] 

(d) Compliance must be shown at 

weights as a function of airport altitude 

and ambient temperature within the 

operational limits established for takeoff 

and landing, respectively, with— 

(1) SC sections 23.67(c)(1), 23.67(c)(2), 

and 23.67(c)(3) for takeoff; and 

(2) SC sections 23.67(c)(3), 23.67(c)(4), 

and 23.77(c) for landing. 

9. SC 23.66 Takeoff Climb: One Engine 

Inoperative 

[Reserved] 

10. SC 23.67 Climb: One Engine 

Inoperative 

Instead of compliance with § 23.67, 

the following apply: 

(a) [Reserved] 

(b) [Reserved] 

(c) The following apply: 

(1) Takeoff; landing gear extended. 

The steady gradient of climb at the 

altitude of the takeoff surface must be 

measurably positive, with— 

(i) The critical engine inoperative; 

(ii) The remaining engine at takeoff 

power; 

(iii) The landing gear extended, and 

all landing gear doors open; 


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(iv) The wing flaps in the takeoff 

position(s); 

(v) The wings level; and 

(vi) A climb speed equal to V2. 

(2) Takeoff; landing gear retracted. 

The steady gradient of climb at an 

altitude of 400 feet above the takeoff 

surface must be not less than 2.0 

percent, with— 

(i) The critical engine inoperative; 

(ii) The remaining engine at takeoff 

power; 

(iii) The landing gear retracted; 

(iv) The wing flaps in the takeoff 

position(s); 

(v) A climb speed equal to V2. 

(3) Enroute. The steady gradient of 

climb at an altitude of 1,500 feet above 

the takeoff or landing surface, as 

appropriate, must be not less than 1.2 

percent, with— 

(i) The critical engine inoperative; 

(ii) The remaining engine at not more 

than maximum continuous power; 

(iii) The landing gear retracted; 

(iv) The wing flaps retracted; and 

(v) A climb speed not less than 1.2 

VS1. 

(4) Discontinued approach. The 

steady gradient of climb at an altitude 

of 400 feet above the landing surface 

must be not less than 2.1 percent, 

with— 

(i) The critical engine inoperative; 

(ii) The remaining engine at takeoff 

power; 

(iii) Landing gear retracted; 

(iv) Wing flaps in the approach 

position(s) in which VS1 for these 

position(s) does not exceed 110 percent 

of the VS1 for the related all-enginesoperated landing position(s); and 

(v) A climb speed established in 

connection with normal landing 

procedures but not exceeding 1.5 VS1. 

11. SC 23.73 Reference Landing 

Approach Speed 

Instead of compliance with § 23.73, 

the following apply: 

(a) [Reserved]. 

(b) [Reserved]. 

(c) The reference landing approach 

speed, VREF, must not be less than the 

greater of 1.05 VMC, determined in 

§ 23.149(c), and 1.3 VSO. 

12. SC 23.77 Balked Landing 

Instead of compliance with § 23.77, 

the following apply: 

(a) [Reserved]. 

(b) [Reserved]. 

(c) Each airplane must be able to 

maintain a steady gradient of climb of 

at least 3.2 percent with— 

(1) Not more than the power that is 

available on each engine eight seconds 

after initiation of movement of the 

power controls from the minimum flight 

idle position; 

(2) Landing gear extended; 

(3) Wing flaps in the landing position; 

and 

(4) A climb speed equal to VREF, as 

defined in SC 23.73(c). 

13. SC 23.177 Static Directional and 

Lateral Stability 

Instead of compliance with § 23.177, 

the following apply: 

(a) The static directional stability, as 

shown by the tendency to recover from 

a wings level sideslip with the rudder 

free, must be positive for any landing 

gear and flap position appropriate to the 

takeoff, climb, cruise, approach, and 

landing configurations. This must be 

shown with symmetrical power up to 

maximum continuous power, and at 

speeds from 1.2 VS1 up to VFE, VLE, or 

VFC/MFC (as appropriate). The angle of 

sideslip for these tests must be 

appropriate to the type of airplane. At 

larger angles of sideslip, up to that at 

which full rudder is used or a control 

force limit in § 23.143 is reached, 

whichever occurs first, and at speeds 

from 1.2 VS1 to VO, the rudder pedal 

force must not reverse. 

(b) The static lateral stability, as 

shown by the tendency to raise the low 

wing in a sideslip, must be positive for 

all landing gear and flap positions. This 

must be shown with symmetrical power 

up to 75 percent of maximum 

continuous power at speeds above 1.2 

VS1 in the takeoff configuration(s) and at 

speeds above 1.3 VS1 in other 

configurations, up to VFE, VLE, or VFC/ 

MFC (as appropriate) for the 

configuration being investigated, in the 

takeoff, climb, cruise, and approach 

configurations. For the landing 

configuration, the power must be that 

necessary to maintain a 3 degree angle 

of descent in coordinated flight. The 

static lateral stability must not be 

negative at 1.2 VS1 in the takeoff 

configuration, or at 1.3 VS1 in other 

configurations. The angle of sideslip for 

these tests must be appropriate to the 

type of airplane, but in no case may the 

constant heading sideslip angle be less 

than that obtainable with a 10 degree 

bank, or if less, the maximum bank 

angle obtainable with full rudder 

deflection or 150-pound rudder force. 

(c) Paragraph (b) of this special 

condition does not apply to acrobatic 

category airplanes certificated for 

inverted flight. 

(d) In straight, steady slips at 1.2 VS1

for any landing gear and flap positions, 

and for any symmetrical power 

conditions up to 50 percent of 

maximum continuous power, the 

aileron and rudder control movements 

and forces must increase steadily, but 

not necessarily in constant proportion, 

as the angle of sideslip is increased up 

to the maximum appropriate to the type 

of airplane. At larger slip angles, up to 

the angle at which the full rudder or 

aileron control is used or a control force 

limit contained in § 23.143 is reached, 

the aileron and rudder control 

movements and forces must not reverse 

as the angle of sideslip is increased. 

Rapid entry into, and recovery from, a 

maximum sideslip considered 

appropriate for the airplane must not 

result in uncontrollable flight 

characteristics. 

14. SC 23.201 Wings Level Stall 

Instead of compliance with § 23.201, 

the following apply: 

(a) It must be possible to produce and 

to correct roll by unreversed use of the 

rolling control and to produce and to 

correct yaw by unreversed use of the 

directional control, up to the time the 

airplane stalls. 

(b) The wings-level stall 

characteristics must be demonstrated in 

flight as follows. Starting from a speed 

at least 10 knots above the stall speed, 

the elevator control must be pulled back 

so that the rate of speed reduction will 

not exceed one knot per second until a 

stall is produced, as shown by either: 

(1) An uncontrollable downward 

pitching motion of the airplane; 

(2) A downward pitching movement 

of the airplane that results from the 

activation of a stall avoidance device 

(for example, stick pusher); or 

(3) The control reaching the stop. 

(c) Normal use of elevator control for 

recovery is allowed after the downward 

pitching motion of paragraphs (b)(1) or 

(b)(2) of this section has unmistakably 

been produced, or after the control has 

been held against the stop for not less 

than the longer of two seconds or the 

time employed in the minimum steady 

flight speed determination of § 23.49. 

(d) During the entry into and the 

recovery from the maneuver, it must be 

possible to prevent more than 15 

degrees of roll or yaw by the normal use 

of controls. 

(e) Compliance with the requirements 

of this section must be shown under the 

following conditions: 

(1) The flaps, landing gear, and 

speedbrakes in any likely combination 

of positions and altitudes appropriate 

for the various positions. 

(2) [Reserved] 

(3) [Reserved] 

(4) Thrust: 

(i) Idle; and 

(ii) The thrust necessary to maintain 

level flight at 1.6VS1. However, if the 

thrust-to-weight ratio at this condition 

will result in extreme nose-up attitudes, 

the test may be carried out with the 


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thrust required for level flight in the 

landing configuration at maximum 

landing weight and a speed of 1.4 VS0, 

except that the thrust may not be less 

than 50 percent of maximum 

continuous thrust. 

(5) Trim. The airplane trimmed at 1.4 

VS1 or the minimum trim speed, 

whichever is higher. 

(6) [Reserved] 

15. SC 23.203 Turning Flight and 

Accelerated Turning Stalls 

Instead of compliance with § 23.203, 

the following apply: 

Turning flight and accelerated turning 

stalls must be demonstrated in tests as 

follows: 

(a) Establish and maintain a 

coordinated turn in a 30 degree bank. 

Reduce speed by steadily and 

progressively tightening the turn with 

the elevator until the airplane is stalled, 

as defined in SC 23.201(b). The rate of 

speed reduction must be constant, 

and— 

(1) For a turning flight stall, may not 

exceed one knot per second; and 

(2) For an accelerated turning stall, be 

3 to 5 knots per second with steadily 

increasing normal acceleration. 

(b) After the airplane has stalled, as 

defined in SC 23.201(b), it must be 

possible to regain wings level flight by 

normal use of the flight controls, but 

without increasing power and without— 

(1) Excessive loss of altitude; 

(2) Undue pitch-up; 

(3) Uncontrollable tendency to spin; 

(4) Exceeding a bank angle of 60 

degrees in the original direction of the 

turn or 30 degrees in the opposite 

direction in the case of turning flight 

stalls; 

(5) Exceeding a bank angle of 90 

degrees in the original direction of the 

turn or 60 degrees in the opposite 

direction in the case of accelerated 

turning stalls; and 

(6) Exceeding the maximum 

permissible speed or allowable limit 

load factor. 

(c) Compliance with the requirements 

of this section must be shown under the 

following conditions: 

(1) The flaps, landing gear, and 

speedbrakes in any likely combination 

of positions and altitudes appropriate 

for the various positions. 

(2) [Reserved] 

(3) [Reserved] 

(4) Thrust: 

(i) Idle; and 

(ii) The thrust necessary to maintain 

level flight at 1.6 VS1. However, if the 

thrust-to-weight ratio at this condition 

will result in extreme nose-up attitudes, 

the test may be carried out with the 

thrust required for level flight in the 

landing configuration at maximum 

landing weight and a speed of 1.4 VS0, 

except that the thrust may not be less 

than 50 percent of maximum 

continuous thrust. 

(5) Trim at 1.4 VS1 or the minimum 

trim speed, whichever is higher. 

(6) [Reserved] 

16. SC 23.251 Vibration and Buffeting 

Instead of compliance with § 23.251, 

the following apply: 

(a) The airplane must be 

demonstrated in flight to be free from 

any vibration and buffeting that would 

prevent continued safe flight in any 

likely operating condition. 

(b) Each part of the airplane must be 

shown in flight to be free from excessive 

vibration under any appropriate speed 

and thrust conditions up to VDF/MDF. 

The maximum speeds shown must be 

used in establishing the operating 

limitations of the airplane in accordance 

with SC 23.1505. 

(c) Except as provided in paragraph 

(d) of this special condition, there may 

be no buffeting condition, in normal 

flight, including configuration changes 

during cruise, severe enough to interfere 

with the control of the airplane, to cause 

excessive fatigue to the crew, or to cause 

structural damage. Stall warning 

buffeting within these limits is 

allowable. 

(d) There may be no perceptible 

buffeting condition in the cruise 

configuration in straight flight at any 

speed up to VMO/MMO, except that stall 

warning buffeting is allowable. 

(e) With the airplane in the cruise 

configuration, the positive maneuvering 

load factors at which the onset of 

perceptible buffeting occurs must be 

determined for the ranges of airspeed or 

Mach number, weight, and altitude for 

which the airplane is to be certified. The 

envelopes of load factor, speed, altitude, 

and weight must provide a sufficient 

range of speeds and load factors for 

normal operations. Probable inadvertent 

excursions beyond the boundaries of the 

buffet onset envelopes may not result in 

unsafe conditions. 

17. SC 23.253 High Speed 

Characteristics 

Instead of compliance with § 23.253, 

the following apply: 

(a) Speed increase and recovery 

characteristics. The following speed 

increase and recovery characteristics 

must be met: 

(1) Operating conditions and 

characteristics likely to cause 

inadvertent speed increases (including 

upsets in pitch and roll) must be 

simulated with the airplane trimmed at 

any likely cruise speed up to VMO/MMO. 

These conditions and characteristics 

include gust upsets, inadvertent control 

movements, low stick force gradient in 

relation to control friction, passenger 

movement, leveling off from climb, and 

descent from Mach to airspeed limit 

altitudes. 

(2) Allowing for pilot reaction time 

after effective inherent or artificial 

speed warning occurs, it must be shown 

that the airplane can be recovered to a 

normal attitude and its speed reduced to 

VMO/MMO, without: 

(i) Exceptional piloting strength or 

skill; 

(ii) Exceeding VD/MD, VDF/MDF, or the 

structural limitations; and 

(iii) Buffeting that would impair the 

pilot’s ability to read the instruments or 

control the airplane for recovery. 

(3) There may be no control reversal 

about any axis at any speed up to VDF/ 

MDF. Any reversal of elevator control 

force or tendency of the airplane to 

pitch, roll, or yaw must be mild and 

readily controllable, using normal 

piloting techniques. 

(b) Maximum speed for stability 

characteristics, VFC/MFC. VFC/MFC is the 

maximum speed at which the 

requirements of § 23.175(b)(1), SC 

23.177, and § 23.181 must be met with 

flaps and landing gear retracted. It may 

not be less than a speed midway 

between VMO/MMO and VDF/MDF except 

that, for altitudes where Mach number 

is the limiting factor, MFC need not 

exceed the Mach number at which 

effective speed warning occurs. 

(c) [Reserved] 

18. SC 25.255 Out of Trim 

Characteristics 

Instead of compliance with § 25.255, 

the following apply: 

(a) From an initial condition with the 

airplane trimmed at cruise speeds up to 

VMO/MMO, the airplane must have 

satisfactory maneuvering stability and 

controllability with the degree of out-oftrim in both the airplane nose-up and 

nose-down directions, which results 

from the greater of— 

(1) A three-second movement of the 

longitudinal trim system at its normal 

rate for the particular flight condition 

with no aerodynamic load, except as 

limited by stops in the trim system, 

including those required by § 23.655(b); 

or 

(2) The maximum mistrim that can be 

sustained by the autopilot while 

maintaining level flight in the highspeed cruising condition. 

(b) In the out-of-trim condition 

specified in paragraph (a) of this special 

condition, when the normal acceleration 

is varied from +1 g to the positive and 


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negative values specified in paragraph 

(c) of this special condition— 

(1) The stick force vs. g curve must 

have a positive slope at any speed up to 

and including VFC/MFC; and 

(2) At speeds between VFC/MFC and 

VDF/MDF the direction of the primary 

longitudinal control force may not 

reverse. 

(c) Except as provided in paragraphs 

(d) and (e) of this special condition, 

compliance with the provisions of 

paragraph (a) of this special condition 

must be demonstrated in flight over the 

acceleration range— 

(1) –1 g to +2.5 g; or 

(2) 0 g to 2.0 g, and extrapolating by 

an acceptable method to –1 g and 

+2.5 g 

(d) If the procedure set forth in 

paragraph (c)(2) of this special condition 

is used to demonstrate compliance and 

marginal conditions exist during flight 

test with regard to reversal of primary 

longitudinal control force, flight tests 

must be accomplished from the normal 

acceleration at which a marginal 

condition is found to exist to the 

applicable limit specified in paragraph 

(b)(1) of this special condition. 

(e) During flight tests required by 

paragraph (a) of this special condition, 

the limit maneuvering load factors 

prescribed in §§ 23.333(b) and 23.337, 

and the maneuvering load factors 

associated with probable inadvertent 

excursions beyond the boundaries of the 

buffet onset envelopes determined 

under SC 23.251(e), need not be 

exceeded. In addition, the entry speeds 

for flight test determinations at normal 

acceleration values less than 1 g must be 

limited to the extent necessary to 

accomplish a recovery, without 

exceeding VDF/MDF. 

(f) In the out-of-trim condition 

specified in paragraph (a) of this special 

condition, it must be possible from an 

overspeed condition at VDF/MDF to 

produce at least 1.5 g for recovery by 

applying not more than 125 pounds of 

longitudinal control force using either 

the primary longitudinal control alone 

or the primary longitudinal control and 

the longitudinal trim system. If the 

longitudinal trim is used to assist in 

producing the required load factor, it 

must be shown at VDF/MDF that the 

longitudinal trim can be actuated in the 

airplane nose-up direction with primary 

surface loaded to correspond to the least 

of the following airplane nose-up 

control forces: 

(1) The maximum control forces 

expected in service as specified in 

§§ 23.301 and 23.397. 

(2) The control force required to 

produce 1.5 g. 

(3) The control force corresponding to 

buffeting or other phenomena of such 

intensity that it is a strong deterrent to 

further application of primary 

longitudinal control force. 

19. SC 23.703 Takeoff Warning 

System 

Instead of compliance with § 23.703, 

the following apply: 

Unless it can be shown that a lift or 

longitudinal trim device that affects the 

takeoff performance of the aircraft 

would not give an unsafe takeoff 

configuration when selection out of an 

approved takeoff position, a takeoff 

warning system must be installed and 

meet the following requirements: 

(a) The system must provide to the 

pilots an aural warning that is 

automatically activated during the 

initial portion of the takeoff roll if the 

airplane is in a configuration that would 

not allow a safe takeoff. The warning 

must continue until— 

(1) The configuration is changed to 

allow safe takeoff, or 

(2) Action is taken by the pilot to 

abandon the takeoff roll. 

(b) The means used to activate the 

system must function properly for all 

authorized takeoff power settings and 

procedures and throughout the ranges of 

takeoff weights, altitudes, and 

temperatures for which certification is 

requested. 

20. SC 23.735 Brakes 

Instead of compliance with § 23.735, 

the following apply: 

(a) Brakes must be provided. The 

landing brake kinetic energy capacity 

rating of each main wheel brake 

assembly must not be less than the 

kinetic energy absorption requirements 

determined under either of the 

following methods: 

(1) The brake kinetic energy 

absorption requirements must be based 

on a conservative rational analysis of 

the sequence of events expected during 

landing at the design landing weight. 

(2) Instead of a rational analysis, the 

kinetic energy absorption requirements 

for each main wheel brake assembly 

may be derived from the following 

formula: 

KE = 0.0443 W V 2/N 

Where— 

KE = Kinetic energy per wheel (lb-ft); 

W = Design landing weight (lb); 

V = Airplane speed in knots. V must be not 

less than VS, the power off stalling speed 

of the airplane at sea level, at the design 

landing weight, and in the landing 

configuration; and 

N = Number of main wheels with brakes. 

(b) Brakes must be able to prevent the 

wheels from rolling on a paved runway 

with takeoff power on the critical 

engine, but need not prevent movement 

of the airplane with wheels locked. 

(c) During the landing distance 

determination required by § 23.75, the 

pressure on the wheel braking system 

must not exceed the pressure specified 

by the brake manufacturer. 

(d) If antiskid devices are installed, 

the devices and associated systems must 

be designed so that no single probable 

malfunction or failure will result in a 

hazardous loss of braking ability or 

directional control of the airplane. 

(e) In addition, the rejected takeoff 

brake kinetic energy capacity rating of 

each main wheel brake assembly must 

not be less than the kinetic energy 

absorption requirements determined 

under either of the following methods— 

(1) The brake kinetic energy 

absorption requirements must be based 

on a conservative rational analysis of 

the sequence of events expected during 

a rejected takeoff at the design takeoff 

weight. 

(2) Instead of a rational analysis, the 

kinetic energy absorption requirements 

for each main wheel brake assembly 

may be derived from the following 

formula— 

KE = 0.0443 W V 2/N 

Where— 

KE = Kinetic energy per wheel (lb-ft.); 

W = Design takeoff weight (lb); 

V = Ground speed, in knots, associated with 

the maximum value of V1 selected in 

accordance with SC 23.51(c)(1); 

N = Number of main wheels with brakes. 

21. SC 23.1323 Airspeed Indicating 

System 

Instead of compliance with § 23.1323, 

the following apply: 

(a) Each airspeed indicating 

instrument must be calibrated to 

indicate true airspeed (at sea level with 

a standard atmosphere) with a 

minimum practicable instrument 

calibration error when the 

corresponding pitot and static pressures 

are applied. 

(b) Each airspeed system must be 

calibrated in flight to determine the 

system error. The system error, 

including position error, but excluding 

the airspeed indicator instrument 

calibration error, may not exceed three 

percent of the calibrated airspeed or five 

knots, whichever is greater, throughout 

the following speed ranges: 

(1) 1.3 VS1 to VMO/MMO, whichever is 

appropriate, with flaps retracted. 

(2) 1.3 VSI to VFE with flaps extended. 

(c) The design and installation of each 

airspeed indicating system must provide 

positive drainage of moisture from the 

pitot static plumbing. 


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(d) If certification for instrument flight 

rules or flight in icing conditions is 

requested, each airspeed system must 

have a heated pitot tube or an 

equivalent means of preventing 

malfunction due to icing. 

(e) In addition, the airspeed indicating 

system must be calibrated to determine 

the system error during the accelerate/ 

takeoff ground run. The ground run 

calibration must be obtained between 

0.8 of the minimum value of V1, and 1.2 

times the maximum value of V1, 

considering the approved ranges of 

altitude and weight. The ground run 

calibration must be determined 

assuming an engine failure at the 

minimum value of V1. 

(f) Where duplicate airspeed 

indicators are required, their respective 

pitot tubes must be far enough apart to 

avoid damage to both tubes in a 

collision with a bird. 

22. SC 23.1505 Airspeed Limitations 

Instead of compliance with § 23.1505, 

the following apply: 

The maximum operating limit speed 

(VMO/MMO-airspeed or Mach number, 

whichever is critical at a particular 

altitude) is a speed that may not be 

deliberately exceeded in any regime of 

flight (climb, cruise, or descent), unless 

a higher speed is authorized for flight 

test or pilot training operations. VMO/ 

MMO must be established so that it is not 

greater than the design cruising speed 

VC/MC and so that it is sufficiently 

below VD/MD or VDF/MDF, to make it 

highly improbable that the latter speeds 

will be inadvertently exceeded in 

operations. The speed margin between 

VMO/MMO and VD/MD or VDF/MDF may 

not be less than that determined under 

§ 23.335(b) or found necessary in the 

flight test conducted under SC 23.253. 

23. SC 23.1583 Operating Limitations 

Instead of compliance with § 23.1583, 

the following apply: 

The Airplane Flight Manual must 

contain operating limitations 

determined under this part 23, 

including the following— 

(a) Airspeed limitations. The 

following information must be 

furnished: 

(1) Information necessary for the 

marking of the airspeed limits on the 

indicator as required in § 23.1545, and 

the significance of each of those limits 

and of the color-coding used on the 

indicator. 

(2) The speeds VMC, VO, VLE, and VLO, 

if established, and their significance. 

(3) In addition— 

(i) The maximum operating limit 

speed, VMO/MMO and a statement that 

this speed must not be deliberately 

exceeded in any regime of flight (climb, 

cruise or descent) unless a higher speed 

is authorized for flight test or pilot 

training; 

(ii) If an airspeed limitation is based 

upon compressibility effects, a 

statement to this effect and information 

as to any symptoms, the probable 

behavior of the airplane, and the 

recommended recovery procedures; and 

(iii) The airspeed limits must be 

shown in terms of VMO/MMO. 

(b) Powerplant limitations. The 

following information must be 

furnished: 

(1) Limitations required by § 23.1521. 

(2) Explanation of the limitations, 

when appropriate. 

(3) Information necessary for marking 

the instruments required by § 23.1549 

through § 23.1553. 

(c) Weight. The airplane flight manual 

must include— 

(1) The maximum weight; and 

(2) The maximum landing weight, if 

the design landing weight selected by 

the applicant is less than the maximum 

weight. 

(3) [Reserved] 

(4) The maximum takeoff weight for 

each airport altitude and ambient 

temperature within the range selected 

by the applicant at which— 

(i) The airplane complies with the 

climb requirements of SC 23.63(d)(1); 

and 

(ii) The accelerate-stop distance 

determined under SC 23.55 is equal to 

the available runway length plus the 

length of any stopway, if utilized; and 

either: 

(iii) The takeoff distance determined 

under SC 23.59(a) is equal to the 

available runway length; or 

(iv) At the option of the applicant, the 

takeoff distance determined under SC 

23.59(a) is equal to the available runway 

length plus the length of any clearway 

and the takeoff run determined under 

SC 23.59(b) is equal to the available 

runway length. 

(5) The maximum landing weight for 

each airport altitude within the range 

selected by the applicant at which— 

(i) The airplane complies with the 

climb requirements of SC 23.63(d)(2) for 

ambient temperatures within the range 

selected by the applicant; and 

(ii) The landing distance determined 

under § 23.75 for standard temperatures 

is equal to the available runway length. 

(6) The maximum zero wing fuel 

weight, where relevant, as established in 

accordance with § 23.343. 

(d) Center of gravity. The established 

center of gravity limits. 

(e) Maneuvers. The following 

authorized maneuvers, appropriate 

airspeed limitations, and unauthorized 

maneuvers, as prescribed in this section. 

(1) [Reserved] 

(2) [Reserved] 

(3) [Reserved] 

(4) [Reserved] 

(5) Maneuvers are limited to any 

maneuver incident to normal flying, 

stalls, (except whip stalls) and steep 

turns in which the angle of bank is not 

more than 60 degrees. 

(f) Maneuver load factor. The positive 

limit load factors in g’s. 

(g) Minimum flight crew. The number 

and functions of the minimum flight 

crew determined under § 23.1523. 

(h) Kinds of operation. A list of the 

kinds of operation to which the airplane 

is limited or from which it is prohibited 

under § 23.1525, and also a list of 

installed equipment that affects any 

operating limitation and identification 

as to the equipment’s required 

operational status for the kinds of 

operation for which approval has been 

given. 

(i) Maximum operating altitude. The 

maximum altitude established under 

§ 23.1527. 

(j) Maximum passenger seating 

configuration. The maximum passengerseating configuration. 

(k) Allowable lateral fuel loading. The 

maximum allowable lateral fuel loading 

differential, if less than the maximum 

possible. 

(l) Baggage and cargo loading. The 

following information for each baggage 

and cargo compartment or zone— 

(1) The maximum allowable load; and 

(2) The maximum intensity of 

loading. 

(m) Systems. Any limitations on the 

use of airplane systems and equipment. 

(n) Ambient temperatures. Where 

appropriate, maximum and minimum 

ambient air temperatures for operation. 

(o) Smoking. Any restrictions on 

smoking in the airplane. 

(p) Types of surface. A statement of 

the types of surface on which operations 

may be conducted. (See SC 23.45(g) and 

SC 23.1587(a)(4) and SC 23.1587(d)(4)). 

24. SC 23.1585 Operating Procedures 

Instead of compliance with § 23.1585, 

the following apply: 

(a) Information concerning normal, 

abnormal (if applicable), and emergency 

procedures and other pertinent 

information necessary for safe operation 

and the achievement of the scheduled 

performance must be furnished, 

including— 

(1) An explanation of significant or 

unusual flight or ground handling 

characteristics; 

(2) The maximum demonstrated 

values of crosswind for takeoff and 

landing, and procedures and 

information pertinent to operations in 

crosswinds; 


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(3) A recommended speed for flight in 

rough air. This speed must be chosen to 

protect against the occurrence, as a 

result of gusts, of structural damage to 

the airplane and loss of control (for 

example, stalling); 

(4) Procedures for restarting any 

turbine engine in flight, including the 

effects of altitude; and 

(5) Procedures, speeds, and 

configuration(s) for making a normal 

approach and landing, in accordance 

with SC 23.73 and § 23.75, and a 

transition to the balked landing 

condition. 

(6) [Reserved] 

(b) [Reserved] 

(c) In addition to paragraph (a) of this 

special condition, the following 

information must be furnished: 

(1) Procedures, speeds, and 

configuration(s) for making an approach 

and landing with one engine 

inoperative; 

(2) Procedures, speeds, and 

configuration(s) for making a balked 

landing with one engine inoperative and 

the conditions under which a balked 

landing can be performed safely, or a 

warning against attempting a balked 

landing; 

(3) The VSSE determined in § 23.149; 

and 

(4) Procedures for restarting any 

engine in flight including the effects of 

altitude. 

(d) [Reserved] 

(e) [Reserved] 

(f) In addition to paragraphs (a) and 

(c) of this section, the information must 

include the following: 

(1) Procedures, speeds, and 

configuration(s) for making a normal 

takeoff. 

(2) Procedures and speeds for carrying 

out an accelerate-stop in accordance 

with SC 23.55. 

(3) Procedures and speeds for 

continuing a takeoff following engine 

failure in accordance with SC 

23.59(a)(1) and for following the flight 

path determined under SC 23.57 and SC 

23.61(a). 

(g) Information identifying each 

operating condition in which the fuel 

system independence prescribed in 

§ 23.953 is necessary for safety must be 

furnished, together with instructions for 

placing the fuel system in a 

configuration used to show compliance 

with that section. 

(h) For each airplane showing 

compliance with § 23.1353(g)(2) or 

(g)(3), the operating procedures for 

disconnecting the battery from its 

charging source must be furnished. 

(i) Information on the total quantity of 

usable fuel for each fuel tank, and the 

effect on the usable fuel quantity, as a 

result of a failure of any pump, must be 

furnished. 

(j) Procedures for the safe operation of 

the airplane’s systems and equipment, 

both in normal use and in the event of 

malfunction, must be furnished. 

25. SC 23.1587 Performance 

Information 

Instead of compliance with § 23.1587, 

the following apply: 

Unless otherwise prescribed, 

performance information must be 

provided over the altitude and 

temperature ranges required by SC 

23.45(b). 

(a) The following information must be 

furnished— 

(1) The stalling speeds VSO and VS1

with the landing gear and wing flaps 

retracted, determined at maximum 

weight under § 23.49, and the effect on 

these stalling speeds of angles of bank 

up to 60 degrees; 

(2) The steady rate and gradient of 

climb with all engines operating, 

determined under § 23.69(a); 

(3) The landing distance, determined 

under § 23.75 for each airport altitude 

and standard temperature, and the type 

of surface for which it is valid; 

(4) The effect on landing distances of 

operation on other than smooth hard 

surfaces, when dry, determined under 

SC 23.45(g); and 

(5) The effect on landing distances of 

runway slope and 50 percent of the 

headwind component and 150 percent 

of the tailwind component. 

(b) [Reserved]. 

(c) [Reserved] 

(d) In addition to paragraph (a) of this 

section, the following information must 

be furnished— 

(1) The accelerate-stop distance 

determined under SC 23.55; 

(2) The takeoff distance determined 

under SC 23.59(a); 

(3) At the option of the applicant, the 

takeoff run determined under SC 

23.59(b); 

(4) The effect on accelerate-stop 

distance, takeoff distance and, if 

determined, takeoff run, of operation on 

other than smooth hard surfaces, when 

dry, determined under SC 23.45(g); 

(5) The effect on accelerate-stop 

distance, takeoff distance, and if 

determined, takeoff run, of runway 

slope and 50 percent of the headwind 

component and 150 percent of the 

tailwind component; 

(6) The net takeoff flight path 

determined under SC 23.61(b); 

(7) The enroute gradient of climb/ 

descent with one engine inoperative, 

determined under § 23.69(b); 

(8) The effect, on the net takeoff flight 

path and on the enroute gradient of 

climb/descent with one engine 

inoperative, of 50 percent of the 

headwind component and 150 percent 

of the tailwind component; 

(9) Overweight landing performance 

information (determined by 

extrapolation and computed for the 

range of weights between the maximum 

landing and maximum takeoff weights) 

as follows— 

(i) The maximum weight for each 

airport altitude and ambient 

temperature at which the airplane 

complies with the climb requirements of 

SC 23.63(d)(2); and 

(ii) The landing distance determined 

under § 23.75 for each airport altitude 

and standard temperature. 

(10) The relationship between IAS 

and CAS determined in accordance with 

SC 23.1323(b) and (c). 

(11) The altimeter system calibration 

required by § 23.1325(e). 

Issued in Kansas City, Missouri on April 2, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8581 Filed 4–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE291; Special Conditions No. 

23–231–SC] 

Special Conditions: Spectrum 

Aeronautical, LLC Model 40; Lithium 

Polymer Battery Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Spectrum Aeronautical, 

LLC Model 40 (S–40) airplane. This 

airplane will have a novel or unusual 

design feature associated with the 

installation of lithium polymer (Li-Poly) 

batteries for emergency, main, and 

auxiliary power unit (APU) 

applications. 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: April 7, 2009. 

FOR FURTHER INFORMATION CONTACT: Jim 

Brady, Aerospace Engineer, Standards 


rwilkins on PROD1PC63 with RULES