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53196 Federal Register / Vol. 72, No.

180 / Tuesday, September 18, 2007 / Proposed Rules

where DSi,T is institution i’s current dividend than 90 percent of an assessment for these Industries Model A700 airplane. This
share, T is the end of the most recent quarter years.) airplane will have a novel or unusual
for which assessment base data is available, 8. Institutions are assigned to 1 of 10 credit design feature(s) associated with an
wT is the weight assigned to the 1996 ratio groups and 1 of 6 assessment rate groups
based on December 31, 2006 Call Report and
External Centerline Fuel Tank (ECFT)
for period T, ab96,i is the 1996 assessment
base for institution i, T-k is the earliest TFR data, CAMELS information, and one- that increases the total capacity of fuel
period to be covered, which could be all time credits. An institution’s credits are by 184 gallons. The tank is located
periods after 2006 or some recent period, determined by its share of the December 31, below the fuselage pressure shell
such as the most recent 3, 5, 10 or 15 years, 1996 assessment base. An institution’s credit immediately below the wing. The Adam
pi,t is eligible premiums paid by institution group is determined by the ratio of its credits A700 ECFT is a novel, unusual and a
i at time t for the quarter ending at time t- to its December 31, 2006 deposits. Because potentially unsafe design feature that
1, and mT is total institutions as of time an institution’s initial relative dividend share may pose a hazard to the occupants
T.23, 24 is determined analogously, based upon the
ratio of its share of the December 31, 1996
during a gear-up or emergency landing
Appendix B—Model Assumptions assessment base to its share of the December due to fuel leakage and subsequent fire.
31, 2006 deposits, institutions in the same Traditional aircraft construction places
Among other things, the model assumes
credit group will have similar relative the fuel tanks in a protected area within
the following:
1. Investment income in 2007 equals 4.7 dividend shares. In the tables and charts in the wings and/or fuselage. Fuel tanks
percent of the start-of-year fund balance. For the text comparing the relative dividend located in these areas are well above the
each year thereafter, it equals 4.57 percent of shares under alternative allocation methods, fuselage skin and are inherently
the ‘‘oldest’’ group refers to the credit group protected by the wing and fuselage
that year’s starting fund balance. These
with the most credits relative to their
estimates are based on projections from an
December 31, 2006 deposits, those whose
structure. The applicable airworthiness
investment model that relies on Blue Chip regulations do not contain adequate or
credits are more than 12 basis points of their
forecasts of the yield curve through 3rd appropriate safety standards for this
December 31, 2006 deposits. The initial
quarter 2008. design feature. These proposed special
weighted average of credits-to-deposits for
2. The initial assessment rate schedule is
the credit group is 15.6 basis points. conditions contain the additional safety
3 basis points above the base rate schedule;
9. High fund losses correspond to the standards that the Administrator
thus, the initial minimum rate is 5 basis
losses incurred by the Bank Insurance Fund considers necessary to establish a level
points. Rates fall to base rates the year after
from 1987 to 1994, with losses measured of safety equivalent to that established
the fund reserve ratio reaches or exceeds 1.25
relative to total domestic deposits. Low fund
percent. Risk Category I institutions that pay by the existing airworthiness standards.
losses assume losses are equal to 0.1 basis
rates between the minimum and maximum DATES: Comments must be received on
points of domestic deposits each year.
rate for the category are assumed to pay 0.6 or before November 19, 2007.
basis points above the minimum rate, which Dated at Washington, DC, this 11th day of
September, 2007. ADDRESSES: Comments on this proposal
reflects the current weighted average rate for
the group. By order of the Board of Directors. may be mailed in duplicate to: Federal
3. Any restoration plan is assumed to be a Federal Deposit Insurance Corporation. Aviation Administration (FAA),
5 year plan. Surcharges in a restoration plan Robert E. Feldman,
Regional Counsel, ACE–7, Attention:
are estimated using an iterative procedure to Rules Docket, Docket No. CE273, 901
Executive Secretary.
account for the effect of credit use. During a Locust, Room 506, Kansas City,
restoration plan, an institution may use no [FR Doc. 07–4596 Filed 9–17–07; 8:45 am] Missouri 64106, or delivered in
more than 3 basis points in credit use. BILLING CODE 6714–01–P duplicate to the Regional Counsel at the
4. Operating expenses for 2007 are $988 above address. Comments must be
million and grow at an annual rate of 5
marked: CE273. Comments may be
percent thereafter.
5. Insured and domestic deposits are DEPARTMENT OF TRANSPORTATION inspected in the Rules Docket
assumed to grow at 5 percent per year. weekdays, except Federal holidays,
6. The beginning fund balance at 2007 Federal Aviation Administration between 7:30 a.m. and 4 p.m.
equals $50,165 million. FOR FURTHER INFORMATION CONTACT: Mr.
7. Credit use is limited by the 90 percent 14 CFR Part 23 Peter L. Rouse, Federal Aviation
rule during 2008, 2009, and 2010. (No [Docket No. CE273; Notice No. 23–07–03– Administration, Aircraft Certification
institution may apply credits to offset more SC] Service, Small Airplane Directorate,
23 Under Variation 2 described in the text, T-k
ACE–111, 901 Locust, Kansas City,
Special Conditions: Adam Aircraft Missouri, 816–329–4135, fax 816–329–
would not include any year before 2007. When a
dividend share in any year depended upon
Industries Model A700; External Fuel 4090.
premiums paid before 1997, the premiums would Tank Protection During Gear-Up or
SUPPLEMENTARY INFORMATION:
be factored into wT rather than being included in Emergency Landing
pi,t. Comments Invited
AGENCY: Federal Aviation
rwilkins on PROD1PC63 with PROPOSALS

24 If an institution failed after the end of the

quarter on which dividend shares were calculated Administration (FAA), DOT. Interested persons are invited to
(which will always be the fourth quarter), but before
ACTION: Notice of proposed special participate in the making of these
distribution of a dividend, a final adjustment of proposed special conditions by
dividend shares may be necessary. This share conditions.
would be calculated simply by deleting the failed
submitting such written data, views, or
institution’s payments and 1996 ratio from the SUMMARY: This notice proposes special arguments, as they may desire.
EP18SE07.017</GPH>

preceding formulas. conditions for the Adam Aircraft Communications should identify the

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules 53197

regulatory docket or notice number and acknowledge receipt of their comments engines mounted on the aft fuselage.
be submitted in duplicate to the address submitted in response to this notice The A700 aircraft is a design evolution
specified above. All communications must include with those comments a of the previously certificated Adam
received on or before the closing date self-addressed, stamped postcard on A500, with the aft fuselage mounted
for comments will be considered by the which the following statement is made: turbofan engines replacing the two
Administrator. The proposals described ‘‘Comments to CE273.’’ The postcard centerline thrust, turbocharged,
in this notice may be changed in light will be date stamped and returned to the reciprocating engines. To maintain a
of the comments received. All commenter. max cruise range similar to the A500
comments received will be available in and consistent with other aircraft in the
the Rules Docket for examination by Background
same class as the A700, an external fuel
interested persons, both before and after On April 12, 2004, Adam Aircraft
tank located below the fuselage pressure
the closing date for comments. A report Industries applied for a type certificate
shell and immediately below the wing,
summarizing each substantive public for their new model A700. The model
contact with FAA personnel concerning A700 aircraft is a 6–8 seat pressurized, has been incorporated in to the A700
this rulemaking will be filed in the retractable-gear, carbon composite design. The A700 and its external fuel
docket. Persons wishing the FAA to structure, airplane with two turbofan tank location are shown in Figure 1:

The Adam A700 ECFT is a novel, gear-up or emergency landing loads in 21.21(b)(2), 23.303, 23.473(d), 23.561,
unusual and a potentially unsafe design a similar manner. 23.721, 23.967, 23.994 and 25.963.
feature that may pose a hazard to the 2. Fuel Management: Conventional The following rules provide a
occupants during a gear-up or design approaches use fuel tanks regulatory framework in which to apply
emergency landing due to fuel leakage located outside of the wings, or wing additional requirements, beyond the
and subsequent fire. Conventional centerbox, as auxiliary fuel tanks, and existing requirements, in order to
aircraft construction places the fuel not primary fuel tanks. The fuel in the address novel, unusual and potentially
tanks in a protected area within the auxiliary fuel tanks is depleted before unsafe design features.
wings and/or fuselage. Fuel tanks the primary fuel tanks, thus the A special condition is defined in 14
located in these areas are well above the auxiliary tanks are usually empty upon CFR part 11, § 11.19:
fuselage skin and are inherently landing. In a similar manner, the A700 § 11.19
protected by the wing and fuselage ECFT must be an auxiliary fuel tank, A special condition is a regulation that
structure. and not primary fuel tank. The A700 applies to a particular aircraft design. The
The A700 ECFT must meet the must deplete the fuel in the ECFT before FAA issues special conditions when we find
inherent qualities associated with the depleting the fuel in the primary fuel that the airworthiness regulations for an
protection of the fuel system as tanks. aircraft, aircraft engine, or propeller design
provided by 14 CFR part 23. The FAA 3. Location/Geometry: A700 must do not contain adequate or appropriate safety
requires Adam Aircraft to address the standards, because of a novel or unusual
preclude the scenario where the fuel design feature.
following areas with their ECFT design: tank is the first point of contact with the
1. Load Path: Conventional design ground in a gear-up or emergency A special condition is applied via the
rwilkins on PROD1PC63 with PROPOSALS

approaches establish independent load landing. criteria defined in 14 CFR part 21,
paths from the keel/skid plate to the § 21.16:
Regulatory Review and Discussion
airframe major structure where the fuel § 21.16
tanks are isolated from reacting the gear- 14 CFR part 11, 21, 23 and 25 [If the Administrator finds that the
up or emergency landing loads. The regulations that pertain to the location airworthiness regulations of this subchapter
EP18SE07.034</GPH>

A700 ECFT design must react to the of the ECFT location are §§ 11.19, 21.16, do not contain adequate or appropriate safety

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53198 Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules

standards for an aircraft, aircraft engine, or directions), the failure mode is not likely to § 23.967(a):
propeller because of a novel or unusual cause the spillage of enough fuel from any Each fuel tank must be able to withstand,
design feature of the aircraft, aircraft engine part of the fuel system to constitute a fire without failure, the vibration, inertia, fluid,
or propeller, he prescribes special conditions hazard. and structural loads that it may be subjected
and amendments thereto for the product. The (b) Each airplane must be designed so that, to in operation.
special conditions are issued in accordance with the airplane under control, it can be
with Part 11 of this chapter and contain such landed on a paved runway with any one or § 23.967(e):
safety standards for the aircraft, aircraft more landing-gear legs not extended without Fuel tanks must be designed, located, and
engine or propeller as the Administrator sustaining a structural component failure that installed so as to retain fuel:
finds necessary to establish a level of safety is likely to cause the spillage of enough fuel (1) When subjected to the inertia loads
equivalent to that established in the to constitute a fire hazard. resulting from the ultimate static load factors
regulations.] (c) Compliance with the provisions of this prescribed in § 23.561(b)(2) of this part; and
section may be shown by analysis or tests, or (2) Under conditions likely to occur when
An unsafe condition is spoken to in both.]
14 CFR part 21, § 21.21(b)(2): the airplane lands on a paved runway at a
14 CFR part 23, 23.303 and 23.473(d) normal landing speed under each of the
§ 21.21 following conditions:
relate to the associated margin of safety
An applicant is entitled to a type certificate required above the limit loading (i) The airplane in a normal attitude and
for an aircraft in the normal, utility, its landing gear retracted.
condition and the required limit ground
acrobatic, commuter, or transport category, or (ii) The most critical landing gear leg
for a manned free balloon, special class of
loading conditions. 14 CFR part 23, collapsed and the other landing gear legs
aircraft, or an aircraft engine or propeller, if— § 23.721 is applicable to commuter extended.
(b) The applicant submits the type design, category airplanes; however, the intent
§ 23.994
test reports, and computations necessary to is to ensure that the failure of the
show that the product to be certificated meets landing gear does not cause the spillage Fuel system components in an engine
the applicable airworthiness, aircraft noise, of enough fuel from any part of the fuel nacelle or in the fuselage must be protected
fuel venting, and exhaust emission from damage which could result in spillage
system to constitute a fire hazard. The of enough fuel to constitute a fire hazard as
requirements of the Federal Aviation location of the ECFT, in direct line
Regulations and any special conditions a result of a wheels-up landing on a paved
behind the nose landing gear, makes it runway.
prescribed by the Administrator, and the
Administrator finds—
particularly vulnerable to failures of the
nose landing gear. The regulatory requirements of
(2) For an aircraft, that no feature or § 23.967(e)(1) refer to § 23.561(b)(2),
characteristic makes it unsafe for the category 14 CFR part 23 contains a limited
in which certification is requested. scope of regulatory requirements which is an occupant protection rule.
pertaining to fuel tank (and fuel system) The requirements of § 23.561(b)(2) do
External fuel tank installations below not have a downward component for
protection during a gear-up or
the wing or fuselage were not non commuter category airplanes. To
emergency landing. These current
envisioned in the development of 14 comply with the requirements of
regulations pertaining to the fuel tank
CFR part 23 fuel tank (and fuel system) § 23.967(e)(2), the moderate descent
(and fuel system) state:
regulations. As such, regulations that velocity identified in § 23.561(c)(2),
are not directly applicable to § 23.561(b)
which is also an occupant protection
conventional fuel tank installations, but The structure must be designed to [give rule, has been used as an acceptable
related to the novel, unusual and each occupant every reasonable chance of
escaping serious injury when—] means of compliance for traditional fuel
potentially unsafe design features, were tank designs that do not have novel,
(1) Proper use is made of seats, safety belts,
reviewed. The following 14 CFR part 23 and shoulder harnesses provided for in the unusual and potentially unsafe design
certification requirements do contain design; features. These regulations have
regulatory language that can be used to (2) The occupant experiences the static historically demonstrated an acceptable
determine the adequate or appropriate inertia loads corresponding to the following level of safety for traditional fuel tank
safety standards for novel, unusual and ultimate load factors— designs that do not have novel, unusual
potentially unsafe design features of the (i) Upward, 3.0g for normal, utility, and
commuter category airplanes, or 4.5g for
and potentially unsafe design features.
Adam A700 ECFT. Existing aircraft designs with this
acrobatic category airplanes;
§ 23.303 (ii) Forward, 9.0g; satisfactory service history have the fuel
Unless otherwise provided, a factor of (iii) Sideward, 1.5g; and tanks located well above the fuselage
safety of 1.5 must be used. (iv) Downward, 6.0g when certification to skin and are inherently protected by the
§ 23.473(d) the emergency exit provisions of Sec. wing and the fuselage structure, thus
23.807(d)(4) is requested; and providing a ‘‘crush zone.’’
The selected limit vertical inertia load (3) The items of mass within the cabin, that
factor at the center of gravity of the airplane could injure an occupant, experience the
The intent of 14 CFR part 23, § 23.994
for the ground load conditions prescribed in static inertia loads corresponding to the is to minimize the hazard to the airplane
this subpart may not be less than that which following ultimate load factors— due to fuel system components that are
would be obtained when landing with a (i) Upward, 3.0g; affected (those which are traditionally
descent velocity (V), in feet per second, equal (ii) Forward, 18.0g; and located in the fuselage or engine
to 4.4 (W/S) 1⁄4 except that this velocity need (iii) Sideward, 4.5g. nacelle) when the underside of the
not be more than 10 feet per second and may airplane contacts the ground in a
§ 23.561(c)
not be less than seven feet per second.
Each airplane with retractable landing gear wheels-up landing. The intent is
§ 23.721 must be designed to protect each occupant in applicable to those components below
[For commuter category airplanes that have a landing— the fuselage.
a passenger seating configuration, excluding (1) With the wheels retracted; 14 CFR part 23 guidance materials
rwilkins on PROD1PC63 with PROPOSALS

pilot seats, of 10 or more, the following (2) With moderate descent velocity; and recognize there may be situations when
general requirements for the landing gear (3) Assuming, in the absence of a more
apply:
installing auxiliary fuel tanks that
rational analysis—
(a) The main landing-gear system must be (i) A downward ultimate inertia force of 3g; require special conditions because of a
designed so that if it fails due to overloads and novel, unusual and potentially unsafe
during takeoff and landing (assuming the (ii) A coefficient of friction of 0.5 at the design feature. Advisory Circular (AC)
overloads to act in the upward and aft ground. 23–10, Auxiliary Fuel Systems for

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules 53199

Reciprocating and Turbine Powered Part 14 CFR part 25, § 25.963(e) is associated with the 740 reported
23 Airplanes, states in paragraph 5: applicable to transport category incidents/accidents. All of the reported
5. CERTIFICATION BASIS airplanes, and only applies to the access incidents/accidents involved aircraft
a. New Type Certificates. For the issuance
panels; however, the object is to prevent having fuel in the center section of the
of a new type certificate, an airplane must be a hazard as a result of the impact by tire wing area confined by the front and rear
shown to comply with the certification basis fragments or debris. This philosophy spars and the side of body wing ribs.
established in accordance with § 21.17 of the would be applied to the ECFT (not just The data shows a high probability for a
Federal Aviation Regulations (FAR). If the access panels) to prevent hazardous landing gear failure, malfunction or not
regulations do not provide adequate or leakage of fuel in the event of impact being extended during landing and that
appropriate standards because of a novel or from tire fragments or other likely there is a good safety record for
unusual design feature, special conditions debris. configurations involved in these
will be prescribed in accordance with 14 CFR part 25 guidance materials incidents/accidents. The certification
§ 21.16.
b. Other Design Changes. Not applicable
also recognize the need to protect the standards for the Adam A700 ECFT
for new TCs. auxiliary fuel tanks beyond the need to consider the placement of the
c. Unsafe Features or Characteristics. velocities used as an acceptable means ECFT outside of the protective wing
Notwithstanding compliance with the of compliance. The first chapter of AC area confined by the front and rear spars
established certification basis, § 21.21 25–8, Auxiliary Fuel Systems and the side of body wing ribs
precludes approval if there is any feature or Installations, is titled ‘‘Fuel System configurations, and the high probability
characteristic that makes the airplane unsafe. Installation Integrity and of the ECFT contacting the ground.
The applicant should recognize that it may Crashworthiness’’ and the first
be necessary, because of such a feature or
Because of the Adam A700 ECFT’s
paragraph states the following: novel, unusual and potentially unsafe
characteristic, to impose special
requirements which exceed the standards of ‘‘Survivable accidents have occurred at design features, it is necessary to impose
the certification basis, to eliminate the unsafe vertical descent velocities greater than the 5 a specific vertical velocity requirement
condition. feet per second (f.p.s.) referenced in § 25.561. that exceed the 5 feet per second
The energy from such descents is absorbed requirement normally imposed on
Since 14 CFR part 23 airworthiness by the structure along the lower fuselage. As conventional airplane fuel tank designs.
regulations do not contain adequate or the limits of survivable accidents are
Conventionally installed fuel tanks,
appropriate safety standards for the approached, structure under the main cabin
floor is crushed and deformed and the located within the fuselage and wing
external fuel tank design, a review of the primary structure, have used
safety standards contained in 14 CFR volume below the floor, where the auxiliary
fuel tanks are frequently located, may be § 23.561(c)(2) as an acceptable means of
part 25 was conducted to evaluate their compliance to the requirements of
reduced and reshaped. For this reason the
applicability to the novel, unusual and tank material chosen by the applicant should § 23.967(e)(2). Fuel tank installations are
potentially unsafe design feature of the provide resilience and flexibility; or, in the not bound by regulatory requirements to
ECFT. 14 CFR part 25, § 25.963 has absence of these characteristics, the tank use § 23.561(c)(2) as an acceptable
regulatory requirements that ensure that installation should provide extra clearance means of compliance to the
fuel tanks within the fuselage contour from structure that can be crushed or be
requirements of § 23.967(e)(2). The
are in a protected position. protected by primary structure not likely to
be crushed.’’ standards contained in § 23.561(c)(2),
§ 25.963(d): which is an occupant protection rule,
Fuel tanks within the fuselage contour Due to the concern of the Adam A700 provided adequate or appropriate
must be able to resist rupture, and to retain ECFT to potentially contact the ground standards for conventionally installed
fuel, under the inertia forces prescribed for in a gear-up or emergency landing, we fuel tanks. Initially, the FAA proposed
the emergency landing conditions in Sec. contacted the FAA Office of Accident to use the vertical velocity requirements
25.561. In addition, these tanks must be in Investigation, Safety Analysis Branch to (26.8 feet per second) contained in
a protected position so that exposure of the determine the number of incidents/
tanks to scraping action with the ground is
§ 23.562 as a means of compliance to the
accident where an aircraft landed with requirements of § 23.967(e)(2), as this
unlikely.
the landing gear retracted or the landing rule is also an occupant protection rule.
§ 25.963(e)(1): gear collapsed on the ground. The The velocities cited in the two occupant
Fuel tank access covers must comply with
search used was conducted over a 25 protection rules range from 5 feet per
the following criteria in order to avoid loss year period from January 1982 thru second to 26.8 feet per second. The
of hazardous quantities of fuel: January 2007, and queried all N- velocity cited in § 23.561(c)(2) is the
(1) All covers located in an area where registered aircraft that were not 14 CFR velocity for a minor crash landing,
experience or analysis indicates a strike is parts 121, 135, or 129 and that had at where the velocity in § 23.562 is the
likely must be shown by analysis or tests to least one of the following occurrence upper limit of a survivable crash
minimize penetration and deformation by codes: landing. The requirements contained in
tire fragments, low energy engine debris, or
Gear Collapsed § 23.967(e)(2) allow for the conditions
other likely debris.
Main Gear Collapsed likely to occur, and the range of
14 CFR part 25, § 25.963(d) is Nose Gear Collapsed velocities likely to occur during a
applicable to transport category Tail Gear Collapsed survivable crash landing is 5 feet per
airplanes; however, the object is to Complete Gear Collapsed second–26.8 feet per second; therefore,
ensure that in the event of an emergency Other Gear Collapsed there is ample regulatory room in which
landing, the fuel tank is in a protected Gear Not Extended to determine an acceptable means of
position so that exposure of the tank to Gear Not Retracted compliance. The FAA proposal to use
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scraping action with the ground is Gear Retraction On Ground the vertical velocity requirements
unlikely. The location of the ECFT, During the queried timeframe, there contained in § 23.562 as a means of
located below the fuselage, makes it were 740 reported incidents/accidents, compliance to the requirements of
particularly vulnerable to scraping which yields an average of about 30 § 23.967(e)(2) for the initially proposed
action with the ground in the event of reported incidents/accidents per year. ECFT design, was withdrawn by the
a gear-up landing. There were no injuries or fatalities FAA due to Adam Aircraft proposing to

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53200 Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules

redesign the ECFT. As such, the FAA requires that the aircraft be able to V 22 = V 12 + 2ad
researched the standards within 14 CFR absorb a limit load imposed by a vertical
part 23 to determine a vertical velocity descent velocity of 10 feet per second The relationship between force and
within the range of velocities likely to for landing conditions. Combining the acceleration is shown by the equation:
occur that provide adequate or velocity requirements of § 23.473(d) and
appropriate standards, mitigate a commensurate 1.5 factor of safety, as F = ma
potential unsafe conditions. The normal required by § 23.303, would result in a
precision approach speed for the Adam The relationship between limit force
vertical descent velocity of 12.25 feet
A700 will be approximately 120 KIAS. (load) and ultimate force (load) is shown
per second. The derivation used to
This approach speed will result in a by the equation:
determine the ultimate velocity based
normal vertical descent velocity of 10.6 upon the § 23.473(d) limit vertical
feet per second. The normal precision FUltimate = FLimit CFactorofSafety
inertia load and the factor of safety
approach speed is a speed that falls defined in § 23.303 is shown below:
within the speeds that are likely to Assuming a constant mass of the object,
occur when the airplane lands on a The relationship between velocity, an ending velocity of zero and grouping
paved runway at a normal landing acceleration and distance is shown by the terms:
speed. 14 CFR part 23, § 23.473(d) the equation:

FLimit FLimit C FactorofSafety


2
VLimit =2 d and 2
VUltimate =2 d
m m

Thus, the relationship between limit fuel tanks, and they do not feed the for the model A700 because of a novel
velocity and ultimate velocity is shown engines directly, but rather are used to or unusual design feature, special
by the equation: replenish the primary fuel tanks. The conditions are prescribed under the
A700 ECFT design indicates the ECFT is provisions of § 21.16.
VUltimate = VLimit C FactorofSafety an auxiliary fuel tank, does not feed the In addition to the applicable
engines directly and is used to replenish airworthiness regulations and special
Conventional airplanes with fuel the primary fuel tanks. conditions, the model A700 must
tanks located below the fuselage are Based on our current understanding comply with the fuel vent and exhaust
designed such that the ground impact of the A700 ECTF design, the FAA emission requirements of 14 CFR part
loads are not absorbed by the tanks. understands that Adam Aircraft may 34 and the noise certification
Fuel tanks in these locations are have provided the following mitigating requirements of 14 CFR part 36, and the
especially vulnerable to these ground design features: FAA must issue a finding of regulatory
impact loads if design precautions/ 1. The keel and truss assembly that adequacy pursuant to § 611 of Public
mitigations are not taken. If the ECFT is make up the protective structure in Law 92–574, the ‘‘Noise Control Act of
designed such that it absorbs gear-up current A700 ECFT design configuration 1972’’.
landing loads, a gear-up landing could affords the equivalent level of protection Special conditions, as appropriate, as
damage the ECFT and result in the as currently certificated aircraft with defined in § 11.19, are issued in
spillage of enough fuel to constitute a fuel tanks located in the wings, or wing accordance with § 11.38, and become
fire hazard. The location of the A700 centerbox. part of the type certification basis in
ECFT should be evaluated for ground 2. The ECFT is an auxiliary fuel tank, accordance with § 21.17(a)(2).
impact in a gear-up landing, and design and it does not feed the engines directly Special conditions are initially
precautions/mitigations should be taken and is used to replenish the primary applicable to the model for which they
such that load paths do not go through fuel tanks. The fuel in the ECFT will be are issued. Should the type certificate
the fuel tanks. The location of the A700 used before the fuel in the wing tanks. for that model be amended later to
ECFT should be evaluated for exposure The mitigating features offered by include any other model that

EP18SE07.022</MATH>
of the tank to impact from runway Adam Aircraft: Independent load path, incorporates the same novel or unusual
debris or from fragments emanating fuel management, and location/ design feature, the special conditions
from failures of the tires. The location geometry, coupled with dynamic drop would also apply to the other model
of the ECFT, below and in direct line testing and a rational analysis provide under the provisions of § 21.101(a)(1).
behind the nose landing gear, makes it the FAA with sufficient justification to
Novel or Unusual Design Features EP18SE07.021</MATH>
particularly vulnerable to debris from reduce the descent velocity from 12.25
failures of the nose landing gear tires. feet per second to no less than 5 feet per The model A700 will incorporate the
The A700 ECFT, compared to other second. following novel or unusual design
somewhat similar designs, was the only features: External Centerline Fuel Tank
design that contained a significant Type Certification Basis
EP18SE07.020</MATH>

(ECFT).
percentage of the total fuel quantity of Under the provisions of 14 CFR 21.17,
fuel below the fuselage and the wing Adam Aircraft Industries must show Applicability
box. Existing somewhat similar designs that the model A700 meets the As discussed above, these proposed
have their relatively smaller percentage applicable provisions of 14 CFR part 23, special conditions are applicable to the
rwilkins on PROD1PC63 with PROPOSALS

EP18SE07.018</MATH> EP18SE07.019</MATH>

of the total fuel quantity in their lower as amended by Amendments 23–1 Adam Aircraft Industries Model A700.
fuselage tanks and it is transferred out through 23–55 thereto. Should Adam Aircraft Industries apply
to the primary fuel tanks, so they are If the Administrator finds that the at a later date for a change to the type
emptied early in the flight. The existing applicable airworthiness regulations certificate to include another model
somewhat similar designs use the fuel (i.e., 14 CFR part 23) do not contain incorporating the same novel or unusual
tanks below the fuselage as auxiliary adequate or appropriate safety standards design feature, the proposed special

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Proposed Rules 53201

conditions would apply to that model as of enough fuel from any part of the DEPARTMENT OF TRANSPORTATION
well under the provisions of external fuel tank system(s) located
§ 21.101(a)(1). beneath the fuselage to constitute a fire Federal Aviation Administration
Conclusion hazard.
14 CFR Part 71
This action affects only certain novel 2. The airplane must be designed so
that, with the airplane under control, it [Docket No. FAA–2007–28649; Airspace
or unusual design features on Adam Docket No. 07–ANM–10]
Aircraft Industries Model A700 can be landed on a paved runway with
airplanes. It is not a rule of general any one or more landing-gear legs not
Proposed Establishment of Class E
applicability, and it affects only the extended without sustaining a structural Airspace; Wheatland, WY
applicant who applied to the FAA for component failure that is likely to cause
approval of these features on the the spillage of enough fuel to constitute AGENCY: Federal Aviation
airplane. a fire hazard. Administration (FAA), DOT.
3. Compliance with the provisions of ACTION: Notice of proposed rulemaking
List of Subjects in 14 CFR Part 23
this section may be shown by analysis (NPRM).
Aircraft, Aviation safety, Signs and or tests, or both.
symbols. SUMMARY: This action proposes to
3. SC 23.994: Fuel system components establish Class E airspace at Wheatland,
Citation in external fuel tank system(s) located WY. Additional controlled airspace is
The authority citation for these beneath the fuselage must be protected necessary to accommodate aircraft using
proposed special conditions is as from damage which could result in a new Area Navigation (RNAV) Global
follows: spillage of enough fuel to constitute a Positioning System (GPS) Standard
Authority: 49 U.S.C. 106(g), 40113 and fire hazard as a result of a wheels-up Instrument Approach Procedure (SIAP)
44701; 14 CFR 21.16 and 21.17; and 14 CFR landing on a paved runway. at Phifer Airfield. The FAA is proposing
11.38 and 11.19. this action to enhance the safety and
4. SC 23.XXX: Fuel tanks within and
management of aircraft operations at
The Proposed Special Conditions below the fuselage contour must be
Phifer Airfield, Wheatland, WY.
Accordingly, pursuant to the installed in accordance with the
DATES: Comments must be received on
authority delegated to me by the requirements prescribed in Sec. 23.967.
External fuel tank system(s) located or before November 2, 2007.
Administrator, the following proposed ADDRESSES: Send comments on this
special conditions are issued as part of beneath the fuselage must have the
following design mitigations: proposal to the U.S. Department of
the type certification basis for the Adam Transportation, Docket Operations, M–
Aircraft Industries Model A700. 1. The external fuel tank system(s) 30, West Building Ground Floor, Room
1. SC 23.561(c): Each airplane with must be in a protected position so that @12–140, 1200 New Jersey Avenue, SE.,
retractable landing gear and external exposure of the tank to scraping action, Washington, DC 20590. Telephone (202)
fuel tank system(s) located beneath the or impact, with the ground is unlikely 366–9826. You must identify FAA
fuselage must be designed to protect during a gear-up landing of the most Docket No. FAA–2007–28649; Airspace
each occupant in a landing— critical landing gear or landing gears, Docket No. 07–ANM–10, at the
1. With the wheels retracted; when landing on a paved runway.
2. With descent velocity of 12.25 feet beginning of your comments. You may
per second UNLESS mitigating design 2. The external fuel tank system(s) also submit comments through the
features are incorporated that address: must be protected by dedicated Internet at http://dms.dot.gov.
i. Independent load path protective structure, and the protective FOR FURTHER INFORMATION CONTACT:
ii. Fuel management structure load paths must be Eldon Taylor, Federal Aviation
iii. Location/Geometry independent of the fuel system during a Administration, Western Service Area
iv. Other safety enhancing design gear-up landing of the most critical Office, System Support Group, 1601
features as proposed by the applicant landing gear or landing gears, when Lind Avenue, SW., Renton, WA 98057;
If adequate mitigation is demonstrated landing on a paved runway. telephone (425) 917–6726.
for all the above design features, the SUPPLEMENTARY INFORMATION:
FAA will reduce the descent velocity to 3. The hazard to the external fuel tank
no less than 5 feet per second. system(s) that results from impact by Comments Invited
and landing gear tire fragments or other Interested parties are invited to
likely debris must be minimized. participate in this proposed rulemaking
3. By defining, based on a rational
analysis, supported by tests: 4. The fuel management of the by submitting such written data, views,
i. A downward ultimate inertia force; external fuel tank system(s) must be or arguments, as they may desire.
and such that fuel in the external fuel tank Comments that provide the factual basis
ii. A coefficient of friction of 0.5, or system(s) is to be emptied prior to fuel supporting the views and suggestions
a rational analysis for a coefficient of in the main tanks. presented are particularly helpful in
friction, at the ground. developing reasoned regulatory
Issued in Kansas City, Missouri on
Compliance with SC 23.561(c)(2) will decisions on the proposal. Comments
September 11, 2007.
be demonstrated by dynamic drop test. are specifically invited on the overall
2. SC 23.721: The following general Kim Smith, regulatory, aeronautical, economic,
requirements for the landing gear apply: Manager, Small Airplane Directorate, Aircraft environmental, and energy-related
rwilkins on PROD1PC63 with PROPOSALS

1. The landing-gear system must be Certification Service. aspects of the proposal.


designed so that if it fails due to [FR Doc. E7–18342 Filed 9–17–07; 8:45 am] Communications should identify both
overloads during takeoff and landing BILLING CODE 4910–13–P docket numbers (FAA Docket No. FAA–
(assuming the overloads to act in the 2007–28649 and Airspace Docket No.
upward and aft directions), the failure 07–ANM–10) and be submitted in
mode is not likely to cause the spillage triplicate to Docket Operations (see

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