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Proposed Rules Federal Register

Vol. 72, No. 4

Monday, January 8, 2007

This section of the FEDERAL REGISTER 64106; telephone (816) 329–4134; This configuration also protects the
contains notices to the public of the proposed facsimile (816) 329–4090, e-mail at opposite engine from heat radiating
issuance of rules and regulations. The from the engine fire. Prevention,
purpose of these notices is to give interested identification, and containment are
persons an opportunity to participate in the SUPPLEMENTARY INFORMATION:
rule making prior to the adoption of the final traditional means of fire protection.
Comments Invited Prevention has been provided through
We invite interested people to take minimizing the potential for ignition of
part in this rulemaking by sending flammable fluids and vapors.
DEPARTMENT OF TRANSPORTATION written comments, data, or views. The Identification has been provided by
most helpful comments reference a locating engines within the pilots’
Federal Aviation Administration specific portion of the special primary field of view and/or with the
conditions, explain the reason for any incorporation of fire detection systems.
14 CFR Part 23 recommended change, and include This has provided both rapid detection
[Docket No. CE263; Notice No. 23–07–01– supporting data. We ask that you send of a fire and confirmation when it was
SC] us two copies of written comments. extinguished. Containment has been
We will file in the docket all provided through the isolation of
Special Conditions: Aviation comments we receive, as well as a designated fire zones through flammable
Technology Group, Incorporated, report summarizing each substantive fluid shutoff valves and firewalls. This
Javelin Model 100; Firewalls for public contact with FAA personnel philosophy also ensures that
Fuselage Mounted Engines and Fire concerning these special conditions. components of the engine control
Extinguishing for Aft Fuselage You can inspect the docket before and system will function effectively to
Mounted Engines after the comment closing date. If you permit a safe shutdown of an engine.
wish to review the docket in person, go However, containment has only been
AGENCY: Federal Aviation
to the address in the ADDRESSES section
Administration (FAA), DOT. demonstrated for 15 minutes. If a fire
of this preamble between 7:30 a.m. and
ACTION: Notice of proposed special occurs in traditional Part 23 airplanes,
4 p.m., Monday through Friday, except
conditions. the appropriate corrective action is to
Federal holidays.
We will consider all comments we land as soon as possible. For a small,
SUMMARY: This action proposes special simple airplane originally envisioned by
conditions for the Aviation Technology receive on or before the closing date for
comments. We will consider comments Part 23, it is possible to descend and
Group, Incorporated, Javelin Model 100 land within 15 minutes. Thus, the
airplane. This airplane will have a novel filed late if it is possible to do so
without incurring expense or delay. We occupants can safely exit the airplane
or unusual design feature(s) associated before the firewall is breached. These
with aft mounted engine fire protection. may change these special conditions
based on the comments we receive. simple airplanes normally have the
The applicable airworthiness
If you want the FAA to acknowledge engine located away from critical flight
regulations do not contain adequate or
receipt of your comments on this control systems and primary structure.
appropriate safety standards for this
proposal, include with your comments This has ensured that, throughout a fire
design feature. These proposed special
conditions contain the additional safety a pre-addressed, stamped postcard on event, a pilot can continue safe flight,
standards that the Administrator which the docket number appears. We and it has made the prediction of fire
considers necessary to establish a level will stamp the date on the postcard and effects relatively easy.
of safety equivalent to that established mail it back to you. Title 14 CFR, part 23, did not envision
by the existing airworthiness standards. Background the type of configuration of the Javelin
DATES: We must receive your comments Model 100 airplane. The Javelin Model
On February 25, 2005, Aviation
by February 7, 2007. 100 incorporates two turbofan engines
Technology Group, Incorporated
ADDRESSES: Mail two copies of your applied for a type certificate for their located side-by-side in compartments in
comments to: Federal Aviation new Javelin Model 100. The Javelin the aft fuselage. These engines are not
Administration, Regional Counsel, Model 100, is a two-place acrobatic in the pilots’ field of view. Located
ACE–7, 901 Locust, Room 506, Kansas airplane with two fuselage mounted forward of the engines is a 280 gallon
City, Missouri 64106. You may deliver turbofan engines. fuel tank and associated components.
two copies to the Small Airplane Part 23 historically addressed fire Behind and above the engines are the
Directorate at the above address. Mark protection on multiengine airplanes horizontal and vertical tails. Passing
your comments: Docket No. CE263. You based on the assumption that the through or near the engines are primary
may inspect comments in the Rules engines are sufficiently separated to structure and systems to support these
Docket weekdays, except Federal essentially eliminate the possibility of critical flight controls. With the location
holidays, between 7:30 a.m. and 4 p.m. an engine fire spreading to another in the aft fuselage, the ability to visually
sroberts on PROD1PC70 with PROPOSALS

FOR FURTHER INFORMATION CONTACT: engine. On traditional multiengine detect a fire is minimal. The effects of
Leslie B. Taylor, Regulations & Policy airplanes, this has been achieved by a fire emanating from an enclosed
Branch, ACE–111, Federal Aviation locating engines on the wings separated engine installation are more varied,
Administration, Small Airplane by the fuselage. This configuration adverse, and more difficult to predict
Directorate, Aircraft Certification ensures that an engine fire on one side than an engine fire envisioned for
Service, 901 Locust, Kansas City, MO does not migrate to the opposite engine. typical part 23 airplanes.

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Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules 661

Type Certification Basis system be installed due to the engine each fire zone from any other zone and
Under 14 CFR 21.17, Aviation location, fire extinguishing is also the airplane to maintain isolation of the
Technology Group, Incorporated must considered a requirement. A sustained engines during a fire. Therefore, these
show that the Javelin Model 100 meets fire could result in loss of control of the special conditions mandate that the
the applicable provisions of part 23, as airplane and damage to primary firewall required by § 23.1191 be
amended by Amendments 23–1 through structure before an emergency landing extended to provide firewall isolation
23–55 thereto. could be made. Because of the location between either engine. These special
If the Administrator finds that the of critical structures and flight controls, conditions require that heat radiating
applicable airworthiness regulations in a means to minimize the probability of from a fire originating in any fire zone
14 CFR part 23 do not contain adequate re-ignition from occurring is necessary. must not affect components, airframe
or appropriate safety standards for the One acceptable method to minimize re- structure, systems, or flight controls in
Javelin Model 100 because of a novel or ignition is to install a two-shot system. adjacent compartments in a way that
unusual design feature, special The effects of a fire emanating from an endangers the airplane.
conditions are prescribed under § 21.16. enclosed engine installation are more Each fire zone should be ventilated to
In addition to the applicable varied, adverse, and more difficult to prevent the accumulation of flammable
airworthiness regulations and special predict than an engine fire envisioned vapors. It must also be designed such
conditions, the Javelin Model 100 must for typical part 23 airplanes. that it will not allow entry of flammable
comply with the fuel vent and exhaust fluids, vapors, or flames from other fire
emission requirements of 14 CFR part zones. It must be designed such that it
34 and the noise certification The engines are side-by-side in the aft does not create an additional fire hazard
requirements of 14 CFR part 36, and the fuselage so there is a need to maintain from the discharge of vapors or fluids.
FAA must issue a finding of regulatory isolation during a fire including heat 1. SC 23.1195—Add the requirements
adequacy under section 611 of Public transfer from the engine fire to the of § 23.1195 while deleting ‘‘For
Law 92–574, the ‘‘Noise Control Act of unaffected engine. There is also a need commuter category,’’ adding the
1972.’’ to prevent flammable vapors, flammable requirement to ‘‘minimize the
The FAA issues special conditions, as fluids, and flame from accumulating. probability of re-ignition,’’ and deleting
defined in § 11.19, under § 11.38, and Finally, there is a need to extinguish +the statement ‘‘An individual ‘one-
they become part of the type fires. shot’ system may be used.’’
certification basis under § 21.17(a)(2).
Special conditions are initially Applicability 23.1195, Fire Extinguishing Systems
applicable to the model for which they As discussed above, these special (a) Fire extinguishing systems must be
are issued. Should the type certificate conditions are applicable to the Javelin installed and compliance shown with
for that model be amended later to Model 100. Should Aviation the following:
include any other model that Technology Group, Incorporated, apply (1) Except for combustor, turbine, and
incorporates the same or similar novel later for a change to the type certificate tailpipe sections of turbine-engine
or unusual design feature, the special to include another model incorporating installations that contain lines or
conditions would also apply to the other the same novel or unusual design components carrying flammable fluids
model under § 21.101. feature, the special conditions would or gases for which a fire originating in
apply to that model as well. these sections is shown to be
Novel or Unusual Design Features
The Javelin Model 100 will Conclusion controllable, a fire extinguisher system
incorporate the following novel or This action affects only certain novel must serve each engine compartment;
unusual design features: The Javelin or unusual design features on one model (2) The fire extinguishing system, the
Model 100 incorporates two turbofan of airplane. It is not a rule of general quantity of extinguishing agent, the rate
engines located side-by-side in applicability, and it affects only the of discharge, and the discharge
compartments in the aft fuselage. These applicant who applied to the FAA for distribution must be adequate to
engines are not in the pilots’ field of approval of these features on the extinguish fires and minimize the
view. Located forward of the engines is airplane. probability of re-ignition;
a 280 gallon fuel tank and associated (3) The fire extinguishing system for
components. Behind and above the List of Subjects in 14 CFR Part 23 a nacelle must be able to simultaneously
engines are the horizontal and vertical Aircraft, Aviation safety, Signs and protect each compartment of the nacelle
tails. Passing through or near the symbols. for which protection is provided.
engines are primary structure and The authority citation for these (b) If an auxiliary power unit is
systems to support these critical flight special conditions is as follows: installed in any airplane certificated to
controls. The effects of a fire in such a this part, that auxiliary power unit
Authority: 49 U.S.C. 106(g), 40113, and
compartment are more varied and compartment must be served by a fire
44701; 14 CFR 21.16 and 21.17; and 14 CFR
adverse than the typical engine fire in 11.38 and 11.19. extinguishing system meeting the
a simple Part 23 airplane. With the requirements of paragraph (a)(2) of this
location in the aft fuselage, the ability to The Proposed Special Conditions section.
visually detect a fire is minimal. Accordingly, the Federal Aviation 2. SC 23.1197—Add the requirements
However, the ability to extinguish an Administration (FAA) proposes the of § 23.1197 while deleting ‘‘For
engine fire becomes extremely critical following special conditions as part of commuter category airplanes.’’
with the Javelin engine location. The the type certification basis for Aviation
sroberts on PROD1PC70 with PROPOSALS

23.1197, Fire Extinguishing Agents

engines in the aft fuselage have the Technology Group, Incorporated Javelin
potential to affect the pitch and yaw Model No. 100 airplanes. The following applies:
primary flight controls and the fuselage (a) Fire extinguishing agents must—
and empennage structure. Fire Isolation and Extinguishing (1) Be capable of extinguishing flames
While the certification basis for the The fire protection system of the emanating from any burning fluids or
Model 100 requires that a fire detection airplane must include features to isolate other combustible materials in the area

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662 Federal Register / Vol. 72, No. 4 / Monday, January 8, 2007 / Proposed Rules

protected by the fire extinguishing 23.1201, Fire Extinguishing System • DOT Docket Web site: Go to http://
system; and Materials and follow the instructions
(2) Have thermal stability over the The following apply: for sending your comments
temperature range likely to be (a) No material in any fire electronically.
experienced in the compartment in extinguishing system may react • Government-wide rulemaking Web
which they are stored. chemically with any extinguishing agent site: Go to
(b) If any toxic extinguishing agent is so as to create a hazard. and follow the instructions for sending
used, provisions must be made to (b) Each system component in an your comments electronically.
prevent harmful concentrations of fluid engine compartment must be fireproof. • Mail: Docket Management Facility,
or fluid vapors (from leakage during Issued in Kansas City, Missouri on U.S. Department of Transportation, 400
normal operation of the airplane or as a December 27, 2006. Seventh Street, SW., Nassif Building,
result of discharging the fire John Colomy, room PL–401, Washington, DC 20590.
extinguisher on the ground or in flight) Acting Manager, Small Airplane Directorate, • Fax: (202) 493–2251.
from entering any personnel Aircraft Certification Service. • Hand Delivery: Room PL–401 on
compartment, even though a defect may [FR Doc. E6–22647 Filed 1–5–07; 8:45 am] the plaza level of the Nassif Building,
exist in the extinguishing system. This 400 Seventh Street, SW., Washington,
must be shown by test except for built- DC, between 9 a.m. and 5 p.m., Monday
in carbon dioxide fuselage compartment through Friday, except Federal holidays.
fire extinguishing systems for which— DEPARTMENT OF TRANSPORTATION Contact Bombardier, Inc., Bombardier
(1) Five pounds or less of carbon Regional Aircraft Division, 123 Garratt
dioxide will be discharged under Federal Aviation Administration Boulevard, Downsview, Ontario M3K
established fire control procedures into 1Y5, Canada, for service information
any fuselage compartment; or 14 CFR Part 39 identified in this proposed AD.
(2) Protective breathing equipment is
[Docket No. FAA–2006–26725; Directorate FOR FURTHER INFORMATION CONTACT: Ezra
available for each flight crewmember on Identifier 2006–NM–161–AD]
flight deck duty. Sasson, Aerospace Engineer, Systems
3. SC 23.1199—Add the requirements RIN 2120–AA64 and Flight Test Branch, ANE–172, FAA,
of § 23.1199 while deleting ‘‘For New York Aircraft Certification Office,
commuter category airplanes.’’ Airworthiness Directives; Bombardier 1600 Stewart Avenue, suite 410,
Model DHC–8–102, –103, and –106 Westbury, New York 11590; telephone
23.1199, Extinguishing Agent Airplanes and Model DHC–8–200 and (516) 228–7320; fax (516) 794–5531.
Containers DHC–8–300 Series Airplanes SUPPLEMENTARY INFORMATION:
The following applies: AGENCY: Federal Aviation Comments Invited
(a) Each extinguishing agent container Administration (FAA), Department of
must have a pressure relief to prevent Transportation (DOT). We invite you to submit any relevant
bursting of the container by excessive ACTION: Notice of proposed rulemaking written data, views, or arguments
internal pressures. (NPRM). regarding this proposed AD. Send your
(b) The discharge end of each comments to an address listed in the
discharge line from a pressure relief SUMMARY: The FAA proposes to adopt a ADDRESSES section. Include the docket
connection must be located so that new airworthiness directive (AD) for number ‘‘FAA–2006–26725; Directorate
discharge of the fire-extinguishing agent certain Bombardier Model DHC–8–102, Identifier 2006–NM–161–AD’’ at the
would not damage the airplane. The line –103, and –106 airplanes and Model beginning of your comments. We
must also be located or protected to DHC–8–200 and DHC–8–300 series specifically invite comments on the
prevent clogging caused by ice or other airplanes. This proposed AD would overall regulatory, economic,
foreign matter. require modifying the main landing gear environmental, and energy aspects of
(c) A means must be provided for (MLG) and nose landing gear (NLG) the proposed AD. We will consider all
each fire extinguishing agent container handle assemblies for alternate release comments received by the closing date
to indicate that the container has and the MLG retaining plate. This and may amend the proposed AD in
discharged or that the charging pressure proposed AD would also require doing light of those comments.
is below the established minimum a related investigative action and We will post all comments we
necessary for proper functioning. corrective action if necessary. This receive, without change, to http://
(d) The temperature of each container proposed AD results from reports of, including any personal
must be maintained, under intended broken or damaged MLG and NLG information you provide. We will also
operating conditions, to prevent the alternate release cables caused by post a report summarizing each
pressure in the container from— rubbing and fraying at the cable-to- substantive verbal contact with FAA
(1) Falling below that necessary to handle interface. We are proposing this personnel concerning this proposed AD.
provide an adequate rate of discharge; or AD to prevent breakage of the MLG and Using the search function of that Web
(2) Rising high enough to cause NLG alternate release cables, which, if site, anyone can find and read the
premature discharge. the normal gear extension fails, could comments in any of our dockets,
(e) If a pyrotechnic capsule is used to result in the inability to extend the MLG including the name of the individual
discharge the fire extinguishing agent, or NLG and consequent collapse of the who sent the comment (or signed the
each container must be installed so that landing gear during ground maneuvers comment on behalf of an association,
sroberts on PROD1PC70 with PROPOSALS

temperature conditions will not cause or upon landing. business, labor union, etc.). You may
hazardous deterioration of the DATES: We must receive comments on review the DOT’s complete Privacy Act
pyrotechnic capsule. this proposed AD by February 7, 2007. Statement in the Federal Register
4. SC 23.1201—Add the requirements ADDRESSES: Use one of the following published on April 11, 2000 (65 FR
of § 23.1201 while deleting ‘‘For addresses to submit comments on this 19477–78), or you may visit http://
commuter category airplanes.’’ proposed AD.

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