Unknown. Final special conditions; request for comments
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/register/2002/12/18/02-31882·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-18.xml --- 67 243 Wednesday, December 18, 2002 Contents Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 77480 02-31781 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 77496-77497 02-31748 77497 02-31749 Meetings: Smoking and Health Interagency Committee, 77497 02-31774 Children Children and Families Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 77497-77498 02-31833 Coast Guard Coast Guard RULES Ports and waterways safety: Diablo Canyon Nuclear Power Plant, Avila Beach, CA; adjacent waters; security zone, 77428-77430 02-31767 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Guatemala, 77469 02-31834 Pakistan, 77469-77470 02-31835 Commodity Commodity Futures Trading Commission RULES Commodity pool operators and commodity trading advisors:
National Futures Association; filing clarifications, 77409-77411 02-31685 PROPOSED RULES Commodity pool operators and commodity trading advisors: Commodity pool operators; otherwise regulated persons excluded from term definition, 77446 02-31847 NOTICES National Futures Association: Authorization for review and custody of commodity pool operators’ financial reports, 77470-77473 02-31684 Defense Defense Department See Air Force Department NOTICES Arms sales notification; transmittal letter, etc., 77473-77478 02-31750 Environmental statements; availability, etc.:
Polychlorinated biphenyl-containing items; transport from Japan and Wake Island to U.S., 77479 02-31840 Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 77479 02-31718 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 77480 02-31769 77480-77481 02-31770 Employment Employment and Training Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 77517-77518 02-31768 NAFTA transitional adjustment assistance: Bristol Bay Native Association, 77518 02-31786 77518-77519 02-31787 77519 02-31788 77519 02-31789 77519 02-31790 77519 02-31791 77519-77520 02-31792 77520 02-31793 77520 02-31794 77520 02-31796 77520 02-31797 77520-77521 02-31798 77521 02-31799 77521 02-31800 77521 02-31801 77521 02-31802 77522 02-31804 77522 02-31805 77522 02-31806 77522 02-31807 77522-77523 02-31808 77523 02-31809 77523 02-31810 77523 02-31811 77523 02-31812 77523-77524 02-31813 77524 02-31814 77524 02-31815 Intertape Polymer Group, 77524 02-31795 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Kentucky, 77430-77432 02-31666 PROPOSED RULES Air pollutants, hazardous; national emission standards: Taconite iron ore processing plants, 77561-77592 02-31231 Air quality implementation plans; approval and promulgation; various States: Kentucky, 77463-77464 02-31667 NOTICES Pesticide programs: Organophosphates; risk assessments; availability, etc.— Tetrachlorvinphos, 77491-77492 02-31361 Water pollution control: Total maximum daily loads— Arkansas; statewide waters list, 77492-77493 02-31902 FAA Federal Aviation Administration RULES Airworthiness directives:
Eurocopter France, 77404-77405 02-31177 77401-77403 02-31751 Rolls-Royce Ltd., 77405-77407 02-31473 Airworthiness standards: Special conditions— Cessna Model 441 airplanes, 77399-77401 02-31882 PROPOSED RULES Airworthiness directives: Eurocopter France, 77444-77446 02-31830 Pilatus Aircraft Ltd., 77442-77444 02-31753 NOTICES Exemption petitions; summary and disposition, 77549 02-31883 Meetings: Air Traffic Procedures Advisory Committee, 77549 02-31884 Passenger facility charges; applications, etc.:
Chicago O’Hare International Airport, IL, et al., 77549-77550 02-31885 Monroe Regional Airport, LA, 77550-77551 02-31886 Reports and guidance documents; availability, etc.: Airborne systems and equipment certification; software considerations, 77551 02-31887 FCC Federal Communications Commission RULES Common carrier services: Incumbent local exchange carriers— Accounting and ARMIS reporting requirements; review by Federal-State Joint Conference on Accounting Issues, 77432-77433 02-31606 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 77493 02-31895 FDIC Federal Deposit Insurance Corporation NOTICES FDIC/Resolution Trust Corporation Roster of Neutrals and Neutral Questionnaires; eligibility standards; withdrawn, 77493-77494 02-31852 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 77494 02-31971 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Disaster assistance: National Urban Search and Rescue Response System; financing, administration, and operation standardization, 77627-77640 02-31658 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 77490-77491 02-31897 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 77481 02-31738 ANR Pipeline Co., 77481-77482 02-31737 Atlanta Gas Light Co., 77482 02-31744 Black Marlin Pipeline Co., 77482 02-31728 Chandeleur Pipe Line Co., 77482-77483 02-31731 Colorado Interstate Gas Co., 77483 02-31745 Dauphin Island Gathering Partners, 77483 02-31733 Duluth Public Works & Utilities Department, 77483-77484 02-31723 East Tennessee Natural Gas Co., 77484-77485 02-31734 Enbridge Pipelines (AlaTenn) L.L.C., 77485 02-31741 Enbridge Pipelines (KPC), 77485-77486 02-31742 Enbridge Pipelines (Midla) L.L.C., 77485 02-31740 Florida Gas Transmission Co., 77486 02-31736 Great Lakes Gas Transmission L.P., 77486-77487 02-31735 Kern River Gas Transmission Co., 77487 02-31726 New York State Electric & Gas Corp., 77487 02-31724 77487-77488 02-31725 Overthrust Pipeline Co., 77488 02-31727 PG&E Energy Trading-Power, L.P., et al., 77488 02-31896 Sabine Pipe Line LLC, 77488-77489 02-31730 Tennessee Gas Pipeline Co., 77489 02-31743 Texas Eastern Transmission, LP, 77489 02-31739 Transwestern Pipeline Co., 77489-77490 02-31732 Williams Gas Pipelines Central, Inc., 77490 02-31729 Federal Highway Federal Highway Administration NOTICES Federally-assisted or Federal transportation improvement projects with net benefit to Section 4(f) property; evaluation and determination, 77551-77555 02-31888 FMC Federal Maritime Commission NOTICES Casualty and nonperformance certificates:
Carnival Corp. et al., 77494 02-31878 Delta Queen Steamboat Co,, Inc., et al., 77494-77495 02-31879 Ocean transportation intermediary licenses: Speedier Logistics (U.S.A.), Inc., 77495 02-31877 Federal Transit Federal Transit Administration NOTICES Federally-assisted or Federal transportation improvement projects with net benefit to Section 4(f) property; evaluation and determination, 77551-77555 02-31888 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Critical habitat designations— Achyranthes mutica, etc. (47 plant species from Hawaii, HI), 77464-77465 02-31876 Westslope cutthroat trout; status review, 77466 02-31875 NOTICES Environmental statements; availability, etc.: Incidental take permits— Baldwin County, AL; Alabama beach mouse, 77505-77506 02-31777 Douglas County, CO; Preble's meadow jumping mouse, 77506-77507 02-31773 Grants and cooperative agreements; availability, etc.: Neotropical Migratory Bird Conservation Act Program, 77507-77508 02-31836 Meetings:
Klamath Fishery Management Council, 77508 02-31778 77508-77509 02-31779 Klamath River Basin Fisheries Task Force, 77509 02-31780 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 77498-77499 02-31722 Food for human consumption: Identity standards deviation; market testing permits— Kraft Foods, Inc.; salad dressing, 77499-77500 02-31720 Reports and guidance documents; availability, etc.: Raw meat foods for companion and captive noncompanion carnivores and omnivores; manufacturing and labeling, 77500-77501 02-31721 MISSING FOR:
Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico ChemSource Corp.; bulk and intermediate pharmaceutical chemicals manufacturing facility, 77467-77468 02-31894 Forest Forest Service PROPOSED RULES National Forest System lands; projects and activities; notice, comment, and appeal procedures, 77451-77463 02-31681 NOTICES Meetings: Resource Advisory Committees— Crook County, 77467 02-31746 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):
Agency information collection activities— Proposed collection; comment request, 77479 02-31718 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.: Chronic Fatigue Syndrome Advisory Committee, 77495 02-31829 Reports and guidance documents; availability, etc.:
Japanese American youth; precursors to diabetes; research protocol support, 77495-77496 02-31848 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 77501-77502 02-31719 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 77511 02-31756 77511-77512 02-31757 77512-77513 02-31758 77513 02-31759 77513-77514 02-31760 77514-77515 02-31761 77515 02-31771 Immigration:
Nonimmigrant aliens from designated countries; registration requirements, 77641-77644 02-32045 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Burns-Paiute Tribe, OR, 77509 02-31874 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 77407-77409 02-31892 IRS Internal Revenue Service RULES Procedure and administration:
Levy restrictions during installment agreements, 77416-77418 02-31856 Low-income taxpayer clinics; income tax return preparer; definition, 77418-77419 02-31855 Tax liabilities determination or collection; third-party contracts, 77419-77425 02-31857 PROPOSED RULES Income taxes: Rents and royalties; advance rentals inclusion in gross income, 77450-77451 02-31858 NOTICES Meetings: Taxpayer Advocacy Panels, 77558 02-31860 77560 02-31861 77558-77559 02-31862 77559 02-31863 77559 02-31864 77559 02-31865 77560 02-31866 77560 02-31867 International International Trade Administration RULES Watches, watch movements, and jewelry:
Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 77407-77409 02-31892 NOTICES Antidumping: Stainless steel butt-weld pipe fittings from— Korea, 77468-77469 02-31893 International International Trade Commission NOTICES Import investigations: Fresh tomatoes from— Mexico, 77510-77511 02-31772 Justice Justice Department See Immigration and Naturalization Service See Prisons Bureau Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 77515-77516 02-31766 Grants and cooperative agreements; availability, etc.: Child Labor Education Initiative, 77516-77517 02-31784 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Northeastern Great Basin, 77509-77510 02-31844 Northwest California, 77509 02-31747 Survey plat filings: New Mexico, 77510 02-31845 Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 77555-77556 02-31839 Submission for OMB review; comment request, 77556 02-31838 Mine Mine Safety and Health Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 77524-77525 02-31763 77525-77526 02-31764 77526-77528 02-31765 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 77479 02-31718 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 77556-77557 02-31880 Motor vehicle safety standards; exemption petitions, etc.:
Glaval Bus, Inc., 77558 02-31881 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 77502 02-31826 77502 02-31827 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 77504-77505 02-31828 National Institute of Biomedical Imaging and Bioengineering, 77504 02-31825 National Institute of Dental and Craniofacial Research, 77502-77503 02-31819 National Institute of Diabetes and Digestive and Kidney Diseases, 77502 02-31818 National Institute of General Medical Sciences, 77503 02-31822 National Institute of Mental Health, 77504 02-31823 National Institute on Deafness and Other Communication Disorders, 77503 02-31820 National Library of Medicine, 77505 02-31821 Scientific Review Center, 77505 02-31824 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Pacific halibut and red king crab, 77439-77441 02-31696 Atlantic highly migratory species— Atlantic bluefin tuna, 77433-77434 02-31853 Atlantic tunas, swordfish, and sharks; charter boat operations, 77434-77439 02-31695 Nuclear Nuclear Regulatory Commission NOTICES Regulatory guides; issuance, availability, and withdrawal, 77530-77531 02-31872 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 77528-77529 02-31871 Pathfinder Mines Corp., 77529-77530 02-31870 Personnel Personnel Management Office NOTICES Health benefits, Federal employees:
Federal Long Term Care Insurance Program— Open season; relaxed rules, 77531-77532 02-31854 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Incoming publications; nudity and sexually explicit material information; distribution to inmates, 77425-77427 02-31660 Inmate discipline respecting violations of telephone and smoking policies; code number changes for agency tracking purposes only, 77427-77428 02-31661 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board PROPOSED RULES Railroad Retirement Act:
Account benefits ratio, 77447-77448 02-31776 Annuity or lump sum application; Internet filing, 77448-77450 02-31775 SEC Securities and Exchange Commission RULES Investment advisers: Advisers operating through Internet; exemption, 77619-77626 02-31843 PROPOSED RULES Securities: Issuer repurchases; safe harbor provisions; amendments, 77593-77617 02-31656 Sentencing Sentencing Commission, United States See United States Sentencing Commission State State Department NOTICES Meetings:
Overseas Schools Advisory Council, 77547-77548 02-31850 Organization, functions, and authority delegations: Secretary of Labor and U.S. Trade Representative, 77548 02-31849 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES Agency information collection activities:
Submission for OMB review; comment request, 77548 02-31889 Aviation proceedings: Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 77548-77549 02-31890 Treasury Treasury Department See Internal Revenue Service RULES Government Securities Act regulations: Large position rules; reporting requirements, 77411-77416 02-31837 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 77532-77547 02-31869 Separate Parts In This Issue Part II Environmental Protection Agency, 77561-77592 02-31231 Part III Securities and Exchange Commission, 77593-77617 02-31656 Part IV Securities and Exchange Commission, 77619-77626 02-31843 Part V Federal Emergency Management Agency, 77627-77640 02-31658 Part VI Justice Department, Immigration and Naturalization Service, 77641-77644 02-32045 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 243 Wednesday, December 18, 2002 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE192, Special Condition 23-132-SC] Special Conditions; Cessna Model 441 Airplane;
Protection of Systems for High Intensity Radiated Fields
(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued to S-TEC, One S-TEC Way Municipal Airport, Mineral Wells, TX 76007, for a Supplemental Type Certificate for Cessna Model 441 airplanes. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. These novel and unusual design features include the installation of electronic flight instrument systems
(EFIS)display Model “Meggitt Magic” for which the applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). This special condition contains the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to the airworthiness standards applicable to these airplanes. DATES: The effective date of these special conditions is December 6, 2002. Comments must be received on or before January 17, 2003. ADDRESSES: Comments may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket Clerk, Docket No. CE192, Room 506, 901 Locust, Kansas City, Missouri 64106. All comments must be marked: Docket No. CE192. 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: Wes Ryan, Aerospace Engineer, Standards Office (ACE-110), Small Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone
(816)329-4123. 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 Interested persons are invited to submit such written data, views, or arguments as they may desire. Communications should identify the regulatory docket or notice number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. CE192.” The postcard will be date stamped and returned to the commenter. Background On June 6, 2002, S-TEC Corporation, One S-TEC Way, Mineral Wells Airport, Mineral Wells, Texas 76067, made an application to the FAA for a new Supplemental Type Certificate for the Cessna Model 441 (Conquest) airplanes. The Conquest is currently approved under Type Certificate No. A28CE. The proposed modification incorporates a novel or unusual design feature, such as digital avionics consisting of an EFIS, that is vulnerable to HIRF external to the airplane. Type Certification Basis Under the provisions of 14 CFR part 21, § 21.101, S-TEC Corporation must show that the Cessna Model 441 airplanes meets the following provisions, or the applicable regulations in effect on the date of application for the modification to reference airplanes. The Certification Basis that is incorporated by reference for the Cessna Model 441 airplane is listed under the Type Certificate Data Sheet No. A28CE with the exception of FAR Part 23.1301 as amended by Amendment 23-20; 23.1309, 23.1311, and 23.1321 as amended by Amendment 23-49; and the special conditions adopted by this rulemaking action. Noise requirements are not an issue because there is no change to the engine or aircraft fuselage. Discussion If the Administrator finds that the applicable airworthiness standards do not contain adequate or appropriate safety standards because of novel or unusual design features of an airplane, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38 after public notice and become a part of the type certification basis in accordance with § 21.101(b)(2). Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model already included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features S-TEC Corporation plans to incorporate certain novel and unusual design features into an airplane for which the airworthiness standards do not contain adequate or appropriate safety standards for protection from the effects of HIRF. These features include EFIS, which are susceptible to the HIRF environment, that were not envisaged by the existing regulations for this type of airplane. *Protection of Systems from HIRF:* Recent advances in technology have given rise to the application in aircraft designs of advanced electrical and electronic systems that perform functions required for continued safe flight and landing. Due to the use of sensitive solid state advanced components in analog and digital electronics circuits, these advanced systems are readily responsive to the transient effects of induced electrical current and voltage caused by the HIRF. The HIRF can degrade electronic systems performance by damaging components or upsetting system functions. Furthermore, the HIRF environment has undergone a transformation that was not foreseen when the current requirements were developed. Higher energy levels are radiated from transmitters that are used for radar, radio, and television. Also, the number of transmitters has increased significantly. There is also uncertainty concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling to cockpit-installed equipment through the cockpit window apertures is undefined. The combined effect of the technological advances in airplane design and the changing environment has resulted in an increased level of vulnerability of electrical and electronic systems required for the continued safe flight and landing of the airplane. Effective measures against the effects of exposure to HIRF must be provided by the design and installation of these systems. The accepted maximum energy levels in which civilian airplane system installations must be capable of operating safely are based on surveys and analysis of existing radio frequency emitters. These special conditions require that the airplane be evaluated under these energy levels for the protection of the electronic system and its associated wiring harness. These external threat levels, which are lower than previous required values, are believed to represent the worst case to which an airplane would be exposed in the operating environment. These special conditions require qualification of systems that perform critical functions, as installed in aircraft, to the defined HIRF environment in paragraph 1 or, as an option to a fixed value using laboratory tests, in paragraph 2, as follows:
(1)The applicant may demonstrate that the operation and operational capability of the installed electrical and electronic systems that perform critical functions are not adversely affected when the aircraft is exposed to the HIRF environment defined below: Frequency Field strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100 kHz-500 kHz 50 50 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak root-mean-square
(rms)values. or,
(2)The applicant may demonstrate by a system test and analysis that the electrical and electronic systems that perform critical functions can withstand a minimum threat of 100 volts per meter peak electrical field strength from 10 kHz to 18 GHz. When using this test to show compliance with the HIRF requirements, no credit is given for signal attenuation due to installation. A preliminary hazard analysis must be performed by the applicant, for approval by the FAA, to identify either electrical or electronic systems that perform critical functions. The term “critical” means those functions whose failure would contribute to, or cause, a failure condition that would prevent the continued safe flight and landing of the airplane. The systems identified by the hazard analysis that perform critical functions are candidates for the application of HIRF requirements. A system may perform both critical and non-critical functions. Primary electronic flight display systems, and their associated components, perform critical functions such as attitude, altitude, and airspeed indication. The HIRF requirements apply only to critical functions. Compliance with HIRF requirements may be demonstrated either by tests, analysis, models, similarity with existing systems, or by any combination of these. Service experience alone is not acceptable since normal flight operations may not include an exposure to the HIRF environment. Reliance on a system with similar design features for redundancy as a means of protection against the effects of external HIRF is generally insufficient since all elements of a redundant system are likely to be exposed to the fields concurrently. Applicability As discussed above, these special conditions are applicable to the Cessna Model 441 airplanes. Should S-TEC Corporation apply at a later date for a supplemental type certificate to modify any other model on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would apply to that model as well under the provisions of § 21.101. Conclusion This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. 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. For this reason, and 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. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR part 21, §§ 21.16 and 21.101; and 14 CFR part 11, §§ 11.38 and 11.19. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Cessna Model 441 airplanes modified by S-TEC Corporation to add an EFIS. 1. *Protection of Electrical and Electronic Systems from High Intensity Radiated Fields (HIRF).* Each system that performs critical functions must be designed and installed to ensure that the operations, and operational capabilities of these systems to perform critical functions, are not adversely affected when the airplane is exposed to high intensity radiated electromagnetic fields external to the airplane. 2. For the purpose of these special conditions, the following definition applies: *Critical Functions:* Functions whose failure would contribute to, or cause, a failure condition that would prevent the continued safe flight and landing of the airplane. Issued in Kansas City, Missouri on December 6, 2002. Dorenda D. Baker, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 02-31882 Filed 12-17-02; 8:45 am]
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