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Code · REGISTER · 2004-03-19 · Agriculture Agriculture Department See Food and Nutrition Service See Foreign Agricultural Service See Forest Service See Natural Resources Conservation Service See Rural Housing Service See Rural Uti · Unknown

Unknown. Final special conditions; request for comments

3,602 words·~16 min read·/register/2004/03/19/04-6150

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-2004-03-19.xml --- 69 54 Friday, March 19, 2004 Contents Agriculture Agriculture Department See Food and Nutrition Service See Foreign Agricultural Service See Forest Service See Natural Resources Conservation Service See Rural Housing Service See Rural Utilities Service Army Army Department NOTICES Meetings: Command and General Staff College Advisory Committee, 13023 04-6185 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention RULES Quarantine, inspection, and licensing:
Foreign quarantine— Embargo of birds (Class: Aves) from specified Southeast Asian countries; amendment, 12975-12976 04-6205 NOTICES Grants and cooperative agreements; availability, etc.: New vaccines for vaccine preventable diseases; surveillance and evaluation sites; establishment, 13039-13044 04-6168 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 13044-13046 04-6253 04-6271 Children Children and Families Administration See Refugee Resettlement Office NOTICES Committees; establishment, renewal, termination, etc.:
Head Start Accountability and Educational Performance Measures Advisory Committee, 13046-13047 04-6202 Grants and cooperative agreements; availability, etc.: Compassion Capital Fund Demonstration Program, 13047-13055 04-6204 Coast Guard Coast Guard NOTICES Environmental statements; availability, etc.: Seattle Monorail Project, WA; Lake Washington Ship Canal and Duwamish Waterway bridgework, 13060-13061 04-5916 Commerce Commerce Department See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 04-6230 13019-13020 04-6231 Copyright Copyright Office, Library of Congress RULES Copyright office and procedures:
Sound recordings use under statutory licenses; notice and recordkeeping requirements Correction, 13127 C4-5404 Customs Customs and Border Protection Bureau NOTICES Meetings: Commercial Operational Advisory Committee, 13061 04-6172 Defense Defense Department See Army Department See Navy Department RULES Freedom of Information Act; implementation: National Security Agency/Central Security Service Freedom of Information Act Program, 12975 04-6183 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13023-13024 04-6226 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 13067-13068 04-5898 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Solid wastes:
Hazardous waste; identification and listing— Exclusions, 12995-13011 04-6216 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13032-13035 04-6217 Environmental statements; availability, etc.: Agency statements; comment availability, 13035-13036 04-6219 Agency statements; weekly receipts, 13036-13037 04-6218 FAA Federal Aviation Administration RULES Airworthiness directives: Raytheon Correction, 13127 C4-4372 Airworthiness standards: Special conditions— Boeing Model 727-100/-200 series airplanes, 12971-12973 04-6150 Standard instrument approach procedures, 12973-12975 04-6146 PROPOSED RULES Class E airspace, 12992-12994 04-6153 04-6154 NOTICES Advisory circulars; availability, etc.:
Powerplant guide for certification of Part 23 airplanes and airships, 13117 04-6147 Small Airplane Certification Compliance Program, 13117 04-6148 U.S. airworthiness certificates and authorizations for operation of domestic and foreign aircraft, 13117 04-6155 Airport noise compatibility program: Bob Hope Airport, CA, 13118 04-6157 Exemption petitions; summary and disposition, 13118-13119 04-6151 04-6152 Passenger facility charges; applications, etc.: Atlantic City International Airport, NJ, 13119-13120 04-6156 Schools and certificated agencies:
Flight Instructor Refresher Clinic approvals; policy change, 13120 04-6149 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 12976-12980 04-6180 NOTICES Disaster and emergency areas: South Carolina, 13061 04-6181 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 13026-13028 E4-633 E4-634 Correction [Editorial Note: This document was inadvertently left out of the March 18, 2004 Federal Register], E4-536 Environmental statements; availability, etc.:
Lyndonville Electric Department, Caledonia County, VT, 13028 E4-625 Hydroelectric applications, 13028-13032 E4-623 E4-624 E4-626 E4-632 *Applications, hearings, determinations, etc.:* Arkansas Oklahoma Gas Corp., 13024 E4-622 Eastern Shore Natural Gas Co., 13024-13025 E4-629 National Fuel Gas Supply Corp., 13025 E4-628 Northern Border Pipeline Co., E4-630 13025-13026 E4-631 Texas Eastern Transmission, LP, 13026 E4-627 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:
Summit County, CO, 13120-13121 04-5844 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Processing and settlement of items, demand deposit accounting and other services; prices, 13037 04-6196 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 13037-13038 04-4325 04-6158 Meetings; Sunshine Act, 13038 04-6269 FTC Federal Trade Commission PROPOSED RULES Fair Credit Reporting Act:
Free annual file disclosures, 13191-13210 04-6268 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Financial Management Service: Automated Clearing House; Federal agency participation, 13183-13190 04-6092 Fish Fish and Wildlife Service NOTICES Migratory bird hunting and conservation stamp (Federal Duck Stamp) contest, 13065-13066 04-6170 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— VELCADE, 13055-13056 04-6159 Food Food and Nutrition Service PROPOSED RULES Food Stamp Program:
Farm Security and Rural Investment Act of 2002; implementation— Employment and Training Program, 12981-12989 04-6184 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: Michigan Fish Producers’ Association, 13013 04-6191 Forest Forest Service NOTICES Environmental statements; notice of intent: Payette National Forest, ID, 13013-13014 04-6197 Meetings: Resource Advisory Committees— North Central Idaho, 13014 04-6164 Southwest Washington Provincial Advisory Committee, 13014 04-6173 GSA General Services Administration NOTICES Acquisition regulations:
State Department; consular cash receipt and record of fees (OF 233); form cancellation, 13038 04-6190 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See Refugee Resettlement Office Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13061-13063 04-6161 04-6162 04-6163 Grants and cooperative agreements; availability, etc.:
Homeless assistance; excess and surplus Federal properties, 13063 04-5888 Privacy Act: Computer matching programs, 13063-13064 04-6160 Indian Indian Health Service NOTICES Grant and cooperative agreement awards: National Indian Health Board; correction, 13127 C4-5305 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Environmental statements; notice of intent: Central Utah Project— Jordanelle Dam, UT; non-Federal hydroelectric generation facility, 13064-13065 04-6175 IRS Internal Revenue Service PROPOSED RULES Income taxes:
Taxable stock transactions; information reporting requirements; cross-reference; hearing canceled, 12994-12995 04-6221 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13124-13126 04-6222 04-6223 04-6224 04-6225 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Resource Advisory Councils— Idaho, 13066-13067 04-6296 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13068-13072 04-6176 04-6177 04-6178 04-6179 NASA National Aeronautics and Space Administration NOTICES Meetings:
Return to Flight Task Group, 13072 04-6193 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Lamps, reflective devices, and associated equipment— Daytime running lamps; glare reduction; withdrawn, 13011-13012 04-6208 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Deep-water species; closure to vessels using trawl gear in Gulf of Alaska, 12980 04-6211 NOTICES Grants and cooperative agreements; availability, etc.:
Saltonstall-Kennedy Grant Program; canceled, 13021 04-6228 Meetings: Pacific Fishery Management Council, 13021-13022 04-6227 South Atlantic Fishery Management Council, 13022 04-6229 Ocean and coastal resource management: Marine sanctuaries— Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve; reserve operations plan, 13022-13023 04-6174 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 13067 04-6165 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent:
Rockhouse Creek Watershed, KY, 13015-13017 04-6200 Grants and cooperative agreements; availability, etc.: Thirtymile Creek Watershed, MT; notice of intent to deauthorize Federal funding, 13017-13018 04-6201 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 13023 04-6276 Public Public Debt Bureau See Fiscal Service Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.: Refugee Resettlement Program— Social services funds;
State allocations, 13056-13060 04-6203 Rural Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13018-13019 04-6171 RUS Rural Utilities Service PROPOSED RULES Electric loans: Electric System Emergency Restoration Plan, 12989-12992 04-6167 SEC Securities and Exchange Commission RULES Practice and procedure: Sarbanes-Oxley Act of 2002; implementation— Rules of practice and related provisions; amendments, 13165-13182 04-6069 NOTICES Investment Company Act of 1940:
BLDRS Index Funds Trust et al., 13072-13076 04-6188 Public Utility Holding Company Act of 1935 filings, 13076-13078 04-6169 Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 13078-13080 04-6189 Selective Selective Service System NOTICES Agency information collection activities; proposals, submissions, and approvals, 13080-13081 04-6166 SBA Small Business Administration PROPOSED RULES Small business size standards: Size standards for most industries and SBA programs; restructuring, 13129-13164 04-5049 NOTICES *Applications, hearings, determinations, etc.:* Gefus SBIC, L.P., 13081 E4-635 State State Department NOTICES Committees; establishment, renewal, termination, etc.:
Inter-American Tropical Tuna Commission, U.S. Section, 13081-13082 04-6199 Surface Surface Transportation Board NOTICES Rail carriers: Control exceptions— Watco Companies, Inc., 13121-13122 04-5994 Railroad operation, acquisition, construction, etc.: Camas Prairie RailNet, Inc., 13122 04-5995 Horsehead Corp., 13122 04-6088 Staten Island Railway Corp., 13122-13123 04-6090 Railroad services abandonment: CSX Transportation, Inc., 13123-13124 04-6089 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Grants and cooperative agreements; availability, etc.:
Small Community Air Service Development Program, 13082-13116 04-6235 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Small Business Administration, 13129-13164 04-5049 Part III Securities and Exchange Commission, 13165-13182 04-6069 Part IV Treasury Department, Fiscal Service, 13183-13190 04-6092 Part V Federal Trade Commission, 13191-13210 04-6268 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. 69 54 Friday, March 19, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM274, Special Conditions No. 25-257-SC] Special Conditions: Boeing Model 727-100 / -200 Series Airplanes;
High Intensity Radiated Fields
(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for Boeing Model 727-100 / -200 series airplanes modified by Aircraft Systems and Manufacturing. These modified airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of a Collins Horizontal Situation Indicator
(HSI)that performs critical functions. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for the protection of this system from the effects of high-intensity radiated fields (HIRF). 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 March 5, 2004. Comments must be received on or before April 19, 2004. ADDRESSES: Comments on these special conditions may be mailed in duplicate to: Federal Aviation Administration, Transport Airplane Directorate, Attn: Rules Docket (ANM-113), Docket No. NM274, 1601 Lind Avenue, SW., Renton, Washington, 98055-4056; or delivered in duplicate to the Transport Airplane Directorate at the above address. All comments must be marked: Docket No. NM274. FOR FURTHER INFORMATION CONTACT: Greg Dunn, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; telephone
(425)227-2799; facsimile
(425)227-1320. SUPPLEMENTARY INFORMATION: Comments Invited The FAA has determined that notice and opportunity for prior public comment is impracticable because these procedures would significantly delay certification of the airplane 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; however, the FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning these special conditions. The docket is available for public inspection before and after the comment closing date. If you wish to 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 on or before 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 the FAA to acknowledge receipt of your comments on these special conditions, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On October 23, 2003, Aircraft Systems & Manufacturing, Georgetown, Texas, applied to the FAA, Fort Worth Special Certification Office, for a supplemental type certificate
(STC)to modify Boeing Model 727-100- / -200 series airplanes. These models are currently approved under Type Certificate No. A3WE. The Model 727-100 / -200 series airplanes are low wing, pressurized transport category airplanes with three fuselage-mounted engines. The modification incorporates the installation of a Collins Horizontal Situation Indicator (HSI). The information presented is flight critical. The avionics/electronics and electrical systems installed in these airplanes have the potential to be vulnerable to high-intensity radiated fields
(HIRF)external to the airplane. Type Certification Basis Under the provisions of 14 CFR 21.101, Aircraft Systems & Manufacturing must show that the Model 727-100 / -200 series airplanes as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A3WE, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. A3WE include Civil Air Regulations
(CAR)4b, as amended by amendment 4b-1 through 4b-11 and additional requirements identified in the type certificate data sheet that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , CAR 4b, as amended) do not contain adequate or appropriate safety standards for the modified Boeing Model 727-100 / -200 series airplanes 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 Boeing Model 727-100 / -200 series airplanes 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. Special conditions, as defined in 14 CFR 11.19, are issued in accordance with § 11.38 and become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should Aircraft Systems & Manufacturing apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A3WE to incorporate the same or similar novel or unusual design feature, these special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features As noted earlier, the modified Boeing Model 727- 100 / -200 series airplanes will incorporate a new avionics/electronics and electrical system that will perform critical functions. This system may be vulnerable to high-intensity radiated fields external to the airplane. The current airworthiness standards of part 25 do not contain adequate or appropriate safety standards for the protection of this equipment from the adverse effects of HIRF. Accordingly, this system is considered to be a novel or unusual design feature. Discussion There is no specific regulation that addresses protection requirements for electrical and electronic systems from HIRF. Increased power levels from ground-based radio transmitters and the growing use of sensitive avionics/electronics and electrical systems to command and control airplanes have made it necessary to provide adequate protection. To ensure that a level of safety is achieved equivalent to that intended by the regulations incorporated by reference, special conditions are needed for the Boeing Model 727-100 / -200 series airplanes modified by Aircraft Systems & Manufacturing. These special conditions require that new avionics/electronics and electrical systems that perform critical functions be designed and installed to preclude component damage and interruption of function due to both the direct and indirect effects of HIRF. High-Intensity Radiated Fields
(HIRF)With the trend toward increased power levels from ground-based transmitters, and the advent of space and satellite communications coupled with electronic command and control of the airplane, the immunity of critical avionics/electronics and electrical systems to HIRF must be established. It is not possible to precisely define the HIRF to which the airplane will be exposed in service. There is also uncertainty concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling of electromagnetic energy to cockpit-installed equipment through the cockpit window apertures is undefined. Based on surveys and analysis of existing HIRF emitters, an adequate level of protection exists when compliance with the HIRF protection special condition is shown with either paragraph 1 or 2 below: 1. A minimum threat of 100 volts rms (root-mean-square) per meter electric field strength from 10 KHz to 18 GHz. a. The threat must be applied to the system elements and their associated wiring harnesses without the benefit of airframe shielding. b. Demonstration of this level of protection is established through system tests and analysis. 2. A threat external to the airframe of the field strengths indicated in the table below for the frequency ranges indicated. Both peak and average field strength components from the table are to be demonstrated. 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 of the root-mean-square
(rms)over the complete modulation period. The threat levels identified above are the result of an FAA review of existing studies on the subject of HIRF, in light of the ongoing work of the Electromagnetic Effects Harmonization Working Group of the Aviation Rulemaking Advisory Committee. Applicability As discussed above, these special conditions are applicable to Boeing Model 727-100 / -200 series airplanes modified by Aircraft Systems & Manufacturing. Should Aircraft Systems & Manufacturing apply at a later date for a supplemental type certificate to modify any other model on Type Certificate A3WE to incorporate the same or similar novel or unusual design feature, these special conditions would apply to that model as well as under the provisions of § 21.101. Conclusion This action affects only certain novel or unusual design features on Boeing Model 727-100 / -200 series airplanes modified by Aircraft Systems & Manufacturing. 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 procedure in several prior instances and has been derived without substantive change from those previously issued. 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 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. 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 supplemental type certification basis for the Boeing Model 727-100 / -200 series airplanes modified by Aircraft Systems & Manufacturing. 1. *Protection from Unwanted Effects of High-Intensity Radiated Fields (HIRF).* Each electrical and electronic system that performs critical functions must be designed and installed to ensure that the operation and operational capability of these systems to perform critical functions are not adversely affected when the airplane is exposed to high-intensity radiated fields. 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 Renton, Washington, on March 5, 2004. Ali Bahrami, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 04-6150 Filed 3-18-04; 8:45 am]
Connectionstraces to 3
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  • 14 CFR 25
  • 14 CFR 34
  • 14 CFR 36
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Final special conditions; request for comments
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