Unknown. Final special conditions

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-06-08.xml --- 70 109 Wednesday, June 8, 2005 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Economic Research Service See Forest Service See Risk Management Agency See Rural Business-Cooperative Service Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 33586-33587 05-11342 Antitrust Antitrust Modernization Commission NOTICES Meetings, 33447-33448 05-11346 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

System and method for evaluating data sets over communications network, 33453 05-11357 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 33495-33499 05-11367 05-11368 05-11369 05-11370 05-11371 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Family Violence Prevention and Services Program, 33499-33508 05-11297 Fostering healthy marriages within underserved communities to improve child well-being; demonstration projects, 33508-33519 05-11298 Coast Guard Coast Guard RULES Deepwater ports: Voluntary guidelines, 33351-33352 05-11318 Drawbridge operations: Florida, 33349-33351 05-11320 Texas, 33351 05-11424 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Willamette River, Portland, OR, 33352-33354 05-11321 PROPOSED RULES Drawbridge operations:

Virginia, 33405-33408 05-11397 Great Lakes pilotage regulations: Rate adjustments, 33415-33416 05-11398 NOTICES Environmental statements; availability, etc.: Vessel and facility response plans for oil; 2003 removal equipment requirements and alternative technology revisions; correction, 33588 C5-10972 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Commercial availability actions— 100 percent cotton, piece dyed, plain weave double warp beam seersucker fabrics, 33449-33450 05-11474 100 percent cotton, yarn dyed, plain weave double warp beam seersucker fabrics, 33450-33451 05-11475 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 33451-33452 05-11300 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-11354 33452-33453 05-11355 Defense Defense Department See Army Department See Engineers Corps See Navy Department RULES Federal Acquisition Regulation (FAR):

Construction contracts; labor standards, 33662-33671 05-11186 Deferred compensation and postretirement benefits other than pensions, 33671-33673 05-11185 Gains and losses, maintenance and repair costs, and material costs, 33673-33676 05-11184 Introduction, 33654-33655 05-11179 Noncommercial modifications of commercial items; submission of cost or pricing data, 33659-33660 05-11188 Payment of union dues or fees; notification of Employee rights, 33655-33656 05-11180 Performance-based contracting use for services; incentives, 33657-33659 05-11189 SDB and HUBZone price evaluation factor; applicability, 33661-33662 05-11187 Small entity compliance guide, 33676-33677 05-11183 Telecommuting for Federal contractors, 33656-33657 05-11181 Economic Economic Research Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 33441-33442 05-11374 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 33457-33459 05-11347 05-11348 05-11349 Grants and cooperative agreements; availability, etc.:

Postsecondary education— Child Care Access Means Parents in School Program, 33460-33463 05-11390 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33524-33525 05-11373 Grant and cooperative agreement awards: Workforce Investment Act— Native American employment and training allotments, 33525-33529 05-11378 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

NRG Power Marketing, Inc., 33463-33464 05-11365 Meetings: National Petroleum Council, 33464 05-11385 Engineers Engineers Corps NOTICES Grants and cooperative agreements; availability, etc.: Estuary Habitat Restoration Program, 33453-33457 05-11358 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: West Virginia, 33364-33368 05-11381 Air quality implementation plans; approval and promulgation; various States:

New Mexico, 33363-33364 05-11272 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Generic pesticide chemical tolerance regulations; update, 33354-33363 05-11384 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 33368-33373 05-11270 PROPOSED RULES Air programs: Ambient air quality standards, national— 8-hour ozone standard; early action compact areas; deferred effective date extended, 33409-33414 05-11380 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

West Virginia, 33408 05-11382 Pesticide programs: Conventional chemicals; registration data requirements, 33414-33415 05-11276 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 33415 05-11271 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33472-33474 05-11383 Pesticide, food, and feed additive petitions: Woodstream Corp., 33474-33478 05-11165 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Agusta S.p.A., 33339-33340 05-11256 Dassault, 33340-33344 05-11052 Pilatus Aircraft Ltd., 33344-33346 05-10949 Airworthiness standards: Special conditions— Boeing Model 747SP airplane, 33335-33337 05-11324 Gulfstream Model LP 1125 Westwind Astra airplane, 33337-33338 05-11409 Class E airspace, 33346-33348 05-11327 05-11331 Correction, 33347, 33349 05-11325 05-11329 PROPOSED RULES Airworthiness standards: Special conditions— Robinson R44 Helicopter; autopilot installation, 33399-33401 05-11412 Class E airspace, 33401-33404 05-11322 05-11326 05-11328 NOTICES Advisory circulars; availability, etc.:

Transport category airplanes— Fuselage doors and hatches, 33576-33577 05-11323 Environmental statements; record of decision: Los Angeles International Airport, CA, 33577-33578 05-11330 Exemption petitions; summary and disposition, 33578 05-11334 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— Satellite licensing procedures, 33373-33377 05-11171 Radio stations; table of assignments: Michigan, 33378 05-11377 Nebraska, 33377-33378 05-11376 PROPOSED RULES Common carrier services:

Satellite communications— Satellite licensing procedures, 33426-33429 05-11172 Practice and procedure: Economic impact of Commission's rules on small entities; regulatory review; comments request, 33416-33426 05-11170 Radio stations; table of assignments: Georgia, 33429-33430 05-11274 Oregon, 33429 05-11275 Television broadcasting: Cable Television Consumer Protection and Competition Act— Cable television horizontal and vertical ownership limits, 33680-33687 05-11473 NOTICES Television broadcasting:

Low power television, television translator, and Class A stations; construction permits; auction procedures, 33478-33491 05-11379 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 33464-33465 E5-2923 Electric rate and corporate regulation combined filings, 33468-33470 E5-2930 Environmental statements; availability, etc.: Starks Gas Storage L.L.C., 33470-33472 E5-2921 Hydroelectric applications, 33472 E5-2924 *Applications, hearings, determinations, etc.:* Creole Trail LNG, L.P., 33465-33466 E5-2920 Equitrans, L.P., 33466 E5-2925 Gas Transmission Northwest Corp., 33466-33467 E5-2929 Gulf South Pipeline Co., LP, 33467 E5-2928 MidAmerican Energy Co., 33467 E5-2922 National Fuel Gas Supply Corp., 33467-33468 E5-2927 Questar Southern Trails Pipeline Co., 33468 E5-2926 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 33491-33493 05-11402 Ocean transportation intermediary licenses:

All World Services, Inc., et al., 33493 05-11400 Amerasa Rapid Transit USA Inc., 33493 05-11401 Maramara, Inc., 33493 05-11403 Pioneer Shipping Logistics Inc. et al., 33493-33494 05-11404 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards: Parts and accessories necessary for safe operation— Shifting and falling cargo protection, 33430-33440 05-11332 NOTICES Motor carrier safety standards: Exemption applications— Xora, Inc., 33578-33580 05-11333 Federal Railroad Federal Railroad Administration RULES Civil monetary penalties; inflation adjustment, 33380-33383 05-11396 NOTICES Exemption petitions, etc.:

Illinois Railway Museum, 33580 05-11414 Union Pacific Railroad Co., 33580-33581 05-11413 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 33494 05-11352 Formations, acquisitions, and mergers, 33494 05-11351 Meetings: Consumer Advisory Council, 33494-33495 05-11408 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33581 05-11319 Fish Fish and Wildlife Service NOTICES Post-delisting Monitoring Plans:

Tinian monarch and brown treesnake, 33522-33523 05-11258 Food Food and Drug Administration PROPOSED RULES Food for human consumption: Salmonella; shell egg producers to implement prevention measures, 33404-33405 05-11407 Forest Forest Service NOTICES Environmental statements; notice of intent: Chequamegon-Nicolet National Forest, WI, 33442-33444 05-11364 Uinta National Forest, UT; livestock grazing allotments, 33444-33445 05-11335 Meetings: Resource Advisory Committees— Deschutes and Ochoco National Forests, 33445 05-11362 GSA General Services Administration RULES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 33495 05-11359 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Transportation Security Administration NOTICES Meetings: Homeland Security Advisory Council, 33519 05-11436 Housing Housing and Urban Development Department RULES Government National Mortgage Association (Ginnie Mae):

Mortgage-backed securities guaranty; minimum face value of securities; regulation removed, 33650-33652 05-11312 PROPOSED RULES Community facilities: Empowerment zones; grant funds utilization; performance standards, 33642-33648 05-11311 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33519-33522 05-11310 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Corrosion-resistant carbon steel flat products from— Japan, 33448 E5-2931 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Actuarial Examinations Advisory Committee, 33441 05-11340 Labor Labor Department See Employment and Training Administration See Workers’ Compensation Programs Office Land Land Management Bureau NOTICES Meetings: Resource Advisory Committees— Coos Bay District, 33523-33524 05-11366 Resource Advisory Councils— Southwest Colorado; correction, 33523 05-11341 Maritime Maritime Administration NOTICES Merchant Marine Act:

Title XI Loan Guarantee Program; remedies, 33581-33585 05-11316 Minerals Minerals Management Service NOTICES Meetings: Outer Continental Shelf Policy Committee, 33524 05-11353 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Construction contracts; labor standards, 33662-33671 05-11186 Deferred compensation and postretirement benefits other than pensions, 33671-33673 05-11185 Gains and losses, maintenance and repair costs, and material costs, 33673-33676 05-11184 Introduction, 33654-33655 05-11179 Noncommercial modifications of commercial items; submission of cost or pricing data, 33659-33660 05-11188 Payment of union dues or fees; notification of Employee rights, 33655-33656 05-11180 Performance-based contracting use for services; incentives, 33657-33659 05-11189 SDB and HUBZone price evaluation factor; applicability, 33661-33662 05-11187 Small entity compliance guide, 33676-33677 05-11183 Telecommuting for Federal contractors, 33656-33657 05-11181 NOTICES Inventions, Government-owned; availability for licensing, 05-11301 05-11302 05-11303 33530-33531 05-11304 05-11305 05-11306 Patent licenses; non-exclusive, exclusive, or partially exclusive:

FARO Technologies, Inc., 33531 05-11308 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 33531-33532 05-11337 Privacy Act: Systems of records; correction, 33532 05-11360 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and tanner crab; correction, 33390-33398 05-11392 Caribbean, Gulf, and South Atlantic fisheries— Vermilion snapper, 33385-33390 05-11391 PROPOSED RULES Endangered and threatened species:

Sea turtle conservation requirements— Mid-Atlantic; sea scallop dredge vessels; public hearing, 33440 05-11393 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33448-33449 05-11338 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 05-11386 33532-33533 05-11387 05-11388 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel; correction, 33457 05-11446 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Fuel cycle facilities; interim staff guidance, 33537-33538 E5-2919 *Applications, hearings, determinations, etc.:* Entergy Operations, Inc., 33533 E5-2917 Nuclear Management Co., LLC, 33533-33536 E5-2914 E5-2915 Southern Nuclear Operating Co., Inc., 33536-33537 E5-2918 Wisconsin Power Service Corp., et al., 33537 E5-2916 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous materials:

Transportation— Exemptions; incorporation into regulations; reporting and recordkeeping requirements, 33378-33380 05-11399 Postal Postal Service NOTICES Meetings; Sunshine Act, 33538 05-11471 Risk Risk Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 33445-33447 05-11313 05-11314 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 33447 05-11339 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 33538-33539 E5-2935 Public Utility Holding Company Act of 1935 filings, 33539-33562 E5-2934 Self-regulatory organizations; proposed rule changes:

Boston Stock Exchange, Inc., 33562-33564 E5-2940 Chicago Board Options Exchange, Inc., 33564-33567 E5-2939 Chicago Stock Exchange, Inc., 33567-33569 E5-2936 International Securities Exchange LLC, 33569-33570 E5-2937 National Securities Clearing Corp., 33570-33571 E5-2932 New York Stock Exchange, Inc., 33571-33575 E5-2933 E5-2938 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 33586 05-11157 Union Pacific Railroad Co., 33586 05-11282 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 33587 05-11317 Trade Trade Representative, Office of United States NOTICES World Trade Organization:

Dispute settlement panel establishment requests— Japan; antidumping duty orders on certain products, 33575-33576 05-11372 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Transportation Transportation Security Administration RULES Privacy Act; implementation, 33383-33385 05-10632 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Thrift Supervision Office Workers’ Workers’ Compensation Programs Office RULES Energy Employees Occupational Illness Compensation Program Act; implementation:

Lump-sum payments and medical benefits payments to covered DOE employees, their survivors, certain vendors, contractors and subcontractors, 33590-33639 05-10936 Separate Parts In This Issue Part II Labor Department, Workers’ Compensation Programs Office, 33590-33639 05-10936 Part III Housing and Urban Development Department, 33642-33648 05-11311 Part IV Housing and Urban Development Department, 33650-33652 05-11312 Part V Defense Department; General Services Administration; National Aeronautics and Space Administration, 33654-33677 05-11179 05-11180 05-11181 05-11183 05-11184 05-11185 05-11186 05-11187 05-11188 05-11189 Part VI Federal Communications Commission, 33680-33687 05-11473 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. 70 109 Wednesday, June 8, 2005 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NN301; Special Conditions No. 25-290-SC] Special Conditions: Boeing Model 747SP; NASA Stratospheric Observatory for Infrared Astronomy (SOFIA);

Cryogenic Systems Using Liquid Nitrogen and Liquid Helium AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are issued for the Boeing Model 747SP airplane. This airplane, as modified by L-3 Communications/Integrated Systems, of Waco, Texas, will have novel and unusual design features associated with cryogenic systems using liquid nitrogen and liquid helium. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: Effective July 8, 2005. FOR FURTHER INFORMATION CONTACT: Kathi Ishimaru, FAA, Propulsion/Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; telephone

(425)227-2674; facsimile

(425)227-1232. SUPPLEMENTARY INFORMATION: Background On March 17, 1997, L-3 Communications/Integrated Systems, 7500 Maehr Road, Waco, Texas 76705, applied for a Supplemental Type Certificate

(STC)to modify a Boeing Model 747SP airplane for use as a flying observatory. This airplane will fly in the stratosphere to altitudes of 45,000 feet and use infrared technology to observe objects in space. The airplane is a stratospheric observatory for infrared astronomy or SOFIA. The modification consists of the installation of a 2.5-meter telescope, scientist workstations, and containment vessels for liquid helium and nitrogen (liquid converters, valves, evaporating coils, liquid lines, regulators, indicators, fittings, etc). Various science instruments (each having their own airworthiness approval), each weighing approximately 800 pounds, located in the workstation area, can be attached to the telescope for a specific mission (one per mission only). The mission of the SOFIA airplane is to collect infrared signals. The observatory collects very weak infrared signals that were emitted by distant objects in space thousands of years ago. These signals are focused through the telescope onto sensors in the science instrument which is located on the cabin side of the telescope. To detect the weak infrared signals, the detectors in these sensors are cooled to temperatures near absolute zero by the use of cryogenic fluids. These fluids are contained in vessels similar to vacuum bottles. Their design and installation are covered by these special conditions. These extremely cold environments can only be produced by cryogenic liquids. The SOFIA observatory depends on liquid helium and nitrogen to chill the internal passageways of the detector systems. The amount of cryogens used here is small. Cryogens, in a much greater quantity, are used in the area where the telescope mirror is installed. Liquid nitrogen is converted to a gas and circulated around the mirror to pre-cool it to prevent it from fogging up as it goes from a warm moist atmosphere on the ground to the cold dry atmosphere at high altitudes. The modified Boeing Model 747SP airplane, with the L-3 Communications/Integrated Systems design will fly to 45,000 feet and in a gradual arc pattern for extended periods of time. Additionally, various science instruments will be installed under this STC or similar STCs, which will be referenced back to this STC. Type Certification Basis Under the provisions of 14 CFR 21.101, L-3 Communications/Integrated Systems must show that the modified Boeing Model 747SP airplane, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A20WE, 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.” If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , part 25, as amended) do not contain adequate or appropriate safety standards for the Boeing Model 747SP airplane modified by L-3 Communications/Integrated Systems 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 747SP must comply with

(1)either the “No Acoustical Change” provisions of § 21.93(b) or 14 CFR part 36, as amended by Amendments 36-1 through 36-23 and any later amendments that are effective 5 years prior to the STC approval date, and

(2)either the “No Emissions Change” provisions of § 21.93(c) or 14 CFR part 34, as amended by Amendments 34-1 through 34-3. 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 L-3 Communications/Integrated Systems apply at a later date for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same 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 The modified Boeing Model 747 SP will incorporate the following novel or unusual design features: 1. Cryogenic fluids (nitrogen and helium) contained in the science instrument in the cabin compartment. The cryogenic gases could cause an asphyxiation hazard to the crew and passengers. 2. The cryogens (liquid nitrogen), stored for chilling the mirror during ascent, might come in contact with the airplane's structure, which could cause damage to the surrounding structural areas. The cryogenic systems must be designed and installed to ensure that no failure of the systems, including a leak in any part of the systems, would prevent continued safe flight and landing of the airplane. There are no specific regulations that address the design and installation of liquid nitrogen systems and liquid helium systems. Existing requirements such as 14 CFR 25.1309 and 25.1438(b) are applicable to this installation. However, these regulations do not address the effect of cryogenic gases of passengers or crew and aircraft structure. The FAA needs to specify additional design standards, which specifically address these novel or unusual design features for systems utilizing cryogen liquids to ensure that a minimum level of safety is maintained, establishing a level of safety equivalent to the current regulations. Discussion of Comments Notice of proposed special conditions No. 25-05-01-SC for the Boeing Model 747 SP; NASA Stratospheric Observatory For Infrared Astronomy (SOFIA) airplanes was published in the **Federal Register** on February 8, 2005 (70 FR 6598). No comments were received, and the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to Boeing 747SP airplane. Should L-3 Communications/Integrated Systems apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A20WE to incorporate the same novel or unusual design feature, these special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on the Boeing Model 747SP airplane. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and record keeping 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 type certification basis for the Boeing Model 747SP airplane as modified by L-3 Communications/Integrated Systems, of Waco, Texas: 1. Occupied compartments that contain cryogenic fluids must be provided with a means of ventilation to prevent the accumulation of cryogenic gases to a level that may cause an asphyxiation hazard to the crew or passengers. 2. Cryogen dewars must be limited to a maximum capacity of 70 liters of liquid nitrogen and 80 liters of liquid helium. These limits placed on the instrument are adequate to allow the instrument to perform the mission. 3. Pressure relief valves must provide release of gases to prevent overpressure of dewars and plumbing lines. The pressure relief valves must be vented overboard through a drain in the bottom of the airplane unless it is substantiated that the valves can be safely vented inside the airplane. The cryogenic system must be designed to prohibit the pressure relief valves from freezing due to air condensing and freezing. 4. Cryogenic equipment and plumbing installations must be designed such that a spill, rupture, or any other failure to contain the liquid cryogen will not result in direct contact of the liquid cryogen with load bearing structure or critical airplane equipment that is essential for the continued safe flight and landing of the airplane. Because of the extremely low temperature of the liquid cryogen, direct contact may adversely affect the material properties and integrity of load bearing structure. Direct contact of liquid cryogen with critical airplane equipment may cause failure of the equipment to perform its intended function. 5. An analysis must be accomplished to substantiate that the airplane will not be overpressurized in the event of a catastrophic failure of all the dewars containing cryogenic fluid. 6. The location of the cryogenic equipment and plumbing installations must minimize the risk of damage due to an uncontained rotor or fan blade failure. All equipment containing high-energy rotors must be considered, such as turbine engines, auxiliary power units, ram air turbines, electric/pneumatic engine starters, air cycle machines, and certain cooling fans. In addition to properly locating the cryogenic system, operational procedures and shields may be used to minimize the risk of damage. New equipment containing high-energy rotors whose uncontained failure could damage the cryogenic system must comply with § 25.1461, Amendment 25-41. 7. The cryogenic system must be designed to minimize condensation of the atmospheric air, which could result in a liquid enriched with oxygen due to nitrogen having a lower boiling point than oxygen. Any condensation from system components or lines must be collected by drip pans, shields, or other suitable collection means and drained overboard through a drain fitting separate from the pressure relief vent fittings, if equipped for compliance with Special Condition No. 3. The condensation must be isolated from combustible materials including grease, oil, and ignition sources. 8. Instructions for continued airworthiness

(ICA)must require periodic inspection of cryogenic components. The ICA must also include periodic inspection of plumbing insulation to ensure integrity. 9. Shutoff valves must be installed where multiple cryogenic pressurized storage vessels are connected together by manifolds so that a leak in one pressurized storage vessel can be isolated and will not allow leakage of the cryogenic fluids from any other pressurized storage vessel. 10. Cryogenic components must be burst pressure tested to 3.0 times, and proof pressure tested to 1.5 times the maximum normal operating pressure. Tests must account for the worst-case combination of temperature and material strength properties that the components are exposed to in service. 11. The plumbing installation must be designed to account for thermal expansion and thermally induced stresses. 12. The cryogenic system must be protected from unsafe temperatures and located where the probability of hazards of rupture in a crash landing are minimized. 13. The proof of strength of airframe load bearing structure in the vicinity of cryogenic equipment and plumbing must account for temperature extremes, and the effect on the strength of materials, resulting from carriage of cryogenic fluids. Issued in Renton, Washington, on May 26, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05-11324 Filed 6-7-05; 8:45 am]

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