Unknown. Final special conditions; request for comments

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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-2005-08-03.xml --- 70 148 Wednesday, August 3, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES California Clingstone Peach Diversion Program, 44525-44533 05-15231 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44553-44554 05-15288 Environmental statements; availability, etc.:

Saltceder control; nonindigenous leaf beetle release, 44554 05-15287 Antitrust Antitrust Division NOTICES National cooperative research notifications: Ultrasonic Metal Welding-Enabling the All Aluminum Vehicle Joint Venture, 44696 05-15300 Army Army Department See Engineers Corps PROPOSED RULES Personnel: Army Board for Correction of Military Records; policies, procedures, and administrative instructions, 44536-44537 05-15299 NOTICES Environmental statements; availability, etc.:

Fort Indiantown Gap, PA; National Guard Training Center, brigade transformation, 44579-44580 05-15278 Makua Military Reservation, HI; military training activities, 44580-44581 05-15277 Patent licenses; non-exclusive, exclusive, or partially exclusive: Multipurpose self-erecting structure having advanced insect protection and storage characteristics, 44581 05-15297 Privacy Act: Systems of records, 05-15352 44581-44582 05-15357 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

President's Malaria Initiative Program, 44650-44656 05-15271 Coast Guard Coast Guard RULES Regattas and marine parades and ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Seattle Seafair Unlimited Hydroplane Race and Blue Angels Air Show Performance; Lake Washington, WA, 44470 05-15309 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-15265 44557-44558 05-15266 05-15267 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 44565-44569 05-15443 05-15444 05-15445 05-15446 05-15447 Corporation Corporation for National and Community Service NOTICES Reports and guidance documents; availability, etc.: Strategic plan (2005-2010), 44569-44570 05-15261 Defense Defense Department See Army Department See Defense Logistics Agency See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 44570-44571 05-15289 Meetings: Defense Acquisition Performance Assessment Project, 44571 05-15455 Privacy Act:

Systems of records, 44571-44579 05-15351 05-15353 05-15355 05-15358 05-15359 Defense Defense Logistics Agency NOTICES Privacy Act: Systems of records, 44582-44584 05-15354 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Rehabilitation Long-Term Training Program, 44588-44592 05-15254 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 44841-44845 05-15253 Special education and rehabilitative services:

Blind vending facilities under Randolph-Shepard Act— Arbitration panel decisions, 44592-44593 05-15284 Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program; priorities and definitions, 44834-44841 05-15252 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 44593 05-15449 Reports and guidance documents; availability, etc.: Voluntary guidance implementation of Statewide voter registration lists, 44593-44598 05-15336 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Sodium-bearing waste; steam reforming option preferred treatment technology, 44598-44600 05-15293 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44600-44601 05-15292 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Kissimmee Chain of Lakes, FL; Kissimmee River Restoration Project, 44584-44585 05-15295 Lake Okeechobee, FL; Lake Okeechobee Regulation Schedule Study, 44585-44586 05-15296 St.

Martin and Iberia Parishes, LA; Atchafalaya Basin Floodway System Project, 44586-44588 05-15298 Grants and cooperative agreements; availability, etc.: Estuary Habitat Restoration Program; correction, 44719 C5-14584 EPA Environmental Protection Agency RULES Air quality implementation plans: Preparation, adoption, and submittal— 8-hour ozone national ambient air quality standard; 1-hour standard revoked; Phase 1 technical correction, 44470-44478 05-15218 Air quality implementation plans; approval and promulgation; various States:

Northern Mariana Islands, 44478-44481 05-15326 Oregon; correction, 44481-44483 05-15338 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Acetic acid, 44483-44488 05-15148 Alachlor, etc., 44488-44492 05-15335 Dichlorodifluoromethane, etc., 44492-44496 05-15334 Solid waste: Hazardous waste; identification and listing— Exclusions, 44496-44505 05-15329 Land disposal restrictions— Chemical Waste Management, Chemical Services, LLC; selenium waste site-specific treatment standard variance, 44505-44512 05-15325 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Oregon; correction, 44537 05-15337 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44628-44631 05-15327 05-15328 Animal feeding operations; consent agreement, 44631 05-15431 Meetings: Pesticide Program Dialogue Committee, 44631-44632 05-15333 Pesticide programs: Risk assessments— Ethylene oxide, 44632-44634 05-15219 Pesticide registration, cancellation, etc.: Hartz Mountain Corp., 44635-44637 05-15331 05-15332 Registration maintenance fees; cancellation of pesticides for non-payment, 44637-44645 05-15145 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness standards:

Special conditions— Maule Aerospace Technology, Inc., Model M-7-230, M-7-230C, and M-9-230 airplanes, 44463-44465 05-15310 Class E airspace, 44465-44466 05-15311 Restricted areas, 44466 05-15313 PROPOSED RULES Class E airspace, 44533-44534 05-15314 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44716 05-15312 FCC Federal Communications Commission RULES Digital television stations; table of assignments: North Carolina, 44513 05-14955 Radio stations; table of assignments:

Arizona, 44516-44517 05-14956 California, 44519-44520 05-15129 Florida, 44514 05-14958 Mississippi, 44514-44515 05-14954 Oklahoma, 44514 05-14961 Texas, 44517-44520 05-14959 05-15128 05-15130 Various States, 05-14962 44515-44519 05-14964 05-15135 PROPOSED RULES Organization: FM table of allotments procedures and radio broadcast services community of license changes, 44537-44542 05-15427 Radio stations; table of assignments: Kansas, 44542-44543 05-14965 Missouri, 44543-44544 05-14960 Texas, 44543 05-14963 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44645-44648 05-15131 05-15132 05-15133 05-15134 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

North Dakota, 44674 05-15237 South Dakota, 44675 05-15235 05-15238 Meetings: Emergency Medical Services Federal Interagency Committee, 44675-44676 05-15236 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: Nucor-Yamamoto Steel Co. and Nucor Steel-Arkansas et al., 44614-44615 05-15398 Quest Energy, L.L.C, et al., 44615 E5-4157 Environmental statements; availability, etc.: Louisville Gas and Electric Co., 44615 E5-4167 Northern Natural Gas Co., 44615-44616 05-15382 Environmental statements; notice of intent:

Calhoun LNG, L.P., et al, 44616-44618 05-15383 Columbia Gas Transmission Corp., 44618-44620 E5-4177 Hydroelectric applications, 44620-44628 E5-4159 E5-4163 E5-4166 E5-4168 E5-4170 E5-4172 E5-4179 E5-4182 E5-4186 Meetings: Equitrans, L.P; settlement conference, 44628 E5-4171 *Applications, hearings, determinations, etc.:* BP Pipelines (Alaska) Inc., et al., 44601 E5-4162 Buffalo Gap Wind Farm, LLC, 44601-44602 E5-4155 Colorado Interstate Gas Co., 44602 E5-4178 Columbia Gas Transmission Corp., 44602-44603 05-15395 Eastern Shore Natural Gas Co., 44603 E5-4187 El Paso Natural Gas Co., 44603 E5-4173 Exelon Generating Co., LLC, et al, 44603-44604 05-15386 Fall Line Hydro Co., Inc., 44604 E5-4164 Florida Gas Transmission Co., 44604 E5-4185 Fox River Paper Co., et al., 44604-44605 05-15394 FPL Energy Maine Hydro, LLC, 44605 05-15392 Gulfstream Natural Gas System, L.L.C, 44605 05-15387 High Island Offshore System, LLC, E5-4169 44605-44606 05-15389 Idaho Power Co., 44606-44607 E5-4161 MACH Gen, LLC, et al., 44607 E5-4154 MDU Resources Group, Inc., 44607-44608 E5-4160 Midwestern Gas Transmission Co., 44608 E5-4181 MIGC, Inc., 44608-44609 05-15396 North Baja Pipeline, LLC, 44609 E5-4183 Oklahoma Municipal Power Authority, 44609 E5-4156 Pacific Gas & Electric Co., 44609-44610 E5-4165 PacifiCorp, 44610 05-15393 Pine Needle LNG Co., LLC, 44610 E5-4180 PJM Interconnection, L.L.C, 44610-44611 05-15385 Questar Pipeline Co., E5-4176 44611-44612 E5-4188 05-15390 Texas Gas Transmission, LLC, 44612 E5-4175 Transcontinental Gas Pipe Line Corp., 44612 05-15399 Trunkline LNG Co., LLC., 44612-44613 05-15391 05-15397 Williston Basin Interstate Pipeline Co., 44613 05-15388 Wisconsin Power and Light Co., 44614 E5-4158 Wisconsin Public Service Corp., 44614 05-15384 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

King County, WA, 44716-44717 05-15270 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 44648 05-15342 Ocean transportation intermediary licenses: G.P. Logistics, Inc., et al., 44648-44649 05-15350 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 05-14880 44649-44650 05-15269 Meetings; Sunshine Act, 44650 05-15378 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 44650 05-15475 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Cactus ferruginous pygmy-owl, 44547-44552 05-15302 Findings on petitions, etc.— Wright fishhook cactus, 44544-44547 05-15301 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44677-44678 05-15304 05-15305 Comprehensive conservation plans; availability, etc.: Sacramento River National Wildlife Refuge, CA, 44678-44679 05-15281 Endangered and threatened species and marine mammal permit applications, 44679-44680 05-15306 Endangered and threatened species permit applications, 44680-44681 05-15307 Environmental statements; notice of intent:

Rio Grande silvery minnow; meetings, 44681-44684 05-15303 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Doramectin; correction, 44719 C5-14630 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 05-15369 44656-44657 05-15371 Federal Food, Drug, and Cosmetic Act: Emergency use of Anthrax vaccine absorbed for prevention of inhalation anthrax, 44657-44660 05-15233 Meetings: Critical path initiative; developing prevention therapies; approaches and obstacles; workshop, 44660-44662 05-15282 National Mammography Quality Assurance Advisory Committee, 44662 05-15373 Food Food Safety and Inspection Service NOTICES Meetings:

Salmonella in poultry; advances in pre-harvest reduction, 44554-44556 05-15428 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* North Carolina Revlon Consumer Products Corp.; manufacturing and warehousing facilities, 44558-44559 05-15368 South Carolina, 44559 05-15367 Forest Forest Service NOTICES Meetings: Olympic Province Advisory Committee, 44556 05-15274 Resource Advisory Committees— Fresno County, 44556 05-15273 Tehama County, 44556 05-15256 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44676-44677 E5-4131 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44662-44664 05-15279 05-15280 Industry Industry and Security Bureau NOTICES Meetings:

Materials Processing Equipment Technical Advisory Committee, 44559 05-15364 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service RULES Administrative wage garnishment; collection of debts, 44512-44513 05-15258 IRS Internal Revenue Service RULES Income taxes: Simplified service cost method and simplified production method, 44467-44470 05-15363 PROPOSED RULES Income taxes: Simplified service cost method and simplified production method; cross-reference, 44535-44536 05-15362 NOTICES Meetings:

Taxpayer Advocacy Panels, 05-15360 44717 05-15361 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— China, 44560 E5-4130 Forged stainless steel flanges from— India, 44560-44563 E5-4128 Fresh garlic from— China, 44563 E5-4127 Reports and guidance documents; availability, etc.: Antidumping proceedings; duty drawback practice, 44563-44564 E5-4129 International International Trade Commission NOTICES Import investigations:

Hand-held mobile computing devices, components, and cradles, 44693-44694 05-15262 Laminated floor panels, 44694-44695 05-15260 Petroleum wax candles from— China, 44695-44696 05-15263 Justice Justice Department See Antitrust Division See Parole Commission Labor Labor Department NOTICES Grants and cooperative agreements; availability, etc.: Jesus Cares Ministries, 44696-44697 05-15285 Land Land Management Bureau NOTICES Meetings: National Historic Oregon Trail Interpretive Center Advisory Board, 44684 05-15275 Resource Advisory Councils— Boise District, 44684-44685 05-15272 John Day/Snake, 44685 05-15276 NASA National Aeronautics and Space Administration NOTICES Environmental statements; availability, etc.:

New Horizons Mission, 44697-44698 05-15250 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44698-44699 05-15286 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel; canceled, 44699 05-15255 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Child restraint systems— Improved test dummies, updated test procedures, and extended child restraints standards for children up to 65 pounds, 44520-44523 05-15268 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 44664-44665 05-15239 Inventions, Government-owned; availability for licensing, 44665-44668 05-15347 05-15348 Meetings:

National Cancer Institute, 44668 05-15243 National Heart, Lung, and Blood Institute, 44668-44669 05-15244 National Human Genome Research Institute, 44669 05-15240 National Institute of Mental Health, 44670 05-15247 National Institute of Nursing Research, 44669-44670 05-15245 National Institute on Alcohol Abuse and Alcoholism, 44669 05-15241 Scientific Review Center, 44670-44671 05-15242 05-15246 Patent licenses; non-exclusive, exclusive, or partially exclusive: Ascenta Therapeutics, Inc., 44671-44672 05-15349 Gastrotech Pharma, 44672-44673 05-15343 Gloucester Pharmaceuticals, 44673 05-15345 Vaccine Co., 44673-44674 05-15344 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Rockfish, 44523-44524 05-15341 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44564-44565 05-15264 National Park National Park Service NOTICES Meetings: Concessions Management Advisory Board, 44685 05-15356 National Park Subsistence Resource Commission, 44685-44686 05-15315 Native American human remains, funerary objects; inventory, repatriation, etc.: Agriculture Department, et al.— Gila National Forest, NM, 44686-44687 05-15316 05-15322 Bernice Pauahi Bishop Museum, Honolulu, HI, 44687-44688 05-15323 Interior Department— National Park Service, Organ Pipe Cactus National Monument, AZ, 44688-44689 05-15317 Interior Department, et al.— Arizona State Museum, University of Arizona, Tucson, AZ, 44689-44691 05-15320 05-15321 Northwest Christian College Museum, Kellenberger Library, Eugene, OR, 44691-44692 05-15324 Oregon State University, Corvallis, OR, 44692 05-15319 University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 44693 05-15318 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 44696 05-15405 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44699-44700 05-15366 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 44700-44701 05-15308 Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings:

Advisory Board, 44717 05-15294 SEC Securities and Exchange Commission RULES Securities: Securities offerings reform; registration; communications, and offering processes; modification, 44722-44831 05-14560 NOTICES Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information; Reporting Plan; amendments, 44702 E5-4125 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 44703-44704 E5-4119 Boston Stock Exchange, Inc., 44704-44707 E5-4121 E5-4124 National Association of Securities Dealers, Inc., 44707-44711 E5-4117 E5-4120 E5-4122 New York Stock Exchange, Inc., 44712-44713 E5-4123 Pacific Exchange, Inc., 44713-44714 E5-4126 *Applications, hearings, determinations, etc.:* Morgan Stanley & Co., 44701 E5-4118 United Financial Mortgage Corp., 44701 E5-4116 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Norfolk Southern Railway Co.; correction, C5-14077 44719 C5-14078 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES World Trade Organization: China: compliance with WTO commitments; public hearing, 44714-44715 05-15365 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Saint Lawrence Seaway Development Corporation See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44718 05-15234 Separate Parts In This Issue Part II Securities and Exchange Commission, 44722-44831 05-14560 Part III Education Department, 44834-44845 05-15252 05-15253 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. 70 148 Wednesday, August 3, 2005 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE201; Special Conditions No. 23-141-SC] Special Conditions; Maule Aerospace Technology, Inc.

M-7-230, M-7-230C, and M-9-230 Airplane Models; Installation of Full Authority Digital Engine Control (FADEC) System and the Protection of the System From the Effects of 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 Maule Aerospace Technology, Inc., for the Maule Aerospace Technology, Inc. M-7-230, M-7-230C, and M-9-230 airplane models. These airplanes will have a novel or unusual design feature(s) associated with the installation of an engine that uses an electronic engine control system in place of the engine's mechanical system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards applicable to these airplanes. These special conditions were issued and effective in December 2003; however, they were inadvertently not published. This document is being published with the same effective date to correct that oversight. DATES: The effective date of these special conditions is December 17, 2003. Comments must be received on or before September 2, 2005. ADDRESSES: Comments may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket Clerk, Docket No. CE201, Room 506, 901 Locust, Kansas City, Missouri 64106. All comments must be marked: Docket No. CE201. 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, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone 816-329-4127, fax 816-329-4090. 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 special condition 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. CE201.” The postcard will be date stamped and returned to the commenter. Background On October 26, 2000, Maule Aerospace Technology, Inc. applied for a type certificate for the M-7-230, M-7-230C, and M-9-230 models. The M-7-230, M-7-230C, and M-9-230 models are powered by one reciprocating engine equipped with an electronic engine control system with full authority capability in place of the hydromechanical control system. Type Certification Basis Under the provisions of 14 CFR part 21, § 21.17, Maule Aerospace Technology, Inc. must show that Models M-7-230, M-7-230C, and M-9-230 meet the applicable provisions of Part 3, Civil Air Regulations, effective May 15, 1956 as amended by 3-1 through 3-5; the following 14 CFR part 23 regulations at Amendment 23-55 that do not have equivalent rules in CAR 3: §§ 23.853(e)(f), 23.943, 23.1091, 23.1125, 23.1305, 23.1337, 23.863, 23.955, 23.1093, 23.1143, 23.1309, 23.1351, 23.865, 23.961, 23.1103, 23.1163, 23.1311, 23.1353(h), 23.903(f), 23.997, 23.1107, 23.1181, 23.1321, 23.1361, 23.909, 23.1043, 23.1121, 23.1182, 23.1322, 23.1365, 23.939(b), 23.1047, 23.1123, 23.1183, 23.1331; 14 CFR part 36, Amendment 36-24; exemptions, if any; and the special conditions adopted by this and other rulemaking actions. If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , 14 CFR part 23) do not contain adequate or appropriate safety standards for the Models M-7-230, M-7-230C, and M-9-230 because of novel or unusual design features, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Models M-7-230, M-7-230C, and M-9-230 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, and the FAA must issue a finding of regulatory adequacy pursuant to § 611 of Public Law 92-574, the “Noise Control Act of 1972.” Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.17(a)(2). Special conditions are initially applicable to the models for which they are issued. Should the type certificate be amended later to include any other models that incorporate the same novel or unusual design feature, the special conditions would also apply to the other models under the provisions of § 21.101. Novel or Unusual Design Features The Models M-7-230, M-7-230C, and M-9-230 will incorporate the following novel or unusual design features: Maule Aerospace Technology, Inc. Models M-7-230, M-7-230C, and M-9-230 airplanes will use an engine that includes an electronic control system with full engine authority capability. Many advanced electronic systems are prone to either upsets or damage, or both, at energy levels lower than analog systems. The increasing use of high power radio frequency emitters mandates requirements for improved high intensity radiated fields

(HIRF)protection for electrical and electronic equipment. Since the electronic engine control system used on the Maule Aerospace Technology, Inc. Models M-7-230, M-7-230C, and M-9-230 will perform critical functions, provisions for protection from the effects of HIRF fields should be considered and, if necessary, incorporated into the airplane design data. The FAA policy contained in Notice 8110.71, dated April 2, 1998, establishes the HIRF energy levels that airplanes will be exposed to in service. The guidelines set forth in this Notice are the result of an Aircraft Certification Service review of existing policy on HIRF, in light of the ongoing work of the ARAC Electromagnetic Effects Harmonization Working Group (EEHWG). The EEHWG adopted a set of HIRF environment levels in November 1997 that were agreed upon by the FAA, JAA, and industry participants. As a result, the HIRF environments in this notice reflect the environment levels recommended by this working group. This notice states that a full authority digital engine control is an example of a system that should address the HIRF environments. Even though the control system will be certificated as part of the engine, the installation of an engine with an electronic control system requires evaluation due to the possible effects on or by other airplane systems ( *e.g.* , radio interference with other airplane electronic systems, shared engine and airplane power sources). The regulatory requirements in 14 CFR part 23 for evaluating the installation of complex systems, including electronic systems, are contained in § 23.1309. However, when § 23.1309 was developed, the use of electronic control systems for engines was not envisioned; therefore, the § 23.1309 requirements were not applicable to systems certificated as part of the engine (reference § 23.1309(f)(1)). Also, electronic control systems often require inputs from airplane data and power sources and outputs to other airplane systems ( *e.g.* , automated cockpit powerplant controls such as mixture setting). Although the parts of the system that are not certificated with the engine could be evaluated using the criteria of § 23.1309, the integral nature of systems such as these makes it unfeasible to evaluate the airplane portion of the system without including the engine portion of the system. However, § 23.1309(f)(1) again prevents complete evaluation of the installed airplane system since evaluation of the engine system's effects is not required. Therefore, special conditions are proposed for the Maule Aerospace Technology, Inc. Models M-7-230, M-7-230C, and M-9-230 to provide HIRF protection and to evaluate the installation of the electronic engine control system for compliance with the requirements of § 23.1309(a) through

(e)at Amendment 23-46. Applicability As discussed above, these special conditions are applicable to the Models M-7-230, M-7-230C, and M-9-230. Should Maule Aerospace Technology, Inc. apply at a later date for a change to the type certificate to include another model incorporating 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 the M-7-230, M-7-230C, and M-9-230 airplanes. 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 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: PART 23—[AMENDED] Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.17; and 14 CFR 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 Maule Aerospace Technology, Inc. M-7-230, M-7-230C, and M-9-230 models of airplanes. 1. *High Intensity Radiated Fields

(HIRF)Protection.* In showing compliance with 14 CFR part 21 and the airworthiness requirements of 14 CFR part 23, protection against hazards caused by exposure to HIRF fields for the full authority digital engine control system, which performs critical functions, must be considered. To prevent this occurrence, the electronic engine control system must be designed and installed to ensure that the operation and operational capabilities of this critical system are not adversely affected when the airplane is exposed to high energy radio fields. At this time, the FAA and other airworthiness authorities are unable to precisely define or control the HIRF energy level to which the airplane will be exposed in service; therefore, the FAA hereby defines two acceptable interim methods for complying with the requirement for protection of systems that perform critical functions.

(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 external HIRF threat environment defined in the following table: Frequency Field strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100-500 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 strength, without the benefit of airplane structural shielding, in the frequency range of 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. Data used for engine certification may be used, when appropriate, for airplane certification. 2. *Electronic Engine Control System.* The installation of the electronic engine control system must comply with the requirements of § 23.1309(a) through

(e)at Amendment 23-46. The intent of this requirement is not to re-evaluate the inherent hardware reliability of the control itself, but rather determine the effects, including environmental effects addressed in § 23.1309(e), on the airplane systems and engine control system when installing the control on the airplane. When appropriate, engine certification data may be used when showing compliance with this requirement. Issued in Kansas City, Missouri on July 25, 2005. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 05-15310 Filed 8-2-05; 8:45 am]

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