Unknown. Final rule
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/register/2006/06/14/06-5320A 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-2006-06-14.xml --- 71 114 Wednesday, June 14, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Citizens’ Health Care Working Group, 06-5377 34369-34373 06-5379 Health Care Policy and Research Special Emphasis Panel, 34373 06-5378 Agricultural Agricultural Marketing Service RULES Watermelon research and promotion plan; redistricting, 34232-34235 E6-9234 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-9236 34300-34301 E6-9237 E6-9238 Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.:
U.S. Army training lands, AK; battle area complex and combined arms collective training facility; construction and operation, 34316-34317 06-5386 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 34373-34374 E6-9269 E6-9270 Immunization Practices Advisory Committee, 34374 E6-9266 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Chesapeake Bay, Fort Story, Virginia Beach, VA, 34255-34257 E6-9230 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34382-34384 E6-9231 E6-9232 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 34308 06-5438 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 34417-34418 E6-9229 Customs Customs and Border Protection Bureau NOTICES Antidumping and countervailing duties:
Continued dumping and subsidy offset; distribution to affected domestic producers; correction, 34420 C6-4937 Defense Defense Department See Army Department See Defense Intelligence Agency See Defense Logistics Agency See Engineers Corps See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 34308-34314 06-5406 Privacy Act; systems of records, 06-5400 34314-34316 06-5403 Defense Defense Intelligence Agency NOTICES Privacy Act; systems of records, 34317-34319 06-5402 06-5404 Defense Defense Logistics Agency NOTICES Privacy Act; systems of records, 34319-34320 06-5405 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 34330 E6-9267 Grants and cooperative agreements; availability, etc.:
Elementary and secondary education— Reading First Program, 34330-34331 E6-9287 Meetings: National Mathematics Advisory Panel, 34331-34332 06-5384 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34332-34334 E6-9264 E6-9265 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:
White River Minimum Flow Reallocation Study, AR; correction, 34420 C6-5057 Environmental statements; notice of intent: Jackson County, MS; Federal Pascagoula Harbor Navigation Project, 34320-34321 06-5385 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 34257-34259 06-5298 Pennsylvania, 34259-34262 06-5293 Pesticide programs: Pesticide registrations periodic review procedures; notification to Agriculture Secretary, 34262-34263 E6-9077 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Bacillus mycoides isolate J, 34263-34267 E6-9282 Potassium silicate, 34267-34272 E6-8939 PROPOSED RULES Air pollutants, hazardous; national emission standards: Synthetic organic chemical manufacturing industry, 34422-34446 06-5219 Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 34297-34298 06-5294 NOTICES Meetings: Good Neighbor Environmental Board, 34338 06-5412 Pesticide, food, and feed additive petitions: Bio-Oz Biotechnologies Ltd., 34338-34340 E6-9010 EARTH-KIND, Inc., 34340-34341 E6-8930 Interregional Research Project (No. 4), 34341-34345 E6-9198 E6-9202 E6-9211 Valent U.S.A.
Co., 34345-34347 E6-9189 Toxic and hazardous substances control: Chemical testing— Data receipt, 34347 E6-9280 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— AmSafe, Inc., inflatable restraints in normal and utility category non-23.562 certified airplanes, 34237-34243 E6-9226 Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II, and Warrior III series airplanes, 34235-34237 E6-9228 Standard instrument approach procedures, 34243-34247 06-5320 06-5321 PROPOSED RULES Airworthiness standards:
Special conditions— Aero Propulsion, Inc., Piper Model PA28-236 airplanes with Societe de Motorisation Aeronautiques Model SR305-230 aircraft diesel engines, 34292-34295 E6-9227 Thielert Aircraft Engines installed diesel cycle engines utilizing turbine
(jet)fuel in Piper PA 28-161 Cadet, Warrior II, and Warrior III series airplanes, 34288-34292 E6-9242 Class E airspace, 34296-34297 06-5366 NOTICES Aeronautical land-use assurance; waivers: City-County Airport, OR, 06-5363 34411-34412 06-5364 06-5365 Westerly State Airport, RI, 34412 06-5367 Meetings: RTCA Program Management Committee, 34412-34413 06-5368 FCC Federal Communications Commission RULES Practice and procedure: Benefits reserved for designated entities; competitive bidding rules and procedures, 34272-34279 E6-9275 Radio services, special: Advanced wireless services— Broadband radio and fixed microwave service operations; correction, 34420 C6-4769 Radio stations; table of assignments: California, 34279-34280 E6-8955 Missouri, 34279 06-5227 North Carolina, 34279 E6-9073 PROPOSED RULES Radio stations; table of assignments: Nevada, 34298 E6-8954 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34347-34348 E6-9072 Television broadcasting: Digital television— LPTV and TV translator digital companion channel applications; filing requirements, 34348-34354 E6-9071 Federal Energy Federal Energy Regulatory Commission NOTICES Electric utilities (Federal Power Act): Public utilities twenty largest purchasers; filing requirements, 34337 E6-9292 Environmental statements; availability, etc.: Northeast Generation Co., 34338 E6-9294 *Applications, hearings, determinations, etc.:* Alcoa Inc., 34334 E6-9291 Alcoa Power Generating Inc., 34334 E6-9293 Alliance Pipeline L.P., 34334-34335 E6-9296 Bluewater Gas Storage, LLC, 34335-34336 E6-9290 Guardian Pipeline, L.L.C., 34336 E6-9297 Gulf South Pipeline Co., LP, 34336 E6-9289 Texas Gas Transmission, LLC, 34336-34337 E6-9295 Wyckoff Gas Storage Co. LLC, 34337 E6-9298 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations: Traffic control devices on federal-aid and other streets and highways, 34297 E6-9243 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses: ACH Freight Forwarding Inc. et al., 34354-34355 E6-9274 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Minnesota Transportation Museum, Inc, 34413 E6-9277 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 34355 E6-9334 Formations, acquisitions, and mergers, 34355 E6-9285 Permissible nonbanking activities, 34355-34356 E6-9284 FTC Federal Trade Commission RULES Trade regulation rules: Television receiving sets; deceptive advertising as to sizes of viewable pictures shown, 34247-34249 E6-9233 NOTICES Premerger notification waiting periods; early terminations, 34356-34359 06-5392 Food Food and Drug Administration RULES Human drugs: Prescription Drug Marketing Act pedigree requirements; effective date and compliance policy guide, 34249-34251 06-5362 NOTICES Human drugs: Patent extension; regulatory review period determinations— CUBICIN, 34375-34376 E6-9225 DUTASTERIDE, 34374-34375 E6-9224 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Arizona, 34303 E6-9307 Delaware AstraZeneca Pharmaceuticals LP; pharmaceutical products manufacturing plant, 34303-34304 E6-9304 Premcor Refining Group Inc.; refinery expansion, 34303 E6-9288 Ohio, 34304 E6-9305 South Carolina JBE, Inc.; automotive parts distribution and assembly facility, 34304 E6-9306 Forest Forest Service NOTICES Environmental statements; notice of intent: San Bernadino National Forest, CA, 34301-34302 06-5397 GSA General Services Administration NOTICES Environmental statements; notice of intent: Cincinnati, OH; NIOSH facilities consolidation, 34359-34360 E6-9251 GAO Government Accountability Office NOTICES Reports and guidance documents; availability, etc.: Government Auditing Standards; revisions, 34360-34361 06-5393 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Electronic benefits transfer system; delivery of Federal and State assistance to disaster victims; development and implementation; information request, 34361-34362 E6-9314 Grants and cooperative agreements; availability, etc.: Mississippi Institute for Improvement of Geographic Minority Health and Health Disparities Program, 34362-34369 E6-9315 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau PROPOSED RULES Immigration: Aliens— Unauthorized and unlawful hiring or continued employment; safe-harbor procedures for employees who receive a no-match letter, 34281-34285 E6-9303 NOTICES Meetings: Individuals with Disabilities in Emergency Preparedness Interagency Coordinating Council, 34381-34382 E6-9299 Housing Housing and Urban Development Department PROPOSED RULES Manufactured home construction and safety standards: Manufacturing Housing Consensus Committee; recommendation rejection, 34464-34473 06-5390 Manufactured home installation program; establishment, 34476-34505 06-5389 NOTICES Grant and cooperative agreement awards: Healthy Homes and Lead Hazard Control Office Programs, 34384-34385 E6-9240 Grants and cooperative agreements; availability, etc.: Community Development Block Grant Program; disaster recovery— Alabama, 34448-34451 06-5381 Louisiana, 34451-34457 06-5383 Mississippi, 34457-34461 06-5382 Discretionary programs (SuperNOFA), 34385-34386 E6-9328 Interior Interior Department See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Committees; establishment, renewal, termination, etc.: Grand Staircase-Escalante National Monument Advisory Committee, 34386 06-5391 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China, 34304-34305 E6-9223 Stainless steel bar from— France, 34305 E6-9222 Wooden bedroom furniture from— China, 34305-34306 E6-9313 International International Trade Commission NOTICES Import investigations: Portable digital media players, 34390-34391 E6-9271 Stainless steel bar from— Various countries, 34391-34392 E6-9272 Labor Labor Department See Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34392-34393 E6-9261 MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34393-34396 E6-9254 E6-9257 E6-9259 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Wild Horse and Burro Advisory Board, 34386-34387 E6-9260 Environmental statements; availability, etc.: Carbon and Emery Counties, UT; Price Field Office planning area; resource management plan, 34387-34388 E6-9253 Environmental statements; notice of intent: Meeker, CO; oil and gas development, 34388-34389 E6-9255 Oil and gas leases: Utah, 34389 E6-9256 Wyoming, E6-9248 34389-34390 E6-9249 Realty actions; sales, leases, etc.: Montana, 34390 E6-9258 Management Management and Budget Office NOTICES Meetings: Acquisition Advisory Panel, 34397-34398 06-5407 Merit Merit Systems Protection Board RULES Practice and procedure: Actions filed by administrative law judges; constructive removal standard, 34231-34232 E6-9239 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council, 34396-34397 E6-9268 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: American Honda Motor Co., Inc., 34413-34414 E6-9278 Continental Tire North America, 34414-34415 E6-9244 Motor vehicle safety standards; exemptions petitions, etc.: General Motors Corp., 34415 E6-9279 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Complex cellular biological processes; computer programs development for modeling and simulating, 34376-34377 E6-9301 Inventions, Government-owned; availability for licensing, 34377-34378 E6-9302 Meetings: National Institute of Child Health and Human Development, 34380-34381 06-5360 National Institute of Diabetes and Digestive and Kidney Diseases, 06-5355 06-5356 34379-34380 06-5357 National Institute of General Medical Sciences, 34381 06-5361 National Institute on Drug Abuse, 34380 06-5358 06-5359 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Marine mammals: Commercial fishing authorizations— Atlantic Pelagic Longline Take Reduction Plan; public meeting, 34299 E6-9311 NOTICES Environmental statements; notice of intent: Non-tribal Pacific Coast groundfish; intersector allocations; public scoping period extension, 34306-34307 E6-9309 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 34397 06-5388 Navy Navy Department NOTICES Privacy Act; systems of records, 34321-34329 06-5394 06-5399 06-5401 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Stein, William III, M.D., 34285-34288 E6-9246 NOTICES *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 34397 E6-9252 Office Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Reports and guidance documents; availability, etc.: Patent subject matter eligibility; interim guidelines for examination of patent applications, 34307-34308 E6-9300 Postal Postal Service NOTICES Privacy Act; system of records, 34398-34399 E6-9221 SEC Securities and Exchange Commission NOTICES Joint industry plan: American Stock Exchange LLC, et al., 34399-34401 06-5375 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 34401-34405 06-5369 06-5371 06-5372 International Securities Exchange, Inc., 34406-34408 06-5370 06-5373 NASDAQ Stock Market LLC, 34408-34410 06-5374 SBA Small Business Administration NOTICES Disaster loan areas: Indiana, 34410-34411 E6-9245 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Texas, 34251-34255 E6-9286 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 34416 E6-9250 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 34416-34417 E6-9273 Veterans Veterans Affairs Department NOTICES Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 34418-34419 06-5352 Separate Parts In This Issue Part II Environmental Protection Agency, 34422-34446 06-5219 Part III Housing and Urban Development Department, 34448-34461 06-5381 06-5382 06-5383 Part IV Housing and Urban Development Department, 34464-34473 06-5390 Part V Housing and Urban Development Department, 34476-34505 06-5389 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. 71 114 Wednesday, June 14, 2006 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Actions Filed by Administrative Law Judges AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is amending its regulation governing actions filed by an administrative law judge
(ALJ)under 5 U.S.C. 7521 to repeal the standard for establishing a constructive removal under the statute that was formerly incorporated in the regulation. The standard for establishing a constructive removal is addressed in the Board's case law. The amended regulation provides procedural guidance for ALJ-initiated actions alleging violation of section 7521. DATES: *Effective Date:* June 14, 2006. FOR FURTHER INFORMATION CONTACT: Bentley M. Roberts, Jr., Clerk of the Board, Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419;
(202)653-7200; fax:
(202)653-7130; or e-mail: *mspb@mspb.gov* . SUPPLEMENTARY INFORMATION: The Board added 5 CFR 1201.142 to its regulations governing actions under 5 U.S.C. 7521 to cover actions filed by an ALJ rather than an agency. As promulgated in 1997, the regulation codified the Board's holding in *In re Doyle* , 29 M.S.P.R. 170 (1985), that a sitting ALJ may be constructively removed under 5 U.S.C. 7521 by agency actions that interfere with the ALJ's qualified decisional independence. In *Tunik* v. *Social Security Administration* , 93 M.S.P.R. 482 (2003), the Board overruled *Doyle* and held that to establish a constructive removal the ALJ must have left the position of ALJ and must show that the decision to leave was involuntary under the test for involuntariness used in appeals under 5 U.S.C. 7512. In a consolidated appeal reviewing *Tunik* and cases following it, the U.S. Court of Appeals for the Federal Circuit approved the Board's conclusion that the plain language of section 7521 can reasonably be read to apply only to cases of actual separation from employment as an ALJ. However, the court found that, because 5 CFR 1201.142 was issued pursuant to the notice-and-comment requirements of 5 U.S.C. 553, the Board lacked authority to overrule the regulation in an adjudication. The court stated that its conclusion did not foreclose the Board from repealing the rule in accordance with section 553(b). *Tunik* v. *Merit Systems Protection Board* , 407 F.3d 1326 (Fed. Cir. 2005). Accordingly, the Board proposed this amendment to section 1201.142 and published it for comments at 70 FR 48081 (August 16, 2005). The time for comments was subsequently extended to November 25, 2005, at 70 FR 61750 (October 16, 2005). The Board has received comments from two associations, an agency and two individuals. After careful consideration of the comments received, the Board is adopting the rule as proposed. 1. Four of the commenters urged the Board to retain the *Doyle* standard permitting constructive removal actions by sitting ALJs as necessary to protect the their decisional independence and the due process rights of claimants before them. Two of the commenters argued more specifically that under the amended rule punitive actions could be taken against ALJs in order to intimidate them from taking actions or to get them to alter their decisions. The Board does not find this argument persuasive. Congress has protected the independence of ALJs by enacting the statutory requirement that there be an MSPB finding of good cause before a removal from the position of ALJ (or other specified adverse action) can be taken. Since the Board's case law precludes a finding of good cause under section 7521 for an action based on how an ALJ decides a case, this protection permits ALJs to resist the most serious agency pressures that could undermine their independence. The Board sees no justification for extending its jurisdiction to provide additional protection beyond what Congress has provided through the authority given to the Board in the statute. 2. One commenter suggested that the amended regulation is inconsistent with the definition of removal under section 7521 found in 5 CFR 930.202(f) because under that regulation of the Office of Personnel Management, the definition includes reassignment to a non-ALJ position. This suggestion is based on a mistake. The amended regulation requires involuntary separation from the position of ALJ, not separation from the civil service. Reassignment to a non-ALJ position is clearly covered by the new standard, which is therefore not inconsistent with the definition in § 930.202(f). 3. One commenter suggested that the amended rule is unnecessary because the Board's decisions applying the *Doyle* standard have not found a constructive removal in cases involving routine management actions. This commenter suggested that the *Doyle* standard should be retained because it has deterred agency interference with ALJ independence. The commenter also suggested that under the new standard, sitting ALJs may, instead, challenge interference with their independence through actions based on the First Amendment in district court, with an adverse effect on judicial economy due to the loss of the Board's expertise in the decision of those cases. The Board finds that the fact that its case law under the *Doyle* standard is largely made up of nonmeritorious cases is not a reason for retaining the old standard, nor does it show that the old standard has deterred improper agency actions. Moreover, in *Tunik* the court approved the Board's determination that it was unlikely that in enacting section 7521 Congress intended to require agencies to obtain a good cause finding from the Board before taking such routine actions as assigning cases and implementing training requirements. *Tunik* , 407 F.3d at 1340. The Board finds that, to whatever extent the First Amendment rights of ALJs are actionable in district court, it has no bearing on the Board's interpretation of section 7521. 4. One commenter suggested that the *Doyle* standard should be retained in order to permit sitting ALJs to claim constructive removal based on alleged violations of the case assignment rotation requirement in 5 U.S.C. 3105. The Board finds that this suggestion fails to state a persuasive objection to the amendment of its regulation since the revised standard would permit consideration of an ALJ's involuntary resignation claim that is based on the agency's improper interference with his decisionmaking by assigning cases out of rotation. 5. One commenter supports the proposed amendment and urges the Board to provide upon issuance of the amended regulation that it will be applicable to pending cases. The Board finds that retroactive application of the amended regulation would be contrary to the court's decision in *Tunik* , which held that the cases in that consolidated appeal were subject to the standard stated in the former regulation because it could not be repealed in an adjudication. Under *Bowen* v. *Georgetown University Hospital* , 488 U.S. 204 (1988), the Board must have express statutory authority to make a substantive rule retroactive, authority which the Board does not have. The amended regulation that the Board is issuing is such a rule because it repeals the substantive standard for constructive removal stated in the old regulation and makes effective the standard for such a removal now contained in the Board's case law. List of Subjects in 5 CFR Part 1201 Administrative personnel, Actions against administrative law judges, Actions filed by administrative law judges. For the reasons set forth in the Preamble, the MSPB is amending 5 CFR part 1201 as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for 5 CFR part 1201 is revised to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. 2. Accordingly, the Board revises 5 CFR 1201.142 to read as follows: § 1201.142 Actions filed by administrative law judges. An administrative law judge who alleges a constructive removal or other action by an agency in violation of 5 U.S.C. 7521 may file a complaint with the Board under this subpart. The filing and serving requirements of 5 CFR 1201.37 apply. Such complaints shall be adjudicated in the same manner as agency complaints under this subpart. Dated: June 8, 2006. Bentley M. Roberts, Jr., Clerk of the Board. [FR Doc. E6-9239 Filed 6-13-06; 8:45 am] BILLING CODE 7400-01-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1210 [Doc. No. FV-05-704-IFR] Watermelon Research and Promotion Plan; Redistricting AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This interim final rule invites comments on changing the boundaries of all seven districts under the Watermelon Research and Promotion Plan
(Plan)to apportion producer and handler membership on the National Watermelon Promotion Board (Board). This will make all districts equal according to the previous three-year average production records. Pursuant to the provisions of the Plan and regulations, these changes are based on a review of the production and assessments paid in each district and the amount of watermelon import assessments, which the Plan requires at least every five years. DATES: Effective June 15, 2006. Comments must be received by July 14, 2006. ADDRESSES: Interested persons are invited to submit written comments concerning this rule to the Docket Clerk, Research and Promotion Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing Service (AMS), USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244; fax
(202)205-2800; e-mail: *daniel.manzoni@usda.gov* ; or Internet: *http://www.regulations.gov* . All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the above office during regular business hours or can be viewed at: *http://www.ams.usda.gov/fv/rpb.html* . FOR FURTHER INFORMATION CONTACT: Daniel Rafael Manzoni, Research and Promotion Branch, FV, AMS, USDA, Room 2535-S, Stop 0244, 1400 Independence Avenue, SW., Washington, DC 20250-0244; telephone
(202)720-5951 or
(888)720-9917 (toll free); fax:
(202)205-2800; or e-mail *daniel.manzoni@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under the Watermelon Research and Promotion Plan
(Plan)[7 CFR part 1210]. The Plan is authorized under the Watermelon Research and Promotion Act
(Act)[7 U.S.C. 4901-4916]. Executive Orders 12886 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 In addition, this rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is not intended to have retroactive effect and will not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. The Act allows producers, producer-packers, handlers, and importers (if covered by the program) to file a written petition with the Secretary of Agriculture (Secretary) if they believe that the Plan, any provision of the Plan, or any obligation imposed in connection with the Plan, is not established in accordance with law. In any petition, the person may request a modification of the Plan or an exemption from the Plan. The petitioner will have the opportunity for a hearing on the petition. Afterwards, an Administrative Law Judge
(ALJ)will issue a decision. If the petitioner disagrees with the ALJ's ruling, the petitioner has 30 days to appeal to the Judicial Officer, who will issue a ruling on behalf of the Secretary. If the petitioner disagrees with the Secretary's ruling, the petitioner may file, within 20 days, an appeal in the U.S. District Court for the district where the petitioner resides or conducts business. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act [5 U.S.C. 601 *et seq.* ], AMS has examined the economic impact of this rule on the small producers, handlers, and importers that would be affected by this rule. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (handlers and importers) as those having annual receipts of no more than $6.5 million. Under these definitions, the majority of the producers, handlers, and importers that would be affected by this rule would be considered small entities. Producers of less than 10 acres of watermelons are exempt from this program. Importers of less than 150,000 pounds of watermelons per year are also exempt. According to the Board, there are approximately 1,301 producers, 442 handlers, and 346 importers who are eligible to serve on the Board. The Plan requires producers to be nominated by producers, handlers to be nominated by handlers, and importers to be nominated by importers. This would not change. Because some current members are in states or counties which would be moved to other districts under this rule, one handler vacancy in the new District 4, one producer member vacancy in the new Districts 5, and one handler member vacancy in the new District 2 is created with this rule change. Nomination meetings will be held in the new districts to fill these vacancies. The overall impact is favorable because the new district boundaries provide more equitable representation for the producers and handlers who pay assessments in the various districts. The current importer membership will not change. The Board considered several alignments of the districts in an effort to provide balanced representation for each district. The Board selected the alignment described in this rule as it provides proportional representation on the Board of producers, handlers, and importers. This rule does not impose additional recordkeeping requirements on first handlers, producers, or importers of watermelons because the number of nominees would remain unchanged. There are no federal rules that duplicate, overlap, or conflict with this rule. In accordance with the Office of Management and Budget
(OMB)regulation [5 CFR part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements that are imposed by the Plan have been approved previously under OMB control number 0581-0093. This rule does not result in a change to the information collection and recordkeeping requirements previously approved. We have performed this Initial Regulatory Flexibility Analysis regarding the impact of this amendment to the Plan on small entities, and we invite comments concerning potential effects of this amendment. Background Under the Plan, the Board administers a nationally coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon's position in the market place and to establish, maintain, and expand markets for watermelons. This program is financed by assessments on producers growing 10 acres or more of watermelons, handlers of watermelons, and importers of 150,000 pounds of watermelons or more per year. The Plan specifies that handlers are responsible for collecting and submitting both the producer and handler assessments to the Board, reporting their handling of watermelons, and maintaining records necessary to verify their reporting(s). Importers are responsible for payment of assessments to the Board on watermelons imported into the United States through the U.S. Customs Service and Border Protection. This action will not have any impact on the assessment rates paid by producers, handlers, and importers. Membership on the Board consists of two producers and two handlers for each of the seven districts established by the Plan, at least one importer, and one public member. The Board currently has 35 members: 14 producers, 14 handlers, 6 importers, and 1 public member. The seven current districts were established in 2001. They are: *District 1* —The Florida counties of Brevard, Broward, Collier, Dade, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Monroe, Okeechobee, Osceola, Palm Beach, Polk, and St. Lucie. *District 2* —The Florida counties of Alachula, Baker, Bay, Bradford, Calhoun, Charlotte, Citrus, Clay, Columbia, Desoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Manatee, Marion, Nassau, Okaloosa, Orange, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington. *District 3* —Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee. *District 4* —Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, Virginia, Washington, D.C., West Virginia, and Wisconsin. *District 5* —Alaska, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming and the California counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Toulumne, Venture, Yolo, and Yuba. *District 6* —Texas. *District 7* —Arizona, New Mexico, and the California counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and San Diego. Pursuant to section 1210.320(c) of the Plan, the Board shall review the seven districts to determine whether realignment of the districts is necessary, every five years. When making a review, the Plan specifies that the Board should consider factors such as the most recent three years of USDA production reports or Board assessment reports if USDA production reports are unavailable, shifts and trends in quantities of watermelons produced, and any other relevant factors. Any realignment should be recommended by the Board at least six months prior to the date of the call for nominations and should become effective at least 30 days prior to this date. Pursuant to section 1210.320 (e), the Secretary shall review importer representation every five years. According to the Plan, the Secretary shall review a three-year average of watermelon import assessments and adjust, to the extent practicable, the number of importers on the Board. The Board appointed a subcommittee to begin reviewing the U.S. districts and to determine whether realignment was necessary based on production and assessment collections in the current districts. During the review, as prescribed by the Plan, the subcommittee reviewed USDA's Annual Crop Summary reports for 2002 through 2004, which provide figures for the top 17 watermelon producing states, and the Board's assessment collection records for 2002 through 2004. Both sets of data showed similar trends in production among the various states. However, the Board used the assessment reports because USDA's Annual Crop Summary reports were available for only 17 of the 34 states in which watermelons are produced. The subcommittee recommended to the Board that the boundaries of all seven districts be changed in order for there to be an equal amount of assessments paid by producers and handlers in the districts. The subcommittee also provided information that the average annual percentage of assessments paid by importers continued to represent 20 percent of the Board's assessment income during 2002-2004. Because there was no change in the assessments on imports, it is not necessary to change the number of importer representatives on the Board. Therefore, the number of importer Board members remains at six. Subsequently, the realignment was approved by Board at its February 22, 2005, meeting. Under the realignment, each district would represent, on average, 14 percent of total U.S. production. The composition of the Board would remain at a total of 35 members: 14 producers, 14 handlers, 6 importers, and 1 public member. Therefore, this rule realigns the districts as follows: *District 1* —The Florida counties of Brevard, Broward, Charlotte, Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia. *District 2* —The Florida counties of Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, Washington, and the Georgia counties Early, Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, and the states of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee, and Virginia. *District 3* —The Georgia counties not included in District two and the state of South Carolina. *District 4* —The States of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, Kentucky, West Virginia, Maryland, New Hampshire, Maine, New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, and Washington, DC. *District 5* —The States of Alaska, Hawaii, Nevada, Oregon, and Washington and all of the counties in the state of California except for those California counties included in District Seven. *District 6* —The counties in the state of Texas, except for those counties in Texas included in District Seven. *District 7* —The counties in the state of Texas; Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, Idaho, Montana, and Wyoming, and the following counties in California; San Bernardino, Riverside, San Diego, and Imperial. Under this realignment:
(1)Eighteen Florida counties are moved from District 2 to District 1;
(2)Alabama, Arkansas, Louisiana, Mississippi, and Tennessee are moved from District 3 to District 2;
(3)North Carolina, Virginia and Oklahoma are moved from District 4 to District 2;
(4)Georgia counties Early, Baker, Miller, Colquitt, Thomas, Grady, Decatur, and Seminole are moved from District 3 to District 2;
(5)Montana, Idaho, Wyoming, Utah and Colorado are moved from District 5 to District 7;
(6)Texas counties Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carlson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Flyod, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, and Stonewall, are moved from District 6 to District 7; and
(7)California counties Los Angeles and Orange are moved from District 7 to District 5. Due to the re-alignment of the districts the following vacancies are created: one handler vacancy in District 4, one handler vacancy in District 2, and one producer vacancy in the District 5. Current Board members would be affected because their states or counties would be moved to other districts. Nomination meetings will be held as soon as possible in the new districts to fill the vacancies. Pursuant to 5 U.S.C. 553, it is found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after the publication in the **Federal Register** because the Board adjustment provided for in this interim final rule needs to be effective as soon as possible in order to complete the 2006 Board appointments. For the same reason, a 30-days comment period is deemed appropriate. List of Subjects in 7 CFR Part 1210 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Watermelon promotion. For the reasons set forth in the preamble, part 1210, Chapter XI of Title 7 is amended as follows: 1. The authority citation for 7 CFR part 1210 continues to read as follows: Authority: 7 U.S.C. 4901-4916. PART 1210—WATERMELON RESEARCH AND PROMOTION PLAN Subpart C—Rules and Regulations 2. Section 1210.501 is revised to read as follows: § 1210.501 Realignment of districts. Pursuant to § 1210.320(c) of the Plan, the districts shall be as follows: *District 1* —The Florida counties of Brevard, Broward, Charlotte, Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia. *District 2* —The Florida counties of Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, Washington, and the Georgia counties Early, Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, and the states of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee, and Virginia. *District 3* —The Georgia counties not included in District two and the state of South Carolina. *District 4* —The States of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, Kentucky, West Virginia, Maryland, New Hampshire, Maine, New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, and Washington, DC. *District 5* —The States of Alaska, Hawaii, Nevada, Oregon, and Washington and all of the counties in the state of California except for those California counties included in District Seven. *District 6* —The counties in the state of Texas, except for those counties in Texas included in District Seven. *District 7* —The counties in the state of Texas; Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, Idaho, Montana, and Wyoming, and the following counties in California; San Bernardino, Riverside, San Diego, and Imperial. Dated: June 8, 2006. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. E6-9234 Filed 6-13-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE247; Special Conditions No. 23-187-SC] Special Conditions: Thielert Aircraft Engines; Piper PA 28-161 Cadet, Warrior II and Warrior III Series Airplanes; Installation of Thielert TAE-125-01 Aircraft Diesel Engine for 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 Thielert Aircraft Engines, GmbH, Lichtenstein, Germany for a supplemental type certificate for the Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes. The supplemental type certificate for these airplanes will have a novel or unusual design feature associated with the installation of an aircraft diesel engine that uses an electronic engine control system instead of a mechanical control system. 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: The effective date of these special conditions is: June 7, 2006. Comments must be received on or before July 14, 2006. ADDRESSES: Comments on the special conditions may be mailed in duplicate to: Federal Aviation Administration (FAA), Regional Counsel, ACE-7, Attention: Rules Docket, Docket No. CE247, 901 Locust, Room 506, Kansas City, Missouri 64106, or delivered in duplicate to the Regional Counsel at the above address. Comments must be marked: Docket No. CE247. 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: Peter L. Rouse, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: 816-329-4135, 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 design approval 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. CE247.” The postcard will be date stamped and returned to the commenter. Background On February 11, 2002, Thielert Aircraft Engines applied for a supplemental type certificate for the Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes. The supplemental type certificate will allow Thielert Aircraft Engines to install a Thielert Aircraft engine (TAE 125-01 Aircraft Diesel Engine (ADE)) that is equipped with an electronic engine control system with full authority capability in these airplanes. Type Certification Basis Under the provisions of 14 CFR, part 21, § 21.101, Thielert Aircraft Engines must show that the Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes, as changed, continues to meet the applicable provisions of regulations incorporated by reference in the original certification basis of the Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes, as listed on Type Certificate No. 2A13; exemptions, if any; and the special conditions adopted by this rulemaking action. The Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes were originally certified under Part 3 of the Civil Air Regulations. If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , CAR 3; 14 CFR, part 23) do not contain adequate or appropriate safety standards for the Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the certification basis for the supplemental type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other models that are listed on the same type certificate to incorporate the same novel or unusual design features, the special conditions would also apply under the provisions of § 21.101. Novel or Unusual Design Features The Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes will incorporate a novel or unusual design feature, an engine that includes an electronic control system with Full Authority Digital Engine control (FADEC) 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 Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes will perform critical functions, provisions for protection from the effects of HIRF 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 Aviation Rulemaking Advisory Committee
(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, the Joint Aviation Authorities (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 FADEC 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 Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes 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 23-49. Applicability As discussed above, these special conditions are applicable to the Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes. Should Thielert Aircraft Engines apply at a later date for a supplemental type certificate to modify any other model included on the same type certificate as the Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series airplanes to incorporate the same novel or unusual design features, 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 Piper PA 28-161 Cadet, Warrior II and Warrior III series 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. Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** . However the FAA finds that good cause exists to make these special conditions effective upon issuance. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; 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 supplemental type certification basis for Thielert Aircraft Engines modified Piper PA 28-161 Cadet, Warrior II and Warrior III series 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 kHz-500 kHz 50 50 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak root-mean-square
(rms)values. or,
(2)The applicant may demonstrate by a system test and analysis that the electrical and electronic systems that perform critical functions can withstand a minimum threat of 100 volts per meter peak electrical 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 23-49. 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. With respect to compliance with § 23.1309(e), the levels required for compliance shall be at the levels for catastrophic failure conditions. Issued in Kansas City, Missouri on June 7, 2006. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-9228 Filed 6-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE242; Special Conditions No. 23-182-SC] Special Conditions: AmSafe, Inc.; Approved Model List; Installation of AmSafe Inflatable Restraints in Normal and Utility Category Non-23.562 Certified Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are issued for the installation of an AmSafe, Inc., Inflatable Two-, Three-, Four- or Five-Point Restraint Safety Belt with an Integrated Airbag Device on various airplane models. These airplanes, as modified by AmSafe, Inc., will have a novel or unusual design feature(s) associated with the lap belt or shoulder harness portion of the safety belt, which contains an integrated airbag device. 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 Date:* The effective date of these special conditions is June 6, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Mark James, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri 64106; 816-329-4137, fax 816-329-4090 e-mail *mark.james@faa.gov* . SUPPLEMENTARY INFORMATION: Background On August 19, 2005, AmSafe, Inc., Aviation Inflatable Restraints
(AAIR)Division, 1043 North 47th Avenue, Phoenix, AZ 85043, applied for a supplemental type certificate for the installation of an inflatable restraint in various airplane models certificated before the dynamic structural requirements as specified in 14 CFR, part 23, § 23.562, took effect. The inflatable restraint system is either a two-, three-, four-, or five-point safety belt restraint system consisting of a shoulder harness and a lap belt with an inflatable airbag attached to either the lap belt or the shoulder harness. The inflatable portion of the restraint system will rely on sensors to electronically activate the inflator for deployment. The inflatable restraint system will be made available on the pilot, co-pilot, and passenger seats of these airplanes. In the event of an emergency landing, the airbag will inflate and provide a protective cushion between the occupant's head and structure within the airplane. This will reduce the potential for head and torso injury. The inflatable restraint behaves in a manner that is similar to an automotive airbag, but in this case, the airbag is integrated into the lap or shoulder belt. While airbags and inflatable restraints are standard in the automotive industry, the use of an inflatable restraint system is novel for general aviation operations. The FAA has determined that this project will be accomplished on the basis of not lowering the current level of safety of the airplanes' original certification basis. The FAA has two primary safety concerns with the installation of airbags or inflatable restraints: • That they perform properly under foreseeable operating conditions; and • That they do not perform in a manner or at such times as to impede the pilot's ability to maintain control of the airplane or constitute a hazard to the airplane or occupants. The latter point has the potential to be the more rigorous of the requirements. An unexpected deployment while conducting the takeoff or landing phases of flight may result in an unsafe condition. The unexpected deployment may either startle the pilot, or generate a force sufficient to cause a sudden movement of the control yoke. Either action could result in a loss of control of the airplane, the consequences of which are magnified due to the low operating altitudes during these phases of flight. The FAA has considered this when establishing these special conditions. The inflatable restraint system relies on sensors to electronically activate the inflator for deployment. These sensors could be susceptible to inadvertent activation, causing deployment in a potentially unsafe manner. The consequences of an inadvertent deployment must be considered in establishing the reliability of the system. AmSafe, Inc., must show that the effects of an inadvertent deployment in flight are not a hazard to the airplane or that an inadvertent deployment is extremely improbable. In addition, general aviation aircraft are susceptible to a large amount of cumulative wear and tear on a restraint system. It is likely that the potential for inadvertent deployment increases as a result of this cumulative damage. Therefore, the impact of wear and tear on inadvertent deployment must be considered. Due to the effects of this cumulative damage, a life limit must be established for the appropriate system components in the restraint system design. There are additional factors to be considered to minimize the chances of inadvertent deployment. General aviation airplanes are exposed to a unique operating environment, since the same airplane may be used by both experienced and student pilots. The effect of this environment on inadvertent deployment must be understood. Therefore, qualification testing of the firing hardware/software must consider the following: • The airplane vibration levels appropriate for a general aviation airplane; and • The inertial loads that result from typical flight or ground maneuvers, including gusts and hard landings. Any tendency for the firing mechanism to activate as a result of these loads or acceleration levels is unacceptable. Other influences on inadvertent deployment include high intensity electromagnetic fields
(HIRF)and lightning. Since the sensors that trigger deployment are electronic, they must be protected from the effects of these threats. To comply with HIRF and lightning requirements, the AmSafe, Inc., inflatable restraint system is considered a critical system, since its inadvertent deployment could have a hazardous effect on the airplane. Given the level of safety of the retrofitted airplane occupant restraints, the inflatable restraint system must show that it will offer an equivalent level of protection in the event of an emergency landing. In the event of a deployment, the restraint must still be at least as strong as a Technical Standard Order approved belt and shoulder harness. There is no requirement for the inflatable portion of the restraint to offer protection during multiple impacts, where more than one impact would require protection. The inflatable restraint system must deploy and provide protection for each occupant during emergency landing conditions as specified in the original certification basis. The seats of the various airplane models were certificated prior to the dynamic structural requirements of § 23.562. Therefore, the emergency landing loads conditions identified in the original certification basis of the airplane must be used to satisfy this requirement. Compliance will be demonstrated using the test condition specified in the original certification basis. It must also be shown that the crash sensor will trigger when exposed to a rapidly applied deceleration, like an actual crash event. Therefore, the test crash pulses identified in § 23.562 must be used to satisfy this requirement, although, the peak “G” may be reduced to a level meeting the original certification requirements of the aircraft. Testing to these pulses will demonstrate that the crash sensor will trigger when exposed to a rapidly applied deceleration, like an actual crash event. It is possible a wide range of occupants will use the inflatable restraint. Thus, the protection offered by this restraint should be effective for occupants that range from the fifth percentile female to the ninety-fifth percentile male. In support of this operational capability, there must be a means to verify the integrity of this system before each flight. As an option, AmSafe, Inc., can establish inspection intervals where they have demonstrated the system to be reliable between these intervals. It is possible that an inflatable restraint will be “armed” even though no occupant is using the seat. While there will be means to verify the integrity of the system before flight, it is also prudent to require that unoccupied seats with active restraints not constitute a hazard to any occupant. This will protect any individual performing maintenance inside the cockpit while the aircraft is on the ground. The restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. In addition, the design must prevent the inflatable seatbelt from being incorrectly buckled and/or installed such that the airbag would not properly deploy. As an alternative, AmSafe, Inc., may show that such deployment is not hazardous to the occupant and will still provide the required protection. The cabins of the various model airplanes identified in these special conditions are confined areas, and the FAA is concerned that noxious gases may accumulate in the event of airbag deployment. When deployment does occur, either by design or inadvertently, there must not be a release of hazardous quantities of gas or particulate matter into the cockpit. An inflatable restraint should not increase the risk already associated with fire. Therefore, the inflatable restraint should be protected from the effects of fire, so that an additional hazard is not created by, for example, a rupture of the inflator. The airbag is likely to have a large volume displacement, and possibly impede the egress of an occupant. Since the bag deflates to absorb energy, it is likely that the inflatable restraint would be deflated at the time an occupant would attempt egress. However, it is appropriate to specify a time interval after which the inflatable restraint may not impede rapid egress. Ten seconds has been chosen as reasonable time. This time limit will offer a level of protection throughout the impact event. Finally, there is an elevated risk associated with inadvertent deployment for agricultural airplanes, which are type certificated under the restricted category. This is due to the unique operating environment and low altitude flying of these airplanes. The FAA is still trying to understand the risk and benefit associated with the installation of these systems into restricted category airplanes in general and agricultural airplanes specifically. Therefore, the installation of the AAIR system is currently prohibited in agricultural airplanes type certificated under the restricted category. Special conditions for the installation of AAIR systems on other Non-23.562 certificated airplanes have been issued and no substantive public comments were received. Since the same special conditions were issued multiple times for different model airplanes with no substantive public comments, the FAA began issuing direct final special conditions with an invitation for public comment. This was done to eliminate the waiting period for public comments, and so AmSafe, Inc., could proceed with the project, since no comments were expected. These previous special conditions were issued for a single model airplane or for variants of a model from a single airplane manufacturer, and required dynamic testing of each AAIR system installation for showing compliance. The AML Supplemental Type Certificate sought by AmSafe, Inc., has numerous airplane models and manufacturers. Since AmSafe, Inc., has previously demonstrated by dynamic testing, and has the supporting data, that the Electronics Module Assembly
(EMA)and the inflator assembly will function as intended in a simulated dynamic emergency landing, it is not necessary to repeat the test for each airplane model shown in these special conditions. This is a departure from the method of showing compliance used in the prior special conditions. Testing is required to show compliance, but it is not necessary to repeat the testing for each airplane installation. Existing test data is adequate for showing compliance for other airplanes where the AAIR equipment is identical and the installation is nearly identical. Since this is a substantial change in the philosophy of showing compliance, it was prudent to give the public time to comment on these special conditions. We published a notice of proposed special conditions No. 23-06-02-SC on April 20, 2006 (71FR 20368). The comment period closed on May 22, 2006. Type Certification Basis Under the provisions of 14 CFR part 21, § 21.101, AmSafe, Inc., must show that the affected airplane models, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in the Type Certificate Numbers listed below 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” and can be found in the Type Certificate Numbers listed below. The following models are covered by this special condition: List of All Airplane Models and Applicable TCDS Make Model TC holder TCDS Certification basis Aerostar PA-60-600 (Aerostar 600) PA-60-601 (Aerostar 601) PA-60-601P (Aerostar 601P) PA-60-602P (Aerostar 602P) PA-60-700P (Aerostar 700P) Aerostar Aircraft Corporation A17WE Revision 22 14 CFR Part 23. All American 10A All American Aircraft, Inc A-792 CAR 3. American Champion (Champion) 402 American Champion Aircraft Corp A3CE Revision 5 CAR 3. American Champion (Bellanca) (Champion) (Aeronca) 7AC, 7ACA, 7EC, 7GCB, S7AC, S7EC, 7GCBA (L-16A), 7BCM, 7ECA, 7GCBC (L-16B), 7CCM, 7FC, 7HC, S7CCM, 7GC, 7JC, 7DC, 7GCA, 7KC, S7DC, 7GCAA, 7KCAB American Champion Aircraft Corp A-759 Revision 67 CAR 4a. American Champion (Bellanca) (Trytek) (Aeronca) 11AC, S11AC, 11BC, S11BC American Champion Aircraft Corp A-761 Revision 17 CAR 4a. American Champion (Bellanca) (Trytek) (Aeronca) 11CC, S11CC American Champion Aircraft Corporation A-796 Revision 14 CAR 3. Varga (Morrisey) 2150, 2150A, 2180 Augustair, Inc 4A19 Revision 9 CAR 3. Bellanca 14-13, 14-13-2, 14-13-3, 14-13-3W Bellanca Aircraft Corporation A-773 Revision 10 CAR 4a. Bellanca 14-9, 14-9L Bellanca Aircraft Corporation TC716 CAR 4a. Cessna 310, 310J, 310A (USAF U-3A), 310J-1, 310B, E310J, 310C, 310K, 310D, 310L, 310E (USAF U-3B), 310N, 310F, 310P, 310G, T310P, 310H, 310Q, E310H, T310Q, 310I, 310R, T310R Cessna Aircraft Company 3A10 Revision 62 CAR 3. Cessna 321 (Navy OE-2) Cessna Aircraft Company 3A11 Revision 6 CAR 3. Cessna 172, 172I, 172A, 172K, 172B, 172L, 172C, 172M, 172D, 172N, 172E, 172P, 172F (USAF T-41A), 172Q, 172G, 172H, (USAF T-41A) Cessna Aircraft Company 3A12 Revision 73 CAR 3. Cessna 175, 175A, 175B, 175C, P172D, R172E (USAF T-41B) (USAF T-41C and D), R172F (USAF T-41D), R172G (USAF T-41C or D), R172H (USAF T-41D), R172J, R172K, 172RG Cessna Aircraft Company 3A17 Revision 45 CAR 3. Cessna 182, 182K, 182A, 182L, 182B, 182M, 182C, 182N, 182D, 182P, 182E, 182Q, 182F, 182R, 182G, R182, 182H, T182, 182J, TR182 Cessna Aircraft Company 3A13 Revision 64 CAR 3. Cessna 210, 210K, 210A, T210K, 210B, 210L, 210C, T210L, 210D, 210M, 210E, T210M, 210F, 210N, T210F, P210N, 210G, T210N, T210G, 210R, 210H, P210R, T210H, T210R, 210J, 210-5 (205), T210J, 210-5A
(205A)Cessna Aircraft Company 3A21 Revision 46 CAR 3. Cessna 185, A185E, 185A, A185F, 185B, 185C, 185D, 185E Cessna Aircraft Company 3A24 Revision 37 CAR 3. Cessna 320, 320F, 320-1, 335, 320A, 340, 320B, 340A, 320C, 320D, 320E Cessna Aircraft Company 3A25 Revision 25 CAR 3. Cessna 140A Cessna Aircraft Company 5A2 Revision 21 CAR 3. Cessna 180, 180E, 180A, 180F, 180B, 180G, 180C, 180H, 180D, 180J, 180E, 180K Cessna Aircraft Company 5A6 Revision 66 CAR 3 Cessna 336 Cessna Aircraft Company A2CE Revision 7 CAR 3. Cessna 206, U206B, TP206D, P206, U206C, TP206E, P206A, U206D, TU206A, P206B, U206E, TU206B, P206C, U206F, TU206C, P206D, U206G, TU206D, P206E, TP206A, TU206E, U206, TP206B, TU206F, U206A, TP206C, TU206G Cessna Aircraft Company A4CE Revision 43 CAR 3. Cessna 337A (USAF 02B), T337E, 337B, 337F, M337B (USAF 02A), T337F, T337B, 337G, 337C, T337G, T337C, 337H, 337D, P337H, T337D, T337H, T337H-SP Cessna Aircraft Company A6CE Revision 40 CAR 3/14 CFR Part 23. Cessna 401, 411A, 401A, 414, 401B, 414A, 402, 421, 402A, 421A, 402B, 421B, 402C, 421C, 411, 425 Cessna Aircraft Company A7CE Revision 46 CAR 3. Cessna 190 (LC-126A,B,C), 195, 195A, 195B Cessna Aircraft Company A-790 Revision 36 CAR 3. Cessna 170, 170A, 170B Cessna Aircraft Company A-799 Revision 54 CAR 3. Cessna 150, 150J, 150A, 150K, 150B, A150K, 150C, 150L, 150D, A150L, 150E, 150M, 150F, A150M, 150G, 152, 150H, A152 Cessna Aircraft Company 3A19 Revision 44 CAR 3. Cessna 177, 177A, 177B Cessna Aircraft Company A13CE Revision 24 14 CFR Part 23. Cessna 404, 406 Cessna Aircraft Company A25CE Revision 11 14 CFR Part 23. Cessna 208, 208A, 208B Cessna Aircraft Company A37CE Revision 12 14 CFR Part 23. Cessna 441 Cessna Aircraft Company A28CE Revision 12 14 CFR Part 23. Cessna 120, 140 Cessna Aircraft Company A-768 Revision 34 CAR 4a. Commander Aircraft Model 112, Model 114, Model 112TC, Model 112B, Model 112TCA, Model 114A, Model 114B, Model 114TC Commander Aircraft Company A12SO Revision 21 14 CFR Part 23. Great Lakes 2T-1A, 2T-1A-1, 2T-1A-2 Great Lakes Aircraft Company, LLC A18EA Revision 10 Aeronautical Bulletin No. 7-A. Helio (Taylorcraft) 15A, 20 Helio Aircraft Corporation 3A3 Revision 7 CAR 4a. Learjet 23 Learjet Inc A5CE Revision 10 CAR 3. Lockheed 402-2 Lockheed Aircraft International 2A11 Revision 4 CAR 3. Land-Air (Temco) (Luscombe) 11A, 11E Luscombe Aircraft Corporation A-804 Revision 14 CAR 3. Maule Bee Dee M-4, M-5-180C, MXT-7-160, M-4-180V, M-4 M-5-200, MX-7-180A, M-4C, M-5-210C, MXT-7-180A, M-4S, M-5-210TC, MX-7-180B, M-4T, M-5-220C, M-7-235B, M-4-180C, M-5-235C, M-7-235A, M-4-180S, M-6-180, M-7-235C, M-4-180T, M-6-235, MX-7-180C, M-4-210, M-7-235, M-7-260, M-4-210C, MX-7-235, MT-7-260, M-4-210S, MX-7-180, M-7-260C, M-4-210T, MX-7-420, M-7-420AC, M-4-220, MXT-7-180, MX-7-160C, M-4-220C, MT-7-235, MX-7-180AC, M-4-220S, M-8-235, M-7-420A, M-4-220T, MX-7-160, MT-7-420 Maule Aerospace Technology, Inc 3A23 Revision 30 CAR 3. Mooney M20, M20A, M20B, M20C, M20D, M20E, M20F, M20G, M20J, M20K (Up to S/N 25-2000), M20L Mooney Airplane Company, Inc 2A3 Revision 47 CAR 3. Interceptor (Aero Commander) (Meyers) 200, 200A, 200B, 200C, 200D, 400 Prop-Jets, Inc 3A18 Revision 16 CAR 3. Beech 35-33, J35, 35-A33, K35, 35-B33, M35, 35-C33, N35, 35-C33A, P35, E33, S35, E33A, V35, E33C, V35A, F33, V35B, F33A, 36, F33C, A36, G33, A36TC, H35, B36TC, G36 Raytheon Aircraft Company 3A15 Revision 90 CAR 3. Beech 45 (YT-34), A45 (T-34A, B-45), D45 (T-34B) Raytheon Aircraft Company 5A3 Revision 25 CAR 03. Beech 19A, B23, B19, C23, M19A, A24, 23, A24R, A23, B24R, A23A, C24R, A23-19, A23-24 Raytheon Aircraft Company A1CE Revision 34 CAR 3. Beech 3N, E18S-9700, 3NM, G18S, 3TM, H18, JRB-6, C-45G, TC-45G, D18C, C-45H, TC-45H, D18S, TC-45J or E18S, UC-45J (SNB-5) RC-45J (SNB-5P) Raytheon Aircraft Company A-765 Revision 74 CAR 03. Beech 35, A35, E35, B35, F35, C35, G35, D35, 35R Raytheon Aircraft Company A-777 Revision 57 CAR 03. Raytheon 200, A100-1 (U-21J), 200C, A200 (C-12A), 200CT, A200 (C-12C), 200T, A200C (UC-12B), B200, A200CT (C-12D), B200C, A200CT (FWC-12D), B200CT, A200CT (C-12F), B200T, A200CT (RC-12D), 300, A200CT (RC-12G), 300LW, A200CT (RC-12H), B300, A200CT (RC-12K), B300C, A200CT (RC-12P), 1900, A200CT (RC-12Q), 1900C, B200C (C-12F), 1900D, B200C (UC-12M), B200C (C-12R), B200C (UC-12F), 1900C (C-12J) Raytheon Aircraft Company A24CE Revision 91 14 CFR Part 23. Beech B95A, D55, D95A, D55A, E95, E55, 95-55, E55A, 95-A55, 56TC, 95-B55, A56TC, 95-B55A, 58, 95-B55B (T-42A), 58A, 95-C55, 95, 95-C55A, B95, G58 Raytheon Aircraft Company 3A16 Revision 81 CAR 3. Beech 60, A60, B60 Raytheon Aircraft Company A12CE Revision 23 14 CFR Part 23. Beech 58P, 58PA, 58TC, 58TCA Raytheon Aircraft Company A23CE Revision 14 14 CFR Part 23. Cessna Cessna F172D Cessna F172E Cessna F172F Cessna F172G Cessna F172H Cessna F172K Cessna F172L Cessna F172M Cessna F172N Cessna F172P Reims Aviation S.A A4EU Revision 11 CAR 10/CAR 3. Socata TB 9, TB 10, TB 20, TB 21, TB 200 Socata—Groupe Aerospatiale A51EU Revision 14 14 CFR Part 23. Pitts S-1S, S-1T, S-2, S-2A, S-2S, S-2B, S-2C Sky International Inc. (Aviat Aircraft, Inc.) A8SO Revision 21 14 CFR Part 23. Taylorcraft 19, F19, F21, F21A, F21B, F22, F22A, F22B, F22C Taylorcraft Aviation, LLC 1A9 Revision 19 CAR 3. Taylorcraft BC, BCS12-D, BCS, BC12-D1, BC-65, BCS12-D1, BCS-65, BC12D-85, BC12-65 (Army L-2H), BCS12D-85, BCS12-65, BC12D-4-85, BC12-D, BCS12D-4-85 Taylorcraft Aviation, LLC A-696 Revision 22 CAR 04 Taylorcraft (Army L-2G) BF, BFS, BF-60, BFS-60, BF-65, BFS-65, (Army L-2K) BF 12-65, BFS-65 Taylorcraft, Inc A-699 Revision 5 CAR 4a Luscombe 8, 8D, 8A, 8E, 8B, 8F, 8C, T-8F The Don Luscombe Aviation History Foundation, Inc A-694 Revision 23 CAR 4a Piper PA-28-140, PA-28-151, PA-28-150, PA-28-161, PA-28-160, PA-28-181, PA-28-180, PA-28R-201, PA-28-235, PA-28R-201T, PA-28S-160, PA-28-236, PA-28S-180, PA-28RT-201, PA-28R-180, PA-28RT-201T, PA-28R-200, PA-28-201T The New Piper Aircraft, Inc 2A13 Revision 47 CAR 3. Piper PA-30, PA-39, PA-40 The New Piper Aircraft, Inc A1EA Revision 16 CAR 3. Piper PA-32-260, PA-32R-301 (SP), PA-32-300, PA-32R-301 (HP), PA-32S-300, PA-32R-301T, PA-32R-300, PA-32-301, PA-32RT-300, PA-32-301T, PA-32RT-300T, PA-32-301FT, PA-32-301XTC The New Piper Aircraft, Inc A3SO Revision 29 CAR 3. Piper PA-34-200, PA-34-200T, PA-34-220T The New Piper Aircraft, Inc A7SO Revision 16 14 CFR Part 23. Piper PA-31P, PA-31T, PA-31T1, PA-31T2, PA-31T3, PA-31P-350 The New Piper Aircraft, Inc A8EA Revision 22 CAR 3. Piper PA-36-285, PA-36-300, PA-36-375 The New Piper Aircraft, Inc A9SO Revision 9 14 CFR Part 23. Piper PA-36-285, PA-36-300, PA-36-375 The New Piper Aircraft, Inc A10SO Revision 12 14 CFR Part 21/14 CFR Part 23. Piper PA-38-112 The New Piper Aircraft, Inc A18SO Revision 4 14 CFR Part 23. Piper PA-44-180, PA-44-180T The New Piper Aircraft, Inc A19SO Revision 9 14 CFR Part 23. Piper PA-31, PA-31-300, PA-31-325, PA-31-350 The New Piper Aircraft, Inc A20SO Revision 10 CAR 3. Piper PA-42, PA-42-720, PA-42-1000 The New Piper Aircraft, Inc A23SO Revision 17 14 CFR Part 23 Piper PA-46-310P, PA-46-350P, PA-46-500TP The New Piper Aircraft, Inc A25SO Revision 14 14 CFR Part 23. Tiger Aircraft LLC (American General) AA-1, AA-1A, AA-1B, AA-1C Tiger Aircraft LLC A11EA Revision 10 14 CFR Part 23. Tiger Aircraft AA-5, AA-5A, AA-5B, AG-5B Tiger Aircraft LLC A16EA Revision 13 14 CFR Part 23. Twin Commander 500, 500-A, 500-B, 500-U, 520, 560, 560-A, 560-E, 500-S Twin Commander Aircraft Corporation 6A1 Revision 45 CAR 3. Twin Commander 560-F, 681, 680, 690, 680E, 685, 680F, 690A, 720, 690B, 680FL, 690C, 680FL(P), 690D, 680T, 695, 680V, 695A, 680W, 695B Twin Commander Aircraft Corporation 2A4 Revision 46 CAR 3. Univair (Stinson) 108, 108-1, 108-2, 108-3, 108-5 Univair Aircraft Corporation A-767 Revision 27 CAR 3. Univair
(ERCO)415-D
(ERCO)E
(ERCO)G (Forney) F-1 (Forney) F-1A
(Alon)A-2
(Alon)A2-A (Mooney) M10 Univair Aircraft Corporation A-787 Revision 33 CAR 3. Univair (Mooney)
(ERCO)415-C,
(ERCO)415-CD Univair Aircraft Corporation A-718 Revision 29 CAR 4a. For all the models listed above, the certification basis also includes all exemptions, if any; equivalent level of safety findings, if any; and special conditions not relevant to the special conditions adopted by this rulemaking action. If the Administrator finds that the applicable airworthiness regulations (i.e., CAR 3 or part 23, as amended) do not contain adequate or appropriate safety standards for the AmSafe, Inc., inflatable restraint as installed on these models because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, 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 the applicant apply 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, the special conditions would also apply to that model under the provisions of § 21.101. Novel or Unusual Design Features The various airplane models will incorporate the following novel or unusual design feature: The AmSafe, Inc., Inflatable Two-, Three-, Four-, or Five-Point Restraint Safety Belt with an Integrated Airbag Device. The purpose of the airbag is to reduce the potential for injury in the event of an accident. In a severe impact, an airbag will deploy from the restraint, in a manner similar to an automotive airbag. The airbag will deploy between the head of the occupant and airplane interior structure. This will, therefore, provide some protection to the head of the occupant. The restraint will rely on sensors to electronically activate the inflator for deployment. The Code of Federal Regulations state performance criteria for seats and restraints in an objective manner. However, none of these criteria are adequate to address the specific issues raised concerning inflatable restraints. Therefore, the FAA has determined that, in addition to the requirements of part 21 and part 23, special conditions are needed to address the installation of this inflatable restraint. Accordingly, these special conditions are adopted for the various airplane models equipped with the AmSafe, Inc., two-, three-, four-, or five-point inflatable restraint. Other conditions may be developed, as needed, based on further FAA review and discussions with the manufacturer and civil aviation authorities. Discussion of Comments A notice of proposed special conditions No. 23-06-02-SC for the various airplane models was published on April 20, 2006 (71FR 20368). No comments were received, and the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the various airplane models previously shown. Should AmSafe, Inc., apply at a later date for a supplemental type certificate to modify any other model included on the Type Certificates shown above, to incorporate the same novel or unusual design feature, the special conditions would apply to that model as well under the provisions of § 21.101(a)(1). Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, as the certification date for some of the airplanes listed is imminent, the FAA finds that good cause exists to make these special conditions effective upon issuance. Conclusion This action affects only certain novel or unusual design features on the previously identified airplane models. 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 these airplanes. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19. The Special Conditions The FAA has determined that this project will be accomplished on the basis of not lowering the current level of safety of the occupant restraint system for the airplane models listed in these 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 airplane models listed in these special conditions, modified by AmSafe, Incorporated. Inflatable Two-, Three-, Four-, or Five-Point Restraint Safety Belt with an Integrated Airbag Device installed in an airplane model. 1a. It must be shown that the inflatable restraint will provide restraint protection under the emergency landing conditions specified in the original certification basis of the airplane. Compliance will be demonstrated using the static test conditions specified in the original certification basis for each airplane. 1b. It must be shown that the crash sensor will trigger when exposed to a rapidly applied deceleration, like an actual emergency landing event. Therefore, compliance may be demonstrated using the deceleration pulse specified in paragraph 23.562, which may be modified as follows: I. The peak longitudinal deceleration may be reduced, however the onset rate of the deceleration must be equal to or greater than the emergency landing pulse identified in paragraph 23.562. II. The peak longitudinal deceleration must be above the deployment threshold of the sensor, and equal or greater than the forward static design longitudinal load factor required by the original certification basis of the airplane. 2. The inflatable restraint must provide adequate protection for each occupant. In addition, unoccupied seats that have an active restraint must not constitute a hazard to any occupant. 3. The design must prevent the inflatable restraint from being incorrectly buckled and/or incorrectly installed such that the airbag would not properly deploy. Alternatively, it must be shown that such deployment is not hazardous to the occupant and will provide the required protection. 4. It must be shown that the inflatable restraint system is not susceptible to inadvertent deployment as a result of wear and tear or the inertial loads resulting from in-flight or ground maneuvers (including gusts and hard landings) that are likely to be experienced in service. 5. It must be extremely improbable for an inadvertent deployment of the restraint system to occur, or an inadvertent deployment must not impede the pilot's ability to maintain control of the airplane or cause an unsafe condition (or hazard to the airplane). In addition, a deployed inflatable restraint must be at least as strong as a Technical Standard Order (C22g or C114) restraint. 6. It must be shown that deployment of the inflatable restraint system is not hazardous to the occupant or result in injuries that could impede rapid egress. This assessment should include occupants whose restraint is loosely fastened. 7. It must be shown that an inadvertent deployment that could cause injury to a sitting person is improbable. In addition, the restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. 8. It must be shown that the inflatable restraint will not impede rapid egress of the occupants 10 seconds after its deployment. 9. For the purposes of complying with HIRF and lightning requirements, the inflatable restraint system is considered a critical system since its deployment could have a hazardous effect on the airplane. 10. It must be shown that the inflatable restraints will not release hazardous quantities of gas or particulate matter into the cabin. 11. The inflatable restraint system installation must be protected from the effects of fire such that no hazard to occupants will result. 12. There must be a means to verify the integrity of the inflatable restraint activation system before each flight or it must be demonstrated to reliably operate between inspection intervals. 13. A life limit must be established for appropriate system components. 14. Qualification testing of the internal firing mechanism must be performed at vibration levels appropriate for a general aviation airplane. 15. The installation of the AmSafe Aviation Inflatable Restraint
(AAIR)system is prohibited in agricultural airplanes type certificated under the Restricted Category. Issued in Kansas City, Missouri, on June 6, 2006. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-9226 Filed 6-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30499; Amdt. No. 3171] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective June 14, 2006. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of June 14, 2006. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *For Purchase* —Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Ave., SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125); telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on June 2, 2006. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97,33, and 97.35 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: * * * *Effective Upon Publication* FDC date State City Airport FDC No. Subject 05/19/06 AL Mobile Mobile Regional 6/7965 RADAR-1, AMDT 4. 05/22/06 TX Lubbock Lubbock Preston Smith Intl 6/8064 LOC BR RWY 35L, AMDT 18A. 05/22/06 TX Atlanta Hall Miller Municipal 6/8070 RNAV
(GPS)RWY 5, ORIG-A. 05/23/06 TX Gainesville Gainesville Municipal 6/8088 NDB RWY 17, AMDT 9. 05/23/06 IA Dubuque Dubuque Regional 6/8099 ILS RWY 36, ORIG-B. 05/23/06 IA Dubuque Dubuque Regional 6/8100 LOC RWY 31, ORIG-B. 05/23/06 IA Dubuque Dubuque Regional 6/8101 LOC/DME BC RWY 13, AMDT 5B. 05/23/06 MN Faribault Faribault Municipal 6/8103 GPS RWY 30, ORIG. 05/23/06 TX Mesquite Mesquite Metro 6/8104 ILS RWY 17, AMDT 1A. 05/23/06 TX Mesquite Mesquite Metro 6/8105 LOC BC RWY 35, AMDT 2A. 05/23/06 MD Westminster Carroll County Regional/Jack B. Poage Field 6/8121 RNAV
(GPS)RWY 34, ORIG. 05/23/06 TX Rockwall Rockwall Municipal 6/8133 RNAV
(GPS)RWY 35, ORIG. 05/23/06 TX Victoria Victoria Regional 6/8134 ILS RWY 12L, AMDT 9A. 05/23/06 TX Pecos Pecos Municipal 6/8135 GPS RWY 14, ORIG-A. 05/23/06 TX Victoria Victoria Regional 6/8136 NDB RWY 12L, AMDT 4B. 05/23/06 TX Rockwall Rockwall Municipal 6/8138 NDB A, ORIG-A. 05/23/06 TX Port Lavaca Calhoun County 6/8139 NDB RWY 14, AMDT 4A. 05/23/06 TX Pecos Pecos Municipal 6/8140 VOR RWY 14, AMDT 7B. 05/23/06 TX Rockwall Rockwall Municipal 6/8141 RNAV
(GPS)RWY 17, ORIG. 05/23/06 TX Canadian Hemphill County 6/8147 GPS RWY 22, ORIG. 05/23/06 WI Shawano Shawano Municipal 6/8153 GPS RWY 29, ORIG. 05/23/06 WI Madison Dane County Regional-Traux Field 6/8154 ILS OR LOC/DME RWY 36, ORIG. 05/23/06 WI Green Bay Austin Straubel International 6/8160 RADAR-1, AMDT 9B. 05/23/06 WI Appleton Outagamie County Regional 6/8161 ILS RWY 3, AMDT 16E. 05/23/06 WI Rhinelander Rhinelander-Oneida County 6/8162 ILS RWY 9, AMDT 6B. 05/23/06 WI Appleton Outagamie County Regional 6/8163 VOR/DME RWY 3, AMDT 8D. 05/23/06 WI Oshkosh Wittman Regional 6/8164 VOR RWY 27, AMDT 4A. 05/24/06 PA Philadelphia Philadelphia International 6/8201 Converging ILS RWY 17, AMDT 4. 05/24/06 PA Philadelphia Philadelphia International 6/8202 ILS RWY 17, AMDT 6. 05/24/06 MD Baltimore Baltimore/Washington International Thurgood Marshall 6/8203 VOR/DME RWY 4, AMDT 3. 05/24/06 MD Baltimore Baltimore/Washington International Thurgood Marshall 6/8204 RNAV
(GPS)RWY 4, ORIG. 05/25/06 AL Andalusia-OPP Andalusia-OPP 6/8343 RNAV
(GPS)RWY 29, AMDT 1. 05/25/06 OH Port Clinton Carl R Keller Field 6/8344 GPS RWY 27, AMDT 1. 05/25/06 MO Jefferson City Jefferson City Memorial 6/8358 ILS OR LOC RWY 30, AMDT 5. 05/30/06 MI Muskegon Muskegon County 6/8525 RNAV
(GPS)RWY 24, ORIG. 05/30/06 IA Clarinda Schenck Field 6/8531 GPS RWY 20, ORIG. 05/30/06 IL Coles County Memorial Mattoon/Charleston 6/8532 ILS RWY 29, AMDT 5B. 05/31/06 MO St Joseph Rosecrans Memorial 6/8595 ILS OR LOC RWY 35, AMDT 31. [FR Doc. 06-5320 Filed 6-13-05; 8:45am]
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U.S. Code
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14 references not yet in our index
- 5 CFR 1201
- 5 CFR 1201.142
- 407 F.3d 1326
- 5 CFR 930.202(f)
- 488 U.S. 204
- 5 CFR 1201.37
- 7 CFR 1210
- 7 USC 4901-4916
- 13 CFR 121
- 5 CFR 1320
- 14 CFR 23
- 14 CFR 21
- 14 CFR 97
- 1 CFR 51
Citation graph
cites case law
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Final rule
F. App'x407 F.3d 1326
SCOTUS488 U.S. 204
Cite5 CFR 1201
Cites 27 · showing 12Cited by 0 across 0 sources