Unknown. Final rule; technical amendment

10,545 words·~48 min read·/register/2008/02/15/08-663

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2008-02-15.xml --- 73 32 Friday, February 15, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8872-8875 08-659 08-660 Agricultural Agricultural Marketing Service PROPOSED RULES Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West: Salable Quantities and Allotment Percentages for the 2008-2009 Marketing Year, 8825-8830 E8-2922 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Availability of a Risk Analysis for the Foot-and-Mouth Disease Status of the Republic of South Africa, 8844-8845 E8-2912 Draft Guideline:

Target Animal Safety for Veterinary Live and Inactivated Vaccines, 8845-8846 E8-2913 Environmental Assessment and Finding of No Significant Impact for Proposed Field Release of Genetically Engineered Safflower: Oregon State University, 8846-8847 E8-2909 SemBioSys Genetics, Inc., 8847-8848 E8-2910 Importation of Solid Wood Packing Material; Record of Decision, 8848-8850 E8-2908 Planet Biotechnology, Inc.: Availability of Environmental Assessment and Finding of No Significant Impact for a Field Release to Produce Antibodies in Genetically Engineered Nicotiana, 8850-8851 E8-2911 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8875-8877 E8-2832 E8-2836 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8877-8879 E8-2804 E8-2813 Children Children and Families Administration See Refugee Resettlement Office Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Sacramento River, Sacramento, CA, 8817-8818 E8-2857 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8852-8853 E8-2925 E8-2926 E8-2927 E8-2928 Commodity Commodity Futures Trading Commission NOTICES Establishment of Energy Markets Advisory Committee, 8856 E8-2953 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8930-8932 E8-2844 E8-2851 Defense Defense Department See Navy Department NOTICES Meetings: Strategic Environmental Research and Development Program, Scientific Advisory Board, 8856 08-677 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8858-8859 E8-2825 Notice Inviting Applications for New Awards for Fiscal Year

(FY)2008: Carol M. White Physical Education Program, 8859-8863 E8-2936 Full-Service Community Schools Program, 8984-8988 E8-2934 Energy Energy Department NOTICES Meetings: Ultra-Deepwater Advisory Committee, 8863 E8-2877 E8-2891 Unconventional Resources Technology Advisory Committee, 8863-8864 E8-2892 E8-2899 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation: Massachusetts; Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District, 8818-8821 E8-2745 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Massachusetts; Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District, 8837-8838 E8-2746 NOTICES Administrative Order on Consent for Certain Remedial Activities: Frontier Fertilizer Superfund Site, 8864-8865 E8-2958 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8865-8867 E8-2881 Clean Water Act Section 303(d): Availability of List Decisions, 8867 E8-2894 Draft Toxicological Review of Thallium: In Support of the Summary Information in the Integrated Risk Information System (IRIS), 8867-8868 E8-2882 Environmental Impacts Statements; Notice of Availability, 8869-8870 E8-2951 Environmental Impact Statements; Availability of EPA Comments, 8868-8869 E8-2950 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings: Export-Import Bank Advisory Committee, 8870 08-681 FAA Federal Aviation Administration RULES Establishment of Class E Airspace; Huntsville, AR, 8794-8795 08-663 Establishment of Class E Airspace; Lexington, OK, 8795-8796 08-662 Extended Operations (ETOPS) of Multi Engine Airplanes, 8796-8798 E8-2879 Special Conditions: Boeing Model 747 Series Airplanes— Seats with Non-Traditional, Large, Non-Metallic Panels, 8791-8794 E8-2853 Boeing Model 767 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels, 8788-8791 E8-2864 PROPOSED RULES Airworthiness Directives: Boeing Model 737 600, 700, 700C, 800 and 900 Series Airplanes, 8833-8836 E8-2887 Pacific Aerospace Limited Model 750XL Airplanes, 8831-8833 E8-2831 NOTICES Issuance of Final Report of the Amateur-Built Aviation Rulemaking Committee and Changes to Certain Documents Related to Amateur-Built Aircraft, 8925-8926 08-705 Meetings: RTCA Special Committee, 8926 08-700 Temporary Suspension of Amateur-Built Aircraft Kit Evaluations Previously Conducted by the Federal Aviation Administration, Aircraft Certification Service, 8926-8927 08-704 FDIC Federal Deposit Insurance Corporation NOTICES Statement of Policy on Bank Merger Transactions, 8870-8872 E8-2885 Federal Emergency Federal Emergency Management Agency NOTICES Arkansas; Amendment No. 2 to Notice of a Major Disaster Declaration, 8890 E8-2905 Committee Management; Request for Applicants for Appointment to the National Advisory Council, 8890-8891 E8-2904 Major Disaster and Related Determinations: Arkansas, 8892 E8-2897 Hawaii; 8891-8892 E8-2901 Missouri, 8892-8893 E8-2900 Major Disaster Declaration: Arkansas, 8893 E8-2896 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 8872 08-742 Federal Reserve Federal Reserve System RULES Availability of Funds and Collection of Checks, 8787-8788 E8-2869 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act Correction, 8941 C8-00698 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8879-8883 E8-2821 E8-2890 Industry and Food and Drug Administration Staff Draft Guidance: Establishing Performance Characteristics of In Vitro Diagnostic Devices for Detection or Detection and Differentiation of Influenza Viruses; Availability, 8883-8884 E8-2826 Industry Guidance on Safety Testing of Drug Metabolites; Availability, 8884-8885 E8-2827 Meetings: Anti-Infective Drugs Advisory Committee, 8885 E8-2824 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Designation in Georgia, Cedar Rapids (IA), and the Montana Areas, and Request for Comments on the Official Agencies Serving These Areas; Correction, 8851 E8-2949 Opportunity to Comment on the Applicants for Maryland, New Jersey, and New York, 8851-8852 E8-2878 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Refugee Resettlement Office Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 8944-8974 E8-2589 HUD-Held Multifamily and Healthcare Loan Sale, 8896-8897 E8-2833 Indian Indian Affairs Bureau NOTICES Draft Environmental Impact Statement: Confederated Tribes of the Warm Springs Reservation of Oregons Proposed Trust Acquisition and Resort and Casino Project, Hood River County, OR, 8897-8898 E8-2834 Environmental Impact Statement: North Fork Rancheria; 305 Acre Trust Acquisition and Hotel/Casino Project, Madera County, CA, 8898-8899 E8-2828 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service RULES TIPRA Amendments to Section 199, 8798-8815 E8-2761 International International Trade Commission PROPOSED RULES Rules of General Application and Adjudication and Enforcement, 8836-8837 E8-2871 NOTICES Laminated Woven Sacks From China, 8902-8903 E8-2843 Persulfates From China, 8903-8904 E8-2848 Justice Justice Department RULES Incentive Award Program Delegation, 8815-8816 E8-2952 NOTICES Lodging of Proposed Settlement Agreement Under the Comprehensive Environmental Response, Compensation and Liability Act, 8904 08-670 Lodging Proposed Consent Decree, 8904-8905 08-669 Labor Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8905-8906 E8-2830 E8-2870 Land Land Management Bureau NOTICES Proposed Reinstatement of Terminated Oil and Gas Lease: Wyoming, 8899-8900 E8-2941 E8-2942 E8-2943 E8-2945 Sierra Resource Management Plan Record of Decision, 8901 E8-2768 Terminated Oil and Gas Leases, Proposed Reinstatement; Oklahoma, 8901-8902 E8-2846 Merit Merit Systems Protection Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8906-8907 E8-2907 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8927 E8-2855 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 8885-8886 08-687 National Cancer Institute, 8886-8887 08-692 National Institute of Allergy and Infectious Diseases, 8887 08-664 National Institute of Child Health and Human Development, 8888 08-693 National Institute of Diabetes and Digestive and Kidney Diseases, 8888-8889 08-694 National Institute of Neurological Disorders and Stroke, 8888 08-689 08-691 National Institute on Aging, 8887-8888 08-688 National Library of Medicine, 8889-8890 08-665 08-666 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area, 8821-8822 08-706 Individual Fishing Quota Program, 8822-8824 E8-2932 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Crab Rationalization Program, 8838-8843 E8-2895 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 8853 E8-2886 North Pacific Fishery Management Council, 8854 E8-2876 South Atlantic Fishery Management Council, 8854-8856 E8-2888 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8907-8909 E8-2872 Navy Navy Department NOTICES Environmental Impact Statement/Overseas Environmental Impact Statement: Atlantic Fleet Active Sonar Training; Public Hearings, 8856-8858 E8-2810 Nuclear Nuclear Regulatory Commission PROPOSED RULES Byproduct Material Medical Use Amendments; Medical Event Definitions, 8830-8831 E8-2777 NOTICES Meetings: Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Materials Licensing Program, 8909 E8-2889 NUREG-1556, Volume 9, Revision 2, 8909-8910 E8-2946 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 8816-8817 E8-2947 Presidential Presidential Documents EXECUTIVE ORDERS Syria; blocking property of additional persons in connection with the national emergency (EO 13460), 8989-8993 08-761 Refugee Refugee Resettlement Office NOTICES Wilson-Fish Discretionary Grant Program (FY 2004) Standing Announcement; Cancellation, 8890 E8-2858 SEC Securities and Exchange Commission PROPOSED RULES Concept Release; Revisions to Disclosure Requirements Relating to Oil and Gas Reserves Correction, 8836 E8-2854 Disclosure of Divestment by Registered Investment Companies in Accordance with Sudan Accountability Divestment Act of 2007, 8976-8982 E8-2859 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8911-8913 E8-2873 E8-2874 E8-2875 Self-Regulatory Organizations; Proposed Rule Changes: Boston Stock Exchange, Inc., 8913-8915 E8-2852 Financial Industry Regulatory Authority, Inc., 8915-8916 E8-2865 New York Stock Exchange LLC, 8916-8917 E8-2866 NYSE Arca, Inc., 8917-8921 E8-2822 Self-Regulatory Organizations; The Depository Trust Company; Order Granting Approval of a Proposed Rule Change etc., 8921-8922 E8-2823 Solicitation of Public Views Regarding Practices Being Developed to Deal with the Increasing Number of Senior Investors, 8922-8923 E8-2860 SBA Small Business Administration NOTICES Administrative declaration of a disaster for the State of Mississippi, 8923 E8-2842 Disaster Declaration: Arkansas, 8923 E8-2847 Hawaii, 8923-8924 E8-2840 Missouri, 8924 E8-2845 Tennessee, 8924-8925 E8-2838 Presidential declaration of a major disaster for the State of Arkansas, 8925 E8-2839 Surface Surface Transportation Board NOTICES Union Pacific Railroad Company; Abandonment Exemption; Los Angeles County, CA, 8928-8930 E8-2630 E8-2637 E8-2640 Union Pacific Railroad Company-Abandonment Exemption-in Jefferson County, TX, 8927-8928 E8-2762 Wisconsin Central Ltd.-Abandonment Exemption-in Manitowoc County, WI, 8930 E8-2764 Trade Trade Representative, Office of United States NOTICES Anti-Counterfeiting Trade Agreement; Request for Public Comments, 8910-8911 E8-2944 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Transportation Worker Identification Credential: Enrollment Dates for the Ports of Tampa, FL; Cincinnati, OH; Richmond, CA; South Louisiana, LA, 8893-8894 E8-2835 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval of Columbia Inspection, Inc., as a Commercial Gauger and Laboratory, 8894 E8-2935 Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory, 8894-8895 E8-2916 E8-2918 Accreditation and Approval of King Laboratories, Inc., as a Commercial Gauger and Laboratory, 8895 E8-2917 Approval Of Intertek USA, Inc., as a Commercial Gauger, 8895-8896 E8-2914 E8-2915 Approval of Los Angeles Bunker Surveyors, Inc., as a Commercial Gauger, 8896 E8-2939 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8932-8935 E8-2923 E8-2924 E8-2930 E8-2931 E8-2956 E8-2957 Fund Availability Under the VA Homeless Providers Grant and Per Diem Program, 8935-8940 E8-2933 E8-2937 Separate Parts In This Issue Part II Housing and Urban Development Department, 8944-8974 E8-2589 Part III Securities and Exchange Commission, 8976-8982 E8-2859 Part IV Education Department, 8984-8988 E8-2934 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. 73 32 Friday, February 15, 2008 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R-1308] Availability of Funds and Collection of Checks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. SUMMARY: The Board of Governors (Board) is amending appendix A of Regulation CC to delete the reference to the head office of the Federal Reserve Bank of Kansas City and reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Dallas, and is amending appendix B of Regulation CC to delete the reference to the Kansas City head office. DATES: The final rule will become effective on April 19, 2008. FOR FURTHER INFORMATION CONTACT: Jeffrey S.H. Yeganeh, Financial Services Manager (202/728-5801), or Joseph P. Baressi, Financial Services Project Leader (202/452-3959), Division of Reserve Bank Operations and Payment Systems; or Heatherun Sophia Allison, Senior Counsel (202/452-3565), Legal Division. For users of Telecommunications Devices for the Deaf

(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: Background Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal. 1 A depositary bank generally must provide faster availability for funds deposited by a “local check” than by a “nonlocal check.” A check drawn on a bank is considered local if it is payable by or at a bank located in the same Federal Reserve check-processing region as the depositary bank. A check drawn on a nonbank is considered local if it is payable through a bank located in the same Federal Reserve check-processing region as the depositary bank. Checks that do not meet the requirements for “local” checks are considered “nonlocal.” 1 For purposes of Regulation CC, the term “bank” refers to any depository institution, including commercial banks, savings institutions, and credit unions. Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check-processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check-processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same check-processing region and thus are local to one another. Appendix B to Regulation CC reduces the generally permissible hold times for nonlocal check deposits collected between certain check-processing regions from 5 days to 3 days due to generally faster collection times between these regions. On April 19, 2008, the Reserve Banks will transfer the check-processing operations of the head office of the Federal Reserve Bank of Kansas City to the head office of the Federal Reserve Bank of Dallas. 2 To assist banks in identifying local and nonlocal checks and making funds availability decisions, the Board is amending the lists of routing symbols in appendix A associated with the Federal Reserve Banks of Kansas City and Dallas to reflect the transfer of check-processing operations from the head office of the Federal Reserve Bank of Kansas City to the head office of the Federal Reserve Bank of Dallas. In addition, because the Kansas City check-processing region will no longer exist, the Board is deleting the appendix B reference to the Kansas City office, and, as a result of this change, there will be no offices listed in that appendix. 2 The Reserve Banks announced in May 2006 that the check-processing operations of the head office of the Federal Reserve Bank of Kansas City would be transferred to the head office of the Federal Reserve Bank of St. Louis in the first half of 2008. See *http://www.federalreserve.gov/newsevents/press/other/20060531a.htm.* The Board provided notice earlier this year, however, that the Kansas City check-processing operations instead would be transferred to the head office of the Federal Reserve Bank of Dallas. See 73 FR 1267, January 8, 2008. To coincide with the effective date of the underlying check-processing changes, the amendments to appendix A and appendix B are effective April 19, 2008. The Board is providing notice of the amendments at this time to give affected banks ample time to make any needed processing changes. Early notice also will enable affected banks to amend their availability schedules and related disclosures if necessary and provide their customers with notice of these changes. 3 3 Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds. Administrative Procedure Act The Board has not followed the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of the final rule. The revisions to appendix A and appendix B are technical in nature and are required by the statutory and regulatory definitions of “check-processing region.” Because there is no substantive change on which to seek public input, the Board has determined that the § 553(b) notice and comment procedures are unnecessary. In addition, the underlying consolidation of Federal Reserve Bank check-processing offices involves a matter relating to agency management, which is exempt from notice and comment procedures. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The technical amendment to appendix A of Regulation CC will delete the reference to the head office of the Federal Reserve Bank of Kansas City and reassign the routing symbols listed under that office to the head office of the Federal Reserve Bank of Dallas. The technical amendment to appendix B of Regulation CC will delete the reference to the Kansas City head office. The depository institutions that are located in the affected check-processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, all paperwork collection procedures associated with Regulation CC already are in place, and the Board accordingly anticipates that no additional burden will be imposed as a result of this rulemaking. List of Subjects in 12 CFR Part 229 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR part 229 to read as follows: PART 229—AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC) 1. The authority citation for part 229 continues to read as follows: Authority: 12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018. 2. The Tenth and Eleventh District routing symbol lists in appendix A are revised to read as follows: Appendix A to Part 229—Routing Number Guide to Next-Day Availability Checks and local checks Tenth Federal Reserve District [Federal Reserve Bank of Kansas City] Denver Branch 0920 2920 0921 2921 0929 2929 1020 3020 1021 3021 1022 3022 1023 3023 1070 3070 1240 3240 1241 3241 1242 3242 1243 3243 Eleventh Federal Reserve District [Federal Reserve Bank of Dallas] Head Office 1010 3010 1011 3011 1012 3012 1019 3019 1030 3030 1031 3031 1039 3039 1110 3110 1111 3111 1113 3113 1119 3119 1120 3120 1122 3122 1123 3123 1130 3130 1131 3131 1140 3140 1149 3149 1163 3163 Appendix B to Part 229—[Removed] 3. Remove and reserve Appendix B. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, February 12, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-2869 Filed 2-14-08; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM382; Notice No. 25-369-SC] Special Conditions: Boeing Model 767 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are for Boeing Model 767 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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 March 17, 2008. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2195; facsimile

(425)227-1232; electronic mail *alan.sinclair@faa.gov.* SUPPLEMENTARY INFORMATION: Change to Special Condition Number 4 The FAA previously notified the public of our intent to issue special conditions for seats with non-traditional, large, non-metallic panels on various airplane makes and models. Notice of Proposed Special Conditions No. 25-06-13-SC, applicable to Boeing Model 737 series airplanes, was published in the **Federal Register** on November 9, 2006 (71 FR 65761). The special conditions were issued on June 29, 2007 (Docket No. NM 359, Special Conditions No. 25-358-SC), published in the **Federal Register** on July 10, 2007 (72 FR 37425), and became effective on August 9, 2007. Both the Notice and the Final Special Conditions contained these words: We anticipate that seats with non-traditional, large, non-metallic panels will be installed in other makes and models of airplanes. We have made the determination to require special conditions for all applications requesting the installation of seats with non-traditional, large, non-metallic panels until the airworthiness requirements can be revised to address this issue. Having the same standards across the range of airplane makes and models will ensure a level playing field for the aviation industry. Special condition number 4 in the 737 special conditions limits the applicability of the special conditions to new seat certification programs *applied* for after the effective date of the special conditions. In these special conditions the FAA changed the applicability to make the special conditions applicable to new seat certification programs that are *approved* after the effective date of the special conditions. This change could affect pending as well as future project applications. The rationale behind this change is that these seat installations affect survivability during a post-crash fire event and should be implemented as soon as possible. Additionally, the public has been previously notified of the FAA's intent to issue similar special conditions on other airplane makes and models. Background On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124, applied for a design change to Type Certificate No. A1NM for installation of seats that include non-traditional, large, non-metallic panels in Boeing Model 767 series airplanes. The Boeing Model 767 series airplanes, currently approved under Type Certificate No. A1NM, are swept-wing, conventional tail, twin-engine, turbofan-powered, dual aisle, medium-sized transport category airplanes. The applicable regulations to airplanes currently approved under Type Certificate No. A1NM do not require seats to meet the more stringent flammability standards required of large, non-metallic panels in the cabin interior. At the time the applicable rules were written, seats were designed with a metal frame covered by fabric, not with large, non-metallic panels. Seats also met the then recently adopted standards for flammability of seat cushions. With the seat design being mostly fabric and metal, the contribution to a fire in the cabin had been minimized and was not considered a threat. For these reasons, seats did not need to be tested to heat release and smoke emission requirements. Seat designs have now evolved to occasionally include non-traditional, large, non-metallic panels. Taken in total, the surface area of these panels is on the same order as the sidewall and overhead stowage bin interior panels. To provide the level of passenger protection intended by the airworthiness standards, these non-traditional, large, non-metallic panels in the cabin must meet the standards of Title 14 Code of Federal Regulations (CFR), part 25, Appendix F, parts IV and V, heat release and smoke emission requirements. Type Certification Basis Under the provisions of 14 CFR 21.101, Boeing must show that the Model 767 series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A1NM, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. A1NM are as follows: • For Model 767-200 and -300 airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-37. • For Model 767-400ER airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-37 with the exception listed: Section 25.853(d)(3), Compartment interiors, at Amendment 25-72. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable part that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Boeing Model 767 series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 767 series airplanes must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. Special conditions, as defined in § 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 type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features The Boeing Model 767 series airplanes will incorporate the following novel or unusual design features: These models offer interior arrangements that include passenger seats that incorporate non-traditional, large, non-metallic panels in lieu of the traditional metal frame covered by fabric. The flammability properties of these panels have been shown to significantly affect the survivability of the cabin in the case of fire. These seats are considered a novel design for transport category airplanes that include Amendment 25-61 and Amendment 25-66 in the certification basis, and were not considered when those airworthiness standards were established. The existing regulations do not provide adequate or appropriate safety standards for seat designs that incorporate non-traditional, large, non-metallic panels in their designs. In order to provide a level of safety that is equivalent to that afforded to the balance of the cabin, additional airworthiness standards, in the form of special conditions, are necessary. These special conditions supplement § 25.853. The requirements contained in these special conditions consist of applying the identical test conditions required of all other large panels in the cabin, to seats with non-traditional, large, non-metallic panels. Definition of “Non-Traditional, Large, Non-Metallic Panel” A non-traditional, large, non-metallic panel, in this case, is defined as a panel with exposed-surface areas greater than 1.5 square feet installed per seat place. The panel may consist of either a single component or multiple components in a concentrated area. Examples of parts of the seat where these non-traditional panels are installed include, but are not limited to: Seat backs, bottoms and leg/foot rests, kick panels, back shells, credenzas and associated furniture. Examples of traditional exempted parts of the seat include: Arm caps, armrest close-outs such as end bays and armrest-styled center consoles, food trays, video monitors, and shrouds. Clarification of “Exposed” “Exposed” is considered to include panels that are directly exposed to the passenger cabin in the traditional sense, and panels that are enveloped, such as by a dress cover. Traditional fabrics or leathers currently used on seats are excluded from these special conditions. These materials must still comply with § 25.853(a) and § 25.853(c) if used as a covering for a seat cushion, or § 25.853(a) if installed elsewhere on the seat. Non-traditional, large, non-metallic panels covered with traditional fabrics or leathers will be tested without their coverings or covering attachments. Discussion In the early 1980s the FAA conducted extensive research on the effects of post-crash flammability in the passenger cabin. As a result of this research and service experience, we adopted new standards for interior surfaces associated with large surface area parts. Specifically, the rules require measurement of heat release and smoke emission (part 25, Appendix F, parts IV and V) for the affected parts. Heat release has been shown to have a direct correlation with post-crash fire survival time. Materials that comply with the standards (i.e., § 25.853 entitled “Compartment interiors” as amended by Amendment 25-61 and Amendment 25-66) extend survival time by approximately 2 minutes over materials that do not comply. At the time these standards were written the potential application of the requirements of heat release and smoke emission to seats was explored. The seat frame itself was not a concern because it was primarily made of aluminum and there were only small amounts of non-metallic materials. It was determined that the overall effect on survivability was negligible, whether or not the food trays met the heat release and smoke requirements. The requirements therefore did not address seats. The preambles to both the Notice of Proposed Rule Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note that seats were excluded “because the recently-adopted standards for flammability of seat cushions will greatly inhibit involvement of the seats.” Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 6, 1995) clarified the definition of minimum panel size: “It is not possible to cite a specific size that will apply in all installations; however, as a general rule, components with exposed-surface areas of one square foot or less may be considered small enough that they do not have to meet the new standards. Components with exposed-surface areas greater than two square feet may be considered large enough that they do have to meet the new standards. Those with exposed-surface areas greater than one square foot, but less than two square feet, must be considered in conjunction with the areas of the cabin in which they are installed before a determination could be made.” In the late 1990s, the FAA issued Policy Memorandum 97-112-39, *Guidance for Flammability Testing of Seat/Console Installations,* October 17, 1997 ( *http://rgl.faa.gov* ). That memo was issued when it became clear that seat designs were evolving to include large, non-metallic panels with surface areas that would impact survivability during a cabin fire event, comparable to partitions or galleys. The memo noted that large surface area panels must comply with heat release and smoke emission requirements, even if they were attached to a seat. If the FAA had not issued such policy, seat designs could have been viewed as a loophole to the airworthiness standards that would result in an unacceptable decrease in survivability during a cabin fire event. In October of 2004, an issue was raised regarding the appropriate flammability standards for passenger seats that incorporated non-traditional, large, non-metallic panels in lieu of the traditional metal covered by fabric. The Seattle Aircraft Certification Office and Transport Standards Staff reviewed this design and determined that it represented the kind and quantity of material that should be required to pass the heat release and smoke emissions requirements. We have determined that special conditions would be promulgated to apply the standards defined in 14 CFR 25.853(d) to seats with large, non-metallic panels in their design. Discussion of Comments Notice of proposed special conditions No. 25-07-14-SC, pertaining to Boeing Model 767 series airplanes, was published in the **Federal Register** on October 29, 2007 (72 FR 61079). We only received comments from Boeing. Change “Approved” to “Applied for” in Special Condition Number 4 Boeing requested that the word “approved” in the following sentence be changed to “applied for.” Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Boeing also requested clarification regarding what is meant by “approved.” *FAA Response:* Special condition number 4 was revised from what was issued for the final special conditions applicable to Model 737 airplanes. The Model 737 final special conditions contained the phrase “applied for.” That phrase was changed to “approved” in these final special conditions to ensure that these special conditions are applicable to as many Model 767 certification projects as possible. The 737 special conditions, in effect, notified Boeing that the flammability issue regarding seats with non-traditional, large, non-metallic panels must be addressed. The FAA discussed this issue with Boeing and stated that all subsequent special conditions related to this matter would be based on the project approval date. To clarify what we mean by the approval date, the approval date is the date of approval of the affected amended type certificate or supplemental type certificate. These Special Conditions Are Not Being Applied to Other Airplane Manufacturers Boeing did not request a specific change in this comment, but did draw attention to the fact that the standards promulgated by these special conditions have not yet achieved a “level playing field for the aviation industry.” Boeing stated that it agreed with the FAA's goals to ensure that all parties in the industry are treated fairly, and the new standards are applied uniformly. However, Boeing noted that it is not apparent that those goals have yet been met. *FAA Response:* As projects are identified that include seats with large, non-metallic panels, the FAA will issue special conditions for the affected airplane makes and models. We are currently working on several other special condition packages for airplanes produced by other manufacturers. In addition, we are considering rulemaking to revise § 25.853 to address this issue. These special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to Boeing Model 767 series airplanes. It is not our intent, however, to require seats with large, non-metallic panels to meet § 25.853, Appendix F, parts IV and V, if they are installed in cabins of airplanes that otherwise are not required to meet these standards. Because the heat release and smoke testing requirements of § 25.853 per Appendix F, parts IV and V, are not part of the type certification basis of the Model 767, these special conditions are only applicable if the Model 767 series airplanes are in 14 CFR part 121 operations. Section 121.312 requires compliance with the heat release and smoke testing requirements of § 25.853, for certain airplanes, irrespective of the type certification bases of those airplanes. For Model 767 series airplanes, these are the airplanes that would be affected by these special conditions. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 767 series airplanes. 1. Except as provided in paragraph 3 of these special conditions, compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat release and smoke emission, is required for seats that incorporate non-traditional, large, non-metallic panels that may either be a single component or multiple components in a concentrated area in their design. 2. The applicant may designate up to and including 1.5 square feet of non-traditional, non-metallic panel material per seat place that does not have to comply with special condition Number 1, above. A triple seat assembly may have a total of 4.5 square feet excluded on any portion of the assembly (e.g., outboard seat place 1 square foot, middle 1 square foot, and inboard 2.5 square feet). 3. Seats do not have to meet the test requirements of Title 14 CFR part 25, Appendix F, parts IV and V, when installed in compartments that are not otherwise required to meet these requirements. Examples include: a. Airplanes with passenger capacities of 19 or less, b. Airplanes that do not have § 25.853, Amendment 25-61 or later, in their certification basis and do not need to comply with the requirements of 14 CFR 121.312, and c. Airplanes exempted from § 25.853, Amendment 25-61 or later. 4. Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Previously certificated interiors on the existing airplane fleet and follow-on deliveries of airplanes with previously certificated interiors are not affected. Issued in Renton, Washington, on February 7, 2008. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-2864 Filed 2-14-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM381; Notice No. 25-368-SC] Special Conditions: Boeing Model 747 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are for Boeing Model 747 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. 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 March 17, 2008. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2195; facsimile

(425)227-1232; electronic mail *alan.sinclair@faa.gov.* SUPPLEMENTARY INFORMATION: Change to Special Condition Number 4 The FAA previously notified the public of our intent to issue special conditions for seats with non-traditional, large, non-metallic panels on various airplane makes and models. Notice of Proposed Special Conditions No. 25-06-13-SC, applicable to Boeing Model 737 series airplanes, was published in the **Federal Register** on November 9, 2006 (71 FR 65761). The special conditions were issued on June 29, 2007 (Docket No. NM 359, Special Conditions No. 25-358-SC), published in the **Federal Register** on July 10, 2007 (72 FR 37425), and became effective on August 9, 2007. Both the Notice and the Final Special Conditions contained these words: We anticipate that seats with non-traditional, large, non-metallic panels will be installed in other makes and models of airplanes. We have made the determination to require special conditions for all applications requesting the installation of seats with non-traditional, large, non-metallic panels until the airworthiness requirements can be revised to address this issue. Having the same standards across the range of airplane makes and models will ensure a level playing field for the aviation industry. Special condition number 4 in the 737 special conditions limits the applicability of the special conditions to new seat certification programs *applied* for after the effective date of the special conditions. In these special conditions the FAA changed the applicability to make the special conditions applicable to new seat certification programs that are *approved* after the effective date of the special conditions. This change could affect pending as well as future project applications. The rationale behind this change is that these seat installations affect survivability during a post-crash fire event and should be implemented as soon as possible. Additionally, the public has been previously notified of the FAA's intent to issue similar special conditions on other airplane makes and models. Background On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124, applied for a design change to Type Certificate No. A20WE for installation of seats that include non-traditional, large, non-metallic panels in Boeing Model 747 series airplanes. The Boeing Model 747 series airplanes, currently approved under Type Certificate No. A20WE, are swept-wing, conventional tail, four engine, turbofan-powered, dual aisle, large-sized transport category airplanes. The applicable regulations to airplanes currently approved under Type Certificate No. A20WE do not require seats to meet the more stringent flammability standards required of large, non-metallic panels in the cabin interior. At the time the applicable rules were written, seats were designed with a metal frame covered by fabric, not with large, non-metallic panels. Seats also met the then recently adopted standards for flammability of seat cushions. With the seat design being mostly fabric and metal, the contribution to a fire in the cabin had been minimized and was not considered a threat. For these reasons, seats did not need to be tested to heat release and smoke emission requirements. Seat designs have now evolved to occasionally include non-traditional, large, non-metallic panels. Taken in total, the surface area of these panels is on the same order as the sidewall and overhead stowage bin interior panels. To provide the level of passenger protection intended by the airworthiness standards, these non-traditional, large, non-metallic panels in the cabin must meet the standards of Title 14 Code of Federal Regulations (CFR), part 25, Appendix F, parts IV and V, heat release and smoke emission requirements. Type Certification Basis Under the provisions of 14 CFR 21.101, Boeing must show that the Model 747 series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A20WE, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. A20WE are as follows: • For Model 747-100, -100B, -100B SUD, -200B, -200C, -300, 747SR and 747SP airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-8, Amendment 25-15, Amendment 25-17, Amendment 25-18, Amendment 25-20 and Amendment 25-39. • For Model 747-400 airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-59. For Model 747-400F airplanes, Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-67. • For Model 747-400D airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-70. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable part that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Boeing Model 747 series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 747 series airplanes must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. Special conditions, as defined in § 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 type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features The Boeing Model 747 series airplanes will incorporate the following novel or unusual design features: These models offer interior arrangements that include passenger seats that incorporate non-traditional, large, non-metallic panels in lieu of the traditional metal frame covered by fabric. The flammability properties of these panels have been shown to significantly affect the survivability of the cabin in the case of fire. These seats are considered a novel design for transport category airplanes that include Amendment 25-61 and Amendment 25-66 in the certification basis, and were not considered when those airworthiness standards were established. The existing regulations do not provide adequate or appropriate safety standards for seat designs that incorporate non-traditional, large, non-metallic panels in their designs. In order to provide a level of safety that is equivalent to that afforded to the balance of the cabin, additional airworthiness standards, in the form of special conditions, are necessary. These special conditions supplement § 25.853. The requirements contained in these special conditions consist of applying the identical test conditions required of all other large panels in the cabin, to seats with non-traditional, large, non-metallic panels. Definition of “Non-Traditional, Large, Non-Metallic Panel” A non-traditional, large, non-metallic panel, in this case, is defined as a panel with exposed-surface areas greater than 1.5 square feet installed per seat place. The panel may consist of either a single component or multiple components in a concentrated area. Examples of parts of the seat where these non-traditional panels are installed include, but are not limited to: Seat backs, bottoms and leg/foot rests, kick panels, back shells, credenzas and associated furniture. Examples of traditional exempted parts of the seat include: Arm caps, armrest close-outs such as end bays and armrest-styled center consoles, food trays, video monitors, and shrouds. Clarification of “Exposed” “Exposed” is considered to include panels that are directly exposed to the passenger cabin in the traditional sense, and panels that are enveloped, such as by a dress cover. Traditional fabrics or leathers currently used on seats are excluded from these special conditions. These materials must still comply with § 25.853(a) and § 25.853(c) if used as a covering for a seat cushion, or § 25.853(a) if installed elsewhere on the seat. Non-traditional, large, non-metallic panels covered with traditional fabrics or leathers will be tested without their coverings or covering attachments. Discussion In the early 1980s the FAA conducted extensive research on the effects of post-crash flammability in the passenger cabin. As a result of this research and service experience, we adopted new standards for interior surfaces associated with large surface area parts. Specifically, the rules require measurement of heat release and smoke emission (part 25, Appendix F, parts IV and V) for the affected parts. Heat release has been shown to have a direct correlation with post-crash fire survival time. Materials that comply with the standards (i.e., § 25.853 entitled “Compartment interiors” as amended by Amendment 25-61 and Amendment 25-66) extend survival time by approximately 2 minutes over materials that do not comply. At the time these standards were written, the potential application of the requirements of heat release and smoke emission to seats was explored. The seat frame itself was not a concern because it was primarily made of aluminum and there were only small amounts of non-metallic materials. It was determined that the overall effect on survivability was negligible, whether or not the food trays met the heat release and smoke requirements. The requirements therefore did not address seats. The preambles to both the Notice of Proposed Rule Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note that seats were excluded “because the recently-adopted standards for flammability of seat cushions will greatly inhibit involvement of the seats.” Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 6, 1995) clarified the definition of minimum panel size: “It is not possible to cite a specific size that will apply in all installations; however, as a general rule, components with exposed-surface areas of one square foot or less may be considered small enough that they do not have to meet the new standards. Components with exposed-surface areas greater than two square feet may be considered large enough that they do have to meet the new standards. Those with exposed-surface areas greater than one square foot, but less than two square feet, must be considered in conjunction with the areas of the cabin in which they are installed before a determination could be made.” In the late 1990s, the FAA issued Policy Memorandum 97-112-39, *Guidance for Flammability Testing of Seat/Console Installations,* October 17, 1997 ( *http://rgl.faa.gov* ). That memo was issued when it became clear that seat designs were evolving to include large, non-metallic panels with surface areas that would impact survivability during a cabin fire event, comparable to partitions or galleys. The memo noted that large surface area panels must comply with heat release and smoke emission requirements, even if they were attached to a seat. If the FAA had not issued such policy, seat designs could have been viewed as a loophole to the airworthiness standards that would result in an unacceptable decrease in survivability during a cabin fire event. In October of 2004, an issue was raised regarding the appropriate flammability standards for passenger seats that incorporated non-traditional, large, non-metallic panels in lieu of the traditional metal covered by fabric. The Seattle Aircraft Certification Office and Transport Standards Staff reviewed this design and determined that it represented the kind and quantity of material that should be required to pass the heat release and smoke emissions requirements. We have determined that special conditions would be promulgated to apply the standards defined in 14 CFR 25.853(d) to seats with large, non-metallic panels in their design. Discussion of Comments Notice of proposed special conditions No. 25-07-13-SC, pertaining to Boeing Model 747 series airplanes, was published in the **Federal Register** on October 29, 2007 (72 FR 61077). We only received comments from Boeing. Change “Approved” to “Applied for” in Special Condition Number 4 Boeing requested that the word “approved” in the following sentence be changed to “applied for.” Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Boeing also requested clarification regarding what is meant by “approved.” *FAA Response:* Special condition number 4 was revised from what was issued for the final special conditions applicable to Model 737 airplanes. The Model 737 final special conditions contained the phrase “applied for.” That phrase was changed to “approved” in these final special conditions to ensure that these special conditions are applicable to as many Model 747 certification projects as possible. The 737 special conditions, in effect, notified Boeing that the flammability issue regarding seats with non-traditional, large, non-metallic panels must be addressed. The FAA discussed this issue with Boeing and stated that all subsequent special conditions related to this matter would be based on the project approval date. To clarify what we mean by the approval date, the approval date is the date of approval of the affected amended type certificate or supplemental type certificate. These Special Conditions Are Not Being Applied to Other Airplane Manufacturers Boeing did not request a specific change in this comment, but did draw attention to the fact that the standards promulgated by these special conditions have not yet achieved a “level playing field for the aviation industry.” Boeing stated that it agreed with the FAA's goals to ensure that all parties in the industry are treated fairly, and the new standards are applied uniformly. However, Boeing noted that it is not apparent that those goals have yet been met. *FAA Response:* As projects are identified that include seats with large, non-metallic panels, the FAA will issue special conditions for the affected airplane makes and models. We are currently working on several other special condition packages for airplanes produced by other manufacturers. In addition, we are considering rulemaking to revise § 25.853 to address this issue. These special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to Boeing Model 747 series airplanes. It is not our intent, however, to require seats with large, non-metallic panels to meet § 25.853, Appendix F, parts IV and V, if they are installed in cabins of airplanes that otherwise are not required to meet these standards. Because the heat release and smoke testing requirements of § 25.853, Appendix F, parts IV and V, are not part of the type certification basis of the Model 747, these special conditions are only applicable if the Model 747 series airplanes are in 14 CFR part 121 operations. Section 121.312 requires compliance with the heat release and smoke testing requirements of § 25.853, for certain airplanes, irrespective of the type certification bases of those airplanes. For the Model 747, these are the airplanes that would be affected by these special conditions. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 747 series airplanes. 1. Except as provided in paragraph 3 of these special conditions, compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat release and smoke emission, is required for seats that incorporate non-traditional, large, non-metallic panels that may either be a single component or multiple components in a concentrated area in their design. 2. The applicant may designate up to and including 1.5 square feet of non-traditional, non-metallic panel material per seat place that does not have to comply with special condition Number 1, above. A triple seat assembly may have a total of 4.5 square feet excluded on any portion of the assembly (e.g., outboard seat place 1 square foot, middle 1 square foot, and inboard 2.5 square feet). 3. Seats do not have to meet the test requirements of Title 14 CFR part 25, Appendix F, parts IV and V, when installed in compartments that are not otherwise required to meet these requirements. Examples include: a. Airplanes with passenger capacities of 19 or less, b. Airplanes that do not have § 25.853, Amendment 25-61 or later, in their certification basis and do not need to comply with the requirements of 14 CFR 121.312, and c. Airplanes exempted from § 25.853, Amendment 25-61 or later. 4. Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Previously certificated interiors on the existing airplane fleet and follow-on deliveries of airplanes with previously certificated interiors are not affected. Issued in Renton, Washington, on February 7, 2008. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-2853 Filed 2-14-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0004; Airspace Docket No. 08-ASW-2] Establishment of Class E Airspace; Huntsville, AR AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action establishes Class E airspace at Huntsville, AR. Controlled airspace is necessary to accommodate aircraft using new Area Navigation

(RNAV)Global Positioning System

(GPS)Standard Instrument Approach Procedures (SIAPs). This action is necessary to enhance the safety and management of Instrument Flight Rules

(IFR)aircraft operations at Huntsville Municipal Airport, Huntsville, Arkansas. DATES: *Effective Dates:* 0901 UTC April 10, 2008. Comments for inclusion in the rules Docket must be received March 31, 2008. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0004/Airspace Docket No. 08-ASW-2, at the beginning of your comments. You may also submit comments through the Internet at *http://regulations.gov* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office at telephone 1-800-647-5527 is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center, System Support Group, Federal Aviation Administration, Southwest Region, Fort Worth, TX 76193-0530; telephone

(817)222-5597. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date of the rule. If the FAA receives, within the comment period, an adverse or negative comment, or written comment notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the direct final rule. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the direct final rule. Commenters wishing the FAA to acknowledge receipt of their comments on this rule must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0004, Airspace Docket No. 08-ASW-2.” The postcard will be date/time stamped and returned to the commenter. Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Huntsville, AR, providing the airspace required to support the new VOR/DME or GPS RWY 12 approach developed for IFR landings at Huntsville Municipal Airport. Controlled airspace extending upward from 700 feet above the surface is required to encompass all SIAPs and for the safety of IFR operations at Huntsville Municipal Airport. Designations for Class E airspace areas extending upward from 700 feet above the surface of the earth are published in the FAA Order 7400.9R, signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1., Class E designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implication under Executive Order 13132. 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, in non-controversial and unlikely to result in adverse or negative comments. 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 since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49, of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, Part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace at Huntsville Municipal Airport, Huntsville, AR. Lists of Subjects in 14 CFR, Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p 389. § 71.1 Amended 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designation and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet above the surface of the earth. ASW AR E5 Huntsville, AR [New] Huntsville Municipal Airport, AR (Lat. 36°05′42″N., long. 93°45′17″W.) That airspace extending upward from 700 feet above the surface of the earth within a 5-mile radius of Huntsville Municipal Airport. Issued in Fort Worth, TX, on January 4, 2008. Donald R. Smith, Manager, System Support Group, ATO Central Service Center. [FR Doc. 08-663 Filed 2-14-08; 8:45 am]

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