Unknown. Final special conditions; request for comments

5,911 words·~27 min read·/register/2010/07/02/2010-16166·

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-2010-07-02.xml --- 75 127 Friday, July 2, 2010 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service Army Army Department See Engineers Corps NOTICES Meetings: Army Science Board, 38504 2010-16136 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38531-38532 2010-16200 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38530-38531 2010-16008 Meetings: Medicare Program; Advisory Panel on Ambulatory Payment Classification Groups, 38533-38535 2010-16163 Children Children and Families Administration RULES Child Support Enforcement Program; Intergovernmental Child Support, 38612-38644 2010-15215 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Charles River, Boston, MA, Public Event, 38411-38412 2010-16117 Chelsea River, Chelsea and East Boston, MA, Event - Road Race, 38411 2010-16113 Chicago River, Chicago, IL, 38412 2010-16114 Safety Zones: Multiple Firework Displays in Captain of the Port, Puget Sound Area of Responsibility, WA, 38415-38417 2010-16118 San Diego POPS Fireworks, San Diego, CA, 38412-38415 2010-16116 Special Local Regulations: Macy's Fourth of July Fireworks Spectator Vessels Viewing Areas, Hudson River, New York, NY, 38408-38411 2010-16262 NOTICES Meetings:

National Maritime Security Advisory Committee, 38536 2010-16112 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 38467-38469 2010-16103 2010-16104 Commodity Commodity Credit Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38456 2010-16109 Commodity Commodity Futures Trading Commission NOTICES Finding That Trades Perform a Significant Price Discovery Function:

Mid-C Financial Peak Contract and Mid-C Financial Off-Peak Contract, 38469-38478 2010-16212 Findings That Trades Do Not Perform a Significant Price Discovery Function: Fuel Oil-180 Singapore Swap Contract, 38487-38492 2010-16209 Mid-C Financial Peak Daily Contract and Mid-C Financial Off-Peak Daily Contract, 38478-38487 2010-16206 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 38492-38493 2010-16316 Defense Defense Department See Army Department See Engineers Corps See Navy Department RULES Federal Acquisition Regulation:

FAR Case 2008-011, Government Property, 38675-38683 2010-15918 FAR Case 2008-023, Clarification of Criteria for Sole Source Awards to Service-disabled Veteran-owned Small Business Concerns, 38687-38689 2010-15902 FAR Case 2008-035, Registry of Disaster Response Contractors, 38683-38684 2010-15914 FAR Case 2009-040, Trade Agreements Thresholds, 38689-38691 2010-15901 FAR Case 2010-008; Recovery Act Subcontract Reporting Procedures, 38684-38687 2010-15908 Federal Acquisition Circular 2005-43;

Introduction, 38674-38675 2010-15913 Federal Acquisition Circular 2005-43; Small Entity Compliance Guide, 38691-38692 2010-15906 NOTICES Meetings: Board of Regents of the Uniformed Services University of the Health Sciences, 38493 2010-16092 Defense Health Board, 38493-38494 2010-16179 Privacy Act; Systems of Records, 38494-38495 2010-16132 Revised Non-Foreign Overseas Per Diem Rates, 38495-38499 2010-16133 Education Education Department NOTICES Applications for New Awards for Fiscal Year 2010:

Coordinating Center for Transition and Postsecondary Programs for Students with Intellectual Disabilities, 38506-38510 2010-16186 Personnel Development to Improve Services and Results for Children with Disabilities, 38510 2010-16204 Training for Realtime Writers, 38510-38514 2010-16203 Employee Employee Benefits Security Administration NOTICES Prohibited Transaction Exemptions and Grant of Individual Exemptions: PNC Financial Services Group, Inc., et al., 38551-38557 2010-16097 Proposed Exemptions:

Morgan Stanley & Co., Inc., et al., 38557-38564 2010-16096 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38514 2010-16241 Applications to Export Electric Energy: Brookfield Energy Marketing LP, 38514-38515 2010-16238 Energy Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38515 2010-16239 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Folsom South of U.S. Highway 50 Specific Plan Project, in Sacramento County, CA, 38500-38501 2010-16135 Sunridge Properties in the Sunridge Specific Plan Area, in Rancho Cordova, Sacramento County, CA, 38502-38504 2010-16138 Town of Nags Head Proposed Beach Nourishment Project in Dare County, NC, 38501-38502 2010-16137 EPA Environmental Protection Agency RULES Denying Washington Toxics Coalition Petition to Revoke Tolerances; etc.: Carbaryl, 38417-38422 2010-15751 NOTICES Determinations:

Massachusetts Marine Sanitation Device Standard, 38516-38517 2010-16174 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 38517-38518 2010-16171 Meetings: Children's Health Protection Advisory Committee, 38518 2010-16177 Proposed Consent Decree, Clean Air Act Citizen Suit, 38519-38521 2010-16172 2010-16173 Registration Reviews: Biopesticide Dockets Opened for Review and Comment, 38521-38523 2010-16027 FAA Federal Aviation Administration RULES Airworthiness Directives:

Boeing Co. Model 747 100B, et al. Series Airplanes Equipped with Rolls-Royce RB211-524 Series Engines, 38404-38406 2010-16046 Boeing Co. Model 747-100, -200B, and -200F Series Airplanes, 38394-38396 2010-15924 Boeing Co. Model 747-400, 747-400D, and 747-400F Series Airplanes, 38397-38404 2010-15935 Amendment of Norton Sound Low and Control 1234L Offshore Airspace Areas: Alaska, 38406-38408 2010-16076 Special Conditions: Boeing 757-200 with Enhanced Flight Vision System, 38391-38394 2010-16166 FCC Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38523-38524 2010-16098 Federal Energy Federal Energy Regulatory Commission NOTICES Order on Intent to Revoke Market-Based Rate Authority: Electric Quarterly Reports; Strategic Energy Management Corp.; Solaro Energy Marketing Corp., 38516 2010-16131 Federal Highway Federal Highway Administration NOTICES Buy America Waiver Notification, 38593-38595 2010-16082 2010-16085 2010-16088 Surface Transportation Environment and Planning Cooperative Research Program, 38605-38606 2010-15949 Temporary Closure of I-70 on October 7, 2010, in Indianapolis, IN, 38606-38608 2010-16094 Federal Motor Federal Motor Carrier Safety Administration RULES Minimum Levels of Financial Responsibility for Motor Carriers, 38423-38430 2010-16009 NOTICES Guidance to States:

Driver History Record Information Security, Continuity of Operation Planning, and Disaster Recovery Planning, 38595-38596 2010-16226 Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 38597-38599 2010-16222 2010-16225 Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders, 38599-38602 2010-16216 Qualification of Drivers; Exemption Applications; Vision, 38602-38603 2010-16180 Qualification of Drivers; Exemption Renewals; Vision, 38603 2010-16210 State Responsibility for Timely Reporting and Posting of Certain Convictions and Disqualifications, etc., 38603-38605 2010-16218 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad Safety Appliance Standards, Miscellaneous Revisions, 38432-38441 2010-16153 NOTICES Applications and Funding Availability:

Reducing Effects of Traumatic Exposure to Grade Crossing and Trespasser Incidents on Train Crews, 38592-38593 2010-16156 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 38524 2010-16175 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 38524 2010-16176 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Revised Critical Habitat for Santa Ana Sucker, 38441-38451 2010-15953 Food Food and Drug Administration NOTICES Medical Devices: Availability of Safety and Effectiveness Summaries for Premarket Approval Applications, 38532-38533 2010-16139 Forest Forest Service NOTICES Meetings: Collaborative Forest Landscape Restoration Program Advisory Committee, 38456-38457 2010-16110 Eleven Point Resource Advisory Committee, 38457 2010-16130 GSA General Services Administration RULES Federal Acquisition Regulation:

Introduction, 38674-38675 2010-15913 Federal Acquisition Circular 2005-43; Small Entity Compliance Guide, 38691-38692 2010-15906 Geological Geological Survey NOTICES Patent, Trademark and Copyright Acts, 38543 2010-15670 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38524-38526 2010-16164 2010-16165 Privacy Act; Systems of Records, 38526-38530 2010-16167 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 38536 2010-15716 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Final Determination of Sales at Less Than Fair Value:

Certain Woven Electric Blankets from the People's Republic of China, 38459-38463 2010-16198 Final Results of Sunset Review and Revocation of Order: Greige Polyester Cotton Printcloth from the People's Republic of China, 38463 2010-16205 International International Trade Commission NOTICES Appointment of Individuals to Serve as Members of Performance Review Board, 38549 2010-16120 Recent Trends in U.S. Services Trade, 2011 Annual Report, 38549-38550 2010-16078 Justice Justice Department NOTICES Lodging of Consent Decree under the Clean Air Act, 38550 2010-16099 Lodging of Consent Decree under the Comprehensive Environmental Response, Compensation, and Liability Act, 38550-38551 2010-16119 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 38536-38538 2010-16168 2010-16244 2010-16246 Call for Nominations:

Pinedale Anticline Working Group, Wyoming, 38538 2010-16251 Environmental Impact Statements; Availability, etc.: Updating Cumulative Effects Analysis for the Newmont Mining Corporation Leeville Project, Nevada, 38539 2010-16033 Updating Cumulative Effects Analysis for the Newmont Mining Corporation South Operations Area Project Amendment, Nevada, 38540 2010-16031 Filings of Plats of Survey: Alaska, 38540 2010-16220 Final Supplementary Rules for Public Lands in Colorado: McInnis Canyons National Conservation Area, 38540-38543 2010-16148 Proposed Reinstatement of Terminated Oil and Gas Lease (CACA 46594), 38543-38544 2010-16150 Proposed Withdrawal Extension and Opportunity for Public Meeting:

Nevada, 38544 2010-16149 Montana, 38544-38545 2010-16347 Realty Action: Competitive Auction of Public Lands in White Pine County, NV, 38545-38547 2010-16140 Non-Competitive (Direct) Sale of Public Lands, etc.; Madison County, ID, 38547-38548 2010-16260 Temporary Closures of Public Lands: Washoe County, NV, 38548-38549 2010-16151 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: FAR Case 2008-011, Government Property, 38675-38683 2010-15918 FAR Case 2008-023, Clarification of Criteria for Sole Source Awards to Service-disabled Veteran-owned Small Business Concerns, 38687-38689 2010-15902 FAR Case 2008-035, Registry of Disaster Response Contractors, 38683-38684 2010-15914 FAR Case 2009-040, Trade Agreements Thresholds, 38689-38691 2010-15901 FAR Case 2010-008;

Recovery Act Subcontract Reporting Procedures, 38684-38687 2010-15908 Federal Acquisition Circular 2005-43; Introduction, 38674-38675 2010-15913 Federal Acquisition Circular 2005-43; Small Entity Compliance Guide, 38691-38692 2010-15906 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38564 2010-16155 NIH National Institutes of Health NOTICES Meetings: National Institute on Alcohol Abuse and Alcoholism, 38533 2010-16037 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 38430-38431 2010-16196 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Central Gulf of Alaska License Limitation Program (Amendment 86), 38452-38453 2010-16195 Skates Management in the Bering Sea and Aleutian Islands Management Area; Groundfish Annual Catch Limits, 38454-38455 2010-16197 NOTICES Applications: Marine Mammals; File No. 15511, 38457-38458 2010-16193 Atlantic Coastal Fisheries Cooperative Management Act Provisions:

General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 38458 2010-16194 Meetings: Mid-Atlantic Fishery Management Council, 38464-38465 2010-16158 New England Fishery Management Council, 38463-38464 2010-16157 Pacific Fishery Management Council, 38464 2010-16160 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to the Port of Anchorage Marine Terminal Redevelopment Project, 38465-38467 2010-16189 Navy Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38499-38500 2010-16089 Meetings: Naval Research Advisory Committee, 38504-38505 2010-16129 Secretary of the Navy Advisory Panel, 38505-38506 2010-16127 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee on Reactor Safeguards (ACRS); ACRS Subcommittee on ESBWR, 38564 2010-16170 Advisory Committee on Reactor Safeguards (ACRS); ACRS Subcommittee on Plant Operations and Fire Protection, 38564-38565 2010-16183 Occupational Occupational Safety and Health Administration PROPOSED RULES Standards Improvement Project—Phase III, 38646-38671 2010-15156 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38565 2010-16161 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act, Water Management Plans, 38538-38539 2010-16126 Klamath Hydroelectric Settlement Agreement: Secretarial Determination on Whether to Remove Four Dams on the Klamath River in California and Oregon, 38543 2010-16134 RECOVERY ACCOUNTABILITY Recovery Accountability and Transparency Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38566 2010-16125 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 38566-38569 2010-16141 Depository Trust Co., 38581-38583 2010-16107 International Securities Exchange, LLC, 38570-38571, 38587-38589 2010-16142 2010-16147 NASDAQ OMX BX, Inc., 38571-38574, 38585-38587 2010-16124 2010-16143 2010-16146 NASDAQ OMX PHLX, Inc., 38583-38585 2010-16144 2010-16145 National Securities Clearing Corp., 38579-38581 2010-16108 NYSE Amex LLC, 38574-38576 2010-16105 NYSE Amex LLC; Correction, 38589 C1--2010--14360 NYSE Arca, Inc., 38576-38579 2010-16106 Options Clearing Corp.;

Correction, 38589 C1--2010--12986 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Origins of Writing in the Ancient Middle East, 38589 2010-16207 Salvador Dali: The Late Work, 38589-38590 2010-16208 Venice: Canaletto and His Rivals, 38589 2010-16211 Susquehanna Susquehanna River Basin Commission NOTICES Actions Taken at June 11, 2010, Meeting, 38590-38591 2010-16121 Projects Approved for Consumptive Uses of Water, 38591-38592 2010-16122 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration RULES Procedures for Transportation Workplace Drug and Alcohol Testing Programs, 38422-38423 2010-16159 Treasury Treasury Department NOTICES Privacy Act;

Systems of Records, 38608-38609 2010-16162 Separate Parts In This Issue Part II Health and Human Services Department, Children and Families Administration, 38612-38644 2010-15215 Part III Labor Department, Occupational Safety and Health Administration, 38646-38671 2010-15156 Part IV Defense Department, 38674-38692 2010-15918 2010-15902 2010-15914 2010-15901 2010-15908 2010-15913 2010-15906 General Services Administration, 38674-38692 2010-15918 2010-15902 2010-15914 2010-15901 2010-15908 2010-15913 2010-15906 National Aeronautics and Space Administration, 38674-38692 2010-15918 2010-15902 2010-15914 2010-15901 2010-15908 2010-15913 2010-15906 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 127 Friday, July 2, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM429; Special Conditions No. 25-407-SC] Special Conditions: Boeing 757-200 With Enhanced Flight Vision System AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Boeing Model 757-200 series airplanes. These airplanes, as modified by the Federal Express Corporation, will have an advanced, enhanced-flight-visibility system (EFVS). The EFVS is a novel or unusual design feature which consists of a head-up display

(HUD)system modified to display forward-looking infrared

(FLIR)imagery. 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 11, 2010. We must receive your comments by July 22, 2010. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attn: Rules Docket (ANM-113), Docket No. NM429, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. You may deliver two copies to the Transport Airplane Directorate at the above address. You must mark your comments: Docket No. NM429. You can inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Dale Dunford, FAA, Transport Standards Staff, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-2239; fax

(425)227-1320; e-mail: *dale.dunford@faa.gov.* SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for, prior public comment on these special conditions 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 We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning these special conditions. You can inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want us to acknowledge receipt of your comments on this proposal, include with your comments a self-addressed, stamped postcard on which you have written the docket number. We will stamp the date on the postcard and mail it back to you. Background On June 23, 2009, the Federal Express Corporation applied for a supplemental type certificate for the installation and operation of a HUD and an EFVS on Boeing Model 757-200. The original type certificate for the 757-200 airplanes is A2NM, revision 27, dated July 16, 2009. The Boeing Model 757-200 is a transport-category, cargo-carrying airplane that operates with a crew of two and that carries no passengers. The model 757-200 airplane has a wing span of 125 feet, a length of 155 feet, a maximum takeoff gross weight of 255,000 pounds, is powered by two Pratt and Whitney PW2037, PW2040, PW2043, or Rolls-Royce RB211 turbofan engines, and has a maximum range of 3,900 nautical miles. The electronic infrared image displayed between the pilot and the forward windshield represents a novel or unusual design feature in the context of 14 CFR 25.773. Section 25.773 was not written in anticipation of such technology. The electronic image has the potential to enhance the pilot's awareness of the terrain, hazards, and airport features. At the same time, the image may partially obscure the pilot's direct outside compartment view. Therefore, the FAA needs adequate safety standards to evaluate the EFVS to determine that the imagery provides the intended visual enhancements without undue interference with the pilot's outside compartment view. The FAA intent is that the pilot will be able to use a combination of the information seen in the image, and the natural view of the outside scene seen through the image, as safely and effectively as a pilot compartment view without an EVS image, that is compliant with § 25.773. Although the FAA has determined that the existing regulations are not adequate for certification of EFVSs, it believes that EFVSs could be certified through application of appropriate safety criteria. Therefore, the FAA has determined that special conditions should be issued for certification of EFVS to provide a level of safety equivalent to that provided by the standard in § 25.773. Note: The term “enhanced vision system”

(EVS)in this document refers to a system comprised of a head-up display, imaging sensor(s), and avionics interfaces that display the sensor imagery on the HUD, and overlay that imagery with alpha-numeric and symbolic flight information. However, the term has also been commonly used in reference to systems that displayed the sensor imagery, with or without other flight information, on a head-down display. For clarity, the FAA created the term “enhanced flight visibility system”

(EFVS)to refer to certain EVS systems that meet the requirements of the new operational rules—in particular, the requirement for a HUD and specified flight information—and which can be used to determine “enhanced flight visibility.” An EFVS can be considered a subset of a system otherwise labeled EVS. On January 9, 2004, the FAA published revisions to operational rules in 14 CFR parts 1, 91, 121, 125, and 135 to allow aircraft to operate below certain altitudes during a straight-in instrument approach while using an EFVS to meet visibility requirements. Prior to this rule change, the FAA issued Special Conditions No. 25-180-SC, which applied to an EVS installed on Gulfstream Model G-V airplanes. Those special conditions addressed the requirements for the pilot compartment view and limited the scope of the intended functions permissible under the operational rules at the time. The intended function of the EVS imagery was to aid the pilot during the approach, and allow the pilot to detect and identify the visual references for the intended runway down to 100 feet above the touchdown zone. However, the EVS imagery alone was not to be used as a means to satisfy visibility requirements below 100 feet. The recent operational rule change expands the permissible application of certain EVSs that are certified to meet the new EFVS standards. The new rule will allow the use of an EFVS for operation below the minimum descent altitude or decision height to meet new visibility requirements of § 91.175(l). The purpose of these special conditions is not only to address the issue of the “pilot compartment view,” as was done by Special Conditions No. 25-180-SC, but also to define the scope of intended function consistent with § 91.175(l) and (m). Type Certification Basis Under the provisions of 14 CFR 21.101, the Federal Express Corporation must show that the Boeing Model 757-200 airplanes, as modified, comply with the regulations in the U.S. type-certification basis established for those airplanes. The U.S. type-certification basis for the airplanes is established in accordance with § 21.21 and 21.17, and the type certification application date. The U.S. type-certification basis for these airplane models is listed in Type Certificate Data Sheet No. A2NM, revision 27, dated July 16, 2009, which covers all variants of the 757 airplanes. In addition, the certification basis includes certain special conditions and exemptions that are not relevant to these special conditions. Also, if the regulations incorporated by reference do not provide adequate standards with respect to the change, the applicant must comply with certain regulations in effect on the date of application for the change. If the Administrator finds that the applicable airworthiness regulations ( *i.e.,* part 25 as amended) do not contain adequate or appropriate safety standards for the Boeing Model 757-200 airplanes, modified by Federal Express, because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. 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 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 the other model. Novel or Unusual Design Features The Boeing Model 757-200 airplanes will incorporate an EFVS, which is a novel or unusual design feature. The EFVS is a novel or unusual design feature because it projects a video image derived from a FLIR camera through the HUD. The EFVS image is projected in the center of the “pilot compartment view,” which is governed by § 25.773. The image is displayed with HUD symbology and overlays the forward outside view. Therefore, § 25.773 does not contain appropriate safety standards for the EFVS display. Operationally, during an instrument approach, the EFVS image is intended to enhance the pilot's ability to detect and identify “visual references for the intended runway” [see § 91.175(l)(3)] to continue the approach below decision height or minimum descent altitude. Depending on atmospheric conditions and the strength of infrared energy emitted and/or reflected from the scene, the pilot can see these visual references in the image better than he or she can see them through the window without EFVS. Scene contrast detected by infrared sensors can be much different from that detected by natural pilot vision. On a dark night, thermal differences of objects which are not detectable by the naked eye are easily detected by many imaging infrared systems. On the other hand, contrasting colors in visual wavelengths may be distinguished by the naked eye but not by an imaging infrared system. Where thermal contrast in the scene is sufficiently detectable, the pilot can recognize shapes and patterns of certain visual references in the infrared image. However, depending on conditions, those shapes and patterns in the infrared image can appear significantly different than they would with normal vision. Considering these factors, the EFVS image needs to be evaluated to determine that it can be accurately interpreted by the pilot. The EFVS image may improve the pilot's ability to detect and identify items of interest. However, the EFVS needs to be evaluated to determine that the imagery allows the pilot to perform the normal flight-crew duties and adequately see outside the window through the image, consistent with the safety intent of § 25.773(a)(2). Compared to a HUD displaying the EFVS image and symbology, a HUD that only displays stroke-written symbols is easier to see through. Stroke symbology illuminates a small fraction of the total display area of the HUD, leaving much of that area free of reflected light that could interfere with the pilot's view out the window through the display. However, unlike stroke symbology, the video image illuminates most of the total display area of the HUD (approximately 30 degrees horizontally and 25 degrees vertically) which is a significant fraction of the pilot compartment view. The pilot cannot see around the larger illuminated portions of the video image, but must see the outside scene through it. Unlike the pilot's external view, the EFVS image is a monochrome, two-dimensional display. Many, but not all, of the depth cues found in the natural view are also found in the image. The quality of the EFVS image and the level of EFVS infrared-sensor performance could depend significantly on conditions of the atmospheric and external light sources. The pilot needs adequate control of sensor gain and image brightness, which can significantly affect image quality and transparency ( *i.e.,* the ability to see the outside view through the image). Certain system characteristics could create distracting and confusing display artifacts. Finally, because this is a sensor-based system intended to provide a conformal perspective corresponding with the outside scene, the system must be able to ensure accurate alignment. Therefore, safety standards are needed for each of the following factors: • An acceptable degree of image transparency; • Image alignment; • Lack of significant distortion; and • The potential for pilot confusion or misleading information. Section 25.773, Pilot compartment view, specifies that “Each pilot compartment must be free of glare and reflection that could interfere with the normal duties of the minimum flight crew * * *” In issuing § 25.773, the FAA did not anticipate the development of the EFVS and does not consider that § 25.773 adequately addresses the specific issues related to such a system. Therefore, the FAA has determined that special conditions are needed to address the specific issues particular to the installation and use of an EFVS. Discussion The EFVS is intended to present an enhanced view during the landing approach. This enhanced view would help the pilot see and recognize external visual references, as required by § 91.175(l), and to visually monitor the integrity of the approach, as described in FAA Order 6750.24D (“Instrument Landing System and Ancillary Electronic Component Configuration and Performance Requirements,” dated March 1, 2000). Based on this approved functionality, users would seek to obtain operational approval to conduct approaches—including approaches to Type I runways—in visibility conditions much lower than those for conventional Category I. *The purpose of these special conditions is to ensure that the EFVS to be installed can perform the following functions:* • Present an enhanced view that aids the pilot during the approach. • Provide enhanced flight visibility to the pilot that is no less than the visibility prescribed in the standard instrument-approach procedure. • Display an image that the pilot can use to detect and identify the “visual references for the intended runway” required by 14 CFR 91.175(l)(3), to continue the approach with vertical guidance to 100 feet height above the touchdown-zone elevation. Depending on the atmospheric conditions and the particular visual references that happen to be distinctly visible and detectable in the EFVS image, these functions would support its use by the pilot to visually monitor the integrity of the approach path. Compliance with these special conditions does not affect the applicability of any of the requirements of the operating regulations ( *i.e.,* 14 CFR parts 91, 121, and 135). Furthermore, use of the EFVS does not change the approach minima prescribed in the standard instrument approach procedure being used; published minima still apply. *The FAA certification of this EFVS is limited as follows:* 1. The infrared-based EFVS image will not be certified as a means to satisfy the requirements for descent below 100 feet height above touchdown. 2. The EFVS may be used as a supplemental device to enhance the pilot's situational awareness during any phase of flight or operation in which its safe use has been established. 3. An EFVS image may provide an enhanced image of the scene that may compensate for any reduction in the clear outside view of the visual field framed by the HUD combiner. The pilot must be able to use this combination of information seen in the image and the natural view of the outside scene, seen through the image, as safely and effectively as the pilot would use a pilot compartment view without an EFVS image that is compliant with § 25.773. This is the fundamental objective of the special conditions. The FAA will also apply additional certification criteria, not as special conditions, for compliance with related regulatory requirements, such as §§ 25.1301 and 25.1309. These additional criteria address certain image characteristics, installation, demonstration, and system safety. *Image-characteristics criteria include the following:* • Resolution, • Luminance, • Luminance uniformity, • Low-level luminance, • Contrast variation, • Display quality, • Display dynamics ( *e.g.,* jitter, flicker, update rate, and lag), and • Brightness controls. Installation criteria address visibility and access to EFVS controls, and integration of EFVS in the cockpit. The EFVS demonstration criteria address the flight and environmental conditions that need to be covered. The FAA also intends to apply certification criteria relevant to high-intensity radiated fields

(HIRF)and lightning protection. Applicability As discussed above, these special conditions are applicable to Boeing Model 757-200 airplanes. Should the Federal Express Corporation apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A2NM to incorporate 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 Boeing 757-200 airplanes. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 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 757-200 airplanes modified by the Federal Express Corporation. 1. The EFVS imagery on the HUD must not degrade the safety of flight, or interfere with the effective use of outside visual references for required pilot tasks, during any phase of flight in which it is to be used. 2. To avoid unacceptable interference with the safe and effective use of the pilot compartment view, the EFVS device must meet the following requirements: a. The EFVS design must minimize unacceptable display characteristics or artifacts ( *e.g.* noise, “burlap” overlay, running water droplets) that obscure the desired image of the scene, impair the pilot's ability to detect and identify visual references, mask flight hazards, distract the pilot, or otherwise degrade task performance or safety. b. Automatic control of EFVS display brightness must be sufficiently effective, in dynamically changing background (ambient) lighting conditions, to prevent full or partial blooming of the display that would distract the pilot, impair the pilot's ability to detect and identify visual references, mask flight hazards, or otherwise degrade task performance or safety. c. A readily accessible control must be provided that permits the pilot to immediately deactivate and reactivate display of the EFVS image on demand without removing the pilot's hands from the primary flight controls (yoke or equivalent) or thrust control. d. The EFVS image on the HUD must not impair the pilot's use of guidance information, or degrade the presentation and pilot awareness of essential flight information, displayed on the HUD, such as alerts, airspeed, attitude, altitude and direction, approach guidance, windshear guidance, Traffic Alert and Collision Avoidance System

(TCAS)resolution advisories, or unusual-attitude recovery cues. e. The EFVS image and the HUD symbols—which are spatially referenced to the pitch scale, outside view and image—must be scaled and aligned ( *i.e.,* conformal) to the external scene. In addition, the EFVS image and the HUD symbols—when considered singly or in combination—must not be misleading, cause pilot confusion, or increase workload. Airplane attitudes or cross-wind conditions may cause certain symbols ( *e.g.,* the zero-pitch line or flight path vector) to reach field-of-view limits such that they cannot be positioned conformally with the image and external scene. In such cases, these symbols may be displayed but with an altered appearance which makes the pilot aware that they are no longer displayed conformally (for example, “ghosting”). f. A HUD system used to display EFVS images must, if previously certified, continue to meet all of the requirements of the original approval. If the HUD has not been previously approved, it must be found to meet the basic HUD certification criteria documented in the HUD issue paper. 3. The safety and performance of the pilot tasks associated with the use of the pilot compartment view must not be degraded by the display of the EFVS image. Pilot tasks which must not be degraded by the EFVS image include: a. Detection, accurate identification, and maneuvering, as necessary, to avoid traffic, terrain, obstacles, and other hazards of flight. b. Accurate identification and utilization of visual references required for every task relevant to the phase of flight. 4. The EFVS must be shown to be compliant with these requirements, under the provisions of §§ 91.175(l) and 121.651, with the following intended functions: a. Presenting an image that would aid the pilot during a straight-in instrument approach. b. Enable the pilot to determine that the “enhanced flight visibility,” as required by § 91.175(l)(2) and referenced in § 121.651, is adequate for descent and operation below minimum descent altitude/decision height. c. Enabling the pilot to use the EFVS imagery to detect and identify the “visual references for the intended runway,” required by § 91.175(l)(3), to continue the approach with vertical guidance to 100 feet height above touchdown-zone elevation. 5. Use of EFVS for instrument-approach operations must be in accordance with the provisions of § 91.175(l) and (m), and § 121.651 where applicable. Appropriate limitations must be stated in the Operating Limitations section of the airplane flight manual to prohibit the use of the EFVS for functions that have not been found to be acceptable. Issued in Renton, Washington, on June 11, 2010. Jeffrey Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-16166 Filed 7-1-10; 8:45 am]

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