Unknown. Final special conditions; request for comments

4,319 words·~20 min read·/register/2011/11/21/2011-29909·

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-2011-11-21.xml --- 76 224 Monday, November 21, 2011 Contents Agriculture Agriculture Department See Farm Service Agency See Forest Service See Natural Resources Conservation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71933 2011-29952 Meetings: Advisory Committee on Biotechnology and 21st Century Agriculture, 71933-71934 2011-30027 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71932 2011-29996 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Referral Guide, 71978-71979 2011-29913 Meetings: Advisory Committee on Maternal, Infant and Early Childhood Home Visiting Program Evaluation, 71979-71980 2011-29945 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71987-71989 2011-29966 Commerce Commerce Department See Economic Analysis Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72035-72045 2011-29951 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Updates to Wide Area WorkFlow, 71928-71930 2011-29860 Defense Federal Acquisition Regulation Supplement: Supplement: Applicability of Hexavalent Chromium Policy to Commercial Items, 71926-71928 2011-29861 Supplement: Separation of Combined Provisions and Clauses, 71922-71926 2011-29857 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71958-71959 2011-29995 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Investment Surveys; Quarterly Survey of Foreign Direct Investment in United States, 71937-71938 2011-29980 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Advisory Board, 71959 2011-29716 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Virginia; Update to Materials Incorporated by Reference, 71881-71886 2011-29904 California State Implementation Plans: Placer County Air Pollution Control District and Sacramento Metropolitan Air Quality Management District; Revisions, 71886-71888 2011-29906 National Emission Standards for Hazardous Air Pollutant Emissions: Shipbuilding and Ship Repair (Surface Coating); Wood Furniture Manufacturing, 72050-72075 2011-29457 Protections for Subjects in Human Research Involving Pesticides:

Submission to Secretary of Agriculture, 71880-71881 2011-29910 PROPOSED RULES California State Implementation Plans: Placer County Air Pollution Control District and Sacramento Metropolitan Air Quality Management District; Revisions, 71922 2011-29905 Executive Office of the President See Management and Budget Office See Presidential Documents Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Direct Loan Servicing;

Special, 71934 2011-30031 Tobacco Transition Payment Program: Availability of Current Assessment Methods Determination Document, 71934-71935 2011-30032 Federal Aviation Federal Aviation Administration RULES Special Conditions: Gulfstream Aerospace Corp., Model GVI Airplane; Windshield Coating in Lieu of Wipers, 71865-71867 2011-29909 NOTICES Noise Compatibility Program: W. M. Kellogg Airport, Battle Creek, MI, 72025-72026 2011-29899 Federal Communications Federal Communications Commission RULES Broadband Over Power Lines, 71892-71908 2011-30045 Service Rules for 698-806 MHz Band, Revision of Commission's Rules Regarding Public Safety Spectrum Requirements, and Declaratory Ruling on Reporting Requirement Under Anti-Collusion Rule, 71909 2011-30049 Television Broadcasting Services;

Montgomery, Alabama, 71909 2011-30003 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72035-72045 2011-29951 Updated Listing of Financial Institutions in Liquidation, 71968 2011-29898 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 71968 2011-30055 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Elevation Certificate / Floodproofing Certificate, 71989-71990 2011-29946 Emergency Management Institute Course Evaluation Form, 71991-71993 2011-29939 Federal Assistance for Offsite Radiological Emergency Planning, 71991 2011-29948 Standard Flood Hazard Determination Form, 71990 2011-29940 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Elba Express Co., L.L.C., 71961-71962 2011-29931 KC Hydro LLC of New Hampshire, 71959-71963 2011-29927 2011-29929 2011-29930 2011-29934 2011-29935 2011-29936 Combined Filings, 71963-71966 2011-29923 2011-29924 2011-29926 Commissioner and Staff Attendance at ReliabilityFirst Corporation Meetings, 71966 2011-29932 Complaints:

TC Ravenswood, LLC v. New York Independent System Operator, Inc. New York State Reliability Council, L.L.C., 71966 2011-30025 Environmental Assessments; Availability, etc.: Jordan Hydroelectric Limited Partnership, 71967 2011-29928 Marseilles Land and Water Co., Illinois, 71967 2011-29933 Records Governing Off-the-Record Communications, 71967-71968 2011-29925 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 72026-72029 2011-29968 2011-29971 2011-29976 Multistate Corridor Operations and Management Program:

Correction, 72029-72030 2011-29972 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings: FMCSA Advisory Committee and Joint Public Meeting with Medical Review Board, 72030-72031 2011-29960 Qualifications of Drivers; Exemption Applications: Diabetes Mellitus, 72031-72034 2011-29958 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71968-71977, 72035-72045 2011-29874 2011-29951 2011-29984 Fish Fish and Wildlife Service RULES Migratory Bird Permits:

States Delegated Falconry Permitting Authority; Technical Corrections, 71910-71912 2011-29829 Food and Drug Food and Drug Administration NOTICES Meetings: Advancing Regulatory Science for Highly Multiplexed Microbiology/Medical Countermeasure Devices, 71982-71983 2011-29937 Gastroenterology and Urology Devices Panel of Medical Devices Advisory Committee, 71983-71984 2011-29890 SEDASYS Computer-Assisted Personalized Sedation System; Ethicon Endo-Surgery, Inc.'s Petition for Review, etc., 71980-71982 2011-29888 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Bordertown to California 120kV Transmission Line, Humboldt-Toiyabe National Forest, 71935-71936 2011-29797 General Services General Services Administration RULES Federal Travel Regulation: Payment of Expenses Connected with the Death of Certain Employees, 71890-71892 2011-30022 Storage of a Privately Owned Vehicle When Assigned a Temporary Change of Station in Support of a Contingency Operation, 71888-71890 2011-29565 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71998-72000 2011-29967 Patent, Trademark and Copyright Acts: Prospective Intent to Award Exclusive License, 72000 2011-29974 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES NICEATM-ICCVAM Five-Year Plan; Update, 71977-71978 2011-30001 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71984-71985 2011-29981 Meetings: Advisory Committee on Maternal, Infant and Early Childhood Home Visiting Program Evaluation, 71979-71980 2011-29945 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 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Capacity Building for Sustainable Communities Program, 71996-71997 2011-30020 Community Challenge Planning Grant Program, 71995-71996 2011-30019 Protection and Enhancement of Environmental Quality, 71996 2011-30021 Industry Industry and Security Bureau RULES Addition of Certain Persons to the Entity List; and Implementation of Entity List Annual Review Changes, 71867-71872 2011-29982 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: American Customer Satisfaction Index E-Government Website Customer Satisfaction Surveys, 71997-71998 2011-29979 Internal Revenue Internal Revenue Service RULES Corporate Reorganizations; Allocation of Basis in All Cash D Reorganizations, 71878-71880 2011-29799 PROPOSED RULES Corporate Reorganizations; Allocation of Basis in All Cash D Reorganizations, 71919 2011-29794 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Amendments, Extensions, etc.: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 71938 2011-30011 Land Land Management Bureau NOTICES Filings of Plats of Surveys: Arizona, 72000 2011-29975 Meetings: Albuquerque District Resource Advisory Council, New Mexico, 72001 2011-29977 Dominguez-Escalante Advisory Council; Change in Date, 72000-72001 2011-29973 Management Management and Budget Office NOTICES Outpatient Medical, Dental, and Cosmetic Surgery Services Furnished by Department of Defense Medical Treatment Facilities:

Rates Regarding Recovery From Tortiously Liable Third Persons, 72003 2011-29714 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72034 2011-29944 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Laura Bush 21st Century Librarian Grant Program Evaluation, 72003-72004 2011-29942 National Institute National Institutes of Health NOTICES Meetings:

Eunice Kennedy Shriver National Institute of Child Health and Human Development, 71987 2011-29998 2011-29999 National Heart, Lung, and Blood Institute, 71986 2011-30007 National Institute of Child Health and Human Development, 71985-71986 2011-30012 2011-30014 2011-30016 National Institute of Diabetes and Digestive and Kidney Diseases, 71986 2011-30006 National Institute on Drug Abuse; Amended, 71986-71987 2011-30004 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska:

Other Flatfish in Bering Sea Subarea of Bering Sea and Aleutian Islands Management Area; Closure, 71913 2011-30000 NOTICES Marine Mammals; Applications for Permit Amendments: File No. 10018, 71938-71939 2011-30013 Meetings: Caribbean Fishery Management Council, 71939-71940 2011-29997 New England Fishery Management Council, 71939 2011-29950 Takes of Marine Mammals Incidental to Specified Activities: Physical Oceanographic Studies in the Southwest Indian Ocean, January through February, 2012, 71940-71958 2011-30010 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Susquehanna to Roseland 500-kilovolt Transmission Line, 72001-72002 2011-29943 National Register of Historic Places: Pending Nominations and Related Actions, 72002-72003 2011-29949 Paterson Great Falls National Historical Park, 72003 2011-29947 National Science National Science Foundation NOTICES Request for Comments on the Intent to Conduct an Evaluation of the Scientists and Engineers Statistical Data System (SESTAT), 72004-72005 2011-29989 National Transportation National Transportation Safety Board RULES Rescission of Certain Regulations, 71909-71910 2011-29835 National Resources Natural Resources Conservation Service NOTICES Environmental Impact Statements;

Availability, etc.: Upper Deckers Creek Watershed, Preston County, WV, 71936-71937 2011-29963 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Guidance for Comment: NUREG-1556, Volume 2, Revision 1, Consolidated Guidance About Materials Licenses, Program-Specific Guidance About Industrial Radiography Licenses, 72005-72006 2011-29986 Draft Interim Staff Guidance; Availability, etc.: Evaluations of Uranium Recovery Facility Surveys of Radon and Radon Progeny in Air and Demonstrations of Compliance, 72006-72007 2011-29987 Exemptions from Certain Security Requirements:

ZIONSOLUTIONS, LLC, Zion Nuclear Power Station, Units 1 and 2, 72007-72008 2011-29983 Issuance of Directors Decision Entergy Nuclear Operations, Inc., Entergy Operations, Inc., Entergy Nuclear Vermont Yankee, LLC, Entergy Gulf States Louisiana, LLC, 72008-72009 2011-29985 Receipts of Requests for Action, 72009 2011-29988 Office of Management and Budget See Management and Budget Office Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 72009-72010 2011-30084 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Thanksgiving Day (Proc. 8755), 72077-72080 2011-30203 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72010 2011-29965 Securities Securities and Exchange Commission RULES Rescission of Outdated Rules and Forms, and Amendments to Correct References, 71872-71877 2011-29096 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72010-72011 2011-29873 Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange, Inc., 72011-72012 2011-29871 Chicago Board Options Exchange, Inc, 72016-72018 2011-29869 ICE Clear Credit LLC, 72015-72016 2011-29870 Municipal Securities Rulemaking Board, 72013-72015 2011-29970 NASDAQ OMX PHLX LLC, 72018-72019 2011-29872 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72019-72020 2011-29992 Disaster Declarations: Florida, 72021 2011-29959 Missouri, 72020 2011-29954 Virginia, 72020-72021 2011-29962 Major Disaster Declarations:

District of Columbia, 72021-72022 2011-29957 Missouri; Amendment 2, 72021 2011-29955 Vermont, 72022 2011-29956 Virginia, 72022 2011-29961 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Advance Notification Form; Tourist and Other Non-Governmental Activities in Antarctic Treaty Area, 72022-72023 2011-30018 Meetings: Advisory Committee on International Law, 72023 2011-30015 Susquehanna Susquehanna River Basin Commission NOTICES Meetings:

Public Hearing and Commission Meeting, 72023-72025 2011-29964 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Transportation Security Administration PROPOSED RULES Maintenance of and Access to Records Pertaining to Individuals: Proposed Exemption, 71930-71931 2011-29556 Nondiscrimination on the Basis of Disability in Air Travel:

Accessibility of Web Sites and Automated Kiosks at U.S. Airports, 71914-71918 2011-30002 NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed under Subpart B, 72025 2011-29978 Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: TSA Claims Management Program, 71993-71994 2011-29941 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72034-72035 2011-30008 Customs U.S. Customs and Border Protection NOTICES Meetings: Advisory Committee on Commercial Operations, 71994-71995 2011-29953 Veteran Affairs Veterans Affairs Department PROPOSED RULES Payment for Home Health Services and Hospice Care by Non-VA Providers, 71920-71922 2011-29994 NOTICES Enhanced-Use Leases: Department of Veterans Affairs Real Property for Development of Parking Structure, etc., Memphis, TN, 72047 2011-30034 Department of Veterans Affairs Real Property for Development of Permanent and Transitional Housing Facility, Dayton, OH, 72045 2011-30029 Department of Veterans Affairs Real Property for Development of Permanent and Transitional Housing, Chillicothe, OH, 72047 2011-30028 Department of Veterans Affairs Real Property for Development of Permanent Housing Facility, Cheyenne, WY, 72047-72048 2011-30044 Department of Veterans Affairs Real Property for Development of Permanent Housing in Perryville, MD, 72046 2011-30042 Department of Veterans Affairs Real Property for Development of Permanent Housing, Augusta, GA, 72045 2011-30033 Department of Veterans Affairs Real Property for Development of Permanent Housing, Danville, IL, 72048 2011-30023 Department of Veterans Affairs Real Property for Development of Permanent Housing, Grand Island, NE, 72048 2011-30046 Department of Veterans Affairs Real Property for Development of Permanent Housing, Salem, VA, 72046 2011-30043 Department of Veterans Affairs Real Property for Development of Permanent Housing, Topeka, KS, 72046-72047 2011-30030 Department of Veterans Affairs Real Property for Development of Permanent Housing, Walla Walla, WA, 72047 2011-30048 Department of Veterans Affairs Real Property for Development of Space for Community Services and Parking, Memphis, TN, 72046 2011-30041 Department of Veterans Affairs Real Property for Mixed-use Development Including Permanent Housing Facility, Lincoln, NE, 72048 2011-30026 Separate Parts In This Issue Part II Environmental Protection Agency, 72050-72075 2011-29457 Part III Presidential Documents, 72077-72080 2011-30203 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. 76 224 Monday, November 21, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2011-1280; Special Conditions No. 25-452-SC] Special Conditions: Gulfstream Aerospace Corporation, Model GVI Airplane;

Windshield Coating in Lieu of Wipers AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: This special condition is issued for the Gulfstream Aerospace Corporation Model GVI airplane. This airplane will have a novel or unusual design feature(s) associated with the use of a hydrophobic windshield coating, rather than windshield wipers, as the means to maintain a clear portion of the windshield during precipitation conditions, as required by the airworthiness standards for transport category airplanes.

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 November 14, 2011. We must receive your comments by January 5, 2012. ADDRESSES: Send comments identified by docket number FAA-2011-1280 using any of the following methods: • *Federal eRegulations Portal:* Go to *http://www.regulations.gov/* and follow the online instructions for sending your comments electronically. • *Mail:* Send comments to Docket Operations, M-30, U.S.

Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. • *Hand Delivery or Courier:* Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC between 8 a.m. and 5 p.m., Monday through Friday, except federal holidays. • *Fax:* Fax comments to Docket Operations at

(202)493-2251. *Privacy:* The FAA will post all comments it receives, without change, to *http://www.regulations.gov/,* including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, *etc.* ). DOT's complete Privacy Act Statement can be found in the **Federal Register** published on April 11, 2000 (65 FR 19477-19478), as well as at *http://DocketsInfo.dot.gov/.* *Docket:* Background documents or comments received may be read at *http://www.regulations.gov/* at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. FOR FURTHER INFORMATION CONTACT: Paul Bernado, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-1209; facsimile

(425)227-1320. 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 about 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 by 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 these special conditions, 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 March 29, 2005, Gulfstream Aerospace Corporation

(GAC)applied for an FAA type certificate for its new Model GVI passenger airplane (hereafter referred to as “the GVI” airplane). On September 28, 2006, GAC re-applied for the GVI type certificate in order to adhere to the application effectivity established by Title 14, Code of Federal Regulations (14 CFR) 21.17(c), and on July 31, 2011, GAC requested an extension of application in accordance with § 21.17(d)(2). The FAA concurred with this request and established a new effective application date of September 18, 2007. The GVI airplane will be an all-new, two-engine jet transport airplane. The maximum takeoff weight will be 99,600 pounds, with a maximum passenger count of 19 passengers. Type Certification Basis Under the provisions of 14 CFR 21.17, GAC must show that the GVI meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-120, 25-122, 25-124, and 25-132 thereto. 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 GVI because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. 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 novel or unusual design features, the special conditions would also apply to the other model. In addition to complying with the applicable airworthiness regulations and special conditions, the GVI 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. The FAA must also issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92-574, the “Noise Control Act of 1972.” The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.17(a)(2). Novel or Unusual Design Features The GVI flightdeck design incorporates a hydrophobic windshield coating to provide adequate pilot compartment view in the presence of precipitation. Sole reliance on such a coating, without windshield wipers or a windshield blower, constitutes a novel or unusual design feature for which the applicable airworthiness regulations do not contain adequate or appropriate safety standards. Therefore, special conditions are required that provide the level of safety equivalent to that established by the regulations. Discussion Section 25.773(b)(1) of 14 CFR requires a means to maintain a clear portion of the windshield for both pilots to have a sufficiently extensive view along the flight path during precipitation conditions. The regulations require this means to maintain such an area during precipitation in heavy rain at speeds up to 1.5 V <sup>SR1</sup> . The existing regulations cover technologies that primarily account for increased airflow and precipitation rates as limiting conditions. For example, as airflow and precipitation rates increase, the effectiveness of windshield wipers to maintain an area of clear vision normally degrades as airflow and precipitation rates increase. It is assumed that because high speeds and high precipitation rates represent limiting conditions for windshield wipers, they will also be effective at lower speeds and precipitation levels. Accordingly, § 25.773(b)(1)(i) does not require maintenance of a clear area of forward vision at lower speeds or lower precipitation rates. A forced air stream blown over the windshield has also been used to maintain an area of clear vision in precipitation. The limiting conditions for this technology are comparable to those for windshield wipers. Accordingly, introduction of this technology did not require special conditions to maintain the level of safety embodied in the existing regulations. However, the heavy rain and high-speed conditions specified in the current rule do not necessarily represent the limiting conditions for hydrophobic windshield coatings, which may depend to some degree on airflow over the windscreen to maintain a clear vision area. For example, in low-speed flight or during surface operations, airflow over the windshield may not be adequate to maintain a sufficiently clear area of the windshield. Additionally, during such critical times as during final approach where the airplane is at a higher-than-normal pitch attitude, airflow over the windshield may be disturbed. In these cases, areas of airflow disturbance or separation on the windshield could cause failure to maintain a clear vision area on the windshield. In addition to airflow, the effectiveness of hydrophobic coatings may also be affected by the size of precipitation. In some cases, the properties of the coating may not be sufficient to provide a clear area of vision during precipitation in the form of light mist. The heavy rain and high-speed conditions specified in the current rule do not necessarily represent the limiting condition for this new technology. For example, airflow over the windshield, which may be necessary to remove moisture from the windshield, may not be adequate to maintain a sufficiently clear area of the windshield in low-speed flight or during surface operations. Alternatively, airflow over the windshield may be disturbed during such critical times as the approach to land, where the airplane is at a higher-than-normal pitch attitude. In these cases, areas of airflow disturbance or separation on the windshield could cause failure to maintain a clear-vision area on the windshield. In summary, the current regulations identify speed and precipitation rate requirements that represent limiting conditions for windshield wipers and blowers, but not for hydrophobic coatings, so it is necessary to issue special conditions to maintain the level of safety represented by the current regulations. Applicability As discussed above, these special conditions are applicable to the GVI. Should GAC 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 the GVI. It is not a rule of general applicability. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. 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 GAC GVI airplanes. Pilot Compartment View—Hydrophobic Coatings in Lieu of Windshield Wipers The airplane must have a means to maintain a clear portion of the windshield, during precipitation conditions, enough for both pilots to have a sufficiently extensive view along the ground or flight path in normal taxi and flight attitudes of the airplane. This means must be designed to function, without continuous attention on the part of the crew, in conditions from light misting precipitation to heavy rain at speeds from fully stopped in still air, to 1.5 V <sup>SR1</sup> with lift and drag devices retracted. Issued in Renton, Washington, on November 14, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011-29909 Filed 11-18-11; 8:45 am]

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