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Code · REGISTER · 2012-03-26 · Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Annual Long-Term Care Ombudsm · Unknown

Unknown. Final special conditions

4,489 words·~20 min read·/register/2012/03/26/2012-6837·

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-2012-03-26.xml --- 77 58 Monday, March 26, 2012 Contents Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Annual Long-Term Care Ombudsman Report and Instructions, 17482 2012-7219 Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17402 2012-7191 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Restoration of Firearms Privileges, 17502 2012-7187 Federal Firearms Licensee Firearms Inventory Theft/Loss Report, 17503 2012-7188 Identification Markings Placed on Firearms, 17503-17504 2012-7173 Notification to Fire Safety Authority of Storage of Explosive Materials, 17504-17505 2012-7190 Strategic Planning Environmental Assessment Outreach, 17502-17503 2012-7189 Army Army Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17462 2012-7074 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Survey of School System Finances, 17407-17408 2012-7118 Coast Guard Coast Guard RULES Drawbridge Operations: Pequonnock River, Bridgeport, CT; Maintenance, 17332-17333 2012-7130 NOTICES Meetings: National Offshore Safety Advisory Committee, 17491-17492 2012-7126 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17406 2012-7102 Meetings: National Climate Assessment and Development Advisory Committee, 17406-17407 2012-7253 Commodity Futures Commodity Futures Trading Commission RULES Commodity Pool Operators and Commodity Trading Advisors: Compliance Obligations, 17328-17331 C1--2012--3390 Defense Department Defense Department See Army Department RULES Federal Acquisition Regulations: New Designated Country (Armenia) and Other Trade Agreements Updates, 17353 C2--2012--4495 Women-Owned Small Business Program, 17352-17353 C2--2012--4475 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17460-17462 2012-7071 2012-7073 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Revocations of Registrations: Morris W. Cochran, M.D., 17505-17522 2012-7107 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Assessment of Educational Progress 2011-13 System Clearance, 17463 2012-7201 Quick Response Information System 2012-2015 System Clearance, 17462-17463 2012-7185 Employment and Training Employment and Training Administration NOTICES Affirmative Determinations Regarding Applications for Reconsideration:
Roseburg Forest Products, Missoula, MT, 17524 2012-7159 Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance: Cinram Distribution, LLC, Aurora, IL, 17525 2012-7157 Lexis Nexis, Miamisburg, OH and Colorado Springs, CO, 17524-17525 2012-7156 Amended Certifications Regarding Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance: Stimson Lumber Co., Colville, WA, 17525-17526 2012-7160 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 17526-17528 2012-7158 Investigations of Certifications of Eligibility to Apply for Worker Adjustment Assistance, 17528-17529 2012-7167 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17464 2012-7192 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17464-17465 2012-7194 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Delaware, Maryland, New Jersey, and Pennsylvania; Determinations of Attainment of 1997 8-Hour Ozone, etc., 17341-17344 2012-7196 State of Nevada;
Regional Haze State Implementation Plan, 17334-17341 2012-7025 Protection of Stratospheric Ozone: Amendment to HFO-1234yf SNAP Rule for Motor Vehicle Air Conditioning Sector, 17344-17351 2012-6916 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Connecticut; Regional Haze, 17367-17386 2012-7216 Approvals and Promulgations of Implementation Plans: Colorado; Regional Haze State Implementation Plan, 18052-18098 2012-6908 National Uniform Emission Standards:
Storage Vessel and Transfer Operations, Equipment Leaks, and Closed Vent Systems, etc., 17898-18050 2012-5760 Significant New Use Rules: Hexabromocyclododecane and 1,2,5,6,9,10-Hexabromocyclododecane, 17386-17394 2012-7207 NOTICES Meetings: Science Advisory Board; Environmental Economics Advisory Committee; Teleconferences, 17475-17476 2012-6924 Executive Office of the President See Management and Budget Office See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives;
Correction: Airbus Airplanes, 17327 C1--2012--5859 Amendments of Class E Airspace: Hastings, NE, 17327-17328 2012-7104 Special Conditions: Airbus, A350-900 Series Airplane; Passenger Seats with Non-Traditional, Large, Non-Metallic Panels, 17325-17327 2012-7235 XtremeAir GmbH, XA42; Acrobatic Category Aerodynamic Stability, 17323-17325 2012-6837 PROPOSED RULES Amendments of Class E Airspace: Memphis, TN, 17360-17362 2012-7103 Modifications of Class D and Class E Airspace; Revocations of Class E Airspace:
Bellingham, WA, 17362-17363 2012-7232 Proposed Establishment of Class E Airspace: West Memphis, AR, 17363-17364 2012-7096 NOTICES Waivers of Aeronautical Land-Use Assurances: Jackson Municipal Airport, Jackson, MN, 17564 2012-7233 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17476-17477 2012-7166 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Georgia Power Co., 17465-17466 2012-7154 Public Utility District No. 1 of Snohomish County, WA, 17466-17467 2012-7150 Combined Filings, 17467-17470 2012-7139 2012-7140 2012-7141 2012-7145 2012-7146 Compliance Filings:
OREG 1, Inc., OREG 2, Inc., OREG 3, Inc., OREG 4, Inc., 17470-17471 2012-7138 Environmental Assessments; Availability, etc.: Choctaw Hub Expansion Project, PetroLogistics Natural Gas Storage Co., LLC, 17471-17472 2012-7153 Putnam Green Power, LLC, 17472 2012-7155 Environmental Impact Statements; Availability, etc.: New Jersey - New York Expansion Project, Texas Eastern Transmission, LP and Algonquin Gas Transmission, LLC, 17472-17473 2012-7149 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:
Wellhead Power Delano, LLC, 17473 2012-7144 License Applications: Qualified Hydro 24, LLC, 17474 2012-7151 Preliminary Permit Applications: Natural Currents Energy Services, LLC, 17474 2012-7152 Southern Energy, Inc., 17475 2012-7148 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in Utah, 17564-17565 2012-7162 Final Federal Agency Actions on Proposed Transportation Improvements in Utah, 17565-17566 2012-7168 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17477-17478 2012-7147 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 17478-17479 2012-7114 2012-7210 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 17479 2012-7113 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 17479 2012-7115 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders: Star Pipe Products, Ltd.; Analysis to Aid Public Comment, 17479-17481 2012-7234 Federal Transit Federal Transit Administration NOTICES Proposed Buy America Waivers, 17566-17567 2012-7186 Fish Fish and Wildlife Service RULES Harvest Regulations for Migratory Birds in Alaska During the 2012 Season, 17353-17359 2012-7199 NOTICES Endangered Species Permit Applications, 17494-17496 2012-7094 Fisheries and Habitat Conservation and Migratory Birds Programs:
Final Land-Based Wind Energy Guidelines, 17496-17498 2012-7011 Recovery Plans; Availability: Endangered Spigelia gentianoides (Gentian Pinkroot), 17498-17499 2012-7180 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17482-17483 2012-7137 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reclassification Petitions for Medical Devices, 17483-17484 2012-7142 Registration of Producers of Drugs and Listing of Drugs in Commercial Distribution, 17484-17487 2012-7136 Meetings:
Antiviral Drugs Advisory Committee, 17487-17488 2012-7178 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization Under Alternative Site Framework: Foreign-Trade Zone 151, Findlay, OH, 17408-17409 2012-7274 Foreign-Trade Zone 204, Tri-Cities Area, TN/VA, 17408 2012-7275 Expansions of Manufacturing Authority: Epson Portland, Inc., Foreign-Trade Zone 45, Portland, OR, 17409 2012-7272 Forest Forest Service NOTICES Requests for Nominations: Black Hills National Forest Advisory Board, 17402-17404 2012-7175 General Services General Services Administration RULES Federal Acquisition Regulations:
New Designated Country (Armenia) and Other Trade Agreements Updates, 17353 C2--2012--4495 Women-Owned Small Business Program, 17352-17353 C2--2012--4475 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulations; Identification of Products with Environmental Attributes, 17481-17482 2012-7197 Health and Human Health and Human Services Department See Aging Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.
Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17493-17494 2012-7100 Internal Revenue Internal Revenue Service NOTICES Meetings: Art Advisory Panel, 17570-17571 2012-7106 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Fresh Garlic from People's Republic of China, 17409-17410 2012-7218 Solid Urea from Russian Federation, 17410 2012-7236 Countervailing Duty Investigations;
Determinations, Results, Extensions, Amendments, etc.: Bottom Mount Combination Refrigerator-Freezers from Republic of Korea, 17410-17413 2012-7217 Determinations of Sales at Less than Fair Value; Negative Critical Circumstances Determinations: Bottom Mount Combination Refrigerator-Freezers from Republic of Korea, 17413-17418 2012-7237 Final Affirmative Countervailing Duty Determinations: Galvanized Steel Wire from People's Republic of China, 17418-17422 2012-7214 Final Determinations of Sales at Less Than Fair Value and Affirmative Critical Circumstances Determinations:
Bottom Mount Combination Refrigerator-Freezers from Mexico, 17422-17427 2012-7271 Final Determinations of Sales at Less than Fair Value: Certain Stilbenic Optical Brightening Agents from People's Republic of China, 17436-17439 2012-7215 Galvanized Steel Wire from Mexico, 17427-17430 2012-7213 Galvanized Steel Wire from People's Republic of China, 17430-17436 2012-7212 Preliminary Affirmative Countervailing Duty Determinations: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 17439-17456 2012-7273 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17500-17501 2012-7170 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inspection of Records Relating to Visual Depictions of Simulated Sexually Explicit Performances, 17501 2012-7174 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17522-17523 2012-7172 Agency Information Collection Activities; Proposals, Submissions, and Approvals:
National Crime Victimization Survey, 17523-17524 2012-7171 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Plats Filings, 17499-17500 2012-7143 2012-7163 Reinstatements of Terminated Oil and Gas Leases: WYW163161, Wyoming; Proposed, 17500 2012-7225 Legal Legal Services Corporation NOTICES Financial Eligibility Screening and Online Intake, 17529 2012-7117 Management Management and Budget Office PROPOSED RULES Reform of Federal Policies Relating to Grants and Cooperative Agreements:
Cost Principles and Administrative Requirements (Including Single Audit Act), 17360 2012-7056 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations: New Designated Country (Armenia) and Other Trade Agreements Updates, 17353 C2--2012--4495 Women-Owned Small Business Program, 17352-17353 C2--2012--4475 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17404-17406 2012-7255 2012-7257 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions that Nonconforming Vehicles Are Eligible for Importation:
Right-Hand Drive 2000-2003 Jeep Wrangler Multi-Purpose Passenger Vehicles, 17567-17568 2012-7097 Petitions for Importation Eligibility: Nonconforming 2005 Ifor Williams LM85G Trailers, 17568-17569 2012-7099 National Institute National Institute of Standards and Technology NOTICES Buy American Exceptions under American Recovery and Reinvestment Act of 2009, 17456-17457 2012-7222 Work Group on Alternative Test Methods for Commercial Measuring Devices: Formation and Meetings, 17457 2012-7224 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Post-award Reporting Requirements Including New Research Performance Progress Report; Amendment, 17488 2012-7238 Meetings: Center for Scientific Review, 17489 2012-7251 National Institute of General Medical Sciences, 17489 2012-7250 National Library of Medicine, 17488-17491 2012-7239 2012-7240 2012-7242 2012-7244 2012-7248 2012-7249 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Observer Programs' Information That Can Be Gathered Only Through Questions, 17458 2012-7211 Applications: Marine Mammals; File No. 17159, 17458-17459 2012-7252 Meetings: New England Fishery Management Council, 17459-17460 2012-7164 Pacific Fishery Management Council, 17459 2012-7165 National Telecommunications National Telecommunications and Information Administration NOTICES Multistakeholder Process to Develop Consumer Data Privacy Codes of Conduct, 17460 2012-7119 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Charter Renewals:
Advisory Committee on the Medical Uses of Isotopes, 17529-17530 2012-7184 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Hazard Communication, 17574-17896 2012-4826 Office of Management and Budget See Management and Budget Office Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, etc., 17394-17401 2012-7169 NOTICES Draft Work Plans;
Availability: U.S.-Canada Regulatory Cooperation Council - Transportation, Dangerous Goods Working Group, 17569-17570 2012-7193 Postal Service Postal Service RULES Bylaws of the Board of Governors, 17333-17334 2012-7098 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Women's History Month (Proc. 8780) Republication with Correction, 17321-17322 2012-7295 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 17530 2012-7135 Exemptions: Edward Jones & Co. LLP, 17530-17531 2012-7176 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 17534-17536 2012-7205 ICE Clear Credit LLC, 17536-17537 2012-7206 ICE Clear Europe Limited, 17533-17534, 17537-17539 2012-7203 2012-7204 International Securities Exchange, LLC, 17531-17532 2012-7202 Municipal Securities Rulemaking Board, 17548-17560 2012-7132 2012-7133 NYSE Arca, Inc., 17539-17548 2012-7134 Small Business Small Business Administration NOTICES Disaster Declarations:
Missouri, 17560 2012-7112 Major Disaster Declarations: Kentucky, 17560 2012-7109 Tennessee, 17560-17561 2012-7108 Texas; Amendment 5, 17562 2012-7110 West Virginia, 17561-17562 2012-7111 2012-7116 Meetings: Advisory Committee on Veterans Business Affairs, 17562 2012-6978 State Department State Department NOTICES Meetings: CAFTA-DR Environmental Affairs Council, 17562-17563 2012-7254 State Justice State Justice Institute NOTICES Meetings: Board of Directors, 17563 2012-7179 Statistical Reporting Service See National Agricultural Statistics Service Susquehanna Susquehanna River Basin Commission NOTICES Low Flow Protection Policy, 17563-17564 2012-7101 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service RULES Interest on Untimely Paid Vessel Repair Duties, 17331-17332 2012-7229 PROPOSED RULES Inadmissibility of Products and Equipment Noncompliant with Applicable Energy Conservation or Labeling Standards, 17364-17367 2012-7105 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals; Correction, 17570 2012-7082 Customs U.S. Customs and Border Protection RULES Interest on Untimely Paid Vessel Repair Duties, 17331-17332 2012-7229 PROPOSED RULES Inadmissibility of Products and Equipment Noncompliant with Applicable Energy Conservation or Labeling Standards, 17364-17367 2012-7105 Permissible Sharing of Client Records by Customs Brokers; Withdrawal, 17367 2012-7223 NOTICES Expansion of Global Entry to Additional Airports, 17492-17493 2012-7227 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 17574-17896 2012-4826 Part III Environmental Protection Agency, 17898-18050 2012-5760 Part IV Environmental Protection Agency, 18052-18098 2012-6908 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. 77 58 Monday, March 26, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA-2011-1387; Special Conditions No. 23-256-SC] Special Conditions: XtremeAir GmbH, XA42;
Acrobatic Category Aerodynamic Stability AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are issued for the XtremeAir GmbH XA42 airplane. The XA42 airplane has a novel or unusual design feature associated with its static stability. This airplane can perform at the highest level of aerobatic competition. To be competitive, the aircraft was designed with positive and, at some points, neutral stability within its flight envelope.
Its lateral and directional axes are also decoupled from each other providing more precise maneuvering. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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. These special conditions are only applicable to aircraft certified solely in the acrobatic category.
DATES: *Effective Date:* April 25, 2012. FOR FURTHER INFORMATION CONTACT: Mr. Ross Schaller, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone
(816)329-4162; facsimile
(816)329-4090. SUPPLEMENTARY INFORMATION: Background On May 3, 2011, XtremeAir GmbH applied for a type certificate for their new model XA42. The XA42 is certified under EASA authority as a dual category (acrobatic/utility) airplane. It has a two-place tandem canopy cockpit and a single-engine. It also features a conventional landing gear, conventional low-wing planform and is of composite construction. The engine is a Lycoming AEIO-580-B1A with a rated power of 315 Hp at 2,700 rpm. The airplane is proposed to be approved for Day-VFR operations with no icing approval. The maximum takeoff weight is 2,200 pounds in utility category, 1,874 pounds in acrobatic category. V <sup>NE</sup> is 225 knots, V <sup>NO</sup> is 185 knots and V <sup>A</sup> is 174 knots, indicated airspeed. Maximum altitude is 15,000 feet. Acrobatic airplanes previously type certificated by the FAA did comply with the stability provisions of Subpart B of 14 CFR part 23. However, airplanes like the XA42 are considered as “unlimited” acrobatic aircraft because they can perform at the highest level of aerobatic competition and can perform any of the maneuvers listed in the Aresti Catalog. Generally, the evolution of the “unlimited” types of acrobatic airplanes, with very low mass, exceptional roll rates and very high G capabilities, in addition to power to mass ratios that are unique to this type of airplane, have led to airplanes that cannot comply with the stability provisions of the regulations. These airplanes can still be type-certificated, but in the acrobatic category only and with an appropriate set of special conditions and associated limitations. The FAA will only consider certifying the XA42 in the acrobatic category. XtremeAir GmbH will not be able to offer a utility category operating envelope to accommodate the increased fuel load designed for cross-country operations. The FAA does recognize that fuel exhaustion is one of the top accident causes associated with this class of aircraft. For this reason, the FAA allows XtremeAir to seek certification of a limited acrobatic envelope at a higher weight that will still meet the minimum load requirements of +6/-3 g associated with 14 CFR, part 23, § 23.337. The XA42 airplane would be approved for unlimited maneuvers at or below its designed unlimited acrobatic weight. The airplane would also be approved at some higher weight (for fuel) that would still meet the requirements of § 23.337 for acrobatic category and may have restrictions on the maneuvers allowed. Type Certification Basis Under the provisions of 14 CFR, part 21, § 21.17, XtremeAir GmbH must show that the XA42 meets the applicable provisions of part 23, as amended by Amendments 23-1 through 23-59 thereto. Part 36 of Title 14 of the Code of Federal Regulations, effective December 1, 1969, as amended by Amendments 36-1 through 36-28. Not approved for ditching; compliance with provisions for ditching equipment in accordance with 14 CFR 23.1415(a)(b) has not been demonstrated. Approved for VFR-day only. Flight in known icing prohibited. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 23) do not contain adequate or appropriate safety standards for the XA42 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 XA42 must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36 and the FAA must issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92-574, the “Noise Control Act of 1972.” 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 § 21.17(a)(2). 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 feature, the special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features The XtremeAir GmbH XA42 will incorporate the following novel or unusual design features: For acrobatic category airplanes with unlimited acrobatic capability: Neutral longitudinal and lateral static stability characteristics. Discussion The Code of Federal Regulations states static stability criteria for longitudinal, lateral, and directional axes of an airplane. However, none of these criteria are adequate to address the specific issues raised in the flight characteristics of an unlimited aerobatic airplane. Therefore, the FAA has determined after a flight test evaluation that, in addition to the requirements of part 21 and part 23, special conditions are needed to address these static stability characteristics. Accordingly, these special conditions are for the XtremeAir GmbH XA42 static stability characteristics to be certified solely as an acrobatic category airplane. Other conditions may be developed, as needed, based on further FAA review and discussions with the manufacturer and civil aviation authorities. Discussion of Comments A notice of proposed special conditions No. 23-11-02-SC for the XtremeAir GmbH XA42 airplanes was published in the **Federal Register** on December 27, 2011 (76 FR 80829). One comment was received; however, it appeared to be made in error. It discussed new hire training through approved 142 training centers, which is not relevant to the acrobatic category aerodynamic stability special conditions being imposed on XtremeAir GmbH's XA42 airplane. For this reason, no further action will be taken and the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the XA42. Should XtremeAir GmbH apply at a later date for a change to the type certificate to include another model on the same type certificate 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 of airplane. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.17; and 14 CFR 11.38 and 11.19. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for XtremeAir GmbH XA42 airplanes. 1. Unlimited Acrobatic-Only Category Static Stability Requirements For unlimited, acrobatic-only category aircraft, XtremeAir GmbH XA42 will comply with the following stability special conditions in lieu of the existing §§ 23.171, 23.173, 23.175, and 23.177:
(A)In place of 14 CFR part 23, § 23.171 Flight—General (stability) requirement, comply with the following: *SC23.171 Flight—General:* The airplane must be neutrally or positively stable in the longitudinal, directional, and lateral axes under sections SC23.173 through SC23.181. In addition, the airplane must show suitable stability and control “feel” (static stability) in any condition normally encountered in service, if flight tests show it is necessary for safe operation.
(B)In place of 14 CFR part 23, § 23.173, Static longitudinal stability requirement, comply with the following: *SC23.173 Static longitudinal stability:* Under the conditions specified in SC23.175 and with the airplane trimmed as indicated, the characteristics of the elevator control forces and the friction within the control system must be as follows:
(a)A pull must be required to obtain and maintain speeds below the specified trim speed and a push required to obtain and maintain speeds above the specified trim speed. This must be shown at any speed that can be obtained, except that speeds requiring a control force in excess of 40 pounds or speeds above the maximum allowable speed or below the minimum speed for steady unstalled flight need not be considered.
(b)The stick force or position must vary with speed so that any substantial speed change results in a stick force or position clearly perceptible to the pilot.
(C)In place of 14 CFR part 23, § 23.175, Demonstration of static longitudinal stability requirement, comply with the following: *SC23.175 Demonstration of static longitudinal stability:*
(a)Climb. The stick force curve must have, at a minimum, a neutrally stable to stable slope at speeds between 85 and 115 percent of the trim speed, with—
(1)Maximum continuous power; and
(2)The airplane trimmed at the speed used in determining the climb performance required by section 23.69(a).
(b)Cruise. With the airplane in trim with power for level flight at representative cruising speeds at high and low altitudes, including speeds up to V <sup>NO</sup> , except that the speed need not exceed V <sup>H</sup> —
(1)The stick force curve must, at a minimum, have a neutrally stable to stable slope at all speeds within a range that is the greater of 15 percent of the trim speed plus the resulting free return speed range, or 40 knots plus the resulting free return speed range, above and below the trim speed, except that the slope need not be stable—
(i)At speeds less than 1.3 V <sup>S1</sup> ; or
(ii)For airplanes with V <sup>NE</sup> established under section 23.1505(a), at speeds greater than V <sup>NE</sup> .
(c)Landing. The stick force curve must, at a minimum, have a neutrally stable to stable slope at speeds between 1.1 V <sup>S1</sup> and 1.8 V <sup>S1</sup> with—
(1)Landing gear extended; and
(2)The airplane trimmed at—
(i)V <sup>REF</sup> , or the minimum trim speed if higher, with power off; and
(ii)V <sup>REF</sup> with enough power to maintain a 3 degree angle of descent.
(D)In place of 14 CFR part 23, § 23.177, Static directional and lateral stability requirement, comply with the following: *SC23.177 Static directional and lateral stability:*
(a)The static directional stability, as shown by the tendency to recover from a wings level sideslip with the rudder free, must be positive for any landing gear and flap position appropriate to the takeoff, climb, cruise, approach, and landing configurations. This must be shown with symmetrical power up to maximum continuous power, and at speeds from 1.2 V <sup>S1</sup> up to the maximum allowable speed for the condition being investigated. The angle of sideslip for these tests must be appropriate to the type of airplane. At larger angles of sideslip, up to that at which full rudder is used or a control force limit in section 23.143 is reached, whichever occurs first, and at speeds from 1.2 V <sup>S1</sup> to V <sup>O</sup> , the rudder pedal force must not reverse.
(b)In straight, steady slips at 1.2 V <sup>S1</sup> for any landing gear and flap positions, and for any symmetrical power conditions up to 50 percent of maximum continuous power, the rudder control movements and forces must increase steadily, but not necessarily in constant proportion, as the angle of sideslip is increased up to the maximum appropriate to the type of airplane. The aileron control movements and forces may increase steadily, but not necessarily in constant proportion, as the angle of sideslip is increased up to the maximum appropriate to the type of airplane. At larger slip angles, up to the angle at which the full rudder or aileron control is used or a control force limit contained in section 23.143 is reached, the aileron and rudder control movements and forces must not reverse as the angle of sideslip is increased. Rapid entry into, and recovery from, a maximum sideslip considered appropriate for the airplane must not result in uncontrollable flight characteristics. Issued in Kansas City, Missouri, on March 1, 2012. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-6837 Filed 3-23-12; 8:45 am]
Connectionstraces to 3
5 references not yet in our index
  • 14 CFR 23
  • 14 CFR 23.1415(a)(b)
  • 14 CFR 34
  • 14 CFR 36
  • Pub. L. 92-574
Citation graph
cites case law
Unknown
Final special conditions
Cite14 CFR 23
Cite14 CFR 23.1415(a)(b)
Cite14 CFR 34
Cite14 CFR 36
Pub. L.Pub. L. 92-574
Cites 8Cited by 0 across 0 sources
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