Unknown. Final special conditions; request for comments

5,704 words·~26 min read·/register/2012/09/13/2012-22468·

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-2012-09-13.xml --- 77 178 Thursday, September 13, 2012 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 56632-56633 2012-22553 2012-22580 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Establishment of Inwood Valley Viticultural Area, 56541-56544 2012-22595 Establishment of Middleburg Virginia Viticultural Area, 56544-56549 2012-22596 Revision to Vintage Date Requirements, 56539-56541 2012-22598 Antitrust Division Antitrust Division NOTICES Proposed Final Judgements:

United States v. Humana Inc. and Arcadian Management Services, Inc., 56674-56676 2012-22389 Antitrust See Antitrust Division Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Meetings: Americans With Disabilities Act

(ADA)Accessibility Guidelines for Transportation Vehicles, 56590-56591 2012-22554 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Privacy Act; Systems of Records, 56623-56624 2012-22500 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ORR Requirements for Refugee Cash Assistance; and Refugee Medical Assistance, 56646 2012-22563 Coast Guard Coast Guard RULES Safety Zones: Blue Angels at Kaneohe Bay Air Show, Oahu, Hawaii, 56549-56552 2012-22600 PROPOSED RULES Safety Zones: Atlantic Intracoastal Waterway; Oak Island, NC, 56587-56590 2012-22597 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56610-56611 2012-22501 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 56624-56625 2012-22696 Defense Department Defense Department See Air Force Department See Navy Department RULES Federal Acquisition Regulation: Bid Protest and Appeal Authorities, 56742-56743 2012-22584 Delete Outdated FAR Reference to the DoD Industrial Preparedness Program, 56740-56741 2012-22577 Federal Acquisition Circular 2005-61; Introduction, 56738 2012-22572 Federal Acquisition Circular 2005-61; Small Entity Compliance Guide, 56744 2012-22589 NAICS and Size Standards, 56741-56742 2012-22578 Technical Amendments, 56743-56744 2012-22588 United States Korea Free Trade Agreement, 56739-56740 2012-22574 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Subcontract Consent, 56644-56645 2012-22560 Federal Acquisition Regulation; Information Collection: Accident Prevention Plans and Recordkeeping, 56645-56646 2012-22558 Privacy Act; Systems of Records, 56625-56631 2012-22549 2012-22550 2012-22551 2012-22579 2012-22581 2012-22582 2012-22583 TRICARE: Fiscal Year 2013 Continued Health Care Benefit Program Premium Update, 56631-56632 2012-22541 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Mandatory Collection of Elementary and Secondary Education Data Through EDFacts, 56634-56635 2012-22508 List of Correspondence from January 1, 2012, through March 31, 2012, 56635 2012-22618 Meetings: Historically Black College and University Capital Financing Advisory Board, 56635-56636 2012-22603 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Missouri; Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating, 56555-56558 2012-22471 Hazardous Waste Management System: Identification and Listing of Hazardous Waste, 56558-56563 2012-22571 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Missouri; Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating, 56591-56592 2012-22470 NOTICES Certain New Chemicals: Receipt and Status Information, 56639-56642 2012-22566 Executive Office of the President See Presidential Documents See Science and Technology Policy Office Farm Credit Farm Credit Administration PROPOSED RULES Unincorporated Business Entities, 56571-56581 2012-22382 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Various Restricted Category Helicopters, 56528-56533 2012-22564 Special Conditions: Bombardier, Model CL 600 2B16 Airplane (CL 601 3A, CL 601 3R, and CL-604 variants); Enhanced Flight Vision System, 56525-56528 2012-22468 PROPOSED RULES Airworthiness Directives: Sikorsky Aircraft Corporation Helicopters, 56581-56585 2012-22525 Turbomeca S.A. Turboshaft Engines, 56585-56586 2012-22530 Amendments of Class E Airspace: Gaylord, MI, 56586-56587 2012-22599 NOTICES Meetings: Air Traffic Procedures Advisory Committee, 56698 2012-22575 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsiderations: Action in Rulemaking Proceeding; Correction, 56605 2012-22562 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56642-56643 2012-22556 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 56643 2012-22720 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Citizen Corps Council Registration, 56663-56664 2012-22505 Changes in Flood Hazard Determinations, 56664-56669 2012-22503 Proposed Flood Hazard Determinations, 56669-56670 2012-22504 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56636-56637 2012-22514 Authorization For Continued Project Operation: FirstLight Hydro Generating Company, 56637-56638 2012-22513 Combined Filings, 56638-56639 2012-22546 Petitions for Declaratory Orders: Bonneville Power Administration, 56639 2012-22515 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 56643 2012-22498 Ocean Transportation Intermediary License Revocations, 56643-56644 2012-22499 Food and Drug Food and Drug Administration NOTICES Debarment Orders: Lisa Jean Sharp, 56647-56649 2012-22604 Wayne E. Spencer, 56646-56647 2012-22606 Fee for Using a Priority Review Voucher in Fiscal Year 2013, 56649-56650 2012-22587 Workshops: Food and Drug Administration/American Glaucoma Society Workshop on Validity, Reliability, and Usability of Glaucoma Imaging Devices, 56650-56652 2012-22518 Food and Nutrition Food and Nutrition Service PROPOSED RULES Independent Review of Applications Required by the Healthy, Hunger-Free Kids Act of 2010, 56565-56571 2012-22261 Foreign Trade Foreign-Trade Zones Board NOTICES Authorizations of Production Activity: Foreign-Trade Zone 216, Callisons, Inc., Olympia, WA, 56611 2012-22601 Forest Forest Service NOTICES Meetings: Glenn/Colusa County Resource Advisory Committee, 56606 2012-22417 Lincoln County Resource Advisory Committee, 56607 2012-22535 Mendocino Resource Advisory Committee, 56607 2012-22419 Shoshone Resource Advisory Committee, 56607-56608 2012-22531 Tehama County Resource Advisory Committee, 56606-56607 2012-22418 General Services General Services Administration RULES Federal Acquisition Regulation: Bid Protest and Appeal Authorities, 56742-56743 2012-22584 Delete Outdated FAR Reference to the DoD Industrial Preparedness Program, 56740-56741 2012-22577 Federal Acquisition Circular 2005-61; Introduction, 56738 2012-22572 Federal Acquisition Circular 2005-61; Small Entity Compliance Guide, 56744 2012-22589 NAICS and Size Standards, 56741-56742 2012-22578 Technical Amendments, 56743-56744 2012-22588 United States Korea Free Trade Agreement, 56739-56740 2012-22574 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Subcontract Consent, 56644-56645 2012-22560 Federal Acquisition Regulation; Information Collection: Accident Prevention Plans and Recordkeeping, 56645-56646 2012-22558 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Designation for the Pocatello, ID; Evansville, IN; and Salt Lake City, UT Areas, 56608 2012-22609 Opportunities for Designations: Champaign-Danville, IL; Emmett, MI; Davenport, IA; Enid, OK; Keokuk, IA; Marshall, MI; and Omaha, NE Areas, 56608-56610 2012-22610 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health RULES Specifications for Medical Examinations of Underground Coal Miners, 56718-56735 2012-22253 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings: Homeland Security Science and Technology Advisory Committee, 56662-56663 2012-22545 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; 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Introduction, 56738 2012-22572 Federal Acquisition Circular 2005-61; Small Entity Compliance Guide, 56744 2012-22589 NAICS and Size Standards, 56741-56742 2012-22578 Technical Amendments, 56743-56744 2012-22588 United States Korea Free Trade Agreement, 56739-56740 2012-22574 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Subcontract Consent, 56644-56645 2012-22560 Federal Acquisition Regulation; Information Collection: Accident Prevention Plans and Recordkeeping, 56645-56646 2012-22558 National Highway National Highway Traffic Safety Administration NOTICES Petitions: BMW of North America, LLC, Subsidiary of BMW AG; Decision of Inconsequential Noncompliance, 56700-56701 2012-22569 Mercedes-Benz USA, LLC, on behalf of Daimler AG; Decision of Inconsequential Noncompliance, 56698-56700 2012-22559 Morgan Olson, LLC; Decision of Inconsequential Noncompliance; Denial, 56701-56703 2012-22547 Public Hearings: Determine Whether ZAP has Met Notification and Remedy Requirements, 56703-56708 2012-22612 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 56658-56660 2012-22497 Meetings: Center for Scientific Review, 56661-56662 2012-22481 National Institute of Allergy and Infectious Diseases, 56660-56661 2012-22480 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 610 in Gulf of Alaska, 56564 2012-22592 Snapper-Grouper Fishery of the South Atlantic: Reopening of 2012 Commercial Sector for Yellowtail Snapper in South Atlantic, 56563 2012-22586 NOTICES Meetings: New England Fishery Management Council; Correction, 56612-56613 2012-22506 North Pacific Fishery Management Council, 56611-56612 2012-22502 Permits: Marine Mammals; File No. 16325, 56613 2012-22607 Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in Northwest Pacific Ocean, March through May, 2012, 56613-56622 2012-22602 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Indiana Dunes National Lakeshore, IN, 56671-56672 2012-22557 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Board, 56622-56623 2012-22605 Navy Navy Department NOTICES Privacy Act; 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Proposed Rule Changes: Financial Industry Regulatory Authority, Inc, 56694-56697 2012-22521 Financial Industry Regulatory Authority, Inc., 56686-56692 2012-22555 New York Stock Exchange LLC, 56693-56694 2012-22520 NYSE Arca, Inc., 56683-56685, 56692-56693 2012-22519 2012-22523 C1--2012--21386 NYSE MKT LLC; Correction, 56685 C1--2012--21385 Technology and Trading Roundtable, 56697 2012-22487 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Opera Nobile--Masterpieces from Ancient Italy, 56698 2012-22565 Steve McQueen, 56697-56698 2012-22567 The English Prize--The Capture of the Westmorland, an Episode of the Grand Tour, 56697 2012-22561 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56708-56709 2012-22543 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; 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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. 77 178 Thursday, September 13, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2012-0968; Special Conditions No. 25-467-SC] Special Conditions: Bombardier, Model CL-600-2B16 Airplane (CL-601-3A, CL-601-3R, and CL-604 Variants); 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 Bombardier Model CL-600-2B16 airplanes, including variants CL-601-3A, CL-601-3R and CL-604. This airplane, as modified by Atlantic Aero, Inc., will have a novel or unusual design feature associated with an advanced, enhanced flight vision system (EFVS). The EFVS 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 September 6, 2012. We must receive your comments by October 29, 2012. ADDRESSES: Send comments identified by docket number FAA-2012-0968 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: Dale Dunford, FAA, Transport Standards Staff, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2239; facsimile 425-227-1320; email: *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 will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive. Background On October 7, 2011, Atlantic Aero, Inc., applied for a supplemental type certificate

(STC)for the installation and operation of a HUD and an EFVS in the Bombardier Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants). The original type certificate for the CL-600-2B16 is A21EA, dated April 30, 1987, and is now at revision 31, dated May 25, 2011. The Model CL-600-2B16 is a 22-passenger, transport category airplane that operates with a crew of two. It is powered by two General Electric engines and has a maximum takeoff weight of 43,100 pounds for the CL-601-3A and 3R variants and 47,600 pounds for the CL-604 variant. The electronic infrared image displayed between the pilot and the forward windshield represents a novel or unusual design feature in the context of Title 14, Code of Federal Regulations (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's 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, as seen through the image, as safely and effectively as a pilot compartment view without an enhanced vision system

(EVS)image, and that it 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 EFVSs 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 (HUD), 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 display the sensor imagery, with or without other flight information, on a head-down display. For clarity, the FAA created the term “enhanced flight vision 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 allows 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 § 21.101, Atlantic Aero, Inc., must show that the Bombardier Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants), as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A21EA or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference are listed in Type Certificate Data Sheet No. A21EA, Revision 31, dated May 25, 2011, which covers all variants of the Bombardier CL-600-2B16 airplanes. In addition, the certification basis includes certain special conditions and exemptions that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Bombardier Model CL-600-2B16 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 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. In addition to the applicable airworthiness regulations and special conditions, the Model CL-600-2B16 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 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 § 21.101. Novel or Unusual Design Features The Bombardier Model CL-600-2B16 will incorporate the following novel or unusual design feature: An EFVS that 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 they can be seen 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 unaided eye are easily detected by many imaging infrared systems. On the other hand, contrasting colors in visual wavelengths may be distinguished by the unaided 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 flightcrew 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 § 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. 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, as seen through the image, as safely and effectively as the pilot would use a pilot compartment view without an EVS 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) • 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 the Bombardier Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants). Should Atlantic Aero, Inc., apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A21EA 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 one model series of airplanes. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. 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 Bombardier Model CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 variants) airplanes modified by Atlantic Aero, Inc. 1. Enhanced flight vision system

(EFVS)imagery on the head-up display

(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. If automatic control for image brightness is not provided, it must be shown that a single manual setting is satisfactory for the range of lighting conditions encountered during a time-critical, high-workload phase of flight (e.g., low visibility instrument approach). 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 crosswind 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 conformably 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 conformably (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. 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 that 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. 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 September 6, 2012. Ali Bahrami Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-22468 Filed 9-12-12; 8:45 am]

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