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62105

Rules and Regulations Federal Register


Vol. 72, No. 212

Friday, November 2, 2007

This section of the FEDERAL REGISTER Comments can be viewed in the Office Authority: 7 U.S.C. 1637–1637b, as
contains regulatory documents having general of the Chief Economist during regular amended by Pub. L. 106–532, 114 Stat. 2541
applicability and legal effect, most of which business hours, or at: http:// and Pub. L. 107–171, 116 Stat. 207.
are keyed to and codified in the Code of www.regulations.gov. Dated: October 26, 2007.
Federal Regulations, which is published under
FOR FURTHER INFORMATION CONTACT: John Kenneth C. Clayton,
50 titles pursuant to 44 U.S.C. 1510.
R. Mengel, Chief Economist, USDA/ Acting Administrator, Agricultural Marketing
The Code of Federal Regulations is sold by AMS/Dairy Programs, Office of the Service.
the Superintendent of Documents. Prices of Chief Economist, STOP 0229-Room [FR Doc. E7–21559 Filed 11–1–07; 8:45 am]
new books are listed in the first FEDERAL
REGISTER issue of each week.
2753, 1400 Independence Ave., SW., BILLING CODE 3410–02–P
Washington, DC 20250–0229, (202) 720–
7091.
DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: This DEPARTMENT OF TRANSPORTATION
program is a statutory requirement Federal Aviation Administration
Agricultural Marketing Service pursuant to the Agricultural Marketing
Act of 1946 [7 U.S.C. 1621 et seq.], 14 CFR Part 23
7 CFR Part 1170 hereinafter referred to as the ‘‘Act’’.
The Act provides for and accordingly, [Docket No. 274, Special Condition 23–214–
RIN 0581–AC66
the interim final rule published in the SC]
[Docket No. AMS–07–0047; DA–06–07] Federal Register on July 3, 2007 (72 FR
Special Conditions; Cessna Aircraft
Dairy Product Mandatory Reporting 36341), established a Dairy Product
Company Model 208B, Garmin G1000;
Mandatory Reporting program that: (1)
Protection of Systems for High
AGENCY: Agricultural Marketing Service, Requires persons engaged in
Intensity Radiated Fields (HIRF)
USDA. manufacturing dairy products to
ACTION: Interim final rule; reopening of provide to the Department of AGENCY: Federal Aviation
comment period. Agriculture (Department) certain Administration (FAA), DOT.
information including the price, ACTION: Final special conditions; request
SUMMARY: The Agricultural Marketing quantity, and moisture content, where for comments.
Service (AMS) is reopening the applicable, of dairy products sold by the
comment period for 30 days for the manufacturer; and (2) Requires SUMMARY: These special conditions are
interim final rule for the Dairy Product manufacturers and other persons storing issued to Cessna Aircraft Company, for
Mandatory Reporting program that was dairy products to report to the an amended type certificate for the
published in the Federal Register on Department information on the quantity Model 208B airplane. This airplane will
July 3, 2007. This reopening of the of dairy products stored. have novel and unusual design features
comment period will provide interested This reopening of the comment period when compared to the state of
parties with an additional opportunity will provide interested parties with an technology envisaged in the applicable
to submit comments on all aspects of additional opportunity to submit airworthiness standards. These novel
the program, including but not limited comments on all aspects of the program, and unusual design features include the
to the product specifications and including but not limited to the product installation of electronic flight
whether there should be a minimum specifications and whether there should instrument system (EFIS) displays
transaction volume for reported be a minimum transaction volume for model G1000 manufactured by Garmin
transactions. AMS will review and reported transactions. Specifically, AMS for which the applicable regulations do
consider the submitted comments as it also solicits comments on whether not contain adequate or appropriate
promulgates a final rule. Kosher dairy products and products airworthiness standards for the
DATES: The comment period for the produced from milk from cows not protection of these systems from the
interim final rule published at 72 FR treated with recombinant bovine effects of high intensity radiated fields
36341, July 3, 2007, is reopened. somatotropin (rbST) should be included (HIRF). These special conditions
Comments must be submitted on or in the Dairy Product Prices report, contain the additional safety standards
before December 3, 2007. whether these products command a that the Administrator considers
ADDRESSES: Comments (four copies) premium in the marketplace, and necessary to establish a level of safety
should be submitted to John R. Mengel, whether there are increased production equivalent to the airworthiness
Chief Economist, USDA/AMS/Dairy costs associated with manufacturing standards applicable to these airplanes.
Programs, Office of the Chief Economist, these products. During the initial DATES: The effective date of these
STOP 0229–Room 2753, 1400 comment period, some commenters may special conditions is October 26, 2007.
Independence Ave., SW., Washington, have limited their comments to the Comments must be received on or
DC 20250–0229 or faxed to (202) 690– issue of forward contracting and to the before December 3, 2007.
0552. Comments may also be submitted verification aspect of the program. ADDRESSES: Comments may be mailed
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at the Federal eRulemaking portal: AMS seeks comments on all aspects in duplicate to: Federal Aviation
http://www.regulations.gov. All of the program, including those specific Administration, Regional Counsel,
comments should reference the docket issues outlined above, and will consider ACE–7, Attention: Rules Docket Clerk,
number and the date and page number all comments received in promulgating Docket No. CE274, Room 506, 901
of this issue of the Federal Register. a final rule. Locust, Kansas City, Missouri 64106. All

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62106 Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations

comments must be marked: Docket No. consisting of an EFIS that is vulnerable which the airworthiness standards do
CE274. Comments may be inspected in to HIRF external to the airplane. not contain adequate or appropriate
the Rules Docket weekdays, except safety standards for protection from the
Type Certification Basis
Federal holidays, between 7:30 a.m. and effects of HIRF. These features include
4 p.m. Under the provisions of 14 CFR part EFIS, which are susceptible to the HIRF
FOR FURTHER INFORMATION CONTACT: Jim
21, § 21.101, Cessna Aircraft Company environment, that were not envisaged
Brady, Aerospace Engineer, Standards must show that the project aircraft by the existing regulations for this type
Office (ACE–111), Small Airplane meets the following provisions, or the of airplane.
Directorate, Aircraft Certification applicable regulations in effect on the Protection of Systems from High
Service, Federal Aviation date of application for the change to the Intensity Radiated Fields (HIRF): Recent
Administration, 901 Locust, Room 301, project: advances in technology have given rise
14 CFR part 23 of the Federal to the application in aircraft designs of
Kansas City, Missouri 64106; telephone
Aviation Regulations, effective February advanced electrical and electronic
(816) 329–4132.
1, 1965, as amended by Amendments systems that perform functions required
SUPPLEMENTARY INFORMATION: The FAA 23–1 through 23–28; 14 CFR part 36, for continued safe flight and landing.
has determined that notice and effective December 1, 1969, as amended Due to the use of sensitive solid state
opportunity for prior public comment by Amendments 36–1 through 36–18; advanced components in analog and
hereon are impracticable because these SFAR 27 effective February 1, 1974, as digital electronics circuits, these
procedures would significantly delay amended by Amendments 27–1 through advanced systems are readily responsive
issuance of the approval design and 27–4. Special Conditions as follows; 23– to the transient effects of induced
thus delivery of the affected aircraft. In ACE–3: Dynamic Evaluation, Engine electrical current and voltage caused by
addition, the substance of these special Installation; Equivalent Level of Safety the HIRF. The HIRF can degrade
conditions has been subject to the as follows: 14 CFR part 23, electronic systems performance by
public comment process in several prior § 23.955(f)(2), Fuel System. Compliance damaging components or upsetting
instances with no substantive comments with ice protection has been system functions.
received. The FAA, therefore, finds that demonstrated in accordance with Furthermore, the HIRF environment
good cause exists for making these § 23.1419 when ice protection has undergone a transformation that was
special conditions effective upon equipment is installed in accordance not foreseen when the current
issuance. with the airplane equipment list and is requirements were developed. Higher
Comments Invited operated per the Pilot’s Operating energy levels are radiated from
Handbook and FAA Approved Airplane transmitters that are used for radar,
Interested persons are invited to Flight Manual; as applicable, and radio, and television. Also, the number
submit such written data, views, or § 23.1301 of Amendment 23–20; of transmitters has increased
arguments as they may desire. §§ 23.1309, 23.1311, and 23.1321 of significantly. There is also uncertainty
Communications should identify the Amendment 23–49; and § 23.1322 of concerning the effectiveness of airframe
regulatory docket or notice number and Amendment 23–43; exemptions, if any; shielding for HIRF. Furthermore,
be submitted in duplicate to the address and the special conditions adopted by coupling to cockpit-installed equipment
specified above. All communications this rulemaking action. through the cockpit window apertures is
received on or before the closing date undefined.
for comments will be considered by the Discussion The combined effect of the
Administrator. The special conditions If the Administrator finds that the technological advances in airplane
may be changed in light of the applicable airworthiness standards do design and the changing environment
comments received. All comments not contain adequate or appropriate has resulted in an increased level of
received will be available in the Rules safety standards for the Model 208B vulnerability of electrical and electronic
Docket for examination by interested because of novel or unusual design systems required for the continued safe
persons, both before and after the features of an airplane, special flight and landing of the airplane.
closing date for comments. A report conditions are prescribed under the Effective measures against the effects of
summarizing each substantive public provisions of § 21.16. exposure to HIRF must be provided by
contact with FAA personnel concerning Special conditions, as appropriate, as the design and installation of these
this rulemaking will be filed in the defined in § 11.19, are issued in systems. The accepted maximum energy
docket. Commenters wishing the FAA to accordance with § 11.38 after public levels in which civilian airplane system
acknowledge receipt of their comments notice and become part of the type installations must be capable of
submitted in response to this notice certification basis in accordance with operating safely are based on surveys
must include a self-addressed, stamped § 21.101(b)(2). and analysis of existing radio frequency
postcard on which the following Special conditions are initially emitters. These special conditions
statement is made: ‘‘Comments to applicable to the model for which they require that the airplane be evaluated
Docket No. 274.’’ The postcard will be are issued. Should the applicant apply under these energy levels for the
date stamped and returned to the for a supplemental type certificate to protection of the electronic system and
commenter. modify any other model already its associated wiring harness. These
included on the same type certificate to external threat levels, which are lower
Background
incorporate the same novel or unusual than previous required values, are
On January 29, 2007, Cessna Aircraft design feature, the special conditions believed to represent the worst case to
Company, applied to the FAA for a new would also apply to the other model which an airplane would be exposed in
Amended Type Certificate for the under the provisions of § 21.101. the operating environment.
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project airplane. The Model 208B is These special conditions require


currently approved under TC No. Novel or Unusual Design Features qualification of systems that perform
A37CE. The proposed modification Cessna Aircraft Company plans to critical functions, as installed in aircraft,
incorporates a novel or unusual design incorporate certain novel and unusual to the defined HIRF environment in
feature, such as digital avionics design features into an airplane for paragraph 1 or, as an option to a fixed

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Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / Rules and Regulations 62107

value using laboratory tests, in Service experience alone is not Administrator, the following special
paragraph 2, as follows: acceptable since normal flight conditions are issued as part of the type
(1) The applicant may demonstrate operations may not include an exposure certification basis for the Model 208B,
that the operation and operational to the HIRF environment. Reliance on a Garmin G1000 project airplane modified
capability of the installed electrical and system with similar design features for by Cessna Aircraft Company to add an
electronic systems that perform critical redundancy as a means of protection EFIS.
functions are not adversely affected against the effects of external HIRF is 1. Protection of Electrical and
when the aircraft is exposed to the HIRF generally insufficient since all elements Electronic Systems from High Intensity
environment defined below: of a redundant system are likely to be Radiated Fields (HIRF). Each system
exposed to the fields concurrently. that performs critical functions must be
Field strength designed and installed to ensure that the
(volts per meter) Applicability
Frequency operations, and operational capabilities
Peak Average
As discussed above, these special of these systems to perform critical
conditions are applicable to the Model functions, are not adversely affected
10 kHz–100 kHz ....... 50 50 208B, Garmin G1000 project. Should when the airplane is exposed to high
100 kHz–500 kHz ..... 50 50 Cessna Aircraft Company apply at a intensity radiated electromagnetic fields
500 kHz–2 MHz ........ 50 50 later date for an amended or external to the airplane.
2 MHz–30 MHz ......... 100 100 supplemental type certificate to modify 2. For the purpose of these special
30 MHz–70 MHz ....... 50 50 any other model on the same type conditions, the following definition
70 MHz–100 MHz ..... 50 50 certificate to incorporate the same novel applies: Critical Functions: Functions
100 MHz–200 MHz ... 100 100
or unusual design feature, the special whose failure would contribute to, or
200 MHz–400 MHz ... 100 100
400 MHz–700 MHz ... 700 50 conditions would apply to that model as cause, a failure condition that would
700 MHz–1 GHz ....... 700 100 well under the provisions of § 21.101. prevent the continued safe flight and
1 GHz–2 GHz ........... 2000 200 Conclusion landing of the airplane.
2 GHz–4 GHz ........... 3000 200 Issued in Kansas City, Missouri on October
4 GHz–6 GHz ........... 3000 200 This action affects only certain novel
26, 2007.
6 GHz–8 GHz ........... 1000 200 or unusual design features on one model
Kim Smith,
8 GHz–12 GHz ......... 3000 300 of airplane. It is not a rule of general
12 GHz–18 GHz ....... 2000 200 applicability and affects only the Manager, Small Airplane Directorate, Aircraft
18 GHz–40 GHz ....... 600 200 Certification Service.
applicant who applied to the FAA for
approval of these features on the [FR Doc. E7–21599 Filed 11–1–07; 8:45 am]
The field strengths are expressed in terms
of peak root-mean-square (rms) values. airplane. BILLING CODE 4910–13–P
The substance of these special
or,
conditions has been subjected to the
(2) The applicant may demonstrate by notice and comment period in several DEPARTMENT OF TRANSPORTATION
a system test and analysis that the prior instances and has been derived
electrical and electronic systems that Federal Aviation Administration
without substantive change from those
perform critical functions can withstand previously issued. It is unlikely that
a minimum threat of 100 volts per meter 14 CFR Part 71
prior public comment would result in a
(RMS), electrical field strength, from 10 significant change from the substance [Docket No. FAA–2007–28635; Airspace
kHz to 18 GHz. When using this test to contained herein. For this reason, and Docket No. 07–ACE–7]
show compliance with the HIRF because a delay would significantly
requirements, no credit is given for affect the certification of the airplane, Establishment of Class D Airspace;
signal attenuation due to installation. which is imminent, the FAA has Independence, KS
A preliminary hazard analysis must determined that prior public notice and
be performed by the applicant, for AGENCY: Federal Aviation
comment are unnecessary and Administration (FAA), DOT.
approval by the FAA, to identify either impracticable, and good cause exists for
electrical or electronic systems that ACTION: Final rule.
adopting these special conditions upon
perform critical functions. The term issuance. The FAA is requesting SUMMARY: This notice amends part 71 of
‘‘critical’’ means those functions whose comments to allow interested persons to the Federal Aviation Regulations (14
failure would contribute to, or cause, a submit views that may not have been CFR part 71) by establishing a Class D
failure condition that would prevent the submitted in response to the prior airspace area extending upward from
continued safe flight and landing of the opportunities for comment described the surface to and including 3,300 feet
airplane. The systems identified by the above. above sea level within a 4.6-mile radius
hazard analysis that perform critical
List of Subjects in 14 CFR Part 23 of Independence Municipal Airport, KS.
functions are candidates for the
The establishment of an air traffic
application of HIRF requirements. A Aircraft, Aviation safety, Signs and control tower has made this action
system may perform both critical and symbols. necessary.
non-critical functions. Primary
electronic flight display systems, and Citation DATES: Effective Date: 0901 UTC,
their associated components, perform The authority citation for these December 20, 2007. The Director of the
critical functions such as attitude, special conditions is as follows: Federal Register approves this
altitude, and airspeed indication. The incorporation by reference action under
Authority: 49 U.S.C. 106(g), 40113 and
HIRF requirements apply only to critical 44701; 14 CFR 21.16 and 21.101; and 14 CFR
title 1, Code of Federal Regulations, part
51, subject to the annual revision of
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functions. 11.38 and 11.19.


Compliance with HIRF requirements FAA Order 7400.9 and publication of
may be demonstrated by tests, analysis, The Special Conditions conforming amendments.
models, similarity with existing Accordingly, pursuant to the FOR FURTHER INFORMATION CONTACT:
systems, or any combination of these. authority delegated to me by the Grant Nichols, System Support, DOT

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