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Federal Register / Vol. 71, No.

137 / Tuesday, July 18, 2006 / Rules and Regulations 40651

certification of the airplane, which is c. A readily accessible control must be c. Enabling the pilot to use the EFVS
imminent, the FAA has determined that provided that permits the pilot to imagery to detect and identify the
prior public notice and comment are immediately deactivate and reactivate ‘‘visual references for the intended
unnecessary and impracticable, and display of the EFVS image on demand. runway,’’ required by § 91.175(l)(3), to
good cause exists for adopting these d. The EFVS image on the HUD must continue the approach with vertical
special conditions upon issuance. The not impair the pilot’s use of guidance guidance to 100 feet height above
FAA is requesting comments to allow information or degrade the presentation touchdown zone elevation.
interested persons to submit views that and pilot awareness of essential flight 5. Use of EFVS for instrument
may not have been submitted in information displayed on the HUD, such approach operations must be in
response to the prior opportunities for as alerts, airspeed, attitude, altitude and accordance with the provisions of
comment described above. direction, approach guidance, § 91.175(l) and (m). Appropriate
windshear guidance, TCAS resolution limitations must be stated in the
List of Subjects in 14 CFR Part 25
advisories, or unusual attitude recovery Operating Limitations section of the
Aircraft, Aviation safety, Reporting cues. airplane flight manual to prohibit the
and recordkeeping requirements. e. The EFVS image and the HUD use of the EFVS for functions that have
■ The authority citation for these symbols—which are spatially referenced not been found to be acceptable.
special conditions is as follows: to the pitch scale, outside view and Issued in Renton, Washington, on July 7,
image—must be scaled and aligned (i.e., 2006.
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704. conformal) to the external scene. In Ali Bahrami,
addition, the EFVS image and the HUD Manager, Transport Airplane Directorate,
The Special Conditions symbols—when considered singly or in Aircraft Certification Service.
■ Accordingly, pursuant to the authority combination—must not be misleading, [FR Doc. E6–11367 Filed 7–17–06; 8:45 am]
delegated to me by the Administrator, cause pilot confusion, or increase BILLING CODE 4910–13–P
the following special conditions are workload. There may be airplane
issued as part of the type certification attitudes or cross-wind conditions
basis for Dassault Aviation Model which cause certain symbols (e.g., the DEPARTMENT OF TRANSPORTATION
Falcon 900EX airplanes with zero-pitch line or flight path vector) to
modification M3083 installed (Falcon reach field of view limits, such that they Federal Aviation Administration
900EX EASy) and Model Falcon 2000EX cannot be positioned conformally with
airplanes with modification M1691 the image and external scene. In such 14 CFR Part 71
installed (Falcon Model 2000EX EASy). cases, these symbols may be displayed
[Docket No. FAA–2006–24243; Airspace
1. The EFVS imagery on the HUD but with an altered appearance which Docket No. 06–AWP–11]
must not degrade the safety of flight or makes the pilot aware that they are no
interfere with the effective use of longer displayed conformally (for Revocation of Class D Airspace; Elko,
outside visual references for required example, ‘‘ghosting’’). NV
pilot tasks during any phase of flight in f. A HUD system used to display
which it is to be used. EFVS images must, if previously AGENCY: Federal Aviation
2. To avoid unacceptable interference certified, continue to meet all of the Administration (FAA), DOT.
with the safe and effective use of the requirements of the original approval. ACTION: Direct final rule, request for
pilot compartment view, the EFVS 3. The safety and performance of the comments.
device must meet the following pilot tasks associated with the use of the
pilot compartment view must not be SUMMARY: This action revokes the Class
requirements:
a. The EFVS design must minimize degraded by the display of the EFVS D airspace area for Elko Municipal-J.C.
unacceptable display characteristics or image. These tasks include the Harris Field, Elko, NV. The FAA is
artifacts (e.g. noise, ‘‘burlap’’ overlay, following: taking this action due to the closure of
running water droplets) that obscure the a. Detection, accurate identification the Elko Municipal Airport Traffic
desired image of the scene, impair the and maneuvering, as necessary, to avoid Control Tower (ATCT).
pilot’s ability to detect and identify traffic, terrain, obstacles, and other DATES: Effective Date: 0901 UTC
visual references, mask flight hazards, hazards of flight. October 26, 2006.
distract the pilot, or otherwise degrade b. Accurate identification and Comment Date: Comments for
task performance or safety. utilization of visual references required inclusion in the Rules Docket must be
b. Control of EFVS display brightness for every task relevant to the phase of received on or before August 17, 2006.
must be sufficiently effective in flight. ADDRESSES: Send comments on this
dynamically changing background 4. Compliance with these special direct final rule to the Docket
(ambient) lighting conditions to prevent conditions will enable the EFVS to be Management System, U.S. Department
full or partial blooming of the display used during instrument approaches in of Transportation, Room Plaza 401, 400
that would distract the pilot, impair the accordance with § 91.175(l) such that it Seventh Street, SW., Washington, DC
pilot’s ability to detect and identify may be found acceptable for the 20590–0001. You must identify the
visual references, mask flight hazards, following intended functions: docket number FAA–2006–25243/
or otherwise degrade task performance a. Presenting an image that would aid Airspace Docket No. 06–AWP–11, at the
or safety. If automatic control for image the pilot during a straight-in instrument beginning of your comments. You may
brightness is not provided, it must be approach. also submit comments on the Internet at
shown that a single manual setting is b. Enabling the pilot to determine that http://dms.dot.gov. You may review the
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satisfactory for the range of lighting there is sufficient ‘‘enhanced flight public docket final rule, any comments
conditions encountered during a time- visibility,’’ as required by § 91.175(l)(2), received, and any final disposition in
critical, high workload phase of flight for descent and operation below person in the Dockets Office between 9
(e.g., low visibility instrument minimum descent altitude/decision a.m. and 5 p.m., Monday through
approach). height (MDA)/(DH). Friday, except Federal holidays. The

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40652 Federal Register / Vol. 71, No. 137 / Tuesday, July 18, 2006 / Rules and Regulations

Docket Office (telephone 1–800–647– in light of the comments received. List of Subjects in 14 CFR Part 71
5527) is on the plaza level of the Factual information that supports the Airspace, Incorporation by reference,
Department of Transportation NASSIF commenter’s ideas and suggestions is Navigation (air).
Building at the above address. extremely helpful in evaluating the
FOR FURTHER INFORMATION CONTACT: effectiveness of this action and Adoption of the Amendment
Larry Tonish, Airspace Specialist, determining whether additional
■ In consideration of the foregoing, the
AWP–520, Western Terminal Service rulemaking action would be needed.
Federal Aviation Administration
Area, Federal Aviation Administration, Comments are specifically invited on amends 14 CFR part 71 as follows:
15000 Aviation Boulevard, Lawndale, the overall regulatory, economic,
California 90261, telephone (310) 725– environmental, and energy aspects of PART 71—DESIGNATION OF CLASS A,
6539. the rule that might suggest a need to CLASS B, CLASS C, CLASS D, AND
SUPPLEMENTARY INFORMATION: Airport modify the rule. All comments CLASS E AIRSPACE AREAS; ROUTES;
Traffic Control Tower services are no submitted will be available, both before AND REPORTING POINTS
longer available at Elko Regional and after the closing date for comments,
in the Rules Docket for examination by ■ 1. The authority citation for 14 CFR
Airport. Therefore, under Federal
interested persons. A report that part 71 continues to read as follows:
regulation, the airport no longer
qualifies for Class D airspace. Class D summarizes each FAA-public contact Authority: 49 U.S.C. 106(g), 40103, 40113,
airspace designations are published in concerned with the substance of this 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
paragraph 5000 of FAA Order 7400.9N action will be filed in the Rules Docket. 1963 Comp., p. 389.
dated September 1, 2005 and effective Commenters wishing the FAA to § 71.1 [Amended]
September 16, 2005, which is acknowledge receipt of their comments
incorporated by reference in 14 CFR submitted in response to this rule must ■ 2. The incorporation by reference in
71.1. The Class D airspace designation submit a self-addressed, stamped 14 CFR 71.1 of the Federal Aviation
listed in the document will be postcard on which the following Administration Order 7400.9N,
subsequently removed in the Order. statement is made: ‘‘Comments to Airspace Designations and Reporting
Docket No. FAA–2006–25243/Airspace Points, dated September 1, 2005, and
The Direct Final Rule Procedure Docket No. 06–AWP–11.’’ The postcard effective September 16, 2005, is
The FAA anticipates that this will be date stamped and returned to the amended as follows:
regulation will not result in adverse or commenter. * * * * *
negative comment and therefore is Agency Findings Paragraph 5000 Class D Airspace.
issuing it as a direct final rule. Unless
The regulations adopted herein will * * * * *
a written adverse or negative comment,
or a written notice of intent to submit not have substantial direct effects on the AWP NV D Elko, NV
an adverse or negative comment is States, on the relationship between the Elko Municipal-J.C. Harris Field, NV.
received within the comment period, national government and the States, or Remove.
the regulation will become effective on on the distribution of power and
Issued in Los Angeles, California, on July
the date specified above. After the close responsibilities among the various 13, 2006.
of the comment period, the FAA will levels of governments. Therefore, in
Leonard A. Mobley,
publish a document in the Federal accordance with Executive Order 12612,
Acting Area Director, Western Terminal
Register indicating that no adverse or it is determined that this final rule does
Operations.
negative comments were received and not have sufficient federalism
[FR Doc. 06–6282 Filed 7–17–06; 8:45 am]
confirming the date on which the final implications to warrant the preparation
BILLING CODE 4910–13–M
rule will become effective. If the FAA of a Federalism Assessment.
does receive, within the comment The FAA has determined that this
period, an adverse or negative comment, regulation is noncontroversial and DEPARTMENT OF TRANSPORTATION
or written notice of intent to submit unlikely to result in adverse or negative
such a comment, a document comments. For the reasons discussed in Federal Aviation Administration
withdrawing the direct final rule will be the preamble, this regulation only
published in the Federal Register, and involves an established body of 14 CFR Part 71
a notice of proposed rulemaking may be technical regulations for which frequent
published with a new comment period. and routine amendments are necessary [Docket No. FAA–2006–23902; Airspace
to keep them operationally current. Docket No. 06–AGL–01]
Comments Invited Therefore, this regulation—(1) Is not a
Modification of Class E Airspace;
Although this action is in the form of ‘‘significant regulatory action’’ under
Fremont, MI
a final rule and was not preceded by a Executive Order 12866; (2) is not a
notice of proposed rulemaking, ‘‘significant rule’’ under DOT AGENCY: Federal Aviation
comments are invited on this rule. Regulatory Policies and Procedures (44 Administration (FAA), DOT.
Interested persons are invited to FR 11034; February 26, 1979); and (3) ACTION: Final rule.
comment on this rule by submitting does not warrant preparation of a
such written data, views, or arguments Regulatory Evaluation as the anticipated SUMMARY: This action modifies Class E
as they may desire. Communications impact is so minimal. Since this is a airspace at Fremont, MI. Standard
should identify both docket numbers routine matter that will only affect air Instrument Approach Procedures have
and be submitted in triplicate to the traffic procedures and air navigation, it been developed for Fremont Municipal
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address specified under the caption is certified that this rule will not have Airport, Fremont, MI. Controlled
ADDRESSES. All communications a significant economic impact on a airspace extending upward from 700
received on or before the closing date substantial number of small entities feet or more above the surface of the
for comments will be considered, and under the criteria of the Regulatory earth is needed to contain aircraft
this rule may be amended or withdrawn Flexibility Act. executing these approaches. This action

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