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Rules and Regulations Federal Register

Vol. 72, No. 6

Wednesday, January 10, 2007

This section of the FEDERAL REGISTER Federal Register on February 13, 2006 Further, for this action, the Office of
contains regulatory documents having general (71 FR 7393–7395, Docket No. APHIS– Management and Budget has waived its
applicability and legal effect, most of which 2005–0116), we amended the review under Executive Order 12866.
are keyed to and codified in the Code of Mediterranean fruit fly regulations
Federal Regulations, which is published under List of Subjects in 7 CFR Part 301
50 titles pursuant to 44 U.S.C. 1510.
contained in 7 CFR 301.78 through
301.78–10 (referred to below as the Agricultural commodities, Plant
The Code of Federal Regulations is sold by regulations) by adding portions of Los diseases and pests, Quarantine,
the Superintendent of Documents. Prices of Angeles, San Bernardino, and Santa Reporting and recordkeeping
new books are listed in the first FEDERAL Clara Counties, CA, to the list of requirements, Transportation.
REGISTER issue of each week. quarantined areas in § 301.78–3(c) and PART 301—DOMESTIC QUARANTINE
restricting the interstate movement of NOTICES
regulated articles from those areas. The
DEPARTMENT OF AGRICULTURE February 2006 interim rule was ■ Accordingly, we are adopting as a
Animal and Plant Health Inspection necessary to prevent the spread of final rule, without change, the interim
Service Mediterranean fruit fly into noninfested rule that amended 7 CFR part 301 and
areas of the United States. Comments on that was published at 71 FR 53963–
7 CFR Part 301 the interim rule were required to be 53964 on September 13, 2006.
received on or before April 14, 2006. We Done in Washington, DC, this 3rd day of
[Docket No. APHIS–2005–0116] did not receive any comments. January 2007.
Mediterranean Fruit Fly; Remove In a second interim rule 2 effective Kevin Shea,
Portions of Los Angeles, San September 7, 2006, and published in the Acting Administrator, Animal and Plant
Bernardino, and Santa Clara Counties, Federal Register on September 13, 2006 Health Inspection Service.
CA, From the List of Quarantined (71 FR 53963–53964, Docket No. [FR Doc. E7–110 Filed 1–9–07; 8:45 am]
Areas APHIS–2005–0116), we amended the BILLING CODE 3410–34–P
regulations by removing those same
AGENCY: Animal and Plant Health
Inspection Service, USDA. portions of Los Angeles, San
Bernardino, and Santa Clara Counties, DEPARTMENT OF TRANSPORTATION
ACTION: Affirmation of interim rule as
CA, from the list of quarantined areas
final rule. Federal Aviation Administration
and removing restrictions on the
SUMMARY: We are adopting as a final interstate movement of regulated
rule, without change, an interim rule articles from those areas. We took that 14 CFR Part 25
that amended the Mediterranean fruit action based on trapping surveys [Docket No. NM348; Special Conditions No.
fly regulations by removing portions of conducted by inspectors of California 25–343–SC]
Los Angeles, San Bernardino, and Santa State and county agencies that showed
Clara Counties, CA, from the list of that the Mediterranean fruit fly had Special Conditions: Dassault Aviation
quarantined areas and by removing been eradicated from the quarantined Model Falcon 7X Airplane, Windshield
restrictions on the interstate movement portions of Los Angeles, San Coating in Lieu of Wipers
of regulated articles from those areas. Bernardino, and Santa Clara Counties, AGENCY: Federal Aviation
The interim rule was necessary to CA. As a result of that action, there are Administration (FAA), DOT.
relieve restrictions that were no longer no longer any areas in the continental ACTION: Final special conditions.
needed to prevent the spread of the United States quarantined for the
Mediterranean fruit fly into noninfested Mediterranean fruit fly. SUMMARY: This special condition is
areas of the United States. Comments on the interim rule were issued for the Dassault Aviation Model
DATES: Effective Date: Effective on required to be received on or before Falcon 7X airplane. This airplane will
January 10, 2007, we are adopting as a November 13, 2006. We did not receive have a novel or unusual design feature
final rule the interim rule published at any comments. Therefore, for the associated with use of a hydrophobic
71 FR 53963–53964 on September 13, reasons given in the interim rule, we are windshield coating, rather than
2006. adopting the interim rule as a final rule. windshield wipers, as the means to
maintain a clear portion of the
This action also affirms the windshield during precipitation
Wayne D. Burnett, National Fruit Fly information contained in the interim
Program Manager, PPQ, APHIS, 4700 conditions, as required by the
rules concerning Executive Order 12866 airworthiness standards for transport
River Road, Unit 134, Riverdale, MD and the Regulatory Flexibility Act,
20737–1236; (301) 734–4387. category airplanes. The applicable
Executive Orders 12372 and 12988, and airworthiness regulations do not contain
SUPPLEMENTARY INFORMATION: the Paperwork Reduction Act. adequate or appropriate safety standards
Background for this design feature. This special
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In an interim rule 1 effective on Search’’ tab, and select ‘‘Docket Search.’’ In the condition contains the additional safety
Docket ID field, enter APHIS–2005–0116, then click standards that the Administrator
February 7, 2006, and published in the ‘‘Submit.’’ Clicking on the Docket ID link in the
search results page will produce a list of all considers necessary to establish a level
1 To view the interim rule, go to http:// documents in the docket. of safety equivalent to that established
www.regulations.gov, click on the ‘‘Advanced 2 See footnote 1. by the existing airworthiness standards.

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1136 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Rules and Regulations

DATES: Effective Date: December 29, Public Law 92–574, the ‘‘Noise Control VSR1 is to maintain approximately the
2006. Act of 1972.’’ same speed as the 1.6 factor on VS1.
FOR FURTHER INFORMATION CONTACT: John The FAA issues special conditions, as The requirement that the means to
McConnell, Airplane and Flight Crew defined in § 11.19, under § 11.38, and maintain a clear area of forward vision
Interface Branch, ANM–111, Transport they become part of the type must function at high speeds and high
Airplane Directorate, Aircraft certification basis under § 21.17(a)(2). precipitation rates is based on the use of
Certification Service, 1601 Lind Special conditions are initially windshield wipers as the means to
Avenue, SW., Renton, Washington applicable to the model for which they maintain an adequate area of clear
98057–3356; telephone (425) 227–1365; are issued. Should the type certificate vision in precipitation conditions. The
facsimile (425) 227–1320; e-mail for that model be amended later to requirement in 14 CFR 121.313(b), and
john.mcconnell@faa.gov. include any other model that in 14 CFR 125.213(b), to provide ‘‘a
incorporates the same or similar novel windshield wiper or equivalent for each
SUPPLEMENTARY INFORMATION: or unusual design feature, the special pilot station’’ has remained unchanged
Background conditions would also apply to the other since at least 1953.
model under § 21.101. The effectiveness of windshield
On June 4, 2002, Dassault Aviation, 9 wipers to maintain an area of clear
rond Point des Champs Elysées, 75008, Novel or Unusual Design Features vision normally degrades as airspeed
Paris, France, applied for a type The Model Falcon 7X will incorporate and precipitation rates increase. It is
certificate for its new Model Falcon 7X the following novel or unusual design assumed that because high speeds and
airplane. The Model Falcon 7X is a 19 feature: Hydrophobic windshield high precipitation rates represent
passenger transport category airplane, coating to provide adequate pilot limiting conditions for windshield
powered by three aft mounted Pratt & compartment view in the presence of wipers, they will also be effective at
Whitney PW307A high bypass ratio precipitation. Sole reliance on such a lower speeds and precipitation levels.
turbofan engines. Operation of the coating, without windshield wipers or a Accordingly, § 25.773(b)(1)(i) does not
airplane is accomplished using a fly-by- windshield blower, constitutes a novel require maintenance of a clear area of
wire (FBW) primary flight control or unusual design feature for which the forward vision at lower speeds or lower
system. This will be the first application applicable airworthiness regulations do precipitation rates.
of a FBW primary flight control system not contain adequate or appropriate A forced airflow blown directly over
in a private/corporate use airplane. safety standards. the windshield has also been used to
The Dassault Aviation Model Falcon maintain an area of clear vision in
7X flightdeck design incorporates a Discussion
precipitation. The limiting conditions
hydrophobic windshield coating to Section 25.773(b)(1) requires that both for this technology are comparable to
provide adequate pilot compartment pilots of a transport category airplane be those for windshield wipers.
view in the presence of precipitation. provided a means to maintain a Accordingly, introduction of this
Primary reliance on such a coating, sufficiently clear portion of the technology did not present a need for
without windshield wipers, constitutes windshield during precipitation special conditions to maintain the level
a novel or unusual design feature for conditions, and that this clear portion of of safety embodied in the existing
which the applicable airworthiness the windshield must have a sufficiently regulations.
regulations do not contain adequate or extensive view along the flight path. Hydrophobic windshield coatings
appropriate safety standards. Therefore, The regulations require this means to may depend to some degree on airflow
a special condition is required that maintain such an area during directly over the windshield to maintain
provides the level of safety equivalent to precipitation in heavy rain at speeds up a clear vision area. The heavy rain and
that established by the regulations. to 1.5 VSR1. high-speed conditions specified in the
Type Certification Basis This requirement has existed in current rule do not necessarily represent
principle since 1953 in Part 4b of the the limiting conditions for this new
Under the provisions of 14 CFR 21.17, Civil Air Regulations (CAR). Section technology. For example, airflow over
Dassault Aviation must show that the 4b.351(b)(1) of CAR 4b required that the windshield, which may be necessary
Model Falcon 7X airplane meets the ‘‘Means shall be provided for to remove moisture from the
applicable provisions of part 25, as maintaining a sufficient portion of the windshield, may not be adequate to
amended by Amendment 25–1 through windshield clear so that both pilots are maintain a sufficiently clear area of the
Amendment 25–108. afforded a sufficiently extensive view windshield in low speed flight or during
If the Administrator finds that the along the flight path in all normal flight ground operations. Alternatively,
applicable airworthiness regulations attitudes of the airplane. Such means airflow over the windshield may be
(i.e., 14 CFR part 25) do not contain shall be designed to function under the disturbed during such critical times as
adequate or appropriate safety standards following conditions without the approach to land, where the airplane
for the Model Falcon 7X because of a continuous attention on the part of the is at a higher than normal pitch attitude.
novel or unusual design feature, special crew: (i) In heavy rain at speeds up to In these cases, areas of airflow
conditions are prescribed under the 1.6 VS1, flaps retracted.’’ Effective disturbance or separation on the
provisions of § 21.16. December 26, 2002, Amendment 25–108 windshield could cause failure to
In addition to the applicable changed the speed for effectiveness of maintain a clear vision area on the
airworthiness regulations and special the means to maintain an area of clear windshield.
conditions, the Model Falcon 7X must vision from up to 1.6 VS1 to 1.5 VSR1 to In addition to potentially depending
comply with the fuel vent and exhaust accommodate the redefinition of the on airflow to function effectively,
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emission requirements of 14 CFR part reference stall speed from the minimum hydrophobic coatings may also be
34 and the noise certification speed in the stall, VS1, to greater than or dependent on water droplet size for
requirements of 14 CFR part 36. The equal to the 1-g stall speed. As noted in effective precipitation removal. For
FAA must also issue a finding of the preamble to the final rule for that example, precipitation in the form of a
regulatory adequacy under § 611 of amendment, the reduced factor of 1.5 on light mist may not be sufficient for the

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Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Rules and Regulations 1137

coating’s properties to result in The Special Condition protection of these systems from the
maintaining a clear area of vision. Accordingly, pursuant to the effects of high-intensity radiated fields
In summary, the current regulations authority delegated to me by the (HIRF). These special conditions
identify speed and precipitation rate Administrator, the following special contain the additional safety standards
requirements that represent limiting condition is issued as part of the type that the Administrator considers
conditions for windshield wipers and certification basis for Dassault Aviation necessary to establish a level of safety
blowers, but not for hydrophobic Model Falcon 7X airplanes. equivalent to that established by the
coatings, so it is necessary to issue existing airworthiness standards.
special conditions to maintain the level Pilot Compartment View—Hydrophobic DATES: The effective date of these
of safety represented by the current Coatings in Lieu of Windshield Wipers special conditions is December 29,
regulations. The airplane must have a means to 2006. We must receive your comments
These special conditions provide an maintain a clear portion of the on or before February 9, 2007.
appropriate safety standard for the windshield, during precipitation ADDRESSES: You may mail or deliver
hydrophobic coating technology as the conditions, enough for both pilots to comments on these special conditions
means to maintain a clear area of vision have a sufficiently extensive view along in duplicate to: Federal Aviation
by requiring it to be effective at low the ground or flight path in normal taxi Administration, Transport Airplane
speeds and precipitation rates as well as and flight attitudes of the airplane. This Directorate, Attention: Rules Docket
the higher speeds and precipitation means must be designed to function, (ANM–113), Docket No. NM363, 1601
rates identified in the current without continuous attention on the Lind Avenue, SW., Renton, Washington
regulation. These are the only new or part of the crew, in conditions from 98057–3356. You must mark your
changed requirements relative to those light misting precipitation to heavy rain comments Docket No. NM363.
in § 25.773(b)(1) at Amendment 25–108. at speeds from fully stopped in still air, FOR FURTHER INFORMATION CONTACT: Greg
Discussion of Comments to 1.5 VSR1 with lift and drag devices Dunn, FAA, Airplane and Flight Crew
retracted. Interface Branch, ANM–111, Transport
Notice of proposed special condition Airplane Directorate, Aircraft
Issued in Renton, Washington, on
No. 25–06–07 for the Dassault Aviation Certification Service, 1601 Lind
December 29, 2006.
Model Falcon 7X airplane was Avenue, SW., Renton, Washington
Ali Bahrami,
published in the Federal Register on 98057–3356; telephone (425) 227–2799;
July 12, 2006 (71 FR 39235). No Manager, Transport Airplane Directorate,
Aircraft Certification Service. facsimile (425) 227–1320.
comments were received and this
[FR Doc. E7–200 Filed 1–9–07; 8:45 am] SUPPLEMENTARY INFORMATION:
special condition is adopted as
proposed. BILLING CODE 4910–13–P Comments Invited
Applicability The FAA has determined that notice
DEPARTMENT OF TRANSPORTATION and opportunity for prior public
As discussed above, this special comment for these special conditions is
condition is applicable to the Model impracticable because these procedures
Federal Aviation Administration
Falcon 7X. Should Dassault Aviation would significantly delay certification
apply at a later date for a change to the and delivery of the affected aircraft. In
14 CFR Part 25
type certificate to include another addition, the substance of these special
model on the same type certificate [Docket No. NM363; Special Conditions No. conditions has been subject to the
incorporating the same novel or unusual 25–344–SC]
public comment process in several prior
design feature, the special condition instances with no substantive comments
would apply to that model as well. Special Conditions: Gulfstream
Aerospace Corporation Model G– received. We therefore find that good
Effective Upon Issuance 1159A Airplanes; High-Intensity cause exists for making these special
Radiated Fields (HIRF) conditions effective upon issuance.
Under standard practice, the effective However, we invite interested persons
date of final special conditions would AGENCY: Federal Aviation to take part in this rulemaking by
be 30 days after the date of publication Administration (FAA), DOT. submitting written comments. The most
in the Federal Register; however, as the helpful comments reference a specific
ACTION: Final special conditions; request
certification date for the Dassault Model portion of the special conditions,
Falcon 7X is imminent, the FAA finds for comments.
explain the reason for any
that good cause exists to make this SUMMARY: The FAA issues these special recommended change, and include
special condition effective upon conditions for a Gulfstream Aerospace supporting data. We ask that you send
issuance. Corporation Model G–1159A airplane us two copies of written comments.
Conclusion modified by AeroMech Incorporated. We will file in the docket all
This modified airplane will have a comments we receive, as well as a
This action affects only certain novel novel or unusual design feature when report summarizing each substantive
or unusual design features on one model compared to the state of technology public contact with FAA personnel
of airplane. It is not a rule of general envisioned in the airworthiness about these special conditions. You may
applicability. standards for transport category inspect the docket before and after the
List of Subjects in 14 CFR Part 25 airplanes. The modification comment closing date. If you wish to
incorporates the installation of review the docket in person, go to the
Aircraft, Aviation safety, Reporting Innovative Solutions and Support address in the ADDRESSES section of this
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and recordkeeping requirements. integrated air data display units preamble between 7:30 a.m. and 4 p.m.,
The authority citation for this special (ADDU). These systems perform critical Monday through Friday, except Federal
condition is as follows: functions. The applicable airworthiness holidays.
Authority: 49 U.S.C. 106(g), 40113, 44701, regulations do not contain adequate or We will consider all comments we
44702, 44704. appropriate safety standards for the receive on or before the closing date for

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