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58735

Rules and Regulations Federal Register


Vol. 71, No. 193

Thursday, October 5, 2006

This section of the FEDERAL REGISTER determines that the prohibition or PART 360—NOXIOUS WEED
contains regulatory documents having general restriction is necessary to prevent the REGULATIONS
applicability and legal effect, most of which introduction of a plant pest or noxious
are keyed to and codified in the Code of
weed into the United States or the PART 361—IMPORTATION OF SEED
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. dissemination of a plant pest or noxious AND SCREENINGS UNDER THE
weed within the United States. FEDERAL SEED ACT
The Code of Federal Regulations is sold by In an interim rule 1 effective June 14,
the Superintendent of Documents. Prices of ■ Accordingly, we are adopting as a
new books are listed in the first FEDERAL
2006, and published in the Federal final rule, without change, the interim
REGISTER issue of each week. Register on June 20, 2006 (71 FR 35378– rule that amended 7 CFR parts 360 and
35381, Docket No. APHIS–2006–0019), 361 and that was published at 71 FR
we amended the noxious weed and 35378–35381 on June 20, 2006.
DEPARTMENT OF AGRICULTURE imported seed regulations by adding
Done in Washington, DC, this 29th day of
South African ragwort (Senecio September 2006.
Animal and Plant Health Inspection inaequidens DC.) and Madagascar Kevin Shea,
Service ragwort (Senecio madagascariensis
Acting Administrator, Animal and Plant
Poir.) to the list in § 360.200(c) of Health Inspection Service.
7 CFR Parts 360 and 361 terrestrial noxious weeds and to the list [FR Doc. E6–16462 Filed 10–4–06; 8:45 am]
[Docket No. APHIS–2006–0019] in § 361.6(a)(1) of seeds with no BILLING CODE 3410–34–P
tolerances applicable to their
Noxious Weeds; South African introduction. That action was necessary
Ragwort and Madagascar Ragwort to prevent the artificial spread of South DEPARTMENT OF TRANSPORTATION
AGENCY: Animal and Plant Health African ragwort and Madagascar ragwort
Inspection Service, USDA. into the United States. Federal Aviation Administration
ACTION: Affirmation of interim rule as Comments on the interim rule were
required to be received on or before 14 CFR Part 23
final rule.
August 21, 2006. We did not receive any [Docket No. CE260, Special Condition 23–
SUMMARY: We are adopting as a final comments. Therefore, for the reasons 200–SC]
rule, without change, an interim rule given in the interim rule, we are
that amended the noxious weed and adopting the interim rule as a final rule. Special Conditions; Garmin
imported seed regulations by adding International, Inc.; Raytheon Model
This action also affirms the
South African ragwort (Senecio C90A King Air; Protection of Electronic
information contained in the interim Flight Instrument System from the
inaequidens DC.) and Madagascar
ragwort (Senecio madagascariensis rule concerning Executive Order 12866 Effects of High Intensity Radiated
Poir.) to the list of terrestrial noxious and the Regulatory Flexibility Act, Fields (HIRF)
weeds and to the list of seeds with no Executive Order 12988, and the
tolerances applicable to their Paperwork Reduction Act. AGENCY: Federal Aviation
introduction. That action was necessary Administration (FAA), DOT.
Further, for this action, the Office of
to prevent the artificial spread of these Management and Budget has waived its ACTION: Final special conditions; request
noxious weeds into the United States. review under Executive Order 12866. for comments.
DATES: Effective on October 5, 2006, we SUMMARY: These special conditions are
List of Subjects
are adopting as a final rule the interim issued to Garmin International Inc.,
rule published at 71 FR 35378–35381, 7 CFR Part 360 1200 East 151st Street, Olathe, Kansas,
June 20, 2006. 66062, for a Supplemental Type
FOR FURTHER INFORMATION CONTACT: Dr.
Imports, Plants (Agriculture),
Certificate for the Raytheon Model C90A
Alan V. Tasker, Noxious Weeds Program Quarantine, Reporting and
King Air airplane. This airplane will
Coordinator, Invasive Species and Pest recordkeeping requirements, have novel and unusual design features
Management, PPQ, APHIS, 4700 River Transportation, Weeds. when compared to the state of
Road Unit 134, Riverdale, MD 20737– 7 CFR Part 361 technology envisaged in the applicable
1237; (301) 734–5225. airworthiness standards. These novel
SUPPLEMENTARY INFORMATION: Agricultural commodities, Imports, and unusual design features include the
Labeling, Quarantine, Reporting and installation of electronic flight
Background recordkeeping requirements, Seeds, instrument system (EFIS) displays in the
The Plant Protection Act (7 U.S.C. Vegetables, Weeds. Garmin G1000 system, GFC 700
7701 et seq.) authorizes the Secretary of autopilot, Mid-Continent Instrument
Agriculture to prohibit or restrict the 1 To view the interim rule, go to http:// Attitude Indicator and Sandia Avionics
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importation, entry, exportation, or www.regulations.gov, click on the ‘‘Advanced cooling fans. The applicable regulations
movement in interstate commerce of Search’’ tab, and select ‘‘Docket Search.’’ In the do not contain adequate or appropriate
Docket ID field, enter APHIS–2006–0019, then click
any plant, plant product, biological on ‘‘Submit.’’ Clicking on the Docket ID link in the
airworthiness standards for the
control organism, noxious weed, article, search results page will produce a list of all protection of these systems from the
or means of conveyance if the Secretary documents in the docket. effects of high intensity radiated fields

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58736 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations

(HIRF). These special conditions must include a self-addressed, stamped EFIS as part of the Garmin G1000
contain the additional safety standards postcard on which the following system. Additionally, the Garmin GFC
that the Administrator considers statement is made: ‘‘Comments to 700 autopilot, Mid-Continent
necessary to establish a level of safety Docket No. CE260.’’ The postcard will Instrument Attitude Indicator and
equivalent to the airworthiness be date stamped and returned to the Sandia Avionics Cooling Fans, which
standards applicable to these airplanes. commenter. are susceptible to the HIRF
DATES: The effective date of these environment, are included and were not
Background envisaged by the existing regulations for
special conditions is September 27,
2006. Comments must be received on or On June 2, 2006, Garmin this type of airplane.
before November 6, 2006. International, Inc., 1200 East 151st
Street, Olathe, Kansas, 66062, applied to Protection of Systems From High
ADDRESSES: Comments may be mailed Intensity Radiated Fields (HIRF)
in duplicate to: Federal Aviation the FAA for a new Supplemental Type
Certificate for the Raytheon Model C90A Recent advances in technology have
Administration, Regional Counsel,
King Air airplane. The C90A King Air given rise to the application in aircraft
ACE–7, Attention: Rules Docket Clerk,
is currently approved under TC No. designs of advanced electrical and
Docket No. CE260, Room 506, 901
3A20, Revision 62 dated December 7, electronic systems that perform
Locust, Kansas City, Missouri 64106. All
2005. The proposed modification functions required for continued safe
comments must be marked: Docket No.
incorporates a novel or unusual design flight and landing. Due to the use of
CE260. Comments may be inspected in
feature, such as digital avionics sensitive solid state advanced
the Rules Docket weekdays, except
consisting of an EFIS that is vulnerable components in analog and digital
Federal holidays, between 7:30 a.m. and
to HIRF external to the airplane. electronics circuits, these advanced
4 p.m.
systems are readily responsive to the
FOR FURTHER INFORMATION CONTACT: Jim Type Certification Basis transient effects of induced electrical
Brady, Aerospace Engineer, Standards Under the provisions of 14 CFR, part current and voltage caused by the HIRF.
Office (ACE–111), Small Airplane 21, § 21.101, Garmin International, Inc., The HIRF can degrade electronic
Directorate, Aircraft Certification must show that the Raytheon Model systems performance by damaging
Service, Federal Aviation C90A King Air aircraft as changed components or upsetting system
Administration, 901 Locust, Room 301, continues to meet the following functions.
Kansas City, Missouri 64106; telephone provisions, or the applicable regulations Furthermore, the HIRF environment
(816) 329–4132. in effect on the date of application for has undergone a transformation that was
SUPPLEMENTARY INFORMATION: The FAA the change to the Raytheon Model C90A not foreseen when the current
has determined that notice and King Air as specified on Type requirements were developed. Higher
opportunity for prior public comment Certification Data Sheet TCDS No. energy levels are radiated from
hereon are impracticable because these 3A20, revision 62, dated December 7, transmitters that are used for radar,
procedures would significantly delay 2005. radio, and television. Also, the number
issuance of the approval design and of transmitters has increased
thus delivery of the affected aircraft. In Discussion significantly. There is also uncertainty
addition, the substance of these special If the Administrator finds that the concerning the effectiveness of airframe
conditions has been subject to the applicable airworthiness standards do shielding for HIRF. Furthermore,
public comment process in several prior not contain adequate or appropriate coupling to cockpit-installed equipment
instances with no substantive comments safety standards because of novel or through the cockpit window apertures is
received. The FAA, therefore, finds that unusual design features of an airplane, undefined.
good cause exists for making these special conditions are prescribed under The combined effect of the
special conditions effective upon the provisions of § 21.16. technological advances in airplane
issuance. Special conditions, as appropriate, as design and the changing environment
defined in § 11.19, are issued in has resulted in an increased level of
Comments Invited vulnerability of electrical and electronic
accordance with § 11.38 after public
Interested persons are invited to notice and become part of the type systems required for the continued safe
submit such written data, views, or certification basis in accordance with flight and landing of the airplane.
arguments as they may desire. § 21.101(b)(2). Effective measures against the effects of
Communications should identify the Special conditions are initially exposure to HIRF must be provided by
regulatory docket or notice number and applicable to the model for which they the design and installation of these
be submitted in duplicate to the address are issued. Should the applicant apply systems. The accepted maximum energy
specified above. All communications for a supplemental type certificate to levels in which civilian airplane system
received on or before the closing date modify any other model already installations must be capable of
for comments will be considered by the included on the same type certificate to operating safely are based on surveys
Administrator. The special conditions incorporate the same novel or unusual and analysis of existing radio frequency
may be changed in light of the design feature, the special conditions emitters. These special conditions
comments received. All comments would also apply to the other model require that the airplane be evaluated
received will be available in the Rules under the provisions of § 21.101. under these energy levels for the
Docket for examination by interested protection of the electronic system and
persons, both before and after the Novel or Unusual Design Features its associated wiring harness. These
closing date for comments. A report Garmin International, Inc. plans to external threat levels, which are lower
summarizing each substantive public incorporate certain novel and unusual than previous required values, are
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contact with FAA personnel concerning design features into an airplane for believed to represent the worst case to
this rulemaking will be filed in the which the airworthiness standards do which an airplane would be exposed in
docket. Commenters wishing the FAA to not contain adequate or appropriate the operating environment.
acknowledge receipt of their comments safety standards for protection from the These special conditions require
submitted in response to this notice effects of HIRF. These features include qualification of systems that perform

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Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations 58737

critical functions, as installed in aircraft, (1) The applicant may demonstrate when the aircraft is exposed to the HIRF
to the defined HIRF environment in that the operation and operational environment defined below:
paragraph 1 or, as an option to a fixed capability of the installed electrical and
value using laboratory tests, in electronic systems that perform critical
paragraph 2, as follows: functions are not adversely affected

Field Strength
(volts per meter)
Frequency
Peak Average

10 kHz–100 kHz .............................................................................................................................................................. 50 50


100 kHz–500 kHz ............................................................................................................................................................ 50 50
500 kHz–2 MHz ............................................................................................................................................................... 50 50
2 MHz–30 MHz ................................................................................................................................................................ 100 100
30 MHz–70 MHz .............................................................................................................................................................. 50 50
70 MHz–100 MHz ............................................................................................................................................................ 50 50
100 MHz–200 MHz .......................................................................................................................................................... 100 100
200 MHz–400 MHz .......................................................................................................................................................... 100 100
400 MHz–700 MHz .......................................................................................................................................................... 700 50
700 MHz–1 GHz .............................................................................................................................................................. 700 100
1 GHz–2 GHz .................................................................................................................................................................. 2000 200
2 GHz–4 GHz .................................................................................................................................................................. 3000 200
4 GHz–6 GHz .................................................................................................................................................................. 3000 200
6 GHz–8 GHz .................................................................................................................................................................. 1000 200
8 GHz–12 GHz ................................................................................................................................................................ 3000 300
12 GHz–18 GHz .............................................................................................................................................................. 2000 200
18 GHz–40 GHz .............................................................................................................................................................. 600 200
The field strengths are expressed in terms of peak root-mean-square (rms) values.

or, system with similar design features for which is imminent, the FAA has
(2) The applicant may demonstrate by redundancy as a means of protection determined that prior public notice and
a system test and analysis that the against the effects of external HIRF is comment are unnecessary and
electrical and electronic systems that generally insufficient since all elements impracticable, and good cause exists for
perform critical functions can withstand of a redundant system are likely to be adopting these special conditions upon
a minimum threat of 100 volts per exposed to the fields concurrently. issuance. The FAA is requesting
meter, electrical field strength, from 10 comments to allow interested persons to
kHz to 18 GHz. When using this test to Applicability
submit views that may not have been
show compliance with the HIRF As discussed above, these special submitted in response to the prior
requirements, no credit is given for conditions are applicable to the opportunities for comment described
signal attenuation due to installation. Raytheon Model C90A King Air above.
A preliminary hazard analysis must airplane. Should Garmin International,
be performed by the applicant, for Inc. apply at a later date for a List of Subjects in 14 CFR Part 23
approval by the FAA, to identify either supplemental type certificate to modify Aircraft, Aviation safety, Signs and
electrical or electronic systems that any other model included on the same symbols.
perform critical functions. The term type certificate to incorporate the same
‘‘critical’’ means those functions whose Citation
novel or unusual design feature, the
failure would contribute to, or cause, a special conditions would apply to that The authority citation for these
failure condition that would prevent the model as well under the provisions of special conditions is as follows:
continued safe flight and landing of the § 21.101. Authority: 49 U.S.C. 106(g), 40113 and
airplane. The systems identified by the 44701; 14 CFR 21.16 and 21.101; and 14 CFR
hazard analysis that perform critical Conclusion
11.38 and 11.19.
functions are candidates for the This action affects only certain novel
application of HIRF requirements. A or unusual design features on one model The Special Conditions
system may perform both critical and of airplane. It is not a rule of general Accordingly, pursuant to the
non-critical functions. Primary applicability and affects only the authority delegated to me by the
electronic flight display systems, and applicant who applied to the FAA for Administrator, the following special
their associated components, perform approval of these features on the conditions are issued as part of the type
critical functions such as attitude, airplane. certification basis for the Raytheon
altitude, and airspeed indication. The The substance of these special Model C90A King Air airplane modified
HIRF requirements apply only to critical conditions has been subjected to the by Garmin International, Inc., which
functions. notice and comment period in several includes the Garmin G1000 system, GFC
Compliance with HIRF requirements prior instances and has been derived 700 autopilot, Mid-Continent
may be demonstrated by tests, analysis, without substantive change from those Instrument Attitude Indicator and
models, similarity with existing previously issued. It is unlikely that Sandia Avionics Cooling Fans.
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systems, or any combination of these. prior public comment would result in a 1. Protection of Electrical and
Service experience alone is not significant change from the substance Electronic Systems from High Intensity
acceptable since normal flight contained herein. For this reason, and Radiated Fields (HIRF). Each system
operations may not include an exposure because a delay would significantly that performs critical functions must be
to the HIRF environment. Reliance on a affect the certification of the airplane, designed and installed to ensure that the

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58738 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations

operations and operational capabilities notice conforms that this direct final FOR FURTHER INFORMATION CONTACT:
of these systems to perform critical rule will become effective on that date. Steve Davis, FAA Terminal Operations,
functions are not adversely affected Issued in Fort Worth, Texas, on September Central Service Office, Airspace and
when the airplane is exposed to high 22, 2006. Procedures Branch, AGL–530, Federal
intensity radiated electromagnetic fields Walter Tweedy, Aviation Administration, 2300 East
external to the airplane. Devon Avenue, Des Plaines, Illinois
Acting Manager, System Support Group, ATO
2. For the purpose of these special Central Service Area. 60018, telephone (847) 294–7131.
conditions, the following definition [FR Doc. 06–8494 Filed 10–4–06; 8:45 am] SUPPLEMENTARY INFORMATION: This
applies: Critical Functions: Functions amendment to 14 CFR part 71
BILLING CODE 4910–13–M
whose failure would contribute to, or establishes Class E airspace at Mineral
cause, a failure condition that would Point, WI, to accommodate aircraft
prevent the continued safe flight and DEPARTMENT OF TRANSPORTATION operating into and out of Iowa County
landing of the airplane. Airport. The area will be depicted on
Issued in Kansas City, Missouri, on Federal Aviation Administration appropriate aeronautical charts. Class E
September 27, 2006. airspace areas extending upward from
David R. Showers, 14 CFR Part 71 the surface of the earth are published in
Acting Manager, Small Airplane Directorate, paragraph 6002, of FAA Order 7400.9P
[Docket No. FAA–2006–24448; Airspace dated September 1, 2006, and effective
Aircraft Certification Service. Docket No. 06–AGL–02]
[FR Doc. E6–16497 Filed 10–4–06; 8:45 am]
September 15, 2006, airspace which is
Establishment of Class E Airspace; incorporated by reference in 14 CFR
BILLING CODE 4910–13–P
Mineral Point, WI 71.1. The Class D airspace designation
listed in this document will be
DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation published subsequently in the order.
Administration (FAA), DOT.
The Direct Final Rule Procedure
Federal Aviation Administration ACTION: Direct final rule; request for
comments. The FAA anticipates that this
14 CFR Part 71 regulation will not result in adverse or
SUMMARY: This document establishes negative comment and therefore is
[Docket No. FAA–2006–25502; Airspace Class E airspace at Mineral Point, WI. A issuing it as a direct final rule.
Docket No. 06–ACE–10] request has been made for a new area of A substantial number of previous
Class E airspace extending upward from opportunities provided to the public to
Modification of Class E Airspace; West comment on substantially identical
Plains, MO the surface, due to traffic volume. This
action would establish a radius of class actions have resulted in negligible
AGENCY: Federal Aviation E airspace for Iowa County Airport. adverse comments or objections. Unless
Administration (FAA), DOT. a written adverse or negative comment,
DATES: Effective 0901 UTC, January 18,
ACTION: Direct final rule; confirmation of
or a written notice of intent to submit
2007. The Director of the Federal
effective date. an adverse or negative comment is
Register approves this incorporation by
received within the comment period,
reference action under 1 CFR Part 51,
SUMMARY: This document confirms the the regulation will become effective on
subject to the annual revision of FAA
effective date of the direct final rule the date specified above. After the close
Order 7400.9 and publication of
which revises Class E Airspace at West of the comment period, the FAA will
conforming amendments. Comments
Plains, MO. publish a document in the Federal
must be received on or before November
DATES: Effective Date: 0901 UTC, Register indicating that no adverse or
25, 2006.
November 23, 2006. negative comments were received and
ADDRESSES: Send comments on the confirming the date on which the final
FOR FURTHER INFORMATION CONTACT: proposal to the Docket Management rule will become effective. If the FAA
Grant Nichols, System Support, DOT System, U.S. Department of does receive, within the comment
Regional Headquarters Building, Federal Transportation, Room Plaza 401, 400 period, an adverse or negative comment,
Aviation Administration, 901 Locust, Seventh Street, SW., Washington, DC or written notice of intent to submit
Kansas City, MO 64106; telephone: 20590–0001. You must identify the such a comment, a document will be
(816) 329–2522. docket Number FAA–2006–24448/ published in the Federal Register. This
SUPPLEMENTARY INFORMATION: The FAA Airspace Docket No. 06–AGL–02, at the document may withdraw the direct final
published this direct final rule with a beginning of your comments. You may rule in whole or in part.
request for comments in the Federal also submit comments on the Internet at After considering the adverse or
Register on August 11, 2006 (71 FR http://dms.dot.gov. You may review the negative comment, we may publish
46076). The FAA uses the direct final public docket containing the proposal, another direct final rule or publish a
rulemaking procedure for a non- any comments received, and any final notice of proposed rulemaking with a
controversial rule where the FAA disposition in person in the Dockets new comment period.
believes that there will be no adverse Office between 9 a.m. and 5 p.m.,
public comment. This direct final rule Monday through Friday, except Federal Comments Invited
advised the public that no adverse holidays. The Docket Office (telephone Although this action is in the form of
comments were anticipated, and that 1–800–647–5527) is on the plaza level a final rule and was not preceded by a
unless a written adverse comments, or of the Department of Transportation notice of proposed rulemaking,
a written notice of intent to submit such NASSIF Building at the above address. comments are invited on this rule.
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an adverse comment, were received An informal docket may also be Interested person are invited to
within the comment period, the examined during normal business hours comment on this rule by submitting
regulation would become effective on at FAA Terminal Operations, Central such written data, views, or arguments,
November 23, 2006. No adverse Service Office, 2300 East Devon as they may desire. Communications
comments were received, and thus this Avenue, Des Plaines, Illinois 60018. should identify the Rules Docket

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