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37654 Federal Register / Vol. 70, No.

125 / Thursday, June 30, 2005 / Rules and Regulations

Another commenter stated that ‘‘in most Commission’s regulation at 11 CFR DEPARTMENT OF TRANSPORTATION
instances the money for the event has 300.62, which was not challenged in the
already been raised. Therefore, the Shays litigation and need not be Federal Aviation Administration
candidate or officeholder’s appearance reexamined here. Another commenter
and speech [are] not a solicitation.’’ urged the Commission to incorporate 14 CFR Part 23
Another commenter noted that most the holdings of these advisory opinions [Docket No. CE230, Special Condition 23–
of these fundraising events are small- into its regulations so that Federal 170–SC]
dollar events targeted at grass roots officeholders and candidates could
volunteers where donations are usually continue to rely on them. One Special Conditions; Raytheon Model
less than $100, and do not include commenter also suggested that any King Air H–90 (T–44A) Protection of
corporations or single-interest groups. Systems for High Intensity Radiated
additional restrictions beyond the
An additional commenter stated that Fields (HIRF)
disclaimers required in these advisory
‘‘Congress knew that state and local
party committees request officeholders opinions would raise constitutional AGENCY: Federal Aviation
speak at party events to increase concerns. In contrast, other commenters Administration (FAA), DOT.
attendance and the party’s yield from asserted that these advisory opinions ACTION: Final special conditions; request
the event. It was also aware that were incorrect and that the Commission for comments.
speeches at these events are unlikely of should supersede them with a
themselves to foster the quid pro quo regulation that completely bars SUMMARY: These special conditions are
contributions that the law seeks to attendance at soft money fundraising issued to ARINC Inc., 1632 S. Murray
curb.’’ Thus, many of these events events that are not hosted by a State Blvd., Colorado Springs, CO 80916 for a
already comply with amount limitations party. The Commission does not believe Supplemental Type Certificate for the
and source prohibitions for solicitation it is necessary to initiate a rulemaking Raytheon Model King Air H–90 (T–44A)
under section 441i(e)(1)(B). In contrast, to address the issues in Advisory airplane. These airplanes will have
other commenters asserted that there Opinions 2003–03, 2003–05, and 2003– novel and unusual design features when
was a potential for abuse if Federal 36 at this time. compared to the state of technology
candidates and officeholders make envisaged in the applicable
phone calls from the event asking 2. Levin Funds airworthiness standards. The novel and
donors for non-Federal funds, or gather unusual design features include the
The Commission also sought installation of the Rockwell Collins Pro
together a group of wealthy donors and comment on how it should interpret 2
label it a ‘‘State party fundraising event’’ Line 21 Avionics System. This system
U.S.C. 441i(b)(2), (e)(1), and (e)(3) in includes Electronic Flight Instrument
in order to benefit from the exemption
light of language from Shays stating that Systems (EFIS), electronic displays,
in section 300.64. However, in response
Levin funds are ‘‘funds ‘subject to digital Air Data Computers (ADC), and
to Commission questioning at the
[FECA’s] limitations, prohibitions, and supporting equipment. The applicable
hearing, no commenter could point to
any reports of such activity in the past reporting requirements.’ ’’ See NPRM at regulations do not contain adequate or
election cycle. If the Commission 9016. Most comments regarding this appropriate airworthiness standards for
detects evidence of abuse in the future, inquiry opposed any interpretation of the protection of these systems from the
the Commission has the authority to these provisions that would allow effects of high intensity radiated fields
revisit the regulation and take action as Federal officeholders and candidates to (HIRF). These special conditions
appropriate, including an approach solicit Levin funds without restriction, contain the additional safety standards
targeted to the specific types of with some commenters noting that the that the Administrator considers
problems that are actually found to Commission has consistently referred to necessary to establish a level of safety
occur. Levin funds as non-Federal funds, equivalent to the airworthiness
including in recent final rules published standards applicable to these airplanes.
Additional Issues DATES: The effective date of these
in 2005. However, one commenter
1. Other Fundraising Events stated that Federal officeholders and special conditions is June 22, 2005.
In the NPRM, the Commission sought candidates should be allowed to raise Comments must be received on or
public comment regarding certain Levin funds. This issue of interpretation before August 1, 2005.
advisory opinions issued by the was relevant only to the alternative ADDRESSES: Comments may be mailed
Commission permitting attendance and approach proposed in the NPRM. in duplicate to: Federal Aviation
participation by Federal officeholders Because the Commission has decided to Administration, Regional Counsel,
and candidates at events where non- retain its rule in section 300.64 with a ACE–7, Attention: Rules Docket Clerk,
Federal funds would be raised for State revised Explanation and Justification, Docket No. CE230, Room 506, 901
and local candidates or organizations, the Commission need not further Locust, Kansas City, Missouri 64106. All
subject to various restrictions and address this question of statutory comments must be marked: Docket No.
disclaimer requirements. See NPRM at interpretation. CE230. Comments may be inspected in
9015; Advisory Opinions 2003–03, the Rules Docket weekdays, except
Dated: June 23, 2005. Federal holidays, between 7:30 a.m. and
2003–05, and 2003–36. Some
commenters stated that the analysis in Scott E. Thomas, 4 p.m.
those advisory opinions was correct and Chairman, Federal Election Commission. FOR FURTHER INFORMATION CONTACT: Wes
consistent with BCRA’s exceptions [FR Doc. 05–12863 Filed 6–29–05; 8:45 am] Ryan, Aerospace Engineer, Standards
permitting Federal officeholders and BILLING CODE 6715–01–P Office (ACE–110), Small Airplane
candidates to raise money for State and Directorate, Aircraft Certification
local elections within Federal limits and Service, Federal Aviation
prohibitions under section 441i(e)(1)(B). Administration, 901 Locust, Room 301,
One commenter noted that these Kansas City, Missouri 64106; telephone
advisory opinions were based on the (816) 329–4127.

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Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations 37655

SUPPLEMENTARY INFORMATION: The FAA airplanes meet the following provisions, electrical current and voltage caused by
has determined that notice and or the applicable regulations in effect on the HIRF. The HIRF can degrade
opportunity for prior public comment the date of application for the STC: For electronic systems performance by
hereon are impracticable because these those areas modified or impacted by the damaging components or upsetting
procedures would significantly delay installation, ARINC will use 14 CFR part system functions.
issuance of the approval and thus 23 Amendments 23–1 through 23–55. Furthermore, the HIRF environment
delivery of the affected aircraft. In This includes applying the concepts of has undergone a transformation that was
addition, the substance of these special 23.1301, 23.1302, 23.1309, 23.1311, not foreseen when the current
conditions has been subject to the 23.1321, 23.1322, 23.1331, 23.1335, requirements were developed. Higher
public comment process in several prior 23.1351, 23.1357, 23.1359, 23.1361, energy levels are radiated from
instances with no substantive comments 23.1365, 23.1367, 23.1381, 23.1431, transmitters that are used for radar,
received. The FAA, therefore, finds that 23.1529, 23.1541, 23.1543, 23.1581 at radio, and television. Also, the number
good cause exists for making these amendment 55, and the special of transmitters has increased
special conditions effective upon conditions adopted by this rulemaking significantly. There is also uncertainty
issuance. action. For systems that are not concerning the effectiveness of airframe
modified or impacted by the shielding for HIRF. Furthermore,
Comments Invited
installation, the original certification coupling to cockpit-installed equipment
Interested persons are invited to basis listed on TC No. 3A20 are still through the cockpit window apertures is
submit such written data, views, or applicable. undefined.
arguments, as they may desire. The combined effect of the
Communications should identify the Discussion
technological advances in airplane
regulatory docket or notice number and If the Administrator finds that the design and the changing environment
be submitted in duplicate to the address applicable airworthiness standards do has resulted in an increased level of
specified above. All communications not contain adequate or appropriate vulnerability of electrical and electronic
received on or before the closing date safety standards because of novel or systems required for the continued safe
for comments will be considered by the unusual design features of an airplane, flight and landing of the airplane.
Administrator. The special conditions special conditions are prescribed under Effective measures against the effects of
may be changed in light of the the provisions of § 21.16. exposure to HIRF must be provided by
comments received. All comments Special conditions, as appropriate, as the design and installation of these
received will be available in the Rules defined in § 11.19, are issued in systems. The accepted maximum energy
Docket for examination by interested accordance with § 11.38 after public levels in which civilian airplane system
persons, both before and after the notice and become part of the type installations must be capable of
closing date for comments. A report certification basis in accordance with operating safely are based on surveys
summarizing each substantive public § 21.101. and analysis of existing radio frequency
contact with FAA personnel concerning Special conditions are initially emitters. These special conditions
this rulemaking will be filed in the applicable to the models for which they require that the airplane be evaluated
docket. Commenters wishing the FAA to are issued. Should the applicant apply under these energy levels for the
acknowledge receipt of their comments for a supplemental type certificate to protection of the electronic system and
submitted in response to this notice modify any other model already its associated wiring harness. These
must include a self-addressed, stamped included on the same type certificate to external threat levels, which are lower
postcard on which the following incorporate the same novel or unusual than previous required values, are
statement is made: ‘‘Comments to design feature, the special conditions believed to represent the worst case to
Docket No. CE230.’’ The postcard will would also apply to the other model which an airplane would be exposed in
be date stamped and returned to the under the provisions of § 21.101. the operating environment.
commenter. Novel or Unusual Design Features These special conditions require
Background qualification of systems that perform
ARINC, Inc. plans to incorporate
critical functions, as installed in aircraft,
On June 7, 2005, ARINC Inc. 1632 S. certain novel and unusual design
to the defined HIRF environment in
Murray Blvd., Colorado Springs, CO features into an airplane for which the
paragraph 1 or, as an option to a fixed
80916, notified the Denver ACO of a airworthiness standards do not contain
value using laboratory tests, in
Designated Alteration Station (DAS) adequate or appropriate safety standards
paragraph 2, as follows:
project for a new Supplemental Type for protection from the effects of HIRF. (1) The applicant may demonstrate
Certificate for the Raytheon Model H90 These features include the addition of a that the operation and operational
(T–44A) airplanes. The Raytheon digital Air Data computer, which may capability of the installed electrical and
Models of concern are approved under be susceptible to the HIRF environment, electronic systems that perform critical
TC No. 3A20. The proposed that were not envisaged by the existing functions are not adversely affected
modification incorporates a novel or regulations for this type of airplane. when the aircraft is exposed to the HIRF
unusual design features, including a Protection of Systems from High
environment defined below:
dual EFIS system, digital air data Intensity Radiated Fields (HIRF): Recent
computers, and other equipment advances in technology have given rise Field Strength
associated with the Rockwell Collins to the application in aircraft designs of (volts per meter)
Pro Line 21 Avionics System. These advanced electrical and electronic
systems that perform functions required Peak Average
systems may be vulnerable to HIRF
external to the airplane. for continued safe flight and landing.
10 kHz–100 kHz 50 50
Due to the use of sensitive solid-state 100 kHz–500
Type Certification Basis advanced components in analog and kHz ................ 50 50
Under the provisions of 14 CFR part digital electronics circuits, these 500 kHz–2 MHz 50 50
21, § 21.101, ARINC, Inc. must show advanced systems are readily responsive 2 MHz–30 MHz 100 100
that the Raytheon Model H90 (T–44A) to the transient effects of induced 30 MHz–70 MHz 50 50

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37656 Federal Register / Vol. 70, No. 125 / Thursday, June 30, 2005 / Rules and Regulations

Field Strength Applicability that performs critical functions must be

Frequency (volts per meter) As discussed above, these special designed and installed to ensure that the
conditions are applicable to Raytheon operations, and operational capabilities
Peak Average of these systems to perform critical
Model H90 (T–44A) airplanes. Should
70 MHz–100 ARINC, Inc. apply at a later date for a functions, are not adversely affected
MHz ............... 50 50 supplemental type certificate to modify when the airplane is exposed to high
100 MHz–200 any other model on the same type intensity radiated electromagnetic fields
MHz ............... 100 100 certificate to incorporate the same novel external to the airplane.
200 MHz–400 or unusual design feature, the special 2. For the purpose of these special
MHz ............... 100 100
conditions would apply to that model as conditions, the following definition
400 MHz–700 applies: Critical Functions: Functions
MHz ............... 700 50 well under the provisions of § 21.101. whose failure would contribute to, or
700 MHz–1 GHz 700 100 Conclusion cause, a failure condition that would
1 GHz–2 GHz ... 2000 200
This action affects only certain novel prevent the continued safe flight and
2 GHz–4 GHz ... 3000 200
4 GHz–6 GHz ... 3000 200 or unusual design features on one model landing of the airplane.
6 GHz–8 GHz ... 1000 200 of airplane. It is not a rule of general Issued in Kansas City, Missouri, on June
8 GHz–12 GHz 3000 300 applicability and affects only the 22, 2005.
12 GHz–18 GHz 2000 200 applicant who applied to the FAA for John R. Colomy,
18 GHz–40 GHz 600 200 approval of these features on the Acting Manager, Small Airplane Directorate,
The field strengths are expressed in terms airplane. Aircraft Certification Service.
of peak root-mean-square (rms) values. The substance of these special [FR Doc. 05–12879 Filed 6–29–05; 8:45 am]
conditions has been subjected to the BILLING CODE 4910–13–P
or, notice and comment period in several
(2) The applicant may demonstrate by prior instances and has been derived
a system test and analysis that the without substantive change from those DEPARTMENT OF TRANSPORTATION
electrical and electronic systems that previously issued. It is unlikely that
perform critical functions can withstand prior public comment would result in a Federal Aviation Administration
a minimum threat of 100 volts per significant change from the substance
meter, electrical field strength, from 10 contained herein. For this reason, and 14 CFR Part 23
kHz to 18 GHz. When using this test to because a delay would significantly [Docket No. 228, Special Condition 23–167–
show compliance with the HIRF affect the certification of the airplane, SC]
requirements, no credit is given for which is imminent, the FAA has
signal attenuation due to installation. determined that prior public notice and Special Conditions; Diamond Aircraft
A preliminary hazard analysis must comment are unnecessary and Industries, EFIS and Full Authority
be performed by the applicant, for impracticable, and good cause exists for Digital Engine Control (FADEC) on the
approval by the FAA, to identify either adopting these special conditions upon Diamond DA–42; Protection of
electrical or electronic systems that issuance. The FAA is requesting Systems for High Intensity Radiated
perform critical functions. The term comments to allow interested persons to Fields (HIRF)
‘‘critical’’ means those functions, whose submit views that may not have been
AGENCY: Federal Aviation
failure would contribute to, or cause, a submitted in response to the prior
Administration (FAA), DOT.
failure condition that would prevent the opportunities for comment described
ACTION: Final special conditions; request
continued safe flight and landing of the above.
airplane. The systems identified by the for comments.
List of Subjects in 14 CFR Part 23
hazard analysis that perform critical SUMMARY: These special conditions are
functions are candidates for the Aircraft, Aviation safety, Signs and issued to Diamond Aircraft Industries
application of HIRF requirements. A symbols. GmbH, N.A. Otto-Strasse 5, A–2700
system may perform both critical and Citation Wiener Neistadt, Austria; telephone: 43
non-critical functions. Primary 2622 26 700; facsimile: 43 2622 26 780,
electronic flight display systems, and ■ The authority citation for these special
as part of the FAA Type Validation of
their associated components, perform conditions is as follows: the Diamond Aircraft Industries Model
critical functions such as attitude, DA–42. This airplane will have novel
altitude, and airspeed indication. The and unusual design features when
HIRF requirements apply only to critical compared to the state of technology
Authority: 49 U.S.C. 106(g), 40113 and
functions. 44701; 14 CFR 21.16 and 21.101; and 14 CFR envisaged in the applicable
Compliance with HIRF requirements 11.38 and 11.19. airworthiness standards. These novel
may be demonstrated by tests, analysis, and unusual design features include the
models, similarity with existing The Special Conditions installation of a Garmin Model G–1000
systems, or any combination of these. ■ Accordingly, pursuant to the authority electronic flight instrument system
Service experience alone is not delegated to me by the Administrator, (EFIS) display, and digital engine
acceptable since normal flight the following special conditions are controls. The applicable regulations do
operations may not include an exposure issued as part of the type certification not contain adequate or appropriate
to the HIRF environment. Reliance on a basis for the Raytheon Model 90 (T–44A) airworthiness standards for the
system with similar design features for airplanes modified by ARINC, Inc. to add protection of these systems from the
redundancy as a means of protection the Rockwell Collins Pro Line 21 effects of high intensity radiated fields
against the effects of external HIRF is Avionics System. (HIRF). These special conditions
generally insufficient since all elements 1. Protection of Electrical and contain the additional safety standards
of a redundant system are likely to be Electronic Systems from High Intensity that the Administrator considers
exposed to the fields concurrently. Radiated Fields (HIRF). Each system necessary to establish a level of safety

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