This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17019 

Vol. 76, No. 59 

Monday, March 28, 2011 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2011–0007] 

RIN 3150–AI90 

List of Approved Spent Fuel Storage 

Casks: HI–STORM Flood/Wind 

Addition 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U. S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations to add the 

HI–STORM Flood/Wind cask system to 

the ‘‘List of Approved Spent Fuel 

Storage Casks.’’ This direct final rule 

allows the holders of power reactor 

operating licenses to store spent fuel in 

this approved cask system under a 

general license. 

DATES: The final rule is effective June 

13, 2011, unless significant adverse 

comments are received by April 27, 

2011. A significant adverse comment is 

a comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2011–0007]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O– 

1F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR Reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. An electronic 

copy of the proposed Certificate of 

Compliance (CoC), Technical 

Specifications (TS), and preliminary 

safety evaluation report (SER) can be 

found under ADAMS Package 

Accession Number ML103020135. The 

ADAMS Accession Number for the 

Holtec international, Inc. (Holtec) 

application, dated September 18, 2009, 

is ML092650747. 

CoC No. 1032, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC’s 

PDR, Room O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. Single copies of these 

documents may be obtained from 

Gregory Trussell, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone 301–415– 

6445, e-mail Gregory.Trussell@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Trussell, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone 301–415– 

6445, e-mail Gregory.Trussell@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act (NWPA) of 1982, as 

amended, requires that ‘‘the Secretary 

[of the U.S. Department of Energy 

(DOE)] shall establish a demonstration 

program, in cooperation with the private 

sector, for the dry storage of spent 

nuclear fuel at civilian nuclear power 

reactor sites, with the objective of 

establishing one or more technologies 

that the [Nuclear Regulatory] 

Commission may, by rule, approve for 

use at the sites of civilian nuclear power 

reactors without, to the maximum 

extent practicable, the need for 

additional site-specific approvals by the 

Commission.’’ Section 133 of the NWPA 

states, in part, that ‘‘the Commission 

shall, by rule, establish procedures for 

the licensing of any technology 

approved by the Commission under 

Section 218(a) for use at the site of any 

civilian nuclear power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in Title 10 of the Code of Federal 

Regulations (10 CFR) part 72, which 

added a new Subpart K within 10 CFR 

part 72, entitled ‘‘General License for 

Storage of Spent Fuel at Power Reactor 

Sites’’ (55 FR 29181; July 18, 1990). This 

rule also established a new Subpart L 

within 10 CFR part 72, entitled 

‘‘Approval of Spent Fuel Storage Casks,’’ 

which contains procedures and criteria 

for obtaining NRC approval of spent fuel 

storage cask designs. 

Discussion 

This rule will add the Holtec HI– 

STORM Flood/Wind (FW) cask system 

to the list of approved spent fuel storage 

casks in 10 CFR 72.214. Following the 

procedures specified in 10 CFR 72.230 

of Subpart L, Holtec submitted an 

application for NRC approval, together 

with the Safety Analysis Report (SAR) 

entitled ‘‘Safety Analysis Report on the 

HI–STORM FW System.’’ The NRC 

evaluated the Holtec submittal and 

issued a preliminary SER and a 

proposed CoC for the HI–STORM FW 

System. 

The HI–STORM FW System provides 

the following: (1) The ability to store 

and transport Boiling Water Reactor 

(BWR) fuel with high initial enrichment 

(up to 4.8 weight percent uranium-235 

planer average) without reliance on 

burnup or gadolinium credit; (2) the 

ability to load and store spent nuclear 

fuel from the longest to the shortest 

currently, and expected to be produced, 

in the United States without requiring 

site crane upgrades; (3) a reduction in 

the 10 CFR part 71 burnup credit 

requirement for the Pressurized Water 

Reactor (PWR) basket allowing 

transportation of 5 weight percent 

uranium-235 fuel with moderate 


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17020 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

burnup; (4) enlarged storage cell 

opening sizes in both PWR and BWR 

multipurpose canisters (MPC) to ensure 

distorted irradiated fuel will fit without 

difficulty and to permit canisterized fuel 

to be stored in certain designated 

locations; (5) greater heat rejection 

capacity with lower peak fuel cladding 

temperature than the HI–STORM 100 

cask system, CoC No. 1014; and (6) a 

variable weight (HI–TRAC VW) transfer 

cask that will allow use of the full 

capacity of a facility’s cask crane. The 

HI–STORM FW System consists of the 

following major components: HI– 

STORM FW Overpack, PWR MPC–37, 

BWR MPC–89, and HI–TRAC VW 

Transfer Cask. 

The NRC finds that the HI–STORM 

FW System, as designed and when 

fabricated and used under the 

conditions specified in its CoC, meets 

the requirements of 10 CFR part 72. 

Thus, use of the HI–STORM FW 

System, as approved by the NRC, will 

provide adequate protection of public 

health and safety. With this final rule, 

the NRC is approving the use of the HI– 

STORM FW System under the general 

license in 10 CFR part 72, subpart K, by 

holders of power reactor operating 

licenses under 10 CFR part 50. 

Simultaneously, the NRC is issuing a 

final SER and CoC that will be effective 

on June 13, 2011. Single copies of the 

CoC and SER are available for public 

inspection and/or copying for a fee at 

the NRC’s Public Document Room, 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. 

This direct final rule amends 10 CFR 

72.214 by adding CoC No. 1032 to the 

list of approved spent fuel storage casks. 

The HI–STORM FW System, when 

used under the conditions specified in 

CoC No. 1032, the TS, and NRC 

regulations, will meet the requirements 

of part 72; thus, adequate protection of 

public health and safety will continue to 

be ensured. 

Discussion of Amendments by Section 

§ 72.214 List of Approved Spent Fuel 

Storage Casks 

CoC No. 1032 is added to the list of 

approved spent fuel storage casks. 

Procedural Background 

The NRC is using the ‘‘direct final rule 

procedure’’ to add CoC No. 1032 to the 

list of approved storage casks because 

the Holtec HI–STORM FW cask system 

is considered to be similar to other 

previously approved storage casks and, 

therefore, is expected to be 

noncontroversial. Adequate protection 

of public health and safety continues to 

be ensured. The amendment to the rule 

will become effective on June 13, 2011. 

However, if the NRC receives significant 

adverse comments on this direct final 

rule by April 27, 2011, then the NRC 

will publish a document that withdraws 

this action and will subsequently 

address the comments received in a 

final rule as a response to the 

companion proposed rule published 

elsewhere in this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

For detailed instructions on filing 

comments, please see the companion 

proposed rule published elsewhere in 

this issue of the Federal Register. 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this direct final rule, the 

NRC is adding the HI–STORM FW 

System to the list of NRC-approved cask 

systems for spent fuel storage in 10 CFR 

72.214. This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ regulations. 

The NRC program elements in this 

category are those that relate directly to 

areas of regulation reserved to the NRC 

by the Atomic Energy Act of 1954, as 

amended, or the provisions of Title 10 

of the Code of Federal Regulations. 

Although an Agreement State may not 

adopt program elements reserved to 

NRC, it may wish to inform its licensees 

of certain requirements via a mechanism 

that is consistent with the particular 

State’s administrative procedure laws 

but does not confer regulatory authority 

on the State. 

Plain Language 

The Presidential Memorandum, 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883), directed that the 

Government’s documents be in clear 

and accessible language. The NRC 

requests comments on this direct final 

rule specifically with respect to the 

clarity and effectiveness of the language 

used. Comments should be sent to the 

address listed under the heading 

ADDRESSES, above. 

Finding of No Significant 

Environmental Impact: Availability 

Under the National Environmental 

Policy Act of 1969, as amended, and the 

NRC regulations in Subpart A of 10 CFR 

part 51, the NRC has determined that 

this rule, if adopted, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment and, therefore, an 

environmental impact statement is not 

required. The NRC has prepared an 

environmental assessment and, on the 

basis of this environmental assessment, 

has made a finding of no significant 

impact. The rule will add the CoC for 

the HI–STORM FW System, CoC No. 

1032, to the list of approved spent fuel 

storage casks that power reactor 

licensees can use to store spent fuel at 

reactor sites under a general license. 

The HI–STORM FW System provides 

the following: (1) The ability to store 

and transport BWR fuel with high initial 

enrichment (up to 4.8 weight percent 

uranium-235 planer average) without 

reliance on burnup or gadolinium 

credit; (2) the ability to load and store 

spent nuclear fuel from the longest to 


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Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17021 

the shortest currently, and expected to 

be produced, in the United States 

without requiring site crane upgrades; 

(3) a reduction in the 10 CFR part 71 

burnup credit requirement for the PWR 

basket allowing transportation of 5 

weight percent uranium-235 fuel with 

moderate burnup; (4) enlarged storage 

cell opening sizes in both PWR and 

BWR MPCs to ensure distorted 

irradiated fuel will fit without difficulty 

and to permit canisterized fuel to be 

stored in certain designated locations; 

(5) greater heat rejection capacity with 

lower peak fuel cladding temperature 

than the HI–STORM 100 cask system, 

CoC No. 1014; and (6) a variable weight 

(HI–TRAC VW) transfer cask that will 

allow use of the full capacity of a 

facility’s cask crane. The HI–STORM 

FW System consists of the following 

major components: HI–STORM FW 

Overpack, PWR MPC–37, BWR MPC– 

89, and HI–TRAC VW Transfer Cask. 

The environmental assessment and 

finding of no significant impact on 

which this determination is based are 

available for inspection at the NRC 

Public Document Room, Room O–1F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland. Single copies 

of the environmental assessment and 

finding of no significant impact are 

available from Gregory Trussell, Office 

of Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–6445, e-mail: 

Gregory.Trussell@nrc.gov. 

Paperwork Reduction Act Statement 

This rule does not contain any 

information collection requirements 

and, therefore, is not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget 

(OMB), Approval Number 3150–0132. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

Commission issued an amendment to 10 

CFR part 72. The amendment provided 

for the storage of spent nuclear fuel in 

cask systems with designs approved by 

the NRC under a general license. Any 

nuclear power reactor licensee can use 

cask systems with designs approved by 

the NRC to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s CoC, and the 

conditions of the general license are 

met. In that rule, four spent fuel storage 

casks were approved for use at reactor 

sites and were listed in 10 CFR 72.214. 

That rule envisioned that storage casks 

certified in the future could be routinely 

added to the listing in 10 CFR 72.214 

through the rulemaking process. 

Procedures and criteria for obtaining 

NRC approval of new spent fuel storage 

cask designs were provided in 10 CFR 

part 72, subpart L. 

The alternative to this action is to 

withhold approval of this new design 

and issue a site-specific license to each 

utility that proposes to use the casks. 

This alternative would cost both the 

NRC and utilities more time and money 

for each site-specific license. 

Conducting site-specific reviews would 

ignore the procedures and criteria 

currently in place for the addition of 

new cask designs that can be used under 

a general license, and would be in 

conflict with NWPA direction to the 

Commission to approve technologies for 

the use of spent fuel storage at the sites 

of civilian nuclear power reactors 

without, to the maximum extent 

practicable, the need for additional site 

reviews. This alternative also would 

tend to exclude new vendors from the 

business market without cause and 

would arbitrarily limit the choice of 

cask designs available to power reactor 

licensees. This final rule will eliminate 

the above problems and is consistent 

with previous Commission actions. 

Further, the rule will have no adverse 

effect on public health and safety. 

The benefit of this rule to nuclear 

power reactor licensees is to make 

available a greater choice of spent fuel 

storage cask designs that can be used 

under a 10 CFR part 50 general license. 

The new cask vendors with casks to be 

listed in 10 CFR 72.214 benefit by 

having to obtain NRC certificates only 

once for a design that can then be used 

by more than one power reactor 

licensee. The NRC also benefits because 

it will need to certify a cask design only 

once for use by multiple licensees. 

Casks approved through rulemaking are 

to be suitable for use under a range of 

environmental conditions sufficiently 

broad to encompass multiple nuclear 

power plants in the United States 

without the need for further site-specific 

approval by NRC. Vendors with cask 

designs already listed may be adversely 

impacted because power reactor 

licensees may choose a newly listed 

design over an existing one. However, 

the NRC is required by its regulations 

and NWPA direction to certify and list 

approved casks. This rule has no 

significant identifiable impact or benefit 

on other Government agencies. 

Based on the above discussion of the 

benefits and impacts of the alternatives, 

the NRC concludes that the 

requirements of the final rule are 

commensurate with the Commission’s 

responsibilities for public health and 

safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

thus, this action is recommended. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and 

Holtec. These entities do not fall within 

the scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter 1. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, Whistle 

blowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72. 


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17022 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c),(d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1032 is added to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1032. 

Initial Certificate Effective Date: June 13, 

2011. 

SAR Submitted by: Holtec International, 

Inc. 

SAR Title: Safety Analysis Report on the 

HI–STORM FW System. 

Docket Number: 72–1032. 

Certificate Expiration Date: June 13, 

2031. 

Model Numbers: MPC–37, MPC–89. 

Dated at Rockville, Maryland, this 8th day 

of February 2011. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2011–7102 Filed 3–25–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM438 Special Conditions No. 

25–423–SC] 

Special Conditions: Gulfstream Model 

GVI Airplane; High Incidence 

Protection 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Gulfstream GVI airplane. 

This airplane will have novel or 

unusual design features when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes associated 

with the use of high incidence 

protection. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for these 

design features. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Effective Date: April 27, 2011. 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, FAA, Airplane and Flight 

Crew Interface Branch, ANM–111, 

Transport Standards Staff, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2011; 

facsimile (425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 29, 2005, Gulfstream 

Aerospace Corporation (hereafter 

referred to as ‘‘Gulfstream’’) applied for 

an FAA type certificate for its new 

Gulfstream Model GVI passenger 

airplane. Gulfstream later applied for, 

and was granted, an extension of time 

for the type certificate, which changed 

the effective application date to 

September 28, 2006. The Gulfstream 

Model GVI airplane will be an all-new, 

two-engine jet transport airplane with 

an executive cabin interior. The 

maximum takeoff weight will be 99,600 

pounds, with a maximum passenger 

count of 19 passengers. 

Type Certification Basis 

Under provisions of Title 14 Code of 

Federal Regulations (14 CFR) 21.17, 

Gulfstream must show that the 

Gulfstream Model GVI airplane 

(hereafter referred to as ‘‘the GVI’’) meets 

the applicable provisions of 14 CFR part 

25, as amended by Amendments 25–1 

through 25–119, 25–122 and 25–124. If 

the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the GVI because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design features, the special conditions 

would also apply to the other model 

under the provisions of § 21.101. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the GVI must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. The 

FAA must also issue a finding of 

regulatory adequacy pursuant to section 

611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The GVI is equipped with a novel or 

unusual design feature: A high 

incidence protection system that 

replaces the stall warning system during 

normal operating conditions, prohibits 

the airplane from stalling, limits the 

angle of attack at which the airplane can 

be flown during normal low speed 

operation, and cannot be overridden by 

the flight crew. The system’s application 

of this angle of attack limit impacts the 

stall speed determination, the stall 

characteristics, the stall warning 

demonstration, and the longitudinal 

airplane handling characteristics. The 

current regulations, including §§ 25.103, 

25.145, 25.201, 25.203, 25.207 and 

25.1323, do not address this type of 

protection feature. 

Discussion 

These special conditions, which 

include airplane performance 

requirements, will establish a level of 


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