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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Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17023 

safety equivalent to the current 

regulations for reference stall speeds, 

stall warning, stall characteristics, and 

miscellaneous other minimum reference 

speeds. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–10–03–SC for Gulfstream GVI 

airplanes was published in the Federal 

Register on December 23, 2010 (75 FR 

80735). One supportive comment was 

received. 

Applicability 

As discussed above, these special 

conditions are applicable to the high 

incidence protection system on the GVI. 

Should Gulfstream apply at a later date 

for a change to the type certificate to 

include another model incorporating the 

same novel or unusual design features, 

these special conditions would apply to 

that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features of the GVI. It 

is not a rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Gulfstream GVI 

airplanes. 

1. Definitions. For terminology that 

does not appear in the regulations, the 

following definitions apply to these 

special conditions: 

(a) Electronic Flight Control System 

(EFCS)—The electronic and software 

command and control elements of the 

flight control system. 

(b) High Incidence Protection 

Function—An airplane level function 

that automatically limits the maximum 

angle of attack that can be attained to a 

value below that at which an 

aerodynamic stall would occur. 

(c) Alpha-Limit—The maximum angle 

of attack at which the airplane stabilizes 

with the high incidence protection 

function operating and the longitudinal 

control held on its aft stop. 

(d) Vmin—The minimum stabilized 

flight speed in calibrated airspeed 

obtained when the airplane is 

decelerated at an entry rate not 

exceeding 1 knot/sec until the 

longitudinal pilot control is on the aft 

stop with the high incidence protection 

function operating. 

(e) Vmin1g—Vmin corrected to 1g 

conditions. The minimum calibrated 

airspeed at which the airplane can 

develop a lift force normal to the flight 

path and equal to its weight when at an 

angle of attack not greater than that 

determined for Vmin. 

2. Capability and Reliability of the 

High Incidence Protection System—In 

lieu of §§ 25.103, 25.145, 25.201, 25.203, 

25.207 and 25.1323, the following 

special conditions are issued for 

capability and reliability requirements: 

(a) It must not be possible during 

pilot-induced maneuvers to encounter a 

stall, and handling characteristics must 

be acceptable as required by paragraphs 

5 and 6 of this special condition. 

(b) The airplane must be protected 

against stalling due to the effects of 

environmental conditions such as 

windshear and gusts at low speeds as 

required by paragraph 7 of this special 

condition. 

(c) The ability of the high incidence 

protection function to accommodate any 

reduction in stalling angle of attack 

resulting from flight in the atmospheric 

icing conditions of 14 CFR part 25, 

appendix C, must be verified. 

(d) The reliability of the high 

incidence protection function and the 

effects of failures must be acceptable in 

accordance with § 25.1309. 

(e) The high incidence protection 

function must not impede maneuvering 

for pitch angles up to the maximum 

required for normal maneuvering 

including an all-engines operating 

takeoff plus a suitable margin to allow 

for satisfactory speed control. 

3. Minimum Steady Flight Speed and 

Reference Stall Speed—In lieu of the 

requirements of § 25.103, the following 

special condition is issued: 

(a) Vmin—The minimum steady flight 

speed, for the airplane configuration 

under consideration and with the high 

incidence protection function operating, 

is the final stabilized calibrated airspeed 

obtained when the airplane is 

decelerated at an entry rate not 

exceeding 1 knot per second until the 

longitudinal pilot control is on its stop. 

(b) The minimum steady flight speed, 

Vmin, must be determined with: 

(1) The high incidence protection 

function operating normally. 

(2) Idle thrust. 

(3) All combinations of flap settings 

and landing gear positions. 

(4) The weight used when VSR is 

being used as a factor to determine 

compliance with a required 

performance standard. 

(5) The most unfavorable center of 

gravity allowable. 

(6) The airplane trimmed for straight 

flight at a speed selected by the 

applicant, but not less than 1.13 VSR and 

not greater than 1.3 VSR. 

(7) The settings of the high incidence 

protection function, stall warning 

system, and stall identification system 

(if applicable) set at the low angle of 

attack tolerance limit, unless the 

production tolerances are acceptably 

small so as to produce insignificant 

changes in performance determinations. 

(c) Vmin1g—Vmin corrected to 1g 

conditions, which is the minimum 

calibrated airspeed at which the 

airplane can develop a lift force normal 

to the flight path and equal to its weight 

when at an angle of attack not greater 

than that determined for Vmin. Vmin1g 

is defined as follows: 

Where: 

nZW = load factor normal to the flight path 

at Vmin. 

(d) The reference stall speed, VSR, is 

a calibrated airspeed selected by the 

applicant. VSR may not be less than a 1g 

stall speed. VSR is expressed as: 


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17024 Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 

(e) VSR must be determined with the 

following conditions: 

(1) Engines idling, or, if that resultant 

thrust causes an appreciable decrease in 

stall speed, not more than zero thrust at 

the stall speed. 

(2) The airplane in other respects 

(such as flaps and landing gear) in the 

condition existing in the test or 

performance standard in which VSR is 

being used. 

(3) The weight used when VSR is 

being used as a factor to determine 

compliance with a required 

performance standard. 

(4) The center of gravity position that 

results in the highest value of reference 

stall speed. 

(5) The airplane trimmed for straight 

flight at a speed selected by the 

applicant, but not less than 1.13 VSR and 

not greater than 1.3 VSR. 

(f) The flight characteristics at the 

angle of attack corresponding to VSR

must be suitable in the traditional sense 

at forward and aft center of gravity in 

straight and turning flight at IDLE 

power. 

(g) If VSR is chosen equal to VMIN,1g, 

an equivalent safety finding to the intent 

of § 25.103 may be considered to have 

been met. The applicant may choose 

VSR to be less than VMIN,1g but not less 

than VS1g if compensating factors are 

provided to ensure safe characteristics. 

4. Stall Warning 

(a) Normal Operation—If the 

conditions of paragraph 2 of this special 

condition are satisfied, a level of safety 

equivalent to that intended by § 25.207, 

Stall warning, will have been met. 

(b) Failure Cases—Following failures 

of the high incidence protection 

function not shown to be extremely 

improbable, if the function no longer 

satisfies paragraphs 2(a), 2(b), and 2(c) 

of this special condition, stall warning 

must be provided in accordance with 

§ 25.207. The stall warning should 

prevent inadvertent stall in the 

following conditions: 

(1) Power off straight stall approaches 

to a speed 5 percent below the warning 

onset. 

(2) Turning flight stall approaches 

with at least 1.5g load factor normal to 

the flight path at an entry rate of at least 

2 knots per second when recovery is 

initiated not less than one second after 

the warning onset. 

5. High Incidence Handling 

Demonstrations—In lieu of the 

requirements of § 25.201, the following 

special condition are issued: 

(a) Maneuvers to the limit of the 

longitudinal control, in the nose up 

direction, must be demonstrated in 

straight flight and in 30 degree banked 

turns under the following conditions: 

(1) The high incidence protection 

function operating normally. 

(2) Power off. 

(3) At a power level necessary to 

maintain level flight at 1.5 VSR1, where 

VSR1 is the reference stall speed with the 

flaps in the approach position, the 

landing gear retracted, and with the 

aircraft at its maximum landing weight. 

The flap position to be used to 

determine this power setting is that 

position in which the stall speed, VSR1, 

does not exceed 110% of the stall speed, 

VSR0, with the flaps in the most 

extended landing position. 

(b) In each condition required by 

paragraph (a) of this section, it must be 

possible to meet the applicable 

requirements of § 25.203 defined in 

paragraph 6 of this special condition 

with: 

(1) Flaps, landing gear, and 

deceleration devices in any likely 

combination of positions not prohibited. 

(2) Deceleration devices include 

spoilers and other drag devices when 

used as air brakes, and thrust reversers. 

High incidence maneuver 

demonstrations with deceleration 

devices deployed should be carried out 

with power off except where power is 

normally applied during operations 

(e.g., use of extended airbrakes during 

landing). 

(3) Representative weights within the 

range for which certification is 

requested. 

(4) The most adverse center of gravity. 

(5) The airplane trimmed for straight 

flight at the speed prescribed in 

paragraph 3(e)(5) of this special 

condition. 

(6) The settings of the high incidence 

protection function, stall warning 

system, and stall identification system 

(if applicable) set at the high angle of 

attack tolerance limit, unless the 

production tolerances are acceptably 

small so as to produce insignificant 

changes in performance determinations. 

(c) The following procedures must be 

used to show compliance with § 25.203 

as amended by paragraph 6 of this 

special condition: 


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Federal Register / Vol. 76, No. 59 / Monday, March 28, 2011 / Rules and Regulations 17025 

(1) Starting at a speed sufficiently 

above the minimum steady flight speed 

to ensure that a steady rate of speed 

reduction can be established, apply the 

longitudinal control so that the speed 

reduction does not exceed one knot per 

second until the control reaches the 

stop. 

(2) The longitudinal control must be 

maintained at the stop until the airplane 

has reached a stabilized flight condition 

and then recovered by normal recovery 

techniques. 

(3) The requirements for turning flight 

maneuver demonstrations must also be 

met with accelerated rates of entry to 

the incidence limit, up to the maximum 

rate achievable. 

6. Characteristics in High Incidence 

Maneuvers—In lieu of the requirements 

of § 25.203, the following special 

condition is issued: 

(a) Throughout maneuvers with a rate 

of deceleration of not more than 1 knot 

per second, both in straight flight and in 

30 degree banked turns, the airplane’s 

characteristics must be as follows: 

(1) No abnormal airplane nose-up 

pitching. 

(2) No uncommanded nose-down 

pitching (which is indicative of stall). 

However, reasonable attitude changes 

associated with stabilizing the incidence 

at alpha limit as the longitudinal control 

reaches the stop is acceptable. Any 

reduction of pitch attitude associated 

with stabilizing the incidence at the 

alpha limit should be achieved 

smoothly and at a low pitch rate, so it 

is not likely to be mistaken for natural 

stall identification. 

(3) No uncommanded lateral or 

directional motion, and the pilot must 

retain good lateral and directional 

control by conventional use of the 

cockpit controls throughout the 

maneuver. 

(4) The airplane must not exhibit 

buffeting of a magnitude or severity that 

would act as a deterrent to completing 

the maneuver specified in § 25.201(a) as 

amended by this special condition. 

(b) In maneuvers with increased rates 

of deceleration, some degradation of 

characteristics associated with a 

transient excursion beyond the 

stabilized alpha-limit is acceptable. 

However, the airplane must not exhibit 

dangerous characteristics or 

characteristics that would deter the pilot 

from holding the longitudinal control on 

the aft stop for a period of time 

appropriate to the maneuvers. 

(c) It must always be possible to 

reduce incidence by conventional use of 

the longitudinal control. 

(d) The rate at which the airplane can 

be maneuvered from trim speeds 

associated with scheduled operating 

speeds, such as V2 and VREF up to alphalimit, should not be unduly damped or 

significantly slower than can be 

achieved on conventionally controlled 

transport airplanes. 

7. Atmospheric Disturbances— 

Operation of the high incidence 

protection function must not adversely 

affect aircraft control during expected 

levels of atmospheric disturbances, nor 

impede the application of recovery 

procedures in case of windshear. 

Simulator tests and analysis may be 

used to evaluate such conditions, but 

must be validated by limited flight 

testing to confirm handling qualities at 

critical loading conditions. 

8. Longitudinal Control—In lieu of the 

requirements of § 25.145(a), (a)(1) and 

(b)(6), the following special conditions 

are issued: 

(a) It must be possible, at any point 

between the trim speed prescribed in 

§ 25.103(b)(6) as amended by this 

special condition and Vmin, to pitch the 

nose downward so that the acceleration 

to this selected trim speed is prompt. 

(b) With the landing gear extended, no 

change in trim control, or exertion of 

more than 50 pounds control force 

(representative of the maximum shortterm force that can be applied readily by 

one hand) may be required for the 

following maneuver: With power off, 

flaps extended and the airplane 

trimmed at 1.3 VSR1, obtain and 

maintain airspeeds between Vmin and 

either 1.6VSR1 or VFE, whichever is 

lower. 

9. Airspeed Indicating System—In 

lieu of § 25.1323(c)(1) and (c)(2), the 

following special conditions are issued: 

(a) VMO to Vmin with the flaps 

retracted; and 

(b) Vmin to VFE with flaps in the 

landing position. 

Issued in Renton, Washington, on March 

18, 2011. 

KC Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–7144 Filed 3–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 520 and 529 

[Docket No. FDA–2011–N–0003] 

New Animal Drugs; Oxytetracycline 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental abbreviated 

new animal drug application (ANADA) 

filed by Pennfield Oil Co. The 

supplemental ANADA provides for use 

of oxytetracycline hydrochloride soluble 

powder for control of American and 

European foulbrood in honey bees and 

for skeletal marking of finfish fry and 

fingerlings. 

DATES: This rule is effective March 28, 

2011. 

FOR FURTHER INFORMATION CONTACT: John 

K. Harshman, Center for Veterinary 

Medicine (HFV–170), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8197, 

e-mail: john.harshman@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Pennfield 

Oil Co., 14040 Industrial Rd., Omaha, 

NE 68144, filed a supplement to 

ANADA 200–026 that provides for use 

of PENNOX 343 (oxytetracycline HCl) 

Soluble Powder for control of American 

and European foulbrood in honey bees 

and for skeletal marking of finfish fry 

and fingerlings by immersion. The 

supplemental ANADA is approved as of 

December 6, 2010, and the regulations 

in 21 CFR 520.1660d and 529.1660 are 

amended to reflect the approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 

9 a.m. and 4 p.m., Monday through 

Friday. 

The Agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 

5 U.S.C. 801–808. 

List of Subjects in 21 CFR Parts 520 and 

529 

Animal drugs. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 


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