Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Rules and Regulations 7055 

SUMMARY: These special conditions are 

issued for the Learjet Inc. Model LJ– 

200–1A10 airplane. This airplane will 

have a novel or unusual design feature 

associated with advanced composite 

materials in the construction of its 

fuselage and wings. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. 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: March 10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Alan Sinclair, Airframe/Cabin Safety 

Branch, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue SW., Renton, Washington 

98057–3356; telephone 425–227–2195; 

facsimile 425–227–1320; email 

alan.sinclair@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 9, 2009, Learjet Inc. 

applied for a type certificate for their 

new Model LJ–200–1A10. The Model 

LJ–200–1A10 is a business-class 

airplane with two high-bypass turbine 

engines and interior seating 

configuration for up to 10 passengers. 

The Model LJ–200–1A10 is the first 

airplane manufactured by Learjet Inc. to 

utilize advanced composite materials in 

the construction of its fuselage and 

wings. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.17, 

Learjet Inc. must show that the Model 

LJ–200–1A10 meets the applicable 

provisions of part 25, as amended by 

Amendments 25–1 through 25–127. 

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 Model LJ–200–1A10 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 or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model LJ–200–1A10 

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, and the 

FAA must issue a finding of regulatory 

adequacy under § 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 Model LJ–200–1A10 will 

incorporate the following novel or 

unusual design features: 

The Model LJ–200–1A10 is the first 

airplane manufactured by Learjet Inc. to 

utilize advanced composite materials in 

the construction of its fuselage and 

wings. In accordance with § 21.16, 

fuselage structure fabricated from 

monolithic carbon-fiber reinforced 

plastic (CFRP) prepreg material 

(reinforcement fiber pre-impregnated 

with a thermoplastic or thermoset resin 

matrix) constitutes a novel and unusual 

design feature for a large transportcategory airplane certificated under 14 

CFR part 25. 

Discussion 

Existing regulations do not adequately 

ensure that composite structure offers 

passengers the same protection from an 

on-ground, post-crash fire condition as 

would a conventional aluminum 

structure. Learjet is introducing a new 

material that may have different toxicity 

characteristics than those of traditional 

materials. Service experience has shown 

that, in post-crash fires, traditional 

aluminum structural materials emit 

acceptable toxicity levels. Therefore, it 

is necessary to ensure that the material 

being utilized does not reduce the 

survivability of the passengers during a 

post-crash fire, or provide levels of toxic 

fumes that would be lethal or 

incapacitating, preventing evacuation of 

the aircraft following a crash scenario. 

These special conditions are 

necessary to ensure a level of safety 

equivalent to that provided by 14 CFR 

part 25. Regulations applicable to burn 

requirements, including §§ 25.853 and 

25.856(a), remain valid for this airplane 

but do not reflect the threat generated 

from toxic levels of gases produced from 

carbon-fiber/resin system materials 

following a post-crash fire. 

Discussion of Comments 

Notice of proposed special conditions 

no. 25–13–13–SC, for Learjet Inc. Model 

LJ–200–1A10 airplanes, was published 

in the Federal Register on November 5, 

2013 (78 FR 66317). No comments were 

received, and the special conditions are 

adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

LJ–200–1A10. Should Learjet Inc. apply 

at a later date for a change to the type 

certificate to include another airplane 

model incorporating the same novel or 

unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplanes. 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 Learjet Inc. Model 

LJ–200–1A10 airplanes. 

The Learjet Model LJ–200–1A10 must 

show that toxic levels of gases produced 

from the composite-material system are 

in no way an additional threat to the 

passengers and their ability to evacuate 

when compared to an aluminumconstructed aircraft. 

Issued in Renton, Washington, on January 

31, 2014. 

John P. Piccola, Jr., 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–02495 Filed 2–5–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0950; Airspace 

Docket No. 13–AGL–34] 

Amendment of Class D and Class E 

Airspace; Grand Forks, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment, correction. 

SUMMARY: This action corrects the 

geographic coordinates and adds the 


emcdonald on DSK67QTVN1PROD with RULES
7056 Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Rules and Regulations 

geographic coordinates of the Grand 

Forks International Airport ILS 

Localizer, and removes NOTAM 

information, in the regulatory text of a 

final rule that was published in the 

Federal Register of December 10, 2013, 

amending Class D and Class E airspace 

in the Grand Forks, ND area. 

DATES: Effective Date: 0901 UTC, 

February 6, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On December 10, 2013, the FAA 

published in the Federal Register a final 

rule amending Class D and Class E 

airspace in the Grand Forks, ND area. 

(78 FR 74005, Docket No. FAA–2013– 

0950). Subsequent to publication, an 

error was discovered in the latitude 

coordinates for Grand Forks 

International Airport listed in the Class 

D airspace description, as well as the 

NOTAM information inadvertently 

copied in error for Grand Forks AFB. In 

addition, reference to the Grand Forks 

International Airport ILS localizer 

navigation aid was omitted from the 

descriptor for the Grand Forks, ND, 

Class E airspace. 

Class D and Class E airspace 

designations are published in paragraph 

5000 and 6005, respectively, of FAA 

Order 7400.9X dated August 7, 2013, 

and effective September 15, 2013, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class D and Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the Class D 

airspace areas at Grand Forks 

International Airport, Grand Forks, ND, 

and Grand Forks AFB, ND, and the 

Class E airspace area extending upward 

from 700 feet above the surface at Grand 

Forks International Airport, Grand 

Forks, ND, as published in the Federal 

Register December 10, 2013 (78 FR 

74005), (FR Doc. 2013–29222) FAA 

Docket No. 2013–0950, are corrected as 

follows: 

AGL ND D Grand Forks, ND [Corrected] 

Grand Forks International Airport, ND 

■ On page 74006, column 1, line 29 of 

the regulatory text, remove ‘lat. 47°5′50′′ 

N.,’ and insert ‘lat. 47°56′50′′ N.’ 

AGL ND D Grand Forks AFB, ND 

[Corrected] 

■ On page 74006, column 1, and 

beginning on line 51, remove the 

following: 

This Class D airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will therefore be continuously 

published in the Airport/Facility Directory. 

AGL ND E5 Grand Forks, ND [Corrected] 

■ On page 74006, column 2, add the 

following after line 46: 

Grand Forks International Airport ILS 

Localizer 

(Lat. 47°53′43′′ N., long. 97°10′52′′ W.) 

Issued in Washington, DC, on February 3, 

2014. 

Mark W. Bury, 

Assistant Chief Counsel, International Law, 

Legislation, and Rulemaking. 

[FR Doc. 2014–02563 Filed 2–3–14; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 906 

[Docket No. 101019524–3999–02] 

RIN 0648–BA36 

National Appeals Office Rules of 

Procedure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: With this final rule, NMFS 

implements procedural regulations 

governing the National Appeals Office 

(NAO), a division of NMFS Office of 

Management and Budget within NOAA. 

NAO’s central mission is to provide an 

efficient means of adjudicating appeals 

by providing due process and 

consistency to NMFS administrative 

decisions, particularly those involving 

Limited Access Privilege Programs 

(LAPPs) established pursuant to Section 

303A of the Magnuson-Stevens Fishery 

Conservation and Management Act. The 

procedures contained herein could also 

be used to adjudicate appeals from other 

offices that incorporate these rules into 

their regulations or otherwise notify 

potential appellants of the procedures’ 

applicability to their proceedings. 

DATES: This final rule is effective March 

10, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Steven Goodman, National Appeals 

Office, Office of Management & Budget, 

NMFS, 1315 East-West Hwy., Room 

10843, Silver Spring, MD 20910; 

nmfs.nao.contact@noaa.gov; (301) 427– 

8774. (This is not a toll-free number.) 

Individuals with hearing or speech 

impairments may access the telephone 

number above via TTY by calling the 

Federal Information Relay Service at 

(800) 877–8339. 

SUPPLEMENTARY INFORMATION: Section 

303A of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) authorizes LAPPs and requires 

NMFS to ‘‘include an appeals process 

for administrative review of the 

Secretary’s decisions regarding initial 

allocation of limited access privileges.’’ 

To fulfill that requirement, NMFS is 

adopting this final rule at 15 CFR part 

906, which would designate NAO, a 

division within NMFS Office of 

Management and Budget, as adjudicator 

for appeals in future LAPPs established 

under section 303A of the MSA. 

NAO adjudicates initial 

administrative determinations, agency 

actions that directly and adversely affect 

an appellant. Although not exclusively, 

NAO proceedings are for appeals of 

denials of permits or other limited 

access privileges. Typically, NAO will 

be used for informal administrative 

appeals. 

This final rule addresses operations as 

well as events that occur during the 

course of adjudicating an appeal filed 

with NAO. NAO will produce written 

decisions upholding or reversing the 

initial administrative determination 

under review. Under this final rule, a 

decision issued by NAO becomes final 

after a NMFS Regional Administrator 

has had the opportunity to review 

NAO’s decision. A Regional 

Administrator may adopt, reverse, 

remand, or modify NAO decisions. 

Additional background information 

on this final rule is found in the 

preamble to the proposed rule 

published on June 8, 2012 (77 FR 

33980), and is not repeated herein. The 

proposed rule solicited public 

comments; the comments and NMFS’ 

responses are identified below. 

Comments and Responses 

The proposed rule solicited public 

comments through July 9, 2012. During 

the comment period, NMFS received 

comments from five individuals and 

two entities. The two entities are the 

Public Employees for Environmental 

Responsibility and the Alaska 

Commercial Fisheries Entry 

Commission. Some persons and entities 

made multiple comments in one 

document. The specific comments and 

our responses are as follows. 


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