62394 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

V. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

as a categorical exclusion in 10 CFR 

51.22(c)(1) and (2). Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this regulation. This action 

involves no policy determinations. It 

merely adjusts monetary civil penalties 

for inflation as required by statute.

VI. Paperwork Reduction Act 

Statement 

This final rule does not contain new 

or amended information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

VII. Regulatory Analysis 

This final rule adjusts for inflation the 

maximum civil penalties under the 

AEA. The adjustments and the formula 

for determining the amount of the 

adjustment are mandated by Congress in 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101–

410, 104 Stat. 890), as amended by the 

Debt Collection Improvement Act of 

1996, as amended (Pub. L. 104–134, 110 

Stat. 1321–358, 373, codified at 28 

U.S.C. 2461 note). Congress passed that 

legislation on the basis of its findings 

that the power to impose monetary civil 

penalties is important to deterring 

violations of Federal law and furthering 

the policy goals of Federal laws and 

regulations. Congress has also found 

that inflation has diminished the impact 

of these penalties and their effect. The 

principal purposes of this legislation are 

to provide for adjustment of civil 

monetary penalties for inflation, 

maintain the deterrent effect of civil 

monetary penalties, and promote 

compliance with the law. Thus, these 

are anticipated impacts of 

implementation of the mandatory 

provisions of the legislation. Direct 

monetary impacts fall only upon 

licensees or other persons subjected to 

NRC enforcement. 

VIII. Small Business Regulatory 

Enforcement Fairness Act 

In accordance with the Small 

Business Regulatory Enforcement 

Fairness 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 of 

OMB. 

IX. Backfit Analysis 

The NRC has determined that these 

amendments do not involve any 

provisions which would impose backfits 

as defined in 10 CFR Chapter 1; 

therefore, a backfit analysis need not be 

prepared.

List of Subjects in 10 CFR Part 2

Administrative practice and 

procedure, Antitrust, Byproduct 

material, Classified information, 

Environmental protection, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Sex discrimination, 

Source material, Special nuclear 

material, Waste treatment and disposal.

■ For the reasons set out above and 

under the authority of the AEA; the 

Energy Reorganization Act of 1974, as 

amended; the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended; and 5 U.S.C. 552 and 553; the 

NRC is adopting the following 

amendments to 10 CFR part 2.

PART 2—RULES OF PRACTICE FOR 

DOMESTIC LICENSING PROCEEDINGS 

AND ISSUANCES OF ORDERS

■ 1. The authority citation for Part 2 

continues to read as follows:

Authority: Secs. 161, 181, 68 Stat. 948, 

953, as amended (42 U.S.C. 2201, 2231); sec. 

191, as amended, Pub. L. 87–615, 76 Stat. 409 

(42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 

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

Section 2.101 also issued under secs. 53, 

62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 

933. 935, 936, 937, 938, as amended (42 

U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 

2135); sec. 114(f); Pub. L. 97–425, 96 Stat. 

2213, as amended (42 U.S.C. 10143(0); sec. 

102, Pub. L. 91–190, 83 Stat. 853, as amended 

(42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 

U.S.C. 5871). Section 2.102, 2.103, 2.104, 

2.105, 2.321 also issued under secs. 102, 163, 

104, 105, 183i, 189, 68 Stat. 936, 937, 938, 

954, 955, as amended (42 U.S.C. 2132, 2133, 

2134, 2135, 2233, 2239). Section 2.105 also 

issued under Pub. L. 97–415, 96 Stat. 2073 

(42 U.S.C. 2239). Sections 2.200–2.206 also 

issued under secs. 161 b. i, o, 182, 186, 234, 

68 Stat. 948–951, 955, 83 Stat. 444, as 

amended (42 U.S.C. 2201(b), (i), (o), 2236, 

2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 

5846). Section 2.205(j) also issued under Pub. 

L. 101–410, 104 Stat. 90, as amended by 

section 3100(s), Pub. L. 104–134, 110 Stat. 

1321–373 (28 U.S.C. 2461 note). Subpart C 

also issued under sec. 189, 68 Stat. 955 (42 

U.S.C. 2239). Sections 2.600–2.606 also 

issued under sec. 102, Pub. L. 91–190, 83 

Stat. 853, as amended (42 U.S.C. 4332). 

Section 2.700a also issued under 5 U.S.C. 

554. Sections 2.343, 2.346, 2.754, 2.712, also 

issued under 5 U.S.C. 557. Section 2.764 also 

issued under secs. 135, 141, Pub. L. 97–425, 

96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 

Section 2.790 also issued under sec. 103, 68 

Stat. 936, as amended (42 U.S.C. 2133) and 

5 U.S.C. 552. Sections 2.800 and 2.808 also 

issued under 5 U.S.C. 553, Section 2.809 also 

issued under 5 U.S.C. 553, and sec. 29, Pub, 

L. 85–256, 71 Stat. 579, as amended (42 

U.S.C. 2039). Subpart K 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). Subpart L also issued under sec. 189, 

68 Stat. 955 (42 U.S.C. 2239). Subpart M also 

issued under sec. 184 (42. U.S.C. 2234) and 

sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 

Subpart N also issued under sec. 189, 68 Stat. 

955 (42 U.S.C. 2239). Appendix A also issued 

under sec. 6, Pub. L. 91–550, 84 Stat. 1473 

(42 U.S.C. 2135).

■ 2. In § 2.205 paragraph (j) is revised to 

read as follows:

§ 2.205 Civil Penalties.

* * * * *

(j) Amount. A civil monetary penalty 

imposed under Section 234 of the 

Atomic Energy Act of 1954, as amended, 

or any other statute within the 

jurisdiction of the Commission that 

provides for the imposition of a civil 

penalty in an amount equal to the 

amount set forth in Section 234, may 

not exceed $130,000 for each violation. 

If any violation is a continuing one, 

each day of such violation shall 

constitute a separate violation for the 

purpose of computing the applicable 

civil penalty.

Dated in Rockville, Maryland, this 12th 

day of October, 2004.

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–23899 Filed 10–25–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 25

[Docket No. NM293, Special Conditions No. 

25–276–SC] 

Special Conditions: Gulfstream 

Aerospace Corporation Model G–1159, 

G–1159A, and G–1159B Series 

Airplanes; High Intensity Radiated 

Fields (HIRF)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes modified 

by Business Jet Technologies. These 

airplanes will have novel and unusual 

design features when compared to the 

state of technology envisioned in the 

airworthiness standards for transport 

category airplanes. The applicable 

airworthiness regulations do not contain 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62395

adequate or appropriate safety standards 

for the protection of these systems from 

the effects of high-intensity radiated 

fields (HIRF). These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that provided by the 

existing airworthiness standards.

DATES: The effective date of these 

special conditions is October 18, 2004. 

Comments must be received on or 

before November 26, 2004.

ADDRESSES: Comments on these special 

conditions may be mailed in duplicate 

to: Federal Aviation Administration, 

Transport Airplane Directorate, Attn: 

Rules Docket (ANM–113), Docket No. 

NM293, 1601 Lind Avenue SW., 

Renton, Washington, 98055–4056; or 

delivered in duplicate to the Transport 

Airplane Directorate at the above 

address. All comments must be marked: 

Docket No. NM293.

FOR FURTHER INFORMATION CONTACT:

Connie Beane, FAA, Standardization 

Branch, ANM–113, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington, 98055–4056; 

telephone (425) 227–2796; facsimile 

(425) 227–1232.

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA has determined that notice 

and opportunity for prior public 

comment is impracticable because these 

procedures would significantly delay 

certification of and delivery of the 

affected airplanes. In addition, the 

substance of these special conditions 

has been subject to the public comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

However, the FAA invites interested 

persons to participate in this rulemaking 

by submitting written comments, data, 

or views. The most helpful comments 

reference a specific portion of the 

special conditions, explain the reason 

for any recommended change, and 

include supporting data. We ask that 

you send us two copies of written 

comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 7:30 a.m., and 4 p.m., Monday 

through Friday, except Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

special conditions, include with your 

comments a pre-addressed, stamped 

postcard on which the docket number 

appears. We will stamp the date on the 

postcard and mail it back to you. 

Background 

On December 19, 2003, Business Jet 

Technologies, Tulsa, Oklahoma, applied 

to the FAA, Fort Worth Special 

Certification Office, for a supplemental 

type certificate (STC) to modify certain 

Gulfstream Aerospace Corporation 

Model G–1159, G–1159A, and G–1159B 

series airplanes to include the 

installation of two Shadin ADC–7000 

RVSM capable air data computers. The 

avionics/electronics and electrical 

systems installed in these airplanes 

have the potential to be vulnerable to 

high-intensity radiated fields (HIRF) 

external to the airplane. The subject 

Gulfstream Aerospace Corporation 

airplanes are T-tail, low swept-wing, 

small transport category airplanes. This 

series of airplanes operates with a 2-

pilot crew and can hold up to 19 

passengers. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Business Jet Technologies must 

show that the Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes, as 

changed, continue to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A12EA, or the applicable 

regulations in effect on the date of 

application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’

The certification basis for the 

modified Gulfstream Aerospace 

Corporation Model G–1159 airplanes 

include: 

Civil Air Regulations (CAR) 4b, dated 

December 31, 1953, including 

Amendments 4b–1 thru 4b–14. 

Special Regulation SR450A. 

Special Conditions in ‘‘Attachment 

A’’ of FAA letter to Grumman dated 

September 27, 1965. 

14 CFR (Code of Federal Regulations) 

25.1325 (effective February 1, 1965). 

Section 25.175 (effective March 1, 

1965), in lieu of CAR 4b.155(b). 

Section 36.7(d)(3)(ii). 

CAR 4b.450, cooling systems. 

Part 25, dated February 1, 1965, as 

amended by Amendments No. 25–2 

through 25–8, 25–10, 25–12, 25–16 thru 

25–22, 25–24, and 25–26. 

If the Administrator finds that the 

applicable airworthiness regulations 

(part 25, as amended) do not contain 

adequate or appropriate safety standards 

for the Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes, modified 

by Business Jet Technologies, because of 

a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, these Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes must 

comply with the fuel vent and exhaust 

emission requirements of part 34 and 

the noise certification requirements of 

part 36.

Special conditions, as defined in 14 

CFR 11.19, are issued in accordance 

with § 11.38, and become part of the 

airplane’s type certification basis in 

accordance with § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should Business Jet 

Technologies apply at a later date for a 

supplemental type certificate to modify 

any other model included on the same 

type certificate to incorporate the same 

or similar novel or unusual design 

feature, these special conditions would 

also apply to the other model under the 

provisions of § 21.101. 

Novel or Unusual Design Features 

The modified Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes will 

incorporate brand new avionics/

electronics and electrical systems that 

will perform critical functions. These 

systems may be vulnerable to HIRF 

external to the airplane. The current 

airworthiness standards of part 25 do 

not contain adequate or appropriate 

safety standards for the protection of 

this equipment from the adverse effects 

of HIRF. Accordingly, this system is 

considered to be a novel or unusual 

design feature. 

Discussion 

There is no specific regulation that 

addresses protection requirements for 

electrical and electronic systems from 

HIRF. Increased power levels from 

ground-based radio transmitters and the 

growing use of sensitive avionics/

62396 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

electronics and electrical systems to 

command and control airplanes have 

made it necessary to provide adequate 

protection. 

To ensure that a level of safety is 

achieved equivalent to that intended by 

the regulations incorporated by 

reference, special conditions are needed 

for the Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes. These 

special conditions require that new 

avionics/electronics and electrical 

systems that perform critical functions 

be designed and installed to preclude 

component damage and interruption of 

function due to both the direct and 

indirect effects of HIRF. 

High-Intensity Radiated Fields (HIRF) 

With the trend toward increased 

power levels from ground-based 

transmitters, and the advent of space 

and satellite communications coupled 

with electronic command and control of 

the airplane, the immunity of critical 

digital avionics/electronics and 

electrical systems to HIRF must be 

established. 

It is not possible to precisely define 

the HIRF to which the airplane will be 

exposed in service. There is also 

uncertainty concerning the effectiveness 

of airframe shielding for HIRF. 

Furthermore, coupling of 

electromagnetic energy to cockpitinstalled equipment through the cockpit 

window apertures is undefined. Based 

on surveys and analysis of existing HIRF 

emitters, an adequate level of protection 

exists when compliance with the HIRF 

protection special condition is shown 

with either paragraph 1 or 2 below: 

1. A minimum threat of 100 volts rms 

(root-mean-square) per meter electric 

field strength from 10 KHz to 18 GHz. 

a. The threat must be applied to the 

system elements and their associated 

wiring harnesses without the benefit of 

airframe shielding. 

b. Demonstration of this level of 

protection is established through system 

tests and analysis. 

2. A threat external to the airframe of 

the field strengths identified in the table 

below for the frequency ranges 

indicated. Both peak and average field 

strength components from the table are 

to be demonstrated.

Frequency 

Field strength

(volts per meter) 

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

Frequency 

Field strength

(volts per meter) 

Peak Average 

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

2GHz–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 of the root-mean-square (rms) over 

the complete modulation period. 

The threat levels identified above are 

the result of an FAA review of existing 

studies on the subject of HIRF, in light 

of the ongoing work of the 

Electromagnetic Effects Harmonization 

Working Group of the Aviation 

Rulemaking Advisory Committee. 

Applicability: As discussed above, 

these special conditions are applicable 

to the Gulfstream Aerospace 

Corporation Model G–1159, G–1159A, 

and G–1159B series airplanes. Should 

Business Jet Technologies apply at a 

later date for a supplemental type 

certificate to modify any other model 

included on Type Certificate No. A12EA 

to incorporate the same or similar novel 

or unusual design feature, these special 

conditions would apply to that model as 

well as under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Gulfstream Aerospace Corporation 

Model G–1159, G–1159A, and G–1159B 

series airplanes. It is not a rule of 

general applicability and affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

The substance of the special 

conditions for these airplanes has been 

subjected to the notice and comment 

procedure in several prior instances and 

has been derived without substantive 

change from those previously issued. 

Because a delay would significantly 

affect the certification of the airplane, 

which is imminent, the FAA has 

determined that prior public notice and 

comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions 

immediately. The FAA is requesting 

comments to allow interested persons to 

submit views that may not have been 

submitted in response to the prior 

opportunities for comment described 

above.

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 supplemental type 

certification basis for the Gulfstream 

Aerospace Corporation Model G–1159, 

G–1159A, and G–1159B series airplanes 

modified by Business Jet Technologies: 

1. Protection From Unwanted Effects 

of High-Intensity Radiated Fields 

(HIRF). Each electrical and electronic 

system that performs critical functions 

must be designed and installed to 

ensure that the operation and 

operational capability of these systems 

to perform critical functions are not 

adversely affected when the airplane is 

exposed to high intensity radiated 

fields. 

2. For the purpose of these special 

conditions, the following definition 

applies: 

Critical Functions: Functions whose 

failure would contribute to or cause a 

failure condition that would prevent the 

continued safe flight and landing of the 

airplane.

Issued in Renton, Washington, on October 

18, 2004. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 04–23861 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39

[Docket No. FAA–2004–18033; Directorate 

Identifier 2004–CE–16–AD; Amendment 39–

13828; AD 2004–21–08] 

RIN 2120–AA64

Airworthiness Directives; Cessna 

Aircraft Company Models 190, 195 (L–

126A,B,C), 195A, and 195B Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for all 

Cessna Aircraft Company (Cessna) 

Models 190, 195 (L–126A,B,C), 195A,