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

**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 unusualdesign 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 evacuatewhen 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


### 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.