488 Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE202, Special Condition 23–

142–SC] 

Special Conditions; Polskie Zaklady 

Lotnicze (PZL)–Mielec, Model M28 05; 

Protection of Systems for High 

Intensity Radiated Fields (HIRF)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued to Polskie Zaklady Lotnicze 

(PZL)–Mielec, for a Type Certificate for 

the M28 05 Skytruck airplane. This 

airplane will have novel and unusual 

design features when compared to the 

state of technology envisaged in the 

applicable airworthiness standards. 

These novel and unusual design 

features include the installation of 

electronic flight instrument system 

(EFIS) displays and Attitude Heading 

Reference System (AHRS) for which the 

applicable regulations do not contain 

adequate or appropriate airworthiness 

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 

the airworthiness standards applicable 

to these airplanes.

DATES: The effective date of these 

special conditions is December 18, 

2003. Comments must be received on or 

before February 5, 2004.

ADDRESSES: Comments may be mailed 

in duplicate to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket Clerk, 

Docket No. CE202, Room 506, 901 

Locust, Kansas City, Missouri 64106. All 

comments must be marked: Docket No. 

CE202. Comments may be inspected in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m.

FOR FURTHER INFORMATION CONTACT: Wes 

Ryan, Aerospace Engineer, Standards 

Office (ACE–110), Small Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4127.

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the approval design and, 

thus, delivery of the affected aircraft. 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. 

Comments Invited 

Interested persons are invited to 

submit such written data, views, or 

arguments, as they may desire. 

Communications should identify the 

regulatory docket or notice number and 

be submitted in duplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments will be considered by the 

Administrator. The special conditions 

may be changed in light of the 

comments received. All comments 

received will be available in the Rules 

Docket for examination by interested 

persons, both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking will be filed in the 

docket. Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this notice 

must include a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. CE202.’’ The postcard will 

be date stamped and returned to the 

commenter. 

Background 

HIRF protection is recognized as a 

Certification Review Item (CRI) under 

the Bilateral Aviation Agreement in 

place between the FAA and the Polish 

Certification Authority, or CAO. As part 

of the FAA validation process for 

issuance of a Type Certificate in the 

United States for foreign applicants, the 

FAA is issuing these special conditions 

to address special certification review 

items for novel and unusual features of 

the PZL–Mielec M28 05 Skytruck. The 

proposed type design incorporates novel 

or unusual design features such as an 

EFIS and AHRS that are vulnerable to 

HIRF external to the airplane. 

Type Certification Basis 

Under the provisions of 14 CFR part 

21, § 21.17 for TC, PZL–Mielec, must 

show that the M28 05 Skytruck aircraft 

meets the following provisions, or the 

applicable regulations in effect on the 

date of application for the M28 05 

Skytruck: 14 CFR part 23, dated 

February 1, 1965, as amended through 

Amendment 23–42, effective February 

4, 1991; 14 CFR part 34, dated 

September 10, 1990, as amended 

through Amendment 34–1, effective July 

31, 1995; and 14 CFR part 36, dated 

December 1, 1969, as amended through 

amendment in effect on the date of 

issuance of the U.S. type certificate 

(currently Amendment 36–21, effective 

December 28, 1995); exemptions, if any; 

and the special conditions adopted by 

this rulemaking action. 

Discussion 

If the Administrator finds that the 

applicable airworthiness standards do 

not contain adequate or appropriate 

safety standards because of novel or 

unusual design features of an airplane, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38 after public 

notice and become part of the type 

certification basis in accordance with 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model already 

included on the same type certificate to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under the provisions of § 21.101. 

Novel or Unusual Design Features 

PZL–Mielec plans to incorporate 

certain novel and unusual design 

features into an airplane for which the 

airworthiness standards do not contain 

adequate or appropriate safety standards 

for protection from the effects of HIRF. 

These features include EFIS, which are 

susceptible to the HIRF environment, 

that were not envisaged by the existing 

regulations for this type of airplane.

Protection of Systems from High 

Intensity Radiated Fields (HIRF): Recent 

advances in technology have given rise 

to the application in aircraft designs of 

advanced electrical and electronic 

systems that perform functions required 

for continued safe flight and landing. 

Due to the use of sensitive solid state 

advanced components in analog and 

digital electronics circuits, these 

advanced systems are readily responsive 

to the transient effects of induced 

electrical current and voltage caused by 

the HIRF. The HIRF can degrade 

electronic systems performance by 

damaging components or upsetting 

system functions. 

Furthermore, the HIRF environment 

has undergone a transformation that was 

Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Rules and Regulations 489

not foreseen when the current 

requirements were developed. Higher 

energy levels are radiated from 

transmitters that are used for radar, 

radio, and television. Also, the number 

of transmitters has increased 

significantly. There is also uncertainty 

concerning the effectiveness of airframe 

shielding for HIRF. Furthermore, 

coupling to cockpit-installed equipment 

through the cockpit window apertures is 

undefined. 

The combined effect of the 

technological advances in airplane 

design and the changing environment 

has resulted in an increased level of 

vulnerability of electrical and electronic 

systems required for the continued safe 

flight and landing of the airplane. 

Effective measures against the effects of 

exposure to HIRF must be provided by 

the design and installation of these 

systems. The accepted maximum energy 

levels in which civilian airplane system 

installations must be capable of 

operating safely are based on surveys 

and analysis of existing radio frequency 

emitters. These special conditions 

require that the airplane be evaluated 

under these energy levels for the 

protection of the electronic system and 

its associated wiring harness. These 

external threat levels, which are lower 

than previous required values, are 

believed to represent the worst case to 

which an airplane would be exposed in 

the operating environment. 

These special conditions require 

qualification of systems that perform 

critical functions, as installed in aircraft, 

to the defined HIRF environment in 

paragraph 1 or, as an option to a fixed 

value using laboratory tests, in 

paragraph 2, as follows: 

(1) The applicant may demonstrate 

that the operation and operational 

capability of the installed electrical and 

electronic systems that perform critical 

functions are not adversely affected 

when the aircraft is exposed to the HIRF 

environment defined below:

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 

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 

2 GHz–4 GHz ................... 3000 200 

Frequency 

Field Strength 

(volts per 

meter) 

Peak Average 

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 root-mean-square (rms) values. 

(2) The applicant may demonstrate by 

a system test and analysis that the 

electrical and electronic systems that 

perform critical functions can withstand 

a minimum threat of 100 volts per 

meter, electrical field strength, from 10 

kHz to 18 GHz. When using this test to 

show compliance with the HIRF 

requirements, no credit is given for 

signal attenuation due to installation. 

A preliminary hazard analysis must 

be performed by the applicant, for 

approval by the FAA, to identify either 

electrical or electronic systems that 

perform critical functions. The term 

‘‘critical’’ means those functions whose 

failure would contribute to, or cause, a 

failure condition that would prevent the 

continued safe flight and landing of the 

airplane. The systems identified by the 

hazard analysis that perform critical 

functions are candidates for the 

application of HIRF requirements. A 

system may perform both critical and 

non-critical functions. Primary 

electronic flight display systems, and 

their associated components, perform 

critical functions such as attitude, 

altitude, and airspeed indication. The 

HIRF requirements apply only to critical 

functions. 

Compliance with HIRF requirements 

may be demonstrated by tests, analysis, 

models, similarity with existing 

systems, or any combination of these. 

Service experience alone is not 

acceptable since normal flight 

operations may not include an exposure 

to the HIRF environment. Reliance on a 

system with similar design features for 

redundancy as a means of protection 

against the effects of external HIRF is 

generally insufficient since all elements 

of a redundant system are likely to be 

exposed to the fields concurrently.

Applicability 

As discussed above, these special 

conditions are applicable to PZL–Mielec 

in Poland. Should PZL–Mielec apply at 

a later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. 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 these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. For this reason, and 

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 upon 

issuance. 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 23 

Aircraft, Aviation safety, Signs and 

symbols.

Citation

■ The authority citation for these special 

conditions is as follows:

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

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

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 the PZL–Mielec M28 05 

Skytruck airplane. 

1. Protection of Electrical and 

Electronic Systems from High Intensity 

Radiated Fields (HIRF). Each system 

that performs critical functions must be 

designed and installed to ensure that the 

operations, and operational capabilities 

of these systems to perform critical 

functions, are not adversely affected 

when the airplane is exposed to high 

intensity radiated electromagnetic fields 

external to the airplane. 

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.

490 Federal Register / Vol. 69, No. 3 / Tuesday, January 6, 2004 / Rules and Regulations 

Issued in Kansas City, Missouri on 

December 18, 2003. 

Michael Gallagher, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–240 Filed 1–5–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM272; Special Conditions No. 

25–256–SC] 

Special Conditions: Airbus Model A300 

B4–600, –B4–600R, –F4–600R Series 

Airplanes; and Model A310–200 and 

–300 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 Airbus model A300 B4–600, 

–B4–600R, and –F4–600R (collectively 

called A300–600) series airplanes; and 

A310–200 and –300 series airplanes 

modified by Canard Aerospace 

Corporation. These modified airplanes 

will have a novel or unusual design 

feature when compared to the state of 

technology envisioned in the 

airworthiness standards for transport 

category airplanes. The modification 

incorporates the installation of 

Honeywell Air Data Inertial Reference 

Units (ADIRU) that perform critical 

functions. The applicable airworthiness 

regulations do not contain 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 established by the 

existing airworthiness standards.

DATES: The effective date of these 

special conditions is December 29, 

2003. Comments must be received on or 

before February 5, 2004.

ADDRESSES: Comments on these special 

conditions may be mailed in duplicate 

to: Federal Aviation Administration, 

Transport Airplane Directorate, 

Attention: Rules Docket (ANM–113), 

Docket No. NM272, 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. NM272.

FOR FURTHER INFORMATION CONTACT: Greg 

Dunn, FAA, Airplane and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2799; 

facsimile (425) 227–1320.

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 the airplane and thus 

delivery of the affected aircraft. 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 November 14, 2003, Canard 

Aerospace Corporation, 13050 Pioneer 

Trail, Eden Prairie, Minnesota 55347, 

applied for a Supplemental Type 

Certificate (STC) to modify Airbus 

model A300–600 series; and A310–200, 

–300 series airplanes approved under 

Type Certificate No. A35EU. The Airbus 

A300 and A310 series airplanes are a 

large transport category airplane. The 

wide body twin-engine, twin-aisle 

aircraft family offers configurations for 

220 to 360 seats or freighter versions. 

These airplanes have maximum take-off 

weights of up to 378,530 pounds and are 

powered by either General Electric CF6–

80C2 or Pratt & Whitney JT9D/PW4000 

turbofan engines. The modification 

incorporates the installation of the 

Honeywell Air Data Inertial Reference 

Units (ADIRU) to replace aging Inertial 

Reference Units (IRU). The ADIRU 

provide flight critical functions by 

determining the airplane’s attitude, 

heading, and position. The avionics/

electronics and electrical systems 

installed in this airplane have the 

potential to be vulnerable to highintensity radiated fields (HIRF) external 

to the airplane. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Canard Aerospace must show 

the Airbus A300 and A310 series 

airplanes, as changed, continue to meet 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A35EU, 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 Airbus A300–600 series 

airplanes includes 14 CFR part 25, dated 

February 1, 1965, as amended by 

Amendments 25–1 through 25–74; 14 

CFR part 36 effective December 1, 1969, 

including Amendments 36–1 through 

36–22. The certification basis for the 

modified Airbus A310–200 and –300 

series airplanes includes 14 CFR part 

25, dated February 1, 1965, as amended 

by Amendments 25–1 through 25–54; 14 

CFR part 36 effective December 1, 1969, 

including Amendments 36–1 through 

36–12. In addition to the basis cited for 

all of the above models, the certification 

basis includes special conditions, 

exceptions, and variations noted in 

Type Certificate Data Sheet (TCDS) 

A35EU. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 25, as amended) do not 

contain adequate or appropriate safety 

standards for the Airbus model A300–

600 series, and A310–200 and –300 

series airplanes 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