67636 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 

Federal

Reserve Bank Rate Effective 

Boston ................ 3.50 Nov. 10, 2004. 

New York ........... 3.50 Nov. 10, 2004. 

Philadelphia ....... 3.50 Nov. 10, 2004. 

Cleveland ........... 3.50 Nov. 10, 2004. 

Richmond ........... 3.50 Nov. 10, 2004. 

Atlanta ................ 3.50 Nov. 10, 2004. 

Chicago .............. 3.50 Nov. 10, 2004. 

St. Louis ............. 3.50 Nov. 12, 2004. 

Minneapolis ........ 3.50 Nov. 10, 2004. 

Kansas City ........ 3.50 Nov. 10, 2004. 

Dallas ................. 3.50 Nov. 12, 2004. 

San Francisco .... 3.50 Nov. 10, 2004. 

* * * * *

By order of the Board of Governors of the 

Federal Reserve System, November 15, 2004. 

Jennifer J. Johnson, 

Secretary of the Board.

[FR Doc. 04–25658 Filed 11–18–04; 8:45 am] 

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 23

[Docket No. CE213; Special Conditions No. 

23–152–SC] 

Special Conditions: Thielert Aircraft 

Engines; Cessna Model 172 K, L, M, N, 

P, R, and S Series Airplanes; 

Installation of Thielert TAE–125–01 

Aircraft Diesel Engine for Full 

Authority Digital Engine Control 

(FADEC) System and the Protection of 

the System From the Effects of 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 Thielert Aircraft Engines, 

GmbH, Lichtenstein, Germany for a 

supplemental type certificate for the 

Cessna Model 172 series airplanes. The 

supplemental type certificate for these 

airplanes will have a novel or unusual 

design feature associated with the 

installation of an aircraft diesel engine 

that uses an electronic engine control 

system instead of a mechanical control 

system. 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: The effective date of these 

special conditions is: November 1, 2004. 

Comments must be received on or 

before December 20, 2004.

ADDRESSES: Comments on this proposal 

may be mailed in duplicate to: Federal 

Aviation Administration (FAA), 

Regional Counsel, ACE–7, Attention: 

Rules Docket, Docket No. CE213, 901 

Locust, Room 506, Kansas City, 

Missouri 64106, or delivered in 

duplicate to the Regional Counsel at the 

above address. Comments must be 

marked: Docket No. CE213. 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: Pete 

Rouse, Federal Aviation Administration, 

Aircraft Certification Service, Small 

Airplane Directorate, ACE–111, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4135, fax: (816) 329–4090.

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 design approval 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 special condition 

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. CE213.’’ The postcard will 

be date stamped and returned to the 

commenter. 

Background 

On February 11, 2002, Thielert 

Aircraft Engines applied for a 

supplemental type certificate for the 

Cessna Model 172 series airplanes. The 

supplemental type certificate will allow 

Thielert Aircraft Engines to install a 

Thielert Aircraft engine (TAE 125–01 

aircraft diesel engine (ADE)) that is 

equipped with an electronic engine 

control system with full authority 

capability in these airplanes. 

Type Certification Basis 

Under the provisions of 14 CFR, part 

21, § 21.101, Thielert Aircraft Engines 

must show that the Cessna Model 172 

meets the applicable provisions of the 

original certification basis of the Cessna 

Model 172, as listed on Type Certificate 

No. 3A12, issued on November 4, 1955; 

exemptions, if any; and the special 

conditions adopted by this rulemaking 

action. The Cessna Model 172 was 

originally certified under part 3 of the 

Civil Air Regulations. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., CAR 3; 14 CFR, part 23) do not 

contain adequate or appropriate safety 

standards for the Cessna 172 because of 

a novel or unusual design feature, 

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, and become 

part of the certification basis for the 

supplemental type certification basis in 

accordance with § 21.101. 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 

models that are listed on the same type 

certificate to incorporate the same novel 

or unusual design features, the special 

conditions would also apply under the 

provisions of § 21.101. 

Novel or Unusual Design Features 

The Thielert Aircraft Engines 

modified Cessna Model 172 will 

incorporate a novel or unusual design 

feature, an engine that includes an 

electronic control system with full 

authority digital engine control (FADEC) 

capability. 

Many advanced electronic systems are 

prone to either upsets or damage, or 

both, at energy levels lower than analog 

systems. The increasing use of high 

power radio frequency emitters 

mandates requirements for improved 

high intensity radiated fields (HIRF) 

protection for electrical and electronic 

equipment. Since the electronic engine 

control system used on the Thielert 

Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 67637

Aircraft Engines modified Cessna Model 

172 will perform critical functions, 

provisions for protection from the 

effects of HIRF should be considered 

and, if necessary, incorporated into the 

airplane design data. The FAA policy 

contained in Notice 8110.71, dated 

April 2, 1998, establishes the HIRF 

energy levels that airplanes will be 

exposed to in service. The guidelines set 

forth in this notice are the result of an 

Aircraft Certification Service review of 

existing policy on HIRF, in light of the 

ongoing work of the Aviation 

Rulemaking Advisory Committee 

(ARAC) Electromagnetic Effects 

Harmonization Working Group 

(EEHWG). The EEHWG adopted a set of 

HIRF environment levels in November 

1997 that were agreed upon by the FAA, 

the Joint Aviation Authorities (JAA), 

and industry participants. As a result, 

the HIRF environments in this notice 

reflect the environment levels 

recommended by this working group. 

This notice states that a FADEC is an 

example of a system that should address 

the HIRF environments. 

Even though the control system will 

be certificated as part of the engine, the 

installation of an engine with an 

electronic control system requires 

evaluation due to the possible effects on 

or by other airplane systems (e.g., radio 

interference with other airplane 

electronic systems, shared engine and 

airplane power sources). The regulatory 

requirements in 14 CFR, part 23 for 

evaluating the installation of complex 

systems, including electronic systems, 

are contained in § 23.1309. However, 

when § 23.1309 was developed, the use 

of electronic control systems for engines 

was not envisioned; therefore, the 

§ 23.1309 requirements were not 

applicable to systems certificated as part 

of the engine (reference § 23.1309(f)(1)). 

Also, electronic control systems often 

require inputs from airplane data and 

power sources and outputs to other 

airplane systems (e.g., automated 

cockpit powerplant controls such as 

mixture setting). Although the parts of 

the system that are not certificated with 

the engine could be evaluated using the 

criteria of § 23.1309, the integral nature 

of systems such as these makes it 

unfeasible to evaluate the airplane 

portion of the system without including 

the engine portion of the system. 

However, § 23.1309(f)(1) again prevents 

complete evaluation of the installed 

airplane system since evaluation of the 

engine system’s effects is not required. 

Therefore, special conditions are 

proposed for the Thielert Aircraft 

Engines modified Cessna Model 172 

airplane to provide HIRF protection and 

to evaluate the installation of the 

electronic engine control system for 

compliance with the requirements of 

§ 23.1309(a) through (e) at Amendment 

23–49.

Applicability 

As discussed above, these special 

conditions are applicable to the Thielert 

Aircraft Engines modified Cessna Model 

172. Should Thielert Aircraft Engines 

apply at a later date for a supplemental 

type certificate to modify any other 

model included on the same type 

certificate as the Thielert Aircraft 

Engines modified Cessna Model 172 to 

incorporate the same novel or unusual 

design features, 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, the Cessna Model 172 K, L, M, 

N, P, R, and S series airplanes. It is not 

a rule of general applicability, and it 

affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register. However the 

FAA finds that good cause exists to 

make these special conditions effective 

upon issuance.

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 21.101; 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 

supplemental type certification basis for 

Thielert Aircraft Engines modified 

Cessna Model 172 airplanes. 

1. High Intensity Radiated Fields 

(HIRF) Protection. In showing 

compliance with 14 CFR part 21 and the 

airworthiness requirements of 14 CFR 

part 23, protection against hazards 

caused by exposure to HIRF fields for 

the full authority digital engine control 

system, which performs critical 

functions, must be considered. To 

prevent this occurrence, the electronic 

engine control system must be designed 

and installed to ensure that the 

operation and operational capabilities of 

this critical system are not adversely 

affected when the airplane is exposed to 

high energy radio fields. 

At this time, the FAA and other 

airworthiness authorities are unable to 

precisely define or control the HIRF 

energy level to which the airplane will 

be exposed in service; therefore, the 

FAA hereby defines two acceptable 

interim methods for complying with the 

requirement for protection of systems 

that perform critical functions. 

(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 

external HIRF threat environment 

defined in the following table:

Field strength

(volts per meter) 

Frequency 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–2GHz ................ 2000 200 

2 GHz–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 root-mean-square (rms) values. 

or,

(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 

peak electrical strength, without the 

benefit of airplane structural shielding, 

in the frequency range of 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. 

Data used for engine certification may 

be used, when appropriate, for airplane 

certification. 

2. Electronic Engine Control System.

The installation of the electronic engine 

control system must comply with the 

requirements of § 23.1309(a) through (e) 

at Amendment 23–49. The intent of this 

requirement is not to re-evaluate the 

inherent hardware reliability of the 

control itself, but rather determine the 

effects, including environmental effects 

67638 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 

addressed in § 23.1309(e), on the 

airplane systems and engine control 

system when installing the control on 

the airplane. When appropriate, engine 

certification data may be used when 

showing compliance with this 

requirement.

Issued in Kansas City, Missouri, on 

November 1, 2004. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–25698 Filed 11–18–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19576; Airspace 

Docket No. 04–ACE–66] 

Modification of Class E Airspace; 

Boone, IA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR part 71) by revising Class E 

airspace at Boone, IA. A review of 

controlled airspace at Boone, IA 

revealed it does not comply with criteria 

for 700 feet above ground level (AGL) 

airspace required to protect aircraft 

executing Standard Instrument 

Approach Procedures (SIAPs) to Boone 

Municipal Airport. The review also 

identified noncompliance with criteria 

for diverse departures from the airport 

and other discrepancies in the legal 

description of airspace area. 

The intended effect of this rule is 

provide controlled airspace of 

appropriate dimensions to protect 

aircraft departing from and executing 

SIAPs to Boone Municipal Airport. It 

also corrects discrepancies in the legal 

description of Boone, IA Class E 

airspace area and brings the airspace 

area and legal description into 

compliance with FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, March 17, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–19576/

Airspace Docket No. 04–ACE–66, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Boone, IA. An examination of controlled 

airspace for Boone Municipal Airport 

revealed it does not comply with FAA 

Order 7400.2E, Procedures for Handling 

Airspace Matters, and FAA Order 

8260.19C, Flight Procedures and 

Airspace, criteria for 700 feet AGL 

airspace required to protect aircraft 

executing SIAPs. The review also 

identified noncompliance with FAA 

Order 7400.2E criteria for diverse 

departures from the airport and other 

discrepancies in the legal description of 

the airspace area. 

This amendment modifies the 

airspace area from a 6.6-mile radius to 

an 6.5-mile radius of Boone Municipal 

Airport, adds northeast and southeast 

extensions to the airspace area, modifies 

the northwest extension and brings the 

legal description of the Boone, IA Class 

E airspace area into compliance with 

FAA Orders 7400.2E and 8260.19C. This 

area will be depicted on appropriate 

aeronautical charts. Class E airspace 

areas extending upward from 700 feet or 

more above the surface of the earth are 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated August 30, 

2004, and effective September 16, 2004, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period.

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19576/Airspace 

Docket No. 04–ACE–66.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant