Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70887

AMSAFE, Inc. apply at a later date for 

a supplemental type certificate to 

modify any other model on Type 

Certificate number A22NM to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

For Final Special Conditions Effective 

Upon Issuance 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the AMSAFE, Inc. 

Inflatable Five-Point Seatbelt Airbag 

Restraint on Sky International models 

A1, A1A, and A1B is imminent, the 

FAA finds that good cause exists to 

make these special conditions effective 

upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on the Sky 

International models A1, A1A, and A1B. 

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.

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 for STC; 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 Sky 

International models A1, A1A, as 

modified by AMSAFE, Inc. Five-Point 

Safety Belt Restraint System 

Incorporating an Inflatable Airbag for 

the Pilot and Co-pilot Seats of the Sky 

International models A1, A1A, and A1B.

1. It must be shown that the inflatable 

lapbelt will deploy and provide 

protection under crash conditions 

where it is necessary to prevent serious 

head injuries. Compliance will be 

demonstrated using the deceleration 

pulse specified in § 23.562, which may 

be modified as follows: 

a. The peak longitudinal deceleration 

may be reduced, however the onset rate 

of the deceleration must be equal to or 

greater than the crash pulse identified in 

§ 23.562. 

b. The peak longitudinal deceleration 

must be above the deployment 

threshold of the crash sensor, and equal 

to or greater than the forward static 

design longitudinal load factor required 

by the original certification basis of the 

airplane. The means of protection must take 

into consideration a range of stature 

from a 5th percentile female to a 95th 

percentile male. The inflatable restraint 

must provide a consistent approach to 

energy absorption throughout that 

range. 2. The inflatable restraint must 

provide adequate protection for each 

occupant. In addition, unoccupied seats 

that have an active restraint must not 

constitute a hazard to any occupant. 3. The design must prevent the 

inflatable restraint from being 

incorrectly buckled and/or incorrectly 

installed such that the airbag would not 

properly deploy. Alternatively, it must 

be shown that such deployment is not 

hazardous to the occupant and will 

provide the required protection. 4. It must be shown that the inflatable 

restraint system is not susceptible to 

inadvertent deployment as a result of 

wear and tear or the inertial loads 

resulting from in-flight or ground 

maneuvers (including gusts and hard 

landings) that are likely to be 

experienced in service. 5. It must be shown (or be extremely 

improbable) that an inadvertent 

deployment of the restraint system 

during the most critical part of the flight 

does not impede the pilot’s ability to 

maintain control of the airplane or cause 

an unsafe condition (or hazard to the 

airplane). In addition, a deployed 

inflatable restraint must be at least as 

strong as a Technical Standard Order 

(C114) 5-point harness. 6. It must be shown that deployment 

of the inflatable restraint system is not 

hazardous to the occupant or result in 

injuries that could impede rapid egress. 

This assessment should include 

occupants whose restraint is loosely 

fastened. 

7. It must be shown that an 

inadvertent deployment that could 

cause injury to a standing or sitting 

person is improbable. 8. It must be shown that the inflatable 

restraint will not impede rapid egress of 

the occupants 10 seconds after its 

deployment. 9. For the purposes of complying with 

HIRF and lightning requirements, the 

inflatable restraint system is considered 

a critical system since its deployment 

could have a hazardous effect on the 

airplane. 10. It must be shown that the 

inflatable restraints will not release 

hazardous quantities of gas or 

particulate matter into the cabin. 11. The inflatable restraint system 

installation must be protected from the 

effects of fire such that no hazard to 

occupants will result. 

12. There must be a means to verify 

the integrity of the inflatable restraint 

activation system prior to each flight or 

it must be demonstrated to reliably 

operate between inspection intervals. 

13. A life limit must be established for 

appropriate system components. 

14. Qualification testing of the 

internal firing mechanism must be 

performed at vibration levels 

appropriate for a general aviation 

airplane.

Issued in Kansas City, Missouri on 

November 24, 2004. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Services.

[FR Doc. 04–26979 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 73

[Docket No. FAA–2004–19438; Airspace 

Docket No. 04–ASO–9] 

RIN 2120–AA66

Amendment to Restricted Areas 2932, 

2933, 2934, and 2935; Cape Canaveral, 

FL

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule, correction.

SUMMARY: This action corrects a final 

rule published in the Federal Register

on November 23, 2004 (69 FR 68075). In 

that rule, the effective date was 

inadvertently published as January 20, 

2004. The correct effective date is 

January 20, 2005. This action corrects 

that error.

DATES: Effective 0901 UTC, January 20, 

2005.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, Office of 

System Operations and Safety, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783.

SUPPLEMENTARY INFORMATION: On 

November 23, 2004, Airspace Docket 

No. 04–ASO–9 (69 FR 68075), was 

published amending Restricted Areas 

2932, 2933, 2934, and 2935, Cape 

Canaveral, FL. In that rule, the effective 

date was inadvertently published as 

January 20, 2004. The correct effective

70888 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

date is January 20, 2005. This action 

corrects that error.

Correction to Final Rule

■ Accordingly, pursuant to the authority 

delegated to me, the effective date for 

Airspace Docket No. 04–ASO–9, as 

published in the Federal Register on 

November 23,2004 (69 FR 68075), is 

corrected as follows:

■ On page 68075, correct the effective 

date to read January 20, 2005.

Issued in Washington, DC, on December 2, 

2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–26978 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF STATE

22 CFR Parts 122 and 129

[Public Notice 4920] 

RIN 1400–AB97

Amendment to the International Traffic 

in Arms Regulations: Registration Fee 

Change

AGENCY: Department of State.

ACTION: Interim rule and request for 

comments. 

SUMMARY: This rule amends the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR parts 122 

and 129) by increasing the registration 

fees, changing the registration renewal 

period, and making other minor 

administrative changes.

DATES: Effective Date: This interim rule 

takes effect on December 8, 2004. 

Comment Date: The Department will 

accept written comments, which must 

be received no later than January 7, 

2005.

ADDRESSES: Interested parties are 

invited to submit written comments to 

the Department of State, Directorate of 

Defense Trade Controls, Office of 

Defense Trade Controls Management, 

ATTN: ITAR Regulatory Change, 22 CFR 

parts 122 and 129, 13th Floor, SA–1, 

Washington, DC 20522–0112. E-mail 

comments may be sent to 

DTCPResponseTeam@state.gov with the 

subject line: ITAR Regulatory Change, 

22 CFR parts 122 and 129. Persons with 

access to the Internet may also view this 

notice by going to the regulations.gov 

Web site at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

David Trimble, Directorate of Defense 

Trade Controls Compliance, Bureau of 

Political-Military Affairs, Department of 

State (202) 663–2807 or FAX (202) 261–

8199. ATTN: ITAR Regulatory Change, 

22 CFR part 122 and part 129.

SUPPLEMENTARY INFORMATION: This 

interim rule increases the fee charged to 

those persons required to register with 

the U.S. State Department, Directorate of 

Defense Trade Controls in accordance 

with Section 38 of the Arms Export 

Control Act (AECA) (22 U.S.C. 2778). 

ITAR registration fees are set forth at 22 

CFR 122.3 and have not been adjusted 

since 1997. Registration fees (including 

4-year renewals) received (or 

postmarked) prior to the effective date 

of this amendment will be honored 

under the previous fee rates. Also, this 

amendment changes the maximum 

registration period from up to four years 

to two years. 

This amendment revises 22 CFR 

122.2(a) and 122.3(a) and 129.4(a) to 

reference Form DS–2032 (Statement of 

Registration), in lieu of Form DSP–9 as 

the applicable form for registration 

purposes. The amendment to 22 CFR 

122.2(a) also reflects that the State 

Department will notify the registrant if 

the Registration Statement package is 

incomplete, but will no longer return 

incomplete materials to the sender. 22 

CFR 122.2(c) is amended by removing 

its reference to 22 CFR 60.2(c) because 

that provision no longer exists. 

This amendment revises 22 CFR 

122.3(a) to change the maximum 

registration period to two years from 

four years. In addition, this amendment 

removes 22 CFR 122.3(c). The State 

Department will no longer provide fee 

refunds to registrants that cease to 

engage in the manufacture or export of 

defense articles and defense services. 

Regulatory Analysis and Notices 

This amendment is made in 

accordance to the following regulations: 

Administrative Procedure Act: The 

Department’s implementation of this 

regulation as an interim rule with 

request for comments is based upon the 

‘‘good cause’’ exceptions found at 5 

U.S.C. 553(b)(B) and (d)(3). The 

Department has determined that notice 

and public procedure thereon in 

advance of the effective date are 

impracticable and contrary to the public 

interest as the fees are needed 

immediately to fund regulatory efforts to 

help ensure terrorist entities and state 

sponsors of terrorism do not gain access 

to exported U.S. defense articles and 

services. Further, the funds are vital to 

controlling sensitive weapons and 

defense technology needed to protect 

the national security interests of the 

United States. 

Regulatory Flexibility Act: The 

Department, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this regulation 

and, by approving it, certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandated Reform Act of 

1995: This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory 

Enforcement Act of 1996: This rule is 

not a major rule as defined by section 

804 of the Small Business Regulatory 

Enforcement Act of 1996. This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets.

Executive Order 12866: The 

Department of State does not consider 

this rule to be a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

section 3(f), Regulatory Planning and 

Review. In addition, the Department is 

exempt from Executive Order 12866 

except to the extent that it is 

promulgating regulations in conjunction 

with a domestic agency that are 

significant regulatory actions. The 

Department has nevertheless reviewed 

the regulation to ensure its consistency 

with the regulatory philosophy and 

principles set forth in the Executive 

Order. 

Executive Order 12988, Civil Justice 

Reform: The Department has reviewed 

this regulation in light of sections 3(a) 

and 3(b)(2) of Executive Order No. 

12988 to eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13132: This 

regulation will not have substantial 

direct effects on the States, 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 rule does not have 

sufficient federalism implications to 

require consultations or warrant the 

preparation of a federalism summary 

impact statement. 

Executive Order 12372: This 

regulation does not require review