Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Proposed Rules 29963 

of 6,000 pounds maximum weight or 

less because ‘‘experience seems to 

indicate that this rule imposes a burden 

upon the manufacturers not 

commensurate with the safety gained.’’ 

The requirement for Function and 

Reliability (F&R) testing, and the 

exception for airplanes of 6,000 pounds 

or less maximum weight, is now found 

in 14 CFR part 21, section 21.35(b)(2). 

The decision to exempt airplanes of 

6,000 pounds maximum weight or less 

from F&R testing was based on the state 

of technology envisioned in 1951. At 

that time, airplanes of 6,000 pounds 

maximum weight or less were expected 

to be used mainly as personal airplanes. 

They used simple, ‘‘stand-alone’’ 

systems whose failure was more likely 

to be an inconvenience than an 

accident. The situation is different 

today. Technological advances allow 

airplanes weighing less than 6,000 

pounds to be more complex and 

integrated than some transports. New 

part 23 airplanes can incorporate 

sophisticated equipment not previously 

used in a part 23 aircraft. Additionally, 

part 23 airplanes are being used for 

business and commercial transportation. 

They should no longer be envisioned 

mainly as personal airplanes. Therefore, 

a special condition to require F&R 

testing for airplanes weighing 6,000 

pounds or less is needed where the level 

of sophistication is beyond evaluating 

failures by inspection. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Cirrus Design Corporation must show 

that the SF50 meets the applicable 

provisions of part 23, as amended by 

Amendment 23–1 through 23–59 

thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 23) do not contain adequate or 

appropriate safety standards for the SF 

50 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, the SF50 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 § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.17(a)(2). 

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 novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The SF 50 will incorporate the 

following novel or unusual design 

features: Complex design and 

performance features consistent with 

technologically advanced aircraft over 

6,000 pounds. 

Applicability 

As discussed above, these special 

conditions are applicable to the SF50. 

Should Cirrus Design Corporation 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. 

Conclusion 

This action affects only certain novel 

or unusual design features on model 

SF50 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. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

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 Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following Special conditions as part of 

the type certification basis for Cirrus 

Design Corporation model SF50 

airplanes. 

1. Function and Reliability Testing 

Flight tests: In place of 14 CFR part 

21.35(b)(2), the following applies: 

(b) Upon showing compliance with 

paragraph (a) of 14 CFR part 21.35(a), 

the applicant must make all flight tests 

that the Administrator finds necessary— 

(2) For aircraft to be certificated under 

this subchapter to determine whether 

there is reasonable assurance that the 

aircraft, its components, and its 

equipment are reliable and function 

properly. 

Additionally the provisions of 14 CFR 

part 21.35(c) and 21.35(f) then apply: 

(c) Each applicant must, if practicable, 

make the tests described in paragraph 

(b)(2) of this section upon the aircraft 

that was used to show compliance 

with— 

(1) Paragraph (b)(1) of this section; 

and 

(2) —. 

(f) The flight tests prescribed in 

paragraph (b)(2) of this section must 

include— 

(1) For aircraft incorporating turbine 

engines of a type not previously used in 

a type certificated aircraft, at least 300 

hours of operation with a full 

complement of engines that conform to 

a type certificate; and 

(2) For all other aircraft, at least 150 

hours of operation. 

Issued in Kansas City, Missouri on May 18, 

2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–12875 Filed 5–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0387; Airspace 

Docket No. 10–ANM–1] 

Proposed Revocation of Class E 

Airspace; Eastsound, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

remove Class E surface airspace at Orcas 

Island Airport, Eastsound, WA. 

Controlled airspace already exists in the 

Eastsound, WA, area to accommodate 

the safety and management of aircraft 

operations at Orcas Island Airport. 

DATES: Comments must be received on 

or before July 12, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0387; Airspace 

Docket No. 10–ANM–1, at the beginning 

of your comments. You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

29964 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed 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 (FAA Docket No. FAA 

2010–0387 and Airspace Docket No. 10– 

ANM–1) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2010–0387 and 

Airspace Docket No. 10–ANM–1’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRM’s 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by removing Class E 

airspace at Orcas Island Airport, 

Eastsound, WA. The controlled airspace 

is unnecessary because existing 

controlled airspace upward from 700 

feet above the surface around the 

Eastsound, WA, area accommodates 

aircraft at Orcas Island Airport. This 

action would enhance the safety and 

management of aircraft operations for 

the Eastsound, WA, area. 

Class E airspace designations are 

published in paragraph 6002, of FAA 

Order 7400.9T, signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in this Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation; (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority for 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of the 

airspace necessary to ensure the safety 

of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

remove unnecessary controlled Airspace 

at Orcas Island Airport, Eastsound, WA. 

List of Subjects in 14 CFR Part 71 

Airspace, incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of the FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6002 Class E airspace 

Designated as Surface Areas. 

* * * * * 

ANM WA E2 Eastsound, WA [Removed] 

Issued in Seattle, Washington, on May 14, 

2010. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–12879 Filed 5–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 1000 

[Docket No. FR–5275–N–09] 

Native American Housing Assistance 

and Self-Determination 

Reauthorization Act of 2008: 

Negotiated Rulemaking Committee 

Meetings 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice of negotiated rulemaking 

committee meetings. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS