37006 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

We are amending the regulations to

remove the regulated portion of San

Diego and Riverside Counties, CA, from

the list of areas regulated because of the

Mexican fruit fly, and to remove

California from the list of States

quarantined because of the Mexican

fruit fly. We have determined that the

Mexican fruit fly has been eradicated

from California and that restrictions on

the interstate movement of regulated

articles from California are no longer

necessary to prevent the spread of the

Mexican fruit fly into noninfested areas

of the United States. This action relieves

unnecessary restrictions on the

interstate movement of regulated

articles from the previously regulated

area.

This emergency situation makes

timely compliance with section 604 of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) impracticable. We are

currently assessing the potential

economic effects of this action on small

entities. Based on that assessment, we

will either certify that the rule will not

have a significant economic impact on

a substantial number of small entities or

publish a final regulatory flexibility

analysis.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

§ 301.64–3 [Amended]

2. In § 301.64–3, paragraph (c) is

amended by removing the entry for

‘‘California’’ and the description of the

regulated area for San Diego and

Riverside Counties, CA.

Done in Washington, DC, this 7th day of

June 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–14845 Filed 6–12–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE159; Special Conditions No.

23–103–SC]

Special Conditions: Cessna Models;

Diamond Model; Mooney Models; Piper

Models; Raytheon Models; Airplanes

Modified by Installation of Teledyne

Continental Motors Full Authority

Digital Engine Control (FADEC)

System

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions.

SUMMARY: These special conditions are

issued for the Cessna Models 172/K/L/

M/N/P, 177/A/B/RG, 180/E/F/G/H/J/K,

182/E/F/G/H/J/K/L/M/N/P/Q/R, 185/A/

C/D/E/F, 188/A/B/C, P206/A/B/C/D/E,

U206/A/B/C/D/E/F/G, TU206/A/B/C/D/

E/F/G, TP206/A/B/C/D/E, 207/A, T207/

A, 210/K/L/M/N/R, T210/K/L/M/N/R,

310/A/B/C/D/E/F/G/H/I/J/J–1/K/L/N/P/

Q/R, 320/A/B/C/D/E/F/–1, 337/A/B/C/

D/E/F/G/H, 340/A, 401/A/B, 411/A,

414/A, 421/A/B/C; Diamond Model

DA20–C1; Mooney Models M20/C/D/E/

F/J/K/R; Piper Models PA–28–180/–

201T, PA–28R–201T, PA–28RT–201T,

PA–34–200/–200T/–220T, PA–46–310P/

–350P; and Raytheon Models F33, V35,

A36, 95–C55, D55, E55, 58, 58P

airplanes. These airplanes as modified

by Teledyne Continental Motors will

have a novel or unusual design feature

associated with the installation of an

engine that uses an electronic engine

control system in place of the engine’s

mechanical 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.

EFFECTIVE DATE: July 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Randy Griffith, Aerospace Engineer,

Federal Aviation Administration,

Aircraft Certification Service, Small

Airplane Directorate, ACE–111, 901

Locust, Kansas City, Missouri 64106;

816–329–4126, fax 816–329–4090.

SUPPLEMENTARY INFORMATION:

Background

On January 7, 2000, Teledyne

Continental Motors applied for

supplemental type certificates for the

installation of engines that use an

electronic engine control system in

place of the hydromechanical control

system for the Cessna Models 172/K/L/

M/N/P, 177/A/B/RG, 180/E/F/G/H/J/K,

182/E/F/G/H/J/K/L/M/N/P/Q/R, 185/A/

C/D/E/F, 188/A/B/C, P206/A/B/C/D/E,

U206/A/B/C/D/E/F/G, TU206/A/B/C/D/

E/F/G, TP206/A/B/C/D/E, 207/A, T207/

A, 210/K/L/M/N/R, T210/K/L/M/N/R,

310/A/B/C/D/E/F/G/H/I/J/J–1/K/L/N/P/

Q/R,320/A/B/C/D/E/F/–1, 337/A/B/C/D/

E/F/G/H, 340/A, 401/A/B, 411/A, 414/

A, 421/A/B/C; Diamond Model DA20–

C1; Mooney Models M20/C/D/E/F/J/K/

R; Piper Models PA–28–180/–201T, PA–

28R–201T, PA–28RT–201T, PA–34–

200/–200T/–220T, PA–46–310P/–350P;

and Raytheon Models F33, V35, A36,

95–C55, D55, E55, 58, 58P airplanes.

Affected airplane models are currently

approved under the following Type

Certificate Numbers:

Model

Type

certificate No.

Cessna Models 172/K/L/M/N/P ....... 3A12

Cessna Models 177/A/B ................. A13CE

Cessna Model 177RG .................... A20CE

Cessna Models 180/E/F/G/H/J/K .... 5A6

Cessna Models 182/E/F/G/H/J/K/L/

M/N/P/Q/R.

3A13

Cessna Models 185/A/C/D/E/F ....... 3A24

Cessna Models 188/A/B/C .............. A9CE

Cessna Models P206/A/B/C/D/E,

U206A/B/C/D/E/F/G, TU206/A/B/

C/D/E/F/G, TP206/A/B/C/D/E.

A4CE

Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37007

Model

Type

certificate No.

Cessna Models 207/A, T207/A ....... A16CE

Cessna Models 210/K/L/M/N/R,

T210/K/L/M/N/R.

3A21

Cessna Model 310/A/B/C/D/E/F/G/

H/I/J/J–1/K/L/N/P/Q/R.

3A10

Cessna Models 320/A/B/C/D/E/F/–

1, 340/A.

3A25

Cessna Model 337/A/B/C/D/E/F/G/

H.

A6CE

Cessna Models 401/A/B, 411/A,

414/A, 421/A/B/C.

A7CE

Diamond Model DA20–C1 .............. TA4CH

Mooney Models M20/C/D/E/F/J/K/R 2A3

Piper Models PA–28–180/–201T,

PA–28R–201T, PA–28RT–201T.

2A13

Piper Model PA–34–200/–200T/–

220T.

A7SO

Piper Model PA–46–310P/–350P ... A25SO

Raytheon Models F33, V35, A36 ... 3A15

Raytheon Models 58, 95–C55, D55,

E55.

3A16

Raytheon Model 58P ...................... A23CE

All the airplanes are small, normal

category airplanes powered with either

single or dual reciprocating engines.

The modification to the airplanes

involves replacement of the engine with

a new engine model that incorporates an

electronic engine control system with

full engine authority capability. The

new engine model is accomplished with

either an amended type certificate to the

engine if the engine is a Teledyne

Continental engine or a supplemental

type certificate to the engine if the

engine is a Lycoming engine. The

airframe systems will also be modified

as necessary to accommodate the

engine’s new control system.

Type Certification Basis

Under the provisions of § 21.101,

Teledyne Continental Motors must

show that affected airplane models, as

changed, continue to meet the

applicable provisions of the regulations

incorporated by reference in Type

Certificate Numbers 3A12, A13CE,

A20CE, 5A6, 3A13, 3A24, A9CE, A4CE,

A16CE, 3A21, 3A10, 3A25, A6CE,

A7CE, TA4CH, 2A3, 2A13, A7SO,

A25SO, 3A15, 3A16, A23CE 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’’ and can be found in

the Type Certificates.

If the Administrator finds that the

applicable airworthiness regulations (14

CFR part 23) do not contain adequate or

appropriate safety standards for affected

airplane models because of a novel or

unusual design feature, special

conditions are prescribed under the

provisions of § 21.16.

Special conditions, as appropriate, are

issued in accordance with § 11.49 after

public notice, as required by §§ 11.28

and 11.29(b), and become part of the

type certification basis in accordance

with § 21.101(b)(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 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(a)(1).

Novel or Unusual Design Features

The Cessna Models 172/K/L/M/N/P,

177/A/B/RG, 180/E/F/G/H/J/K, 182/E/F/

G/H/J/K/L/M/N/P/Q/R, 185/A/C/D/E/F,

188/A/B/C, P206/A/B/C/D/E, U206/A/

B/C/D/E/F/G, TU206/A/B/C/D/E/F/G,

TP206/A/B/C/D/E, 207/A, T207/A, 210/

K/L/M/N/R, T210/K/L/M/N/R, 310/A/B/

C/D/E/F/G/H/I/J/J–1/K/L/N/P/Q/R, 320/

A/B/C/D/E/F/–1, 337/A/B/C/D/E/F/G/H,

340/A, 401/A/B, 411/A, 414/A, 421/A/

B/C; Diamond Model DA20–C1; Mooney

Models M20/C/D/E/F/J/K/R; Piper

Models PA–28–180/–201T, PA–28R–

201T, PA–28RT–201T, PA–34–200/–

200T/–220T, PA–46–310P/–350P; and

Raytheon Models F33, V35, A36, 95–

C55, D55, E55, 58, 58P airplanes will

incorporate an engine that includes an

electronic control system with full

engine authority capability. The

airframe systems will also be modified

as necessary to accommodate the

engine’s new control system.

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 developed by Teledyne

Continental Motors will perform

functions in which a failure may cause

an unsafe condition, provisions for

protection from the effects of HIRF

fields 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 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, 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 full authority digital engine

control is an example of a system that

should address the HIRF environments.

Even though each 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 (for

example, 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 Cessna Models 172/K/

L/M/N/P, 177/A/B/RG, 180/E/F/G/H/J/

K, 182/E/F/G/H/J/K/L/M/N/P/Q/R, 185/

A/C/D/E/F, 188/A/B/C, P206/A/B/C/D/

E, U206/A/B/C/D/E/F/G, TU206/A/B/C/

D/E/F/G, TP206/A/B/C/D/E, 207/A,

T207/A, 210/K/L/M/N/R, T210/K/L/M/

N/R, 310/A/B/C/D/E/F/G/H/I/J/J–1/K/L/

N/P/Q/R, 320/A/B/C/D/E/F/–1, 337/A/

B/C/D/E/F/G/H, 340/A, 401/A/B, 411/A,

414/A, 421/A/B/C; Diamond Model

DA20–C1; Mooney Models M20/C/D/E/

F/J/K/R; Piper Models PA–28–180/–

201T, PA–28R–201T, PA–28RT–201T,

PA–34–200/–200T/–220T, PA–46–310P/

–350P; and Raytheon Models F33, V35,

A36, 95–C55, D55, E55, 58, 58P

airplanes modified by Teledyne

Continental Motors by installation of an

electronic engine control system to

37008 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

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 23–41.

Discussion of Comments

On April 4, 2000 (65 FR 17613), the

FAA published notice of proposed

special conditions No. 23–00–01–SC for

Cessna Models 172/K/L/M/N/P, 177/A/

B/RG, 180/E/F/G/H/J/K, 182/E/F/G/H/J/

K/L/M/N/P/Q/R, 185/A/C/D/E/F, 188/

A/B/C, P206/A/B/C/D/E, U206/A/B/C/

D/E/F/G, TU206/A/B/C/D/E/F/G,

TP206/A/B/C/D/E, 207/A, T207/A, 210/

K/L/M/N/R, T210/K/L/M/N/R, 310/A/B/

C/D/E/F/G/H/I/J/J–1/K/L/N/P/Q/R, 320/

A/B/C/D/E/F/–1, 337/A/B/C/D/E/F/G/H,

340/A, 401/A/B, 411/A, 414/A, 421/A/

B/C; Diamond Model DA20–C1; Mooney

Models M20/C/D/E/F/J/K/R; Piper

Models PA–28–180/–201T, PA–28R–

201T, PA–28RT–201T, PA–34–200/–

200T/–220T, PA–46–310P/–350P; and

Raytheon Models F33, V35, A36, 95–

C55, D55, E55, 58, 58P airplanes. No

comments were received, and the

special conditions are adopted as

proposed.

Applicability

As discussed above, these special

conditions are applicable to the Cessna

Models 172/K/L/M/N/P, 177/A/B/RG,

180/E/F/G/H/J/K, 182/E/F/G/H/J/K/L/

M/N/P/Q/R, 185/A/C/D/E/F, 188/A/B/C,

P206/A/B/C/D/E, U206/A/B/C/D/E/F/G,

TU206/A/B/C/D/E/F/G, TP206/A/B/C/

D/E, 207/A, T207/A, 210/K/L/M/N/R,

T210/K/L/M/N/R, 310/A/B/C/D/E/F/G/

H/I/J/J–1/K/L/N/P/Q/R, 320/A/B/C/D/E/

F/–1, 337/A/B/C/D/E/F/G/H, 340/A,

401/A/B, 411/A, 414/A, 421/A/B/C;

Diamond Model DA20–C1; Mooney

Models M20/C/D/E/F/J/K/R; Piper

Models PA–28–180/–201T, PA–28R–

201T, PA–28RT–201T, PA–34–200/–

200T/–220T, PA–46–310P/–350P; and

Raytheon Models F33, V35, A36, 95–

C55, D55, E55, 58, 58P airplanes as

modified by Teledyne Continental

Motors. Should Teledyne Continental

Motors apply at a later date for a

supplemental type certificate to modify

any other model included on Type

Certificate Numbers 3A12, A13CE,

A20CE, 5A6, 3A13, 3A24, A9CE, A4CE,

A16CE, 3A21, 3A10, 3A25, A6CE,

A7CE, TA4CH, 2A3, 2A13, A7SO,

A25SO, 3A15, 3A16, A23CE 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(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on Cessna

Models 172/K/L/M/N/P, 177/A/B/RG,

180/E/F/G/H/J/K, 182/E/F/G/H/J/K/L/

M/N/P/Q/R, 185/A/C/D/E/F, 188/A/B/C,

P206/A/B/C/D/E, U206/A/B/C/D/E/F/G,

TU206/A/B/C/D/E/F/G, TP206/A/B/C/

D/E, 207/A, T207/A, 210/K/L/M/N/R,

T210/K/L/M/N/R, 310/A/B/C/D/E/F/G/

H/I/J/J–1/K/L/N/P/Q/R, 320/A/B/C/D/E/

F/–1, 337/A/B/C/D/E/F/G/H, 340/A,

401/A/B, 411/A, 414/A, 421/A/B/C;

Diamond Model DA20–C1; Mooney

Models M20/C/D/E/F/J/K/R; Piper

Models PA–28–180/–201T, PA–28R–

201T, PA–28RT–201T, PA–34–200/–

200T/–220T, PA–46–310P/–350P; and

Raytheon Models F33, V35, A36, 95–

C55, D55, E55, 58, 58P airplanes. It is

not a rule of general applicability. It is

only applicable to airplanes being

modified by Teledyne Continental

Motors to include this engine system.

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

11.28 and 49.

The Special Conditions

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 functions in

which a failure may cause an unsafe

condition to the airplane, 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 functions in which a

failure may cause an unsafe condition.

(1) The applicant may demonstrate

that the operation and operational

capability of the installed electrical and

electronic systems that perform

functions in which a failure may cause

an unsafe condition are not adversely

affected when the aircraft is exposed to

the external HIRF threat environment

defined in the following table:

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

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 functions in which a failure

may cause an unsafe condition 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.

2. Electronic Engine Control System.

The installation items that affect the

electronic engine control system must

comply with the requirements of

§ 23.1309(a) through (e) at Amendment

23–41.

Issued in Kansas City, Missouri on May 25,

2000.

James E. Jackson,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–14860 Filed 6–12–00; 8:45 am]

BILLING CODE 4910–13–P