62552 Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations 

penetration. We are in the process of 

rulemaking to amend § 25.795(a) to 

make that and other changes pertaining 

to security. 

Meanwhile, the FAA is issuing 

special conditions for the Airbus Model 

A380–800 regarding design of the 

reinforced flightdeck bulkhead 

separating the flightcrew compartment 

from occupied areas. These special 

conditions require that the flightdeck 

bulkhead meet the same standards as 

those specified in § 25.795(a) for 

flightdeck doors. For the A380, the 

bulkhead may be comprised of 

components, such as lavatory and crew 

rest walls; these components are 

covered by these special conditions. 

Discussion of Comments 

A notice of proposed special 

conditions (NPSC), pertaining to a 

reinforced flightdeck bulkhead for the 

Airbus Model A380–800 airplane, was 

published in the Federal Register on 

April 11, 2006. (The Docket No. was 

NM317, and the Notice No. was 25–05–

12–SC. Subsequently, a ‘‘Notice of 

proposed special conditions, 

correction’’ was published in the 

Federal Register to correct the docket 

no. and the notice no., because they had 

previously been used for a different 

NPSC. The corrected NPSC has Docket 

No. NM346 and Notice No. 25–06–05–

SC.) 

The Boeing Company was the only 

commenter. Since the comments 

addressed security matters as well as 

technical matters, Boeing asked that 

they not be made public ‘‘until it can be 

determined if they contain ‘sensitive 

security information.’’’ Accordingly, the 

discussion which follows does not 

contain information about the 

reinforced flightdeck bulkhead which 

may constitute ‘‘sensitive security 

information.’’

The most significant comment asked 

that the FAA either withdraw the 

special conditions or provide a better 

justification for them. The Boeing 

Company said that the special 

conditions do not clearly define 

‘‘* * *what about the A380 makes its 

bulkhead novel and unusual with 

respect to any other airplane that has 

been type certificated to date.’’

The FAA does not agree with this 

comment. We did not propose special 

conditions because of the size or the 

double-deck configuration of the A380 

airplane. We proposed them because the 

Airbus A380–800 airplane will have a 

flightdeck bulkhead which is reinforced 

to resist intrusion and ballistic 

penetration. A reinforced flightdeck 

bulkhead is a novel or unusual design 

feature. Accordingly, we proposed 

special conditions to provide 

performance standards that would 

maintain the integrity of the bulkhead 

and ensure that the bulkhead continues 

to meet those standards if it is modified 

in the future. 

Other comments of the Boeing 

Company dealt with terminology and 

technical aspects of the special 

conditions. These comments pertained 

to the following: 

• Use of existing guidance material, 

• Whether the standards proposed for 

the reinforced flightdeck bulkhead are 

the ‘‘same’’ as those for the reinforced 

flightdeck door or simply ‘‘equivalent’’

to them, 

• What constitutes an accessible 

handhold, 

• Use of the term ‘‘passenger 

accessible compartments’’ rather than 

‘‘occupied areas,’’ because the latter 

term doesn’t make a distinction between 

areas occupied by passengers and those 

occupied by crew, and 

• Which bulkhead components 

require protection from intrusion and 

which require protection from ballistic 

penetration. 

These are all valid matters to be 

considered as part of the certification 

process, but the answers will be specific 

to the design of the Airbus A380–800 

airplane and do not require revision of 

the terms of the proposed special 

conditions. Accordingly, the FAA has 

made no change to the special 

conditions, as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Airbus 

A380–800 airplane. Should Airbus 

apply at a later date for a change to the 

type certificate to include another 

model incorporating the same novel or 

unusual design features, these 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 of the Airbus 

A380–800 airplane. It is not a rule of 

general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

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 Airbus A380–800 airplane. 

In addition to the requirements of 14 

CFR 25.795(a) governing protection of 

the flightdeck door, the following 

special conditions apply: 

The bulkhead—including components 

that comprise the bulkhead and separate 

the flightcrew compartment from 

occupied areas—must be designed to 

meet the following standards: 

• It must resist forcible intrusion by 

unauthorized persons and be capable of 

withstanding impacts of 300 Joules 

(221.3 foot-pounds) at critical locations 

as well as a 1113 Newton (250 pound) 

constant tensile load on accessible 

handholds, including the doorknob or 

handle. 

• It must resist penetration by small 

arms fire and fragmentation devices to 

a level equivalent to level IIIa of the 

National Institute of Justice Standard 

(NIJ) 0101.04. 

Issued in Renton, Washington, on October 

18, 2006. 

Jeffrey Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E6–17902 Filed 10–25–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA 2006–26031, Airspace 

Docket No. 06–ANE–02] 

Establishment of Class E Airspace; 

Bethel Regional Airport, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes a Class 

E airspace area at Bethel Regional 

Airport, Bethel, ME (K0B1) to provide 

for adequate controlled airspace for 

those aircraft using the new Helicopter 

Area Navigation (RNAV), 317 

Instrument Approach Procedure to the 

Airport. 

DATES: Effective 0901 UTC, January 18, 

2007. The Director of the Federal 

Register approves this incorporation by 

reference under 1 CFR part 51, subject 

to the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 27, 2006. 

ADDRESSES: Send comments on the rule 

to the Docket Management System, U.S. 


ycherry on PROD1PC64 with RULES
Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations 62553 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. You must 

identify the docket number, FAA–2006–

26031; airspace docket number, 06–

ANE–02, 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 at 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 located on the plaza 

level of the Department of 

Transportation NASSIF Building at the 

street address stated above. 

An informal docket may be examined 

during normal business hours in the 

FAA Eastern Service Center, by 

contacting the Manager, System Support 

Group, AJO–2E2, Federal Aviation 

Administration, Eastern Service Center, 

1701 Columbia Ave., College Park, GA 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Manager, System 

Support Group, AJO–2E2, FAA Eastern 

Service Center, 1701 Columbia Ave., 

College Park, GA 30337; telephone (404) 

305–5586; fax (404) 305–5099. 

SUPPLEMENTARY INFORMATION: A new 

Standard Instrument Approach 

Procedure (SIAP) to Bethel Regional 

Airport, Bethel, ME (K0B1), the 

Helicopter RNAV 317 approach, 

requires the establishment of Class E 

airspace extending upward from 700 

feet above the surface in the vicinity of 

the airport. This action provides 

adequate controlled airspace to contain 

those aircraft executing the Helicopter 

RNAV 317 approach. Class E airspace 

designations for airspace areas 

extending upward from 700 feet above 

the surface of the earth are published in 

paragraph 6005 of FAA Order 7400.9P, 

effective September 16, 2006, 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 Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment, and, therefore, issues 

it as a direct final rule. The FAA has 

determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

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 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

should identify the Rules Docket 

number and be submitted in triplicate to 

the address specified under the caption 

ADDRESSES. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Factual information that supports the 

commenter’s ideas and suggestions is 

extremely helpful in evaluating the 

effectiveness of this action and 

determining whether additional 

rulemaking action would be needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA 2006–26031; Airspace 

Docket No. 06–ANE–02’’. The postcard 

will be date stamped and returned to the 

commenter. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects 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, in 

accordance with Executive Order 12612, 

it is determined that this final rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

The FAA has determined that this 

regulation is non-controversial 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 

regualtory action’’ under Executive 

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

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as these routine matters will 

only affect air traffic procedures and air 

navigation. It is certified that these 

proposed rules will not have significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, the Federal Aviation 

Administration amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) as follows: 

PART 71—[AMENDED] 

■ 1. The authority citation for 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 Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

effective September 16, 2006, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANE ME E5 Bethel Regional Airport, ME 

[New] 

Bethel, Maine 

(Lat. 44°25′30.6′′ N., long. 70°48′35.7′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.0-mile 

radius of Bethel Regional Airport, Bethel, 

ME. 

* * * * * 


ycherry on PROD1PC64 with RULES
62554 Federal Register / Vol. 71, No. 207 / Thursday, October 26, 2006 / Rules and Regulations 

Issued in College Park, GA, on October 5, 

2006. 

Mark D. Ward, 

Manager, System Support Group, AJO–2E2, 

Eastern Service Center. 

[FR Doc. 06–8845 Filed 10–25–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA 2006–26032, Airspace 

Docket No. 06–ANE–01] 

Establishment of Class E Airspace; 

Newton Field, ME 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action establishes a Class 

E airspace area at Newton Field, 

Jackman, ME (K59B) to provide for 

adequate controlled airspace for those 

aircraft using the new Helicopter Area 

Navigation (RNAV), 285 Instrument 

Approach Procedure to the Airport. 

DATES: Effective 0901 UTC, January 18, 

2007. The Director of the Federal 

Register approves this incorporation by 

reference under 1 CFR part 51, subject 

to the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 27, 2006. 

ADDRESSES: Send comments on the rule 

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–2006–

26032; airspace docket number, 06–

ANE–01, 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 at 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 located on the plaza 

level of the Department of 

Transportation NASSIF Building at the 

street address stated above. 

An informal docket may be examined 

during normal business hours in the 

FAA Eastern Service Center, by 

contacting the Manager, System Support 

Group, AJO–2E2, Federal Aviation 

Administration, Eastern Service Center, 

1701 Columbia Ave., College Park, GA 

30337. 

FOR FURTHER INFORMATION CONTACT: 

Mark D. Ward, Manager, System 

Support Group, AJO–2E2, FAA Eastern 

Service Center, 1701 Columbia Ave., 

College Park, GA 30337; telephone (404) 

305–5586; fax (404) 305–5099. 

SUPPLEMENTARY INFORMATION: A new 

Standard Instrument Approach 

Procedure (SIAP) to Newton Field, 

Jackman, ME (K59B), the Helicopter 

RNAV 285 approach, requires the 

establishment of Class E airspace 

extending upward from 700 feet above 

the surface in the vicinity of the airport. 

This action provides adequate 

controlled airspace to contain those 

aircraft executing the Helicopter RNAV 

285 approach. Class E airspace 

designations for airspace areas 

extending upward from 700 feet above 

the surface of the earth are published in 

paragraph 6005 of FAA Order 7400.9P, 

effective September 16, 2006, 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 Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment, and, therefore, issues 

it as a direct final rule. The FAA has 

determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

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 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

should identify the Rules Docket 

number and be submitted in triplicate to 

the address specified under the caption 

ADDRESSES. All communications 

received on or before the closing date 

for comments will be considered, and 

this rule may be amended or withdrawn 

in light of the comments received. 

Factual information that supports the 

commenter’s ideas and suggestions is 

extremely helpful in evaluating the 

effectiveness of this action and 

determining whether additional 

rulemaking action would be needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this rule must 

submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA 2006–26032; Airspace 

Docket No. 06–ANE–01.’’ The postcard 

will be date stamped and returned to the 

commenter. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct efforts 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, in 

accordance with Executive Order 12612, 

it is determined that this final rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

The FAA has determined that this 

regulation is non-controversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (a) is not a ‘‘significant 

regulatory action’’ under Executive 

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

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as these routine matters will 

only affect air traffic procedures and air 

navigation. It is certified that these 

proposed rules will not have significant 

economic impact on a substantial 


ycherry on PROD1PC64 with RULES