This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8261 

Vol. 72, No. 37 

Monday, February 26, 2007 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 319 and 354 

[Docket No. APHIS–2006–0096] 

RIN 0579–AC06 

Agricultural Inspection and AQI User 

Fees Along the U.S./Canada Border; 

Delay of Effective Date 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule; delay of effective 

date. 

SUMMARY: We published an interim rule 

on August 25, 2006, amending the 

foreign quarantine and user fee 

regulations by removing the exemptions 

from inspection for imported fruits and 

vegetables grown in Canada and the 

exemptions from user fees for 

commercial vessels, commercial trucks, 

commercial railroad cars, commercial 

aircraft, and international air passengers 

entering the United States from Canada. 

That interim rule had an effective date 

of November 24, 2006. Subsequently, 

we published a notice announcing the 

delay of the effective date of the removal 

of the user fee exemption for 

international air passengers until 

January 1, 2007, and the effective date 

for the remaining provisions of the rule, 

including the removal of the exemption 

from user fees for commercial vessels, 

commercial trucks, commercial railroad 

cars, and commercial aircraft entering 

the United States from Canada, until 

March 1, 2007. We are now further 

delaying the effective date of the 

removal of the exemption from user fees 

for commercial trucks and railroad cars 

from Canada until June 1, 2007. We are 

making this change to allow additional 

time for us to conclude discussions with 

the Government of Canada regarding 

risks, inspections, and costs associated 

with land-border traffic entering the 

United States from Canada. 

DATES: The effective date for the 

amendments to 7 CFR 354.3(c)(1), (c)(2), 

(c)(3), (d)(2), and (d)(4) published on 

August 25, 2006 (71 FR 50320) and 

delayed on November 22, 2006 (71 FR 

67436) is further delayed to June 1, 

2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan S. Green, Executive Director, Plant 

Health Programs, PPQ, APHIS, 4700 

River Road Unit 36, Riverdale, MD 

20737; (301) 734–8261. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction of plant pests. Similarly, 

the regulations in 9 CFR subchapter D 

prohibit or restrict the importation of 

certain animals and animal products 

into the United States to prevent the 

introduction of pests or diseases of 

livestock. The regulations in 7 CFR part 

354 provide rates and requirements for 

overtime services relating to imports 

and exports and for user fees. 

On August 25, 2006, we published an 

interim rule in the Federal Register (71 

FR 50320–50328) amending the 

regulations in 7 CFR parts 319 and 354 

by removing the exemptions from 

inspection for imported fruits and 

vegetables grown in Canada and the 

exemptions from user fees for 

commercial vessels, commercial trucks, 

commercial railroad cars, commercial 

aircraft, and international air passengers 

entering the United States from Canada. 

As a result of this action, all agricultural 

products imported from Canada were to 

be subject to inspection, and 

commercial conveyances, as well as 

airline passengers arriving on flights 

from Canada, were to be subject to 

inspection and user fees. The interim 

rule had an effective date of November 

24, 2006. 

Delay in Effective Date 

We received comments from industry 

representatives and the Government of 

Canada expressing concern about the 

possible impact of the rule on affected 

entities and questioning whether the 

November 2006 effective date allowed 

adequate time for those entities to 

prepare to comply with the new 

inspection and collection procedures 

that we would be instituting in order to 

enforce the interim rule. After 

evaluating the comments, on November 

22, 2006, we published a document in 

the Federal Register (71 FR 67436) 

announcing that we were delaying the 

effective date of the removal of the user 

fee exemption for international air 

passengers until January 1, 2007, and 

the effective date for the remaining 

provisions of the interim rule, including 

the removal of the exemption from user 

fees for commercial vessels, commercial 

trucks, commercial railroad cars, and 

commercial aircraft entering the United 

States from Canada, until March 1, 

2007. 

We are now further delaying the 

removal of the exemption from user fees 

for commercial trucks and railroad cars 

entering the United States from Canada 

until June 1, 2007. We are making this 

change to allow additional time for us 

to conclude discussions with the 

Government of Canada regarding risks, 

inspections, and costs associated with 

land-border traffic entering the United 

States from Canada. The March 1, 2007, 

effective date for the removal of the 

exemption from user fees for 

commercial vessels and commercial 

aircraft entering the United States from 

Canada will remain unchanged. 

Authority: 7 U.S.C. 450, 7701–7772, 7781– 

7786, and 8301–8317; 21 U.S.C. 136 and 

136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 21st day of 

February 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–3255 Filed 2–23–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM369, Special Conditions No. 

25–345–SC] 

Special Conditions: Raytheon Aircraft 

Company Model BAe.125 Series 800A; 

High-Intensity Radiated Fields (HIRF) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 


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8262 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Raytheon Aircraft Company 

Model BAe.125 Series 800A airplanes 

modified by Duncan Aviation Inc. These 

modified airplanes will have novel or 

unusual design features when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. The 

modification incorporates the 

installation of electronic flight and 

engine instrument systems. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for protecting these 

systems from the effects of highintensity radiated fields (HIRF). These 

special conditions contain the 

additional safety standards 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 February 12, 2007. 

We must receive your comments by 

March 28, 2007. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attention: Rules Docket 

(ANM–113), Docket No. NM369, 1601 

Lind Avenue SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the address indicated 

above. You must mark your comments: 

Docket No. NM369. You can inspect 

comments in the Rules Docket 

weekdays, except Federal holidays, 

between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: Greg 

Dunn, FAA, Airplane and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2799; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA has determined that notice 

and opportunity for prior public 

comment is impracticable because these 

procedures would significantly delay 

certification of the airplane 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; however, we invite interested 

persons to take part in this rulemaking 

by sending written comments, data, or 

views. The most helpful comments 

reference a specific portion of the 

special conditions, explain the reason 

for any recommended change, and 

include supporting data. We ask that 

you send us two copies of written 

comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You may inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

special conditions, include with your 

comments a pre-addressed, stamped 

postcard on which the docket number 

appears. We will stamp the date on the 

postcard and mail it back to you. 

Background 

On October 27, 2006, Duncan 

Aviation, Inc., 15745 South Airport 

Road, Battle Creek, Michigan 49015, 

applied for a supplemental type 

certificate (STC) to modify Raytheon 

Aircraft Company Model BAe.125 Series 

800A airplanes currently approved 

under Type Certificate No. A3EU. The 

Model BAe.125 Series 800A airplanes 

are small transport category airplanes. 

They are powered by two turbojet 

engines, with maximum takeoff weight 

of 31,000 pounds as modified by 

Modification No. 253379A or 26,866 

pounds as modified by Modification No. 

25B047A. These airplanes operate with 

2-person crew and can seat up to 15 

passengers. The proposed modification 

is to install the Rockwell Collins Pro 

Line 21 Integrated Display Systems. The 

avionics/electronics and electrical 

systems installed in this airplane have 

the potential to be vulnerable to highintensity radiated fields (HIRF) external 

to the airplane. 

Type Certification Basis 

Under 14 CFR 21.101, Duncan 

Aviation, Inc. must show the Raytheon 

Aircraft Company Model BAe.125 Series 

800A aircraft, as changed, continue to 

meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A3EU. They must 

also continue to meet the applicable 

regulations in effect on the date of 

application for the change. We 

commonly refer to the regulations 

incorporated by reference in the type 

certificate as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A3EU include Part 10 of 

the British Civil Airworthiness 

Requirements. This certification is 

equivalent to Civil Air Regulations 

(CAR) 4b dated December 1953, as 

amended by Amendment 4b–1 through 

Amendment 4b–11, exclusive of CAR 4b 

350(e). It includes Special Regulation 

SR 422B. In addition, the certification 

basis includes certain later amendments 

to 14 CFR part 25 that are not relevant 

to these special conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 25, as amended) do not 

contain adequate or appropriate safety 

standards for the Raytheon Aircraft 

Company Model Bae.125, Series 800A 

airplanes, because of a novel or unusual 

design feature, special conditions are 

prescribed under § 21.16. 

Besides the applicable airworthiness 

regulations and special conditions, the 

Raytheon Aircraft Company Model 

BAe.125, Series 800A airplanes, must 

comply with the fuel vent exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. 

We issue special conditions, as 

defined in 14 CFR 11.19, under § 11.38 

and they become part of the type 

certification basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should Duncan Aviation 

Inc., apply later for a supplemental type 

certificate to modify any other model 

included on Type Certificate No. A3EU 

to incorporate the same or similar novel 

or unusual design feature, these special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

As noted earlier, the Raytheon 

Aircraft Company Model BAe.125 Series 

800A aircraft, as modified by Duncan 

Aviation, Inc., will incorporate the 

Rockwell Collins Pro Line 21 Integrated 

Display Systems that will perform 

critical functions. These systems may be 

vulnerable to high-intensity radiated 

fields external to the airplane. The 

current airworthiness standards of part 

25 do not contain adequate or 

appropriate safety standards for the 

protection of this equipment from the 


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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8263 

adverse effects of HIRF. Therefore, we 

consider this system to be a novel or 

unusual design feature. 

Discussion 

There is no specific regulation that 

addresses protection requirements for 

electrical and electronic systems from 

HIRF. Increased power levels from 

ground-based radio transmitters and the 

growing use of sensitive avionics/ 

electronics and electrical systems to 

command and control airplanes have 

made it necessary to provide adequate 

protection. 

To ensure that a level of safety is 

achieved equivalent to that intended by 

the regulations incorporated by 

reference, special conditions are needed 

for the Raytheon Aircraft Company 

Model BAe.125 Series 800A airplanes 

modified by Duncan Aviation, Inc. 

These special conditions require that 

new avionics/electronics and electrical 

systems that perform critical functions 

be designed and installed to preclude 

component damage and interruption of 

function because of both the direct and 

indirect effects of HIRF. 

High-Intensity Radiated Fields (HIRF) 

With the trend toward increased 

power levels from ground-based 

transmitters, and the advent of space 

and satellite communications, coupled 

with electronic command and control of 

the airplane, the immunity of critical 

avionics/electronics and electrical 

systems to HIRF must be established. 

It is not possible to precisely define 

the HIRF to which the airplane will be 

exposed in service. There is also 

uncertainty concerning the effectiveness 

of airframe shielding for HIRF. 

Furthermore, coupling of 

electromagnetic energy to cockpitinstalled equipment through the cockpit 

window apertures is undefined. Based 

on surveys and analysis of existing HIRF 

emitters, an adequate level of protection 

exists when compliance with the HIRF 

protection special condition is shown 

with either paragraph 1 OR 2 below: 

1. A minimum threat of 100 volts rms 

(root-mean-square) per meter electric 

field strength from 10 KHz to 18 GHz. 

a. The threat must be applied to the 

system elements and their associated 

wiring harnesses without the benefit of 

airframe shielding. 

b. Demonstration of this level of 

protection is established through system 

tests and analysis. 

2. A threat external to the airframe of 

the field strengths identified in the table 

below for the frequency ranges 

indicated. Both peak and average field 

strength components from the table are 

to be demonstrated. 

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 of the root-mean-square (rms) over 

the complete modulation period. 

The threat levels identified above are 

the result of an FAA review of existing 

studies on the subject of HIRF, in light 

of the ongoing work of the 

Electromagnetic Effects Harmonization 

Working Group of the Aviation 

Rulemaking Advisory Committee. 

Applicability 

As discussed above, these special 

conditions are applicable to Raytheon 

Aircraft Company Model BAe.125 Series 

800A airplanes modified by Duncan 

Aviation, Inc. Should Duncan Aviation, 

Inc. apply later for a supplemental type 

certificate to modify any other model 

included on Type Certificate No. A3EU 

to incorporate the same or similar novel 

or unusual design feature, these special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on Raytheon 

Aircraft Company Model BAe.125 Series 

800A airplanes as modified by Duncan 

Aviation, Inc. 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. 

The substance of these special 

conditions has been subjected to the 

notice and comment procedure in 

several prior instances and has been 

derived without substantive change 

from those previously issued. Because a 

delay would significantly affect the 

certification of the airplane, which is 

imminent, the FAA has determined that 

prior public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to send views that 

may not have been sent in response to 

the prior opportunities for comment 

described above. 

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 supplemental type 

certification basis for Raytheon Aircraft 

Company Model BAe.125 Series 800A 

airplanes modified by Duncan Aviation, 

Inc. 

1. Protection from Unwanted Effects 

of High-Intensity Radiated Fields 

(HIRF). Each electrical and electronic 

system that performs critical functions 

must be designed and installed to 

ensure that the operation and 

operational capability of these systems 

to perform critical functions are not 

adversely affected when the airplane is 

exposed to high-intensity radiated 

fields. 

2. For the purpose of these special 

conditions, the following definition 

applies: Critical Functions: Functions 

whose failure would contribute to or 

cause a failure condition that would 

prevent the continued safe flight and 

landing of the airplane. 

Issued in Renton, Washington, on February 

12, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3231 Filed 2–23–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24034; Directorate 

Identifier 2006–NE–05–AD; Amendment 39–

14959; AD 2007–04–26] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney PW4077D, PW4084D, PW4090, 

and PW4090–3 Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 


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