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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

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REGISTER issue of each week.

Rules and Regulations Federal Register

71865 

Vol. 76, No. 224 

Monday, November 21, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2011–1280; Special 

Conditions No. 25–452–SC] 

Special Conditions: Gulfstream 

Aerospace Corporation, Model GVI 

Airplane; Windshield Coating in Lieu of 

Wipers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: This special condition is 

issued for the Gulfstream Aerospace 

Corporation Model GVI airplane. This 

airplane will have a novel or unusual 

design feature(s) associated with the use 

of a hydrophobic windshield coating, 

rather than windshield wipers, as the 

means to maintain a clear portion of the 

windshield during precipitation 

conditions, as required by the 

airworthiness standards for transport 

category airplanes. 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. 

DATES: The effective date of these 

special conditions is November 14, 

2011. We must receive your comments 

by January 5, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2011–1280 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC between 

8 a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at (202) 493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot. 

gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: Paul 

Bernado, Airplane and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–1209; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval 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. 

Comments Invited 

We invite interested people 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 

about these special conditions. You can 

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 us to acknowledge receipt 

of your comments on these special 

conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On March 29, 2005, Gulfstream 

Aerospace Corporation (GAC) applied 

for an FAA type certificate for its new 

Model GVI passenger airplane (hereafter 

referred to as ‘‘the GVI’’ airplane). On 

September 28, 2006, GAC re-applied for 

the GVI type certificate in order to 

adhere to the application effectivity 

established by Title 14, Code of Federal 

Regulations (14 CFR) 21.17(c), and on 

July 31, 2011, GAC requested an 

extension of application in accordance 

with § 21.17(d)(2). The FAA concurred 

with this request and established a new 

effective application date of September 

18, 2007. The GVI airplane will be an 

all-new, two-engine jet transport 

airplane. The maximum takeoff weight 

will be 99,600 pounds, with a maximum 

passenger count of 19 passengers. 


wreier-aviles on DSK3TPTVN1PROD with RULES
71866 Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

GAC must show that the GVI meets the 

applicable provisions of 14 CFR part 25, 

as amended by Amendments 25–1 

through 25–120, 25–122, 25–124, and 

25–132 thereto. If the Administrator 

finds that the applicable airworthiness 

regulations (i.e., 14 CFR part 25) do not 

contain adequate or appropriate safety 

standards for the GVI because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

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 features, the special conditions 

would also apply to the other model. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the GVI 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. The 

FAA must also issue a finding of 

regulatory adequacy pursuant to section 

611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

Novel or Unusual Design Features 

The GVI flightdeck design 

incorporates a hydrophobic windshield 

coating to provide adequate pilot 

compartment view in the presence of 

precipitation. Sole reliance on such a 

coating, without windshield wipers or a 

windshield blower, constitutes a novel 

or unusual design feature for which the 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards. Therefore, special 

conditions are required that provide the 

level of safety equivalent to that 

established by the regulations. 

Discussion 

Section 25.773(b)(1) of 14 CFR 

requires a means to maintain a clear 

portion of the windshield for both pilots 

to have a sufficiently extensive view 

along the flight path during 

precipitation conditions. The 

regulations require this means to 

maintain such an area during 

precipitation in heavy rain at speeds up 

to 1.5 VSR1. The existing regulations 

cover technologies that primarily 

account for increased airflow and 

precipitation rates as limiting 

conditions. For example, as airflow and 

precipitation rates increase, the 

effectiveness of windshield wipers to 

maintain an area of clear vision 

normally degrades as airflow and 

precipitation rates increase. It is 

assumed that because high speeds and 

high precipitation rates represent 

limiting conditions for windshield 

wipers, they will also be effective at 

lower speeds and precipitation levels. 

Accordingly, § 25.773(b)(1)(i) does not 

require maintenance of a clear area of 

forward vision at lower speeds or lower 

precipitation rates. A forced air stream 

blown over the windshield has also 

been used to maintain an area of clear 

vision in precipitation. The limiting 

conditions for this technology are 

comparable to those for windshield 

wipers. Accordingly, introduction of 

this technology did not require special 

conditions to maintain the level of 

safety embodied in the existing 

regulations. 

However, the heavy rain and highspeed conditions specified in the 

current rule do not necessarily represent 

the limiting conditions for hydrophobic 

windshield coatings, which may depend 

to some degree on airflow over the 

windscreen to maintain a clear vision 

area. For example, in low-speed flight or 

during surface operations, airflow over 

the windshield may not be adequate to 

maintain a sufficiently clear area of the 

windshield. Additionally, during such 

critical times as during final approach 

where the airplane is at a higher-thannormal pitch attitude, airflow over the 

windshield may be disturbed. In these 

cases, areas of airflow disturbance or 

separation on the windshield could 

cause failure to maintain a clear vision 

area on the windshield. 

In addition to airflow, the 

effectiveness of hydrophobic coatings 

may also be affected by the size of 

precipitation. In some cases, the 

properties of the coating may not be 

sufficient to provide a clear area of 

vision during precipitation in the form 

of light mist. 

The heavy rain and high-speed 

conditions specified in the current rule 

do not necessarily represent the limiting 

condition for this new technology. For 

example, airflow over the windshield, 

which may be necessary to remove 

moisture from the windshield, may not 

be adequate to maintain a sufficiently 

clear area of the windshield in lowspeed flight or during surface 

operations. Alternatively, airflow over 

the windshield may be disturbed during 

such critical times as the approach to 

land, where the airplane is at a higherthan-normal pitch attitude. In these 

cases, areas of airflow disturbance or 

separation on the windshield could 

cause failure to maintain a clear-vision 

area on the windshield. 

In summary, the current regulations 

identify speed and precipitation rate 

requirements that represent limiting 

conditions for windshield wipers and 

blowers, but not for hydrophobic 

coatings, so it is necessary to issue 

special conditions to maintain the level 

of safety represented by the current 

regulations. 

Applicability 

As discussed above, these special 

conditions are applicable to the GVI. 

Should GAC 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 the GVI. 

It is not a rule of general applicability. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, 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 submit views that 

may not have been submitted 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 type 

certification basis for GAC GVI 

airplanes. 


wreier-aviles on DSK3TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations 71867 

Pilot Compartment View—Hydrophobic 

Coatings in Lieu of Windshield Wipers 

The airplane must have a means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, enough for both pilots to 

have a sufficiently extensive view along 

the ground or flight path in normal taxi 

and flight attitudes of the airplane. This 

means must be designed to function, 

without continuous attention on the 

part of the crew, in conditions from 

light misting precipitation to heavy rain 

at speeds from fully stopped in still air, 

to 1.5 VSR1 with lift and drag devices 

retracted. 

Issued in Renton, Washington, on 

November 14, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–29909 Filed 11–18–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 110930606–1640–01] 

RIN 0694–AF40 

Addition of Certain Persons to the 

Entity List; and Implementation of 

Entity List Annual Review Changes 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding fourteen persons under twentyone entries to the Entity List. The 

persons who are added to the Entity List 

have been determined by the U.S. 

Government to be acting contrary to the 

national security or foreign policy 

interests of the United States. These 

persons will be listed on the Entity List 

under the following four destinations: 

Afghanistan, China, Hong Kong, and 

Pakistan. 

In addition, this rule amends the EAR 

to implement modifications to the 

Entity List on the basis of the annual 

review of the Entity List conducted by 

the End-User Review Committee (ERC), 

which the ERC conducts to determine if 

any entries on the Entity List should be 

removed or modified. This rule 

implements the results of the annual 

review for entities located in Canada. 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security and that availability of license 

exceptions in such transactions is 

limited. 

DATES: Effective Date: This rule is 

effective November 21, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (Supplement No. 4 to 

Part 744) provides notice to the public 

that certain exports, reexports, and 

transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security (BIS) and that the availability 

of license exceptions in such 

transactions is limited. Entities are 

placed on the Entity List on the basis of 

certain sections of part 744 (Control 

Policy: End-User and End-Use Based) of 

the EAR. 

The ERC, composed of representatives 

of the Departments of Commerce 

(Chair), State, Defense, Energy and, 

when appropriate, the Treasury, makes 

all decisions regarding additions to, 

removals from or other modifications to 

the Entity List. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and all decisions 

to remove or modify an entry by 

unanimous vote. 

ERC Entity List Decisions 

This rule implements decisions of the 

ERC to add persons to the Entity List 

and modify existing entries based on the 

annual review of the Entity List. These 

changes are described under Additions 

to the Entity List and Annual Review of 

the Entity List below. 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add fourteen persons under 

twenty-one entries to the Entity List on 

the basis of § 744.11 (License 

requirements that apply to entities 

acting contrary to the national security 

or foreign policy interests of the United 

States) of the EAR. The twenty-one 

entries added to the Entity List consist 

of eleven entries in Afghanistan, one in 

the People’s Republic of China (China), 

one in Hong Kong, and eight in 

Pakistan. Seven of the twenty-one 

entries cover additional addresses of 

persons being added to the Entity List— 

these persons are being listed under 

multiple countries to account for 

alternate addresses. Specifically, these 

seven additional entries cover six 

persons in Afghanistan who also have 

addresses in Pakistan (resulting in six 

additional entries for the Pakistani 

addresses) and one person in China who 

also has an address in Hong Kong 

(resulting in one additional entry for the 

Hong Kong address). 

The ERC reviewed § 744.11(b) 

(Criteria for revising the Entity List) in 

making the determination to add these 

persons to the Entity List. Under that 

paragraph, persons for which there is 

reasonable cause to believe, based on 

specific and articulable facts, that the 

persons have been involved, are 

involved, or pose a significant risk of 

being or becoming involved in, 

activities that are contrary to the 

national security or foreign policy 

interests of the United States and those 

acting on behalf of such persons may be 

added to the Entity List pursuant to 

§ 744.11. Paragraphs (b)(1)–(b)(5) of 

§ 44.11 include an illustrative list of 

activities that could be contrary to the 

national security or foreign policy 

interests of the United States. Thirteen 

of the fourteen persons are believed to 

have been involved in activities 

described under paragraphs (b)(1) and 

(b)(2) of § 744.11. Specifically, the 

thirteen persons in Afghanistan and 

Pakistan are being added to the Entity 

List on the basis of their provision of 

material support to persons engaged 

against U.S. and Coalition forces in 

Afghanistan. 

Additionally, the U.S. Government 

has reasons to believe that one person 

in China, who will also be listed under 

an alternate address in Hong Kong, has 

been involved in activities described 

under paragraph (b)(5) of § 744.11. 

Specifically, the person in China has 

obtained items subject to the EAR 

without the required EAR 

authorizations. BIS believes that the 

activities of all fourteen of these persons 

are contrary to U.S. national security 

and foreign policy interests. 

For the fourteen persons added to the 

Entity List under twenty-one entries, the 

ERC specifies a license requirement for 

all items subject to the EAR and 

establishes a license application review 

policy of a presumption of denial. The 

license requirement applies to any 

transaction in which items are to be 

exported, reexported, or transferred (incountry) to such persons or in which 

such persons act as purchaser, 

intermediate consignee, ultimate 

consignee, or end-user. In addition, no 

license exceptions are available for 

exports, reexports, or transfers (inVerDate Mar<15>2010 15:20 Nov 18, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1

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