Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules 5149 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model EMB–550 

airplane 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 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 Model EMB–550 airplane will 

incorporate the following novel or 

unusual design features: New control 

architecture and a full digital flight 

control system which provides 

comprehensive flight envelope 

protections. 

Discussion 

The applicable airworthiness 

regulation in this instance is 14 CFR 

25.143. The purpose of § 25.143 is to 

verify that any operational maneuvers 

conducted within the operational 

envelope can be accomplished smoothly 

with average piloting skill and without 

exceeding any structural limits. The 

pilot should be able to predict the 

airplane response to any control input. 

During the course of the flight test 

program, the pilot determines 

compliance with § 25.143 through 

primarily qualitative methods. During 

flight test, the pilot should evaluate all 

of the following: 

• The interface between each 

protection function, 

• Transitions from one mode to 

another, 

• The aircraft response to intentional 

dynamic maneuvering, whenever 

applicable, through dedicated 

maneuvers, 

• General controllability assessment, 

• High speed characteristics, and 

• High angle-of-attack. 

Section § 25.143, however, does not 

adequately ensure that the novel or 

unusual features of the Model EMB–550 

airplane will have a level of safety 

equivalent to that of existing standards. 

This special condition is therefore 

required to accommodate the the flightenvelope- limiting systems in the Model 

EMB–550 airplane. The additional 

safety standards in this special 

condition will ensure a level of safety 

equivalent to that of existing standards. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

EMB–550 airplane. Should Embraer 

S.A. 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 one model 

of airplanes. 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 Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Embraer 

S.A. Model EMB–550 airplanes. 

1. General Limiting Requirements: 

a. Onset characteristics of each 

envelope protection feature must be 

smooth, appropriate to the phase of 

flight and type of maneuver, and not in 

conflict with the ability of the pilot to 

satisfactorily change airplane flight 

path, speed, or attitude as needed. 

b. Limit values of protected flight 

parameters (and if applicable, associated 

warning thresholds) must be compatible 

with the following: 

i. Airplane structural limits, 

ii. Required safe and controllable 

maneuvering of the airplane, and 

iii. Margins to critical conditions. 

Unsafe flight characteristics/conditions 

must not result if dynamic 

maneuvering, airframe and system 

tolerances (both manufacturing and inservice), and non-steady atmospheric 

conditions, in any appropriate 

combination and phase of flight, can 

produce a limited flight parameter 

beyond the nominal design limit value. 

c. The airplane must be responsive to 

intentional dynamic maneuvering to 

within a suitable range of the parameter 

limit. Dynamic characteristics such as 

damping and overshoot must also be 

appropriate for the flight maneuver and 

limit parameter in question. 

d. When simultaneous envelope 

limiting is engaged, adverse coupling or 

adverse priority must not result. 

2. Failure States: Electronic flight 

control system failures (including 

sensor) must not result in a condition 

where a parameter is limited to such a 

reduced value that safe and controllable 

maneuvering is no longer available. The 

crew must be alerted by suitable means 

if any change in envelope limiting or 

maneuverability is produced by single 

or multiple failures of the electronic 

flight control system not shown to be 

extremely improbable. 

Issued in Renton, Washington, on 

December 19, 2012. 

K.C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–01379 Filed 1–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0609; Airspace 

Docket No. 12–AEA–10] 

Proposed Amendment of Class D and 

Class E Airspace; Caldwell, NJ 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class D and Class E Airspace at 

Caldwell, NJ, as the Paterson NonDirectional Radio Beacon (NDB) has 

been decommissioned and new 

Standard Instrument Approach 

Procedures have been developed at 

Essex County Airport. This action 

would enhance the safety and airspace 

management of Instrument Flight Rules 

(IFR) operations at the airport. 

DATES: Comments must be received on 

or before March 11, 2013. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey SE., Washington, DC 20590– 

0001; Telephone: 1–800–647–5527; Fax: 

202–493–2251. You must identify the 

Docket Number FAA–2012–0609; 

Airspace Docket No. 12–AEA–10, at the 

beginning of your comments. You may 

also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

mstockstill on DSK4VPTVN1PROD with 

5150 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule 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– 

2012–0609; Airspace Docket No. 12– 

AEA–10) 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. 

Persons 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 

Docket No. FAA–2012–0609; Airspace 

Docket No. 12–AEA–10.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through 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 address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal Holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Eastern Service Center, Federal 

Aviation Administration, room 350, 

1701 Columbia Avenue, College Park, 

Georgia 30337. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend 

Class D airspace and Class E airspace 

designated as an extension to Class D 

surface area, to support new Standard 

Instrument Approach Procedures 

developed at Essex County Airport, 

Caldwell, NJ. Airspace reconfiguration 

is necessary due to the 

decommissioning of the Paterson NDB 

and cancellation of the NDB approach, 

and for continued safety and 

management of IFR operations at the 

airport. 

Class D and Class E airspace 

designations are published in Paragraph 

5000 and 6004, respectively, of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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 that 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 United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

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 airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would amend Class D and Class E 

airspace at Essex County Airport, 

Caldwell, NJ. 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, 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 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 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, effective 

September 15, 2012, is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AEA NJ D Caldwell, NJ [Amended] 

Essex County Airport, Caldwell, NJ 

(Lat. 40°52′30′′ N., long. 74°16′53′′ W.) 

That airspace extending upward from the 

surface up to and including 2,700 feet MSL 

within a 4.1-mile radius of Essex County 

Airport, excluding the portion that coincides 

with Morristown, NJ Class D airspace area.. 

This Class D airspace area is effective during 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6004 Class E airspace designated 

as an extension to a class D surface area. 

* * * * * 

AEA NJ E4 Caldwell, NJ [Amended] 

Essex County Airport, Caldwell, NJ 

(Lat. 40°52′30′′ N., long. 74°16′53′′ W.) 

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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Proposed Rules 5151 

That airspace extending upward from the 

surface within 2 miles each side of a 030° 

bearing from the Essex County Airport, 

extending from the 4.1-mile radius of the 

airport to 7 miles northeast of the airport. 

This Class E airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in College Park, Georgia, on 

December 12, 2012. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2013–01317 Filed 1–23–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1247; Airspace 

Docket No. 12–ANM–27] 

Proposed Amendment of Class E 

Airspace; Omak, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Omak 

Airport, Omak, WA. Decommissioning 

of the Nondirectional Radio Beacon 

(NDB) has made this action necessary 

for the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Comments must be received on 

or before March 11, 2013. 

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–2012–1247; Airspace 

Docket No. 12–ANM–27, 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. 

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 

2012–1247 and Airspace Docket No. 12– 

ANM–27) 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–2012–1247 and 

Airspace Docket No. 12–ANM–27’’. 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 NPRMs 

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 9:00 a.m. 

and 5:00 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 NPRMs 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 amending Class E 

airspace extending upward from 700 

feet above the surface and 1,200 feet 

above the surface at Omak Airport, 

Omak, WA. The Omak NDB navigation 

aid is being decommissioned and, 

therefore, removed from the legal 

description. The size and shape of the 

airspace will remain the same by using 

the Airport Reference Point in 

describing the airspace. This action 

would enhance the safety and 

management of aircraft operations at 

Omak Airport, Omak, WA. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9W, dated August 8, 2012, 

and effective September 15, 2012, 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 

mstockstill on DSK4VPTVN1PROD with