### 8962 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Rules and Regulations

for this technology are comparable to those for windshield wipers. Accordingly, introduction of this technology did not present a need for special conditions to maintain the level of safety embodied in the existing regulations.

Hydrophobic windshield coatings may depend to some degree on airflow directly over the windshield to maintain a clear vision area. The heavy rain and high-speed conditions specified in the current rule do not necessarily represent the limiting conditions 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 low speed flight or during ground operations. Alternatively, airflow over the windshield may be disturbed during such critical times as the approach to land, where the airplane is at a higher than 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 addition to potentially depending on airflow to function effectively, hydrophobic coatings may also be dependent on water droplet size for effective precipitation removal. For example, precipitation in the form of a light mist may not be sufficient for the coating’s properties to result in maintaining a clear area of vision.

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.

These special conditions provide an appropriate safety standard for the hydrophobic coating technology as the means to maintain a clear area of vision by requiring it to be effective at low speeds and precipitation rates as well as the higher speeds and precipitation rates identified in the current regulation.

Discussion of Comments

Notice of proposed special conditions No. 25–12–07–SC for the Embraer S.A. Model EMB–550 airplanes was published in the Federal Register on November 9, 2012, (77 FR 67308). No comments were received, and the special conditions are adopted as proposed. Applicability
As discussed above, these special conditions are applicable to the Embraer S.A. 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 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 Embraer S.A. Model EMB–550 airplanes.
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 flightcrew, 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 February
4, 2013. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013–02740 Filed 2–6–13; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2012–0952; Airspace Docket No. 12–AAL–6]** 

**Establishment of Class E Airspace; Kasigluk, AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action establishes Class E airspace at Kasigluk, AK, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Kasigluk Airport. This action also makes a minor adjustment to the geographic coordinates of the airport. The FAA is taking this action to enhance the safety and management of aircraft operations at the airport.

**DATES :**  Effective date, 0901 UTC, May 2, 2013. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Richard Roberts, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203–4517.

**SUPPLEMENTARY INFORMATION :**  History

On October 4, 2012, the FAA published in the Federal Register a notice of proposed rulemaking to modify controlled airspace at Kasigluk, AK (77 FR 60660). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Subsequent to publication, it was noted that the geographic coordinates were not rounded up. This action corrects that

error.

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 designations listed in this document will be published subsequently in that Order.


### 8963 Federal Register / Vol. 78, No. 26 / Thursday, February 7, 2013 / Rules and Regulations

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface, at Kasigluk Airport, Kasigluk, AK, to accommodate aircraft using the new RNAV (GPS) standard instrument approach procedures at the airport. Also, the airport’s geographic longitudinal coordinate is rounded up to the next whole number. This action is necessary for the safety and management of instrument flight rules operations at the airport.

The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this 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 rule, when promulgated, will 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 discusses the authority of 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 of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies controlled airspace at Kasigluk Airport, Kasigluk, AK.

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air) Adoption of the Amendment

In consideration of the foregoing, the Federal Aviation Administration amends 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 14 CFR 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 the Federal Aviation Administration Order 7400.9W, Airspace Designations and Reporting Points, dated August 8, 2012, and effective September 15, 2012 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
AAL AK E5 Kasigluk, AK [New] Kasigluk Airport, AK

(Lat. 60 ° 52 ′ 24′′ N., long. 162 ° 31 ′28′′ W.) That airspace extending upward from 700 feet above the surface within a 7.0-mile radius of Kasigluk Airport.

Issued in Seattle, Washington, on January 30, 2013. Clark Desing, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013–02590 Filed 2–6–13; 8:45 am]

**BILLING CODE 4910–13–P**

**NATIONAL AERONAUTICS AND SPACE ADMINISTRATION** 

**14 CFR Part 1212**

**[Document Number NASA–2012–0005]**

**RIN 2700–AD86**

**Update of Existing Privacy Act—NASA Regulations** 

**AGENCY :**  National Aeronautics and Space Administration.

**ACTION :**  Correcting amendments.

**SUMMARY :**  This document contains corrections to the final regulations (NASA–2012–0005), which were published in the Federal Register of Thursday, October 4, 2012 (77 FR 60620). The regulations relate to requests to access individual Privacy Act records.

**DATES :**  Effective February 7, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Nanette Jennings, 202–358–0819.

**SUPPLEMENTARY INFORMATION :**  Background

NASA’s final regulations that published in the Federal Register of October 4, 2012 [77 FR 60622] inadvertently omits the responsibility of NASA’s Freedom of Information Act (FOIA) Office that processes requests for individual records. An individual’s access request for his/her own record maintained in a system of records are processed by NASA’s Privacy Act Office and FOIA Office staff. Therefore, this correction adds responsibility of the FOIA Office. This corrections also corrects the title to § 1212.201 and terms that were missed in the initial publication. Need for Correction

As published, the final regulations contain omissions, an incorrect section title and terms which may prove to be misleading and need to be clarified. List of Subjects in 14 CFR Part 1212

Freedom of information, Privacy. Accordingly, 14 CFR part 1212 is corrected by making the following correcting amendments:

**PART 1212—PRIVACY ACT—NASA REGULATIONS** 

■ 1. The authority citation for part 1212 is revised to read as follows:

Authority: The National Aeronautics and Space Act, as amended, 51 U.S.C. 20101 et seq.; the Privacy Act of 1974, as amended, 88 Stat. 1896, 5 U.S.C. 552a.

■ 2. Revise the heading of § 1212.201 and paragraph (c)(1), redesignate paragraph (f) as paragraph (g), and add a new paragraph (f) to read as follows:

**§ 1212.201 Requesting a record.**
* * * * *

(c) * * * (1) Requests must be directed to the appropriate system manager, or, if unknown, to the Center Privacy Manager or Freedom of Information Act (FOIA) Office at NASA Headquarters or Field Center. The request should be identified clearly on the envelope and on the letter as a ‘‘Request Under the Privacy Act.’’

* * * * *

(f) If the Center FOIA Office receives a first party request for records or access, the FOIA Office will process the