Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices 20295 

SBA may then identify a specific item 

within a PSC and NAICS code to which 

a class waiver would apply. ‘‘Available 

to participate’’ in the context of the 

Federal market means that contractors 

exist that have been awarded or have 

performed a contract to supply a 

specific class of products to the Federal 

Government within 24 months from the 

date of the request for waiver, either 

directly or through a dealer, or that have 

submitted an offer on a solicitation for 

that class of products within that time 

frame. 13 CFR 121.1202(c). 

On November 2, 2004, SBA granted a 

class waiver of the Nonmanufacturer 

Rule for Miscellaneous Electrical 

Equipment and Component 

Manufacturing, classified under NAICS 

code 335999 (All Other Miscellaneous 

Electrical Equipment and Component 

Manufacturing), PSC 5999 

(Miscellaneous Electrical and Electronic 

Components). 69 FR 61429. On January 

28, 2008, SBA granted a class waiver for 

Fluorescent Lamps, Incandescent 

Lamps, etc., classified under NAICS 

code 335999, PSC 6240 (Electric 

Lamps). 73 FR 4940. The same day, SBA 

granted a class waiver for Electric Lamp 

Starters and Lamp Holders, etc., 

classified under NAICS code 335999, 

PSC 6250 (Ballasts, Lampholders, and 

Starters). 73 FR 4941. On March 21, 

2008, SBA granted a class waiver for 

Indoor and Outdoor Electric Lighting 

Fixtures, classified under NAICS code 

335999, PSC 6210 (Indoor and Outdoor 

Electrical Lighting Fixtures). 73 FR 

15251. 

In 2013, SBA received a request from 

a small business manufacturer to 

rescind the class waiver of the 

Nonmanufacturer Rule for 

Miscellaneous Electrical Equipment and 

Component Manufacturing (classified 

under NAICS code 335999, PSC 5999). 

According to the request, there was at 

least one small business manufacturer 

that had conducted business with the 

Federal Government within the 

previous 24 months and provided at 

least one of the various supplies listed 

under the class waiver applicable to 

Miscellaneous Electrical Equipment and 

Component Manufacturing. SBA’s 

independent research resulted in the 

discovery of other small business 

manufacturers of various items listed 

under the descriptors applicable to 

Miscellaneous Electrical Equipment and 

Component Manufacturing. 

On July 17, 2013, SBA published a 

notice in the Federal Register stating 

that SBA intended to rescind the class 

waiver for NAICS code 335999. 78 FR 

42817. The public comment period for 

this notice closed on August 1, 2013. 

Soon after it closed, a small business 

manufacturer requested that the public 

comment period be reopened to allow 

submission of additional data. SBA 

reopened the comment period from 

August 20, 2013 to September 19, 2013. 

78 FR 51263. During the comment 

periods, five respondents submitted 

eight comments. 

Two commenters strongly supported 

rescinding the class waiver for NAICS 

code 335999, PSC 5999. These 

commenters also stated that the three 

other previously granted class waivers 

under NAICS code 335999 were 

misclassified and recommended that 

SBA reclassify them under different 

NAICS codes. Another respondent, a 

small business manufacturer of 

electrical equipment, fully supported 

the rescission of the class waiver for 

NAICS code 335999, PSC 5999. A fourth 

commenter opposed the rescission but 

insisted that SBA adopt the above 

revisions and reclassifications of the 

class waivers under NAICS code 

335999. A fifth respondent, a small 

distributor of lighting, electrical and 

voice and data products, opposed 

rescinding the waiver and commented 

that the rescission of this waiver would 

negatively impact his business. 

However, the commenter did not 

provide an explanation or evidence as to 

how rescission of this wavier would 

negatively impact his business. That 

same commenter also recommended 

that the class waivers for PSCs 6210, 

6240, and 6250 be reclassified under 

different NAICS codes. A small business 

distributor of electrical supplies 

supported the rescission of the class 

waiver for NAICS code 335999, PSC 

5999 on the grounds that contracting 

officers are justifying their refusal to set 

aside contracts for the procurement of 

miscellaneous electrical equipment 

based on this wavier being in place. 

Another respondent, a small business 

lighting products distributor, supported 

rescission of all of the class waivers 

classified under NAICS code 335999. 

This respondent commented that a class 

waiver should never have been granted 

for PSC 5999 and that the waivers for 

PSCs 6210, 6240, and 6250 are 

misclassified under NAICS code 

335999, resulting in contracting officials 

refusing to set aside these procurements 

for small business and instead choosing 

to procure through unrestricted 

procedures. One commenter’s request 

was not relevant to the purpose of this 

class waiver and therefore is not 

addressed here. 

Based on the public comments 

received, SBA’s analysis of data 

submitted, and independent market 

research performed by SBA, it has been 

determined that several small business 

manufacturers of miscellaneous 

electrical equipment are currently 

available to participate in the Federal 

marketplace. In addition, SBA’s 

research validated the commenters’ 

assertions regarding the improper 

NAICS code classification of the class 

waivers for PSCs 6210, 6240, and 6250. 

Therefore, SBA has decided to take the 

following actions: (1) Rescind the class 

waiver for Miscellaneous Electrical 

Equipment and Component 

Manufacturing, classified under NAICS 

code 335999, PSC 5999 (see 69 FR 

61429); (2) rescind the class waiver for 

Indoor and Outdoor Electric Lighting 

Fixtures, classified under NAICS code 

335999, PSC 6210 (see 73 FR 15251), 

and replace it by granting a class waiver 

for Indoor and Outdoor Electrical 

Lighting Fixtures, under NAICS code 

335122 (Commercial, Industrial, and 

Institutional Electric Lighting Fixture 

Manufacturing), PSC 6210 (Indoor and 

Outdoor Electrical Lighting Fixtures); 

(3) rescind the class waiver for 

Fluorescent Lamps, Incandescent 

Lamps, etc., classified under NAICS 

code 335999, PSC 6240 (see 73 FR 4940) 

and replace it by granting a class waiver 

for Electric Lamps, under NAICS code 

335110 (Electric Lamp Bulb and Part 

Manufacturing), PSC 6240 (Electric 

Lamps); and (4) rescind the class waiver 

for Electric Lamp Starters and Lamp 

Holders, etc., classified under NAICS 

code 335999, PSC 6250 (see 73 FR 4941) 

and replace it by granting a class waiver 

for Ballasts, Lampholders, and Starters, 

under NAICS code 335311 (Power, 

Distribution, and Specialty Transformer 

Manufacturing), PSC 6250 (Ballasts, 

Lampholders, and Starters). 

Dated: March 31, 2014. 

Judith A. Roussel, 

Director, Office of Government Contracting. 

[FR Doc. 2014–08088 Filed 4–10–14; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Aviation Rulemaking Advisory 

Committee—Transport Airplane 

Performance and Handling 

Characteristics—Continuing a Task 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of phase 2 task 

assignment for the Aviation Rulemaking 

Advisory Committee (ARAC). 

SUMMARY: The FAA assigned the 

Aviation Rulemaking Advisory 

Committee (ARAC) a new phase 2 task 

to provide recommendations regarding 


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20296 Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices 

new or updated standards in the highest 

priority topic areas for airplane 

performance and handling 

characteristics. This task addresses the 

Flight Test Harmonization Working 

Group’s recent recommendations. This 

notice informs the public of phase 2 

ARAC activity and does not solicit 

membership for the existing Flight Test 

Harmonization Working Group 

(FTHWG). 

FOR FURTHER INFORMATION CONTACT: Joe 

Jacobsen, Airplane & Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Federal Aviation 

Administration, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone 425–227–2011, facsimile 

425–227–1149; email joe.jacobsen@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

ARAC Acceptance of Task 

As a result of the March 20, 2014, 

ARAC meeting, the FAA has assigned 

and ARAC has accepted this task and 

will use the existing FTHWG. The 

FTHWG will serve as staff to ARAC and 

provide advice and recommendations 

on the assigned task. ARAC will review 

and approve the recommendation report 

that will be sent to the FAA. 

Background 

The FAA established ARAC to 

provide advice and recommendations to 

the FAA Administrator, through the 

Associate Administrator of Aviation 

Safety, on the FAA’s rulemaking 

activities. ARAC’s objectives are to 

improve the development of the FAA’s 

regulations by providing information, 

advice, and recommendations related to 

aviation issues. 

The FTHWG will provide advice and 

recommendations to ARAC on new and 

updated standards for the highest 

priority topic areas for airplane 

performance and handling 

characteristics. 

In March 2013, the FAA tasked ARAC 

to provide advice and recommendations 

in prioritizing potential topic areas for 

the development of new or revised 

standards for airplane performance and 

handling characteristics in new 

transport category airplanes. The output 

of that task is now complete and is the 

basis for this new task. The highest 

priority topic areas were determined to 

be new or updated standards for fly-bywire (FBW) flight controls, wet runway 

stopping performance, runway 

excursion hazard classification, stall 

speed in ground effect, steep approach, 

flight test methods used to determine 

maximum tailwind and crosswind 

capability, susceptibility to pilotinduced oscillations/airplane-pilot 

coupling (PIO/APC), and guidance 

material for assessing handling 

qualities. This task will be to develop 

these high priority topic areas. 

The Task 

The working group should develop 

recommended standards in the 

following topic areas. If there are 

disagreements within the working 

group, these should be documented, 

including the reasons for the 

disagreement and rationale from each 

party. The following subject areas 

should be worked upon within this task: 

1. Fly-by-wire Flight Controls. 

Regulatory requirements and associated 

guidance material for airworthiness 

certification of airplane designs using 

fly-by-wire technology to remove the 

need for longstanding, repetitively-used 

fly-by-wire special conditions. Specific 

areas include: 

a. Applicability/adaptation of 

Amendment 25–121 airplane 

performance and handling 

characteristics in icing conditions 

requirements, 

b. Lateral/directional/longitudinal 

stability, 

c. Out of trim requirements, 

d. Side stick controls, and 

e. Flight envelope protection. 

2. Takeoff and Landing Performance. 

Regulatory requirements and associated 

guidance material for airworthiness 

certification in the following areas listed 

below. (Note: This topic area excludes 

items addressed by the Takeoff and 

Landing Performance Assessment 

Aviation Rulemaking Committee.) 

a. Flight test methods used to 

determine maximum tailwind and 

crosswind capability. For crosswind 

testing, better define intended 

operational use of demonstrated 

maximum steady and gusting crosswind 

performance. 

b. Wet runway stopping performance. 

Recent landing overruns on wet 

runways have raised questions 

regarding current wet runway stopping 

performance requirements and methods. 

Analyses indicate that the braking 

coefficient of friction in each case was 

significantly lower than expected for a 

wet runway (i.e., lower than the level 

specified in FAA regulations). 

Consideration should also be given to 

the scheduling of landing performance 

on wet porous friction course and 

grooved runway surfaces. 

Recommendations may include the 

need for additional data gathering, 

analysis, and possible rulemaking. 

c. Steep approach landing 

performance. Current airplane 

certification standards are not 

harmonized among the U.S., Canadian, 

Brazilian, and European airworthiness 

authorities. 

d. Guidance material addressing the 

adverse effects on stall speed in ground 

effect. 

e. Runway excursion hazard 

classification. Current safety 

assessments are not harmonized among 

the U.S., Canadian, Brazilian, and 

European airworthiness authorities. 

3. Handling Characteristics. Guidance 

material for airworthiness certification 

in the following areas: 

a. Guidance material for assessing 

handling qualities. Current Advisory 

Circular 25–7, ‘‘Flight Test Guide for 

Certification of Transport Category 

Airplanes,’’ provides an FAA Handling 

Quality Rating Method that is intended 

to provide a systematic way of 

determining appropriate minimum 

handling qualities requirements and 

evaluating those handling qualities forconditions affecting an airplane’s flying 

qualities. The FAA handling quality 

rating system is not universally 

accepted within industry, nor is it 

accepted by EASA. 

b. Guidance for assessing 

susceptibility to pilot-induced 

oscillations/airplane-pilot coupling 

(PIO/APC). Guidance provided in 

Advisory Circular 25–7C for evaluating 

PIO/APC is also not well accepted by 

airplane manufacturers, is not 

harmonized with EASA, and has been 

superseded to some extent in recent 

certification programs. Modified 

guidance is needed to both simplify and 

standardize the methods for evaluating 

an airplane’s susceptibility to PIO/APC. 

Schedule 

The recommendation report must be 

submitted to the FAA for review and 

acceptance no later than 3 years from 

the publication date of this tasking. The 

FAA expects to publish additional 

ARAC taskings for follow-on phases to 

develop other topic areas which were 

lower in priority. 

Working Group Activity 

The FTHWG must comply with the 

procedures adopted by ARAC. As part 

of the procedures, the working group 

must: 

1. Conduct a review and analysis of 

the assigned task and any other related 

materials or documents. 

2. Draft and submit a work plan for 

completion of the task, including the 

rationale supporting such a plan, for 

consideration by the Transport Airplane 

and Engine (TAE) Subcommittee. 

3. Provide a status report at each TAE 

Subcommittee meeting. 


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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices 20297 

4. Draft and submit the 

recommendation report based on the 

review and analysis of the assigned 

tasks. 

5. Present the recommendation report 

at the TAE Subcommittee meeting. 

Participation in the Working Group 

The existing FTHGW is comprised of 

technical experts having an interest in 

the assigned task. A working group 

member need not be a representative or 

a member of the full committee. In 

accordance with the June 18, 2010, 

memorandum entitled ‘‘Lobbyists on 

Agency Boards and Commissions,’’ 

members are not federally registered 

lobbyists, who are subject to the 

registration and reporting requirements 

of the Lobbying Disclosure Act of 1995 

(LDA) as amended, 2 U.S.C. 1603, 1604, 

and 1605, at the time of appointment or 

reappointment to an advisory 

committee, and has not served in such 

a role for three consecutive quarters 

prior to appointment. (For further 

information see the Office of 

Management and Budget final guidance 

on appointment of lobbyists to federal 

boards and commissions (76 FR 61756, 

October 5, 2011). 

All existing FTHWG members who 

wish to participate in this task must 

actively participate by attending all 

meetings, and providing written 

comments when requested to do so. 

Each member must devote the resources 

necessary to support the working group 

in meeting any assigned deadlines. Each 

member must keep their management 

chain, and those they may represent, 

advised of working group activities and 

decisions to ensure the proposed 

technical solutions do not conflict with 

their sponsoring organization’s position 

when the subject is presented to ARAC 

for approval. Once the FTHWG has 

begun deliberations, members will not 

be added or substituted without the 

approval of the FAA and the Working 

Group Chair. 

The Secretary of Transportation 

determined the formation and use of 

ARAC is necessary and in the public 

interest in connection with the 

performance of duties imposed on the 

FAA by law. 

ARAC meetings are open to the 

public. However, meetings of the 

FTHWG are not open to the public, 

except to the extent individuals with an 

interest and expertise are selected to 

participate. The FAA will make no 

public announcement of FTHWG 

meetings. 

Issued in Washington, DC, on April 8, 

2014. 

Lirio Liu, 

Designated Federal Officer, Aviation 

Rulemaking Advisory Committee. 

[FR Doc. 2014–08139 Filed 4–10–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program; Southwest Florida 

International Airport, Fort Myers, FL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the Noise Compatibility 

Program submitted by the Lee County 

Port Authority under the provisions of 

49 U.S.C. (the Aviation Safety and Noise 

Abatement Act, hereinafter referred to 

as ‘‘the Act’’) and 14 CFR part 150. 

These findings are made in recognition 

of the description of Federal and 

nonfederal responsibilities in Senate 

Report No. 96–52 (1980). On January 30, 

2013, the FAA determined that the 

noise exposure maps submitted by the 

Lee County Port Authority under Part 

150 were in compliance with applicable 

requirements. On April 4, 2014, the 

FAA approved the Southwest Florida 

International Airport Noise 

Compatibility Program. Some of the 

recommendations of the Program were 

approved by FAA. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the Southwest 

Florida International Airport Noise 

Compatibility Program is April 4, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Allan Nagy, Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Drive, Suite 400, Orlando, FL 32822, 

phone number: (407) 812–6331. 

Documents reflecting this FAA action 

may be reviewed at this same location. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA has 

given its overall approval to the Noise 

Compatibility Program for Southwest 

Florida International Airport, effective 

April 4, 2014. 

Under Section 47504 of the Act, an 

airport operator who has previously 

submitted a Noise Exposure Map may 

submit to the FAA a Noise 

Compatibility Program which sets forth 

the measures taken or proposed by the 

airport operator for the reduction of 

existing non-compatible land uses and 

prevention of additional non-compatible 

land uses within the area covered by the 

Noise Exposure Maps. The Act requires 

such programs to be developed in 

consultation with interested and 

affected parties including local 

communities, government agencies, 

airport users, and FAA personnel. 

Each airport Noise Compatibility 

Program developed in accordance with 

Title 14 Code of Federal Regulations 

(CFR) Part 150 is a local program, not 

a Federal Program. The FAA does not 

substitute its judgment for that of the 

airport operator with respect to which 

measure should be recommended for 

action. The FAA’s approval or 

disapproval of 14 CFR Part 150 Program 

recommendations is measured 

according to the standards expressed in 

14 CFR Part 150 and the Act, and is 

limited to the following determinations: 

a. The Noise Compatibility Program 

was developed in accordance with the 

provisions and procedures of 14 CFR 

Part 150; 

b. Program measures are reasonably 

consistent with achieving the goals of 

reducing existing non-compatible land 

uses around the airport and preventing 

the introduction of additional noncompatible land uses; 

c. Program measures would not create 

an undue burden on interstate or foreign 

commerce, unjustly discriminate against 

types or classes of aeronautical uses, 

violate the terms of airport grant 

agreements, or intrude into areas 

preempted by the Federal government; 

and 

d. Program measures relating to the 

use of flight procedures can be 

implemented within the period covered 

by the program without derogating 

safety, adversely affecting the efficient 

use and management of the navigable 

airspace and air traffic control systems, 

or adversely affecting other powers and 

responsibilities of the Administrator 

prescribed by law. 

Specific limitations with respect to 

FAA’s approval of an airport Noise 

Compatibility Program are delineated in 

14 CFR Part 150, Section 150.5. 

Approval is not a determination 

concerning the acceptability of land 

uses under Federal, state, or local law. 

Approval does not by itself constitute an 

FAA implementing action. A request for 

Federal action or approval to implement 

specific noise compatibility measures 

may be required, and an FAA decision 

on the request may require an 

environmental assessment of the 

proposed action. Approval does not 

constitute a commitment by the FAA to 

financially assist in the implementation 

of the Program nor a determination that 

all measures covered by the Program are 


tkelley on DSK3SPTVN1PROD with NOTICES