22426 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

introducing BSE into the United States

and adding Germany, Italy, and Spain to

the list in § 94.18(a)(1) of regions where

BSE is known to exist. The effect of this

action is a continued restriction on the

importation of ruminants that have been

in Germany, Italy, or Spain and on the

importation of meat, meat products, and

certain other products and byproducts

of ruminants that have been in

Germany, Italy, and Spain.

Emergency Action

This rulemaking is necessary on an

emergency basis to update the disease

status of Germany, Italy, and Spain

regarding BSE. Under these

circumstances, the Administrator has

determined that prior notice and

opportunity for public comment are

contrary to the public interest and that

there is good cause under 5 U.S.C. 553

for making this rule effective less than

30 days after publication in the Federal

Register.

We will consider comments that are

received within 60 days of publication

of this rule in the Federal Register.

After the comment period closes, we

will publish another document in the

Federal Register that will include a

discussion of any comments we receive

and any amendments we are making to

the rule as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

under Executive Order 12866.

We are amending the regulations by

adding Germany, Italy, and Spain to the

list of regions where BSE exists because

the disease has been detected in nativeborn animals in those regions. Germany,

Italy, and Spain are currently listed

among the regions that present an

undue risk of introducing BSE into the

United States. Regardless of which of

the two lists a region is on, the same

restrictions apply to the importation of

ruminants and meat, meat products, and

most other products and byproducts of

ruminants that have been in the region.

Therefore, this action, which is

necessary in order to update the disease

status of Germany, Italy, and Spain

regarding BSE, will not result in any

change in the restrictions that apply to

the importation of ruminants and meat,

meat products, and certain other

products and byproducts of ruminants

that have been in Germany, Italy, or

Spain.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This interim rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, we are amending 9 CFR

part 94 as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 450, 7711, 7712, 7713,

7714, 7751, and 7754; 19 U.S.C. 1306; 21

U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136,

and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and

4332; 7 CFR 2.22, 2.80, and 371.4.

§ 94.18 [Amended]

2. Section 94.18 is amended as

follows:

a. In paragraph (a)(1), by adding, in

alphabetical order, the words

‘‘Germany,’’, ‘‘Italy,’’, and ‘‘Spain,’’.

b. In paragraph (a)(2), by removing the

words ‘‘Germany,’’, ‘‘Italy,’’, and

‘‘Spain,’’.

Done in Washington, DC, this 30th day of

April 2001.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 01–11247 Filed 5–3–01; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM190, Special Conditions No.

25–178–SC]

Special Conditions: Bombardier Inc.

Model CL–600–1A11 Airplane; HighIntensity Radiated Fields (HIRF)

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for Bombardier Inc. Model CL–

600–1A11 airplanes modified by

Duncan Aviation, Inc. These modified

airplanes will have novel and 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 dual

Attitude Heading Reference Systems

(AHRS) as well as a new Electronic

Flight Information System (EFIS) that

displays critical flight parameters to the

flightcrew. The applicable airworthiness

standards do not contain adequate or

appropriate safety standards for the

protection of these systems from the

effects of high-intensity radiated fields.

The special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that provided by the existing

airworthiness standards.

DATES: The effective date of these

special conditions is April 25, 2001.

Comments must be received on or

before June 4, 2001.

ADDRESSES: Comments on these special

conditions may be mailed in duplicate

to: Federal Aviation Administration,

Transport Airplane Directorate, Attn:

Rules Docket (ANM–114), Docket No.

NM190, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056; or

delivered in duplicate to the Transport

Airplane Directorate at the above

address. Comments must be marked:

Docket No. NM190. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Mark Quam, FAA, Standardization

Branch, ANM–113, Transport Airplane

Directorate, Aircraft Certification

Service, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056;

telephone (425) 227–2145; facsimile

(425) 227–1149.

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22427

SUPPLEMENTARY INFORMATION: The FAA

has determined that notice and

opportunity for prior public comment

hereon are impracticable because these

procedures would significantly delay

issuance of the approval design 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

Interested persons are invited to

submit such written data, views, or

arguments as they may desire.

Communications should identify the

rules docket or special conditions

number and be submitted in duplicate

to the address specified above. All

communications received on or before

the closing date for comments will be

considered by the Administrator. These

special conditions may be changed in

light of the comments received. All

comments received will be available in

the Rules Docket for examination by

interested persons, both before and after

the closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to these special

conditions must include a selfaddressed, stamped postcard on which

the following statement is made:

‘‘Comments to Docket No. NM190.’’ The

postcard will be date stamped and

returned to the commenter.

Background

On November 28, 2000, Duncan

Aviation Inc., P.O. Box 81887, Lincoln,

NE 68501, applied for a supplemental

type certificate (STC) to modify

Bombardier Inc. Model CL–600–1A11

airplane listed on Type Certificate

A21EA. The Model CL–600–1A11 is a

twin engine transport airplane. It has an

executive interior and is capable of

carrying two flight crewmembers and up

to nineteen passengers. This model is

powered by two aft mounted AVCO

Lycoming ALF–502L or ALF–502L–2

engines. The modification incorporates

the installation of dual Rockwell Collins

Attitude Heading Reference Systems

(AHRS) as well as a new Electronic

Flight Information System (EFIS) that

displays critical flight parameters to the

flightcrew. These systems can be

susceptible to disruption to command

and/or response signals as a result of

electrical and magnetic interference.

This disruption of signals could result

in loss of all critical flight displays and

annunciations or present misleading

information to the pilot.

Type Certification Basis

Under the provisions of 14 CFR

21.101, Duncan Aviation must show

that the Bombardier Inc. Model CL–

600–1A11 airplanes, as changed,

continue to meet the applicable

provisions of the regulations

incorporated by reference in Type

Certificate No. A21EA, or the applicable

regulations in effect on the date of

application for the change. The

regulations incorporated by reference in

the type certificate are commonly

referred to as the ‘‘original type

certification basis.’’ The certification

basis for the modified Bombardier Inc.

Model CL–600–1A11 airplane includes

14 CFR part 25, dated February 1, 1965,

including Amendments 25–1 through

25–37, as listed in the Type Certificate

Data Sheet (TCDS) A21EA.

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 Bombardier Inc. Model

CL–600–1A11 airplane because of a

novel or unusual design feature, special

conditions are prescribed under the

provisions of § 21.16.

In addition to the applicable

airworthiness regulations and special

conditions, the Model CL–600–1A11

airplane must comply with the part 25

fuel vent and exhaust emission

requirements of 14 CFR part 34 and the

part 25 noise certification requirements

of 14 CFR part 36.

Special conditions, as defined in

§ 11.19, are issued in accordance with

§ 11.38 and become part of the type

certification basis in accordance with

§ 21.101(b)(2).

Special conditions are initially

applicable to the model for which they

are issued. Should Duncan Aviation,

Inc. apply for a supplemental type

certificate to modify any other model

included on the same type certificate to

incorporate the same novel or unusual

design feature, these special conditions

would also apply to the other model

under the provisions of § 21.101(a)(1).

Novel or Unusual Design Features

The Bombardier Inc. Model CL–600–

1A11 airplane will incorporate the

following novel or unusual design

features: Dual Attitude and Heading

Reference Systems (AHRS) as well as a

new Electronic Flight Information

System (EFIS) that displays critical

flight parameters to the flightcrew.

These systems can be susceptible to

disruption to command and/or response

signals as a result of electrical and

magnetic interference. This disruption

of signals could result in loss of all

critical flight displays and

annunciations or present misleading

information to the pilot.

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 avionic/

electronic 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 Bombardier Inc. Model CL–600–

1A11 as modified by Duncan Aviation

Inc. These special conditions require

that new avionic/electronic and

electrical systems, such as the AHRS

and EFIS that perform critical functions,

be designed and installed to preclude

component damage and interruption of

function due to both the direct and

indirect effects of HIRF.

High-Intensity Radiated Fields (HIRF)

With the trend toward increased

power levels from ground-based

transmitters, plus the advent of space

and satellite communications, coupled

with electronic command and control of

the airplane, the immunity of critical

digital avionics 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 paragraph 2,

below:

1. A minimum threat of 100 volts rms

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.

22428 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

2. A threat external to the airframe of

the following field strengths 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 Bombardier

Inc. Model CL–600–1A11 airplane

modified by Duncan Aviation, Inc.

Should Duncan apply at a later date for

a supplemental type certificate to

modify any other model included on the

same type certificate to incorporate the

same novel or unusual design feature,

these special conditions would apply to

that model as well under the provisions

of § 21.101(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on

Bombardier Inc. Model CL–600–1A11

airplane 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 the special

conditions for this airplane 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.

For this reason, and 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 Bombardier Inc.

Model CL–600–1A11 airplanes modified

by Duncan.

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 April 25,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–11254 Filed 5–3–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM191, Special Conditions No.

25–179–SC]

Special Conditions: Lockheed-Georgia

Model 1329–25; and Models 1329–23A,

–23D and –23E airplanes modified by

STC SA2326SW (JetStar 731); HighIntensity Radiated Fields (HIRF)

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for the Lockheed-Georgia Model

1329–25, and Models 1329–23A, –23D

and –23E airplanes modified by STC

SA2326SW, for the modifications

installed by Duncan Aviation Inc. These

modified airplanes will have novel and

unusual design features when compared

to the state of technology envisioned in

the airworthiness standards for

transport category airplanes. The