Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations 30649

the applicant’s ‘‘net income after

Federal income taxes’’ will be its net

income reduced by an amount

computed as follows:

(i) If the applicant is not required by

law to pay State (and local, if any)

income taxes at the enterprise level,

multiply its net income by the marginal

State income tax rate (or by the

combined State and local income tax

rates, as applicable) that would have

applied if it were a taxable corporation.

(ii) Multiply the applicant’s net

income, less any deduction for State and

local income taxes calculated under

paragraph (b)(2)(i) of this section, by the

marginal Federal income tax rate that

would have applied if the applicant

were a taxable corporation.

(iii) Sum the results obtained in

paragraphs (b)(2)(i) and (b)(2)(ii) of this

section.

(c) For the Small Business Investment

Company (SBIC) program, an applicant

must meet one of the following

standards:

(1) The same standards applicable

under paragraph (a) of this section; or

(2) Including its affiliates, tangible net

worth not in excess of $18 million, and

average net income after Federal income

taxes (excluding any carry-over losses)

for the preceding two completed fiscal

years not in excess of $6 million. If the

applicant is not required by law to pay

Federal income taxes at the enterprise

level, but is required to pass income

through to its shareholders, partners,

beneficiaries, or other equitable owners,

the applicant’s ‘‘net income after

Federal income taxes’’ will be its net

income reduced by an amount

computed as follows:

(i) If the applicant is not required by

law to pay State (and local, if any)

income taxes at the enterprise level,

multiply its net income by the marginal

State income tax rate (or by the

combined State and local income tax

rates, as applicable) that would have

applied if it were a taxable corporation.

(ii) Multiply the applicant’s net

income, less any deduction for State and

local income taxes calculated under

paragraph (c)(2)(i) of this section, by the

marginal Federal income tax rate that

would have applied if the applicant

were a taxable corporation.

(iii) Add the results obtained in

paragraphs (c)(2)(i) and (c)(2)(ii) of this

section.

* * * * *

Dated: May 30, 2001.

John Whitmore,

Acting Administrator.

[FR Doc. 01–14222 Filed 6–6–01; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE167, Special Condition 23–

107–SC]

Special Conditions; Diamond DA 40;

Protection of Systems for High

Intensity Radiated Fields (HIRF)

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued to Diamond Aircraft Industries

GmbH, N.A. Otto-Str. 5, A–2700 Wiener

Neustadt, Austria, for a Type Certificate

for the Model DA 40 airplane. This

airplane will have the potential for

novel and unusual design features when

compared to the state of technology

envisaged in the applicable

airworthiness standards. The current

design does not include novel and

unusual design features such as the

installation of electronic flight

instrument system (EFIS) displays;

however, Diamond Aircraft Industries

GmbH would like to make the

applicable tests necessary for these

types of installations for which the

applicable regulations do not contain

adequate or appropriate airworthiness

standards for the protection of these

systems from the effects of high

intensity radiated fields (HIRF). These

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

the airworthiness standards applicable

to these airplanes.

DATES: The effective date of these

special conditions is July 9, 2001.

Comments must be received on or

before July 9, 2001.

ADDRESSES: Comments may be mailed

in duplicate to: Federal Aviation

Administration Regional Counsel, ACE–

7, Attention: Rules Docket Clerk, Docket

No. CE167, Room 506, 901 Locust,

Kansas City, Missouri 64106. All

comments must be marked: Docket No.

CE167. Comments may be inspected in

the Rules Docket weekdays, except

Federal holidays, between 7:30 a.m. and

4 p.m.

FOR FURTHER INFORMATION CONTACT:

Ervin Dvorak, Aerospace Engineer,

Standards Office (ACE–110), Small

Airplane Directorate, Aircraft

Certification Service, Federal Aviation

Administration, 901 Locust, Room 301,

Kansas City, Missouri 64106; telephone

(816) 329–4123.

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

regulatory docket or notice 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. The 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 this notice

must include a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. CE167.’’ The postcard will

be date stamped and returned to the

commenter.

Background

On May 11, 2000, Diamond Aircraft

Industries GmbH, N.A. Otto-Str. 5, A–

2700 Wiener Neustadt, Austria, made an

application to the FAA for a new

Certificate for the Model DA 40

airplane. The current design does not

include novel and unusual design

features such as the installation of

electronic flight instrument system

(EFIS) displays; however, Diamond

Aircraft Industries GmbH would like to

make the applicable tests necessary for

these types of installations. The

applicable regulations do not contain

adequate or appropriate airworthiness

standards for the protection of these

systems from the effects of high

intensity radiated fields (HIRF). These

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

30650 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations

the airworthiness standards applicable

to these airplanes.

Type Certification Basis

Under the provisions of 14 CFR 21.17,

Diamond Aircraft Industries GmbH,

must show that the Model DA 40

aircraft meets the following provisions,

or the applicable regulations in effect on

the date of application for the Model DA

40: FAR part 23 effective February 9,

1996, through Amendment 23–51. Noise

Certification—FAR 36 up to

Amendment 10, as applicable. Fuel

Venting Emissions—SFAR 27 up to

Amendment 3, as applicable;

exemptions, if any; and the special

conditions adopted by this rulemaking

action.

Discussion

If the Administrator finds that the

applicable airworthiness standards do

not contain adequate or appropriate

safety standards because of novel or

unusual design features of an airplane,

special conditions are prescribed under

the provisions of § 21.16.

Special conditions are normally

issued in accordance with § 11.19, as

required by § 11.38, and become a part

of the type certification basis in

accordance with § 21.17(a)(2).

Special conditions are initially

applicable to the model for which they

are issued. Should the applicant apply

for a supplemental type certificate to

modify any other model already

included on the same type certificate to

incorporate the same novel or unusual

design feature, the special conditions

would also apply to the other model

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

Novel or Unusual Design Features

Diamond Aircraft Industries GmbH,

plans to test the Model DA 40 such that

it could incorporate certain novel and

unusual design features into the

airplane for which the airworthiness

standards do not contain adequate or

appropriate safety standards for

protection from the effects of HIRF.

Protection of Systems From High

Intensity Radiated Fields (HIRF)

Recent advances in technology have

given rise to the application in aircraft

designs of advanced electrical and

electronic systems that perform

functions required for continued safe

flight and landing. Due to the use of

sensitive solid state advanced

components in analog and digital

electronics circuits, these advanced

systems are readily responsive to the

transient effects of induced electrical

current and voltage caused by the HIRF.

The HIRF can degrade electronic

systems performance by damaging

components or upsetting system

functions.

Furthermore, the HIRF environment

has undergone a transformation that was

not foreseen when the current

requirements were developed. Higher

energy levels are radiated from

transmitters that are used for radar,

radio, and television. Also, the number

of transmitters has increased

significantly. There is also uncertainty

concerning the effectiveness of airframe

shielding for HIFR. Furthermore,

coupling to cockpit-installed equipment

through the cockpit window apertures is

undefined.

The combined effect of the

technological advances in airplane

design and the changing environment

has resulted in an increased level of

vulnerability of electrical and electronic

systems required for the continued safe

flight and landing of the airplane.

Effective measures against the effects of

exposure to HIRF must be provided by

the design and installation of these

systems. The accepted maximum energy

levels in which civilian airplane system

installations must be capable of

operating safely are based on surveys

and analysis of existing radio frequency

emitters. These special conditions

require that the airplane be evaluated

under these energy levels for the

protection of the electronic system and

its associated wiring harness. These

external threat levels, which are lower

than previous required values, are

believed to represent the worst case to

which an airplane would be exposed in

the operating environment.

These special conditions require

qualification of systems that perform

critical functions, as installed in aircraft,

to the defined HIRF environment in

paragraph 1 or, as an option to a fixed

value using laboratory tests, in

paragraph 2, as follows:

(1) The applicant may demonstrate

that the operation and operational

capability of the installed electrical and

electronic systems that perform critical

functions are not adversely affected

when the aircraft is exposed to the HIRF

environment defined below:

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

Frequency

Field strength

(volts per meter)

Peak Average

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 root-mean-square (rms) values.

or,

(2) The applicant may demonstrate by

a system test and analysis that the

electrical and electronic systems that

perform critical functions can withstand

a minimum threat of 100 volts per

meter, peak electrical field strength,

from 10 kHz to 18 GHz. When using this

test to show compliance with the HIRF

requirements, no credit is given for

signal attenuation due to installation.

A preliminary hazard analysis must

be performed by the applicant, for

approval by the FAA, to identify either

electrical or electronic systems that

perform critical functions. The term

‘‘critical’’ means those functions whose

failure would contribute to, or cause, a

failure condition that would prevent the

continued safe flight and landing of the

airplane. The systems identified by the

hazard analysis that perform critical

functions are candidates for the

application of HIRF requirements. A

system may perform both critical and

not-critical functions. Primary

electronic flight display systems, and

their associated components, perform

critical functions such as attitude,

altitude, and airspeed indication. The

HIRF requirements apply only to critical

functions.

Compliance with HIRF requirements

may be demonstrated by tests, analysis,

models, similarity with existing

systems, or any combination of these.

Service experience alone is not

acceptable since normal flight

operations may not include an exposure

to the HIRF environment. Reliance on a

system with similar design features for

redundancy as a means of protection

against he effects of external HIRF is

generally insufficient since all elements

of a redundant system are likely to be

exposed to the fields concurrently.

Applicability

As discussed above, these special

conditions are applicable to Diamond

Aircraft Industries GmbH, Model DA 40

airplane. Should Diamond Aircraft

Industries GmbH, apply at a later date

Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations 30651

for an amended type certificate to

modify the Model DA 40 that

incorporates novel or unusual design

feature, the special conditions would

apply under the provisions of

§ 21.101(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on one model

of airplane. 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 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. 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 CFR Part 23

Aircraft, Aviation safety, Signs and

symbols.

Citation

The authority citation for these

special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113 and

44701; 14 CFR 21.16 and 21.17; and 14 CFR

11.19 and 11.38.

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 Diamond Model

DA 40 airplane.

1. Protection of Electrical and

Electronic Systems from High Intensity

Radiated Fields (HIRF). Each system

that performs critical functions must be

designed and installed to ensure that the

operations, and operational capabilities

of these systems to perform critical

functions, are not adversely affected

when the airplane is exposed to high

intensity radiated electromagnetic fields

external to the airplane.

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 Kansas City, Missouri, on May

23, 2001.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 01–14233 Filed 6–6–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 635

[Docket No. 010530142–1142–01; I.D.

040601J]

RIN 0648–AP23

Atlantic Highly Migratory Species

(HMS); NOAA Information Collection

Requirements; Regulatory

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS announces approval by

the Office of Management and Budget

(OMB) of a collection-of-information

requirement contained in the final

consolidated regulations governing the

Atlantic HMS fisheries. Accordingly,

NMFS amends the regulations and

makes effective the requirement that

vessels taking paying customers to fish

for Atlantic tunas, swordfish, sharks,

and billfish obtain an Atlantic HMS

Charter/Headboat permit. This final

rule, technical amendment, also updates

the OMB table to add this OMB

approval, to remove expired control

numbers, and to correct control

numbers to the appropriate CFR part or

section. The intent of this final rule is

to inform the public of the effective date

of the Atlantic HMS Charter/Headboat

permit requirement and to adjust the

regulations accordingly.

DATES: Effective July 1, 2001.

ADDRESSES: Any comments regarding

burden-hour estimates for collection-ofinformation requirements contained in

this final rule should be sent to

Christopher Rogers, Acting Chief,

Highly Migratory Species Management

Division, Office of Sustainable Fisheries

(F/SF1), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910–

3282, and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Brad

McHale or Pat Scida, 978–281–9260.

SUPPLEMENTARY INFORMATION: On May

28, 1999, NMFS published a final rule

(64 FR 29090) to implement the Fishery

Management Plan for Atlantic Tunas,

Swordfish and Sharks (HMS FMP) and

Amendment One to the Fishery

Management Plan for Atlantic Billfish

(Billfish FMP Amendment). One of the

measures in the FMPs and the

implementing rule required vessels that

take paying customers fishing for

Atlantic tunas, swordfish, sharks, and

billfish to obtain an Atlantic HMS

Charter/Headboat permit (50 CFR

635.46(b). The final rule was published

prior to OMB’s approval of the

information collection requirement for

the charter/headboat permit. Therefore,

the effective date of this information

collection requirement was deferred

pending OMB approval. On August 9,

2000, OMB approved the information

collection associated with the Atlantic

HMS Charter/Headboat permit

requirement. As the OMB approval was

issued during the midst of the 2000

fishing year, NMFS did not immediately

make the regulation effective so as to

avoid confusion among charter/

headboat operators who had already

been issued Atlantic Tunas permits for

the 2000 fishing year, and to provide the

Agency time to modify the automated

permit system to issue the new type of

permits.

NOAA codifies its OMB control

numbers for information collection at 15

CFR part 902. This final rule/technical

amendment notifies the public of the

OMB approval of this information

collection, codifies OMB control

number 0648–0327 for 50 CFR 635.4(b)

in the table at 15 CFR 902.1(b), and

updates the table at 15 CFR 902.1(b) to

remove expired control numbers and to

correct control numbers that were not

associated with the appropriate CFR

part or section.