56564 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

1The primary, secondary, and seasonal credit 

rates described in this section apply to both 

advances and discounts made under the primary, 

secondary, and seasonal credit programs, 

respectively. 

Administrative Procedure Act 

The Board did not follow the 

provisions of 5 U.S.C. 553(b) relating to 

notice and public participation in 

connection with the adoption of these 

amendments because the Board for good 

cause determined that delaying 

implementation of the new primary and 

secondary credit rates in order to allow 

notice and public comment would be 

unnecessary and contrary to the public 

interest in fostering price stability and 

sustainable economic growth. For these 

same reasons, the Board also has not 

provided 30 days prior notice of the 

effective date of the rule under section 

553(d). 

List of Subjects in 12 CFR Part 201 

Banks, Banking, Federal Reserve 

System, Reporting and recordkeeping. 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, the Board is amending 12 

CFR chapter II as follows: 

PART 201—EXTENSIONS OF CREDIT 

BY FEDERAL RESERVE BANKS 

(REGULATION A) 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 12 U.S.C. 248(i)–(j), 343 et seq., 

347a, 347b, 347c, 348 et seq., 357, 374, 374a, 

and 461. 

■ 2. In § 201.51, paragraphs (a) and (b) 

are revised to read as follows: 

§ 201.51 Interest rates applicable to credit 

extended by a Federal Reserve Bank.1

(a) Primary credit. The interest rates 

for primary credit provided to 

depository institutions under § 201.4(a) 

are: 

Federal Reserve Bank Rate Effective 

Boston ............ 4.75 September 20, 2005. 

New York ....... 4.75 September 20, 2005. 

Philadelphia ... 4.75 September 20, 2005. 

Cleveland ....... 4.75 September 22, 2005. 

Richmond ....... 4.75 September 20, 2005. 

Atlanta ............ 4.75 September 22, 2005. 

Chicago .......... 4.75 September 20, 2005. 

St. Louis ......... 4.75 September 21, 2005. 

Minneapolis .... 4.75 September 20, 2005. 

Kansas City ... 4.75 September 20, 2005. 

Dallas ............. 4.75 September 22, 2005. 

San Francisco 4.75 September 20, 2005. 

(b) Secondary credit. The interest 

rates for secondary credit provided to 

depository institutions under 201.4(b) 

are: 

Federal Reserve Bank Rate Effective 

Boston ............ 5.25 September 20, 2005. 

New York ....... 5.25 September 20, 2005. 

Philadelphia ... 5.25 September 20, 2005. 

Cleveland ....... 5.25 September 22, 2005. 

Richmond ....... 5.25 September 20, 2005. 

Atlanta ............ 5.25 September 22, 2005. 

Chicago .......... 5.25 September 20, 2005. 

St. Louis ......... 5.25 September 21, 2005. 

Minneapolis .... 5.25 September 20, 2005. 

Kansas City ... 5.25 September 20, 2005. 

Dallas ............. 5.25 September 22, 2005. 

San Francisco 5.25 September 20, 2005. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, September 22, 2005. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 05–19395 Filed 9–27–05; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE231, Special Condition 23–

171–SC] 

Special Conditions; Premier Avionics 

Design Ltd., EFIS on the Cessna 441; 

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 Premier Avionics Design Ltd., 

12002 Warfield, Suite 250, San Antonio, 

TX 78216, for a Supplemental Type 

Certificate for the Cessna 441 Conquest. 

This airplane will have novel and 

unusual design features when compared 

to the state of technology envisaged in 

the applicable airworthiness standards. 

These novel and unusual design 

features include the installation of an 

electronic flight instrument system 

(EFIS) in the form of two digital 

altimeters. The digital altimeters will be 

Thommen Model AD32E, one on the 

pilot side and one on the copilot side, 

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 September 13, 

2005. Comments must be received on or 

before October 28, 2005. 

ADDRESSES: Comments may be mailed 

in duplicate to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket Clerk, 

Docket No. CE231, Room 506, 901 

Locust, Kansas City, Missouri 64106. All 

comments must be marked: Docket No. 

CE231. 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: Wes 

Ryan, 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) 32-4127. 

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 design approval 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. CE231.’’ The postcard will 

be date stamped and returned to the 

commenter. 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56565 

Background 

Premier Avionics made application to 

the FAA for a new Supplemental Type 

Certificate for the Cessna 441. The 

Cessna 441 is currently approved under 

TC No. A28CE. The proposed 

modification incorporates a novel or 

unusual design features, such as digital 

avionics consisting of digital air data 

computers that are vulnerable to HIRF 

external to the airplane. 

Type Certification Basis 

Under the provisions of 14 CFR part 

21, § 21.101, Premier Avionics must 

show that the Cessna 441 aircraft meets 

the original certification basis for the 

airplane, as listed on Type Data Sheet 

A28CE, the additional certification 

requirements added for the Thommen 

AD32E systems, exemptions, if any; and 

the special conditions adopted by this 

rulemaking action. The rules that were 

applied at the amendment appropriate 

for the application date for this STC 

include 23.1301, 23.1309, 23.1311, 

23.1321, and 23.1322. 

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, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38 after public 

notice and become part of the type 

certification basis in accordance with 

§ 21.101. 

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. 

Novel or Unusual Design Features 

Premier Avionics plans to incorporate 

certain novel and unusual design 

features into the Cessna 441 airplane for 

which the airworthiness standards do 

not contain adequate or appropriate 

safety standards for protection from the 

effects of HIRF. These features include 

EFIS, which are susceptible to the HIRF 

environment, that were not envisaged 

by the existing regulations for this type 

of airplane. 

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 HIRF. 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 

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, 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 

non-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 the effects of external HIRF is 

generally insufficient since all elements 

of a redundant system are likely to be 

exposed to the fields concurrently. 

56566 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

Applicability 

As discussed above, these special 

conditions are applicable to the Cessna 

441. Should Premier Avionics apply at 

a later date for a supplemental type 

certificate to modify any other model on 

the same type certificate data sheet to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

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 14 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 21.101; and 14 CFR 

11.38 and 11.19. 

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 the Cessna 441 airplane 

modified by Premier Avionics Design 

Ltd. to add two Thommen AD32E Air 

Data Display Units. 

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 

September 13, 2005. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19289 Filed 9–27–05; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R06–OAR–2005–TX–0016; FRL–7975–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Permits by Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision for 

the State of Texas. This action removes 

a provision from the Texas SIP which 

provided public notice for concrete 

batch plants which were constructed 

under a permit by rule (PBR). On 

September 1, 2000, Texas replaced the 

PBR for concrete batch plants with a 

standard permit for concrete batch 

plants. The standard permit for concrete 

batch plants also requires public notice 

for concrete batch plants subject to the 

standard permit. Texas maintained the 

public notice requirements of its PBR to 

assure that proper procedures were 

followed for concrete batch plants that 

were permitted under the PBR prior to 

the effective date of the standard permit. 

All authorization requests for concrete 

batch plants which were constructed 

under the PBR have now been resolved 

and the public notice and comment 

provisions under the PBR are no longer 

needed. 

DATES: This rule is effective on 

November 28, 2005 without further 

notice, unless EPA receives adverse 

comment by October 28, 2005. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

DOCKET (RME) ID No. R06–OAR–

2005–TX–0016, by one of the following 

methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional 

Material in DOCKET (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. David Neleigh at 

neleigh.david@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT section below. 

• Fax: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–7263. 

• Mail: Mr. David Neleigh, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. 

David Neleigh, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Such deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Regional Material in DOCKET (RME) ID 

No. R06–OAR–2005–TX–0016. EPA’s 

policy is that all comments received 

will be included in the public file 

without change, and may be made 

available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through Regional Material in DOCKET 

(RME), Regulations.gov, or e-mail if you 

believe that it is CBI or otherwise 

protected from disclosure. The EPA 

RME Web site and the federal 

regulations.gov are ‘‘anonymous access’’

systems, which means EPA will not