59988 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

3Those areas designated by FEMA as receiving 

‘‘Individual and Public Assistance (all categories)’’

and ‘‘Individual and Public Assistance (Categories 

A and B)’’ in Alabama, Mississippi, and Texas 

counties and Louisiana parishes, as listed in the 

appendix to this order. 

This order has the effect of excepting 

the transactions specified below from 

the definition of ‘‘federally related 

transactions’’ in Title XI of FIRREA and 

the agencies’ appraisal regulations, and 

thereby from the statutory and 

regulatory real estate appraisal 

requirements for such transactions. 

The Agencies also have determined 

that the exceptions are consistent with 

safety and soundness, subject to the 

requirement that the depository 

institution’s records relating to any 

excepted transaction appropriately 

document the following: (1) The 

property involved was directly affected 

by the major disaster or the transaction 

would facilitate recovery from the 

disaster; (2) there is a binding 

commitment to fund the transaction that 

is made within three years after the date 

the major disaster was declared; and (3) 

the value of the real property supports 

the institution’s decision to enter into 

the transaction. In addition, the 

transaction must continue to be subject 

to review by management and by the 

Agencies in the course of examinations 

of the institution. 

Expiration Dates 

Exceptions provided under this order 

expire not later than three years after the 

date on which the President determines, 

pursuant to section 401 of the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act, 42 U.S.C. 5170 

(DREAA), that a major disaster exists in 

the area. Accordingly, exceptions for the 

major disasters declared due to 

Hurricane Katrina expire on August 29, 

2008, in Alabama, Mississippi and 

Louisiana; and exceptions for the major 

disasters declared due to Hurricane Rita 

expire on September 24, 2008, in 

Louisiana and Texas. 

Order 

In accordance with section 2 of 

DIDRA, relief is hereby granted from the 

provisions of Title XI of FIRREA and the 

agencies’ appraisal regulations for any 

real estate-related financial transaction 

that requires the services of an appraiser 

under those provisions, provided that: 

(1) The transaction involves real 

property located in an area that the 

President has determined, pursuant to 

section 401 of DREAA, is a major 

disaster area as a result of Hurricane 

Katrina (August 2005) in Alabama, 

Louisiana, and Mississippi; or as a 

result of Hurricane Rita (September 

2005) in Louisiana and Texas, and has 

been designated eligible for federal 

assistance by FEMA; 3

(2)(a) The real property involved was 

directly affected by the major disaster; 

or 

(2)(b) The real property involved was 

not directly affected by the major 

disaster but the transaction would 

facilitate recovery from the disaster; 

(3) There is a binding commitment to 

fund a transaction that is made within 

three years after the date the major 

disaster was declared by the President; 

and 

(4) The institution retains in its files, 

for examiner review, appropriate 

documentation indicating that the 

requirements of Items (1)–(3) above are 

met and supporting the valuation of the 

real property involved in the 

transaction. 

Appendix 

Counties and parishes designated by FEMA 

as receiving ‘‘Individual and Public 

Assistance (all categories)’’ and ‘‘Individual 

and Public Assistance (Categories A and B)’’

Hurricane Katrina 

Alabama: Baldwin, Choctaw, Clarke, Greene, 

Hale, Mobile, Pickens, Sumter, Tuscaloosa 

and Washington 

Louisiana: Acadia, Ascension, Assumption, 

Calcasieu, Cameron, East Baton Rouge, East 

Feliciana, Iberia, Iberville, Jefferson, 

Jefferson Davis, Lafayette, Lafourche, 

Livingston, Orleans, Pointe Coupee, 

Plaquemines, St. Bernard, St. Charles, St. 

Helena, St. James, St. John the Baptist, St. 

Mary, St. Martin, St. Tammany, 

Tangipahoa, Terrebonne, Vermilion, 

Washington, West Baton Rouge, and West 

Feliciana 

Mississippi: Adams, Amite, Attala, Choctaw, 

Claiborne, Clarke, Copiah, Covington, 

Forrest, Franklin, George, Greene, 

Hancock, Harrison, Hinds, Jackson, Jasper, 

Jefferson, Jefferson Davis, Jones, Kemper, 

Lamar, Lauderdale, Lawrence, Leake, 

Lincoln, Lowndes, Madison, Marion, 

Neshoba, Newton, Noxubee, Oktibbeha, 

Pearl River, Perry, Pike, Rankin, Scott, 

Simpson, Smith, Stone, Walthall, Warren, 

Wayne, Wilkinson, Winston, and Yazoo. 

Hurricane Rita 

Louisiana: Acadia, Allen, Beauregard, 

Calcasieu, Cameron, Iberia, Jefferson Davis, 

Lafayette, Lafourche, St. Mary, Terrebonne, 

and Vermilion 

Texas: Chambers, Galveston, Hardin, Jasper, 

Jefferson, Liberty, Newton, Orange, and 

Tyler 

Dated: October 5, 2005. 

John C. Dugan, 

Comptroller of the Currency. 

By order of the Board of Governors of the 

Federal Reserve System. 

Dated: October 4, 2005. 

Jennifer J. Johnson, 

Secretary of the Board. 

By order of the Board of Directors. 

Dated at Washington, DC, this 4th day of 

October, 2005. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Dated: October 6, 2005. 

By the Office of Thrift Supervision. 

John M. Reich, 

Director. 

By order of the National Credit Union 

Administration. 

Dated: October 4, 2005. 

Mary F. Rupp, 

Secretary of the Board. 

[FR Doc. 05–20583 Filed 10–13–05; 8:45 am] 

BILLING CODE 6714–01–P; 4810–33–P; 6210–01–P; 

6720–01–P; 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM334; Special Conditions No. 

25–305–SC] 

Special Conditions: Dassault-Aviation 

Mystere-Falcon 50 Airplanes; HighIntensity Radiated Fields (HIRF) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Dassault-Aviation MystereFalcon 50 airplanes modified by 

Chippewa Aerospace, Inc. These 

modified airplanes will have a novel or 

unusual design feature when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. The 

modification incorporates the 

installation of a Honeywell Primus Epic 

Control Display System for Retrofit 

(CDS–R) that performs critical 

functions. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety 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 that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is October 4, 2005. 

Comments must be received on or 

before November 14, 2005. 

Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 59989 

ADDRESSES: Comments on these special 

conditions may be mailed in duplicate 

to: Federal Aviation Administration, 

Transport Airplane Directorate, 

Attention: Rules Docket (ANM–113), 

Docket No. NM334, 1601 Lind Avenue 

SW., Renton, Washington 98055–4056; 

or delivered in duplicate to the 

Transport Airplane Directorate at the 

above address. All comments must be 

marked: Docket No. NM334. 

FOR FURTHER INFORMATION CONTACT: Greg 

Dunn, FAA, Airplane and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98055–4056; 

telephone (425) 227–2799; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA has determined that notice 

and opportunity for prior public 

comment is impracticable because these 

procedures would significantly delay 

certification of the airplane 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; however, the FAA invites 

interested persons to participate in this 

rulemaking by submitting written 

comments, data, or views. The most 

helpful comments reference a specific 

portion of the special conditions, 

explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 7:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

special conditions, include with your 

comments a pre-addressed, stamped 

postcard on which the docket number 

appears. We will stamp the date on the 

postcard and mail it back to you. 

Background 

On January 5, 2005, Chippewa 

Aerospace, Inc., 1601 Executive 

Avenue, Myrtle Beach, South Carolina, 

29577, applied for a supplemental type 

certificate (STC) to modify DassaultAviation Mystere-Falcon 50 airplanes. 

This model is currently approved under 

Type Certificate No. A46EU. The 

Dassault-Aviation Mystere-Falcon 50 

airplanes are transport category 

airplanes powered by three Allied 

Signal TFE–731–3–1C turbine engines 

with maximum takeoff weights of up to 

40,780 pounds. These airplanes operate 

with a 2-pilot crew and can seat up to 

19 passengers. The modification 

incorporates the installation of a 

Honeywell Primus Epic Control Display 

System for Retrofit (CDS–R). This 

system performs a critical function 

whose failure would prevent the 

continued safe flight and landing of the 

airplane. The integrated flightdeck 

display system that will be installed in 

this airplane has the potential to be 

vulnerable to high-intensity radiated 

fields (HIRF) external to the airplane. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Chippewa Aerospace, Inc. must 

show that the Dassault-Aviation 

Mystere-Falcon 50 airplanes, as 

changed, continue to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A46EU, 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 Dassault-Aviation MystereFalcon 50 airplanes includes applicable 

sections of 14 CFR part 25 as amended 

by Amendment 25–1 through 

Amendment 25–34, Special Conditions 

No. 25–86–EU–24, 14 CFR part 36 as 

amended by Amendment 36–1 through 

Amendment 36–9, and SFAR 27 as 

amended by Amendment 27–1. In 

addition, the certification basis includes 

certain special conditions, exemptions, 

equivalent levels of safety, or later 

amended sections of the applicable part 

25 that are not relevant to these special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 25, as amended) do not 

contain adequate or appropriate safety 

standards for Dassault-Aviation 

Mystere-Falcon 50 airplanes 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 Dassault-Aviation 

Mystere-Falcon 50 airplanes must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34 and the noise certification 

requirements of 14 CFR part 36. 

Special conditions, as defined in 14 

CFR 11.19, are issued in accordance 

with § 11.38 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 Chippewa 

Aerospace, Inc. apply at a later date for 

a STC to modify any other model 

included on Type Certificate No. A46EU 

to incorporate the same or similar novel 

or unusual design feature, these special 

conditions would also apply to the other 

model under the provisions of § 21.101. 

Novel or Unusual Design Features 

As noted earlier, the DassaultAviation Mystere-Falcon 50 airplanes 

modified by Chippewa Aerospace, Inc. 

will incorporate a Honeywell Primus 

Epic CDS–R that will perform critical 

functions. This system may be 

vulnerable to high-intensity radiated 

fields (HIRF) external to the airplane. 

The current airworthiness standards of 

part 25 do not contain adequate or 

appropriate safety standards for the 

protection of this equipment from the 

adverse effects of HIRF. Accordingly, 

this system is considered to be a novel 

or unusual design feature. 

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 avionics/ 

electronics 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 Dassault-Aviation MystereFalcon 50 airplanes modified by 

Chippewa Aerospace, Inc. These special 

conditions require that new avionics/ 

electronics and electrical systems 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. 

59990 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Rules and Regulations 

High-Intensity Radiated Fields (HIRF) 

With the trend toward increased 

power levels from ground-based 

transmitters, and the advent of space 

and satellite communications coupled 

with electronic command and control of 

the airplane, the immunity of critical 

avionics/electronics and electrical 

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 2 below: 

1. A minimum threat of 100 volts rms 

(root-mean-square) 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. 

2. A threat external to the airframe of 

the field strengths identified in the table 

below 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 DassaultAviation Mystere-Falcon 50 airplanes 

modified by Chippewa Aerospace, Inc. 

Should Chippewa Aerospace, Inc. apply 

at a later date for a STC to modify any 

other model included on Type 

Certificate No. A46EU to incorporate the 

same or similar novel or unusual design 

feature, these 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 DassaultAviation Mystere-Falcon 50 airplanes 

modified by Chippewa Aerospace, 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 these special 

conditions has been subjected to the 

notice and comment procedure in 

several prior instances and has been 

derived without substantive change 

from those previously issued. 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 

supplemental type certification basis for 

the Dassault-Aviation Mystere-Falcon 

50 airplanes modified by Chippewa 

Aerospace, Inc. 

1. Protection from Unwanted Effects 

of 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 October 

4, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–20629 Filed 10–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–20322; Airspace 

Docket No. 05–ANM–1] 

RIN 2120–AA66 

Establishment and Revision of Area 

Navigation (RNAV) Routes; Western 

United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes three 

area navigation (RNAV) routes and 

revises one existing RNAV route in the 

Western United States (U.S.) in support 

of the High Altitude Redesign (HAR) 

program. The FAA originally proposed 

to revise two area navigation routes as 

part of this action, but one revised route 

(Q–11) was deleted because the 

proposed change provided limited 

benefit. The FAA is taking this action to 

enhance safety and to improve the 

efficient use of the navigable airspace in 

the Western U.S. 

EFFECTIVE DATE: 0901 UTC, December 

22, 2005. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules, Office of 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On May 25, 2005, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish three and revise two ‘‘Q’’

routes in the Western U.S. Interested