60422 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

rule, the amendments to it may have 

immediate effect. 

b. Paperwork Reduction Act 

The amendment to section 333.101(b) 

will not entail any new collections of 

information. Therefore, the Paperwork 

Reduction Act is not applicable. 

c. Regulatory Flexibility Act 

A regulatory flexibility analysis is 

required only when an agency must 

publish a notice of proposed rulemaking 

(5 U.S.C. 603, 604). Because the FDIC is 

revising an interpretive rule without 

notice and comment, no regulatory 

flexibility analysis is required. 

d. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.) (SBREFA) provides generally for 

agencies to report rules to Congress and 

for Congress to review these rules. 

Unless covered by an exception in 

SBREFA (5 U.S.C. 804(3)), the reporting 

requirement is triggered in instances 

where the FDIC issues a rule as defined 

by the APA. Because the FDIC is issuing 

an interpretive rule, which is not 

covered by one of the exceptions in 

SBREFA, the FDIC will file the reports 

required by SBREFA. 

List of Subjects in 12 CFR Part 333 

Bank, Banking, State nonmember 

banks, Trusts and trustees. 

■ For the reasons set forth in this 

preamble, the Board of Directors of the 

Federal Deposit Insurance Corporation 

hereby amends part 333 to Title 12 of 

the Code of Federal Regulations as 

follows: 

PART 333—EXTENSION OF 

CORPORATE POWERS 

■ 1. The authority citation for part 333 

continues to read as follows: 

Authority: 12 U.S.C. 1816, 1818, 1819 

(‘‘Seventh’’, ‘‘Eighth’’ and ‘‘Tenth’’), 1828, 

1828(m), 1831p–1(c). 

■ 2. Section 333.101 is amended by 

revising paragraph (b) to read as follows: 

§ 333.101 Prior consent not required. 

* * * * * 

(b) An insured State nonmember 

bank, not exercising trust powers, may 

act as trustee or custodian of Individual 

Retirement Accounts established 

pursuant to the Employee Retirement 

Income Security Act of 1974 (26 U.S.C. 

408), Self-Employed Retirement Plans 

established pursuant to the SelfEmployed Individuals Retirement Act of 

1962 (26 U.S.C. 401), Roth Individual 

Retirement Accounts and Coverdell 

Education Savings Accounts established 

pursuant to the Taxpayer Relief Act of 

1997 (26 U.S.C. 408A and 530 

respectively), Health Savings Accounts 

established pursuant to the Medicare 

Prescription Drug Improvement, and 

Modernization Act of 2003 (26 U.S.C. 

223), and other similar accounts without 

the prior written consent of the 

Corporation provided: 

(1) The bank’s duties as trustee or 

custodian are essentially custodial or 

ministerial in nature, 

(2) The bank is required to invest the 

funds from such plans only 

(i) In its own time or savings deposits, 

or 

(ii) In any other assets at the direction 

of the customer, provided the bank does 

not exercise any investment discretion 

or provide any investment advice with 

respect to such account assets, and 

(3) The bank’s acceptance of such 

accounts without trust powers is not 

contrary to applicable State law. 

Dated at Washington, DC, this 6th day of 

October, 2005. 

By order of the Board of Directors. 

Robert E. Feldman, 

Executive Secretary, Federal Deposit 

Insurance Corporation. 

[FR Doc. 05–20768 Filed 10–17–05; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM310; Special Conditions No. 

25–306–SC] 

Special Conditions: Gulfstream 

Aerospace Limited Partnership (GALP) 

Model G150 Airplane; Windshield 

Coating in Lieu of Wipers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Gulfstream Aerospace 

Limited Partnership (GALP) Model 

G150 airplane. This airplane will have 

a novel or unusual design feature 

associated with use of a hydrophobic 

coating, rather than windshield wipers, 

as the means to maintain a clear portion 

of the windshield during precipitation 

conditions, as required by the 

airworthiness standards for transport 

category airplanes. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. 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. 

EFFECTIVE DATE: November 17, 2005. 

FOR FURTHER INFORMATION CONTACT: John 

McConnell, Airplane and Flight Crew 

Interface Branch, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98055–4056; 

telephone (425) 227–1365; facsimile 

(425) 227–1320, e-mail 

john.mcconnell@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 22, 2002, GALP 

applied for an amendment to Type 

Certificate Number A16NM to include 

the new GALP Model G150 airplane. 

The GALP Model G150, which is a 

derivative of the GALP Model G100 

currently approved under Type 

Certificate Number A16NM, is intended 

to be a nine passenger executive 

airplane with a maximum takeoff weight 

of 26,000 pounds and a maximum 

operating altitude of 45,000 feet. 

The GALP Model G150 flightdeck 

design incorporates a hydrophobic 

coating to provide adequate pilot 

compartment view in the presence of 

precipitation. Sole reliance on such a 

coating, without windshield wipers, 

constitutes a novel or unusual design 

feature for which the applicable 

airworthiness regulations do not contain 

adequate or appropriate safety 

standards. Therefore, special conditions 

are required that provide the level of 

safety equivalent to that established by 

the regulations. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, GALP must show that the Model 

G150 meets the applicable provisions of 

the regulations incorporated by 

reference in Type Certificate Number 

A16NM or the applicable regulations in 

effect on the date of application for the 

change to the type certificate. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate Number A16NM are 14 CFR 

part 25, effective February 1, 1965, 

including Amendment 25–1 through 

Amendment 25–107. 

In addition, if the regulations 

incorporated by reference do not 

provide adequate standards with respect 

to the change, the applicant must 

comply with certain regulations in effect 

on the date of application for the 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 60423 

change. GALP has elected to voluntarily 

comply with Amendment 25–108 for 

the G150 type certification program. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Model G150 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 G150 must 

comply with (1) either the ‘‘No 

Acoustical Change’’ provisions of 

§ 21.93(b) or 14 CFR part 36, as 

amended by Amendments 36–1 through 

36–24, and (2) either the ‘‘No Emission 

Change’’ provisions of § 21.93(c) or 14 

CFR part 34, as amended by 

Amendment 34–1 through Amendment 

34–3. 

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 the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, or should any 

other model already included on the 

same type certificate be modified 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 

The GALP Model G150 will 

incorporate the following novel or 

unusual design feature: Hydrophobic 

windshield coating as the sole means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, sufficient for both pilots to 

have a sufficiently extensive view along 

the flight path. 

Discussion 

Section 25.773(b)(1) requires that both 

pilots of a transport category airplane be 

provided a means to maintain a 

sufficiently clear portion of the 

windshield during precipitation 

conditions, and that this clear portion of 

the windshield must have a sufficiently 

extensive view along the flight path. 

The regulations require this means to 

maintain such an area during 

precipitation in heavy rain at speeds up 

to 1.5 VSR1.

This requirement has existed in 

principle since 1953 in Part 4b of the 

Civil Air Regulations (CAR). Section 

4b.351(b)(1) of CAR 4b required that 

‘‘Means shall be provided for 

maintaining a sufficient portion of the 

windshield clear so that both pilots are 

afforded a sufficiently extensive view 

along the flight path in all normal flight 

attitudes of the airplane. Such means 

shall be designed to function under the 

following conditions without 

continuous attention on the part of the 

crew: (i) In heavy rain at speeds up to 

1.6 VS1, flaps retracted.’’ Effective 

December 26, 2002, Amendment 25–

108, changed the speed for effectiveness 

of the means to maintain an area of clear 

vision from up to 1.6 VS1 to 1.5 VSR1 to 

accommodate the redefinition of the 

reference stall speed from the minimum 

speed in the stall, VS1, to greater than or 

equal to the 1–g stall speed, VSR1. As 

noted in the preamble to the final rule 

for that amendment, the reduced factor 

of 1.5 on VSR1 is to maintain 

approximately the same speed as the 1.6 

factor on VS1.

The requirement that the means to 

maintain a clear area of forward vision 

must function at high speeds and high 

precipitation rates is based on the use of 

windshield wipers as the means to 

maintain an adequate area of clear 

vision in precipitation conditions. The 

requirement in 14 CFR 121.313(b), and 

in 14 CFR 125.213(b), to provide ‘‘a 

windshield wiper or equivalent for each 

pilot station’’ has remained unchanged 

since at least 1953. 

The effectiveness of windshield 

wipers to maintain an area of clear 

vision normally degrades as airspeed 

and precipitation rates increase. It is 

assumed that because high speeds and 

high precipitation rates represent 

limiting conditions for windshield 

wipers, they will also be effective at 

lower speeds and precipitation levels. 

Accordingly, § 25.773(b)(1)(i) does not 

require maintenance of a clear area of 

forward vision at lower speeds or lower 

precipitation rates. 

A forced airflow blown directly over 

the windshield has also been used to 

maintain an area of clear vision in 

precipitation. The limiting conditions 

for this technology are comparable to 

those for windshield wipers. 

Accordingly, introduction of this 

technology did not present a need for 

special conditions to maintain the level 

of safety embodied in the existing 

regulations. 

Hydrophobic windshield coatings 

may depend to some degree on airflow 

directly over the windshield to maintain 

a clear vision area. The heavy rain and 

high-speed conditions specified in the 

current rule do not necessarily represent 

the limiting conditions for this new 

technology. For example, airflow over 

the windshield, which may be necessary 

to remove moisture from the 

windshield, may not be adequate to 

maintain a sufficiently clear area of the 

windshield in low speed flight or during 

ground operations. Alternatively, 

airflow over the windshield may be 

disturbed during such critical times as 

the approach to land, where the airplane 

is at a higher than normal pitch attitude. 

In these cases, areas of airflow 

disturbance or separation on the 

windshield could cause failure to 

maintain a clear vision area on the 

windshield. 

In addition to potentially depending 

on airflow to function effectively, 

hydrophobic coatings may also be 

dependent on water droplet size for 

effective precipitation removal. For 

example, precipitation in the form of a 

light mist may not be sufficient for the 

coating’s properties to result in 

maintaining a clear area of vision. 

In summary, the current regulations 

identify speed and precipitation rate 

requirements that represent limiting 

conditions for windshield wipers and 

blowers, but not for hydrophobic 

coatings, so it is necessary to issue 

special conditions to maintain the level 

of safety represented by the current 

regulations. 

These special conditions provide an 

appropriate safety standard for the 

hydrophobic coating technology as the 

means to maintain a clear area of vision 

by requiring it to be effective at low 

speeds and precipitation rates as well as 

the higher speeds and precipitation 

rates identified in the current 

regulation. These are the only new or 

changed requirements relative to those 

in § 25.773(b)(1) at Amendment 25–108. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–05–07 for the Gulfstream 

Aerospace Limited Partnership Model 

G150 airplane was published in the 

Federal Register on June 30, 2005 (70 

FR 37715). Only one commenter 

responded to the notice. 

Using Hydrophobic Coating Is Not 

Novel and Unusual 

The commenter, Gulfstream, states 

that the FAA defines hydrophobic 

coating as ‘‘a novel and unusual design 

feature on one model of airplane.’’ The 

commenter notes that the hydrophobic 

coating proposed for the Model G150 

has actually accumulated a significant 

service history and has been certified on 

numerous transport airplanes. 

We infer that the commenter does not 

agree that the use of hydrophobic 

coating should be identified as ‘‘a novel 

and unusual design feature.’’ We do not 

60424 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Rules and Regulations 

agree. We believe that the previous 

approvals for using hydrophobic coating 

should have included special conditions 

in the type certification basis. As is the 

case for the Model G150, the use of 

hydrophobic coatings in lieu of 

windshield wipers represents a novel 

design feature relative to the 

certification basis of each of those 

airplane types. While the satisfactory 

service history indicates that these 

particular designs would likely have 

met the requirements of the special 

conditions, the existing regulatory 

requirements would not by themselves 

have necessarily assured the intended 

level of safety for the use of 

hydrophobic coating for precipitation 

removal for these designs, or for other 

designs. Special conditions are 

necessary to address the use of 

hydrophobic coating instead of 

windshield wipers. No changes were 

made as a result of this comment. 

Sufficient View 

The commenter recommends that the 

term ‘‘sufficient view’’ be changed to 

‘‘sufficient view depending on aircraft 

speed.’’ The commenter states that the 

visibility requirements for taxi are 

different than the requirements for 

flight. 

We do not agree with the commenter’s 

recommendation. The existing 

regulatory requirements in 14 CFR 

25.773(b)(1), at Amendment 25–108, do 

not explicitly include this qualification. 

As with the existing requirements, the 

interpretation of ‘‘sufficient view’’ in 

these special conditions may be 

dependent on several factors other than 

airplane speed, such as phase of flight 

or ground operations. No changes were 

made as a result of this comment. 

Changes to the Proposed Special 

Conditions 

The reference to ‘‘the flight path in 

normal flight attitudes of the airplane’’

has been changed to ‘‘the ground or 

flight path in normal taxi and flight 

attitudes of the airplane.’’ This change 

clarifies a possible ambiguity regarding 

the path of the airplane relative to the 

speeds necessary to maintain the clear 

vision area. While this additional 

language is absent from the requirement 

of § 25.773(b)(1), it is consistent with 

the intended level of safety. As noted in 

the Discussion section of the Notice of 

Proposed Special Conditions, the 

existing requirements are premised on 

the use of windshield wipers or other 

means for which slow speeds and 

minimal airflow are not limiting 

conditions for maintaining an area of 

clear vision. Hydrophobic coatings, 

however, are least effective at slow 

speeds and low airflow rates. To 

maintain the same level of safety as the 

existing regulations, the certification 

basis must address both ground and 

flight operations, as reflected by the 

speed and airflow range included in the 

proposed special conditions. 

We also changed the Discussion 

section to correct the effective date of 

Amendment 25–108 from December 26, 

1990, to December 26, 2002. In addition, 

we made editorial changes to the 

Discussion section to clarify certain 

information regarding airspeed. Except 

as discussed above, the special 

conditions are adopted as proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

G150. Should GALP apply at a later date 

for a change to the type certificate to 

include other type designs incorporating 

the same novel or unusual design 

feature, the special conditions would 

apply to those models 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. 

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 Gulfstream Aerospace Limited 

Partnership (GALP) Model G150 

airplanes. 

Pilot Compartment View—Hydrophobic 

Coatings in Lieu of Windshield Wipers 

The airplane must have a means to 

maintain a clear portion of the 

windshield, during precipitation 

conditions, enough for both pilots to 

have a sufficiently extensive view along 

the ground or flight path in normal taxi 

and flight attitudes of the airplane. This 

means must be designed to function, 

without continuous attention on the 

part of the crew, in conditions from 

light misting precipitation to heavy rain 

at speeds from fully stopped in still air, 

to 1.5 VSR1 with lift and drag devices 

retracted. 

Issued in Renton, Washington, on October 

7, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–20864 Filed 10–17–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–22421; Airspace 

Docket No. 05–ASW–1] 

RIN 2120–AA66 

Revision of Jet Routes J–8, J–18, J–19, 

J–58, J–76, J–104 and J–244; and VOR 

Federal Airways V–60, V–190, V–263 

and V–611; Las Vegas, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action revises Jet Routes 

J–8, J–18, J–19, J–58, J–76, J–104 and J–

244; and Very High Frequency Omnidirectional Range (VOR) Federal 

Airways V–60, V–190, V–263 and V–

611 over the Las Vegas, NM, area. The 

FAA is taking this action due to the 

renaming of the ‘‘Las Vegas VOR tactical 

air navigation (VORTAC)’’ to the ‘‘Fort 

Union VORTAC.’’ The name of the Las 

Vegas, NM, VORTAC is being changed 

to enhance the management of aircraft 

operations over the Las Vegas, NM, area 

by eliminating the possibility of 

confusion with the Las Vegas, NV, 

VORTAC. The FAA is also making 

editorial changes to update the format of 

the legal descriptions for VOR Federal 

Airways V–190, V–263 and V–611. 

DATES: Effective Dates: 0901 UTC, 

December 22, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Steve Rohring, 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 

To reduce confusion between the Las 

Vegas, NM, VORTAC and the Las Vegas, 

NV, VORTAC, a decision was made to 

change the name of the ‘‘Las Vegas, NM, 

VORTAC’’ to the ‘‘Fort Union, NM, 

VORTAC.’’ Because the name of the 

VORTAC is contained in the legal 

description of J–8, J–18, J–19, J–58, J–76, 

J–104 and J–244; and V–60, V–190, V–

263 and V–611, the legal descriptions