Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69053 

which it, together with its affiliates, is 

engaged, or if it meets the size standard 

set forth in paragraph (d)(1), whichever 

is higher. 

* * * * * 

Dated: November 8, 2005. 

Hector V. Barreto, 

Administrator. 

[FR Doc. 05–22570 Filed 11–10–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

13 CFR Parts 301 and 304 

[Docket No.: 0507–29210–5294–03] 

RIN 0610–AA63 

Economic Development Administration 

Reauthorization Act of 2004 

Implementation; Regulatory Revision 

AGENCY: Economic Development 

Administration, Department of 

Commerce. 

ACTION: Final rule; delay of effective 

date of certain provisions. 

SUMMARY: On August 11, 2005, the 

Economic Development Administration 

(‘‘EDA’’) published an interim final rule 

in the Federal Register. On September 

30, 2005, EDA published a final rule in 

the Federal Register delaying the 

effective date of certain provisions of 

the interim final rule from October 1, 

2005 until November 14, 2005. The 

September 30, 2005 final rule also 

extended the deadline for submitting 

public comments on the interim final 

rule from October 11, 2005 until 

November 14, 2005. This final rule 

further delays the effective date of 

certain provisions of the interim final 

rule from November 14, 2005 until 

January 31, 2006. This delay in effective 

date is necessary to provide additional 

time for EDA to consider comments 

received concerning certain provisions 

of the interim final rule, as well for EDA 

to address matters pertaining to the 

effective implementation of the interim 

final rule. Capitalized terms used but 

not otherwise defined in this final rule 

have the meanings ascribed to them in 

the interim final rule. 

DATES: The effective date of the 

following provisions of the interim final 

rule is delayed from November 14, 2005 

until January 31, 2006: (i) Section 

304.2(c)(2), pertaining to membership of 

a District Organization’s governing 

body; and (ii) Section 301.4, as the 

provisions of this section relate to 

Investment Rates for EDA Planning 

Investments. 

FOR FURTHER INFORMATION CONTACT: 

Hina Shaikh, Attorney Advisor, Office 

of Chief Counsel, Economic 

Development Administration, 

Department of Commerce, Room 7005, 

1401 Constitution Avenue, NW., 

Washington DC 20230; telephone: (202) 

482–4687. 

SUPPLEMENTARY INFORMATION: EDA 

published an interim final rule in the 

Federal Register (70 FR 47002) on 

August 11, 2005. The interim final rule 

reflects the amendments made to EDA’s 

authorizing statute, the Public Works 

and Economic Development Act of 1965 

(42 U.S.C. 3121 et seq.) (‘‘PWEDA’’), by 

the Economic Development 

Reauthorization Act of 2004 (Pub. L. 

108–373). In addition to tracking the 

statutory amendments to PWEDA, the 

interim final rule reflects EDA’s current 

practices and policies in administering 

its economic development programs 

that have evolved since the 

promulgation of EDA’s former 

regulations. The interim final rule also 

provides for a public comment period. 

On September 30, 2005, EDA 

published a final rule in the Federal 

Register (70 FR 57124) delaying the 

effective date of certain provisions in 

the interim final rule from October 1, 

2005 until November 14, 2005. The 

September 30, 2005 final rule also 

extended the deadline for submitting 

public comments on the interim final 

rule from October 11, 2005 until 

November 14, 2005. All other provisions 

of the interim final rule became effective 

on October 1, 2005. 

This final rule delays the effective 

date of the provisions specified in the 

DATES section pertaining to EDA’s 

Planning Investment Rates and District 

Organizations from November 14, 2005 

until January 31, 2006. This delay in 

effective date is necessary to provide 

additional time for EDA to consider 

comments received concerning certain 

provisions of the interim final rule, as 

well for EDA to address matters 

pertaining to the effective 

implementation of the interim final rule. 

Classification 

Prior notice and opportunity for 

public comment are not required for 

rules concerning public property, loans, 

grants, benefits, and contracts (5 U.S.C. 

553(a)(2)). Because prior notice and an 

opportunity for public comment are not 

required pursuant to 5 U.S.C. 553 or any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) are inapplicable. Therefore, 

a regulatory flexibility analysis has not 

been prepared. 

Executive Order No. 12866 

It has been determined that this final 

rule is not significant for purposes of 

Executive Order 12866. 

Congressional Review Act 

This final rule is not ‘‘major’’ under 

the Congressional Review Act (5 U.S.C. 

801 et seq.). 

Executive Order No. 13132 

Executive Order 13132 requires 

agencies to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

Executive Order 13132 to include 

regulations that have ‘‘substantial direct 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ It has 

been determined that this final rule does 

not contain policies that have 

federalism implications. 

Dated: November 7, 2005. 

Benjamin Erulkar, 

Chief Counsel, Economic Development 

Administration. 

[FR Doc. 05–22546 Filed 11–10–05; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM335; Special Conditions No. 

25–307–SC] 

Special Conditions: Cessna Model 650 

Airplanes; High-Intensity Radiated 

Fields (HIRF) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Cessna Model 650 airplanes 

modified by Elliott Aviation Technical 

Product Development, 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 electronic flight display 

systems manufactured by Universal 

69054 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

Avionics Systems Corporation. The 

electronic flight display systems 

perform critical functions. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for the protection of 

these systems from the effects of highintensity 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 November 3, 2005. 

We must receive your comments by 

December 14, 2005. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attention: Rules Docket 

(ANM–113), Docket No. NM335, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM335. You can inspect comments in 

the Rules Docket weekdays, except 

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

4 p.m. 

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, we invite interested 

people to take part in this rulemaking by 

sending 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. 

You may inspect the docket 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 August 18, 2005, Elliott Aviation 

Technical Product Development, Inc., 

Quad City Airport, PO Box 100, Moline, 

Illinois 61266, applied for a 

Supplemental Type Certificate (STC) to 

modify Cessna Model 650 airplanes. 

These models are currently approved 

under Type Certificate No. A9NM. The 

Cessna Model 650 is a small transport 

category airplane. The Cessna Model 

650 airplanes are powered by two 

turbine engines, with maximum takeoff 

weights of up to 23,000 pounds. These 

airplanes operate with a 2-person crew 

and can seat up to 13 passengers. The 

modification incorporates the 

installation of electronic flight display 

systems manufactured by Universal 

Avionics Systems Corporation. The 

avionics/electronics and electrical 

systems installed in this airplane have 

the potential to be vulnerable to highintensity radiated fields (HIRF) external 

to the airplane. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Elliott Aviation Technical 

Product Development, Inc. must show 

that the Cessna Model 650, as changed, 

continues to meet the applicable 

provisions of the regulations 

incorporated by reference in Type 

Certificate No. A9NM, 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 Cessna Model 650 airplanes 

includes part 25 of 14 CFR effective 

February 1, 1965, as amended by 

Amendment 25–1 through Amendment 

25–39; §§ 25.901(c) and 25.1199 as 

amended by Amendment 25–1 through 

Amendment 25–40; §§ 25.1309 and 

25.1351(d) as amended by Amendment 

25–1 through Amendment 25–41; 

§§ 25.177, 25.255, and 25.703 as 

amended by Amendment 25–1 through 

Amendment 25–42; § 25.1326 as 

amended by Amendment 25–1 through 

Amendment 25–43; § 25.1413 as 

amended by Amendment 25–1 through 

Amendment 25–44; §§ 25.1305 and 

25.1529 as amended by Amendment 25–

1 through Amendment 25–54. 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 the Cessna Model 650 

airplanes because of a novel or unusual 

design feature, special conditions are 

prescribed under § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Cessna Model 650 

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 under § 11.38 and 

become part of the type certification 

basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should Elliott Aviation 

Technical Product Development, Inc. 

apply at a later date for a supplemental 

type certificate to modify any other 

model included on Type Certificate No. 

A9NM to incorporate the same or 

similar novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

Novel or Unusual Design Features 

As noted earlier, the Cessna Model 

650 airplanes modified by Elliott 

Aviation Technical Product 

Development, Inc. will incorporate 

electronic flight display systems. These 

systems may be vulnerable to highintensity radiated fields 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, these systems are 

considered to be a novel or unusual 

design feature. 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69055 

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 Cessna Model 650 airplanes 

modified by Elliott Aviation Technical 

Product Development, 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. 

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 Cessna 

Model 650 airplanes modified by Elliott 

Aviation Technical Product 

Development, Inc. Should Elliott 

Aviation Technical Product 

Development, Inc. apply at a later date 

for a supplemental type certificate to 

modify any other model included on 

Type Certificate No. A9NM to 

incorporate the same or similar novel or 

unusual design feature, these special 

conditions would apply to that model as 

well under provisions of § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features on Cessna 

Model 650 airplanes modified by Elliott 

Aviation Technical Product 

Development, 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 Cessna Model 

650 airplanes modified by Elliott 

Aviation Technical Product 

Development, Inc. 

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 

November 3, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22521 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P