6598 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Proposed Rules 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.).

List of Subjects 

7 CFR Part 300 

Incorporation by reference, Plant 

diseases and pests, Quarantine. 

7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation.

Accordingly, we are proposing to 

amend 7 CFR parts 300 and 301 as 

follows:

PART 300—INCORPORATION BY 

REFERENCE 

1. The authority citation for part 300 

would continue to read as follows:

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3.

2. Section 300.1 would be amended as 

follows: 

a. In paragraph (a)(8), by removing the 

word ‘‘and’’. 

b. In paragraph (a)(9), by removing the 

period and adding the word ‘‘; and’’ in 

its place. 

c. By adding a new paragraph (a)(10) 

to read as set forth below:

§ 300.1 Plant Protection and Quarantine 

Treatment Manual. 

(a) * * * 

(10) Treatment T101–m–2–1–2, 

datedll.

* * * * *

PART 301—DOMESTIC QUARANTINE 

NOTICES 

3. The authority citation for part 301 

would continue to read as follows:

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3.

Section 301.75–15 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note).

4. Section 301.92–10 would be 

revised to read as follows:

§ 301.92–10 Treatments. 

Treatment schedules listed in the 

Plant Protection and Quarantine 

Treatment Manual to destroy 

Phytophothora ramorum are authorized 

for use on certain regulated articles. The 

Plant Protection and Quarantine 

Treatment Manual is incorporated by 

reference at § 300.1 of this chapter. The 

following treatments also may be used 

for the regulated articles indicated: 

(a) Soil—Heat to a temperature of at 

least 180 °F for 30 minutes in the 

presence of an inspector. 

(b) Wreaths, garlands, and greenery of 

host material—Dip for 1 hour in water 

that is held at a temperature of at least 

160 °F.

Done in Washington, DC, this 2nd day of 

February 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 05–2322 Filed 2–7–05; 8:45 am] 

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 923 

[Docket Nos. AO–F&V–923–3; FV03–923–01] 

Sweet Cherries Grown in Designated 

Counties in Washington; Secretary’s 

Decision and Referendum Order on 

Proposed Amendments to Marketing 

Agreement and Order No. 923; 

Correction

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Proposed rule and referendum 

order; correction. 

SUMMARY: The Agricultural Marketing 

Service published in the Federal 

Register on January 14, 2005, a 

Secretary’s Decision and Referendum 

Order on proposed amendments to the 

Washington sweet cherry marketing 

order. This docket corrects the 

representative period for voting in the 

referendum from April 1, 2003, through 

March 31, 2004, to April 1, 2004, 

through February 28, 2005.

FOR FURTHER INFORMATION CONTACT:

Melissa Schmaedick, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service, USDA, Post Office 

Box 1035, Moab, UT 84532, telephone: 

(435) 259–7988, fax: (435) 259–4945.

SUPPLEMENTARY INFORMATION: 

Background 

The Secretary’s decision and 

referendum order that are the subject of 

this correction propose amendments to 

the marketing agreement and order 

(order) and provide growers with the 

opportunity to vote in a referendum to 

determine if they favor the proposed 

amendments. 

Need for Correction 

As published, the representative 

period for the purpose of the 

referendum is being changed from April 

1, 2003, through March 31, 2004, to 

April 1, 2004, through February 28, 

2005, to reflect the most recent crop 

year. 

Correction of Publication 

Accordingly, the publication of the 

proposed rule and referendum order 

(Docket Nos. AO–F&V–923–3; FV03–

923–01), which was the subject of FR 

Doc. 05–825 published on January 14, 

2005 (70 FR 2573) is corrected as 

follows: 

1. On page 2574, column one, under 

DATES; the dates ‘‘April 1, 2003, through 

March 31, 2004,’’ are corrected to read 

‘‘April 1, 2004, through February 28, 

2005.’’

Authority: 7 U.S.C. 601–674.

Dated: February 3, 2005. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service.

[FR Doc. 05–2388 Filed 2–7–05; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NN301; Notice No. 25–05–01–

SC] 

Special Conditions: Boeing Model 

747SP; NASA Stratospheric 

Observatory for Infrared Astronomy 

(SOFIA); Cryogenic Systems Using 

Liquid Nitrogen and Liquid Helium

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This notice proposes special 

conditions for the Boeing Model 747SP 

airplane. This airplane, as modified by 

L–3 Communications/Integrated

Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Proposed Rules 6599

Systems of Waco, Texas, will have novel 

and unusual design features associated 

with cryogenic systems using liquid 

nitrogen and liquid helium. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed 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: Comments must be received on 

or before March 25, 2005.

ADDRESSES: Comments on this proposal 

may be mailed in duplicate to: Federal 

Aviation Administration, Transport 

Airplane Directorate, Attn: Rules Docket 

(ANM–113), Docket No. NN301, 1601 

Lind Avenue SW., Renton, Washington, 

98055–4056; or delivered in duplicate to 

the Transport Airplane Directorate at 

the above address. Comments must be 

marked: Docket No. NM301. 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:

Kathi Ishimaru, FAA, Propulsion/

Mechanical Systems Branch, ANM–112, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98055–4056; 

telephone (425) 227–2674; facsimile 

(425) 227–1232.

SUPPLEMENTARY INFORMATION:

Comments Invited 

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 changes, 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 in 

light of the comments received. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, 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 March 17, 1997, L–3 

Communications/Integrated Systems, 

7500 Maehr Road, Waco, Texas 76705, 

applied for a Supplemental Type 

Certificate (STC) to modify a Boeing 

Model 747SP airplane for use as a flying 

observatory. This airplane will fly in the 

stratosphere to altitudes of 45,000 feet 

and use infrared technology to observe 

objects in space. The airplane is a 

stratospheric observatory for infrared 

astronomy or SOFIA. The modification 

consists of the installation of a 2.5-meter 

telescope, scientist workstations, and 

containment vessels for liquid helium 

and nitrogen (liquid converters, valves, 

evaporating coils, liquid lines, 

regulators, indicators, fittings, etc). 

Various science instruments (each 

having their own airworthiness 

approval), each weighing approximately 

800 pounds, located in the workstation 

area, can be attached to the telescope for 

a specific mission (one per mission 

only). 

The mission of the SOFIA airplane is 

to collect infrared signals. The 

observatory collects very weak infrared 

signals that were emitted by distant 

objects in space thousands of years ago. 

These signals are focused through the 

telescope onto sensors in the science 

instrument which is located on the 

cabin side of the telescope. To detect the 

weak infrared signals, the detectors in 

these sensors are cooled to temperatures 

near absolute zero by the use of 

cryogenic fluids. These fluids are 

contained in vessels similar to vacuum 

bottles. Their design and installation are 

covered by these special conditions. 

These extremely cold environments can 

only be produced by cryogenic liquids. 

The SOFIA observatory depends on 

liquid helium and nitrogen to chill the 

internal passageways of the detector 

systems. The amount of cryogens used 

here is small. 

Cryogens, in a much greater quantity, 

are used in the area where the telescope 

mirror is installed. Liquid nitrogen is 

converted to a gas and circulated around 

the mirror to pre-cool it to prevent it 

from fogging up as it goes from a warm 

moist atmosphere on the ground to the 

cold dry atmosphere at high altitudes. 

L–3 Communications/Integrated 

Systems has designed the installation to 

fly to 45,000 feet and fly in a gradual arc 

pattern for extended periods of time. 

Additionally, various science 

instruments will be installed under this 

STC or similar STCs, which will be 

referenced back to this STC. 

The cryogenic systems must be 

designed and installed to ensure that no 

failure of the systems, including a leak 

in any part of the systems, would 

prevent continued safe flight and 

landing of the airplane. 

There are no specific regulations that 

address the design and installation of 

liquid nitrogen systems and liquid 

helium systems. Existing requirements 

such as 14 CFR 25.1309 and 25.1438(b) 

are applicable to this installation. 

However, the FAA needs to specify 

additional design standards for systems 

utilizing cryogen liquids to ensure that 

a minimum level of safety is 

maintained. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, L–3 Communications/Integrated 

Systems must show that the modified 

Boeing Model 747SP airplane, as 

changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. A20WE, 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.’’

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 Boeing Model 747SP 

airplane modified by L–3 

Communications/Integrated Systems 

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 Boeing Model 747SP 

must comply with the fuel vent 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 L–3 

Communications/Integrated Systems 

apply at a later date for a supplemental 

type certificate to modify any other 

model included on the same type 

certificate to incorporate the same novel 

or unusual design feature, these special 

6600 Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / Proposed Rules 

conditions would also apply to the other 

model under the provisions of § 21.101. 

Novel or Unusual Design Features 

The modified Boeing Model 747SP 

will incorporate the following novel or 

unusual design features: 

1. Cryogenic fluids (liquid nitrogen 

and liquid helium) contained in the 

science instrument in the cabin 

compartment. The cryogenic gases 

could cause an asphyxiation hazard to 

the crew and passengers. 

2. The cryogens (liquid nitrogen), 

stored for chilling the mirror during 

ascent, might come in contact with the 

airplane’s structure, which could cause 

damage to the surrounding structural 

areas.

Discussion 

There are no specific regulations that 

address requirements for the use of 

liquid cryogens on board airplanes. To 

ensure that a minimum level of safety is 

achieved equivalent to that intended by 

the regulations incorporated by 

reference, special conditions are needed 

for the Boeing Model 747SP airplane. 

These special conditions require 

cryogenic systems to be designed and 

installed to preclude or minimize the 

existence of unsafe conditions that 

could result from system leakage, 

malfunction, or damage from external 

sources. In the event of leakage in the 

cabin area, ventilation must be provided 

that is adequate to protect crew and 

passengers from asphyxiation. The 

airplane’s structure must also be 

protected from contacting the liquids. 

Rotor burst of high-energy equipment 

must be considered and adequate 

protection must be provided to protect 

the liquid containers (either in the cabin 

or in the aft telescope area). 

Applicability 

As discussed above, these special 

conditions are applicable to Boeing 

747SP airplane. Should L–3 

Communications/Integrated Systems 

apply at a later date for a supplemental 

type certificate to modify any other 

model included on Type Certificate No. 

A20WE to incorporate the same novel or 

unusual design feature, these special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Boeing Model 747SP airplane. It is not 

a rule of general applicability and it 

affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane.

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and record keeping requirements.

The authority citation for these 

special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Boeing Model 747SP airplane as 

modified by L–3 Communications/

Integrated Systems of Waco, Texas: 

1. Occupied compartments that 

contain cryogenic fluids must be 

provided with a means of ventilation to 

prevent the accumulation of cryogenic 

gases to a level that may cause an 

asphyxiation hazard to the crew or 

passengers. 

2. Cryogen dewars will be limited to 

a maximum capacity of 70 liters of 

liquid nitrogen and 80 liters of liquid 

helium. These limits placed on the 

instrument are adequate to allow the 

instrument to perform the mission. 

3. Pressure relief valves will provide 

release of gases to prevent overpressure 

of dewars and plumbing lines. The 

pressure relief valves shall be vented 

overboard through a drain in the bottom 

of the airplane unless it is substantiated 

that the valves can be safely vented 

inside the airplane. The cryogenic 

system must be designed to prohibit the 

pressure relief valves from freezing due 

to air condensing and freezing. 

4. Cryogenic equipment and plumbing 

installations will be designed such that 

a spill, rupture, or any other failure to 

contain the liquid cryogen will not 

result in direct contact of the liquid 

cryogen with load bearing structure or 

critical airplane equipment that is 

essential for the continued safe flight 

and landing of the airplane. 

5. An analysis will be accomplished 

to substantiate that the airplane will not 

be overpressurized in the event of a 

catastrophic failure of all the dewars 

containing cryogenic fluid. 

6. The location of the cryogenic 

equipment and plumbing installations 

shall minimize the risk of damage due 

to an uncontained rotor or fan blade 

failure. All equipment containing highenergy rotors must be considered, such 

as turbine engines, auxiliary power 

units, ram air turbines, electric/

pneumatic engine starters, air cycle 

machines, and certain cooling fans. In 

addition to properly locating the 

cryogenic system, operational 

procedures and shields may be used to 

minimize the risk of damage. New 

equipment containing high-energy 

rotors whose uncontained failure could 

damage the cryogenic system must 

comply with § 25.1461, Amendment 25–

41. 

7. The cryogenic system must be 

designed to minimize condensation of 

the atmospheric air, which could result 

in a liquid enriched with oxygen due to 

nitrogen having a lower boiling point 

than oxygen. Any condensation from 

system components or lines will be 

collected by drip pans, shields, or other 

suitable collection means and drained 

overboard through a drain fitting 

separate from the pressure relief vent 

fittings, if equipped for compliance with 

Special Condition No. 3. The 

condensation will be isolated from 

combustible materials including grease, 

oil, and ignition sources. 

8. Instructions for continued 

airworthiness (ICA) will require 

periodic inspection of cryogenic 

components. The ICA will also include 

periodic inspection of plumbing 

insulation to ensure integrity. 

9. Shutoff valves will be installed 

where multiple cryogenic pressurized 

storage vessels are connected together 

by manifolds so that a leak in one 

pressurized storage vessel will not allow 

leakage of the cryogenic fluids from any 

other pressurized storage vessel. 

10. Cryogenic components must be 

burst pressure tested to 3.0 times, and 

proof pressure tested to 1.5 times the 

maximum normal operating pressure. 

Tests shall account for the worst-case 

temperature and material strength 

properties the components are exposed 

to in service. 

11. The plumbing installation must be 

designed to consider thermal expansion 

and thermally induced stresses. 

12. The cryogenic system must be 

protected from unsafe temperatures and 

located where the probability of hazards 

of rupture in a crash landing are 

minimized. 

13. The proof of strength of airframe 

load bearing structure in the vicinity of 

cryogenic equipment and plumbing 

must account for temperature extremes, 

and the effect on the strength of 

materials, resulting from carriage of 

cryogenic fluids.

Issued in Renton, Washington, on January 

28, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–2319 Filed 2–7–05; 8:45 am] 

BILLING CODE 4910–13–U