25778 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

set forth in that E.O., and determined

that this regulation will not have a

significant impact on family formation,

maintenance, and general well-being.

Pursuant to the provisions of E.O.

12612, it is certified that this regulation

has been assessed in light of the

principles, criteria, and requirements

specified in that E.O. and that they will

not 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. Therefore, the

preparation of a Federalism Assessment

is not warranted.

This document does not meet the

criteria for a ‘‘significant regulatory

action’’ as defined in E.O. 12866.

Drafting Information

The principal author of this document

was Gregory R. Vilders, Attorney, Office

of Regulations and Rulings, U.S.

Customs Service; however, personnel

from other offices and agencies

participated in its development.

List of Subjects

8 CFR Part 100

Administrative practice and

procedure, Organizations and functions

(Government agencies).

19 CFR Part 122

Administrative practice and

procedure, Air carriers, Aircraft,

Airports, Air transportation, Baggage,

Customs duties and inspection, Drug

traffic control, Imports, Reporting and

recordkeeping requirements.

Amendments to the Regulations

Accordingly, part 100 of chapter I of

title 8 of the Code of Federal

Regulations and part 122 of chapter I of

title 19 of the Code of Federal

Regulations are amended as follows:

Title 8—Aliens and Nationality

PART 100—STATEMENT OF

ORGANIZATION

1. The authority citation for part 100

continues to read as follows:

Authority: 8 U.S.C. 1103; 8 CFR part 2.

§ 100.4 [Amended]

2. In § 100.4, paragraph (c)(2) is

amended by:

a. Removing ‘‘Eagle Pass, TX’’ from

the Class A listing under District No.

14—San Antonio, Texas; and by

b. Adding, in proper alphabetical

sequence, ‘‘Maverick, TX’’ to the Class

A listing under District No. 14—San

Antonio, Texas.

3. In § 100.4, paragraph (c)(3) is

amended by adding, in proper

alphabetical sequence, ‘‘Maverick, TX,

Maverick County Airport’’ to the Class

A listing under District No. 14—San

Antonio, Texas.

Title 19—Customs Duties

PART 122—AIR COMMERCE

REGULATIONS

1. The authority citation for part 122

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66,

1433, 1436, 1459, 1590, 1594, 1623, 1624,

1644,; 49 U.S.C. app. 1509.

§ 122.13 [Amended]

2. In § 122.13, the list of international

airports is amended by removing ‘‘Eagle

Pass, Tex.—Eagle Pass Municipal

Airport’’ and adding, in appropriate

alphabetical order, ‘‘Maverick, Tex.—

Maverick County Airport’’.

Approved: May 2, 1996.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

April 12, 1996.

Doris Meissner,

Commissioner of Immigration and

Naturalization Service.

[FR Doc. 96–12883 Filed 5–22–96; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM–125; Special Conditions

No. 25–ANM–115]

Special Conditions: Dassault Aviation

Model Falcon 900EX Airplane; HighIntensity Radiated Fields

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for the Dassault Aviation Model

Falcon 900EX airplane. This airplane is

a derivative of the Model MystereFalcon 900, which is itself derived from

the Mystere-Falcon 50, and will utilize

new avionics/electronic systems that

provide critical data to the flightcrew.

The applicable regulations do not

contain adequate or appropriate safety

standards for the protection of these

systems from the effects of highintensity radiated fields. 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 May 14, 1996.

Comments must be received on or

before June 24, 1996.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, Attn: Rules

Docket (ANM–7), Docket No. NM–125,

1601 Lind Avenue SW., Renton,

Washington, 98055–4056; or delivered

in duplicate to the Office of the

Assistant Chief Counsel at the above

address. Comments must be marked:

Docket No. NM–125. Comments may be

inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Thomas Groves, FAA, Standardization

Branch, ANM–113, Transport Airplane

Directorate, Aircraft Certification

Service, 1601 Lind Avenue SW.,

Renton, Washington, 98055–4056;

telephone (206) 227–1503; facsimile

(206) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA has determined that good

cause exists for making these special

conditions effective upon issuance;

however, interested persons are invited

to submit such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket and special condition

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. These

special conditions may be changed in

light of the comments received. All

comments submitted 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. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this request

must submit with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to Docket No. NM–125.’’

The postcard will be date stamped and

returned to the commenter

Background

On March 3, 1993, Dassault Aviation,

B.P 24—33701 Merignac CEDEX,
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25779

France, applied for an amendment to

type certificate A46EU to include the

Model Falcon 900EX airplane. The

Falcon 900EX is a modified version of

the Model Mystere-Falcon 900, which is

itself a derivative of the Model MystereFalcon 50. The Falcon 900EX is

intended to be used as a twelve

passenger executive airplane with a

maximum takeoff weight of 49,000

pounds and a maximum operating

altitude of 51,000 feet.

Type Certification Basis

Under the provisions of § 21.101,

Dassault Aviation must show that the

Model Falcon 900EX meets the

applicable provisions of the regulations

incorporated by reference in Type

Certificate A46EU, or the applicable

regulations in effect on the date of

application for change to the Model

Mystere-Falcon 900. 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 No. A46EU

are as follows: 14 CFR part 25, as

amended by Amendments 25–1 through

25–34, and certain special conditions

and later amended sections of part 25

that are not relevant to these special

conditions. These special conditions

will form an additional part of the type

certification basis. In addition, the

certification basis may include other

special conditions that are not relevant

to these special conditions.

In addition to the applicable

airworthiness regulations and special

conditions, the Falcon 900EX must

comply with the fuel vent and exhaust

emission requirements of part 34 and

the noise certification requirements of

part 36.

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 Model Falcon 900EX

because of a novel or unusual design

feature, special conditions are

prescribed under the provisions of

§ 21.16 to establish a level of safety

equivalent to that established in the

regulations.

Special conditions, as appropriate, are

issued in accordance with Title 14 CFR

§ 11.49 after public notice, as required

by §§ 11.28 and 11.29, and become part

of the type certification basis in

accordance with § 21.101(b)(2).

Special conditions are initially

applicable to the model for which they

are issued. Should the type certificate

for that model be further amended later

to include any other model that

incorporates the same 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(a)(1).

Novel or Unusual Design Features

The Model Falcon 900EX incorporates

new avionic/electronic installations,

including a digital Electronic Flight

Instrument System (EFIS), Air Data

Computers, Autothrottle, Engine

Instrument Display (EID), Bleed Air

System Computer (BASC), and a Digital

Electronic Engine Control (DEEC)

system that controls critical engine

parameters. These systems may be

vulnerable to high-intensity radiated

fields (HIRF) external to the airplane.

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 electrical and

electronic 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 Model Falcon 900EX, which

require that new technology electrical

and electronic systems, such as the

EFIS, DEEC, etc., be designed and

installed to preclude component

damage and interruption of function

due to both the direct ant indirect

effects of HIRF.

With the trend toward increased

power levels from ground-based

transmitters, plus the advent of space

and satellite communications, coupled

with electronic command and control of

the airplane, the immunity of critical

digital avionics 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 paragraphs 1 or 2 below:

1. A minimum threat of 100 volts per

meter peak 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 following field strengths for the

frequency ranges indicated.

Frequency Peak (V/

M)

Average

(V/M)

10 KHz—100 KHz ..... 50 50

100 KHz—500 KHz ... 60 60

500 KHz—2000 KHz 70 70

2 MHz—30 MHz ........ 200 200

30 MHz—100MHz ..... 30 30

100 MHz—200 MHz 150 33

200 MHz—400 MHz 70 70

400 MHz—700 MHz 4,020 935

700 MHz—1000 MHz 1,700 170

1 GHz—2 GHz .......... 5,000 990

2 GHz—4GHz ........... 6,680 840

4 GHz—6 GHz .......... 6,850 310

6 GHz—8 GHz .......... 3,600 670

8 GHz—12 GHz ........ 3,500 1,270

12 GHz—18 GHz ...... 3,500 360

18 GHz—40 GHz ...... 2,100 750

As discussed above, these special

conditions are applicable initially to the

Dassault Aviation Model Falcon 900EX.

Should Dassault Aviation apply at a

later date for further amendment to the

type certificate to include another

model incorporating the same novel or

unusual design feature, the special

conditions would apply to that model as

well under the provisions of

§ 21.101(a)(1).

Conclusion

This action affects only certain design

features on the Dassault Aviation Model

Falcon 900EX airplane. It is not a rule

of general applicability and affects only

the manufacturer who applied to the

FAA for approval of these features on

the airplane.

The substance of the special

conditions for this airplane has been

subjected to the notice and comment

procedure 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 this

special condition immediately.

Therefore, this special condition is

being made effective upon issuance. The

FAA is requesting comments to allow
25780 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

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 type

certification basis for the Dassault

Aviation Model Falcon 900EX series

airplanes.

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 May 14,

1996.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service,

ANM–100.

[FR Doc. 96–13026 Filed 5–22–96; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 97

[Docket No 28583; Amdt. No. 1729]

Standard Instrument Approach

Procedures; Miscellaneous

Amendments

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes,

amends, suspends, or revokes Standard

Instrument Approach Procedures

(SIAPs) for operations at certain

airports. These regulatory actions are

needed because of the adoption of new

or revised criteria, or because of changes

occurring in the National Airspace

System, such as the commissioning of

new navigational facilities, addition of

new obstacles, or changes in air traffic

requirements. These changes are

designed to provide safe and efficient

use of the navigable airspace and to

promote safe flight operations under

instrument flight rules at the affected

airports.

DATES: An effective date for each SIAP

is specified in the amendatory

provisions.

Incorporation by reference-approved

by the Director of the Federal Register

on December 31, 1980, and reapproved

as of January 1, 1982.

ADDRESSES: Availability of matters

incorporated by reference in the

amendment is as follows:

For Examination—

1. FAA Rules Docket, FAA

Headquarters Building, 800

Independence Avenue, SW.,

Washington, DC 20591;

2. The FAA Regional Office of the

region in which the affected airport is

located; or

3. The Flight Inspection Area Office

which originated the SIAP.

For Purchase—Individual SIAP

copies may be obtained from:

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800

Independence Avenue, SW.,

Washington, DC 20591; or

2. The FAA Regional Office of the

region in which the affected airport is

located.

By Subscription—Copies of all SIAPs,

mailed once every 2 weeks, are for sale

by the Superintendent of Documents,

U.S. Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Paul J. Best, Flight Procedures

Standards Branch (AFS–420), Technical

Programs Division, Flight Standards

Service, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone (202) 267–8277.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes Standard Instrument Approach

Procedures (SIAPs). The complete

regulatory description of each SIAP is

contained in official FAA form

documents which are incorporated by

reference in this amendment under 5

U.S.C. 552(a), 1 CFR part 51, and § 97.20

of the Federal Aviation Regulations

(FAR). The applicable FAA Forms are

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated

by reference are available for

examination or purchase as stated

above.

The large number of SIAPs, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identified

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPS). In developing

these SIAPs, the TERPS criteria were

applied to the conditions existing or

anticipated at the affected airports.

Because of the close and immediate

relationship between these SIAPs and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAPs are impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated