26774 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

(i) Computer diskettes, 

(ii) Computer tapes, or 

(iii) Telecommunications, with all 

long distance telephone line charges 

paid by the receiver of data. 

(2) When an additional copy of the 

classification memorandum is issued by 

any method listed in paragraph (a)(1) of 

this section, there will be a charge of 

five cents per bale. If provided as an 

additional method of data transfer, the 

minimum fee for each tape or diskette 

issued shall be $10.00. 

(b) Owners of cotton, other than 

producers, may receive classification 

data showing the official quality 

determination of each sample by means 

of telecommunications from a central 

database to be maintained by the 

Division. The fee for this service shall 

be five cents per bale, with all long 

distance telephone line charges paid by 

the receiver of data. The minimum 

charge assessed for services obtained 

from the central database be $5.00 per 

monthly billing period. 

(c) Upon request of an owner of cotton 

for which classification memoranda 

have been issued under the subpart, a 

new memorandum shall be issued for 

the business convenience of such owner 

without the reclassification of the 

cotton. Such rewritten memorandum 

shall bear the date of its issuance and 

the date or inclusive dates of the 

original classification. The fee for a new 

memorandum shall be 15 cents per bale 

or a minimum of $5.00 per sheet. 

§ 28.911 Review classification. 

(a) A producer may request one 

review classification for each bale of 

eligible cotton. The fee for review 

classification is $2.20 per bale. 

(b) Samples for review classification 

must be drawn by gins or warehouses 

licensed pursuant to §§ 28.20 through 

28.22, or by employees of the United 

States Department of Agriculture. Each 

sample for review classification shall be 

taken, handled, and submitted 

according to § 28.908 and to 

supplemental instructions issued by the 

Director or an authorized representative 

of the Director. Costs incident to 

sampling, tagging, identification, 

containers, and shipment for samples 

for review classification shall be 

assumed by the producer. After 

classification, the samples shall become 

the property of the Government unless 

the producer requests the return of the 

samples. The proceeds from the sale of 

samples that become Government 

property shall be used to defray the 

costs of providing the services under 

this subpart. Producers who request 

return of their samples after classing 

will pay a fee of 50 cents per sample in 

addition to the fee established above in 

this section. 

Limitations of Services 

§ 28.917 Limitations of Services. 

The Director, or an authorized 

representative, may suspend, terminate, 

or withhold cotton classing and market 

news services to any producer upon any 

failure of the producer to comply with 

the act or these regulations. Failure to 

remit fees for classification services 

shall result in loss of service. 

Dated: June 2, 2009. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. E9–13148 Filed 6–2–09; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2009–0036] 

Karnal Bunt; Regulated Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Karnal 

bunt regulations to remove certain areas 

or fields in Riverside County, CA, from 

the list of regulated areas based on our 

determination that those areas or fields 

meet our criteria for release from 

regulation of Karnal bunt, a fungal 

disease of wheat. This action is needed 

to relieve restrictions on certain areas or 

fields that are no longer necessary. 

DATES: This interim rule is effective 

June 4, 2009. We will consider all 

comments that we receive on or before 

August 3, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2009-0036 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2009–0036, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2009–0036. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, Karnal Bunt 

Program Manager, Plant Pathogen and 

Weed Programs, EDP, PPQ, APHIS, 4700 

River Road, Unit 26, Riverdale, MD 

20737–1236; (301) 734–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

Karnal bunt is a fungal disease of 

wheat (Triticum aestivum), durum 

wheat (Triticum durum), and triticale 

(Triticum aestivum X Secale cereale), a 

hybrid of wheat and rye. Karnal bunt is 

caused by the fungus Tilletia indica 

(Mitra) Mundkur and is spread 

primarily through the planting of 

infected seed followed by very specific 

environmental conditions matched 

during specific stages of wheat growth. 

Some countries in the international 

wheat market regulate Karnal bunt as a 

fungal disease requiring quarantine; 

therefore, without measures taken by 

the Animal and Plant Health Inspection 

Service (APHIS), United States 

Department of Agriculture, to prevent 

its spread, the presence of Karnal bunt 

in the United States could have 

significant consequences with regard to 

the export of wheat to international 

markets. 

Upon detection of Karnal bunt in 

Arizona in March of 1996, Federal 

quarantine and emergency actions were 

imposed to prevent the interstate spread 

of the disease to other wheat-producing 

areas in the United States. The 

quarantine continues in effect, although 

it has since been modified, both in 

terms of its physical boundaries and in 

terms of its restrictions on the 

production and movement of regulated 

articles from regulated areas. The 

regulations regarding Karnal bunt are set 

forth in 7 CFR 301.89–1 through 

301.89–16 (referred to below as the 

regulations). Articles regulated for 

Karnal bunt are listed in § 301.89–2. 

Conditions for determining whether an 

area is regulated for Karnal bunt are set 

forth in § 301.89–3. 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26775 

1USDA–NASS, Quick Stats: U.S. & All States 

Data-Farm Numbers, California Data: Farm 

Numbers by Economic Sales Classes. Washington, 

DC: National Agricultural Statistics Service. 

2USDA–NASS, 2007 Census of Agriculture, 

Volume 1, Chapter 1: U.S. National Level Data, 

Table 3. Washington, DC: National Agricultural 

Statistics Service. 

3Wheat is planted for forage, grain, or a 

combination of the two. 

4USDA–NASS, 2007 Census of Agriculture, 

California County Data, Table 26. Washington, DC: 

National Agricultural Statistics Service. 

Under the regulations in § 301.89–3(f), 

a field known to have been infected 

with Karnal bunt, as well as any 

noninfected acreage surrounding the 

field, will be released from regulation if: 

• The field has been permanently 

removed from crop production; or 

• The field is tilled at least once per 

year for a total of 5 years (the years need 

not be consecutive). After tilling, the 

field may be planted with a crop or left 

fallow. If the field is planted with a host 

crop, the harvested grain must test 

negative, through the absence of bunted 

kernels, for Karnal bunt. 

The regulations in § 301.89–3(g) 

describe the boundaries of the regulated 

areas in Arizona, California, and Texas. 

In this interim rule, we are amending 

§ 301.89–3(g) by removing certain areas 

or fields in Riverside County, CA, from 

the list of regulated areas, based on our 

determination that these fields or areas 

are eligible for release from regulation 

under the criteria in § 301.89–3(f). In 

accordance with § 301.89–3(f)(2), the 

eligible areas have been tilled at least 

once per year for a total of 5 years. After 

tilling, the fields were either planted 

with a crop or left fallow. For the fields 

that were planted with a host crop, the 

crop tested negative, through the 

absence of bunted kernels, for Karnal 

bunt. We are therefore adjusting the 

quarantined boundaries based on 

surveys that indicate the areas no longer 

meet the requirements for regulated 

areas. 

The area in Riverside County, CA, 

that will be removed from the list of 

regulated areas includes 286 fields and 

8,226 acres. In California, 35,271 acres 

in Riverside County will remain 

regulated for Karnal bunt. The 

quarantine boundaries will remain the 

same in Texas and Arizona. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions that are no longer 

necessary on certain areas or fields in 

Riverside County, CA, regulated for 

Karnal bunt. Under these circumstances, 

the Administrator has determined that 

prior notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this 

action effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

This rule amends the Karnal bunt 

regulations by removing certain areas in 

California from quarantine based on 

surveys that indicate these areas have 

met the criteria in § 301.89–3(f) for 

being released from regulation. With 

this change, 286 fields representing 

8,226 acres in Riverside County, CA, 

will be removed from quarantine. 

Any wheat, durum wheat, or triticale 

grown in regulated fields cannot be 

moved into or through a non-regulated 

area without first being tested for 

bunted kernels. In addition, any wheat, 

durum wheat, or triticale grown in those 

fields cannot be used as seed within or 

outside a regulated area unless it is 

tested and found free of bunted kernels 

and spores. The regulations require that 

all conveyances, mechanized harvesting 

equipment, seed conditioning 

equipment, grain elevators, and 

structures used for storing and handling 

wheat, durum wheat, or triticale be 

cleaned by removing all soil and plant 

debris. If disinfection is required by an 

inspector in addition to cleaning, the 

articles must be disinfected by one of 

the methods specified in § 301.89–12. 

Releasing the 286 fields from Karnal 

bunt regulations will relieve the owners 

and other related businesses of these 

movement restrictions for regulated 

articles. Access to domestic and 

international markets for affected 

producers may also be improved. 

Wheat producers will not be the only 

entities to benefit from this rule. Many 

independent operators of harvesting 

equipment and other service providers 

operating in the affected areas will 

benefit from the release of the fields 

from quarantine. Also, the reduction in 

regulated acreage will reduce the need 

for associated regulatory activities, such 

as surveying and testing. 

Although this rule will benefit wheat 

producers and other entities in the 

affected areas, overall effects are 

expected to be relatively small. There 

were about 81,033 farm operations, 

including wheat farms, in California in 

2007.1 According to the 2007 Census of 

Agriculture, of these 81,033 farms, a 

total of 1,191 farms harvested wheat for 

grain in California (table 1). In 2007, 

California produced about 1.5 percent of 

wheat grown for grain in the United 

States.2 Statewide, a total of 640,000 allpurpose acres were planted with wheat 

in 2007, with about 345,000 acres 

harvested for grain and about 295,000 

acres harvested for forage.3 In 

comparison, the 2007 Census of 

Agriculture reported only 17 wheat 

farms located in Riverside County 

representing about 1.4 percent of farms 

producing wheat in California. These 17 

farms produced only slightly over 1 

percent of California’s wheat.4

TABLE 1—COUNTY, STATE, AND NATIONAL PRODUCTION DATA FOR WHEAT HARVESTED FOR GRAIN, 2007 

Farms harvesting 

wheat for grain 

Wheat acres 

harvested for 

grain 

Total wheat 

production 

(bushels) 

Total value of 

wheat production 

(dollars) 

Riverside County ............................................................. 17 6,759 337,839 1,720,000 

Statewide ......................................................................... 1,191 345,000 30,224,394 155,566,000 

United States ................................................................... 160,810 20,432,969 1,993,648,378 10,623,640,000

Source: USDA–NASS, 2007 Census of Agriculture. Washington, DC: National Agricultural Statistics Service. 

26776 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

5USDA–NASS, California State Agriculture 

Overview—2007. Washington, DC: National 

Agricultural Statistics Service. 

6Table of Size Standards based on NAICS 2002 

[Wheat farming: NAICS code 111140]. Washington, 

DC: U.S. Small Business Administration, effective 

October 1, 2007. 

7California Department of Food and Agriculture, 

California Agricultural Resource Directory 2008– 

2009, County Statistical Data. p. 39. 

The average yield per harvested acre 

for California in 2007 was 85.4 bushels, 

while the average yield per harvested 

acre for Riverside County was 50 

bushels.5 The average price for wheat in 

2007 was $5.90 per bushel. For 2007, 

the total value of production for wheat 

in California was over $155.6 million, 

compared to a total value of production 

for wheat in Riverside County of $1.72 

million. The U.S. Small Business 

Administration’s (SBA) small-entity 

standard for wheat farming is $750,000 

or less in annual receipts.6 Based on the 

2007 Census of Agriculture, average 

annual sales per wheat farm in 

Riverside County was about $102,000, 

well below the SBA standard. Riverside 

County is primarily a producer of 

nursery products, specialty fruits and 

vegetables, and dates.7

In sum, wheat production in the 

portion of Riverside County that will no 

longer be under quarantine for Karnal 

bunt comprises a small fraction of 

California’s total wheat production; only 

four wheat producers will be released 

from the movement restrictions for 

regulated articles. Any benefits 

experienced by these producers and 

other affected entities will not impact 

U.S. wheat production or the price for 

wheat. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

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 in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 1501 

A–293; sections 301.75–15 and 301.75–16 

issued under Sec. 203, Title II, Public Law 

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

■ 2. In § 301–89.3, paragraph (g) is 

amended under the heading 

‘‘California’’ by revising the entry for 

Riverside County to read as follows: 

§ 301.89–3 Regulated areas. 

* * * * * 

(g) * * * 

California 

Riverside County. That portion of 

Riverside County known as the Palo 

Verde Valley (in part) bounded by a line 

drawn as follows: Beginning at Defrain 

Boulevard and West Hobsonway; then, 

east on West Hobsonway to South 

Lovekin Boulevard; then, south on 

South Lovekin Boulevard to West Rice 

Street; then, east on West Rice Street to 

South Commercial Street; then, 

northeast along an imaginary line to its 

intersection with Midway Place and 

West Rice Street; then, east on West 

Rice Street to South Spring Street; then, 

south on South Spring Street to Dekema 

Street; then, east on Dekema Street to 

South Broadway; then, south on South 

Broadway to Interstate 10; then, east on 

Interstate 10 to South Intake Boulevard; 

then, south on South Intake Boulevard 

to 14th Avenue; then, east along an 

imaginary line to its intersection with 

the D–10 Canal Levee at 33.603649 

latitude and ¥114.562167 longitude; 

then, south along the D–10 Canal Levee 

to Seeley Avenue; then, east on Seeley 

Avenue to the F Canal; then, south 

along the F Canal to its intersection with 

33.568563 latitude and ¥114.551014 

longitude; then, west along an 

imaginary line to its intersection with 

33.568531 latitude and ¥114.552651 

longitude; then, south along an 

imaginary line to 20th Avenue at 

33.560219 latitude and ¥114.552415 

longitude; then, east on 20th Avenue to 

the D–10–11 Canal; then, southwest 

along the D–10–11 Canal to its 

intersection with 33.557494 latitude and 

¥114.552419 longitude; then, south 

along an imaginary line to its 

intersection with the F Canal at 

33.545550 latitude and ¥114.551826 

longitude; then, east along the F Canal 

to its intersection with 33.545762 

latitude and ¥114.544763 longitude; 

then, south along an imaginary line to 

its intersection with the boundary of 

Riverside County at 33.540900 latitude 

and ¥114.544620 longitude; then, 

southwest along the boundary of 

Riverside County to its intersection with 

33.455829 latitude and ¥114.623143 

longitude; then, west along an 

imaginary line to its intersection with 

33.455783 latitude and ¥114.669038 

longitude; then, north along an 

imaginary line to its intersection with 

the South End Drain at 33.456190 

latitude and ¥114.669076 longitude; 

then, north along the South End Drain 

to 34th Avenue; then west on 34th 

Avenue to its intersection with 

33.463226 latitude and ¥114.682378 

longitude; then, north along an 

imaginary line to its intersection with 

the C–18–1 Canal at 33.470432 latitude 

and ¥114.682384 latitude; then, west 

along the C–18–1 Canal to its 

intersection with 33.470427 latitude and 

¥114.691076 longitude; then, north 

along an imaginary line to its 

intersection with an unnamed canal at 

33.474836 and latitude and 

¥114.691197 longitude; then, 

southwest along the unnamed canal to 

the shoreline of Palo Verde Lagoon; 

then, northeast along the shoreline of 

Palo Verde Lagoon to its intersection 

with Rannells Drain; then, north along 

Rannells Drain to its intersection with 

33.499639 latitude and ¥114.691526 

longitude; then, north along an 

imaginary line to its intersection with 

the C–03 Canal; then, north along the C– 

03 Canal to its intersection with 

33.522835 latitude and ¥114.687051 

longitude; then, north along an 

imaginary line to its intersection with 

24th Avenue at 33.530245 latitude and 

¥1114.687198 longitude; then, east on 

24th Avenue to the C–03 Canal; then, 

north along the C–03 Canal to its 

intersection with 33.540956 latitude and 

¥114.682964 longitude; then, west 

along an imaginary line to its 

intersection with an unnamed canal at 

33.540901 latitude and ¥114.692066 

longitude; then, north along the 

unnamed canal to 22nd Avenue; then, 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26777 

east on 22nd Avenue to Keim 

Boulevard; then, north on Keim 

Boulevard to an unnamed canal at 

33.564619 latitude and ¥114.691983 

longitude; then, northeast along the 

unnamed canal to its intersection with 

the C–03 Canal; then, north along the 

C–03 Canal to its intersection with 

33.573626 latitude and ¥114.683341 

longitude; then, north along an 

imaginary line to its intersection with 

Rannells Drain at 33.580861 latitude 

and ¥114.683545 longitude; then, east 

along Rannells Drain to its intersection 

with an unnamed drain at 33.581179 

latitude and ¥114.678880 longitude; 

then, north along the unnamed drain to 

its intersection with Seeley Avenue; 

then, east on Seeley Avenue to 

Stephenson Boulevard; then, north on 

Stephenson Boulevard to an unnamed 

drain at 33.595529 latitude and 

¥114.674943 longitude; then, east along 

the unnamed drain to its intersection 

with 33.595448 latitude and 

¥114.666369 longitude; then, east along 

an imaginary line to its intersection 

with 15th Avenue and the West Side 

Drain; then, northeast along the West 

Side Drain to West 14th Avenue; then, 

east on West 14th Avenue to Arrowhead 

Boulevard; then, north on Arrowhead 

Boulevard to Interstate 10; then, east on 

Interstate 10 to Defrain Boulevard; then, 

north on Defrain Boulevard to the point 

of beginning. 

* * * * * 

Done in Washington, DC, this 29th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–13051 Filed 6–3–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE297; Special Conditions No. 

23–237–SC] 

Special Conditions: Spectrum 

Aeronautical, LLC Model S–40; Full 

Authority Digital Engine Control 

(FADEC) System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Spectrum Aeronautical, 

LLC Model S–40 airplane. This airplane 

will have a novel or unusual design 

feature(s) associated with the use of an 

electronic engine control system instead 

of a traditional mechanical control 

system. 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. 

DATES: The effective date of these 

special conditions is May 26, 2009. 

We must receive your comments by 

July 20, 2009. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket CE297, 

901 Locust, Room 506, Kansas City, 

Missouri 64106. You may deliver two 

copies to the Rules Docket at the above 

address. You must mark your comments 

Docket No. CE297. You may inspect 

comments in the Rules Docket 

weekdays, except Federal holidays, 

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

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Room 301, 

Kansas City, Missouri 64106; 816–329– 

4135, fax 816–329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval 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. 

Comments Invited 

We invite interested persons 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 

about 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 by 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 us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On November 21, 2007, Spectrum 

Aeronautical, LLC applied for a type 

certificate for their new Model S–40. 

The Spectrum Model S–40 is a 2 + 9 seat 

(pilots + passengers) conventionally 

configured low wing normal category jet 

airplane with a T-tail and tricycle 

landing gear. This fiber-wound, all 

composite aircraft will be certified for 

day, night, VFR, IFR, and flight into 

known icing operations with a planned 

maximum operating altitude of 45,000 

feet. The company seeks approval for 

single pilot operations and will show 

compliance with Reduced Vertical 

Separation Minimums (RVSM) 

requirements. 

The Spectrum Model S–40 airplane is 

equipped with two GE Honda Aero 

HF120 turbofan engines, each using an 

electronic engine control system 

(FADEC) instead of a traditional 

mechanical control system. Even though 

the engine control system will be 

certificated as part of the engine, the 

installation of an engine with an 

electronic control system requires 

evaluation due to critical environmental 

effects and possible effects on or by 

other airplane systems. For example, 

indirect effects of lightning, radio 

interference with other airplane 

electronic systems, shared engine and 

airplane data and power sources. 

The regulatory requirements in 14 

CFR part 23 for evaluating the 

installation of complex systems, 

including electronic systems and critical 

environmental effects, are contained in 

§ 23.1309. However, when § 23.1309 

was developed, the use of electronic 

control systems for engines was not 

envisioned. Therefore, the § 23.1309 

requirements were not applicable to 

systems certificated as part of the engine 

(reference § 23.1309(f)(1)). Although the 

parts of the system that are not 

certificated with the engine could be