26778 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

evaluated using the criteria of § 23.1309, 

the integral nature of systems such as 

these makes it unfeasible to evaluate the 

airplane portion of the system without 

including the engine portion of the 

system. 

In some cases, the airplane that the 

engine is used in will determine a 

higher classification (Advisory Circular 

(AC) 23.1309) than the engine controls 

are certificated for, which will require 

that the FADEC/DEEC systems be 

analyzed at a higher classification. Since 

November 2005, FADEC special 

conditions have mandated the 

classification for § 23.1309 analysis for 

loss of FADEC control as catastrophic 

for any airplane. This is not to imply 

that an engine failure is classified as 

catastrophic, but that the digital engine 

control must provide an equivalent 

reliability to mechanical engine 

controls. 

Type Certification Basis 

Under the provisions of 14 CFR 21.17, 

Spectrum Aeronautical, LLC must show 

that the Model S–40 meets the 

applicable provisions of 14 CFR part 23, 

as amended by Amendments 23–1 

through 23–57, thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the Model S–40 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 S–40 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, and the 

FAA must issue a finding of regulatory 

adequacy under § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

appropriate, as defined in § 11.19, under 

§ 11.38, and they become part of the 

type certification basis under 

§ 21.17(a)(2). 

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 novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The Spectrum Aeronautical, LLC 

Model S–40 will incorporate the 

following novel or unusual design 

features: Electronic engine control 

system. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

S–40. Should Spectrum Aeronautical, 

LLC apply at a later date for a change 

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 standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Spectrum 

Aeronautical, LLC Model S–40 is 

imminent, the FAA finds that good 

cause exists to make these special 

conditions effective upon issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on one 

model, Model S–40, of 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 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

■ The authority citation for these 

special conditions is as follows: 

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

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

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 Spectrum Aeronautical, LLC 

Model S–40 airplanes. 

1. Electronic Engine Control 

The installation of the electronic 

engine control system must comply 

with the requirements of § 23.1309(a) 

through (e) at Amendment 23–49. The 

intent of this requirement is not to reevaluate the inherent hardware 

reliability of the control itself, but rather 

to determine the effects, including 

environmental effects addressed in 

§ 23.1309(e), on the airplane systems 

and engine control system when 

installing the control on the airplane. 

When appropriate, engine certification 

data may be used when showing 

compliance with this requirement; 

however, the effects of the installation 

on this data must be addressed. 

For these evaluations, the loss of 

FADEC control will be analyzed 

utilizing the threat levels associated 

with a catastrophic failure. 

Issued in Kansas City, Missouri on May 26, 

2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12992 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 34 

[Docket No.: FAA–2009–0112; Amendment 

No. 34–4] 

RIN 2120–AJ41 

Emission Standards for Turbine 

Engine Powered Airplanes; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is amending an 

error in its emission standards for 

turbine engine powered airplanes. The 

paragraph that describes the sampling 

and analytical procedures for measuring 

smoke exhaust emissions contains an 

erroneous cross reference which was 

included in the final rule. This 

document corrects that error so that the 

reader is able to locate the correct 

information. 

DATES: This correction is effective June 

29, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Aimee Fisher, Emissions 

Division (AEE–300), Office of 

Environment and Energy, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–7705; e-mail: aimee.fisher@faa.gov. 

For legal questions concerning this rule, 

contact Karen Petronis (AGC–200), 

Office of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3073; e-mail: 

karen.petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule 

entitled ‘‘Emission Standards for 

Turbine Engine Powered Airplanes’’ in 

the Federal Register on Tuesday, April 

28, 2009 (74 FR 19128). The final rule 

amended emissions standards for 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26779 

turbine engine powered airplanes to 

incorporate the standards adopted by 

the United States Environmental 

Protection Agency (EPA). This rule also 

amended certain test procedures for 

gaseous exhaust emissions, which are 

based on the standards of the 

International Civil Aviation 

Organization (ICAO) for gaseous 

emissions of oxides of nitrogen (NOX). 

This final rule, as published, contained 

an erroneous cross reference to an ICAO 

Annex in § 34.82. The correct reference 

is ICAO Annex 16. 

Correction 

■ In FR Doc. E9–9433 appearing on page 

19125 of the Federal Register of 

Tuesday, April 28, 2009, make the 

following corrections: 

§ 34.82 [Amended] 

■ 1. On page 19128, second column, in 

the first sentence of § 34.82, remove the 

phrase ‘‘Appendix 2 to ICAO Annex 2 

to ICAO Annex 16’’ and add the phrase 

‘‘Appendix 2 to ICAO Annex 16’’ in its 

place. 

Issued in Washington, DC, on May 29, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–12977 Filed 6–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30669; Amdt. No. 481] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, July 

02, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Harry Hodges, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 

Conclusion 

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 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 95 

Airspace, Navigation (air). 

Issued in Washington, DC, on May 29, 

2009. 

John M. Allen, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

part 95 of the Federal Aviation 

Regulations (14 CFR part 95) is 

amended as follows effective at 0901 

UTC, July 2, 2009. 

■ 1. The authority citation for part 95 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44719, 

44721. 

■ 2. Part 95 is amended as follows: 

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINTS

[Amendment 481 Effective Date, July 02, 2009] 

From To MEA 

§ 95.6001 Victor Routes-U.S. 

§ 95.6031 VOR Federal Airway V31 Is Amended To Read in Part 

Patuxent, MD VORTAC ................................................................ *Aruye, MD FIX ............................................................................ 2500 

*6000–MRA 

*Aruye, MD FIX ............................................................................. Nottingham, MD VORTAC ........................................................... #**6000 

*6000–MRA 

**3000–GNSS MEA