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Federal Register / Vol. 71, No.

115 / Thursday, June 15, 2006 / Rules and Regulations 34517

employer or the recruiter or referrer, Done in Washington, DC, this 9th day of weekdays, except Federal holidays,
must attest to the required information June 2006. between 7:30 a.m. and 4 p.m.
in Form I–9. The system used to capture Kevin Shea,
FOR FURTHER INFORMATION CONTACT:
the electronic signature should include Acting Administrator, Animal and Plant
Health Inspection Service.
Peter L. Rouse, Federal Aviation
a method to acknowledge that the
Administration, Aircraft Certification
attestation to be signed has been read by [FR Doc. E6–9350 Filed 6–14–06; 8:45 am]
Service, Small Airplane Directorate,
the signatory. Any person or entity who BILLING CODE 3410–34–P
ACE–111, 901 Locust, Room 301,
has failed to comply with the criteria
Kansas City, Missouri 64106; telephone:
established by this regulation for
816–329–4135, fax: 816–329–4090.
electronic signatures, if used, and at the DEPARTMENT OF TRANSPORTATION
time of inspection does not present a SUPPLEMENTARY INFORMATION: The FAA
properly completed Form I–9 for the Federal Aviation Administration has determined that notice and
employee, is in violation of section opportunity for prior public comment
274A(a)(1)(B) of the Act and 8 CFR 14 CFR Part 23 hereon are impracticable because these
274a.2(b)(2). procedures would significantly delay
[Docket No. CE249; Special Conditions No. issuance of the design approval and
Dated: June 8, 2006. 23–189–SC]
Michael Chertoff,
thus delivery of the affected aircraft. In
Special Conditions: Societe de addition, the substance of these special
Secretary.
Motorisation Aeronautiques (SMA) conditions has been subject to the
[FR Doc. E6–9283 Filed 6–14–06; 8:45 am] public comment process in several prior
BILLING CODE 4410–10–P
Engines, Cessna Models 182Q and
182R: Installation of Model SR305–230 instances with no substantive comments
Aircraft Diesel Engine for Full received. The FAA, therefore, finds that
Authority Digital Engine Control good cause exists for making these
DEPARTMENT OF AGRICULTURE special conditions effective upon
(FADEC) System and the Protection of
the System From the Effects of High issuance.
Animal and Plant Health Inspection
Service Intensity Radiated Fields (HIRF) Comments Invited
AGENCY: Federal Aviation Interested persons are invited to
9 CFR Part 93 Administration (FAA), DOT. submit such written data, views, or
[Docket No. APHIS–2006–0020] ACTION: Final special conditions; request arguments as they may desire.
for comments. Communications should identify the
States Approved To Receive Stallions regulatory docket or special condition
and Mares From CEM-Affected SUMMARY: This proposes special number and be submitted in duplicate
Regions; Indiana conditions for the Cessna Models 182Q to the address specified above. All
AGENCY: Animal and Plant Health and 182R airplanes with a Societe de communications received on or before
Inspection Service, USDA. Motorisation Aeronautiques (SMA) the closing date for comments will be
Model SR305–230 aircraft diesel engine considered by the Administrator. The
ACTION: Direct final rule; confirmation of
(ADE). The supplemental type special conditions may be changed in
effective date.
certificate for these airplanes will have light of the comments received. All
SUMMARY: On April 27, 2006, the a novel or unusual design feature comments received will be available in
Animal and Plant Health Inspection associated with the installation of an the Rules Docket for examination by
Service published a direct final rule. aircraft diesel engine that uses an interested persons, both before and after
(See 71 FR 24806–24808.) The direct electronic engine control system instead the closing date for comments. A report
final rule notified the public of our of a mechanical control system. The summarizing each substantive public
intention to amend the animal applicable airworthiness regulations do contact with FAA personnel concerning
importation regulations by adding not contain adequate or appropriate this rulemaking will be filed in the
Indiana to the lists of States approved to safety standards for this design feature. docket. Commenters wishing the FAA to
receive certain stallions and mares These special conditions contain the acknowledge receipt of their comments
imported into the United States from additional safety standards that the submitted in response to this notice
regions affected with contagious equine Administrator considers necessary to must include a self-addressed, stamped
metritis. We did not receive any written establish a level of safety equivalent to postcard on which the following
adverse comments regarding the that established by the existing statement is made: ‘‘Comments to
addition of Indiana to those lists or airworthiness standards. Docket No. CE249.’’ The postcard will
written notice of intent to submit DATES: The effective date of these be date stamped and returned to the
adverse comments in response to the special conditions is June 7, 2006. commenter.
direct final rule. Comments must be received on or
Background
DATES: Effective Date: The effective date before July 17, 2006.
of the direct final rule is confirmed as ADDRESSES: Comments on the special On March 19, 2004, the Societe de
June 26, 2006. conditions may be mailed in duplicate Motorisation Aeronautiques Engines,
FOR FURTHER INFORMATION CONTACT: Dr. to: Federal Aviation Administration Inc. applied for Supplemental Type
Freeda E. Isaac, Senior Staff (FAA), Regional Counsel, ACE–7, Certification of Cessna Models 182Q
Veterinarian, National Center for Import Attention: Rules Docket, Docket No. and 182R airplanes for the installation
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and Export, VS, APHIS, 4700 River CE249, 901 Locust, Room 506, Kansas of an SMA Model SR305–230. The
Road Unit 39, Riverdale, MD 20737– City, Missouri 64106, or delivered in airplane is powered by a SMA Model
1231; (301) 734–8364. duplicate to the Regional Counsel at the SR305–230 that is equipped with an
Authority: 7 U.S.C. 1622 and 8301–8317; above address. Comments must be electronic engine control system with
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 marked: Docket No. CE249. Comments full authority capability in these
CFR 2.22, 2.80, and 371.4. may be inspected in the Rules Docket airplanes.

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34518 Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations

Type Certification Basis Committee (ARAC) Electromagnetic 182R airplanes to incorporate the same
Under the provisions of 14 CFR Effects Harmonization Working Group novel or unusual design features, the
21.101, SMA Engines, Inc., must show (EEHWG). The EEHWG adopted a set of special conditions would apply to that
that the Cessna Models 182Q and 182R HIRF environment levels in November model as well under the provisions of
airplanes, with the installation of an 1997 that were agreed upon by the FAA, § 21.101.
SMA Model SR305–230, meets the the Joint Aviation Authorities (JAA),
and industry participants. As a result, Conclusion
applicable provisions of part 14 CFR This action affects only certain novel
the HIRF environments in this notice
part 23, as amended by Amendments or unusual design features on SMA
reflect the environment levels
23–1 through 23–51 and Civil Air Engines, Inc., modified Cessna Models
recommended by this working group.
Regulations (CAR) 3 thereto. 182Q and 182R airplanes. It is not a rule
This notice states that a FADEC is an
If the Administrator finds that the
example of a system that should address of general applicability, and it affects
applicable airworthiness regulations
the HIRF environments. only the applicant who applied to the
(i.e., CAR 3; 14 CFR, part 23) do not Even though the control system will FAA for approval of these features on
contain adequate or appropriate safety be certificated as part of the engine, the the airplane.
standards for the Cessna Models 182Q installation of an engine with an Under standard practice, the effective
and 182R airplanes because of a novel electronic control system requires date of final special conditions would
or unusual design feature, special evaluation due to the possible effects on be 30 days after the date of publication
conditions are prescribed under the or by other airplane systems (e.g., radio in the Federal Register. However, as the
provisions of § 21.16. interference with other airplane certification date for the SMA Engines,
Special conditions, as appropriate, as electronic systems, shared engine and Inc., modified Cessna Models 182Q and
defined in § 11.19, are issued in airplane power sources). The regulatory 182R is imminent, the FAA finds that
accordance with § 11.38, and become requirements in 14 CFR part 23 for good cause exists to make these special
part of the certification basis for the evaluating the installation of complex conditions effective upon issuance.
supplemental type certification basis in systems, including electronic systems,
accordance with § 21.101. Special are contained in § 23.1309. However, List of Subjects in 14 CFR Part 23
conditions are initially applicable to the when § 23.1309 was developed, the use Aircraft, Aviation safety, Signs and
model for which they are issued. Should of electronic control systems for engines symbols.
the applicant apply for a supplemental was not envisioned; therefore, the
type certificate to modify any other Citation
§ 23.1309 requirements were not
models that are listed on the same type applicable to systems certificated as part The authority citation for these
certificate to incorporate the same novel of the engine (reference § 23.1309(f)(1)). special conditions is as follows:
or unusual design features, the special Also, electronic control systems often Authority: 49 U.S.C. 106(g), 40113 and
conditions would also apply under the require inputs from airplane data and 44701; 14 CFR 21.16 and 21.101; and 14 CFR
provisions of § 21.101. power sources and outputs to other 11.38 and 11.19.
Novel or Unusual Design Features airplane systems (e.g., automated The Special Conditions
cockpit powerplant controls such as
The SMA Engines, Inc. modified mixture setting). Although the parts of Accordingly, pursuant to the
Cessna Models 182Q and 182R airplanes the system that are not certificated with authority delegated to me by the
will incorporate a novel or unusual the engine could be evaluated using the Administrator, the following special
design feature, an engine that includes criteria of § 23.1309, the integral nature conditions are issued as part of the
an electronic control system with Full of systems such as these makes it supplemental type certification basis for
Authority Digital Engine control unfeasible to evaluate the airplane SMA Engines, Inc., modified Cessna
(FADEC) capability. portion of the system without including Models 182Q and 182R airplanes.
Many advanced electronic systems are the engine portion of the system. 1. High Intensity Radiated Fields
prone to either upsets or damage, or However, § 23.1309(f)(1) again prevents (HIRF) Protection. In showing
both, at energy levels lower than analog complete evaluation of the installed compliance with 14 CFR part 21 and the
systems. The increasing use of high airplane system since evaluation of the airworthiness requirements of 14 CFR
power radio frequency emitters engine system’s effects is not required. part 23, protection against hazards
mandates requirements for improved Therefore, special conditions are caused by exposure to HIRF fields for
High Intensity Radiated Fields (HIRF) proposed for the SMA Engines, Inc., the full authority digital engine control
protection for electrical and electronic modified Cessna Models 182Q and 182R system, which performs critical
equipment. Since the electronic engine airplanes to provide HIRF protection functions, must be considered. To
control system used on the SMA and to evaluate the installation of the prevent this occurrence, the electronic
Engines, Inc., modified Cessna Models electronic engine control system for engine control system must be designed
182Q and 182R airplanes will perform compliance with the requirements of and installed to ensure that the
critical functions, provisions for § 23.1309(a) through (e) at Amendment operation and operational capabilities of
protection from the effects of HIRF 23–49. this critical system are not adversely
should be considered and, if necessary, affected when the airplane is exposed to
incorporated into the airplane design Applicability high energy radio fields.
data. The FAA policy contained in As discussed above, these special At this time, the FAA and other
Notice 8110.71, dated April 2, 1998, conditions are applicable to the SMA airworthiness authorities are unable to
establishes the HIRF energy levels that Engines, Inc., modified Cessna Models precisely define or control the HIRF
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airplanes will be exposed to in service. 182Q and 182R airplanes. Should SMA energy level to which the airplane will
The guidelines set forth in this notice Engines, Inc., apply at a later date for a be exposed in service; therefore, the
are the result of an Aircraft Certification supplemental type certificate to modify FAA hereby defines two acceptable
Service review of existing policy on any other model included on the same interim methods for complying with the
HIRF, in light of the ongoing work of the type certificate as the SMA Engines, requirement for protection of systems
Aviation Rulemaking Advisory Inc., modified Cessna Models 182Q and that perform critical functions.

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Federal Register / Vol. 71, No. 115 / Thursday, June 15, 2006 / Rules and Regulations 34519

(1) The applicant may demonstrate Issued in Kansas City, Missouri on June 7, per ton’’ column, in the entry for use of
that the operation and operational 2006. lasalocid at 30 to 600 grams per ton in
capability of the installed electrical and David R. Showers, combination with chlortetracycline at
electronic systems that perform critical Acting Manager, Small Airplane Directorate, 500 to 4000 grams per ton, by removing
functions are not adversely affected Aircraft Certification Service. the second paragraph designation
when the aircraft is exposed to the [FR Doc. E6–9241 Filed 6–14–06; 8:45 am] ‘‘(xxiii)’’ and by adding in its place the
external HIRF threat environment BILLING CODE 4910–13–P paragraph designation ‘‘(xxviii)’’.
defined in the following table: Dated: June 1, 2006.
Stephen F. Sundlof,
Field strength DEPARTMENT OF HEALTH AND
(volts per meter) Director, Center for Veterinary Medicine.
Frequency HUMAN SERVICES
[FR Doc. E6–9321 Filed 6–14–06; 8:45 am]
Peak Average
Food and Drug Administration BILLING CODE 4160–01–S

10 kHz–100 kHz ....... 50 50


100 kHz–500 kHz ..... 50 50 21 CFR Part 558
500 kHz–2 MHz ........ 50 50
2 MHz–30 MHz ......... 100 100 New Animal Drugs for Use in Animal DEPARTMENT OF STATE
30 MHz–70 MHz ....... 50 50 Feeds; Lasalocid; Correction
70 MHz–100 MHz ..... 50 50 22 CFR Parts 40, 41, and 42
100 MHz–200 MHz ... 100 100 AGENCY: Food and Drug Administration,
200 MHz–400 MHz ... 100 100 HHS. [Public Notice 5362]
400 MHz–700 MHz ... 700 50 Final rule; correcting
ACTION:
700 MHz–1 GHz ....... 700 100 amendments. Nomenclature Changes Reflecting
1 GHz–2 GHz ........... 2000 200 Creation of Department of Homeland
2 GHz–4 GHz ........... 3000 200 SUMMARY: The Food and Drug Security
4 GHz–6 GHz ........... 3000 200 Administration (FDA) is correcting a
6 GHz–8 GHz ........... 1000 200 document amending the animal drug AGENCY: State Department.
8 GHz–12 GHz ......... 3000 300 regulations to reflect approval of an ACTION: Final rule.
12 GHz–18 GHz ....... 2000 200
original new animal drug application
18 GHz–40 GHz ....... 600 200 SUMMARY: This rule makes technical
(NADA) that appeared in the Federal
nomenclature changes to Title 22 Code
The field strengths are expressed in terms Register of April 27, 2006 (71 FR
of peak root-mean-square (rms) values. of Federal Regulations (CFR) parts 40,
24814). FDA is correcting a paragraph
41, and 42 to properly reflect the
or, designation in the table for lasalocid
creation of the Department of Homeland
cattle feeds which was drafted in error.
(2) The applicant may demonstrate by Security (DHS) and its assumption of
This correction is being made to
a system test and analysis that the the functions of the former Immigration
improve the accuracy of the animal drug
electrical and electronic systems that and Naturalization Service (INS). This
regulations.
perform critical functions can withstand rule also reflects changes to form
DATES: This rule is effective June 15,
a minimum threat of 100 volts per meter numbers on various visa-related forms.
2006. Because the amendments are entirely
peak electrical strength, without the
benefit of airplane structural shielding, FOR FURTHER INFORMATION CONTACT: technical, the State Department is not
in the frequency range of 10 KHz to 18 George K. Haibel, Center for Veterinary providing an opportunity for public
GHz. When using this test to show Medicine (HFV–6), Food and Drug comment under the Administrative
compliance with the HIRF Administration, 7519 Standish Pl., Procedure Act ‘‘good cause’’ exemption.
requirements, no credit is given for Rockville, MD 20855, 240–276–9019, e- DATES: Effective Date: This rule is
signal attenuation due to installation. mail: george.haibel@fda.hhs.gov. effective June 15, 2006.
Data used for engine certification may SUPPLEMENTARY INFORMATION: For the Persons with access to the internet
be used, when appropriate, for airplane reasons set forth in the preamble, FDA may view this notice by going to the
certification. is correcting 21 CFR part 558 to read as regulations.gov Web site at: http://
2. Electronic Engine Control System. follows: www.regulations.gov/index.cfm.
The installation of the electronic engine List of Subjects in 21 CFR Part 558 FOR FURTHER INFORMATION CONTACT:
control system must comply with the Barbara J. Kennedy, Legislation and
Animal drugs, Animal feeds.
requirements of § 23.1309(a) through (e) Regulations Division, Visa Services,
■ Therefore, under the Federal Food,
at Amendment 23–49. The intent of this U.S. Department of State, 2401 E Street,
requirement is not to re-evaluate the Drug, and Cosmetic Act and under NW., Room L–603, Washington, DC
inherent hardware reliability of the authority delegated to the Commissioner 20520–0106; telephone 202–663–1206
control itself, but rather determine the of Food and Drugs and redelegated to or e-mail KennedyBJ@state.gov.
effects, including environmental effects the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows: SUPPLEMENTARY INFORMATION:
addressed in § 23.1309(e), on the
airplane systems and engine control Why is the Department Promulgating
PART 558—NEW ANIMAL DRUGS FOR
system when installing the control on This Rule?
USE IN ANIMAL FEEDS
the airplane. When appropriate, engine On March 1, 2003, the INS’s functions
certification data may be used when ■ 1. The authority citation for 21 CFR were transferred to the newly created
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showing compliance with this part 558 continues to read as follows: Department of Homeland Security
requirement. Authority: 21 U.S.C. 360b, 371. (DHS). The reorganization was required
With respect to compliance with by the Homeland Security Act of 2002,
§ 23.1309(e), the levels required for § 558.311 [Amended] Public Law No. 107–296 section 1502.
compliance shall be at the levels for ■ 2. Section 558.311 is corrected in the This final rule includes the changes that
catastrophic failure conditions. table in the ‘‘Lasalocid sodium in grams reflect the transfer.

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