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69572 Federal Register / Vol. 72, No.

236 / Monday, December 10, 2007 / Rules and Regulations

that chitosan could be used as an consultation with EPA, has determined Archives and records, Imports, Labeling,
adjuvant and that adjuvants are that chitosan, when used as an Organically produced products, Plants,
considered inert ingredients under the ‘‘adjuvant’’ (not demonstrating any Reporting and recordkeeping
EPA. However, in cases where chitosan pesticidal activity), is already allowed requirements, Seals and insignia, Soil
would be combined with a fungicide, under the existing inert ingredient conservation.
chitosan could not be considered an provisions of § 205.601(m) of the NOP ■ For the reasons set forth in the
inert ingredient or adjuvant, because regulations. However, chitosan, when preamble, 7 CFR part 205, subpart G is
chitosan has active fungicidal properties used in combination with a fungicide, amended as follows:
and is labeled for use against fungal cannot be considered an inert or
diseases such as blight. The EPA also adjuvant, because chitosan has PART 205—NATIONAL ORGANIC
commented that for chitosan to be fungicidal properties and is considered PROGRAM
considered an inert or adjuvant in a an active ingredient in such cases.
formulation, it could not exhibit Accordingly, unless specifically added ■ 1. The authority citation for 7 CFR
pesticidal activity. In that regard, the to § 205.601 of the National List as an part 205 continues to read as follows:
EPA determined that it could not verify active ingredient, chitosan cannot be Authority: 7 U.S.C. 6501–6522.
that chitosan does not have any used with a fungicide.
Therefore, AMS has decided to refer ■ 2. Section 205.601 is amended by
fungicidal activity for the intended use
the chitosan recommendation back to adding new paragraph (e)(9) to read as
and at the proposed levels mentioned in
the NOSB so that it can reconsider the follows:
the petition; data does not support its
non-fungicidal activity in such a use. intended use of the substance and its § 205.601 Synthetic substances allowed
In addition to the concerns raised inclusion on the National List (i.e., for use in organic crop production.
about chitosan’s use as an adjuvant in should it be considered a plant disease * * * * *
combination with another fungicide, the control; and should it be included on (e) * * *
issue of whether chitosan should be the National List as an approved active (9) Sucrose octanoate esters (CAS #s—
considered an insecticide (as ingredient?). In the meantime, chitosan, 42922–74–7; 58064–47–4)—in
recommended by the NOSB) or a plant under the inert ingredient provisions of accordance with approved labeling.
disease control was mentioned. The § 205.601(m) of the NOP regulations,
* * * * *
EPA informed the NOP that data does can be used as an ‘‘adjuvant’’ (not
not reveal chitosan having insecticidal demonstrating any pesticidal activity) in ■ 3. Section 205.603 is amended by
properties. Instead, chitosan is combination with approved active adding new paragraph (b)(7) to read as
considered more of a systemic acquired ingredients on the National List, follows:
response inducer and demonstrates provided the approved active ingredient § 205.603 Synthetic substances allowed
fungicidal activity. As a result, for the is not a registered fungicide. Chitosan, for use in organic livestock production.
purpose of the NOP regulations, when used in combination with a * * * * *
chitosan would be better characterized fungicide, is an active ingredient and (b) * * *
as a plant disease control. remains a prohibited substance that (7) Sucrose octanoate esters (CAS #s—
Based on the information submitted shall not be used in organic agriculture. 42922–74–7; 58064–47–4)—in
through public comment and gathered Further, chitosan remains prohibited for accordance with approved labeling.
in further consultation with the EPA, we use as a plant defense booster, a plant
have determined that chitosan, when growth enhancer, and as an active * * * * *
used in combination with another ingredient in any other capacity. If Dated: December 5, 2007.
fungicide, cannot be considered an inert readers have questions concerning when Lloyd C. Day,
or adjuvant. It is considered an active a substance qualifies to be an active or Administrator, Agricultural Marketing
ingredient in such cases. However, in inert ingredient, they should contact the Service.
cases where chitosan is used in EPA for further information and [FR Doc. E7–23880 Filed 12–7–07; 8:45 am]
combination with an approved active guidance. BILLING CODE 3410–02–P
ingredient on the National List and does
not demonstrate any pesticidal/ F. Effective Date
fungicidal activity, it could be This final rule reflects
DEPARTMENT OF TRANSPORTATION
considered an inert ingredient or recommendations submitted to the
adjuvant. Secretary by the NOSB. The substance Federal Aviation Administration
The preceding chitosan discussion is being added to the National List was
summarized as follows: based on a petition from the industry 14 CFR Part 23
Chitosan was petitioned for use in and evaluated by the NOSB using
organic crop production as an adhesive criteria in the Act and the regulations. [Docket No. CE277, Special Condition 23–
‘‘adjuvant’’ to be used with fungicides 217–SC]
Because this substance is crucial to
approved for use under the NOP organic crop and livestock production
regulations. The NOSB recommended Special Conditions; Honda Aircraft
operations, producers should be able to Company Model HA–420 Hondajet;
adding chitosan to the National List for use them in their operations as soon as
use in organic crop production as an Protection of Systems for High
possible. Accordingly, AMS finds that Intensity Radiated Fields (HIRF)
‘‘insecticide,’’ with the restriction that it good cause exists under 5 U.S.C.
only be used as an ‘‘adjuvant.’’ The EPA 553(d)(3) for not postponing the AGENCY: Federal Aviation
informed the NOP that data does not effective date of this rule until 30 days Administration (FAA), DOT.
reveal chitosan having insecticidal after publication in the Federal
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ACTION: Final special conditions; request


properties. Because the NOSB Register. for comments.
recommended the use of chitosan as an
adjuvant, the recommendation restricts List of Subjects in 7 CFR Part 205 SUMMARY: These special conditions are
the use of the substance to the capacity Administrative practice and issued to Honda Aircraft Company, for
of an inert ingredient. AMS, in procedure, Agriculture, Animals, a Type Certificate for the HA–420

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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations 69573

Hondajet airplane. This airplane will for comments will be considered by the accordance with § 11.38 after public
have novel and unusual design features Administrator. The special conditions notice and become part of the type
when compared to the state of may be changed in light of the certification basis in accordance with
technology envisaged in the applicable comments received. All comments § 21.17(a)(2).
airworthiness standards. These novel received will be available in the Rules Special conditions are initially
and unusual design features include the Docket for examination by interested applicable to the model for which they
installation of electronic flight persons, both before and after the are issued. Should the applicant apply
instrument system (EFIS) displays closing date for comments. A report for a supplemental type certificate to
Model G1000 manufactured by Garmin summarizing each substantive public modify any other model already
for which the applicable regulations do contact with FAA personnel concerning included on the same type certificate to
not contain adequate or appropriate this rulemaking will be filed in the incorporate the same novel or unusual
airworthiness standards for the docket. Commenters wishing the FAA to design feature, the special conditions
protection of these systems from the acknowledge receipt of their comments would also apply to the other model
effects of high intensity radiated fields submitted in response to this notice under the provisions of § 21.101.
(HIRF). These special conditions must include a self-addressed, stamped Novel or Unusual Design Features
contain the additional safety standards postcard on which the following
that the Administrator considers statement is made: ‘‘Comments to Honda Aircraft Company plans to
necessary to establish a level of safety Docket No. CE277.’’ The postcard will incorporate certain novel and unusual
equivalent to the airworthiness be date stamped and returned to the design features into an airplane for
standards applicable to these airplanes. commenter. which the airworthiness standards do
not contain adequate or appropriate
DATES: The effective date of these
Background safety standards for protection from the
special conditions is November 30,
On November 11, 2006, Honda effects of HIRF. These features include
2007. Comments must be received on or
Aircraft Company, made an application EFIS, which are susceptible to the HIRF
before January 9, 2008.
to the FAA for a new Type Certificate environment, that were not envisaged
ADDRESSES: Comments may be mailed by the existing regulations for this type
in duplicate to: Federal Aviation for the project airplane. The proposed
aircraft incorporates a novel or unusual of airplane.
Administration, Regional Counsel, Protection of Systems from High
ACE–7, Attention: Rules Docket Clerk, design feature, such as digital avionics
consisting of an EFIS that is vulnerable Intensity Radiated Fields (HIRF): Recent
Docket No. CE277, Room 506, 901 advances in technology have given rise
Locust, Kansas City, Missouri 64106. All to HIRF external to the airplane.
to the application in aircraft designs of
comments must be marked: Docket No. Type Certification Basis advanced electrical and electronic
CE277. Comments may be inspected in Under the provisions of 14 CFR part systems that perform functions required
the Rules Docket weekdays, except 21, § 21.17, Honda Aircraft Company for continued safe flight and landing.
Federal holidays, between 7:30 a.m. and must show that the project aircraft Due to the use of sensitive solid state
4 p.m. meets the following provisions, or the advanced components in analog and
FOR FURTHER INFORMATION CONTACT: Jim applicable regulations in effect on the digital electronics circuits, these
Brady, Aerospace Engineer, Standards date of application for the change to the advanced systems are readily responsive
Office (ACE–111), Small Airplane project: 14 CFR part 23 and FAR part 23, to the transient effects of induced
Directorate, Aircraft Certification effective February 1, 1965, as amended electrical current and voltage caused by
Service, Federal Aviation by Amendments 23–1, dated July 29, the HIRF. The HIRF can degrade
Administration, 901 Locust, Room 301, 1965, through Amendment 23–55, dated electronic systems performance by
Kansas City, Missouri 64106; telephone March 1, 2002. damaging components or upsetting
(816) 329–4132. Environmental Standards: FAR part system functions.
SUPPLEMENTARY INFORMATION: The FAA 36, effective March 11, 1994, as Furthermore, the HIRF environment
has determined that notice and amended by Amendment 36–1, dated has undergone a transformation that was
opportunity for prior public comment December 1, 1969 through Amendment not foreseen when the current
hereon are impracticable because these 36–27, dated September 6, 2005 FAR requirements were developed. Higher
procedures would significantly delay part 34, effective September 10, 1990, as energy levels are radiated from
issuance of the approval design and amended by Amendment 34–1, dated transmitters that are used for radar,
thus delivery of the affected aircraft. In July 31, 1995 through Amendment 34– radio, and television. Also, the number
addition, the substance of these special 3, dated February 3, 1999 as applicable, of transmitters has increased
conditions has been subject to the and § 23.1301 of Amendment 23–20; significantly. There is also uncertainty
public comment process in several prior §§ 23.1309, 23.1311, and 23.1321 of concerning the effectiveness of airframe
instances with no substantive comments Amendment 23–49; and § 23.1322 of shielding for HIRF. Furthermore,
received. The FAA, therefore, finds that Amendment 23–43; exemptions, if any; coupling to cockpit-installed equipment
good cause exists for making these and the special conditions adopted by through the cockpit window apertures is
special conditions effective upon this rulemaking action. undefined.
issuance. The combined effect of the
Discussion technological advances in airplane
Comments Invited If the Administrator finds that the design and the changing environment
Interested persons are invited to applicable airworthiness standards do has resulted in an increased level of
submit such written data, views, or not contain adequate or appropriate vulnerability of electrical and electronic
arguments as they may desire. safety standards because of novel or systems required for the continued safe
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Communications should identify the unusual design features of an airplane, flight and landing of the airplane.
regulatory docket or notice number and special conditions are prescribed under Effective measures against the effects of
be submitted in duplicate to the address the provisions of § 21.16. exposure to HIRF must be provided by
specified above. All communications Special conditions, as appropriate, as the design and installation of these
received on or before the closing date defined in § 11.19, are issued in systems. The accepted maximum energy

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69574 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Rules and Regulations

levels in which civilian airplane system failure condition that would prevent the submitted in response to the prior
installations must be capable of continued safe flight and landing of the opportunities for comment described
operating safely are based on surveys airplane. The systems identified by the above.
and analysis of existing radio frequency hazard analysis that perform critical
List of Subjects in 14 CFR Part 23
emitters. These special conditions functions are candidates for the
require that the airplane be evaluated application of HIRF requirements. A Aircraft, Aviation safety, Signs and
under these energy levels for the system may perform both critical and symbols.
protection of the electronic system and non-critical functions. Primary
Citation
its associated wiring harness. These electronic flight display systems, and
external threat levels, which are lower their associated components, perform The authority citation for these
than previous required values, are critical functions such as attitude, special conditions is as follows:
believed to represent the worst case to altitude, and airspeed indication. The Authority: 49 U.S.C. 106(g), 40113 and
which an airplane would be exposed in HIRF requirements apply only to critical 44701; 14 CFR 21.16 and 21.17 and 14 CFR
the operating environment. functions. 11.38 and 11.19.
These special conditions require Compliance with HIRF requirements
qualification of systems that perform may be demonstrated by tests, analysis, The Special Conditions
critical functions, as installed in aircraft, models, similarity with existing Accordingly, pursuant to the
to the defined HIRF environment in systems, or any combination of these. authority delegated to me by the
paragraph 1 or, as an option to a fixed Service experience alone is not Administrator, the following special
value using laboratory tests, in acceptable since normal flight conditions are issued as part of the type
paragraph 2, as follows: operations may not include an exposure certification basis for Hondajet HA–420
(1) The applicant may demonstrate to the HIRF environment. Reliance on a manufactured by Honda Aircraft
that the operation and operational system with similar design features for Company.
capability of the installed electrical and redundancy as a means of protection 1. Protection of Electrical and
electronic systems that perform critical against the effects of external HIRF is Electronic Systems from High Intensity
functions are not adversely affected generally insufficient since all elements Radiated Fields (HIRF). Each system
when the aircraft is exposed to the HIRF of a redundant system are likely to be that performs critical functions must be
environment defined below: exposed to the fields concurrently. designed and installed to ensure that the
Applicability operations, and operational capabilities
Field strength of these systems to perform critical
(volts per meter) As discussed above, these special
Frequency functions, are not adversely affected
conditions are applicable to the when the airplane is exposed to high
Peak Average
Hondajet HA–420 project. Should intensity radiated electromagnetic fields
10 kHz–100 kHz ........... 50 50 Honda Aircraft Company apply at a later external to the airplane.
100 kHz–500 kHz ......... 50 50 date for a supplemental type certificate 2. For the purpose of these special
500 kHz–2 MHz ............ 50 50 to modify any other model on the same conditions, the following definition
2 MHz–30 MHz ............. 100 100 type certificate to incorporate the same
30 MHz–70 MHz ........... 50 50 applies: Critical Functions: Functions
novel or unusual design feature, the whose failure would contribute to, or
70 MHz–100 MHz ......... 50 50
special conditions would apply to that cause, a failure condition that would
100 MHz–200 MHz ....... 100 100
200 MHz–400 MHz ....... 100 100 model as well under the provisions of prevent the continued safe flight and
400 MHz–700 MHz ....... 700 50 § 21.101. landing of the airplane.
700 MHz–1 GHz ........... 700 100 Conclusion
1 GHz–2 GHz ............... 2000 200 Issued in Kansas City, Missouri on
2 GHz–4 GHz ............... 3000 200 This action affects only certain novel November 30, 2007.
4 GHz–6 GHz ............... 3000 200 or unusual design features on one model Patrick R. Mullen,
6 GHz–8 GHz ............... 1000 200 of airplane. It is not a rule of general Acting Manager, Small Airplane Directorate,
8 GHz–12 GHz ............. 3000 300 applicability and affects only the Aircraft Certification Service.
12 GHz–18 GHz ........... 2000 200 [FR Doc. E7–23831 Filed 12–7–07; 8:45 am]
applicant who applied to the FAA for
18 GHz–40 GHz ........... 600 200
approval of these features on the BILLING CODE 4910–13–P
The field strengths are expressed in terms airplane.
of peak root-mean-square (rms) values. The substance of these special
or, conditions has been subjected to the DEPARTMENT OF TRANSPORTATION
(2) The applicant may demonstrate by notice and comment period in several
a system test and analysis that the prior instances and has been derived Federal Aviation Administration
electrical and electronic systems that without substantive change from those
perform critical functions can withstand previously issued. It is unlikely that 14 CFR Part 23
a minimum threat of 100 volts per prior public comment would result in a
meter, electrical field strength, from 10 significant change from the substance [Docket No. CE276, Special Condition 23–
kHz to 18 GHz. When using this test to contained herein. For this reason, and 216–SC]
show compliance with the HIRF because a delay would significantly
requirements, no credit is given for affect the certification of the airplane, Special Conditions; Pilatus Aircraft
signal attenuation due to installation. which is imminent, the FAA has Ltd.; Model PC–12/47E; Protection of
A preliminary hazard analysis must determined that prior public notice and Systems for High Intensity Radiated
be performed by the applicant, for comment are unnecessary and Fields (HIRF)
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approval by the FAA, to identify either impracticable, and good cause exists for AGENCY: Federal Aviation
electrical or electronic systems that adopting these special conditions upon Administration (FAA), DOT.
perform critical functions. The term issuance. The FAA is requesting
ACTION: Final special conditions; request
‘‘critical’’ means those functions, whose comments to allow interested persons to
for comments.
failure would contribute to, or cause, a submit views that may not have been

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