69572 A Federal Register Vol. 72, No. 236 Monday, Dec = 10, 2007

http://w= ww.smartpdf.com/register/2007/Dec/10/69572A.pdf.
Google=20 automatically generates html versions of documents as we crawl the=20 web.

Page 1

69572 =

Federal=20 Register/Vol. 72, No. 236/Monday, December 10, 2007/Rules and Regulations=20

that chitosan could be = used as an=20

adjuvant = and that=20 adjuvants are

considered inert=20 ingredients under the

EPA. = However, in=20 cases where chitosan=20

would be = combined=20 with a fungicide,

chitosan could not = be=20 considered an

inert = ingredient=20 or adjuvant, because

chitosan has = active=20 fungicidal properties

and is = labeled for=20 use against fungal

diseases = such as=20 blight. The EPA also

commented that for=20 chitosan to be=20

considered an=20 inert or adjuvant in a

formulation, it=20 could not exhibit

pesticidal=20 activity. In that regard, the

EPA = determined=20 that it could not verify

that chitosan does not = have any=20

fungicidal=20 activity for the intended use

and at = the=20 proposed levels mentioned in

the = petition; data=20 does not support its

non-fungicidal=20 activity in such a use.

In = addition to the=20 concerns raised

about chitosan=E2=80=99s = use as an=20 adjuvant in

combination with=20 another fungicide, the

issue of = whether=20 chitosan should = be=20

considered an=20 insecticide (as

recommended by the=20 NOSB) or a plant

disease = control=20 was mentioned. The

EPA = informed the=20 NOP that data does

not = reveal chitosan having = insecticidal=20

properties.=20 Instead, chitosan is=20

considered more of=20 a systemic acquired

response = inducer=20 and demonstrates

fungicidal=20 activity. As a result, for the

purpose = of the NOP=20 regulations,=20

chitosan would be = better=20 characterized

as a = plant disease=20 control.

Based on = the=20 information submitted

through = public=20 comment and gathered

in = further=20 consultation with the EPA, we

have = determined=20 that chitosan, = when=20

used in=20 combination with another

fungicide, cannot=20 be considered an inert

or = adjuvant. It is=20 considered an active

ingredient in such=20 cases. However, in

cases = where chitosan is used = in=20

combination with=20 an approved active

ingredient on the=20 National List and does

not = demonstrate=20 any pesticidal/

fungicidal=20 activity, it could be

considered an=20 inert ingredient or

adjuvant.=20

The = preceding chitosan = discussion is=20

summarized as=20 follows:

Chitosan was = petitioned for=20 use in

organic = crop=20 production as an adhesive

=E2=80=98=E2=80=98adjuvant=E2=80=99=E2=80=99 to=20 be used with fungicides

approved for use=20 under the NOP

regulations. The = NOSB=20 recommended

adding = chitosan to the = National=20 List for

use in = organic=20 crop production as an

=E2=80=98=E2=80=98insecticide,=E2=80=99=E2=80=99=20 with the restriction that it

only be = used as=20 an =E2=80=98=E2=80=98adjuvant.=E2=80=99=E2=80=99 The EPA

informed the NOP=20 that data does not

reveal = chitosan having = insecticidal=20

properties.=20 Because the NOSB

recommended the=20 use of chitosan = as an=20

adjuvant, the=20 recommendation restricts

the use = of the=20 substance to the capacity

of an = inert=20 ingredient. AMS, in

consultation with=20 EPA, has determined

that chitosan, when = used as an=20

=E2=80=98=E2=80=98adjuvant=E2=80=99=E2=80=99 (not=20 demonstrating any

pesticidal=20 activity), is already allowed

under = the=20 existing inert ingredient

provisions of =C2=A7=20 205.601(m) of the NOP

regulations. = However, chitosan, when =

used in = combination with a fungicide,

cannot = be=20 considered an inert or

adjuvant, because=20 chitosan has=20

fungicidal=20 properties and is considered

an = active=20 ingredient in such cases.

Accordingly,=20 unless specifically added

to = =C2=A7 205.601 of=20 the National List as an

active=20 ingredient, chitosan=20 cannot be

used = with a=20 fungicide.

Therefore, AMS=20 has decided to refer

the chitosan = recommendation back=20 to

the = NOSB so that=20 it can reconsider the

intended use of=20 the substance and its

inclusion on the=20 National List (i.e.,

should = it be=20 considered a plant disease

control; and=20 should it be included on

the = National List=20 as an approved active

ingredient?). In=20 the meantime, chitosan,=20

under = the inert=20 ingredient provisions of

=C2=A7 = 205.601(m) of=20 the NOP regulations,=20

can be = used as an=20 =E2=80=98=E2=80=98adjuvant=E2=80=99=E2=80=99 (not

demonstrating any=20 pesticidal activity) in

combination with=20 approved active

ingredients on=20 the National List,

provided the=20 approved active ingredient

is not = a=20 registered fungicide. Chitosan, =

when = used in=20 combination with a

fungicide, is an=20 active ingredient and

remains = a=20 prohibited substance that

shall = not be used=20 in organic agriculture.

Further, chitosan remains = prohibited=20 for

use as = a plant=20 defense booster, a plant

growth = enhancer,=20 and as an active

ingredient in any=20 other capacity. If

readers = have=20 questions concerning when

a = substance=20 qualifies to be an active or

inert = ingredient,=20 they should contact the

EPA for = further=20 information and

guidance.=20

F. = Effective=20 Date

This = final rule=20 reflects

recommendations=20 submitted to the

Secretary by the=20 NOSB. The substance

being = added to=20 the National List was

based = on a=20 petition from the industry

and = evaluated by=20 the NOSB using

criteria in the=20 Act and the regulations.=20

Because this=20 substance is crucial to

organic crop and=20 livestock production

operations,=20 producers should be able to

use = them in=20 their operations as soon as

possible.=20 Accordingly, AMS finds that

good = cause=20 exists under 5 U.S.C.

553(d)(3) for=20 not postponing the

effective date=20 of this rule until 30 days

after=20 publication in the Federal

Register.=20

List of=20 Subjects in 7 CFR Part 205

Administrative=20 practice and

procedure,=20 Agriculture, Animals,

Archives and=20 records, Imports, Labeling,

Organically=20 produced products, Plants,

Reporting and=20 recordkeeping

requirements,=20 Seals and insignia, Soil

conservation.=20

For the = reasons=20 set forth in the

preamble, 7 CFR=20 part 205, subpart G is

amended = as=20 follows:

PART = 205=E2=80=94NATIONAL ORGANIC

PROGRAM=20

1. The = authority=20 citation for 7 CFR

part = 205=20 continues to read as follows:

Authority:=20 7 U.S.C. 6501=E2=80=936522.

2. = Section=20 205.601 is amended by

adding = new=20 paragraph (e)(9) to read as

follows:=20

=C2=A7205.601=20 Synthetic substances allowed

for = use in=20 organic crop production.

* =

(e) * * = *=20

(9) = Sucrose=20 octanoate esters (CAS #s=E2=80=94

42922=E2=80=9374=E2=80=937;=20 58064=E2=80=9347=E2=80=934)=E2=80=94in

accordance with=20 approved labeling.

* =

*=20

3. = Section=20 205.603 is amended by

adding = new=20 paragraph (b)(7) to read as

follows:=20

=C2=A7205.603=20 Synthetic substances allowed

for = use in=20 organic livestock production.

* =

(b) * * = *=20

(7) = Sucrose=20 octanoate esters (CAS #s=E2=80=94

42922=E2=80=9374=E2=80=937;=20 58064=E2=80=9347=E2=80=934)=E2=80=94in

accordance with=20 approved labeling.

* =

*=20

Dated: = December=20 5, 2007.

Lloyd C. Day,=20

Administrator,=20 Agricultural Marketing

Service.=20

[FR = Doc. E7=E2=80=9323880=20 Filed 12=E2=80=937=E2=80=9307; 8:45 am]

BILLING CODE=20 3410=E2=80=9302=E2=80=93P

DEPARTMENT OF=20 TRANSPORTATION

Federal=20 Aviation Administration

14 = CFR Part=20 23

[Docket No.=20 CE277, Special Condition 23=E2=80=93

217=E2=80=93SC]=20

Special=20 Conditions; Honda Aircraft

Company Model=20 HA=E2=80=93420 Hondajet;

Protection of=20 Systems for High

Intensity=20 Radiated Fields (HIRF)

AGENCY

: = Federal=20 Aviation

Administration=20 (FAA), DOT.

ACTION

: = Final=20 special conditions; request

for = comments.=20

SUMMARY

: = These=20 special conditions are

issued = to Honda=20 Aircraft Company, for

a Type = Certificate for the HA=E2=80=93420

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Hondajet=20 airplane. This airplane will

have = novel and=20 unusual design features

when = compared to=20 the state of

technology=20 envisaged in the applicable

airworthiness=20 standards. These novel

and = unusual=20 design features include the

installation of=20 electronic flight

instrument system=20 (EFIS) displays

Model = G1000=20 manufactured by Garmin

for = which the=20 applicable regulations do=20

not = contain=20 adequate or appropriate

airworthiness=20 standards for the

protection of=20 these systems from the

effects = of high=20 intensity radiated fields

(HIRF). = These=20 special conditions

contain = the=20 additional safety standards

that = the=20 Administrator considers

necessary to=20 establish a level of safety

equivalent to the=20 airworthiness

standards=20 applicable to these airplanes.

DATES

: = The=20 effective date of these

special = conditions is November 30,

2007. = Comments=20 must be received on or

before = January 9,=20 2008.

ADDRESSES

:=20 Comments may be mailed

in = duplicate to:=20 Federal Aviation

Administration,=20 Regional Counsel,

ACE=E2=80=937, Attention:=20 Rules Docket = Clerk,=20

Docket = No. CE277,=20 Room 506, 901

Locust, = Kansas=20 City, Missouri 64106. All

comments must be=20 marked: Docket No.

CE277. = Comments=20 may be inspected in

the Rules Docket = weekdays,=20 except

Federal = holidays,=20 between 7:30 a.m. and

4 p.m.=20

FOR = FURTHER=20 INFORMATION CONTACT

: = Jim=20

Brady, = Aerospace=20 Engineer, Standards

Office = (ACE=E2=80=93111),=20 Small Airplane

Directorate,=20 Aircraft Certification

Service, Federal=20 Aviation

Administration,=20 901 Locust, Room 301,

Kansas = City,=20 Missouri 64106; telephone

(816) = 329=E2=80=934132.=20

SUPPLEMENTARY=20 INFORMATION

: = The FAA=20

has = determined=20 that notice and

opportunity for=20 prior public comment

hereon = are=20 impracticable because these

procedures would=20 significantly delay

issuance of the=20 approval design and

thus = delivery of=20 the affected aircraft. In

addition, the=20 substance of these special

conditions has=20 been subject to the

public = comment=20 process in several prior

instances with no=20 substantive comments

received. The=20 FAA, therefore, finds that

good = cause exists=20 for making these

special = conditions effective upon

issuance.=20

Comments=20 Invited

Interested=20 persons are invited to

submit = such=20 written data, views, or

arguments as they=20 may desire.

Communications=20 should identify the

regulatory docket=20 or notice number and

be = submitted in=20 duplicate to the address

specified above.=20 All communications

received on or=20 before the closing date

for = comments=20 will be considered by the

Administrator.=20 The special conditions

may be = changed=20 in light of the

comments=20 received. All comments

received will be=20 available in the Rules=20

Docket = for=20 examination by interested

persons, both=20 before and after the

closing date for=20 comments. A report

summarizing each=20 substantive public

contact with FAA=20 personnel concerning

this = rulemaking=20 will be filed in the

docket.=20 Commenters wishing the FAA to

acknowledge=20 receipt of their comments

submitted in=20 response to this notice

must = include a=20 self-addressed, stamped

postcard on=20 which the following

statement is=20 made: =E2=80=98=E2=80=98Comments to

Docket = No.=20 CE277.=E2=80=99=E2=80=99 The postcard will

be = date stamped=20 and returned to the

commenter.=20

Background=20

On = November 11,=20 2006, Honda

Aircraft=20 Company, made an application

to the = FAA for a=20 new Type Certificate

for = the project=20 airplane. The proposed

aircraft=20 incorporates a novel or unusual

design = feature,=20 such as digital avionics

consisting of an=20 EFIS that is vulnerable

to = HIRF external=20 to the airplane.

Type=20 Certification Basis

Under = the=20 provisions of 14 CFR part

21, = =C2=A7 21.17,=20 Honda Aircraft Company

must = show that=20 the project aircraft

meets = the=20 following provisions, or the

applicable regulations in = effect on the=20

date = of=20 application for the change to the

project: 14 CFR=20 part 23 and FAR part 23,

effective=20 February 1, 1965, as amended

by = Amendments=20 23=E2=80=931, dated July 29,

1965, = through=20 Amendment 23=E2=80=9355, dated

March = 1, 2002.=20

Environmental=20 Standards: FAR part

36, = effective=20 March 11, 1994, as

amended by=20 Amendment 36=E2=80=931, dated

December 1, 1969=20 through Amendment

36=E2=80=9327, dated=20 September 6, 2005 FAR

part = 34,=20 effective September 10, 1990, as

amended by=20 Amendment 34=E2=80=931, dated

July = 31, 1995=20 through Amendment 34=E2=80=93

3, = dated=20 February 3, 1999 as applicable,

and = =C2=A7 23.1301 of=20 Amendment 23=E2=80=9320;

=C2=A7=C2=A7 23.1309,=20 23.1311, and 23.1321 of

Amendment 23=E2=80=9349;=20 and =C2=A7 23.1322 of

Amendment 23=E2=80=9343;=20 exemptions, if any;

and = the special=20 conditions adopted by

this = rulemaking=20 action.

Discussion=20

If the = Administrator finds that the

applicable=20 airworthiness standards do

not = contain=20 adequate or appropriate

safety = standards=20 because of novel or

unusual design=20 features of an airplane,

special=20 conditions are prescribed under

the = provisions=20 of =C2=A7 21.16.

Special=20 conditions, as appropriate, as

defined in =C2=A7=20 11.19, are issued in

accordance with=20 =C2=A7 11.38 after public

notice = and=20 become part of the type

certification=20 basis in accordance with

=C2=A7 = 21.17(a)(2).=20

Special=20 conditions are initially

applicable to=20 the model for which they

are = issued.=20 Should the applicant apply

for a=20 supplemental type certificate to

modify = any other=20 model already

included on the=20 same type certificate to

incorporate the=20 same novel or unusual

design = feature,=20 the special conditions

would = also apply=20 to the other model

under = the=20 provisions of =C2=A7 21.101.

Novel or=20 Unusual Design Features

Honda = Aircraft=20 Company plans to

incorporate=20 certain novel and unusual

design = features=20 into an airplane for

which = the=20 airworthiness standards do

not = contain=20 adequate or appropriate

safety = standards=20 for protection from the

effects of HIRF.=20 These features include

EFIS, = which are=20 susceptible to the HIRF

environment,=20 that were not envisaged

by the = existing=20 regulations for = this type=20

of = airplane.=20

Protection of=20 Systems from High

Intensity=20 Radiated Fields (HIRF): Recent

advances in=20 technology have given rise

to the = application in aircraft designs of

advanced=20 electrical and electronic

systems that=20 perform functions required

for = continued=20 safe flight and landing.

Due to = the use=20 of sensitive solid state

advanced=20 components in analog and

digital=20 electronics circuits, these

advanced systems=20 are readily responsive

to the = transient=20 effects of induced

electrical=20 current and voltage caused by

the = HIRF. The=20 HIRF can degrade

electronic=20 systems performance by

damaging=20 components or upsetting

system = functions.

Furthermore, the=20 HIRF environment

has = undergone a=20 transformation that was

not = foreseen=20 when the current

requirements=20 were developed. Higher

energy = levels=20 are radiated from

transmitters=20 that are used for radar,

radio, = and=20 television. Also, the number

of = transmitters=20 has increased

significantly.=20 There is also uncertainty

concerning the=20 effectiveness of airframe

shielding for=20 HIRF. Furthermore,

coupling to=20 cockpit-installed equipment

through the=20 cockpit window apertures is

undefined.=20

The = combined=20 effect of the

technological=20 advances in airplane

design = and the=20 changing environment

has = resulted in=20 an increased level of

vulnerability of=20 electrical and electronic

systems required=20 for the continued safe

flight = and=20 landing of the airplane.

Effective=20 measures against the effects of

exposure to HIRF=20 must be provided by

the = design and=20 installation of these

systems. The=20 accepted maximum energy

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levels = in which=20 civilian airplane system

installations=20 must be capable of

operating safely=20 are based on surveys

and = analysis of=20 existing radio frequency

emitters. These=20 special conditions

require = that the=20 airplane be evaluated

under = these=20 energy levels for the

protection of the=20 electronic system and

its = associated=20 wiring harness. These

external threat=20 levels, which are lower

than = previous=20 required values, are

believed to=20 represent the worst case to

which = an airplane=20 would be exposed in

the = operating=20 environment.

These = special=20 conditions require

qualification of=20 systems that perform

critical=20 functions, as installed in aircraft,

to the = defined=20 HIRF environment in

paragraph 1 or,=20 as an option to a fixed

value = using=20 laboratory tests, in

paragraph 2, as=20 follows:

(1) The = applicant=20 may demonstrate

that = the=20 operation and operational

capability of the=20 installed electrical and

electronic=20 systems that perform critical

functions are not=20 adversely affected

when = the aircraft=20 is exposed to the HIRF

environment=20 defined below:

Frequency=20

Field = strength=20

(volts = per=20 meter)

Peak=20

Average=20

10 = kHz=E2=80=93100 kHz=20 ...........

50 =

100 = kHz=E2=80=93500 kHz=20 .........

50 =

500 = kHz=E2=80=932 MHz=20 ............

50 =

2 = MHz=E2=80=9330 MHz=20 .............

100=20

30 = MHz=E2=80=9370 MHz=20 ...........

50 =

70 = MHz=E2=80=93100 MHz=20 .........

50 =

100 = MHz=E2=80=93200 MHz=20 .......

100=20

200 = MHz=E2=80=93400 MHz=20 .......

100=20

400 = MHz=E2=80=93700 MHz=20 .......

700=20

50 =

700 = MHz=E2=80=931 GHz=20 ...........

700=20

100=20

1 = GHz=E2=80=932 GHz=20 ...............

2000=20

200=20

2 = GHz=E2=80=934 GHz=20 ...............

3000=20

200=20

4 = GHz=E2=80=936 GHz=20 ...............

3000=20

200=20

6 = GHz=E2=80=938 GHz=20 ...............

1000=20

200=20

8 = GHz=E2=80=9312 GHz=20 .............

3000=20

300=20

12 = GHz=E2=80=9318 GHz=20 ...........

2000=20

200=20

18 = GHz=E2=80=9340 GHz=20 ...........

600=20

200=20

The = field=20 strengths are expressed in terms

of peak = root-mean-square (rms) values.

or, =

(2) The = applicant=20 may demonstrate by

a = system test and=20 analysis that the

electrical and=20 electronic systems that

perform = critical=20 functions can withstand

a = minimum threat=20 of 100 volts per

meter, = electrical=20 field strength, from 10

kHz to = 18 GHz.=20 When using this test to

show = compliance=20 with the HIRF

requirements, no=20 credit is given for

signal=20 attenuation due to installation.

A = preliminary=20 hazard analysis must

be = performed by=20 the applicant, for

approval by the=20 FAA, to identify either

electrical or=20 electronic systems that

perform = critical=20 functions. The term

=E2=80=98=E2=80=98critical=E2=80=99=E2=80=99=20 means those functions, whose

failure = would=20 contribute to, or cause, a

failure=20 condition that would prevent the

continued safe=20 flight and landing of the

airplane. The=20 systems identified by the

hazard = analysis=20 that perform critical

functions are=20 candidates for the

application of=20 HIRF requirements. A

system = may=20 perform both critical and

non-critical=20 functions. Primary

electronic=20 flight display systems, and

their = associated=20 components, perform

critical=20 functions such as attitude,

altitude, and=20 airspeed indication. The

HIRF=20 requirements apply only to critical

functions.=20

Compliance with=20 HIRF requirements

may be = demonstrated by tests, analysis,

models,=20 similarity with existing

systems, or any=20 combination of these.

Service=20 experience alone is not

acceptable since=20 normal flight

operations may=20 not include an exposure

to the = HIRF=20 environment. Reliance on a

system = with=20 similar design features for

redundancy as a=20 means of protection

against the=20 effects of external HIRF is

generally=20 insufficient since all elements

of a = redundant=20 system are likely to be

exposed to the=20 fields concurrently.

Applicability=20

As = discussed=20 above, these special

conditions are=20 applicable to the

Hondajet HA=E2=80=93420=20 project. Should

Honda = Aircraft=20 Company apply at a later

date = for a=20 supplemental type certificate

to = modify any=20 other model on the same

type = certificate=20 to incorporate the same

novel = or unusual=20 design feature, the

special=20 conditions would apply to that

model = as well=20 under the provisions of

=C2=A7 = 21.101.=20

Conclusion=20

This = action=20 affects only certain novel

or = unusual=20 design features on one model

of = airplane. It=20 is not a rule of general

applicability=20 and affects only the

applicant who=20 applied to the FAA for

approval of=20 these features on the

airplane.=20

The = substance of=20 these special

conditions has=20 been subjected to the

notice = and=20 comment period in several

prior = instances=20 and has been derived

without=20 substantive change from those

previously=20 issued. It is unlikely that

prior = public=20 comment would result in a

significant=20 change from the substance

contained=20 herein. For this reason, and

because a delay=20 would significantly

affect = the=20 certification of the airplane,

which = is=20 imminent, the FAA has

determined that=20 prior public notice and

comment are=20 unnecessary and

impracticable,=20 and good cause exists for

adopting these=20 special conditions upon

issuance. The=20 FAA is requesting

comments to=20 allow interested persons to

submit = views=20 that may not have been

submitted in=20 response to the prior

opportunities=20 for comment described

above. =

List of=20 Subjects in 14 CFR Part 23

Aircraft,=20 Aviation safety, Signs and

symbols.=20

Citation=20

The = authority=20 citation for these

special=20 conditions is as follows:

Authority:=20 49 U.S.C. 106(g), 40113 and

44701; = 14 CFR=20 21.16 and 21.17 and 14 CFR

11.38 = and 11.19.=20

The = Special=20 Conditions

Accordingly,=20 pursuant to the

authority=20 delegated to me by the

Administrator,=20 the following special

conditions are=20 issued as part of the type

certification=20 basis for Hondajet HA=E2=80=93420

manufactured by=20 Honda Aircraft

Company.=20

1. = Protection of=20 Electrical and

Electronic=20 Systems from High Intensity

Radiated Fields=20 (HIRF). Each system

that = performs=20 critical functions must be

designed and=20 installed to ensure that the

operations, and=20 operational capabilities

of = these systems=20 to perform critical

functions, are=20 not adversely affected

when = the=20 airplane is exposed to high

intensity=20 radiated electromagnetic fields

external to the=20 airplane.

2. For = the=20 purpose of these special

conditions, the=20 following definition

applies:=20 Critical Functions: Functions

whose = failure=20 would contribute to, or

cause, = a failure=20 condition that would

prevent the=20 continued safe flight and

landing of the=20 airplane.

Issued = in Kansas=20 City, Missouri on

November 30,=20 2007.

Patrick R.=20 Mullen,

Acting=20 Manager, Small Airplane Directorate,

Aircraft=20 Certification Service.

[FR = Doc.=20 E7=E2=80=9323831 Filed 12=E2=80=937=E2=80=9307; 8:45 am] =

BILLING CODE=20 4910=E2=80=9313=E2=80=93P

DEPARTMENT OF=20 TRANSPORTATION

Federal=20 Aviation Administration

14 = CFR Part=20 23

[Docket No.=20 CE276, Special Condition 23=E2=80=93

216=E2=80=93SC]=20

Special=20 Conditions; Pilatus Aircraft

Ltd.; Model=20 PC=E2=80=9312/47E; Protection of

Systems for=20 High Intensity Radiated

Fields (HIRF)=20

AGENCY

: = Federal=20 Aviation

Administration=20 (FAA), DOT.

ACTION

: = Final=20 special conditions; request

for = comments.=20

VerDate = Aug<31>2005

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