[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]
[Page 59989-59997]
[DOCID:fr29se10-10]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Roy E. Wright, Deputy Director, Risk
Analysis Division, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Federal Insurance and
Mitigation Administrator has resolved any appeals resulting from this
notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                     in meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                 Angelina County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-1050
----------------------------------------------------------------------------------------------------------------
Biloxi Creek North Tributary...........  Approximately 0.6 mile                  +306  City of Lufkin.
                                          downstream of State Loop
                                          287.
                                         Just upstream of Loop 287               +329
Cedar Creek............................  Just downstream of Lotus                +278  City of Lufkin.
                                          Lane.
                                         Just upstream of State                  +299
                                          Highway 339.
Cedar Creek North Tributary............  Just upstream of Lotus                  +280  City of Lufkin.
                                          Lane.
                                         Approximately 1,070 feet                +286
                                          upstream of Texas
                                          Southeastern Railroad.
Cedar Creek South Tributary............  At the confluence with                  +253  City of Lufkin.
                                          Cedar Creek.
                                         Approximately 1,300 feet                +287
                                          upstream of Berry Road.
Cedar Creek Tributary 3................  At the confluence with                  +239  City of Lufkin.
                                          Cedar Creek.
                                         Just upstream of Live Oak               +266
                                          Lane.
East Fork of West Branch Mill Creek....  At the confluence with                  +279  City of Lufkin.
                                          Tributary to Mill Creek
                                          Tributary.
                                         Just downstream of U.S.                 +300
                                          Route 69.
Hurricane Creek........................  Approximately 0.7 mile                  +232  City of Lufkin.
                                          downstream of College
                                          Drive.
                                         Just downstream of the                  +280
                                          intersection of Conn
                                          Avenue and Chestnut
                                          Street.
Hurricane Creek East Tributary (E).....  Approximately 0.6 mile                  +269  City of Lufkin.
                                          upstream of Brentwood
                                          Drive.
                                         At the confluence with                  +273
                                          Hurricane Creek.
Hurricane Creek East Tributary (E)       At the confluence with                  +250  City of Lufkin.
 Tributary.                               Hurricane Creek East
                                          Tributary (E).
                                         Approximately 0.5 mile                  +267
                                          upstream of Brentwood
                                          Drive.
Hurricane Creek East Tributary (North).  Just downstream of Jones                +289  City of Lufkin.
                                          Street.
                                         Just upstream of                        +305
                                          Whipporwill Street.
Hurricane Creek East Tributary (South).  At the confluence with                  +237  City of Lufkin.
                                          Unnamed Tributary 4 to
                                          Hurricane Creek.
                                         Just upstream of Pine                   +265
                                          Valley Drive.
Hurricane Creek West Branch............  At the confluence with                  +250  City of Lufkin.
                                          Hurricane Creek.
                                         Just upstream of Park                   +276
                                          Lane.
Mill Creek Tributary...................  Approximately 1,486 feet                +290  City of Lufkin.
                                          downstream of Bonita
                                          Street.
                                         Approximately 230 feet                  +304
                                          upstream of Martin
                                          Luther King Drive.
One Eyed Creek.........................  Just downstream of                      +289  City of Lufkin.
                                          Westwood Place.
                                         Just downstream of Fuller               +309
                                          Springs Drive.
Shirley Creek..........................  Just upstream of Loop 287               +262  City of Lufkin.
                                         Just upstream of Trenton                +297
                                          Road.
Shirley Creek Tributary 2..............  Just downstream of Loop                 +294  City of Lufkin.
                                          287.
                                         Just downstream of Shady                +310
                                          Pine Road.
Shirley Creek Tributary 2 East Branch..  At the confluence with                  +277  City of Lufkin.
                                          Shirley Creek Tributary
                                          2.
                                         Approximately 600 feet                  +296
                                          upstream of Freeman
                                          Street.
Tributary to Mill Creek Tributary......  Just downstream of the                  +272  City of Lufkin.
                                          City Lake Dam.
                                         Just downstream of U.S.                 +305
                                          Route 69.
Tributary to Paper Mill Creek Tributary  Just downstream of State                +272  City of Lufkin.
                                          Highway 103.
                                         Approximately 675 feet                  +290
                                          upstream of Freeman
                                          Street.
Unnamed Tributary 1 to Hurricane Creek.  At the confluence with                  +259  City of Lufkin.
                                          Hurricane Creek.
                                         Just upstream of FM 58...               +293
Unnamed Tributary 2 to Hurricane Creek.  At the confluence with                  +247  City of Lufkin.
                                          Hurricane Creek.
                                         Approximately 0.4 mile                  +273
                                          upstream of Tulane Road.
Unnamed Tributary 3 to Hurricane Creek.  At the confluence with                  +236  City of Lufkin.
                                          Hurricane Creek.
                                         Just upstream of Loop 287               +264
Unnamed Tributary 4 to Hurricane Creek.  At the confluence with                  +237  City of Lufkin.
                                          Hurricane Creek East
                                          Tributary (South).
                                         Approximately 773 feet                  +272
                                          upstream of Crown Colony
                                          Drive.
Unnamed Tributary to Papermill Creek...  At the limit of detailed                +244  City of Lufkin.
                                          study nearest to Kit
                                          McConnico Park.
                                         At the lower limit of                   +252
                                          detailed study (no
                                          physical reference
                                          available).

                                         Approximately 0.6 mile                  +252
                                          downstream of Moffett
                                          Road.
                                         Approximately 0.5 mile                  +252
                                          downstream of Moffett
                                          Road.
                                         Approximately 1,800 feet                +254
                                          downstream of Old
                                          Moffett Road.
                                         Just upstream of Loop 287               +261
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Lufkin
Maps are available for inspection at 300 East Shepherd Avenue, Lufkin, TX 75901.
----------------------------------------------------------------------------------------------------------------
                                   Bexar County, Texas, and Incorporated Areas
                                             Docket No.: FEMA-B-7770
----------------------------------------------------------------------------------------------------------------
Ackerman Creek.........................  At the confluence with                  +651  City of San Antonio.
                                          Rosillo Creek.
                                         Approximately 1,600 feet                +698
                                          upstream of Candlemeadow
                                          Drive.
Balcones Creek.........................  At the confluence with                +1,277  City of Fair Oaks Ranch,
                                          Cibolo Creek.                                 City of San Antonio,
                                                                                Unincorporated Areas of
                                                                                Bexar County.
                                         At the confluence with                +1,580
                                          Tributary A.
Beital Creek Tributary A...............  Approximately 600 feet                  +723  City of San Antonio, City
                                          upstream of the                               of Windcrest.
                                          confluence with Beital
                                          Creek.
                                         Approximately 1,500 feet                +792
                                          upstream of Jim Seal
                                          Drive.
Bertal Creek...........................  Just upstream of the                    +697  City of San Antonio.
                                          confluence with Salado
                                          Creek.
                                         Just upstream of                        +828
                                          Nacogdoches Road.
Caracol Creek..........................  Approximately 600 feet                  +770  City of San Antonio.
                                          upstream of the
                                          confluence with Medio
                                          Creek.
                                         Approximately 3,700 feet                +854
                                          upstream of West
                                          Military Drive.
Catalpa Pershing Channel...............  Just upstream of U.S.                   +661  City of San Antonio.
                                          Route 281.
                                         Approximately 1,000 feet                +672
                                          upstream of Mulberry
                                          Avenue.
Chimenea Creek.........................  At the confluence with                +1,086  City of San Antonio.
                                          Helotes Creek.
                                         Approximately 5 miles                 +1,398
                                          upstream of Private Road.
Comanche Creek.........................  Approximately 4,500 feet                +525  City of San Antonio.
                                          downstream of Mauemann
                                          Road.
                                         Approximately 700 feet                  +572
                                          upstream of Applewhite
                                          Road.
Concepcion Creek.......................  Approximately 400 feet                  +592  City of San Antonio.
                                          downstream of Probandt
                                          Street.
                                         Approximately 400 feet                  +683
                                          upstream of U.S. Route
                                          90 West Access Road.
Culebra Creek..........................  Approximately 1,800 feet                +779  City of San Antonio.
                                          upstream of the
                                          confluence with Leon
                                          Creek.
                                         Approximately 9,000 feet              +1,003
                                          upstream of Galm Road.
Culebra Creek Tributary A..............  Just downstream of                      +792  City of San Antonio.
                                          Grissom Road.
                                         Approximately 1,500 feet                +899
                                          upstream of Dover Ridge.
Culebra Creek Tributary B..............  Approximately 200 feet                  +864  City of San Antonio.
                                          downstream of Culebra
                                          Road.
                                         Approximately 600 feet                  +868
                                          upstream of Culebra Road.
Culebra Creek Tributary C..............  Approximately 4,000 feet                +895  City of Helotes, City of
                                          downstream of FM 1560                         San Antonio.
                                          North.
                                         Approximately 500 feet                  +996
                                          upstream of Beverly
                                          Hills Road.
Culebra Creek Tributary C-1............  Approximately 800 feet                  +909  City of San Antonio.
                                          upstream of the
                                          confluence with Culebra
                                          Creek Tributary C, at FM
                                          1560 North.
                                         Approximately 1,800 feet                +923
                                          upstream of Shaenfield
                                          Road.
Culebra Creek Tributary D..............  Approximately 2,400 feet                +892  City of San Antonio.
                                          downstream of FM 1560
                                          North.
                                         Approximately 3,200 feet                +960
                                          upstream of Gass Road.
Culebra Creek Tributary E..............  Approximately 110 feet                  +953  City of San Antonio.
                                          upstream of Galm Road.
                                         Approximately 2,700 feet                +998
                                          upstream of Remuda Ranch.
Culebra Creek Tributary F..............  Approximately 1,500 feet                +980  City of San Antonio.
                                          upstream of Kallison
                                          Lane.
                                         Approximately 6,200 feet              +1,007
                                          upstream of Kallison
                                          Lane.
Elm Creek..............................  At the confluence with                  +790  City of San Antonio.
                                          Mud Creek.
                                         Approximately 900 feet                  +834
                                          upstream of Loop 1604
                                          Access Road.
Elm Waterhole Creek....................  Approximately 4,300 feet                +796  City of San Antonio.
                                          downstream of Redland
                                          Road.
                                         Approximately 2,700 feet                +847
                                          downstream of Judson
                                          Road.
Escondido Creek........................  Approximately 700 feet                  +575  City of New Berlin, City
                                          downstream of Private                         of San Antonio.
                                          Road, near the
                                          confluence with Martinez
                                          Creek B.

                                         Approximately 1,200 feet                +695
                                          upstream of Binz-
                                          Engleman Road.
Fort Sam Houston Tributary.............  Just upstream of Road S-                +645  City of San Antonio, City
                                          33 E.                                         of Terrell Hills,
                                                                                Unincorporated Areas of
                                                                                Bexar County.
                                         Approximately 300 feet                  +746
                                          upstream of Rittiman
                                          Road.
French Creek...........................  Approximately 1,250 feet                +826  City of San Antonio.
                                          downstream of Private
                                          Road, at 7581 Bandera
                                          Road.
                                         Approximately 150 feet                  +995
                                          upstream of FM 1560, at
                                          French Creek.
French Creek Tributary A...............  Just upstream of Hausman                +923  City of San Antonio.
                                          Road South.
                                         Just upstream of Loop                   +936
                                          1604 West Access Road.
French Creek Tributary B...............  Approximately 600 feet                  +929  City of San Antonio.
                                          downstream of Loop 1604
                                          West Access Road.
                                         Just upstream of Loop                   +937
                                          1604 West Access Road.
French Creek Tributary No. 2...........  Approximately 1,180 feet                +848  City of San Antonio.
                                          downstream of Braun
                                          Hollow.
                                         Approximately 980 feet                  +849
                                          downstream of Braun
                                          Hollow.
French Creek Tributary No. 4...........  Approximately 1,370 feet                +852  City of San Antonio.
                                          upstream of Guilbeau
                                          Road along French Creek.
                                         Approximately 970 feet                  +908
                                          upstream of Tezel Road.
Government Canyon Tributary E..........  Approximately 500 feet                +1,198  City of San Antonio.
                                          upstream of the
                                          confluence with
                                          Government Canyon.
                                         Approximately 900 feet                +1,216
                                          upstream of the
                                          confluence with
                                          Government Canyon.
Government Canyon Creek................  Approximately 950 feet                  +926  City of San Antonio.
                                          upstream of the
                                          confluence with Culebra
                                          Creek.
                                         Approximately 1,300 feet              +1,327
                                          upstream of Helotes
                                          Springs.
Government Canyon Creek Tributary B....  Approximately 2,900 feet                +968  City of San Antonio.
                                          upstream of Galm Road,
                                          along Government Canyon
                                          Creek.
                                         Approximately 1.2 mile                +1,000
                                          above Galm Road, along
                                          Government Canyon Creek.
Government Canyon Creek Tributary C....  Approximately 170 feet                +1,028  City of San Antonio.
                                          upstream of the
                                          confluence with
                                          Government Canyon.
                                         Approximately 1,600 feet              +1,055
                                          upstream of the
                                          confluence with
                                          Government Canyon.
Government Canyon Creek Tributary A....  Approximately 1,050 feet                +958  City of San Antonio.
                                          upstream of Galm Road.
                                         Approximately 3.5 miles               +1,132
                                          upstream of Galm Road.
Government Canyon Greek Tributary D....  Approximately 650 feet                +1,176  City of San Antonio.
                                          upstream of the
                                          confluence with
                                          Government Canyon Creek.
                                         Approximately 4,100 feet              +1,216
                                          upstream of the
                                          confluence with
                                          Government Canyon Creek.
Helotes Creek..........................  Approximately 2,000 feet                +852  City of Grey Forest, City
                                          upstream of the                               of Helotes, City of San
                                          confluence with Culebra                       Antonio.
                                          Creek.
                                         Approximately 3,000 feet              +1,240
                                          upstream of Four Rogers
                                          Road.
Helotes Creek Tributary A..............  Approximately 2,800 feet                +970  City of Helotes, City of
                                          downstream of FM 1560                         San Antonio.
                                          North.
                                         Approximately 700 feet                +1,039
                                          upstream of Parrigin
                                          Road.
Huebner Creek..........................  Approximately 400 feet                  +768  City of Leon Valley, City
                                          upstream of Ingram Road.                      of San Antonio.
                                         Approximately 2,500 feet                +956
                                          downstream of De Zavala
                                          Road.
Huebner Creek Tributary A..............  Approximately 1,300 feet                +843  City of San Antonio.
                                          downstream of Eckhert
                                          Road.
                                         Approximately 260 feet                  +918
                                          downstream of Southwell
                                          Road.
Huesta Creek...........................  Approximately 2,400 feet                +922  City of San Antonio.
                                          downstream of Old
                                          Babcock Road.
                                         Approximately 5,000 feet              +1,102
                                          upstream of Arroyo Hondo.
Huesta Creek Tributary A...............  Just upstream of Hausman                +957  City of San Antonio.
                                          Road.
                                         Approximately 1,300 feet                +989
                                          upstream of Old Cedar
                                          Boulevard.
Indian Creek...........................  Approximately 4,000 feet                +572  City of San Antonio.
                                          downstream of Ripps
                                          Ranch Road.
                                         Approximately 600 feet                  +716
                                          upstream of Medina Base
                                          Road.
Lee Creek..............................  Just downstream of                    +1,106  City of Grey Forest, City
                                          Hilltop Drive.                                of San Antonio.
                                         Approximately 1,600 feet              +1,240
                                          downstream of Babcock
                                          Road.

Leon Creek.............................  Approximately 2,500 feet                +519  City of San Antonio,
                                          upstream of Missouri                          Unincorporated Areas of
                                          Pacific Railroad along                        Bexar County.
                                          the Medina River.
                                         Approximately 4,900 feet              +1,400
                                          upstream of Miranda
                                          Ridge.
Leon Creek Overflow....................  Just upstream of Prue                   +889  City of San Antonio.
                                          Road at the confluence
                                          with Leon Creek.
                                         Approximately 1,230 feet                +948
                                          downstream of Hausman
                                          Road.
Leon Creek Tributary B.................  Approximately 500 feet                  +598  City of San Antonio.
                                          upstream of the
                                          confluence with Leon
                                          Creek.
                                         Approximately 130 feet                  +624
                                          downstream of Somerset
                                          Road.
Leon Creek Tributary C.................  Approximately 750 feet                  +635  City of San Antonio.
                                          upstream of the
                                          confluence with Leon
                                          Creek.
                                         Approximately 2,200 feet                +653
                                          upstream of Southwest
                                          Military Drive.
Leon Creek Tributary D.................  Approximately 120 feet                  +667  Unincorporated Areas of
                                          downstream of Kelly                           Bexar County.
                                          Drive.
                                         Approximately 1,600 feet                +675
                                          downstream of Growndon
                                          Road.
Leon Creek Tributary E.................  At the confluence with                  +672  Unincorporated Areas of
                                          Leon Creek.                                   Bexar County.
                                         Approximately 140 feet                  +719
                                          downstream of Unnamed
                                          Street on Lackland AFB.
Leon Creek Tributary E1................  Approximately 210 feet                  +672  Unincorporated Areas of
                                          upstream of the                               Bexar County.
                                          confluence with Leon
                                          Creek Tributary E.
                                         Approximately 100 feet                  +738
                                          upstream of Kenly Avenue.
Leon Creek Tributary F.................  At the confluence with                  +713  City of San Antonio.
                                          Leon Creek.
                                         Just upstream of South                  +715
                                          Callaghan Road.
Leon Creek Tributary J.................  Approximately 300 feet                +1,107  City of San Antonio.
                                          downstream of I-10 West.
                                         Approximately 200 feet                +1,174
                                          downstream of Cielo
                                          Vista Road.
Leon Creek Tributary L.................  Approximately 150 feet                +1,149  City of San Antonio.
                                          upstream of Boerne Stage
                                          Road.
                                         Approximately 1,900 feet              +1,157
                                          upstream of Boerne Stage
                                          Road.
Leon Creek Tributary M.................  Approximately 1,300 feet              +1,202  City of San Antonio.
                                          downstream of Boerne
                                          Stage Road.
                                         Approximately 2.18 miles              +1,348
                                          upstream of Boerne Stage
                                          Road.
Leon Creek Tributary N.................  Approximately 350 feet                +1,277  City of San Antonio.
                                          upstream of the
                                          confluence with Leon
                                          Creek at Unnamed Road.
                                         Approximately 3,700 feet              +1,323
                                          upstream of Unnamed Road.
Live Oak Slough........................  Approximately 1,700 feet                +559  City of San Antonio.
                                          downstream of Rife Lane.
                                         Approximately 1,200 feet                +617
                                          upstream of Old Pearsall
                                          Road at Loop 1604.
Lorence Creek..........................  Approximately 100 feet                  +736  City of San Antonio, Town
                                          downstream of Entrance                        of Hollywood Park.
                                          Avenue.
                                         Just upstream of Sonterra               +967
                                          Boulevard.
Los Reyes Creek........................  Approximately 2,000 feet              +1,026  City of Helotes, City of
                                          downstream of Antonio                         San Antonio.
                                          Drive.
                                         Approximately 4,200 feet              +1,299
                                          upstream of State
                                          Highway 16 North.
Los Reyes Creek Tributary A............  Approximately 300 feet                +1,175  City of San Antonio.
                                          upstream of the
                                          confluence with Los
                                          Reyes Creek.
                                         Approximately 250 feet                +1,210
                                          upstream of Private Road
                                          at 18524 State Highway
                                          16.
Lower French Creek.....................  Approximately 170 feet                  +802  City of San Antonio.
                                          downstream of Heliport
                                          Drive.
                                         Approximately 100 feet                  +825
                                          downstream of Low Bid
                                          Lane.
Lower Mud Creek........................  Just downstream of                      +732  City of San Antonio.
                                          Wurzbach Parkway.
                                         Approximately 6,000 feet                +893
                                          upstream of westbound
                                          Loop 1604.
Macaway Creek..........................  Approximately 4,000 feet                +509  City of San Antonio,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          87.                                           Bexar County.
                                         Approximately 1,450 feet                +614
                                          downstream of LaVernia
                                          Road.
Martinez Creek B.......................  At the confluence with                  +527  City of New Berlin, City
                                          Cibolo Creek.                                 of San Antonio, City of
                                                                                St. Hedwig.
                                         Approximately 1,400 feet                +822
                                          upstream of Crestway
                                          Drive.
Maverick Creek.........................  Approximately 400 feet                  +926  City of San Antonio.
                                          upstream of Old Babcock
                                          Road.
                                         Approximately 1,400 feet              +1,174
                                          upstream of Kyle Seale
                                          Parkway.

Medina River...........................  Approximately 2,000 feet                +478  City of San Antonio,
                                          upstream of I-37 South,                       Unincorporated Areas of
                                          along the San Antonio                         Bexar County.
                                          River.
                                         Approximately 5,000 feet                +690
                                          upstream of Gross Lane.
Medio Creek............................  Approximately 100 feet                  +556  City of San Antonio,
                                          downstream of Campground                      Unincorporated Areas of
                                          Road.                                         Bexar County.
                                         Approximately 8,700 feet                +875
                                          upstream of Talley Road.
Meusebach Creek........................  Approximately 1,370 feet              +1,111  City of San Antonio,
                                          downstream of private                         Unincorporated Areas of
                                          road at 188 Specht Road.                      Bexar County.
                                         Approximately 1,360 feet              +1,140
                                          upstream of Blanco Road.
New Braunfels Avenue, Austin Highway     At the confluence with                  +684  City of Alamo Heights,
 and Broadway Drain.                      the San Antonio River.                        City of San Antonio,
                                                                                City of Terrell Hills.
                                         Just upstream of                        +794
                                          Ridgehaven Place.
Nichols Creek..........................  Just downstream of Aue                +1,131  City of San Antonio.
                                          Road.
                                         Approximately 1,700 feet              +1,241
                                          upstream of Old
                                          Fredericksburg Access
                                          Road.
Nichols Creek Tributary 1..............  Just downstream of I-10               +1,158  City of San Antonio.
                                          West Access Road.
                                         Approximately 900 feet                +1,166
                                          downstream of Lost Creek
                                          Way.
Olmos Creek (Lower and Upper Reaches)..  At the confluence with                  +722  City of Alamo Heights,
                                          the San Antonio River.                        City of Castle Hills,
                                                                                City of San Antonio,
                                                                                City of Shavano Park.
                                         Approximately 3,000 feet              +1,047
                                          upstream of Lou Mell
                                          Road.
Panther Spring Creek...................  Just upstream of North                  +796  City of San Antonio, Town
                                          Loop Road.                                    of Hollywood Park.
                                         Approximately 3,000 feet                +963
                                          upstream of Loop 1604.
Pecan Creek............................  Approximately 550 feet                +1,237  City of San Antonio.
                                          upstream of the
                                          confluence with Leon
                                          Creek.
                                         Just downstream of                    +1,366
                                          Private Road at 26690
                                          Toutant Beauregard Road.
Polecat Creek..........................  Approximately 2,900 feet                +618  City of San Antonio.
                                          downstream of Cagnon
                                          Road.
                                         Just upstream of South                  +703
                                          Keller Road.
Quail Creek............................  Just downstream of I-410.               +709  City of San Antonio.
                                         Approximately 1,300 feet                +754
                                          upstream of Oakhaven
                                          Road.
Ranch Creek............................  Approximately 650 feet                +1,092  City of San Antonio.
                                          upstream of the
                                          confluence with Los
                                          Reyes Creek.
                                         Approximately 4,000 feet              +1,123
                                          upstream of the
                                          confluence with Los
                                          Reyes Creek.
Rittman Creek..........................  Just downstream of Summer               +689  City of Kirby, City of
                                          Fest Drive.                                   San Antonio.
                                         Approximately 3,000 feet                +719
                                          upstream of Rittman Road.
Rock Creek.............................  At the confluence with                  +763  City of San Antonio.
                                          Olmos Creek.
                                         Approximately 600 feet                  +894
                                          downstream of Datapoint
                                          Road.
Rosillo Creek..........................  Approximately 400 feet                  +532  City of Kirby, City of
                                          upstream of Old Corpus                        San Antonio.
                                          Christi Road.
                                         Approximately 550 feet                  +756
                                          upstream of Walzem Road.
Rundale Creek..........................  Approximately 250 feet                +1,457  Unincorporated Areas of
                                          downstream of Private                         Bexar County.
                                          Road, at Upper Balcones
                                          Road.
                                         Approximately 4,050 feet              +1,639
                                          upstream of Upper
                                          Balcones Road.
Salado Creek...........................  At the confluence with                  +599  City of San Antonio, City
                                          the San Antonio River.                        of Shavano Park,
                                                                                Unincorporated Areas of
                                                                                Bexar County.
                                         Approximately 100 feet                  +948
                                          downstream of Loop West
                                          Access Road.
San Antonio River......................  Approximately 4.5 miles                 +435  City of Alamo Heights,
                                          downstream of Loop 1604.                      City of San Antonio.
                                         Just downstream of Almos                +685
                                          Dam.
Selma Creek............................  At the confluence with                  +743  City of San Antonio, City
                                          Cibolo Creek.                                 of Selma.
                                         Approximately 1,900 feet                +850
                                          upstream of Loop 1604.
Slick Ranch Creek......................  Approximately 1,000 feet                +711  City of San Antonio.
                                          downstream of Pinn Road.
                                         Approximately 1,100 feet                +874
                                          upstream of Rogers Road.

Slick Ranch Creek Tributary B..........  Approximately 650 feet                  +761  City of San Antonio.
                                          upstream of Richland
                                          Hills Road.
                                         Approximately 1,400 feet                +778
                                          upstream of Potranco
                                          Road.
Tributary A to Panther Spring Creek....  Approximately 1,200 feet                +844  City of San Antonio.
                                          downstream of Blanco
                                          Road at the confluence
                                          with Panther Spring
                                          Creek.
                                         Approximately 200 feet                  +942
                                          downstream of Loop 1604
                                          West Access Road.
Tributary A to Salado Creek............  Just downstream of                      +573  City of San Antonio.
                                          Unnamed Park Road at
                                          Pecan Valley.
                                         Approximately 200 feet                  +602
                                          upstream of Gateway.
Tributary A-1 to Panther Spring Creek..  Approximately 50 feet                   +921  City of San Antonio.
                                          downstream of Private
                                          Road.
                                         Just downstream of Loop                 +962
                                          1604 West Access Road.
Tributary B To Salado Creek............  At the confluence with                  +598  City of San Antonio.
                                          Salado Creek.
                                         Approximately 400 feet                  +622
                                          upstream of Amanda
                                          Street.
Tributary C to Salado Creek............  At the confluence with                  +621  City of San Antonio.
                                          Salado Creek.
                                         Just upstream of Seguin                 +691
                                          Street.
Tributary C to Selma Creek.............  Approximately 1,600 feet                +799  City of Live Oak, City of
                                          downstream of North Loop                      San Antonio, City of
                                          1604.                                         Selma.
                                         Approximately 2,700 feet                +846
                                          upstream of North Loop
                                          1604.
Tributary D to Salado Creek............  Just upstream of Ira Lee                +708  City of San Antonio.
                                          Road.
                                         Approximately 900 feet                  +753
                                          upstream of the Tesoro
                                          River.
Tributary D to Selma Creek.............  Approximately 250 feet                  +813  City of San Antonio.
                                          downstream of North Loop
                                          1604 Access Road.
                                         Approximately 1,700 feet                +853
                                          upstream of North Loop
                                          1604 Access Road.
Tributary E To Salado Creek............  Approximately 550 feet                  +727  City of San Antonio.
                                          downstream of
                                          Nacogdoches Road.
                                         Approximately 600 feet                  +787
                                          upstream of Perrin
                                          Beitel Road.
Tributary E to Martinez Creek B........  Approximately 400 feet                  +638  City of San Antonio.
                                          downstream of NRCS Dam
                                          No. 2.
                                         Approximately 1,500 feet                +688
                                          downstream of Lucky
                                          Fields.
Tributary E to Salado Creek............  Approximately 1,200 feet                +724  City of San Antonio.
                                          upstream of Nacogdoches
                                          Road.
                                         Approximately 900 feet                  +868
                                          upstream of O'Connor
                                          Road.
Tributary F to Martinez Creek B........  Approximately 3,000 feet                +678  City of San Antonio.
                                          downstream of Walzem
                                          Road.
                                         Approximately 1,800 feet                +733
                                          upstream of Elm Trail
                                          Drive.
Tributary G to Martinez Creek B........  Approximately 750 feet                +1,370  City of San Antonio.
                                          upstream of the
                                          confluence with Balcones
                                          Creek at Boerne Stage
                                          Road.
                                         Approximately 2,700 feet              +1,391
                                          upstream of the
                                          confluence with Balcones
                                          Creek at Boerne Stage
                                          Road.
Tuttle Road Ditch......................  Approximately 300 feet                  +684  City of San Antonio, City
                                          downstream of Harry                           of Terrell Hills,
                                          Wurzbach Road.                                Unincorporated Areas of
                                                                                Bexar County.
                                         Approximately 500 feet                  +697
                                          upstream of Harry
                                          Wurzbach Road.
US 281 Tributary Salado Creek..........  Just downstream of                      +784  City of Hill Country
                                          Country Parkway.                              Village, City of San
                                                                                Antonio.
                                         Just upstream of                        +881
                                          Blackhawk Trail.
UTSA Tributary to Leon Creek...........  Approximately 1,300 feet                +956  City of San Antonio.
                                          upstream of UTSA
                                          Boulevard.
                                         Approximately 700 feet                  +972
                                          upstream of UTSA
                                          Boulevard.
Unnamed Tributary 1 to Beitel Creek....  At the confluence with                  +707  City of San Antonio.
                                          Beitel Creek.
                                         Just upstream of I-35....               +752
Unnamed Tributary 1 to Elm Waterhole     Just upstream of Loop                   +833  City of San Antonio.
 Creek.                                   1604 East Access Road at
                                          the confluence with Elm
                                          Waterhole Creek.
                                         Approximately 1,000 feet                +892
                                          downstream of Roseheart.
Unnamed Tributary 2 in Olmos Creek       Just downstream of Rock                 +836  City of San Antonio.
 Watershed.                               Creek Run.
                                         Approximately 800 feet                  +847
                                          upstream of Rock Creek
                                          Run.
Unnamed Tributary 2 to Beitel Creek....  Just downstream of Old                  +789  City of San Antonio.
                                          O'Connor Road.
                                         Just upstream of Judson                 +848
                                          Road.
Unnamed Tributary 3 in Olmos Creek       Just downstream of Greely               +722  City of Alamo Heights.
 Watershed.                               Street.
                                         Approximately 250 feet                  +746
                                          downstream of Townsend
                                          Avenue.
Unnamed Tributary 3 to Beitel Creek....  Approximately 100 feet                  +812  City of San Antonio.
                                          downstream of O'Connor
                                          Road.
                                         Approximately 1,500 feet                +850
                                          upstream of Dreamwood
                                          Drive.

Unnamed Tributary 5 in Olmos Creek       At the confluence with                  +960  City of San Antonio, City
 Watershed.                               Olmos Creek.                                  of Shavano Park.
                                         Approximately 5,000 feet              +1,041
                                          upstream of Northwest
                                          Loop 1604.
Unnamed Tributary 5 to Caracol.........  Approximately 900 feet                  +828  City of San Antonio.
                                          downstream of West Loop
                                          1604 North.
                                         Approximately 300 feet                  +866
                                          upstream of Copperfield.
Unnamed Tributary 6 in Olmos Creek       At the confluence with                  +932  City of San Antonio.
 Watershed.                               West Fork Olmos Creek.
                                         Approximately 600 feet                  +942
                                          upstream of De Zavala
                                          Road.
Unnamed Tributary to Rundale Creek.....  At the confluence with                +1,480  Unincorporated Areas of
                                          Rundale Creek.                                Bexar County.
                                         Approximately 70 feet                 +1,548
                                          upstream of Grow Ranch.
Walzem Creek...........................  Just upstream of Judivan                +678  City of San Antonio, City
                                          Drive.                                        of Windcrest.
                                         Approximately 200 feet                  +841
                                          downstream of Crestway
                                          Drive.
West Fork Olmos Creek Upper............  Approximately 1,300 feet                +831  City of San Antonio.
                                          upstream of the
                                          confluence with Olmos
                                          Creek.
                                         Approximately 4,000 feet                +970
                                          upstream of Red Maple
                                          Wood.
West Salitrillo Creek..................  Approximately 100 feet                  +646  City of Converse, City of
                                          downstream of FM 1516.                        Live Oak, City of San
                                                                                Antonio, Unincorporated
                                                                                Areas of Bexar County.
                                         Approximately 200 feet                  +886
                                          upstream of Avery Road.
West Tributary to Rosillo Creek........  Approximately 550 feet                  +673  City of Kirby.
                                          upstream of the
                                          confluence with Rosillo
                                          Creek.
                                         Approximately 500 feet                  +694
                                          upstream of Old Seguin
                                          Road.
Westwood Village Creek.................  Approximately 100 feet                  +700  City of San Antonio.
                                          upstream of Old U.S.
                                          Route 90.
                                         Approximately 1,000 feet                +724
                                          upstream of Pinn Road.
Wildcat Canyon.........................  At the confluence with                +1,058  City of San Antonio.
                                          Government Canyon Creek.
                                         Approximately 300 feet                +1,058
                                          upstream of the
                                          confluence with
                                          Government Canyon Creek.
Woman Hollering Creek..................  Approximately 850 feet                  +539  City of New Berlin, City
                                          downstream of New Berlin                      of Schertz, City of St.
                                          Road.                                         Hedwig, Unincorporated
                                                                                Areas of Bexar County.
                                         Approximately 1,100 feet                +719
                                          upstream of Golf Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                                    ADDRESSES

City of Alamo Heights
Maps are available for inspection at 6116 Broadway Street, San Antonio, TX 78209.

City of Castle Hills
Maps are available for inspection at 6915 West Avenue, Castle Hills, TX 78213.

City of Converse
Maps are available for inspection at 403 South Seguin, Converse, TX 78109.

City of Fair Oaks Ranch
Maps are available for inspection at 7286 Dietz Elkhorn Road, Fair Oaks Ranch, TX 78015.

City of Grey Forest
Maps are available for inspection at 18502 Scenic Loop Road, Grey Forest, TX 78023.

City of Helotes
Maps are available for inspection at 12951 Bandera Road, Helotes, TX 78023.

City of Hill Country Village
Maps are available for inspection at 116 Aspen Lane, San Antonio, TX 78232.

City of Kirby
Maps are available for inspection at 5631 Binz-Engleman Road, Kirby, TX 78219.

City of Leon Valley
Maps are available for inspection at 6400 El Verde Road, Leon Valley, TX 78238.

City of Live Oak
Maps are available for inspection at 8001 Shin Oak Drive, Live Oak, TX 78233.

City of New Berlin

Maps are available for inspection at the Maintenance Building, 415 East Donnegan Street, Seguin, TX 78155.

City of San Antonio
Maps are available for inspection at 114 West Commerce Street, 7th Floor, San Antonio, TX 78205.

City of Schertz
Maps are available for inspection at 1400 Schertz Parkway, Schertz, TX 78154.

City of Selma
Maps are available for inspection at 9375 Corporate Drive, Selma, TX 78154.

City of St. Hedwig
Maps are available for inspection at 13065 FM 1346, St. Hedwig, TX 78152.

City of Shavano Park
Maps are available for inspection at 99 Saddletree Court, Shavano Park, TX 78231.

City of Terrell Hills
Maps are available for inspection at 5100 North New Braunfels Avenue, San Antonio, TX 78209.

City of Windcrest
Maps are available for inspection at 8601 Midcrown Drive, Windcrest, TX 78239.

Town of Hollywood Park
Maps are available for inspection at 407 Rhapsody Lane, Hollywood Park, TX 78216.

                                      Unincorporated Areas of Bexar County
Maps are available for inspection at 233 North Pecos-La Trinidad Street, Suite 420, San Antonio, TX 78207.
----------------------------------------------------------------------------------------------------------------

    (Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-24402 Filed 9-28-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Rules and Regulations]
[Pages 21861-21864]
[FR Doc No: 2012-8739]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0352; Special Conditions No. 25-462-SC]

Special Conditions: Boeing, Model 777F; Enhanced Flight Vision
System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Boeing Model 777F
airplane. This airplane, as modified by the FedEx Express Corporation,
will have a novel or unusual design feature associated with an
advanced, enhanced flight vision system (EFVS). The EFVS consists of a
head-up display (HUD) system modified to display forward-looking
infrared (FLIR) imagery. 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 March 22,
2012. We must receive your comments by May 14, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0352
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Dale Dunford, FAA, Transport Standards
Staff, ANM-111, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2239; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions 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 people 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 will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On November 17, 2010, the FedEx Express Corporation applied for a
supplemental type certificate for the installation and operation of a
HUD and an EFVS in the Boeing Model 777F. The original type certificate
for the 777F airplanes is T00001SE, Revision 28, dated August 5, 2011.
    The Boeing Model 777F is a transport-category, cargo-carrying
airplane that operates with a crew of two. It is powered by two General
Electric GE90-110B1 or GE90-115B turbofan engines, has a maximum gross
takeoff weight of 766,800 pounds, and a maximum range of 4,900 nautical
miles.
    The electronic infrared image displayed between the pilot and the
forward windshield represents a novel or unusual design feature in the
context of Title 14, Code of Federal Regulations (14 CFR) 25.773.
Section 25.773 was not written in anticipation of such technology. The
electronic image has the potential to enhance the pilot's awareness of
the terrain, hazards, and airport features. At the same time, the image
may partially obscure the pilot's direct outside compartment view.
Therefore, the FAA needs adequate safety standards to evaluate the EFVS
to determine that the imagery provides the intended visual enhancements
without undue interference with the pilot's outside compartment view.
The FAA's intent is that the pilot will be able to use a combination of
the information seen in the image and the natural view of the outside
scene, as seen through the image, as safely and effectively as a pilot
compartment view without an enhanced vision system (EVS) image, and is
compliant with Sec.  25.773.
    Although the FAA has determined that the existing regulations are
not adequate for certification of EFVSs, it believes that EFVSs could
be certified through application of appropriate safety criteria.
Therefore, the FAA has determined that special conditions should be
issued for certification of EFVSs to provide a level of safety
equivalent to that provided by the standard in Sec.  25.773.

    Note:  The term ``enhanced vision system'' (EVS) in this
document refers to a system comprised of a head-up display (HUD),
imaging sensor(s), and avionics interfaces

that display the sensor imagery on the HUD, and overlay that imagery
with alpha-numeric and symbolic flight information. However, the
term has also been commonly used in reference to systems that
display the sensor imagery, with or without other flight
information, on a head-down display. For clarity, the FAA created
the term ``enhanced flight vision system'' (EFVS) to refer to
certain EVS systems that meet the requirements of the new
operational rules--in particular, the requirement for a HUD and
specified flight information--and which can be used to determine
``enhanced flight visibility.'' An EFVS can be considered a subset
of a system otherwise labeled EVS.

    On January 9, 2004, the FAA published revisions to operational
rules in 14 CFR parts 1, 91, 121, 125, and 135 to allow aircraft to
operate below certain altitudes during a straight-in instrument
approach while using an EFVS to meet visibility requirements.
    Prior to this rule change, the FAA issued Special Conditions No.
25-180-SC, which applied to an EVS installed on Gulfstream Model G-V
airplanes. Those special conditions addressed the requirements for the
pilot compartment view and limited the scope of the intended functions
permissible under the operational rules at the time. The intended
function of the EVS imagery was to aid the pilot during the approach
and allow the pilot to detect and identify the visual references for
the intended runway down to 100 feet above the touchdown zone. However,
the EVS imagery alone was not to be used as a means to satisfy
visibility requirements below 100 feet.
    The recent operational rule change expands the permissible
application of certain EVSs that are certified to meet the new EFVS
standards. The new rule allows the use of an EFVS for operation below
the minimum descent altitude or decision height to meet new visibility
requirements of Sec.  91.175(l). The purpose of these special
conditions is not only to address the issue of the ``pilot compartment
view,'' as was done by Special Conditions No. 25-180-SC, but also to
define the scope of intended function consistent with Sec.  91.175(l)
and (m).

Type Certification Basis

    Under the provisions of 14 CFR 21.101, the FedEx Express
Corporation must show that the Boeing Model 777F, as changed, continues
to meet the applicable provisions of the regulations incorporated by
reference in Type Certificate No. T00001SE or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations incorporated by reference are listed in Type Certificate
Data Sheet No. T00001SE, Revision 28, dated August 5, 2011, which
covers all variants of the Boeing 777 airplanes. In addition, the
certification basis includes certain special conditions and exemptions
that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777F because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
the special conditions would also apply to the other model.
    In addition to the applicable airworthiness regulations and special
conditions, the Model 777F 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.
    The FAA issues special conditions, as defined in 14 CFR 11.19 in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 777F will incorporate the following novel or
unusual design feature: An EFVS that projects a video image derived
from a FLIR camera through the HUD. The EFVS image is projected in the
center of the ``pilot compartment view,'' which is governed by Sec.
25.773. The image is displayed with HUD symbology and overlays the
forward outside view. Therefore, Sec.  25.773 does not contain
appropriate safety standards for the EFVS display.
    Operationally, during an instrument approach, the EFVS image is
intended to enhance the pilot's ability to detect and identify ``visual
references for the intended runway'' [see Sec.  91.175(l)(3)] to
continue the approach below decision height or minimum descent
altitude. Depending on atmospheric conditions and the strength of
infrared energy emitted and/or reflected from the scene, the pilot can
see these visual references in the image better than they can be seen
through the window without EFVS.
    Scene contrast detected by infrared sensors can be much different
from that detected by natural pilot vision. On a dark night, thermal
differences of objects which are not detectable by the unaided eye are
easily detected by many imaging infrared systems. On the other hand,
contrasting colors in visual wavelengths may be distinguished by the
naked eye but not by an imaging infrared system. Where thermal contrast
in the scene is sufficiently detectable, the pilot can recognize shapes
and patterns of certain visual references in the infrared image.
However, depending on conditions, those shapes and patterns in the
infrared image can appear significantly different than they would with
normal vision. Considering these factors, the EFVS image needs to be
evaluated to determine that it can be accurately interpreted by the
pilot.
    The EFVS image may improve the pilot's ability to detect and
identify items of interest. However, the EFVS needs to be evaluated to
determine that the imagery allows the pilot to perform the normal
flightcrew duties and adequately see outside the window through the
image, consistent with the safety intent of Sec.  25.773(a)(2).
    Compared to a HUD displaying the EFVS image and symbology, a HUD
that only displays stroke-written symbols is easier to see through.
Stroke symbology illuminates a small fraction of the total display area
of the HUD, leaving much of that area free of reflected light that
could interfere with the pilot's view out the window through the
display. However, unlike stroke symbology, the video image illuminates
most of the total display area of the HUD (approximately 30 degrees
horizontally and 25 degrees vertically), which is a significant
fraction of the pilot compartment view. The pilot cannot see around the
larger illuminated portions of the video image, but must see the
outside scene through it.
    Unlike the pilot's external view, the EFVS image is a monochrome,
two-dimensional display. Many, but not all, of the depth cues found in
the natural view are also found in the image. The quality of the EFVS
image and the level of EFVS infrared-sensor performance could depend
significantly on conditions of the atmospheric and external light
sources. The pilot needs adequate control of sensor gain and image
brightness, which can significantly affect image quality and
transparency (i.e., the ability to see the outside view through the
image). Certain system characteristics could create distracting and
confusing display artifacts. Finally, because this is a sensor-based
system intended to

provide a conformal perspective corresponding with the outside scene,
the system must be able to ensure accurate alignment. Therefore, safety
standards are needed for each of the following factors:
     An acceptable degree of image transparency;
     Image alignment;
     Lack of significant distortion; and
     The potential for pilot confusion or misleading
information.
    Section 25.773, Pilot compartment view, specifies that ``Each pilot
compartment must be free of glare and reflection that could interfere
with the normal duties of the minimum flight crew * * *.'' In issuing
Sec.  25.773, the FAA did not anticipate the development of the EFVS
and does not consider that Sec.  25.773 adequately addresses the
specific issues related to such a system. Therefore, the FAA has
determined that special conditions are needed to address the specific
issues particular to the installation and use of an EFVS.

Discussion

    The EFVS is intended to present an enhanced view during the landing
approach. This enhanced view would help the pilot see and recognize
external visual references, as required by Sec.  91.175(l), and to
visually monitor the integrity of the approach, as described in FAA
Order 6750.24D, ``Instrument Landing System and Ancillary Electronic
Component Configuration and Performance Requirements,'' dated March 1,
2000.
    Based on this approved functionality, users would seek to obtain
operational approval to conduct approaches, including approaches to
Type I runways, in visibility conditions much lower than those for
conventional Category I.
    The purpose of these special conditions is to ensure that the EFVS
to be installed can perform the following functions:
     Present an enhanced view that aids the pilot during the
approach.
     Provide enhanced flight visibility to the pilot that is no
less than the visibility prescribed in the standard instrument approach
procedure.
     Display an image that the pilot can use to detect and
identify the ``visual references for the intended runway'' required by
14 CFR 91.175(l)(3) to continue the approach with vertical guidance to
100 feet height above the touchdown-zone elevation.
    Depending on the atmospheric conditions and the particular visual
references that happen to be distinctly visible and detectable in the
EFVS image, these functions would support its use by the pilot to
visually monitor the integrity of the approach path.
    Compliance with these special conditions does not affect the
applicability of any of the requirements of the operating regulations
(i.e., 14 CFR parts 91, 121, and 135). Furthermore, use of the EFVS
does not change the approach minima prescribed in the standard
instrument approach procedure being used; published minima still apply.
    The FAA certification of this EFVS is limited as follows:
    1. The infrared-based EFVS image will not be certified as a means
to satisfy the requirements for descent below 100 feet height above
touchdown.
    2. The EFVS may be used as a supplemental device to enhance the
pilot's situational awareness during any phase of flight or operation
in which its safe use has been established.
    An EFVS image may provide an enhanced image of the scene that may
compensate for any reduction in the clear outside view of the visual
field framed by the HUD combiner. The pilot must be able to use this
combination of information seen in the image and the natural view of
the outside scene, as seen through the image, as safely and effectively
as the pilot would use a pilot compartment view without an EVS image
that is compliant with Sec.  25.773. This is the fundamental objective
of the special conditions.
    The FAA will also apply additional certification criteria, not as
special conditions, for compliance with related regulatory
requirements, such as Sec. Sec.  25.1301 and 25.1309. These additional
criteria address certain image characteristics, installation,
demonstration, and system safety. Image-characteristics criteria
include the following:
     Resolution
     Luminance
     Luminance uniformity
     Low-level luminance
     Contrast variation
     Display quality
     Display dynamics (e.g., jitter, flicker, update rate, and
lag)
     Brightness controls
    Installation criteria address visibility and access to EFVS
controls and integration of EFVS in the cockpit.
    The EFVS demonstration criteria address the flight and
environmental conditions that need to be covered.
    The FAA also intends to apply certification criteria relevant to
high-intensity radiated fields (HIRF) and lightning protection.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777F. Should the FedEx Express Corporation apply at a
later date for a supplemental type certificate to modify any other
model included on Type Certificate No. T00001SE to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on Boeing 777F airplanes. 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.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon issuance. The FAA is requesting comments
to allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

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 Boeing Model 777F airplanes modified
by the FedEx Express Corporation.
    1. Enhanced flight vision system (EFVS) imagery on the head-up
display (HUD) must not degrade the safety of flight or interfere with
the effective use of outside visual references for required pilot tasks
during any phase of flight in which it is to be used.
    2. To avoid unacceptable interference with the safe and effective
use of the pilot compartment view, the EFVS device must meet the
following requirements:
    a. The EFVS design must minimize unacceptable display
characteristics or

artifacts (e.g., noise, ``burlap'' overlay, running water droplets)
that obscure the desired image of the scene, impair the pilot's ability
to detect and identify visual references, mask flight hazards, distract
the pilot, or otherwise degrade task performance or safety.
    b. Automatic control of EFVS display brightness must be
sufficiently effective, in dynamically changing background (ambient)
lighting conditions, to prevent full or partial blooming of the display
that would distract the pilot, impair the pilot's ability to detect and
identify visual references, mask flight hazards, or otherwise degrade
task performance or safety. If automatic control for image brightness
is not provided, it must be shown that a single manual setting is
satisfactory for the range of lighting conditions encountered during a
time-critical, high-workload phase of flight (e.g., low visibility
instrument approach).
    c. A readily accessible control must be provided that permits the
pilot to immediately deactivate and reactivate display of the EFVS
image on demand without removing the pilot's hands from the primary
flight controls (yoke or equivalent) or thrust control.
    d. The EFVS image on the HUD must not impair the pilot's use of
guidance information, or degrade the presentation and pilot awareness
of essential flight information displayed on the HUD, such as alerts,
airspeed, attitude, altitude and direction, approach guidance,
windshear guidance, traffic alert and collision avoidance system (TCAS)
resolution advisories, or unusual attitude recovery cues.
    e. The EFVS image and the HUD symbols, which are spatially
referenced to the pitch scale, outside view, and image, must be scaled
and aligned (i.e., conformal) to the external scene. In addition, the
EFVS image and the HUD symbols, when considered singly or in
combination, must not be misleading, cause pilot confusion or increase
workload. Airplane attitudes or crosswind conditions may cause certain
symbols (e.g., the zero-pitch line or flight path vector) to reach
field-of-view limits such that they cannot be positioned conformally
with the image and external scene. In such cases, these symbols may be
displayed but with an altered appearance, which makes the pilot aware
that they are no longer displayed conformally (for example,
``ghosting'').
    f. A HUD system used to display EFVS images must, if previously
certified, continue to meet all of the requirements of the original
approval.
    3. The safety and performance of the pilot tasks associated with
the use of the pilot compartment view must not be degraded by the
display of the EFVS image. Pilot tasks that must not be degraded by the
EFVS image include:
    a. Detection, accurate identification, and maneuvering, as
necessary, to avoid traffic, terrain, obstacles, and other hazards of
flight.
    b. Accurate identification and utilization of visual references
required for every task relevant to the phase of flight.
    4. Use of EFVS for instrument approach operations must be in
accordance with the provisions of Sec.  91.175(l) and (m) and Sec.
121.651 where applicable. Appropriate limitations must be stated in the
operating limitations section of the airplane flight manual to prohibit
the use of the EFVS for functions that have not been found to be
acceptable.

    Issued in Renton, Washington, on March 22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-8739 Filed 4-11-12; 8:45 am]
BILLING CODE 4910-13-P