[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59288-59290]
[FR Doc No: 2018-25436]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0632; Product Identifier 2017-NE-16-AD; Amendment
39-19487; AD 2018-23-01]
RIN 2120-AA64

Airworthiness Directives; Zodiac Seats France Cabin Attendant
Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Zodiac Seats France 536 Series Cabin Attendant Seats. This AD was
prompted by cracks found in a highly concentrated stress area of the
seat pan hinges. This AD requires repetitive inspections and
replacement of the seat pan. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective December 28, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 28,
2018.

ADDRESSES: For service information identified in this final rule,
contact Zodiac Seats France, Rue Robert Marechal Senior B.P. 69, 36100
Issoudun, France; phone: +33 (0) 2 54 03 39 39; fax: +33 (0) 2 54 03 39
00; email: [email protected]; internet: https://services.zodiacaerospace.com. You may view this service information at
the FAA, Engine & Propeller Standards Branch, 1200 District Avenue,
Burlington, MA, 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0632.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0632; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the mandatory continuing airworthiness information
(MCAI), the regulatory evaluation, any comments received, and other
information. The address for Docket Operations (phone:<PHONE_NUMBER>) is
U.S. Department of Transportation, Docket Operations, M-

30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC, 20590.

FOR FURTHER INFORMATION CONTACT: Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, FAA, 1200 District Avenue, Burlington, MA, 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking NPRM to amend 14 CFR part
39 by adding an AD that would apply to certain Zodiac Seats France 536
Series Cabin Attendant Seats. The NPRM published in the Federal
Register on December 22, 2017 (82 FR 60690). The NPRM was prompted by
cracks found in a highly concentrated stress area of the seat pan
hinges. The NPRM proposed to require repetitive inspections of the
affected cabin attendant seats and, depending on findings, replacement
of the seat pan. We are issuing this AD to address the unsafe condition
on these products.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2017-0001, dated January 6, 2017 (referred to after this as ``the
MCAI'') to correct an unsafe condition for the specified products. The
MCAI states:

    Cases of cracks were found on Zodiac Seats France cabin
attendant seats 536 series installed on some ATR 42 and ATR 72
aeroplanes. The detected damage was located in the area of the seat
pan hinges. Investigations identified that fatigue had caused these
cracks in a highly concentrated stress area.
    This condition, if not detected and corrected, could lead to
failure of the seat, possibly resulting in injury to the seat
occupant.
    To address this potential unsafe condition, Zodiac Seats France
issued Service Bulletin (SB) 536-25-003 to provide inspection and
replacement instructions. Consequently, EASA issued AD 2016-0164,
requiring repetitive visual inspections of the affected cabin
attendant seats and, depending on findings, replacement of the seat
pan.
    Since that AD was issued, Zodiac Seats France developed a
reinforced seat pan, and revised SB 536-25-003 accordingly. After
installation of a reinforced seat pan, the seat P/N amendment status
is updated.
    For the reason described above, this AD retains the requirements
of EASA AD 2016-0164, which is superseded, prohibits installation of
unreinforced seat pans on seats already modified, and introduces the
reinforced seat pan installation as optional terminating action for
the repetitive inspections.

    You may obtain further information by examining the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-0632.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed except
for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Zodiac Seats France Service Bulletin (SB) No. 536-25-
003, Rev. 3, dated June 2, 2017. The SB describes procedures for
inspection, modification, or replacement of the seat pan of certain
model seats known to be installed on ATR 42 and ATR 72 airplanes. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 55 seat assemblies installed on,
but not limited to, ATR 42 and ATR 72 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Seat inspection, modification, or       1.2 work-hours x $85 per          $1,500          $1,602         $88,110
 replacement.                            hour = $102.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-23-01 Zodiac Seats France (formerly SICMA Aero Seat): Amendment
39-19487; Docket No. FAA-2017-0632; Product Identifier 2017-NE-16-
AD.

(a) Effective Date

    This AD is effective December 28, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all Zodiac Seats France Cabin Attendant
Seats, 536 Series, part numbers (P/N) 53600, all dash numbers, and
all serial numbers, with seat pan P/N F0433453, installed.
    (2) These appliances are installed on, but not limited to, ATR
42 and ATR 72 airplanes of U.S. registry.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by cracks found in a highly concentrated
stress area of the seat pan hinges. We are issuing this AD to
prevent failure of affected seats. The unsafe condition, if not
addressed, could result in injury to the seat occupants.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) Before exceeding 2,500 flight cycles (FCs), or within 100
FCs after the effective date of this AD, whichever occurs later,
inspect the seat pan structure in both deployed and stowed positions
using paragraph 2.A., Accomplishment Instructions, of Zodiac Seats
France Service Bulletin (SB) No. 536-25-003, Rev. 3, dated June 2,
2017.
    (2) If cracks are found, before the next flight:
    (i) Replace seat pan with reinforced seat pan, P/N F0511530,
using paragraph 2.B., Accomplishment Instructions, of Zodiac Seats
France SB No. 536-25-003, Rev. 3, dated June 2, 2017.
    (ii) Re-mark the seat using paragraph 2.C., Accomplishment
Instructions, of Zodiac Seats France SB No. 536-25-003, Rev. 3,
dated June 2, 2017.
    (3) If no cracks are found, do the following:
    (i) Re-mark the seat using paragraph 2.C., Accomplishment
Instructions, of Zodiac Seats France SB No. 536-25-003, Rev. 3,
dated June 2, 2017.
    (ii) Reinspect the seat pan every 100 FCs since last inspection,
or replace seat pan with reinforced seat pan, P/N F0511530, using
paragraph 2.B., Accomplishment.
    Instructions, of Zodiac Seats France SB No. 536-25-003, Rev. 3,
dated June 2, 2017.
    (4) After the effective date of this AD, and until compliance
with this AD is accomplished, stow and secure an affected attendant
seat in the retracted position to prevent occupancy, in accordance
with the provisions and limitations of the applicable Master Minimum
Equipment List item.

(h) Optional Terminating Action

    Installation of a reinforced seat pan, P/N F0511530, using
paragraph 2.B., Accomplishment Instructions, of Zodiac Seats France
SB No. 536-25-003, Rev. 3, dated June 2, 2017, is terminating action
to this AD.

(i) Credit for Previous Actions

    You may take credit for inspections and modifications performed
in accordance with Zodiac Seats France SB No. 536-25-003, Rev. 2,
dated September 16, 2016, or earlier versions, if you performed
these actions before the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Boston ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO Branch, send it to the attention of the person
identified in paragraph (k)(1) of this AD. You may email your
request to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For more information about this AD, contact Dorie Resnik,
Aerospace Engineer, Boston ACO Branch, FAA, 1200 District Avenue,
Burlington, MA, 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Refer to MCAI EASA AD 2017-0001, dated January 6, 2017, for
more information. You may examine the MCAI in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
it in Docket No. FAA-2017-0632.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Zodiac Seats France Service Bulletin No. 536-25-003, Rev. 3,
dated June 2, 2017.
    (ii) [Reserved.]
    (3) For Zodiac Seats France service information identified in
this AD, contact Zodiac Seats France, Rue Robert Marechal Senior
B.P. 69, 36100 Issoudun, France; phone: +33 (0) 2 54 03 39 39; fax:
+33 (0) 2 54 03 39 00; email: [email protected]; internet:
https://services.zodiacaerospace.com.
    (4) You may view this service information at FAA, Engine &
Propeller Standards Branch, 1200 District Avenue, Burlington, MA,
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Burlington, Massachusetts, on November 16, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-25436 Filed 11-21-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40117-40118]
[FR Doc No: 2019-17237]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-507, OMB Control No. 3235-0563]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street, NE, Washington, DC
20549-2736

Extension:
    Rule 17a-10

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA'') the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Section 17(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
1 et seq.) (the ``Act''), generally prohibits affiliated persons of a
registered investment company (``fund'') from borrowing money or other
property from, or selling or buying securities or other property to or
from, the fund or any company that the fund controls.\1\ Section
2(a)(3) of the Act defines ``affiliated person'' of a fund to include
its investment advisers.\2\ Rule 17a-10 (17 CFR 270.17a-10) permits (i)
a subadviser \3\ of a fund to enter into transactions with funds the
subadviser does not advise but that are affiliated persons of a fund
that it does advise (e.g., other funds in the fund complex), and (ii) a
subadviser (and its affiliated persons) to enter into transactions and
arrangements with funds the subadviser does advise, but only with
respect to discrete portions of the subadvised fund for which the
subadviser does not provide investment advice.
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    \1\ 15 U.S.C. 80a-17(a).
    \2\ 15 U.S.C. 80a-2(a)(3)(E).
    \3\ As defined in rule 17a-10(b)(2). 17 CFR 270.17a-10(b)(2).
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    To qualify for the exemptions in rule 17a-10, the subadvisory
relationship must be the sole reason why section 17(a) prohibits the
transaction. In addition, the advisory contracts of the subadviser
entering into the transaction, and any subadviser that is advising the
purchasing portion of the fund, must prohibit the subadvisers from
consulting with each other concerning securities transactions of the
fund, and limit their responsibility to providing advice with respect
to discrete portions of the fund's portfolio.\4\ This requirement
regarding the prohibitions and limitations in advisory contracts of
subadvisers relying on the rule constitutes a collection of information
under the PRA.\5\
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    \4\ 17 CFR 270.17a-10(a)(2).
    \5\ 44 U.S.C. 3501.
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    The staff assumes that all existing funds with subadvisory
contracts amended those contracts to comply with the adoption of rule
17a-10 in 2003, which conditioned certain exemptions upon these
contractual alterations, and therefore there is no continuing burden
for those funds.\6\ However, the staff assumes that all newly formed
subadvised funds, and funds that enter into new contracts with
subadvisers, will incur the one-time burden by amending their contracts
to add the terms required by the rule.
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    \6\ Transactions of Investment Companies With Portfolio and
Subadviser Affiliates, Investment Company Act Release No. 25888
(Jan. 14, 2003) [68 FR 3153, (Jan. 22, 2003)]. We assume that funds
formed after 2003 that intended to rely on rule 17a-10 would have
included the required provision as a standard element in their
initial subadvisory contracts.
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    Based on an analysis of fund filings, the staff estimates that
approximately 221 funds enter into new subadvisory agreements each
year.\7\ Based on discussions with industry representatives, the staff
estimates that it will require approximately 3 attorney hours to draft
and execute additional clauses in new subadvisory contracts in order
for funds and subadvisers to be able to rely on the exemptions in rule
17a-10. Because these additional clauses are identical to the clauses
that a fund would need to insert in their subadvisory contracts to rely
on rules 10f-3 (17 CFR 270.10f-3), 12d3-1 (17 CFR 270.12d3-1), and 17e-
1 (17 CFR 270.17e-1), and because we believe that funds that use one
such rule generally use all of these rules, we apportion this 3 hour
time burden equally among all four rules. Therefore, we estimate that
the burden allocated to rule 17a-10 for this contract change would be
0.75 hours.\8\ Assuming that all 221 funds that enter into new
subadvisory contracts each year make the modification to their contract
required by the rule, we estimate that the rule's contract modification
requirement will result in 166 burden hours annually, with an
associated cost of approximately $68,890.\9\
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    \7\ Based on data from Morningstar, as of March 2019, there are
12,407 registered funds (open-end funds, closed-end funds (including
interval funds), and exchange-traded funds), 4,609 funds of which
have subadvisory relationships (approximately 37%). Based on data
from the 2019 ICI publications, 597 new funds were established in
2018 (582 open-end funds and exchange-traded funds (from the 2019
ICI Fact Book) + 15 closed-end funds (from the ICI Research
Perspective, April 2019)). 597 new funds x 37% = 221 funds.
    \8\ This estimate is based on the following calculation: 3 hours
/ 4 rules = 0.75 hours.
    \9\ These estimates are based on the following calculations:
(0.75 hours x 221 portfolios = 166 burden hours); ($415 per hour x
166 hours = $68,890 total cost). The Commission's estimates
concerning the wage rates for attorney time are based on salary
information for the securities industry compiled by the Securities
Industry and Financial Markets Association. The estimated wage
figure is based on published rates for in-house attorneys, modified
to account for a 1,800-hour work-year and inflation, and multiplied
by 5.35 to account for bonuses, firm size, employee benefits, and
overhead, yielding an effective hourly rate of $415. See Securities
Industry and Financial Markets Association, Report on Management &
Professional Earnings in the Securities Industry 2013.
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    The estimate of average burden hours is made solely for the
purposes of the PRA. The estimate is not derived from a comprehensive
or even a representative survey or study of the costs of Commission
rules. Complying with this collection of information requirement is
necessary to obtain the benefit of relying on rule 17a-10. Responses
will not be kept confidential. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.

    Please direct your written comments to Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
C/O Candace Kenner, 100 F Street NE, Washington, DC 20549; or send an
email to<EMAIL_ADDRESS>
    Dated: August 7, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-17237 Filed 8-12-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Rules and Regulations]
[Pages 34798-34800]
[FR Doc No: 2012-14219]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0404]
RIN 1625-AA00

Safety Zone; USMMA Fireworks, Long Island Sound, Kings Point, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Long Island Sound in the vicinity of Kings Point,
NY for a fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of Long Island Sound before, during, and immediately after
the fireworks event.

DATES: This rule will be effective from 9:00 p.m. on June 16, 2012
until 10:08 p.m. on June 17, 2012. This rule will be enforced from 9:00
p.m. until 10:08 p.m. on June 16, 2012, with a rain date of June 17,
2012 from 9:00 p.m. until 10:08 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0404]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information about the
event was not received in time to publish a NPRM followed by a final
rule before the effective date, thus making the publication of a NPRM
impractical. The Coast Guard received the information about the event
on May 3, 2012. Any delay encountered in this regulation's effective
date by publishing a NPRM would be contrary to public interest, since
immediate action is needed to provide for the safety of life and
property on navigable waters from the hazards associated with fireworks
including unexpected detonation and burning debris.
    The event sponsor advised that the event is in correlation with the
graduation ceremony of the United

States Merchant Marine Academy, where the graduating class, faculty,
and family members are anticipating this event taking place as
scheduled, therefore the sponsor is unable to cancel or delay the event
date. In addition, any change to the date of the event would cause
economic hardship on the event sponsor, negatively impacting other
activities being held in conjunction with the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The rule must become effective on
the date specified in order to provide for the safety of spectators and
vessels operating in the area near this event. Delaying the effective
date of this rule would be contrary to the public interest and would
expose spectators, vessels to the hazards associated with the fireworks
event. Also a delay or cancellation of the fireworks event in order to
allow for the publication in the Federal Register is contrary to the
public's interest in having this event occur as scheduled.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display. The safety zone will be enforced starting at 9:00 p.m. which
is a half hour before the launch time in order to ensure the barge can
safely get in position. The fireworks launch will begin at 9:30 p.m.
and last for approximately 8 minutes. The zone will continue to be
enforced for 30 minutes after the display as a cool down for the barge,
to ensure the safe movement as it transits back to homeport.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone on the waters of Long
Island Sound in the vicinity of Kings Point, NY. All persons and
vessels shall comply with the instructions of the COTP New York or the
designated representative during the enforcement of the temporary
safety zone. Entering into, transiting through, or anchoring within the
temporary safety zone is prohibited unless authorized by the COTP New
York, or the designated representative.
    Based on the inherent hazards associated with fireworks, the
Captain of the Port (COTP) New York has determined that fireworks
launches in close proximity to water crafts pose a significant risk to
public safety and property. The combination of increased number of
recreational vessels, congested waterways, darkness punctuated by
bright flashes of light, and debris especially burning debris falling
on passing or spectator vessels has the potential to result in serious
injuries or fatalities. This temporary safety zone will restrict
vessels from a portion of the Long Island Sound around the location of
the fireworks launch platform before, during, and immediately after the
fireworks display.
    The Coast Guard determined that this regulated area will not have a
significant impact on vessel traffic due to its temporary nature and
limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
    Advanced public notifications will also be made to the local
maritime community through appropriate means, which will include, but
is not limited to, the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for approximately 70 minutes. Due to the location, vessels
will be able to transit around the zone in a safe manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the navigable waters in the vicinity
of the marine event during the effective period.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for 68 minutes; late at night when vessel
traffic is low. Vessel traffic could pass safely around the safety
zone. Before the effective period, the Coast Guard will issue maritime
advisories widely available to users of the waterway.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and

the States, or on the distribution of power and responsibilities among
the various levels of government. We have analyzed this rule under that
Order and determined that this rule does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T01-0404 to read as follows:

Sec.  165.T01-0404  Safety Zone; USMMA Fireworks, Long Island Sound,
Kings Point, NY.

    (a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of the Long Island Sound within a 164-yard radius
of the fireworks barge located in approximate position
40[deg]48'44.69'' N, 073[deg]46'7.69'' W, in the vicinity of Kings
Point, NY, approximately 300-yards west of the Kings Point Marina.
    (b) Effective Dates and Enforcement Periods. This rule will be
effective from 9:00 p.m. on June 16, 2012 until 10:08 p.m. on June 17,
2012. This rule will be enforced from 9:00 p.m. until 10:08 p.m. on
June 16, 2012, with a rain date of June 17, 2012 from 9:00 p.m. until
10:08 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light, or other means, the
operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.

    Dated: May 28, 2012.
G.P. Hitchen,
Captain, U.S. Coast Guard, Acting Captain of the Port New York.
[FR Doc. 2012-14219 Filed 6-11-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Rules and Regulations]
[Pages 21037-21043]
[FR Doc No: 2013-08156]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0317; Special Conditions No. 25-487-SC]

Special Conditions: Airbus Model A330-200 Airplanes; Bulk Cargo
Lower Deck Crew Rest Compartments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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

SUMMARY: These special conditions are issued for the Airbus Model A330-
200 airplane. This airplane as modified by TTF Aerospace LLC will have
a novel or unusual design feature associated with the installation of
bulk cargo lower deck crew rest compartments. 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 April 3, 2013.
We must receive your comments by May 24, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0317
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/ 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: Alan Sinclair, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
unnecessary because 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 by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On May 19, 2011, TTF Aerospace LLC applied for a supplemental type
certificate to install a bulk cargo lower deck crew rest compartment in
the Airbus Model A330-200 airplane. The Airbus Model A330-200 airplane
is a wide-body, twin engine jet airplane. Operating this model requires
two pilots. Model A330-200 airplanes that carry up to 375 passengers
have three pairs of Type A exits, and one pair of Type 1 exits, and
Model A330-200 airplanes that carry up to 379 passengers have four
pairs of Type A exits. Versions of the Model A330

airplanes have a range of 4,000 to 7,250 nautical miles and can carry
150,000 pounds of cargo.

Type Certification Basis

    Under the provisions of Sec.  21.101, TTF Aerospace LLC must show
that the Airbus Model A330-200, as changed, continues to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate No. A46NM 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 in A46NM are as follows: 14 CFR part 25, as amended by
Amendments 25-1 through 25-63; certain regulations at later Amendments
25-65, 25-66, and 25-68, 25-69, 25-73, 25-75, 25-77, 25-78, 25-81, 25-
82, 25-84, and 25-85 with exceptions. Refer to Type Certificate Data
Sheet A46NM, as applicable, for a complete description of the
certification basis for these models, including certain special
conditions and equivalent safety findings that are not relevant to
these proposed 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 Model A330-200 airplane 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 Airbus Model A330-200 airplanes 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 Airbus Model A330-200 will incorporate the following novel or
unusual design features: bulk cargo lower deck crew rest compartments.
    While the installation of the crew rest compartment is not a new
concept for large transport category airplane, each crew rest
compartment has unique features based on design, location, and use on
the airplane. The bulk cargo lower deck crew rest (BCCR) compartment is
novel in terms of part 25 in that it will be located under the
passenger cabin floor in the aft cargo compartment of Airbus Model
A330-200 series airplanes. Due to the novel or unusual features
associated with the installation of a BCCR compartment, special
conditions are considered necessary to provide a level of safety equal
to that established by the airworthiness regulations incorporated by
reference in the type certificates of these airplanes. It will be the
size of the aft section of the bulk cargo loading area and will be
optional for removal from the cargo compartment. The BCCR compartment
will be occupied in flight but not during taxi, take off, or landing.
No more than eight crew members at a time will be permitted to occupy
it. The BCCR compartment will have a built in smoke detection system,
an oxygen system, and decompression warning system that all connect to
the main cabin and cockpit.
    The BCCR compartment will be accessed from the main deck via a
``stair house.'' The floor within the stair house has a hatch that
leads to stairs which occupants use to descend into the BCCR
compartment. An interface will keep this hatch open when the stair
house door is open. In addition, an emergency hatch opens directly into
the main passenger cabin. The BCCR has access panels to allow the crew
to perform maintenance without removal of the crew rest compartment.
    This installation of BCCR is similar to the installation of Lower
Deck Mobile Crew Rest (LD-MCR) on Airbus Model A330 and 340 series
airplanes for which Special Conditions No. 25-281-SC were issued on
December 29, 2004. The currently installed LD-MCR will be removed and
the BCCR will be installed in the aft lower lobe of the airplane. The
BCCR occupies the entire bulk baggage compartment.

Discussion

    The applicant should note that the FAA considers smoke or fire
detection and fire suppression systems (including airflow management
features which prevent hazardous quantities of smoke or fire
extinguishing agent from entering any other compartment occupied by
crew members or passengers) for crew rest compartments complex in terms
of paragraph 6d of Advisory Circular (AC) 25.1309-1A, System Design and
Analysis, dated June 21, 1988. In addition, the FAA considers failure
of the crew rest compartment fire protection system (i.e., smoke or
fire detection and fire suppression systems) in conjunction with a crew
rest fire to be a catastrophic event. Based on the ``Depth of Analysis
Flowchart'' shown in Figure 2 of AC 25.1309-1A, the depth of analysis
should include both qualitative and quantitative assessments. Refer to
paragraphs 8d, 9, and 10 of AC 25.1309-1A. In addition, it should be
noted that flammable fluids, explosives, or other dangerous cargo are
prohibited from being carried in the crew rest areas.
    The requirements to enable crew members' quick entry to the crew
rest compartment and to locate a fire source inherently places limits
on the amount of baggage that may be carried and the size of the crew
rest area. The FAA considers that the crew rest area must be limited to
the stowage of crew personal luggage and must not be used for the
stowage of cargo or passenger baggage. The design of such a system to
include cargo or passenger baggage would require additional
requirements to ensure safe operation.
    The addition of galley equipment or a kitchenette incorporating a
heat source (e.g., cook tops, microwaves, coffee pots, etc.), other
than a conventional lavatory or kitchenette hot water heater, within
the BCCR compartment defined in the ``Novel or Unusual Design
Features'' section, may require further Special Conditions to be
considered. A hot water heater is acceptable without further Special
Conditions consideration.

Operational Evaluations and Approval

    In lieu of a type design placard indicating the operational
qualification of the crew rest compartment, the following Operational
Evaluation and Approval process must be followed.
    These special conditions outline requirements for flight crew and
cabin crew rest compartment design approvals (e.g., type design change
or supplemental type certificate) administered by the FAA's Aircraft
Certification Service. Prior to operational use of a flight (cabin)
crew rest compartment, the FAA's Flight Standards Service must evaluate
for operational suitability the flight (cabin) crew sleeping quarters
and rest facilities. Refer to Sec. Sec.  91.1061(b)(1), 121.485(a),
121.523(b), and 135.269(b)(5).
    Compliance with these special conditions does not ensure that the
applicant has demonstrated compliance

with the requirements of 14 CFR parts 91, 121, or 135.
    To obtain an operational evaluation, the type design holder must
contact the appropriate Aircraft Evaluation Group (AEG) in the Flight
Standards Service and request an evaluation for operational suitability
of the flight crew sleeping quarters in their crew rest facility.
Results of these evaluations should be documented and appended to the
applicable Flight Standardization Board (FSB) Report. Individual
operators may reference these standardized evaluations in discussions
with their FAA Principal Operating Inspector (POI) as the basis for an
operational approval, in lieu of an on-site operational evaluation.
    Any changes to the approved flight (cabin) crew rest compartment
configuration that affect crew member emergency egress or any other
procedures affecting the safety of the occupying crewmembers and/or
related training shall require a re-evaluation and approval. In the
event of any design change that affects egress, safety procedures, or
training, the applicant is responsible for notifying the FAA's AEG that
a new crew rest facility evaluation is required.
    All instructions for continued airworthiness (ICAs) will be
submitted to the Seattle AEG for approval acceptance, including service
bulletins, before issuance of the FAA modification approval.
    Amendment 25-38 modified the requirements of Sec.  25.1439(a) by
adding, ``In addition, protective breathing equipment must be installed
in each isolated separate compartment in the airplane. Including upper
and lower lobe galleys, in which crew member occupancy is permitted
during flight for the maximum number of crew members expected to be in
the area during any operation.'' The BCCR compartment is an isolated
separate compartment, so Sec.  25.1439(a) is applicable. However, the
Sec.  25.1439(a) protective breathing equipment (PBE) requirements for
isolated separate compartments are not appropriate because the BCCR is
novel and unusual in terms of the number of occupants.
    In 1976, when Amendment 25-38 was adopted, small galleys were the
only isolated compartments that had been certificated. Two crewmembers
were the maximum expected to occupy those galleys.
    This crew rest compartment can accommodate up to eight crew
members. This large number of occupants in an isolated compartment was
not envisioned at the time Amendment 25-38 was adopted. It is not
appropriate for all occupants to don PBEs in the event of a fire
because the first action should be to leave the confined space unless
the occupant is fighting the fire. Taking the time to don the PBE would
prolong the time for the emergency evacuation of the occupants and
possibly interfere with efforts to extinguish the fire. This special
condition therefore provides procedures that establish a level of
safety equivalent to the PBE requirements.
    For all of the areas discussed above, 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.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A330-200. Should TTF Aerospace LLC apply at a later date
for a supplemental type certificate to modify any other model included
on Type Certificate No. A46NM 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 one model of airplanes. It is not a rule of general applicability
and 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, the FAA has determined
that prior public notice and comment are unnecessary, 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 Airbus Model A330-200 airplanes
modified by TTF Aerospace LLC. The FAA formulated the proposed Special
Conditions for the A330-200 bulk cargo lower deck crew rest (BCCR)
compartment from previous requirements established for various
airplanes. The BCCR compartment must meet the following requirements.
    1. Occupancy of the BCCR compartment is limited to the total number
of installed bunks and seats in that compartment. There must be an
approved seat or berth able to withstand the maximum flight loads when
occupied for each occupant permitted in the crew rest compartment. The
maximum occupancy is eight in the BCCR compartment.
    (a) There must be appropriate placards displayed in a conspicuous
place at each entrance to the BCCR compartment to indicate:
    (1) The maximum number of occupants allowed;
    (2) That occupancy is restricted to crew members that are trained
in the evacuation procedures for the crew rest compartment;
    (3) That occupancy is prohibited during taxi, take-off and landing;
    (4) That smoking is prohibited in the crew rest compartment;
    (5) That hazardous quantities of flammable fluids, explosives, or
other dangerous cargo are prohibited in the crew rest compartment.
    (6) That the crew rest area must be limited to the stowage of crew
personal luggage and must not be used for the stowage of cargo or
passenger baggage.
    (b) There must be at least one ashtray located conspicuously on or
near the entry side of any entrance to the crew rest compartment.
    (c) There must be a means to prevent passengers from entering the
compartment in the event of an emergency or when no flight attendant is
present.
    (d) There must be a means for any door installed between the crew
rest compartment and passenger cabin to be capable of being quickly
opened from inside the compartment, even when crowding occurs at each
side of the door.
    (e) For all doors installed in the evacuation routes, there must be
a means to preclude anyone from being trapped inside the compartment.
If a locking mechanism is installed, it must be capable of being
unlocked from the

outside without the aid of special tools. The lock must not prevent
opening from the inside of the compartment at any time.
    2. There must be at least two emergency evacuation routes, which
could be used by each occupant of the crew rest compartment to rapidly
evacuate to the main cabin and be able to be closed from the main
passenger cabin after evacuation. In addition--
    (a) The routes must be located with one at each end of the
compartment, or with two having sufficient separation within the
compartment and between the routes to minimize the possibility of an
event (either inside or outside of the crew rest compartment) rendering
both routes inoperative.
    (b) The routes must be designed to minimize the possibility of
blockage, which might result from fire, mechanical or structural
failure, or persons standing on top of or against the escape route. If
an evacuation route uses an area where normal movement of passengers
occurs, it must be demonstrated that passengers would not impede egress
to the main deck. If a hatch is installed in an evacuation route, the
point at which the evacuation route terminates in the passenger cabin
should not be located where normal movement by passengers or crew
occurs (main aisle, cross aisle, passageway, or galley complex). If
such a location cannot be avoided, special consideration must be taken
to ensure that the hatch or door can be opened when a person, the
weight of a ninety-fifth percentile male, is standing on the hatch or
door. The use of evacuation routes must not be dependent on any powered
device. If there is low headroom at or near an evacuation route,
provisions must be made to prevent or to protect occupants (of the crew
rest area) from head injury.
    (c) Emergency evacuation procedures, including the emergency
evacuation of an incapacitated occupant from the crew rest compartment,
must be established. All of these procedures must be transmitted to the
operator for incorporation into their training programs and appropriate
operational manuals.
    (d) There must be a limitation in the Airplane Flight Manual or
other suitable means requiring that crew members be trained in the use
of evacuation routes.
    3. There must be a means for the evacuation of an incapacitated
person (representative of a 95th percentile male) from the crew rest
compartment to the passenger cabin floor.
    The evacuation must be demonstrated for all evacuation routes. A
flight attendant or other crew member (a total of one assistant within
the crew rest area) may provide assistance in the evacuation.
Additional assistance may be provided by up to three persons in the
main passenger compartment. For evacuation routes having stairways, the
additional assistants may descend down to one half the elevation
changes from the main deck to the lower deck compartment, or to the
first landing, whichever is higher.
    4. The following signs and placards must be provided in the crew
rest compartment:
    (a) At least one exit sign, located near each exit, meeting the
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58, except that a
sign with reduced background area of no less than 5.3 square inches
(excluding the letters) may be used, provided that it is installed such
that the material surrounding the exit sign is light in color (e.g.,
white, cream, or light beige). If the material surrounding the exit
sign is not light in color, a sign with a minimum of a one-inch wide
background border around the letters would also be acceptable;
    (b) An appropriate placard located near each exit defining the
location and the operating instructions for each evacuation route;
    (c) Placards must be readable from a distance of 30 inches under
emergency lighting conditions; and
    (d) The exit handles and evacuation path operating instruction
placards must be illuminated to at least 160 microlamberts under
emergency lighting conditions.
    5. There must be a means in the event of failure of the aircraft's
main power system, or of the normal crew rest compartment lighting
system, for emergency illumination to be automatically provided for the
crew rest compartment.
    (a) This emergency illumination must be independent of the main
lighting system.
    (b) The sources of general cabin illumination may be common to both
the emergency and the main lighting systems if the power supply to the
emergency lighting system is independent of the power supply to the
main lighting system.
    (c) The illumination level must be sufficient for the occupants of
the crew rest compartment to locate and transfer to the main passenger
cabin floor by means of each evacuation route.
    (d) The illumination level must be sufficient with the privacy
curtains in the closed position for each occupant of the crew rest
compartment to locate a deployed oxygen mask.
    6. There must be means for two-way voice communications between
crew members on the flight deck and occupants of the crew rest
compartment. There must also be public address system microphones at
each flight attendant seat required to be near a floor level exit in
the passenger cabin per Sec.  25.785(h) at Amendment 25-51 which allows
two-way voice communications between flight attendants and the
occupants of the crew rest compartment, except that one microphone may
serve more than one exit provided the proximity of the exits allow
unassisted verbal communication between seated flight attendants.
    7. There must be a means for manual activation of an aural
emergency alarm system, audible during normal and emergency conditions,
to enable crew members on the flight deck and at each pair of required
floor level emergency exits to alert occupants of the crew rest
compartment of an emergency situation. Use of a public address or crew
interphone system will be acceptable, provided an adequate means of
differentiating between normal and emergency communications is
incorporated. The system must be powered in flight, after the shutdown
or failure of all engines and auxiliary power units (APU), or the
disconnection or failure of all power sources dependent on their
continued operation (i.e., engine and APU), for a period of at least
ten minutes.
    8. There must be a means, readily detectable by seated or standing
occupants of the crew rest compartment, which indicates when seat belts
should be fastened. In the event there are no seats, at least one means
must be provided to cover anticipated turbulence (e.g., sufficient
handholds). Seat belt type restraints must be provided for berths and
must be compatible for the sleeping attitude during cruise conditions.
There must be a placard on each berth requiring that seat belts must be
fastened when occupied. If compliance with any of the other
requirements of these special conditions is predicated on specific head
location, there must be a placard identifying the head position.
    9. In lieu of the requirements specified in Sec.  25.1439(a) at
Amendment 25-38 that pertain to isolated compartments and to provide a
level of safety equivalent to that which is provided occupants of a
small isolated galley, the following equipment must be provided in the
crew rest compartment:
    (a) At least one approved hand-held fire extinguisher appropriate
for the kinds of fires likely to occur;

    (b) Two protective breathing equipment (PBE) devices approved to
Technical Standard Order (TSO)-C116 or equivalent, suitable for fire
fighting, or one PBE for each hand-held fire extinguisher, whichever is
greater; and
    (c) One flashlight.

    Note:  Additional PBEs and fire extinguishers in specific
locations, (beyond the minimum numbers prescribed in special
condition 9) may be required as a result of any egress analysis
accomplished to satisfy special condition 2(a).

    10. A smoke or fire detection system (or systems) must be provided
that monitors each occupiable area within the crew rest compartment,
including those areas partitioned by curtains. Flight tests must be
conducted to show compliance with this requirement. Each system must
provide:
    (a) A visual indication to the flight deck within one minute after
the start of a fire;
    (b) An aural warning in the crew rest compartment; and
    (c) A warning in the main passenger cabin. This warning must be
readily detectable by a flight attendant, taking into consideration the
positioning of flight attendants throughout the main passenger
compartment during various phases of flight.
    11. The crew rest compartment must be designed such that fires
within the compartment can be controlled without a crew member having
to enter the compartment, or the design of the access provisions must
allow crew members equipped for fire fighting to have unrestricted
access to the compartment. The time for a crew member on the main deck
to react to the fire alarm, to don the fire fighting equipment, and to
gain access must not exceed the time for the compartment to become
smoke-filled, making it difficult to locate the fire source. Procedures
describing methods to search the crew rest compartments for fire
sources(s) must be established. These procedures must be transmitted to
the operator for incorporation into their training programs and
appropriate operational manuals.
    12. There must be a means provided to exclude hazardous quantities
of smoke or extinguishing agent originating in the crew rest
compartment from entering any other compartment occupied by crew
members or passengers. This means must include the time periods during
the evacuation of the crew rest compartment and, if applicable, when
accessing the crew rest compartment to manually fight a fire. Smoke
entering any other compartment occupied by crew members or passengers
when the access to the crew rest compartment is opened, during an
emergency evacuation, must dissipate within five minutes after the
access to the crew rest compartment is closed. Hazardous quantities of
smoke may not enter any other compartment occupied by crew members or
passengers during subsequent access to manually fight a fire in the
crew rest compartment (the amount of smoke entrained by a firefighter
exiting the crew rest compartment through the access is not considered
hazardous). During the 1-minute smoke detection time, penetration of a
small quantity of smoke from the crew rest compartment into an occupied
area is acceptable. Flight tests must be conducted to show compliance
with this requirement.
    There must be a provision in the firefighting procedures to ensure
that all door(s) and hatch(es) at the crew rest compartment outlets are
closed after evacuation of the crew rest compartment and during
firefighting to minimize smoke and extinguishing agent from entering
other occupiable compartments.
    If a built-in fire extinguishing system is used in lieu of manual
fire fighting, then the fire extinguishing system must be designed so
that no hazardous quantities of extinguishing agent will enter other
compartments occupied by passengers or crew. The system must have
adequate capacity to suppress any fire occurring in the crew rest
compartment, considering the fire threat, volume of the compartment,
and the ventilation rate.
    13. There must be a supplemental oxygen system within the crew rest
compartment as follows:
    (a) There must be at least one mask for each seat, and berth in the
crew rest compartment.
    (b) If a destination area (such as a changing area) is provided in
the BCCR compartment, then there must be an oxygen mask readily
available for each occupant that can reasonably be expected to be in
the destination area (with the maximum number of required masks within
the destination area being limited to the placarded maximum occupancy
of the crew rest compartment).
    (c) There must also be an oxygen mask readily accessible to each
occupant that can reasonably be expected to be either transitioning
from the main cabin into the crew rest compartment, transitioning
within the crew rest compartment, or transitioning from the crew rest
compartment to the main cabin.
    (d) The system must provide an aural and visual alert to warn the
occupants of the BCCR compartment to don oxygen masks in the event of
decompression. The aural and visual alerts must activate concurrently
with the deployment of the oxygen masks in the passenger cabin. To
compensate for sleeping occupants, the aural alert must be heard in
each section of the BCCR compartment and must sound continuously for a
minimum of five minutes or until a reset switch within the BCCR
compartment is activated. A visual alert that informs occupants that
they must don an oxygen mask must be visible in each section.
    (e) There must also be a means by which the oxygen masks can be
manually deployed from the flight deck.
    (f) Procedures for occupants in the crew rest compartment in the
event of decompression must be established. These procedures must be
transmitted to the operator for incorporation into their training
programs and appropriate operational manuals.
    (g) The supplemental oxygen system for the crew rest compartment
shall meet the same 14 CFR part 25 regulations as the supplemental
oxygen system for the passenger cabin occupants except for the 10
percent additional masks requirement of 14 CFR 25.1447(c)(1).
    (h) The illumination level of the normal BCCR compartment lighting
system must automatically be sufficient for each occupant of the
compartment to locate a deployed oxygen mask.
    14. The following additional requirements apply to crew rest
compartments that are divided into several sections by the installation
of curtains or partitions:
    (a) To compensate for sleeping occupants, there must be an aural
alert that can be heard in each section of the crew rest compartment
that accompanies automatic presentation of supplemental oxygen masks.
Supplemental oxygen must meet the requirements of Special Condition no.
13.
    (b) A placard is required adjacent to each curtain that visually
divides or separates, for privacy purposes, the crew rest compartment
into small sections. The placard must require that the curtain(s)
remains open when the private section it creates is unoccupied.
    (c) For each section in the crew rest compartment that is created
by the installation of a curtain, the following requirements of these
Special Conditions must be met with the curtain open or closed:
    (1) Emergency illumination (Special Condition no. 5);

    (2) Emergency alarm system (Special Condition no. 7);
    (3) Seat belt fasten signal or return to seat signal as applicable
(Special Condition no. 8); and
    (4) The smoke or fire detection system (Special Condition no. 10).
    (d) Crew rest compartments visually divided to the extent that
evacuation could be affected must have exit signs that direct occupants
to the primary stairway exit. The exit signs must be provided in each
separate section of the crew rest compartment, and they must meet the
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58. An exit sign
with reduced background area as described in Special Condition No.
4.(a) may be used to meet this requirement.
    (e) For sections within a crew rest compartment that are created by
the installation of a partition with a door separating the sections,
the following requirements of these Special Conditions must be met with
the door open or closed:
    (1) There must be a secondary evacuation route from each section to
the main deck, or alternatively, it must be shown that any door between
the sections has been designed to preclude anyone from being trapped
inside the compartment. Removal of an incapacitated occupant within
this area must be considered. A secondary evacuation route from a small
room designed for only one occupant for short time duration, such as a
changing area or lavatory, is not required. However, removal of an
incapacitated occupant within this area must be considered.
    (2) Any door between the sections must be shown to be openable when
crowded against, even when crowding occurs at each side of the door.
    (3) There may be no more than one door between any seat or berth
and the primary stairway exit.
    (4) There must be exit signs in each section meeting the
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58 that direct
occupants to the primary stairway exit. An exit sign with reduced
background area as described in Special Condition No. 4.(a) may be used
to meet this requirement.
    (5) Special Conditions No. 5 (emergency illumination), No. 7
(emergency alarm system), No. 8 (fasten seat belt signal or return to
seat signal as applicable) and No. 10 (smoke or fire detection system)
must be met with the door open or closed.
    (6) Special Conditions No. 6 (two-way voice communication) and No.
9 (emergency fire fighting and protective equipment) must be met
independently for each separate section except for lavatories or other
small areas that are not intended to be occupied for extended periods
of time,
    15. Where a waste disposal receptacle is fitted, it must be
equipped with a built-in fire extinguisher designed to discharge
automatically upon occurrence of a fire in the receptacle.
    16. Materials (including finishes or decorative surfaces applied to
the materials) must comply with the flammability requirements of Sec.
25.853 at Amendment 25-66. Mattresses must comply with the flammability
requirements of Sec.  25.853(b) and (c) at Amendment 25-66.
    17. The addition of a lavatory within the crew rest compartment
would require the lavatory to meet the same requirements as those for a
lavatory installed on the main deck except with regard to Special
Condition 10 for smoke detection.
    18. When a crew rest compartment is installed or enclosed as a
removable module in part of a cargo compartment or is located directly
adjacent to a cargo compartment without an intervening cargo
compartment wall, the following applies:
    (a) Any wall of the module (container) forming part of the boundary
of the reduced cargo compartment, subject to direct flame impingement
from a fire in the cargo compartment and including any interface item
between the module (container) and the airplane structure or systems,
must meet the applicable requirements of Sec.  25.855 at Amendment 25-
60.
    (b) Means must be provided so that the fire protection level of the
cargo compartment meets the applicable requirements of Sec. Sec.
25.855 at Amendment 25-60, 25.857 at Amendment 25-60 and 25.858 at
Amendment 25-54 when the module (container) is not installed.
    (c) Use of each emergency evacuation route must not require
occupants of the crew rest compartment to enter the cargo compartment
in order to return to the passenger compartment.
    (d) The aural warning in Special Condition 7 must sound in the crew
rest compartment in the event of a fire in the cargo compartment.
    19. Means must be provided to prevent access into the Class C cargo
compartment during all airplane operations and to ensure that the
maintenance door is closed during all airplane flight operations.
    20. All enclosed stowage compartments within the crew rest
compartment that are not limited to stowage of emergency equipment or
airplane supplied equipment (e.g., bedding) must meet the design
criteria given in the table below. As indicated by the table below,
enclosed stowage compartments greater than 200 ft\3\ in interior volume
are not addressed by this Special Condition. The in-flight
accessibility of very large enclosed stowage compartments and the
subsequent impact on the crew members' ability to effectively reach any
part of the compartment with the contents of a hand fire extinguisher
will require additional fire protection considerations similar to those
required for inaccessible compartments such as Class C cargo
compartments.

----------------------------------------------------------------------------------------------------------------
                                                         Stowage compartment interior volumes
      Fire protection features      ----------------------------------------------------------------------------
                                       less than 25 ft\3\    25 ft\3\ to 57 ft\3\      57 ft\3\ to 200 ft\3\
----------------------------------------------------------------------------------------------------------------
Materials of Construction \1\......  Yes..................  Yes..................  Yes
Detectors \2\......................  No...................  Yes..................  Yes
Liner \3\..........................  No...................  Conditional..........  Yes
Locating Device \4\................  No...................  Yes..................  Yes
----------------------------------------------------------------------------------------------------------------
\1\ Material
The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet
  the flammability standards established for interior components per the requirements of Sec.   25.853. For
  compartments less than 25 ft\3\ in interior volume, the design must ensure the ability to contain a fire
  likely to occur within the compartment under normal use.
\2\ Detectors
Enclosed stowage compartments equal to or exceeding 25 ft\3\ in interior volume must be provided with a smoke or
  fire detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests
  must be conducted to show compliance with this requirement. Each system (or systems) must provide:
(a) A visual indication in the flight deck within one minute after the start of a fire;
(b) An aural warning in the crew rest compartment; and

(c) A warning in the main passenger cabin, This warning must be readily detectable by a flight attendant, taking
  into consideration the positioning of flight attendants throughout the main passenger compartment during
  various phases of flight.
\3\ Liner
If it can be shown that the material used to construct the stowage compartment meets the flammability
  requirements of a liner for a Class B cargo compartment (i.e., Sec.   25.855 at Amendment 25-116, and Appendix
  F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to
  or greater than 25 ft\3\ in interior volume but less than 57 ft\3\ in interior volume. For all enclosed
  stowage compartments equal to or greater than 57 ft\3\ in interior volume but less than or equal to 200 ft\3\,
  a liner must be provided that meets the requirements of Sec.   25.855 at Amendment 25-60 for a Class B cargo
  compartment.
\4\ Location Detector
Crew rest areas which contain enclosed stowage compartments exceeding 25 ft\3\ interior volume and which are
  located away from one central location such as the entry to the crew rest area or a common area within the
  crew rest area would require additional fire protection features and/or devices to assist the firefighter in
  determining the location of a fire.

    Issued in Renton, Washington, on April 3, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08156 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P