[Federal Register: July 31, 2006 (Volume 71, Number 146)]
[Notices]
[Page 43141-43143]
[DOCID:fr31jy06-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 24, 2006.

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG06-64-000.
    Applicants: Mesquite Wind LLC.
    Description: Mesquite Wind, LLC Submits a Notice of Self-
Certification of Exempt Wholesale Generator Status pursuant to sections
366.1 and 3.66.7 of the Commission's Regulations and section 1266 of
PUHCA.
    Filed Date: 07/19/2006.
    Accession Number: 20060719-5036.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: EG06-65-000.
    Applicants: FPL Energy Mower County, LLC.
    Description: FPL Energy Mower County, LLC submits a Notice of Self

Certification of Exempt Wholesale Generator Status pursuant to Sections
366.7 of Commission's Regulations and PUHCA.
    Filed Date: 07/19/2006.
    Accession Number: 20060719-5051.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER94-389-024; ER02-2509-003; ER00-840-004; ER01-
137-002; ER98-1767-007; ER99-2992-004; ER99-3165-004; ER02-1942-003;
ER01-596-002; ER01-2690-006; ER02-77-006; ER02-2550-004; ER00-1780-004;
ER99-415-011; ER01-389-004.
    Applicants: Tenaska Power Services Company; Kiowa Power Partners,
LLC; Tenaska Alabama Partners, L.P.; Tenaska Alabama II Partners, L.P.;
Tenaska Frontier Partners, Ltd.; Tenaska Gateway Partners, Ltd.;
Tenaska Georgia Partners, L.P.; Tenaska Virginia Partners, L.P.;
Alabama Electric Marketing, LLC; California Electric Marketing, LLC;
New Mexico Electric Marketing, LLC; Tenaska-Oxy Power Services, L.P.;
Texas Electric Marketing, LLC; Commonwealth Chesapeake Company, LLC;
Calumet Energy Team, LLC.
    Description: Tenaska Power Services Company, et al. submit Updated
Market Power Analysis.
    Filed Date: 07/19/2006.
    Accession Number: 20060724-0044.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER97-2801-012.
    Applicants: PacifiCorp.
    Description: PacifiCorp Energy submits Second Revised Sheets 1 and
No. 5 to FERC Tariff, Fourth Revised Volume No. 12, effective 3/21/06.
    Filed Date: 07/20/2006.
    Accession Number: 20060724-0090.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 10, 2006.

    Docket Numbers: ER98-2783-009; ER99-3822-008; ER00-3696-005; ER99-
2602-005; ER96-1947-019; ER05-1266-003; ER98-2682-011; ER01-1619-008;
ER02-443-007; ER98-2681-011; ER98-2680-011; ER99-1785-010.
    Applicants: Bridgeport Energy LLC; Casco Bay Energy Company, LLC;
Griffith Energy LLC; LSP-Kendall Energy, LLC; LS Power Marketing, LLC;
Ontelaunee Power Operating Company, LLC; LSP Oakland, LLC; LSP Mohave,
LLC; LSP Arlington Valley, LLC; LSP Morro Bay, LLC; LSP Moss Landing,
LLC; LSP South Bay, LLC.
    Description: LSP Entities submit supplemental information to the
notice of non-material change in status filed on 6/2/06.
    Filed Date: 07/19/2006.
    Accession Number: 20060721-0053.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER99-2948-008; ER00-2918-007; ER00-2917-007; ER05-
261-004; ER01-556-006; ER01-557-006; ER01-558-006; ER01-559-006; ER01-
560-006; ER01-1654-009; ER01-2641-007; ER02-2567-007; ER05-728-004;
ER01-1949-007; ER04-485-004.
    Applicants: Baltimore Gas & Electric Company; Constellation Power
Source Generation, Inc.; Calvert Cliffs Nuclear Power Plant, Inc.;
Constellation Energy Commodities Group, Inc.; Handsome Lake Energy,
LLC; University Park Energy; Holland Energy, LLC; Wolf Hills Energy,
LLC; Big Sandy Peaker Plant, LLC; Nine Mile Point Nuclear Station, LLC;
High Desert Power Project, LLC; Constellation NewEnergy, Inc.;
Constellation Energy Commodities Group Maine, LLC; Power Provider LLC;
R.E. Ginna Nuclear Power Plant, LLC.
    Description: Constellation MBR Entities submit a Notice of Change
in Status with respect to a recent transaction entered into with
Constellation Energy Commodities Group, Inc and one of the
Constellation MBR Entities.
    Filed Date: 07/17/2006
    Accession Number: 20060717-5062.
    Comment Date: 5 p.m. Eastern Time on Monday, August 7, 2006.

    Docket Numbers: ER06-20-004.
    Applicants: E.ON U.S., LLC; Louisville Gas & Electric Company;
Kentucky Utilities Company.
    Description: E.ON U.S. LLC et al. submit a compliance filing
pursuant to the Commission's Order issued July 7, 2006.
    Filed Date: 07/19/2006.
    Accession Number: 20060720-008.9
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER06-881-003.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits a second errata to its supplemental information and amendment
to its 7/10/06 filing.
    Filed Date: 07/20/2006.
    Accession Number: 20060724-0089.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 10, 2006.

    Docket Numbers: ER06-1260-000.
    Applicants: Northern Indiana Public Service Company; Whiting Clean
Energy, Inc.
    Description: Northern Indiana Public Service Company, et al. submit
an application for waivers of codes of conduct contained in their
market-based rate tariff.
    Filed Date: 07/19/2006.
    Accession Number: 20060720-0084.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 09, 2006.

    Docket Numbers: ER06-1261-000.
    Applicants: FPL Energy Mower County, LLC.
    Description: FPL Energy Mower County, LLC submits a request for
authorization to sell energy and capacity at market-based rates.
    Filed Date: 07/19/2006.
    Accession Number: 20060720-0085.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER06-1262-000.
    Applicants: Maine Yankee Atomic Power Company.
    Description: Maine Yankee Atomic Power Co. submits Second Revised
Rate Schedule FERC 1 pursuant to FERC Order 614 and supporting
documents for its proposed adjustment to its PBOP trust.
    Filed Date: 07/19/2006.
    Accession Number: 20060720-0086.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER06-1263-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits revisions to its OAT
Tariff, its Amended and Restated Operating Agreement, its Reliability
Assurance Agreement, and its West Reliability Assurance Agreement.
    Filed Date: 07/19/2006
    Accession Number: 20060720-0087.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 9, 2006.

    Docket Numbers: ER06-1265-000.
    Applicants: Orlando CoGen Limited, L.P.
    Description: Orlando CoGen Limited, LP submits a petition for
acceptance of its initial tariff and associated waivers and
authorizations.
    Filed Date: 07/20/2006.
    Accession Number: 20060724-0043
    Comment Date: 5 p.m. Eastern Time on Thursday, August 10, 2006.

    Docket Numbers: ER06-1266-000.
    Applicants: Niagara Mohawk Power Corporation.
    Description: Niagara Mohawk Power Corp. submits an Amended and
Restated Exit Agreement--Supplement No 11 to its Rate Schedule FERC
176.
    Filed Date: 07/20/2006.
    Accession Number: 20060724-0092.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 10, 2006.

    Docket Numbers: ER06-1267-000.

    Applicants: Fitchburg Gas and Electric Light Company.
    Description: Fitchburg Gas and Electric Light Co. submits data and
schedules used to calculate its annual transmission revenue requirement
for Non-PTF Local Network Transmission Service etc.
    Filed Date: 07/20/2006.
    Accession Number: 20060724-0091.
    Comment Date: 5 p.m. Eastern Time on Thursday, August 10, 2006.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH06-101-000.
    Applicants: The Laclede Group, Inc.
    Description: The Laclede Group, Inc. submits a petition for waiver
of the Commission's accounting, record retention and reporting
requirements pursuant to sections 366.21, 366.22, and 366.23 of the
Commission's Regulations.
    Filed Date: 07/14/2006.
    Accession Number: 20060720-0080.
    Comment Date: 5 p.m. Eastern Time on Friday, August 4, 2006.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-12261 Filed 7-28-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5851-5853]
[FR Doc No: 2013-01713]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68704; File No. SR-NYSE-2013-06]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Temporary Suspension of Those Aspects of Rules 36.20 and
36.21 That Would Not Permit Floor Brokers To Use Personal Portable
Phone Devices on the Trading Floor Following the Aftermath of Hurricane
Sandy Until the Earlier of When Phone Service Is Fully Restored or
Friday, February 15, 2013

January 22, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 18, 2013, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the temporary suspension of those
aspects of Rules 36.20 and 36.21 that would not permit Floor brokers to
use personal portable phone devices on the Trading Floor following the
aftermath of Hurricane Sandy until the earlier of when phone service is
fully restored or Friday, February 15, 2013. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On Thursday, November 1, 2012, the Exchange filed a rule proposal
to temporarily suspend those aspects of Rules 36.20, 36.21, and 36.30
that would not permit Floor brokers and Designated Market Makers
(``DMMs'') to use personal portable phone devices on the Trading Floor
\3\ following the aftermath of Hurricane Sandy and during the period
that phone service was not fully functional.\4\ Pursuant to that
filing, all other aspects of those rules remained applicable and the
temporary suspensions of Rule 36 requirements were in effect beginning
the first day trading resumed following Hurricane Sandy until Friday,
November 2, 2012.
---------------------------------------------------------------------------

    \3\ Pursuant to Rule 6A, the Trading Floor is defined as the
restricted-access physical areas designated by the Exchange for the
trading of securities, but does not include the physical locations
where NYSE Amex Options are traded.
    \4\ See Securities Exchange Act Release No. 68137 (Nov. 1,
2012), 77 FR 66893 (Nov. 7, 2012) (SR-NYSE-2012-58).
---------------------------------------------------------------------------

    On November 5, 2012, although power had been restored to the
downtown Manhattan vicinity, other services were not yet fully
operational. Among other things, the telephone services provided by
third-party carriers to the Exchange were still not fully operational
on the Trading Floor, which continued to impact the ability of Floor
members to communicate from the Trading Floor as permitted by Rule 36.
Accordingly, the Exchange filed to extend the temporary suspension of
those aspects of Rules 36.20, 36.21, and 36.30 that would not permit
Floor brokers and DMMs to use personal portable phone devices on the
Trading Floor to the earlier of phone service being restored or
November 9, 2012,\5\ which was subject to the same terms and conditions
of the temporary suspension filed for October 31, 2012 through November
2, 2012, including the record retention requirements related to any use
of personal portable phones.\6\ On November 9, 2012, the Exchange filed
an additional extension of the temporary suspension of those aspects of
Rules 36.20 and 36.21 that would not permit Floor brokers to use
personal portable phone devices on the Trading Floor to the earlier of
phone service being restored or November 16, 2012, again subject to the
same terms and conditions of the original temporary suspension that was
filed.\7\ On November 19, 2012, the Exchange filed to extend the
temporary suspension of those aspects of Rules 36.20 and 36.21 that
would not permit Floor brokers to use personal portable phone devices
on the Trading Floor to the earlier of when phone service is fully
restored or Friday, December 14, 2012, again subject to the same terms
and conditions of the original temporary suspension that was filed.\8\
The continued extension of the temporary suspension was needed because
of the ongoing intermittent phone and internet service. Specifically,
the wired telephone lines and internet connections for Floor brokers
continued to not be functional, many Exchange authorized and provided
portable phones continued to not be functional and therefore Floor
brokers still could not consistently use the Exchange authorized and
provided portable phones, pursuant to Rules 36.20 and 36.21. On
December 13, 2012, the Exchange filed to extend the temporary
suspension of those aspects of Rules 36.20 and 36.21 that would not
permit Floor brokers to use personal portable phone devices on the
Trading Floor to the earlier of when phone service is fully restored or
Friday, January 18, 2013, again subject to the same terms and
conditions of the original temporary suspension that was filed.\9\ The
Exchange now seeks another extension of the temporary suspension of
those aspects of Rules 36.20 and 36.21 because of ongoing telephone and
internet issues.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 68161 (Nov. 5,
2012), 77 FR 67704 (Nov. 12, 2012) (SR-NYSE-2012-61).
    \6\ See supra note 4 (notice that describes the terms and
conditions of the temporary suspension).
    \7\ See Securities Exchange Act Release No. 68211 (Nov. 9,
2012), 77 FR 69534 (Nov. 19, 2012) (SR-NYSE-2012-64). Because the
telephone lines for the DMMs were operational, the Exchange did not
need to extend the temporary suspension of Rule 36.30 as it related
to DMMs.
    \8\ See Securities Exchange Act Release No. 68271 (Nov. 20,
2012), 77 FR 70862 (Nov. 27, 2012) (SR-NYSE-2012-67). Relief was not
extended for DMMs. See infra note 11.
    \9\ See Securities Exchange Act Release No. 68452 (Dec. 17,
2012), 77 FR 75683 (Dec. 21, 2012) (SR-NYSE-2012-73). Relief was not
extended for DMMs. See infra note 11.
---------------------------------------------------------------------------

    The Exchange has been advised by its third-party carrier that the
damage to the telephone connections continues to be more extensive than
previously anticipated. In addition, there has been damage to the
internet connections available to Floor brokers on the Trading Floor,
which has adversely impacted service. In particular, the Exchange notes
that the lines that

support both the wired and wireless phone connections and internet
connections for the Floor brokers are based in an area of lower
Manhattan that suffered extensive damage as a result of Hurricane
Sandy. The type of damage that was sustained will, in some cases,
require the third-party carrier to rebuild the infrastructure that
supports these services, rather than engage in repairs of existing
lines. While such rebuilding and repairs are in process, the telephone
line and internet connections for Floor brokers still are not fully
operational and may not be so for at least another month, possibly more
given the type of work that needs to be completed to restore the
telephone services.
    Because of the ongoing intermittent phone and internet service,
many Exchange authorized and provided portable phones continue to not
be functional and therefore many Floor brokers still cannot
consistently use the Exchange authorized and provided portable phones,
pursuant to Rules 36.20 and 36.21. In addition, many of the wired
telephone lines and internet connections for Floor brokers continue to
not be functional. In certain instances, however, the personal cell
phones of Floor brokers are operational on the Trading Floor. The
Exchange believes that because communications with customers is a vital
part of a Floor broker's role as agent and therefore contributes to
maintaining a fair and orderly market, during the period when phone and
internet service continues to be intermittent, Floor brokers should be
permitted to use personal portable phone devices in lieu of the non-
operational Exchange authorized and provided portable phones, wired
phone lines, or internet connections.\10\
---------------------------------------------------------------------------

    \10\ To the extent that Exchange-approved telephone or
electronic communications are operational, Floor brokers must use
those connections rather than use a personal portable phone.
Specifically, the Exchange states that Floor brokers must return to
pre-Hurricane Sandy communications at any point when service is
restored even if temporary.
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to extend the temporary
suspension of those aspects of Rules 36.20 and 36.21 that would not
permit Floor brokers to use personal portable phone devices on the
Trading Floor to the earlier of when phone service is fully restored or
Friday, February 15, 2013.\11\ The Exchange proposes that the extension
of the temporary suspension of those aspects of Rules 36.20 and 36.21
to permit use of the personal portable phones by Floor brokers on the
Trading Floor be pursuant to the same terms and conditions of the
temporary suspension filed for October 31, 2012 through November 2,
2012, including the record retention requirements related to any use of
personal portable phones.\12\
---------------------------------------------------------------------------

    \11\ Consistent with the existing relief, [sic] Exchange is not
proposing to provide any relief to DMMs in this proposal. Because
phone service to DMMs has been restored, the existing relief does
not provide for a temporary suspension of Rule 36.30--Equities
[sic], which prohibits DMMs from using personal portable phones on
the Trading Floor. Similarly, because the off-Floor locations for
DMMs have been restored, the existing relief does not provide for
the temporary suspension for DMMs to be permitted to communicate
with off-Floor personnel who may not be located at their regular
physical location. The Exchange is not proposing to provide such
relief in this proposal. See supra notes 4 and 5 (notices describing
the relief previously requested for DMMs).
    \12\ See supra note 4 (notice that describes the terms and
conditions of the temporary suspension).
---------------------------------------------------------------------------

    In particular, as set forth in the prior filings, Floor brokers
that use a portable personal phone must provide the Exchange with the
names of all Floor-based personnel who used personal portable phones
during this temporary suspension period, together with the phone number
and applicable carrier for each number. Floor broker member
organizations must maintain in their books and records all cell phone
records that show both incoming and outgoing calls that were made
during the period that a personal portable phone was used on the
Trading Floor. To the extent the records are unavailable from the
third-party carrier, the Floor broker member organizations must
maintain contemporaneous records of all calls made or received on a
personal portable phone while on the Trading Floor. As with all member
organization records, such cell phone records must be provided to
Exchange regulatory staff, including without limitation staff of the
Financial Industry Regulatory Authority (``FINRA''), on request.
    In addition, to the extent that personal portable phones are used
to replicate internet connections previously approved pursuant to Rule
36 that are not operational on the Trading Floor because of damage
sustained by Hurricane Sandy, such use is subject to the same
requirements that would otherwise be applicable, including record-
retention requirements. This emergency relief is solely meant to
maintain the status quo to the extent provided in Rule 36 and not
intended to broaden the scope of the activities allowed pursuant to the
Rule (e.g., accessing internet only at the booth). As with all member
organization records, such cell phone data records must be provided to
Exchange regulatory staff, including without limitation staff of the
Financial Industry Regulatory Authority (``FINRA''), on request. To the
extent that Exchange-approved telephone or electronic communications
are operational, Floor brokers must use those connections rather than
use a personal portable phone. Specifically, the Exchange states that
Floor brokers must return to pre-Hurricane Sandy communications at any
point when service is restored even if temporary.
    As noted above, because the Exchange is dependent on third-party
carriers for both wired and wireless phone service and internet
connections on the Trading Floor, the Exchange does not know how long
the proposed temporary suspension of Rules 36.20 and 36.21 will be
required. However, based on current estimates, the Exchange understands
that phone service may not be fully restored for at least another
month, possibly more.
    Accordingly, the Exchange proposes that the extension of the
temporary suspensions of those aspects of Rule 36 that do not permit
Floor brokers to use personal portable phones on the Trading Floor
continue until the earlier of when phone service is fully restored or
Friday, February 15, 2013.\13\
---------------------------------------------------------------------------

    \13\ The Exchange will provide notice of this rule filing to
Floor brokers, including the applicable recordkeeping and other
requirements. If telephone service is fully restored prior to
February 15, 2013, the Exchange will notify Floor brokers that the
temporary suspension of those aspects of Rule 36 that do not permit
the use of personal portable phones on the Trading Floor has expired
as of the time that phone service is fully restored.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\15\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, in the aftermath of Hurricane Sandy, while the
Exchange was able to open for trading, many of the services that the
Exchange depends on from third-party carriers, such as wired and
wireless telephone connections, are not fully restored. The Exchange
believes that the proposed extension of the temporary suspensions from
those aspects of Rule 36 that restrict Floor broker's use of personal
portable phones on the Trading Floor removes impediments to and
perfects

the mechanism of a free and open market and national market system
because the proposed relief will enable Floor brokers to conduct their
regular business, notwithstanding the ongoing issues with telephone
service. The Exchange further believes that without the requested
relief, Floor brokers would be compromised in their ability to conduct
their regular course of business on the Trading Floor, which could
adversely impact the market generally and investor confidence during
this time of unprecedented weather disruptions. In particular, for
Floor brokers, because they operate as agents for customers, their
inability to communicate with customers could compromise their ability
to represent public orders on the Trading Floor.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed extension of
the temporary suspensions of those aspects of Rules 36.20--Equities
[sic] and 36.21--Equities [sic] that would not permit Floor brokers to
use personal portable phone devices on the Trading Floor is in direct
response to damages in the aftermath of Hurricane Sandy. The proposed
relief will enable Floor brokers to conduct their regular business,
notwithstanding the ongoing issues with telephone service, and thus
should not have any burden on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\19\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. The Commission notes
that doing so will allow the Exchange to continue uninterrupted, for
Floor brokers, the emergency temporary relief necessitated by Hurricane
Sandy's disruption of telephone service, as described herein and in the
Exchange's prior filings seeking such relief, and to help maintain the
status quo, until the earlier of when phone service for Floor brokers
is fully restored or February 15, 2013. Therefore, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\20\
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2013-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2013-06. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2013-06 and should be
submitted on or before February 19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01713 Filed 1-25-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Rules and Regulations]
[Pages 31845-31849]
[FR Doc No: E9-15695]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0926; Airspace Docket No. 08-AAL-24]
RIN 2120-AA66

Establishment, Revision, and Removal of Area Navigation (RNAV)
Routes; Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes twenty two Area Navigation (RNAV)
routes, and revises fourteen RNAV routes, in the State of Alaska.
Additionally, this action removes four existing routes that are no
longer required. Q & T-routes are Air Traffic Service (ATS) routes,
based on RNAV, for use by aircraft having instrument flight rules
(IFR)-approved Global Positioning System (GPS)/Global Navigation
Satellite System (GNSS) equipment. The FAA is taking this action to
enhance safety and to improve the efficient use of the navigable
airspace in Alaska.

DATES: Effective Date: 0901 UTC, August 27, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On February 12, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish twenty three RNAV
routes, and revise fourteen RNAV routes, in the State of Alaska.
Additionally, this action proposed to remove four existing routes that
are no longer required (74 FR 7012). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
this proposal. Two comments were received in response to the NPRM.
    The first commenter proposed to amend the T-252 between Nome and
Kotzebue. The commenter suggested moving the route to the East to stay
closer to land. Moving the proposed T-252 closer to the shoreline would
delay establishing a route that traverses Norton Sound until 2010. As a
result, the FAA has decided to establish T-252 as proposed, and during
the 2010 route development cycle, the FAA will evaluate establishing a
route closer to the shoreline as suggested.
    The second comment concerned the Prince William Sound region and
access to the Alaskan Native villages of Tatitlek and Chenega Bay. In
order to accommodate this suggestion, the FAA would have to make the
routes four miles wide instead of eight miles in order to achieve an
MEA advantage over conventional routing in the area. This would make
the routes restricted from public use. While this does not prevent the
suggestion from being evaluated for feasibility, development of special
RNAV routes falls outside the scope of this project. The FAA will
consider this suggestion in future airway work.
    During the comment period, the FAA conducted flight inspections of
the proposed routes and reviewed the results to evaluate the safety and
efficiency of the proposed T route structure. Based on the results of
the inspections, and on further refinements to the route designs, the
FAA determined that changes are required to the description of one
route and the elimination of one route proposed in the NPRM.
    A minor change will be made to T-231 by adding a new point
(Selawik) between Fairbanks and Kotzebue. This change will realign the
route southward to pass over the Selawik VORTAC. This change will cause
the route to more closely match current air traffic procedures.
Additionally, proposed route T-271 will be eliminated from this
rulemaking action since the FAA was unable to complete a flight
inspection on T-271. Therefore, the FAA has decided not to implement T-
271. With the exception of the changes described above, this amendment
is the same as that proposed in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing fourteen high altitude RNAV routes, and eight
low altitude RNAV routes, in the State of Alaska. Additionally, this
action revises one high altitude route, thirteen low altitude routes,
and removes four existing ``T'' routes that are no longer required.
These changes will enhance safety, and facilitate the more flexible and
efficient use of the navigable airspace for en route IFR operations
within the State of Alaska. This action will improve operator
efficiency, access and safety, while incrementally reducing dependency
on ground based navigation facilities.
    The High Altitude RNAV Q-Routes are published in paragraph 2006,
and the Low Altitude RNAV T-Routes are published in paragraph 6011 in
FAA Order 7400.9S, Airspace Designations and Reporting Points, signed
October 3, 2008, and effective October 31, 2008, which is incorporated
by reference in 14 CFR 71.1. The airspace designations listed in this
document would be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that will only affect air
traffic procedures and air navigation, it is certified that this
proposed rule, when promulgated, will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it proposes to create Class A and E airspace sufficient in size to
contain aircraft using the described Federal Airways within the State
of Alaska and represents the FAA's continuing effort to safely and
efficiently use the navigable airspace.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially

significant environmental impacts, and no extraordinary circumstances
exist that warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9S,
Airspace Designations and Reporting Points, signed October 3, 2008, and
effective October 31, 2008, is to be amended as follows:

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-41 CAWIN to SCC [New]
CAWIN....................................  Fix.............................  (Lat. 63[deg]16'51'' N., long. 148[deg]59'18'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)

Q-43 ANC to FAI [New]
ANC......................................  VOR/DME.........................  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)
CAWIN....................................  Fix.............................  (Lat. 61[deg]16'51'' N., long. 148[deg]59'18'' W.)
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)

Q-44 OME to ANC [New]
OME......................................  VOR/DME.........................  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)
ANC......................................  VOR/DME.........................  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)

Q-45 DLG to AMOTT [New]
DLG......................................  VOR/DME.........................  (Lat. 58[deg]59'39'' N., long. 158[deg]33'08'' W.)
AMOTT....................................  Fix.............................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)

Q-46 PHO to BRW [New]
PHO......................................  NDB.............................  (Lat. 68[deg]20'41'' N., long. 166[deg]47'51'' W.)
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)

Q-47 AKN to AMOTT [New]
AKN......................................  VORTAC..........................  (Lat. 58[deg]43'29'' N., long. 156[deg]45'08'' W.)
AMOTT....................................  Fix.............................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)

Q-48 BRW to ROCES [New]
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)
ROCES....................................  WP..............................  (Lat. 70[deg]08'34'' N., long. 143[deg]08'16'' W.)

                                                                      * * * * * * *

Q-49 ODK to AMOTT [New]
ODK......................................  VOR/DME.........................  (Lat. 57[deg]46'30'' N., long. 152[deg]20'23'' W.)
AMOTT....................................  Fix.............................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)

Q-51 AKN to OTZ [New]
AKN......................................  VORTAC..........................  (Lat. 58[deg]43'29'' N., long. 156[deg]45'08'' W.)
OTZ......................................  VOR/DME.........................  (Lat. 66[deg]53'09'' N., long. 162[deg]32'24'' W.)

 Q-53 ODK to OTZ [New]
ODK......................................  VOR/DME.........................  (Lat. 57[deg]46'30'' N., long. 152[deg]20'23'' W.)
ILI......................................  NDB/DME.........................  (Lat. 59[deg]44'53'' N., long. 154[deg]54'35'' W.)
OTZ......................................  VOR/DME.........................  (Lat. 66[deg]53'09'' N., long. 162[deg]32'24'' W.)

Q-55 ODK to OME [New]
ODK......................................  VOR/DME.........................  (Lat. 57[deg]46'30'' N., long. 152[deg]20'23'' W.)
OME......................................  VOR/DME.........................  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)

Q-57 AKN to MCG [New]
AKN......................................  VORTAC..........................  (Lat. 58[deg]43'29'' N., long. 156[deg]45'08'' W.)
MCG......................................  VORTAC..........................  (Lat. 62[deg]57'04'' N., long. 155[deg]36'41'' W.)

Q-59 CDB to BET [New]
CDB......................................  VORTAC..........................  (Lat. 55[deg]16'03'' N., long. 162[deg]46'27'' W.)
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)

Q-61 FAI to BRW [New]
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)

                                                                      * * * * * * *

Q-16 ODK to YAK [Revised]
ODK......................................  VOR/DME.........................  (Lat. 57[deg]46'30'' N., long. 152[deg]20'23'' W.)
MDO......................................  VOR/DME.........................  (Lat. 59[deg]25'19'' N., long. 146[deg]21'00'' W.)
YAK......................................  VOR/DME.........................  (Lat. 59[deg]30'39'' N., long. 139[deg]38'53'' W.)

* * * * *

Paragraph 6011. United States Area Navigation Routes.

* * * * *

T-269 BET to ANN [New]
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)
SQA......................................  VOR/DME.........................  (Lat. 61[deg]05'55'' N., long. 155[deg]38'04'' W.)
ANC......................................  VOR/DME.........................  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)
JOH......................................  VOR/DME.........................  (Lat. 60[deg]28'51'' N., long. 146[deg]35'58'' W.)
YAK......................................  VOR/DME.........................  (Lat. 59[deg]30'39'' N., long. 139[deg]38'53'' W.)
BKA......................................  VORTAC..........................  (Lat. 56[deg]51'34'' N., long. 135[deg]33'05'' W.)
ANN......................................  VOR/DME.........................  (Lat. 55[deg]03'37'' N., long. 131[deg]34'42'' W.)

                                                                      * * * * * * *

T-273 FAI to ROCES [New]
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
ROCES....................................  WP..............................  (Lat. 70[deg]08'34'' N., long. 144[deg]08'16'' W.)

                                                                      * * * * * * *

T-275 BET to UNK [New]
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)
UNK......................................  VOR/DME.........................  (Lat. 63[deg]53'31'' N., long. 160[deg]41'04'' W.)

                                                                      * * * * * * *

T-277 BTT to PIZ [New]
BTT......................................  VOR/DME.........................  (Lat. 66[deg]54'18'' N., long. 151[deg]32'09'' W.)
PIZ......................................  NDB.............................  (Lat. 69[deg]44'04'' N., long. 163[deg]44'49'' W.)

T-278 HAPIT to SSR [New]
HAPIT....................................  Fix.............................  (Lat. 58[deg]11'58'' N., long. 137[deg]31'12'' W.)
SSR......................................  VORTAC..........................  (Lat. 58[deg]10'40'' N., long. 135[deg]15'32'' W.)

T-279 ALEUT to BET [New]
ALEUT....................................  Fix.............................  (Lat. 54[deg]14'17'' N., long. 166[deg]32'52'' W.)
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)

T-280 FLIPS to LVD [New]
FLIPS....................................  Fix.............................  (Lat. 56[deg]34'33'' N., long. 134[deg]52'47'' W.)
LVD......................................  VOR/DME.........................  (Lat. 56[deg]28'04'' N., long. 133[deg]04'59'' W.)

                                                                      * * * * * * *

T-282 VENCE to FAI [New]
VENCE....................................  Fix.............................  (Lat. 64[deg]29'23'' N., long. 158[deg]00'06'' W.)
HORSI....................................  Fix.............................  (Lat. 64[deg]44'05'' N., long. 154[deg]19'15'' W.)
ROSII....................................  Fix.............................  (Lat. 64[deg]57'46'' N., long. 153[deg]14'37'' W.)
PERZO....................................  WP..............................  (Lat. 64[deg]40'23'' N., long. 148[deg]07'20'' W.)
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)

                                                                      * * * * * * *

T-219 AIX to DLG [Revised]
AIX......................................  NDB/DME.........................  (Lat. 60[deg]23'06'' N., long. 166[deg]12'53'' W.)
RUFVY....................................  WP..............................  (Lat. 59[deg]56'34'' N., long. 164[deg]02'04'' W.)
DLG......................................  VOR/DME.........................  (Lat. 58[deg]59'39'' N., long. 158[deg]33'08'' W.)

                                                                      * * * * * * *

T-222 BAERE TO FAI [Revised]
BAERE....................................  WP..............................  (Lat. 52[deg]12'12'' N., long. 176[deg]08'09'' W.)
SPY......................................  NDB/DME.........................  (Lat. 57[deg]09'28'' N., long. 170[deg]13'51'' W.)
RUFVY....................................  WP..............................  (Lat. 59[deg]56'34'' N., long. 164[deg]02'04'' W.)
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)
MCG......................................  VORTAC..........................  (Lat. 62[deg]57'04'' N., long. 155[deg]36'41'' W.)
ENN......................................  VORTAC..........................  (Lat. 64[deg]35'24'' N., long. 149[deg]04'22'' W.)
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)

                                                                      * * * * * * *

T-223 EHM to AMOTT [Revised]
EHM......................................  NDB/DME.........................  (Lat. 58[deg]39'24'' N., long. 162[deg]04'17'' W.)
DLG......................................  VOR/DME.........................  (Lat. 58[deg]59'39'' N., long. 158[deg]33'08'' W.)
FAGIN....................................  Fix.............................  (Lat. 59[deg]51'56'' N., long. 155[deg]32'43'' W.)
NONDA....................................  Fix.............................  (Lat. 60[deg]19'16'' N., long. 153[deg]47'58'' W.)
BLUGA....................................  Fix.............................  (Lat. 60[deg]46'22'' N., long. 151[deg]55'07'' W.)

AMOTT....................................  Fix.............................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)

                                                                      * * * * * * *

T-227 SYA to SCC [Revised]
SYA......................................  VORTAC..........................  (Lat. 52[deg]43'06'' N., long. 174[deg]03'44'' E.)
JANNT....................................  WP..............................  (Lat. 52[deg]04'18'' N., long. 178[deg]15'37'' W.)
BAERE....................................  WP..............................  (Lat. 52[deg]12'12'' N., long. 176[deg]08'09'' W.)
ALEUT....................................  Fix.............................  (Lat. 54[deg]14'17'' N., long. 166[deg]32'52'' W.)
MORDI....................................  Fix.............................  (Lat. 54[deg]52'50'' N., long. 165[deg]03'15'' W.)
GENFU....................................  Fix.............................  (Lat. 55[deg]23'18'' N., long. 163[deg]06'21'' W.)
BINAL....................................  Fix.............................  (Lat. 55[deg]46'00'' N., long. 161[deg]59'56'' W.)
PDN......................................  NDB/DM..........................  (Lat. 56[deg]57'15'' N., long. 158[deg]38'51'' W.)
AMOTT....................................  Fix.............................  (Lat. 60[deg]53'56'' N., long. 151[deg]21'46'' W.)
ANC......................................  VOR/DME.........................  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)

T-228 EHM to ROCES [Revised]
ENM......................................  VOR/DME.........................  (Lat. 62[deg]47'05'' N., long. 164[deg]29'15'' W.)
RUFVY....................................  WP..............................  (Lat. 59[deg]56'34'' N., long. 164[deg]02'04'' W.)
HPB......................................  VOR/DME.........................  (Lat. 61[deg]30'52'' N., long. 166[deg]08'04'' W.)
OME......................................  VOR/DME.........................  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)
HIKAX....................................  WP..............................  (Lat. 65[deg]36'20'' N., long. 165[deg]44'44'' W.)
SHH......................................  NDB.............................  (Lat. 66[deg]15'29'' N., long. 166[deg]03'09'' W.)
ECIPI....................................  Fix.............................  (Lat. 67[deg]55'48'' N., long. 165[deg]29'58'' W.)
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)
ROCES....................................  WP..............................  (Lat. 70[deg]08'34'' N., long. 144[deg]08'16'' W.)

                                                                      * * * * * * *

T-231 FAI to OTZ [Revised]
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
WLK......................................  VOR/DME.........................  (Lat. 66[deg]35'58'' N., long. 159[deg]59'27'' W.)
OTZ......................................  VOR/DME.........................  (Lat. 66[deg]53'09'' N., long. 162[deg]32'24'' W.)

T-232 BRW to ORT [Revised]
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
BRONX....................................  Fix.............................  (Lat. 70[deg]04'02'' N., long. 155[deg]06'35'' W.)
BTT......................................  VOR/DME.........................  (Lat. 66[deg]54'18'' N., long. 151[deg]32'09'' W.)
FAI......................................  VORTAC..........................  (Lat. 64[deg]48'00'' N., long. 148[deg]00'43'' W.)
BIG......................................  VORTAC..........................  (Lat. 64[deg]00'16'' N., long. 145[deg]43'02'' W.)
ORT......................................  VORTAC..........................  (Lat. 62[deg]56'50'' N., long. 141[deg]54'46'' W.)

                                                                      * * * * * * *

T-240 BTT to SCC [Revised]
BTT......................................  VOR/DME.........................  (Lat. 66[deg]54'18'' N., long. 151[deg]32'09'' W.)
NAMRE....................................  WP..............................  (Lat. 69[deg]06'29'' N., long. 149[deg]34'00'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)

                                                                      * * * * * * *

T-246 BRW to ANC [Revised]
BRW......................................  VOR/DME.........................  (Lat. 71[deg]16'24'' N., long. 156[deg]47'17'' W.)
GAL......................................  VOR/DME.........................  (Lat. 64[deg]44'17'' N., long. 156[deg]46'38'' W.)
MCG......................................  VORTAC..........................  (Lat. 62[deg]57'04'' N., long. 155[deg]36'41'' W.)
ANC......................................  VOR/DME.........................  (Lat. 61[deg]09'03'' N., long. 150[deg]12'24'' W.)

                                                                      * * * * * * *

T-248 GAM to ENM [Revised]
GAM......................................  NDB/DME.........................  (Lat. 63[deg]46'55'' N., long. 171[deg]44'12'' W.)
QAYAQ....................................  WP..............................  (Lat. 63[deg]52'14'' N., long. 169[deg]59'42'' W.)
ENM......................................  VOR/DME.........................  (Lat. 62[deg]47'05'' N., long. 164[deg]29'15'' W.)

                                                                      * * * * * * *

T-250 ULL to BET [Revised]
ULL......................................  VOR/DME.........................  (Lat. 63[deg]41'32'' N., long. 170[deg]28'12'' W.)
QAYAQ....................................  WP..............................  (Lat. 63[deg]52'14'' N., long. 169[deg]59'42'' W.)
BANAT....................................  WP..............................  (Lat. 62[deg]12'49'' N., long. 165[deg]40'01'' W.)
BET......................................  VORTAC..........................  (Lat. 60[deg]47'05'' N., long. 161[deg]49'28'' W.)

                                                                      * * * * * * *

T-252 OME to SCC [Revised]

OME......................................  VOR/DME.........................  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)
OTZ......................................  VOR/DME.........................  (Lat. 66[deg]53'09'' N., long. 162[deg]32'24'' W.)
SCC......................................  VOR/DME.........................  (Lat. 70[deg]11'57'' N., long. 148[deg]24'58'' W.)

                                                                      * * * * * * *

T-260 PHO to OME [Revised]
PHO......................................  NDB.............................  (Lat. 68[deg]20'41'' N., long. 166[deg]47'51'' W.)
COGNU....................................  WP..............................  (Lat. 65[deg]48'29'' N., long. 167[deg]50'06'' W.)
TNC......................................  NDB/DME.........................  (Lat. 65[deg]33'43'' N., long. 167[deg]55'27'' W.)
OME......................................  VOR/DME.........................  (Lat. 64[deg]29'06'' N., long. 165[deg]15'11'' W.)

                                                                      * * * * * * *
T-239 GAM to ULL [Remove]

                                                                      * * * * * * *
T-256 GAL to BRW [Remove]

                                                                      * * * * * * *
T-258 SHH to PHO [Remove]

                                                                      * * * * * * *
T-268 FPN to ICK [Remove]

* * * * *

    Issued in Washington, DC, on June 26, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-15695 Filed 7-2-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Proposed Rules]
[Pages 26280-26285]
[FR Doc No: 2013-10581]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Proposed
Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0384; Notice No. 25-13-02-SC]

Special Conditions: Embraer, S.A., Model EMB-550 Airplane; Side-
Facing Seats; Installation of Airbag Systems in Shoulder Belts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Embraer S.A.
Model EMB-550 airplane. This airplane will have a novel or unusual
design feature(s) associated with multiple place and single place side-
facing seats and installation of airbag systems in the shoulder belts.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
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: Send your comments on or before June 20, 2013.

ADDRESSES: Send comments identified by docket number FAA-2013-0384
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: Jayson Claar, FAA, 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:

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 May 14, 2009, Embraer S.A. applied for a type certificate for
their new Model EMB-550 airplane. The Model EMB-550 airplane is the
first of a new family of jet airplanes designed for corporate flight,
fractional, charter, and private owner operations. The aircraft has a
conventional configuration with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The Model EMB-550 airplane is designed for 8 passengers, with
a maximum of 12 passengers. It is equipped with two Honeywell HTF7500-E
medium bypass ratio turbofan engines mounted on aft fuselage pylons.
Each engine produces approximately 6,540 pounds (lbs) of thrust for
normal takeoff. The primary flight controls consist of hydraulically
powered fly-by-wire elevators, aileron and rudder, controlled by the
pilot or copilot sidestick.
    The Model EMB-550 airplane has proposed interior configurations
that include multiple-place side-facing seats and single-place side-
facing seats (both referred to as side-facing seats) that include an
airbag system in the shoulder belt for these seats. Existing
regulations do not provide adequate or appropriate safety standards for
occupants of side-facing seats. Also, existing regulations do not
provide adequate or appropriate safety standards for the addition of
airbag systems in the shoulder belt of side-facing seats. These
proposed special conditions will address both issues.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.17, Embraer S.A. must show that the Model EMB-550 airplane
meets the applicable provisions of part 25, as amended by Amendments
25-1 through 25-127 thereto.
    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 Embraer S.A. Model EMB-550
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 type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.

    In addition to the applicable airworthiness regulations and special
conditions, the Embraer S.A. Model EMB-550 airplane 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 and the FAA must
issue a finding of regulatory adequacy under Sec.  611 of Public Law
92-574, the ``Noise Control Act of 1972.''
    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.  21.17(a)(2).

Novel or Unusual Design Features

    The Embraer S.A. Model EMB-550 airplane will incorporate the
following novel or unusual design features: Side-facing seats with an
airbag system in the shoulder belt.
    The Model EMB-550 airplane will have interior configurations with
multiple-place side-facing seats and single-place side-facing seats
that include airbag systems in the shoulder belts. Side-facing seats
are considered a novel design for transport category airplanes that
include Amendment 25-64 in their certification basis and were not
anticipated when those airworthiness standards were issued. Therefore,
the existing regulations do not provide adequate or appropriate safety
standards for occupants of side-facing seats. The airbag systems in the
shoulder belts are designed to limit occupant forward excursion in the
event of an accident. Using airbag systems in the shoulder belts is
novel for commercial aviation.

Discussion

    The FAA has been conducting research to develop an acceptable
method of compliance with Title 14, Code of Federal Regulations (14
CFR) 25.785(b) for side-facing seat installations. That research has
identified additional injury considerations and evaluation criteria.
See published report DOT/FAA/AR-09/41, July 2011.
    Before this research, the FAA had been granting exemptions for the
multiple-place side-facing seat installations since an adequate method
of compliance was not available to produce an equivalent level of
safety to that level of safety provided for the forward- and aft-facing
seats. These exemptions were subject to many conditions that reflected
the injury evaluation criteria and mitigation strategies available at
the time of the exemption issuance. The FAA has now developed a
methodology to address all fully side-facing seats (i.e., seats
oriented in the aircraft with the occupant facing 90 degrees to the
direction of aircraft travel) and is documenting those requirements in
these special conditions. Some of the previous conditions issued for
exemptions are still relevant and are included in these new special
conditions. However, many of the conditions for exemption have been
replaced by different criteria that reflect current research findings.
    The FAA had been issuing special conditions to address single-place
side-facing seats; however, application of the current research
findings has allowed issuing special conditions that are applicable to
all fully side-facing seats, both multiple-place and single-place.
    Neck-injury evaluation methods applicable to the most common side-
facing seat configurations were identified during recent FAA research.
The scope of that research, however, did not include deriving specific
injury criteria for all possible loading scenarios that could occur to
occupants of fully side-facing seats. To limit the injury risk in those
cases, these special conditions provide conservative injury evaluation
means that are derived from past practice and applicable scientific
literature.
    Serious leg injuries, such as femur fracture, can occur in aviation
side-facing seats that could threaten the occupant's life directly or
reduce the occupant's ability to evacuate. Limiting upper-leg axial
rotation to a conservative limit of 35 degrees (approximately the 50
percentile range of motion) should also limit the risk of serious leg
injury. It is believed that the angle of rotation can be determined by
observing lower-leg flailing in typical high-speed video of the dynamic
tests. This requirement complies with the intent of the Sec.
25.562(b)(6) injury criteria in preventing serious leg injury.
    The requirement to provide support for the pelvis, upper arm,
chest, and head, contained in the previous special conditions for
single-place side-facing seats, has been replaced in the new special
conditions applicable to all fully side-facing seats with requirements
for neck-injury evaluation, leg-flailing limits, pelvis-excursion
limits, head-excursion limits, and torso lateral-bending limits that
directly assess the effectiveness of the support provided by the seat
and restraint system.
    To protect occupants in aft-facing seats, those seats must have
sufficient height and stiffness to support their head and spine.
Providing this support is intended to reduce spinal injuries when
occupant inertial forces cause it to load against the seat back. If,
during a side-facing-seat dynamic test, the flailing of the occupant
causes his or her head to translate beyond the plane of the seat back,
then this lack of support would not comply with the intent of the
requirement to prevent spine injuries, and would not provide the same
level of safety afforded occupants of forward- and aft-facing seats.
    Results from tests that produced lateral flailing over an armrest
indicate that serious injuries, including spinal fractures, would
likely occur. While no criteria currently relates the amount of lateral
flail to a specific risk of injury, if lateral flexion is limited to
the normal static range of motion, then the risk of injury should be
low. This range of motion is approximately 40 degrees from the upright
position. Ensuring that lateral flexion does not create a significant
injury risk is consistent with the goal of providing an equivalent
level of safety to a forward or aft facing seat, because that type of
articulation of those seats does not occur during forward impacts.
    Section 25.562 requires that the restraints remain on the shoulder
and pelvis of the occupant during impact. Advisory Circular (AC)
25.562-1B, Dynamic Evaluation of Seat Restraint Systems and Occupant
Protection on Transport Airplanes, dated January 10, 2006, clarifies
this by stating that restraints must remain on the shoulder and pelvis
when loaded by the occupant. This criterion is necessary to protect the
occupant from serious injury that could be caused by lap-belt contact
forces applied to soft tissue or by ineffective restraint of the upper
torso caused by the upper torso restraint sliding off the shoulder. In
forward-facing seats (the type specifically addressed by that AC),
occupant motion during rebound, and any subsequent re-loading of the
belts, is limited by interaction with the seat back. However, in a
side-facing seat subjected to a forward impact, the restraint system
may be the only means of limiting the occupant's rearward (rebound)
motion. So to limit abdominal injury risk in side-facing seats, the lap
belt must remain on the pelvis throughout the impact event, including
rebound.
    During side-facing-seat dynamic tests, the risk for head injury is
assessed with only one occupant size (the 50th percentile male as
represented by the ES-2re as defined in 49 CFR part 572 supbart U).
However, protection for a range of occupant statures can be provided if
the impacted surface is homogenous in the area contactable by that
range of occupants.

    The FAA has issued special conditions in the past for airbag
systems on lap belts for some forward-facing seats. These special
conditions for the airbag system in the shoulder belt are based on the
previous special conditions for airbag systems on lap belts with some
changes to address the specific issues of side-facing seats. The
special conditions are not an installation approval. Therefore, while
the special conditions relate to each such system installed, the
overall installation approval is a separate finding, and must consider
the combined effects of all such systems installed.
    The FAA has considered the installation of an airbag system in the
shoulder belt to have two primary safety concerns: First, that the
system performs properly under foreseeable operating conditions, and
second, that the system does not perform in a manner or at such times
as would constitute a hazard to the occupants. This latter point has
the potential to be the more rigorous of the requirements, owing to the
active nature of the system.

Applicability

    As discussed above, these special conditions are applicable to the
Embraer S.A. Model EMB-550 airplane. Should Embraer S.A. apply at a
later date for a change to the type certificate to include another
model incorporating 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.

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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Embraer S.A. Model EMB-550 airplanes. In addition to the
requirements of Sec. Sec.  25.562 and 25.785, the following special
condition numbers 1 and 2 are proposed as part of the type
certification basis of the airplane(s) with side-facing-seat
installations. For seat place(s) equipped with an airbag system in the
shoulder belt, additional special condition numbers 3 through 16 are
proposed as part of the type certification basis.
    1. Additional requirements applicable to tests or rational analysis
conducted to show compliance with Sec. Sec.  25.562 and 25.785 for
side-facing seats:
    (a) The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) to show compliance with the seat-strength requirements of
Sec.  25.562(c)(7) and (8), and these special conditions must have an
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572 subpart U) or
equivalent, or a Hybrid-II ATD (49 CFR part 572, subpart B as specified
in Sec.  25.562) or equivalent, occupying each seat position and
including all items contactable by the occupant (e.g., armrest,
interior wall, or furnishing) if those items are necessary to restrain
the occupant. If included, the floor representation and contactable
items must be located such that their relative position, with respect
to the center of the nearest seat place, is the same at the start of
the test as before floor misalignment is applied. For example, if floor
misalignment rotates the centerline of the seat place nearest the
contactable item 8 degrees clockwise about the aircraft x-axis, then
the item and floor representations must be rotated by 8 degrees
clockwise also to maintain the same relative position to the seat
place, as shown in Figure 1. Each ATD's relative position to the seat
after application of floor misalignment must be the same as before
misalignment is applied. To ensure proper loading of the seat by the
occupants, the ATD pelvis must remain supported by the seat pan, and
the restraint system must remain on the pelvis and shoulder of the ATD
until rebound begins. No injury-criteria evaluation is necessary for
tests conducted only to assess seat-strength requirements.

[GRAPHIC] [TIFF OMITTED] TP06MY13.008

    (b) The longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2), to show compliance with the injury assessments required
by Sec.  25.562(c) and these special conditions, may be conducted
separately from the test(s) to show structural integrity. In this case,
structural-assessment tests must be conducted as specified in paragraph
1(a) of these special conditions, and the injury-assessment test must
be conducted without yaw or floor misalignment. Injury assessments may
be accomplished by testing with ES-2re ATD (49 CFR part 572 subpart U)
or equivalent at all places. Alternatively, these assessments may be
accomplished by multiple tests that use an ES-2re at the seat place
being evaluated, and a Hybrid-II ATD (49 CFR part 572, subpart B, as
specified in Sec.  25.562) or equivalent used in all seat places
forward of the one being assessed, to evaluate occupant interaction. In
this case, seat places aft of the one being assessed may be unoccupied.
If a seat installation includes adjacent items that are contactable by
the occupant, the injury potential of that contact must be assessed. To
make this assessment, tests may be conducted that include the actual
item, located and attached in a representative fashion. Alternatively,
the injury potential may be assessed by a combination of tests with
items having the same geometry as the actual item, but having stiffness
characteristics that would create the worst case for injury (injuries
due to both contact with the item and lack of support from the item).
    (c) If a seat is installed aft of structure (e.g., an interior wall
or furnishing) that does not have a homogeneous surface contactable by
the occupant, additional analysis and/or test(s) may be required to
demonstrate that the injury criteria are met for the area which an
occupant could contact. For example, different yaw angles could result
in different injury considerations and may require additional analysis
or separate test(s) to evaluate.
    (d) To accommodate a range of occupant heights (5th percentile
female to 95th percentile male), the surface of items contactable by
the occupant must be homogenous 7.3 inches (185 mm) above and 7.9
inches (200 mm) below the point (center of area) that is contacted by
the 50th percentile male size ATD's head during the longitudinal
test(s) conducted in accordance with paragraphs 1(a), 1(b), and 1(c) of
these special conditions. Otherwise, additional head-injury criteria
(HIC) assessment tests may be necessary. Any surface (inflatable or
otherwise) that provides support for the occupant of any seat place
must provide that

support in a consistent manner regardless of occupant stature. For
example, if an inflatable shoulder belt is used to mitigate injury
risk, then it must be demonstrated by inspection to bear against the
range of occupants in a similar manner before and after inflation.
Likewise, the means of limiting lower-leg flail must be demonstrated by
inspection to provide protection for the range of occupants in a
similar manner.
    (e) For longitudinal test(s) conducted in accordance with Sec.
25.562(b)(2) and these special conditions, the ATDs must be positioned,
clothed, and have lateral instrumentation configured as follows:
    (1) ATD positioning:
    (i) Lower the ATD vertically into the seat while simultaneously
(see Figure 2 for illustration):
[GRAPHIC] [TIFF OMITTED] TP06MY13.009

    (A) Aligning the midsagittal plane (a vertical plane through the
midline of the body; dividing the body into right and left halves) with
approximately the middle of the seat place.
    (B) Applying a horizontal x-axis direction (in the ATD coordinate
system) force of about 20 pounds (lbs) (89 Newtons [N]) to the torso at
approximately the intersection of the midsagittal plane and the bottom
rib of the ES-2re or lower sternum of the Hybrid-II at the midsagittal
plane, to compress the seat back cushion.
    (C) Keeping the upper legs nearly horizontal by supporting them
just behind the knees.
    (ii) Once all lifting devices have been removed from the ATD:
    (A) Rock it slightly to settle it in the seat.
    (B) Separate the knees by about 4 inches (100 mm)
    (C) Set the ES-2re's head at approximately the midpoint of the
available range of z-axis rotation (to align the head and torso
midsagittal planes).
    (D) Position the ES-2re's arms at the joint's mechanical detent
that puts them at approximately a 40 degree angle with respect to the
torso. Position the Hybrid-II ATD hands on top of its upper legs.
    (E) Position the feet such that the centerlines of the lower legs
are approximately parallel to a lateral vertical plane (in the aircraft
coordinate system).
    (2) ATD clothing: Clothe each ATD in form-fitting, mid-calf-length
(minimum) pants and shoes (size 11E) weighing about 2.5 lb (1.1 Kg)
total. The color of the clothing should be in contrast to the color of
the restraint system. The ES-2re jacket is sufficient for torso
clothing, although a form-fitting shirt may be used in addition if
desired.
    (3) ES-2re ATD lateral instrumentation: The rib-module linear
slides are directional, i.e., deflection occurs in either a positive or
negative ATD y-axis direction. The modules must be installed such that
the moving end of the rib module is toward the front of the aircraft.
The three abdominal force sensors must be installed such that they

are on the side of the ATD toward the front of the aircraft.
    (f) The combined horizontal/vertical test, required by Sec.
25.562(b)(1) and these special conditions, must be conducted with a
Hybrid II ATD (49 CFR part 572 subpart B as specified in Sec.  25.562),
or equivalent, occupying each seat position.
    (g) Restraint systems:
    (1) If inflatable restraint systems are used, they must be active
during all dynamic tests conducted to show compliance with Sec.
25.562.
    (2) The design and installation of seat-belt buckles must prevent
unbuckling due to applied inertial forces or impact of the hands/arms
of the occupant during an emergency landing.
    2. Additional performance measures applicable to tests and rational
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785
for side-facing seats:
    (a) Body-to-body contact: Contact between the head, pelvis, torso,
or shoulder area of one ATD with the adjacent-seated ATD's head,
pelvis, torso, or shoulder area is not allowed. Contact during rebound
is allowed.
    (b) Thoracic: The deflection of any of the ES-2re ATD upper,
middle, and lower ribs must not exceed 1.73 inches (44 mm). Data must
be processed as defined in Federal Motor Vehicle Safety Standards
(FMVSS) 571.214.
    (c) Abdominal: The sum of the measured ES-2re ATD front, middle,
and rear abdominal forces must not exceed 562 lb (2,500 N). Data must
be processed as defined in FMVSS 571.214.
    (d) Pelvic: The pubic symphysis force measured by the ES-2re ATD
must not exceed 1,350 lb (6,000 N). Data must be processed as defined
in FMVSS 571.214.
    (e) Leg: Axial rotation of the upper-leg (femur) must be limited to
35 degrees in either direction from the nominal seated position.
    (f) Neck: As measured by the ES-2re ATD and filtered at channel
frequency class (CFC) 600 as defined in SAE J211:
    (1) The upper-neck tension force at the occipital condyle (O.C.)
location must be less than 405 lb (1,800 N).
    (2) The upper-neck compression force at the O.C. location must be
less than 405 lb (1,800 N).
    (3) The upper-neck bending torque about the ATD x-axis at the O.C.
location must be less than 1,018 in-lb (115 Nm).
    (4) The upper-neck resultant shear force at the O.C. location must
be less than 186 lb (825 N).
    (g) Occupant (ES-2re ATD) retention: The pelvic restraint must
remain on the ES-2re ATD's pelvis during the impact and rebound phases
of the test. The upper-torso restraint straps (if present) must remain
on the ATD's shoulder during the impact.
    (h) Occupant (ES-2re ATD) support:
    (1) Pelvis excursion: The load-bearing portion of the bottom of the
ATD pelvis must not translate beyond the edges of its seat's bottom
seat-cushion supporting structure.
    (2) Upper-torso support: The lateral flexion of the ATD torso must
not exceed 40 degrees from the normal upright position during the
impact.
    3. For seats with an airbag system in the shoulder belts, show that
the airbag system in the shoulder belt will deploy and provide
protection under crash conditions where it is necessary to prevent
serious injury. The means of protection must take into consideration a
range of stature from a 2-year-old child to a 95th percentile male. The
airbag system in the shoulder belt must provide a consistent approach
to energy absorption throughout that range of occupants. When the seat
system includes an airbag system, that system must be included in each
of the certification tests as it would be installed in the airplane. In
addition, the following situations must be considered:
    (a) The seat occupant is holding an infant.
    (b) The seat occupant is a pregnant woman.
    4. The airbag system in the shoulder belt must provide adequate
protection for each occupant regardless of the number of occupants of
the seat assembly, considering that unoccupied seats may have an active
airbag system in the shoulder belt.
    5. The design must prevent the airbag system in the shoulder belt
from being either incorrectly buckled or incorrectly installed, such
that the airbag system in the shoulder belt would not properly deploy.
Alternatively, it must be shown that such deployment is not hazardous
to the occupant, and will provide the required injury protection.
    6. It must be shown that the airbag system in the shoulder belt is
not susceptible to inadvertent deployment as a result of wear and tear,
or inertial loads resulting from in-flight or ground maneuvers (e.g.,
including gusts and hard landings), and other operating and
environmental conditions (e.g., vibrations and moisture) likely to
occur in service.
    7. Deployment of the airbag system in the shoulder belt must not
introduce injury mechanisms to the seated occupant, or result in
injuries that could impede rapid egress. This assessment should include
an occupant whose belt is loosely fastened.
    8. It must be shown that inadvertent deployment of the airbag
system in the shoulder belt, during the most critical part of the
flight, will either meet the requirement of Sec.  25.1309(b) or not
cause a hazard to the airplane or its occupants.
    9. It must be shown that the airbag system in the shoulder belt
will not impede rapid egress of occupants 10 seconds after airbag
deployment.
    10. The airbag system must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified
in existing regulations regarding lighting, Sec.  25.1316, and HIRF,
Sec.  25.1317, are incorporated by reference for the purpose of
measuring lightning and HIRF protection.
    11. The airbag system in the shoulder belt must function properly
after loss of normal aircraft electrical power, and after a transverse
separation of the fuselage at the most critical location. A separation
at the location of the airbag system in the shoulder belt does not have
to be considered.
    12. It must be shown that the airbag system in the shoulder belt
will not release hazardous quantities of gas or particulate matter into
the cabin.
    13. The airbag system in the shoulder-belt installation must be
protected from the effects of fire such that no hazard to occupants
will result.
    14. A means must be available for a crew member to verify the
integrity of the airbag system in the shoulder-belt activation system
prior to each flight, or it must be demonstrated to reliably operate
between inspection intervals. The FAA considers that the loss of the
airbag-system deployment function alone (i.e., independent of the
conditional event that requires the airbag-system deployment) is a
major-failure condition.
    15. The inflatable material may not have an average burn rate of
greater than 2.5 inches/minute when tested using the horizontal
flammability test defined in part 25, appendix F, part I, paragraph
(b)(5).
    16. The airbag system in the shoulder belt, once deployed, must not
adversely affect the emergency-lighting system (i.e., block floor
proximity lights to the extent that the lights no longer meet their
intended function).

    Issued in Renton, Washington, on April 30, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-10581 Filed 5-3-13; 8:45 am]
BILLING CODE 4910-13-P