[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Rules and Regulations]
[Pages 32975-32980]
[FR Doc No: 2019-14784]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 84, No. 133 / Thursday, July 11, 2019 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0427; Special Conditions No. 25-752-SC]

Special Conditions: TTF Aerospace, LLC, Airbus Model A330-300 and
Model A330-900 Series Airplanes; Bulk Cargo Lower Deck Crew Rest
Compartments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Airbus Model A330-
300 and Model A330-900 series airplanes. These airplanes, as modified
by TTF Aerospace, LLC (TTF Aerospace), will have a novel or unusual
design feature when compared to the state of technology envisioned in
the airworthiness standards for transport category airplanes. This
design feature is a lower deck mobile crew rest (LD-MCR) compartment
installed in the aft cargo compartment of Model A330–300 and
Model A330-900 series airplanes. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Effective July 11, 2019.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Airframe & Cabin Safety
Section, AIR-675, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On February 20, 2019, TTF Aerospace applied for a supplemental type
certificate for a LD-MCR installed in the aft cargo compartment of
Airbus Model A330-300 and Model A330-900 series airplanes. The Airbus
Model A330-300 and Model A330-900 series airplanes are twin engine,
transport category airplanes with maximum takeoff weights of 405,650
and 533,518 pounds, respectively, and seating for 440 passengers.
    The LD-MCR compartment will be located under the passenger cabin
floor in the aft cargo compartment of Airbus Model A330-300 and Model
A330-900 airplanes. It will be removable from the cargo compartment.
The LD-MCR compartment will be occupied in flight but not during taxi,
takeoff, or landing. No more than ten crewmembers at a time will be
permitted to occupy it. The LD-MCR compartment will have a smoke
detection system, a fire suppression system, and an oxygen system.
    The LD-MCR compartment will be accessed from the main deck via a
``stairhouse.'' The floor within the stairhouse has a hatch that leads
to stairs that occupants use to descend into the LD-MCR compartment. An
interface will keep this hatch open when the stairhouse door is open.
In addition, there will be an emergency hatch that opens directly into
the main passenger cabin. The LD-MCR compartment has a maintenance
door. This door is intended to be used to allow maintenance personnel
and cargo handlers to enter the LD-MCR from the cargo compartment when
the airplane is not in flight.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, TTF Aerospace must show that the Airbus Model A330-300 and
Model A330-900 series airplanes, as changed, continue to meet the
applicable provisions of the regulations listed in Type Certificate No.
A46NM or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA.
    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 Airbus Model A330-300 and Model
A330-900 series airplanes because of a novel or unusual design feature,
special conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A330-300 and Model A330-900 series
airplanes must comply with the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the noise certification requirements
of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A330-300 and Model A330-900 series airplanes will
incorporate the following novel or unusual design features:
    This design feature is a LD-MCR compartment installed in the aft
cargo compartment of Airbus Model A330 300 and Model A330-900 series
airplanes.

Discussion

    While the installation of the crew rest compartment is not a new
concept for large transport category airplanes, each crew rest
compartment has unique features based on design, location, and use on
the airplane. The LD-MCR compartment is novel in terms of part 25 of
title 14 of the CFR in that it will be located under the passenger
cabin floor in the aft cargo compartment of Airbus Model A330-300 and
Model A330-900 series airplanes, which is not contemplated by Sec.
25.819 regarding lower deck service compartments (including galleys).
Due to the novel or unusual features associated with the installation
of a LD-MCR compartment, special conditions are considered necessary to
provide a level of safety equal to that established by the
airworthiness regulations incorporated by reference in the type
certificates of these airplanes, as applicable

airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature.
    Most of these special conditions come from Sec.  25.819, but they
require more stringent standards for fire protection and emergency
egress because of design features and location of the LD-MCR. The
applicant should note that the FAA considers smoke or fire detection
and fire suppression systems (including airflow management features
that prevent hazardous quantities of smoke or fire extinguishing agent
from entering any other compartment occupied by crewmembers or
passengers) for crew rest compartments complex in terms of paragraph 6d
of Advisory Circular (AC) 25.1309-1A, ``System Design and Analysis,''
dated June 21, 1988. In addition, the FAA considers failure of the crew
rest compartment fire protection system (i.e., smoke or fire detection
and fire suppression systems) in conjunction with a crew rest fire to
be a catastrophic event. Based on the ``Depth of Analysis Flowchart''
shown in Figure 2 of AC 25.1309-1A, the depth of analysis should
include both qualitative and quantitative assessments. Refer to
paragraphs 8d, 9, and 10 of AC 25.1309-1A. Note that flammable fluids,
explosives, or other dangerous cargo are prohibited from being carried
in the crew rest areas.
    The requirements to enable crewmembers' quick entry to the crew
rest compartment, and to locate a fire source, inherently places limits
on the amount of baggage that may be carried and the size of the crew
rest area. The FAA considers that the crew rest area must be limited to
the stowage of crew personal luggage and both must not be used for the
stowage of cargo or passenger baggage. The design of such a system to
include cargo or passenger baggage would require additional
requirements to ensure safe operation.
    Furthermore, the addition of galley equipment, or a kitchenette
incorporating a heat source (e.g., cook tops, microwaves, coffee pots,
etc.), other than a conventional lavatory or kitchenette hot water
heater, within the LD-MCR compartment defined in the ``Novel or Unusual
Design Features'' section, may require additional special conditions to
be considered. A hot water heater is acceptable without further special
conditions consideration.
    Finally, amendment 25-38 modified the requirements of Sec.
25.1439(a) by adding, ``In addition, protective breathing equipment
must be installed in each isolated separate compartment in the
airplane, including upper and lower lobe galleys, in which crewmember
occupancy is permitted during flight for the maximum number of
crewmembers expected to be in the area during any operation.'' The LD-
MCR compartment is an isolated separate compartment, so Sec.
25.1439(a) is applicable. However, the Sec.  25.1439(a) protective
breathing equipment (PBE) requirements for isolated separate
compartments are not appropriate because the LD-MCR compartment is
novel or unusual in terms of the number of occupants.
    In 1976, when amendment 25-38 was adopted, small galleys were the
only isolated compartments that had been certificated. Two crewmembers
were the maximum expected to occupy those galleys.
    This crew rest compartment can accommodate up to ten crewmembers.
This large number of occupants in an isolated compartment was not
envisioned at the time amendment 25-38 was adopted. It is not
appropriate for all occupants to don PBEs in the event of a fire
because the first action should be to leave the confined space unless
the occupant is fighting the fire. Taking the time to don the PBE would
prolong the time for the emergency evacuation of the occupants and
possibly interfere with efforts to extinguish the fire. These special
conditions therefore provide procedures that establish a level of
safety equivalent to the PBE requirements.

Operational Evaluations and Approval

    These special conditions outline requirements for flightcrew and
cabin crew rest compartment design approvals (e.g., type design change
or supplemental type certificate) administered by the FAA's Aircraft
Certification Service. Prior to operational use of a flight (cabin)
crew rest compartment, the FAA's Flight Standards Service must
evaluate, for operational suitability the flight (cabin) crew sleeping
quarters and rest facilities. Refer to Sec. Sec.  91.1061(b)(1),
121.485(a), 121.523(b), and 135.269(b)(5).
    Compliance with these special conditions does not ensure that the
applicant has demonstrated compliance with the requirements of 14 CFR
part 91, 121, or 135.
    To obtain an operational evaluation, the type design holder must
contact the appropriate Aircraft Evaluation Group (AEG) in the Flight
Standards Service and request an evaluation for operational suitability
of the flightcrew sleeping quarters in their crew rest facility.
Results of these evaluations should be documented and appended to the
applicable Flight Standardization Board Report. Individual operators
may reference these standardized evaluations in discussions with their
FAA Principal Operating Inspector as the basis for an operational
approval, in lieu of an on-site operational evaluation.
    Any changes to the approved flight (cabin) crew rest compartment
configuration that affect crewmember emergency egress or any other
procedures affecting the safety of the occupying crewmembers and/or
related training shall require a re-evaluation and approval. In the
event of any design change that affects egress, safety procedures, or
training, the applicant is responsible for notifying the FAA's AEG that
a new crew rest facility evaluation is required.
    All instructions for continued airworthiness (ICAs) will be
submitted to the Seattle AEG for approval acceptance, including service
bulletins, before issuance of the FAA modification approval.
    These special conditions are the same as Special Conditions 25-281-
SC, except the maximum occupancy is ten rather than seven occupants,
and a change to the table in Special Condition 20. The conditions
provide an appropriate level of safety for the occupancy limit as only
the size of the compartment will increase to accommodate the additional
occupants, but all other requirements for safety, fire suppression, and
emergency evacuation will remain the same. In addition, the change to
the table in Special Condition 20 is related to the location of the
crew rest and specifics of the crew rest design. Stowage compartments
located in the vicinity of critical equipment or located in an overhead
area would typically be listed as conditional. However, this LD-MCR
compartment is located in the Class C cargo compartment with all of its
features that provide fire protection (e.g., the use of liner material
that meets appendix F to part 25, part III; control of ventilation;
active fire suppression; active fire detection; etc.). These features
remain when the crew rest is installed.
    These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-19-07-
SC for the Airbus Model A330-300 and Model A330-900 series airplane,
which was published in the Federal Register on June 7, 2019 (84 FR
26593). No comments were received, and the

special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the
Airbus Model A330-300 and Model A330-900 airplanes. Should TTF
Aerospace apply at a later date for a supplemental type certificate to
modify any other model included on Type Certificate No. A46NM to
incorporate the same novel or unusual design feature, these special
conditions would apply to that model as well.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register. However, as the certification date for the LD-MCR
compartment is currently scheduled for July 2019 for the Airbus Model
A330-300 and Model A330-900 airplanes is imminent, the FAA finds that
good cause exists to make these special conditions effective upon
publication.

Conclusion

    This action affects only a certain novel or unusual design feature
on Airbus Model A330-300 and Model A330-900 of airplanes as modified by
TTF Aerospace. It is not a rule of general applicability and affects
only the applicant who applied to the FAA for approval of these
features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

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

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus Model A330-300 and Model A330-
900 airplanes, as modified by TTF Aerospace.
    1. Occupancy of the LD-MCR compartment is limited to the total
number of installed bunks and seats in each compartment. For each
occupant permitted in the LD-MCR compartment, there must be an approved
seat or berth able to withstand the maximum flight loads when occupied.
The maximum occupancy in the LD-MCR compartment is ten.
    a. There must be appropriate placards displayed in a conspicuous
place at each entrance to the LD-MCR compartment indicating the
following information:
    (1) The maximum number of occupants allowed;
    (2) That occupancy is restricted to crewmembers trained in the
evacuation procedures for the LD-MCR compartment;
    (3) That occupancy is prohibited during taxi, takeoff and landing;
    (4) That smoking is prohibited in the LD-MCR compartment; and
    (5) That the LD-MCR compartment is limited to the stowage of
personal luggage of crewmembers and must not be used for the stowage of
cargo or passenger baggage.
    b. There must be at least one ashtray located conspicuously on or
near the entry side of any entrance to the LD-MCR compartment.
    c. There must be a means to prevent passengers from entering the
LD-MCR compartment in an emergency or when no flight attendant is
present.
    d. There must be a means for any door installed between the LD-MCR
compartment and the passenger cabin to be capable of being quickly
opened from inside the LD-MCR compartment, even when crowding occurs at
each side of the door.
    e. For all doors installed in the evacuation routes, there must be
a means to preclude anyone from being trapped inside a compartment. If
a locking mechanism is installed, it must be capable of being unlocked
from the outside without the aid of special tools. The lock must not
prevent opening from the inside of a compartment at any time.
    2. There must be at least two emergency evacuation routes, which
could be used by each occupant of the LD-MCR compartment to rapidly
evacuate to the main cabin and could be closed from the main passenger
cabin after evacuation.
    a. The routes must be located with one at each end of the LD-MCR
compartment or with two having sufficient separation within the LD-MCR
compartment and between the routes to minimize the possibility of an
event (either inside or outside of the LD-MCR compartment) rendering
both routes inoperative.
    b. The routes must be designed to minimize the possibility of
blockage, which might result from fire, mechanical or structural
failure, or from persons standing on top of or against the escape
route. If an evacuation route utilizes an area where normal movement of
passengers occurs, it must be demonstrated that passengers would not
impede egress to the main deck. If a hatch is installed in an
evacuation route, the point at which the evacuation route terminates in
the passenger cabin should not be located where normal movement by
passengers or crew occur, such as in a main aisle, cross aisle,
passageway, or galley complex.
    If such a location cannot be avoided, special consideration must be
taken to ensure that the hatch or door can be opened when a person who
is the weight of a ninety-fifth percentile male is standing on the
hatch or door.
    The use of evacuation routes must not be dependent on any powered
device. If there is low headroom at or near an evacuation route,
provision must be made to prevent or to protect occupants of the LD-MCR
compartment from head injury.
    c. Emergency evacuation procedures, including the emergency
evacuation of an incapacitated crewmember from the LD-MCR compartment,
must be established. All of these procedures must be transmitted to the
operator for incorporation into its training programs and appropriate
operational manuals.
    d. There must be a limitation in the Airplane Flight Manual or
other suitable means requiring that crewmembers be trained in the use
of evacuation routes.
    3. There must be a means for the evacuation of an incapacitated
crewmember who is representative of a 95th percentile male from the LD-
MCR compartment to the passenger cabin floor. The evacuation must be
demonstrated for all evacuation routes. A flight attendant or other
crewmember (a total of one assistant within the LD-MCR compartment) may
provide assistance in the evacuation. Additional assistance may be
provided by up to three persons in the main passenger compartment. For
evacuation routes having stairways, the additional assistants may
descend down to one half the elevation change from the main deck to the
LD-MCR compartment or to the first landing, whichever is higher.
    4. The following signs and placards must be provided in the LD-MCR
compartment:
    a. At least one exit sign that meets the requirements of Sec.
25.812(b)(1)(i) at amendment 25-58 must be located near each exit.
However, a sign with reduced background area of no less than 5.3 square
inches (excluding the letters) may be utilized, provided that it is
installed such that the material surrounding the exit sign is light in
color (e.g., white, cream, light beige). If the material surrounding
the exit sign is not light in color, a sign with a minimum of a one-
inch wide background border around the letters would also be
acceptable;
    b. An appropriate placard that defines the location and the
operating

instructions for each evacuation route must be located near each exit;
    c. Placards must be readable from a distance of 30 inches under
emergency lighting conditions; and
    d. The exit handles and the placards with the evacuation path
operating instructions must be illuminated to at least 160
microlamberts under emergency lighting conditions.
    5. There must be a means for emergency illumination to be
automatically provided for the LD-MCR compartment in the event of
failure of the main power system of the airplane or of the normal
lighting system of the LD-MCR compartment.
    a. This emergency illumination must be independent of the main
lighting system.
    b. The sources of general cabin illumination may be common to both
the emergency and the main lighting systems, if the power supply to the
emergency lighting system is independent of the power supply to the
main lighting system.
    c. The illumination level must be sufficient for the occupants of
the LD-MCR compartment to locate and transfer to the main passenger
cabin floor by means of each evacuation route.
    d. The illumination level must be sufficient to locate a deployed
oxygen mask with the privacy curtains in the closed position for each
occupant of the LD-MCR compartment.
    6. There must be means for two-way voice communications between
crewmembers on the flightdeck and crewmembers in the LD-MCR
compartment. Section 25.785(h) at amendment 25-51 requires flight
attendant seats near required floor level emergency exits. Each such
exit seat on the aircraft must have a public address system microphone
that allows two-way voice communications between flight attendants and
crewmembers in the LD-MCR compartment. One microphone may serve more
than one such exit seat, provided the proximity of the exits allows
unassisted verbal communications between seated flight attendants.
    7. There must be a means for manual activation of an aural
emergency alarm system, audible during normal and emergency conditions,
to enable crewmembers on the flightdeck and at each pair of required
floor-level emergency exits to alert crewmembers in the LD-MCR
compartment of an emergency. Use of a public address or crew interphone
system will be acceptable, provided an adequate means of
differentiating between normal and emergency communications is
incorporated. The system must be powered in flight for at least ten
minutes after the shutdown or failure of all engines and auxiliary
power units (APU) or the disconnection or failure of all power sources
that are dependent on the continued operation of the engines and APUs.
    8. There must be a means, readily detectable by seated or standing
occupants of the LD-MCR compartment, which indicates when seat belts
should be fastened. If there are no seats, at least one means, such as
sufficient handholds, must be provided to cover anticipated turbulence.
Seat belt-type restraints must be provided for berths and must be
compatible with the sleeping attitude during cruise conditions. There
must be a placard on each berth indicating that seat belts must be
fastened when the berth is occupied. If compliance with any of the
other requirements of these special conditions is predicated on
specific head location, there must be a placard specifying the head
position.
    9. To provide a level of safety equivalent to that provided to
occupants of a small isolated galley, in lieu of the requirements of
Sec.  25.1439(a) at amendment 25-38 that pertain to isolated
compartments, the following equipment must be provided in the LD-MCR
compartment:
    a. At least one approved hand-held fire extinguisher appropriate
for the kinds of fires likely to occur;
    b. Two portable Protective Breathing Equipment (PBE) units,
approved to Technical Standard Order TSO-C116 or equivalent, which are
suitable for fire-fighting, or one PBE for each hand-held fire
extinguisher, whichever is greater; and
    c. One flashlight.

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

    10. A smoke or fire detection system or systems must be provided to
monitor each occupiable area within the LD-MCR compartment, including
those areas partitioned by curtains. Flight tests must be conducted to
show compliance with this requirement. Each smoke or fire detection
system must provide the following:
    a. A visual indication to the flightdeck within one minute after
the start of a fire;
    b. An aural warning in the LD-MCR compartment; and
    c. A warning in the main passenger cabin. This warning must be
readily detectable by a flight attendant, taking into consideration the
positioning of flight attendants throughout the main- passenger
compartment during various phases of flight.
    11. The LD-MCR compartment must be designed such that fires within
it can be controlled without a crewmember having to enter the
compartment or be designed such that crewmembers equipped for fire-
fighting have unrestricted access to the compartment. The time for a
crewmember on the main deck to react to the fire alarm, don the fire-
fighting equipment, and gain access must not exceed the time for the
compartment to become smoke-filled, making it difficult to locate the
source of the fire.
    12. There must be a means provided to exclude hazardous quantities
of smoke or extinguishing agent originating in the LD-MCR compartment
from entering any other compartment occupied by crewmembers or
passengers. This means must include the time periods during the
evacuation of the LD-MCR compartment and, if applicable, when accessing
the LD-MCR compartment to manually fight a fire. Smoke entering any
other compartment occupied by crewmembers or passengers when the LD-MCR
compartment is opened during an emergency evacuation must dissipate
within five minutes after the LD-MCR compartment is closed.
    Hazardous quantities of smoke may not enter any other compartment
occupied by crewmembers or passengers during subsequent access to
manually fight a fire in the LD-MCR compartment. (The amount of smoke
entrained by a firefighter exiting the LD-MCR compartment through the
access is not considered hazardous.)
    During the one-minute smoke detection time, penetration of a small
quantity of smoke from the LD-MCR compartment into an occupied area is
acceptable. Flight tests must be conducted to show compliance with this
requirement.
    If a built-in fire suppression system is used in lieu of manual
firefighting, the fire suppression system must be designed so that no
hazardous quantities of extinguishing agent will enter other
compartments occupied by passengers or crewmembers. The system must
have adequate capacity to suppress any likely fire occurring in the LD-
MCR compartment, considering the fire threat, the volume of the
compartment and the ventilation rate.
    13. For each seat and berth in the LD-MCR compartment, there must
be a supplemental oxygen system equivalent to that provided for main
deck passengers. The system must provide an

aural and visual warning to alert the occupants of the LD-MCR
compartment of the need to don oxygen masks in the event of
decompression. The warning must activate before the cabin pressure
altitude exceeds 15,000 feet. The aural warning must sound continuously
for a minimum of five minutes or until a reset push button in the LD-
MCR compartment is depressed. Procedures for crewmembers in the LD-MCR
compartment to follow in the event of decompression must be
established. These procedures must be transmitted to the operator for
incorporation into their training programs and appropriate operational
manuals.
    14. The following requirements apply to LD-MCR compartments that
are divided into several sections by the installation of curtains or
doors:
    a. To warn crewmembers who may be sleeping, there must be an aural
alert that accompanies automatic presentation of supplemental oxygen
masks. The alert must be able to be heard in each section of the LD-MCR
compartment. A visual indicator that occupants must don an oxygen mask
is required in each section where seats or berths are not installed. A
minimum of two supplemental oxygen masks are required for each seat or
berth. There must also be a means to manually deploy the oxygen masks
from the flightdeck.
    b. A placard is required adjacent to each curtain that visually
divides or separates the LD-MCR compartment into small sections for
privacy purposes. The placard must indicate that the curtain is to
remain open when the private section it creates is unoccupied.
    c. For each section created by the installation of a curtain, the
following requirements of these special conditions must be met both
with the curtain open and with the curtain closed:
    (1) Emergency illumination (Special Condition 5);
    (2) Aural emergency alarm (Special Condition 7);
    (3) Fasten seat belt signal or return to seat signal as applicable
(Special Condition 8); and
    (4) Smoke or fire detection (Special Condition 10).
    d. Crew rest compartments visually divided to the extent that
evacuation could be affected must have exit signs that direct occupants
to the primary stairway exit. The exit signs must be provided in each
separate section of the LD-MCR compartment and must meet the
requirements of Sec.  25.812(b)(1)(i) at amendment 25-58. An exit sign
with reduced background area, as described in Special Condition 4(a),
may be used to meet this requirement.
    e. For sections within a LD-MCR compartment that are created by the
installation of a partition with a door separating the sections, the
following requirements of these special conditions must be met with the
door open and with the door closed:
    (1) There must be a secondary evacuation route from each section to
the main deck, or it must be shown that any door between the sections
has been designed to preclude anyone from being trapped inside the
compartment. Removal of an incapacitated crewmember from this area must
be considered. A secondary evacuation route from a small room designed
for only one occupant for a short period of time, such as a changing
area or lavatory, is not required. However, removal of an incapacitated
occupant from this area must be considered.
    (2) Any door between the sections must be shown to be openable when
crowded against, even when crowding occurs at each side of the door.
    (3) There may be no more than one door between any seat or berth
and the primary stairway exit.
    (4) There must be exit signs in each section that meet the
requirements of Sec.  25.812(b)(1)(i) at amendment 25-58, that direct
occupants to the primary stairway exit. An exit sign with reduced
background area, as described in Special Condition 4(a), may be used to
meet this requirement.
    (5) Special Conditions 5 (emergency illumination), 7 (aural
emergency alarm), 8 (fasten seat belt signal or return to seat signal
as applicable) and 10 (smoke and fire detection) must be met both with
the door open and the door closed.
    (6) Special Conditions 6 (two-way voice communication) and 9 (PBE
and other equipment) must be met independently for each separate
section, except in lavatories or other small areas that are not
intended to be occupied for extended periods of time.
    15. Where a waste disposal receptacle is fitted, it must be
equipped with a built-in fire extinguisher designed to discharge
automatically upon occurrence of a fire in the receptacle.
    16. Materials, including finishes or decorative surfaces applied to
the materials, must comply with the flammability standards of Sec.
25.853 at amendment 25-66. Mattresses must comply with the flammability
standards of Sec.  25.853(b) and (c) at amendment 25-66.
    17. A lavatory within the LD-MCR compartment must meet the same
requirements as a lavatory installed on the main deck, except with
regard to Special Condition 10 for smoke detection.
    18. When a LD-MCR compartment is installed or enclosed as a
removable module in part of a cargo compartment, or is located directly
adjacent to a cargo compartment without an intervening cargo
compartment wall, the following conditions apply:
    a. Any wall of the LD-MCR compartment, which forms part of the
boundary of the reduced cargo compartment and is subject to direct
flame impingement from a fire in the cargo compartment, and any
interface item between the LD-MCR compartment and the airplane
structure or systems must meet the applicable requirements of Sec.
25.855 at amendment 25-60.
    b. Means must be provided to ensure that the fire protection level
of the cargo compartment meets the applicable requirements of
Sec. Sec.  25.855 at amendment 25-60; 25.857 at amendment 25-60; and
25.858 at amendment 25-54 when the LD-MCR compartment is not installed.
    c. Use of each emergency evacuation route must not require
occupants of the LD-MCR compartment to enter the cargo compartment in
order to return to the passenger compartment.
    d. The aural emergency alarm specified in Special Condition 7 must
sound in the LD-MCR compartment in the event of a fire in the cargo
compartment.
    19. Means must be provided to prevent access into the Class C cargo
compartment, whether or not the LD-MCR compartment is installed, during
all airplane flight operations, and to ensure that the maintenance door
is closed and secured during all airplane flight operations.
    20. All enclosed stowage compartments within the LD-MCR compartment
that are not limited to stowage of emergency equipment or airplane
supplied equipment (i.e., bedding), must meet the design criteria given
in the table below. As indicated in the table, enclosed stowage
compartments larger than 200 ft\3\ in interior volume are not addressed
by these Special Conditions. The in-flight accessibility of very large
enclosed stowage compartments, and the subsequent impact on the
crewmembers' ability to effectively reach any part of the compartment
with the contents of a hand fire extinguisher will require additional
fire protection considerations similar to those required for
inaccessible compartments such as Class C cargo compartments.

----------------------------------------------------------------------------------------------------------------
                                                      Stowage compartment interior volumes
   Fire protection features    ---------------------------------------------------------------------------------
                                    Less than 25 ft\3\         25 ft\3\ to 57 ft\3\      57 ft\3\ to 200 ft\3\
----------------------------------------------------------------------------------------------------------------
Materials of Construction \1\.  Yes.......................  Yes......................  Yes.
Detectors \2\.................  No........................  Yes......................  Yes.
Liner \3\.....................  No........................  No.......................  Yes.
Location Detector \4\.........  No........................  Yes......................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ Material: The material used to construct each enclosed stowage compartment must at least be fire resistant
  and must meet the flammability standards established for interior components per the requirements of Sec.
  25.853. For compartments less than 25 ft\3\ in interior volume, the design must ensure the ability to contain
  a fire likely to occur within the compartment under normal use.
\2\ Detectors: Enclosed stowage compartments equal to or exceeding 25 ft\3\ in interior volume must be provided
  with a smoke or fire detection system to ensure that a fire can be detected within a one-minute detection
  time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must
  provide:
(a) A visual indication in the flight-deck within one minute after the start of a fire;
(b) An aural warning in the crew rest compartment; and
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking
  into consideration the positioning of flight attendants throughout the main passenger compartment during
  various phases of flight.
\3\ Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability
  requirements of a liner for a Class B cargo compartment, no liner would be required for enclosed stowage
  compartments equal to or greater than 25 ft\3\ but less than 57 ft\3\ in interior volume. For all enclosed
  stowage compartments equal to or greater than 57 ft\3\ but less than or equal to 200 ft\3\ in interior volume,
  a liner must be provided that meets the requirements of Sec.   25.855 at amendment 25-60 for a Class B cargo
  compartment.
\4\ Location Detector: LD-MCR compartments that contain enclosed stowage compartments with an interior volume
  that exceeds 25 ft\3\ and are located away from one central location, such as the entry to the LD-MCR
  compartment or a common area within the LD-MCR compartment, would require additional fire protection features
  or devices to assist the firefighter in determining the location of a fire.

    Issued in Des Moines, Washington, on July 8, 2019.
Mary A. Schooley,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-14784 Filed 7-10-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56895-56896]
[FR Doc No: 2012-22639]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67814; File No. SR-NYSE-2012-41]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the New York Stock Exchange LLC Price List To Make Changes to
Certain Transaction Fees To Eliminate the Step-Up Rate for Non-Floor
Broker Transactions

September 10, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 31, 2012, New York Stock Exchange LLC (the ``Exchange''
or ``NYSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. 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 make changes to certain transaction fees
within its Price List to eliminate the step-up rate for non-Floor
broker transactions. 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
    The Exchange proposes to make changes to certain transaction fees
within its Price List to eliminate the step-up rate for non-Floor
broker transactions. The Exchange proposes to make the rule change
operative on September 1, 2012.
    Member organizations are currently charged $0.0023 per share for
all non-Floor broker transactions (i.e., when taking liquidity from the
NYSE) that are not otherwise specified in the Price List. In addition,
non-Floor broker member organizations that add specified amounts of
liquidity to the NYSE above their normal amount (``step-up'') are
charged a lower rate of $0.0022 per share per transaction. The lower
rate applies to non-Floor broker member organizations if the member
organization's ADV adds liquidity to the NYSE during the billing month
(``Adding ADV'') \3\ that is at least the greater of (i) the member
organization's January 2012 Adding ADV (``Baseline ADV'') plus 0.075%
of consolidated average daily volume in NYSE-listed securities during
the billing month (``NYSE CADV'') or (ii) the member organization's
Baseline ADV plus 20%. Additionally, if a member organization's ratio
of Baseline ADV-to-total ADV during January 2012 is less than 10%, this
rate only applies to the member organization's shares that are executed
in an amount up to and including 0.75% of NYSE CADV. The rate of
$0.0023 per-share applies to the member organization's remaining shares
that are executed, unless the member organization's Adding ADV is
greater than its Baseline ADV by at least 0.25% of NYSE CADV.
---------------------------------------------------------------------------

    \3\ With respect to this lower rate, calculations of Adding ADV
exclude early closing days as well as any liquidity added by a
Designated Market Maker.
---------------------------------------------------------------------------

    The Exchange proposes to eliminate this step-up rate so that member
organizations are charged $0.0023 per share for all non-Floor broker
transactions that are not otherwise specified in the Price List,
regardless of the level of adding liquidity.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\4\ in general, and furthers the objectives of Section 6(b)(4)

of the Act,\5\ in particular, because it provides for the equitable
allocation of reasonable dues, fees, and other charges among its
members and issuers and other persons using its facilities and does not
unfairly discriminate between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is reasonable,
equitable and not unfairly discriminatory because it would streamline
the Price List with respect to determining the particular credit
applicable to non-Floor broker transactions that are not otherwise
specified in the Price List. Specifically, the Exchange believes that
eliminating the step-up rate would simplify the method by which member
organizations are charged for non-Floor broker transactions. In
addition, the criteria for non-Floor broker transactions are
transparent and quantitative. The Exchange also believes that
eliminating the step-up rate is reasonable because member organizations
will be charged the same fee that was previously charged by Exchange
for all transactions that are not otherwise specified in the Price
List.\6\ The Exchange believes that the proposed rule change is
reasonable because eliminating the step-up rate would remove a pricing
tier from the Price List that member organizations have generally not
utilized. The Exchange believes it is reasonable, equitable, and not
unfairly discriminatory to charge $0.0023 for non-Floor broker
transactions that take liquidity and $0.0022 for Floor broker
transactions that take liquidity, because Floor brokers have slower
access to the Exchange via handheld technology, and Floor brokers are
prohibited from routing directly to other market centers from handheld
devices, which prevents them from accessing any associated pricing
opportunities that might exist at those away markets.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 63642 (January 4,
2011), 76 FR 1653 (January 11, 2011) (SR-NYSE-2010-87).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting, its fees and credits to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed rule change reflects this
competitive environment.

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.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \7\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \8\ thereunder, because it establishes a due, fee, or other charge
imposed by the NYSE.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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-2012-41 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-2012-41. 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
a.m. and 3 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-2012-41 and should be
submitted on or before October 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22639 Filed 9-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]
[Page 16214-16215]
[DOCID:fr31mr10-145]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61783; File No. SR-NSCC-2010-03]

Self-Regulatory Organizations; The National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Expand the Eligibility of Securities Processed Through
the ID Net Service

March 25, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on March 5, 2010, the
National Securities Clearing Corporation (``NSCC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change described in Items I, II, and III below, which items have been
prepared primarily by NSCC. NSCC filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \3\ thereunder so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the rule
change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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

    The proposed rule change amends NSCC's rules regarding the
eligibility of securities processed through the ID Net Service (``ID
Net'').

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

    In its filing with the Commission, NSCC 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 these statements may be examined at the places specified in
Item IV below. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

    On June 2, 2008, the Commission approved a rule change that
provided for the settlement of institutional transactions through a
joint service of NSCC and The Depository Trust Company (``DTC'') called
ID Net. ID Net enables subscribers to the service to net all eligible
affirmed institutional transactions at DTC against Continuous Net
Settlement (``CNS'') transactions \5\ at NSCC. ID Net accepts affirmed
institutional transactions that are eligible for ID Net from clearing
agencies,\6\ entities exempt from clearing agency registration with the
Commission, and ``qualified vendors'' \7\ and nets the broker-dealer's
affirmed institutional transactions side of such transaction with the
broker-dealer's CNS obligations.
---------------------------------------------------------------------------

    \5\ NSCC's Continuous Net Settlement System (CNS) is an
automated accounting and securities settlement system that
centralizes and nets the settlement of compared and recorded
security transactions and maintains an orderly flow of security and
money balances. CNS provides clearance for equities, corporate
bonds, unit investment trusts, and municipal bonds that are eligible
for book-entry transfer at DTC.
    \6\ The clearing agency must be registered pursuant to Section
17A of the Act or obtain an exemption.
    \7\ The term ``qualified vendor'' is defined in the rules of the
New York Stock Exchange, the National Association of Securities
Dealers, and other self-regulatory organizations.
---------------------------------------------------------------------------

    Participation in ID Net is voluntary. Eligibility for ID Net
requires that a

broker-dealer be a DTC participant and an NSCC member eligible for CNS
processing. The custodian bank must be a DTC participant. In addition,
eligibility for ID Net processing is based on the underlying security
being processed, the type of transaction submitted for processing, and
the timing of affirmation. Most equity securities that are eligible for
CNS are eligible for ID Net processing. However, the following
securities were initially excluded from ID Net eligibility: (1)
Corporate and municipal bonds and unit investment trust issues; (2) new
issue securities; (3) securities that are IPO tracked (because the use
of omnibus accounts will bypass the tracking system); (4) trades in
issues that are currently undergoing a mandatory or voluntary
reorganization; (5) trades in CUSIPs with a CNS buy-in; and (6) trades
in securities appearing on the SEC's Regulation SHO list. At its
inception, NSCC noted that because ID Net was a new service, it was
excluding certain securities that could potentially have a relatively
high rate of delivery failure or disrupt normal processing of
transactions in ID Net in order to ensure that the system ran smoothly.
NSCC also noted that as its experience with ID Net grew, it would
revaluate the exclusion of certain issues.
    Since the implementation of ID Net, the service has operated with
minimal disruption, thus allaying the concerns regarding the addition
of certain securities previously excluded from the service. In order to
enhance processing efficiency and at the request of its members, NSCC
is expanding ID Net to allow NSCC at its discretion from time to time
to make eligible for ID Net any security that is eligible for CNS
processing.
    NSCC will announce by ``Important Notice'' particular securities or
classes of securities are made eligible for processing through ID Net.
    The proposed rule change is consistent with Section 17A of the
Act,\8\ as amended, and the rules and regulations thereunder applicable
to NSCC. The proposed rule change will promote the prompt and accurate
clearance and settlement of securities transactions by leveraging the
capabilities of the NSCC system to provide for more streamlined
securities deliveries and to extend netting benefits and efficiencies
to more ID Net transactions.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

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

    Written comments relating to the proposed rule change were not and
are not intended to be solicited or received. NSCC will notify the
Commission of any written comments received by NSCC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-
4(f)(4) \10\ thereunder because the proposed rule change effects a
change in an existing service of NSCC that: (i) Does not adversely
affect the safeguarding of securities or funds in the custody or
control of NSCC or for which it is responsible and (ii) does not
significantly affect the respective rights or obligations of NSCC or
persons using the service. At any time within sixty days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2010-03 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-NSCC-2010-03. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filings also will be available for
inspection and copying at the principal office of NSCC and on NSCC's
Web site at http://www.dtcc.com/downloads/legal/rule_filings/2010/
nscc/2010-03.pdf. 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-
NSCC-2010-03 and should be submitted on or before April 21, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7204 Filed 3-30-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44167-44168]
[FR Doc No: 2014-17830]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-114-000.
    Applicants: Gila River Power LLC, Union Power Partners, L.P.,
Entegra Power Services LLC, Wayzata Investment Partners LLC, Luminus
Management, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act Gila River Power LLC, et al.
    Filed Date: 7/18/14.
    Accession Number: 20140718-5136.
    Comments Due: 5 p.m. ET 8/8/14.

    Docket Numbers: EC14-68-000; ES14-28-000.
    Applicants: Integrys Energy Group, Inc., Balfour Beatty
Infrastructure Partners GP Limited, Upper Peninsula Power Company.
    Description: Supplement to March 14, 2014 Applications for
Authorization under Section(s) 203 and 204 of the Federal Power Act of
Upper Peninsula Power Company, et al.
    Filed Date: 7/18/14.
    Accession Number: 20140718-5137.
    Comments Due: 5 p.m. ET 7/28/14.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-78-000.
    Applicants: OCI Alamo 4 LLC.
    Description: Self-Certification of EWG of OCI Alamo 4 LLC.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5060.
    Comments Due: 5 p.m. ET 8/11/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1748-002.
    Applicants: Southwest Power Pool, Inc.
    Description: Order 755 Compliance Filing--Docket ER13-1748 to be
effective 3/1/2015.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5085.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-1386-001.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-07-21--EIMCompliance to be effective 9/23/2014.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5088.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2305-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Errata Filing to Service Agreement No. 3318; Queue No.
X3-075 to be effective 6/4/2014.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5000.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2420-000.
    Applicants: RE Columbia, LLC.
    Description: Supplement to Baseline Filing--Shared Facilities Agr
and Co-Tenancy Agr to be effective N/A.
    Filed Date: 7/18/14.
    Accession Number: 20140718-5076.
    Comments Due: 5 p.m. ET 8/8/14.

    Docket Numbers: ER14-2466-000.
    Applicants: RE Camelot LLC.
    Description: Baseline Filing--Market-Based Rate Tariff to be
effective 9/7/2014.
    Filed Date: 7/18/14.
    Accession Number: 20140718-5111.
    Comments Due: 5 p.m. ET 8/8/14.

    Docket Numbers: ER14-2467-000.
    Applicants: Southern California Edison Company.
    Description: Notices of Cancellation SGIA and Distribution Service
Agmt with CAL SP VII, LLC to be effective 6/26/2014.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5001.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2468-000.
    Applicants: NorthWestern Corporation.
    Description: OATT Order No. 792 Compliance Filing (South Dakota) to
be effective 7/22/2014.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5026.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2469-000.
    Applicants: NorthWestern Corporation.
    Description: OATT Order No. 792 Compliance Filing (Montana) to be
effective 7/22/2014. 80.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5029.
    Comments Due: 5 p.m. ET 8/11/14.

    Docket Numbers: ER14-2470-000.
    Applicants: Duke Energy Progress, Inc.
    Description: PEMC RS 172 2nd Amendment Clean up to be effective 12/
27/2013.
    Filed Date: 7/21/14.
    Accession Number: 20140721-5047.
    Comments Due: 5 p.m. ET 8/11/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings

must file in accordance with Rules 211 and 214 of the Commission's
Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern
time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 21, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-17830 Filed 7-29-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6523-6525]
[FR Doc No: 2011-2006]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 76, No. 25 / Monday, February 7, 2011 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1152; Directorate Identifier 2009-CE-026-AD;
Amendment 39-16589; AD 2011-03-05]
RIN 2120-AA64

Airworthiness Directives; Dornier Luftfahrt GmbH Models Dornier
228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier
228-202, and Dornier 228-212 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. This AD results from mandatory
continuing airworthiness information (MCAI) issued by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    The TC Holder received from operators, whose fleets are operated
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the
web of fuselage frame 19. On 05 February 2007, EASA issued
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on
all Dornier 228 aeroplanes. In addition, the TC Holder also
initiated a flight-test campaign including strain measurements as
well as finite element modelling and fatigue analyses to better
understand the stress distribution onto the frame 19 and the
associated structural components.
    The results of these investigations confirmed that STOL
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main
Landing Gear (MLG). This condition, if not corrected, could cause
rupture of frame 19, leading to subsequent collapse of a MLG.

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective March 14, 2011.
    On March 14, 2011, the Director of the Federal Register approved
the incorporation by reference of Dornier 228 Time Limits/Maintenance
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008,
listed in this AD.
    As of June 26, 2007 (72 FR 28591, May 22, 2007), the Director of
the Federal Register approved the incorporation by reference of RUAG
Alert Service Bulletin No. ASB-228-266, dated December 1, 2006, listed
in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
    For service information identified in this AD, contact RUAG
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253,
82231 Wessling, Germany; telephone: + 49 (0) 8153-302280; fax: + 49 (0)
8153-303030. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Greg Davison, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 18, 2010
(75 FR 70623), and proposed to supersede AD 2007-11-03, Amendment 39-
15060 (72 FR 28591; May 22, 2007). That NPRM proposed to correct an
unsafe condition for the specified products. The MCAI states that:

    The TC Holder received from operators, whose fleets are operated
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the
web of fuselage frame 19. On 05 February 2007, EASA issued
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on
all Dornier 228 aeroplanes. In addition, the TC Holder also
initiated a flight-test campaign including strain measurements as
well as finite element modelling and fatigue analyses to better
understand the stress distribution onto the frame 19 and the
associated structural components.
    The results of these investigations confirmed that STOL
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main
Landing Gear (MLG). This condition, if not corrected, could cause
rupture of frame 19, leading to subsequent collapse of a MLG.
    For the reasons described above, this new AD requires
installation of reinforcements and butt straps on frame 19 at the
lower part of the fuselage for aeroplanes used in operations where
this frame may be subject to high stress and recurring inspections
of that frame for all aeroplanes.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 17 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $8,670 or $510 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15060 (72 FR
28591; May 22, 2007) and adding the following new AD:

2011-03-05 Dornier Luftfahrt GmbH: Amendment 39-16589; Docket No.
FAA-2010-1152; Directorate Identifier 2009-CE-026-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March
14, 2011.

Affected ADs

    (b) This AD supersedes AD 2007-11-03, Amendment 39-15060.

Applicability

    (c) This AD applies to Dornier Luftfahrt GmbH Model Dornier 228-
100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 228-
202, and Dornier 228-212 airplanes, all serial numbers, that are
certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 53:
Fuselage.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The TC Holder received from operators, whose fleets are operated
in demanding operating-conditions and with very frequent Short Take-
Off and Landing (STOL) operations, reports of cracks located in the
web of fuselage frame 19. On 05 February 2007, EASA issued
Airworthiness Directive (AD) 2007-0028 which mandated Alert Service
Bulletin (ASB) 228-266 and required an inspection of the frame 19 on
all Dornier 228 aeroplanes. In addition, the TC Holder also
initiated a flight-test campaign including strain measurements as
well as finite element modelling and fatigue analyses to better
understand the stress distribution onto the frame 19 and the
associated structural components.
    The results of these investigations confirmed that STOL
operations diminish extensively the fatigue life of the frame 19.
    Fuselage frame 19 supports the rear attachment of the Main
Landing Gear (MLG). This condition, if not corrected, could cause
rupture of frame 19, leading to subsequent collapse of a MLG.
    For the reasons described above, this new AD requires
installation of reinforcements and butt straps on frame 19 at the
lower part of the fuselage for aeroplanes used in operations where
this frame may be subject to high stress and recurring inspections
of that frame for all aeroplanes.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) For all airplanes, within 25 hours time-in-service (TIS)
after June 26, 2007 (the effective date of AD 2007-11-03), visually
inspect the affected fuselage frame 19 using the instructions in
Dornier 228 RUAG Alert Service Bulletin No. ASB-228-266, dated
December 1, 2006.
    (2) If any crack is found during the inspection required in
paragraph (f)(1) of this AD, before further flight, contact RUAG
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box
1253, 82231 Wessling, Germany; telephone: +49-(0)8153-30-2280; fax:
+49-(0)8153-30-3030; e-mail<EMAIL_ADDRESS>for
FAA-approved repair instructions and incorporate the repair on the
airplane.
    (3) After accomplishment of paragraph (f)(1) or (f)(2) of this
AD, as applicable, repetitively thereafter do Structural Significant
Item (SSI) Task No. 53.37 of Structure Inspection Program of Dornier
228 Time Limits/Maintenance Checks Manual, Temporary Revision No.
05-27, dated August 4, 2008, at intervals not to exceed 2,400
landings or 72 months, whichever occurs first.
    (g) If the number of landings is unknown, calculate the
compliance times of landings in this AD by using hours TIS. Multiply
the number of hours TIS by 0.8 to come up with the number of
landings. For the purpose of this AD:
    (1) 800 landings equals 1,000 hours TIS; and
    (2) 1,600 landings equals 2,000 hours TIS.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows:
    (1) The MCAI requires different compliance times for airplanes
operated in different conditions. The FAA is not able to enforce
compliance times based on airplane operations since there is no way
of determining the amount of operations in different conditions. To
ensure the unsafe condition is addressed adequately and timely, we
are requiring the inspection for all airplanes following a guideline
combining number of landings and life limits.

    (2) The service information allows flight with known cracks
provided they do not exceed a certain limit. FAA policy does not
allow flight with cracks in primary structure. Since the fuselage is
considered primary structure, we are mandating repair before further
flight after any crack is found.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Greg Davison, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2009-0085, dated April 14, 2009; RUAG Alert Service Bulletin No.
ASB-228-266, dated December 1, 2006; and Dornier 228 Time Limits/
Maintenance Checks Manual, Temporary Revision No. 05-27, dated
August 4, 2008, for related information. For service information
related to this AD, contact RUAG Aerospace Services GmbH, Dornier
228 Customer Support, P.O. Box 1253, 82231 Wessling, Germany;
telephone: + 49 (0) 8153-302280; fax: + 49 (0) 8153-303030. You may
review copies of the referenced service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Material Incorporated by Reference

    (h) You must use RUAG Alert Service Bulletin No. ASB-228-266,
dated December 1, 2006; and Dornier 228 Time Limits/Maintenance
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008,
to do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Dornier 228 Time Limits/Maintenance
Checks Manual, Temporary Revision No. 05-27, dated August 4, 2008,
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) On June 26, 2007 (72 FR 28591, May 22, 2007), the Director
of the Federal Register previously approved the incorporation by
reference of RUAG Alert Service Bulletin No. ASB-228-266, dated
December 1, 2006.
    (3) For service information identified in this AD, contact RUAG
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box
1253, 82231 Wessling, Germany; telephone: + 49 (0) 8153-302280; fax:
+ 49 (0) 8153-303030.
    (4) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on January 25, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-2006 Filed 2-4-11; 8:45 am]
BILLING CODE 4910-13-P


                                    Measure
                                  Description
               Purpose
                                     Range
Inspections
Projected vs. Actual Inspections  -  Safety/Health
The percent of projected inspections that are actually conducted in a given fiscal year, broken down by safety and health inspections.
This indicates whether there is appropriate planning, targeting and adequate amount of resources devoted to safety and health inspections as outlined in annual performance plan.
Grant:
+/- 5%
Average Lapse Time  -  Safety/Health
The average number of days between opening conference and citation issuance, broken down by safety and health inspections.
This measures the timeliness, or lapse time, of safety and health inspection citations, which is an important factor in having hazards addressed in a timely manner and ensuring that employees are aware of the hazards in their workplace.
National:
+/- 20%
Number of Inspection Denials where Entry Not Obtained
The number of attempted inspections where the State Plan compliance officer was denied entry and unable to inspect.
The number of denied entries indicates that compliance officers may not be following the proper legal procedures or pursuing all possible routes to obtain entry to ensure the workplace is free from hazards.
0
Percent of Enforcement Presence
The percent of inspections per establishments in targeted (high hazard) industries in the State.
This measures the enforcement presence in the State.  The more inspections conducted in proportion to workplaces, the greater the visibility of the State Plan which serves as a deterrent for employers.
National:
-25%
Complaints
Average Number of Days to Initiate Complaint Investigations
The number of days between receiving the complaint and holding the opening conference (beginning the inspection) at the worksite.
This measures the timeliness of responding to complaint investigations.  Quick response time ensures that potential safety and health hazards are addressed in a timely manner, and reduces the likelihood of injury or illness.
Negotiated
Average Number of Days to Initiate Complaint Inspections
The number of days between receiving the complaint and notifying the employer of potential hazards and requiring response.
This measures the timeliness of responding to complaint inspections to ensure that employers are made aware of and can correct potential hazards.
Negotiated
Hazard Identification and Violation Classification
Average Number of Violations per NIC Inspection  -  SWR/Other
The average number of violations per not in compliance (NIC) inspection, broken down by serious/willful/repeat violations and other violations.
A low number of violations per case, or few serious violations cited, may indicate that inspectors are not properly identifying or classifying hazards.
National:
+/- 20%
Field Compliance Measure  -  Safety/Health
The in-compliance rate for inspections where no violations were found for safety and health inspections.
This measures whether high hazard workplaces are targeted for inspection.  A high number of in compliance inspections may indicate that the agency is not correctly targeting hazardous workplaces or industries.

National:
+/- 20%
                                    Measure
                                  Description
               Purpose
                                     Range
Discrimination
Percent of 11c Discrimination Investigations Completed within 90 Days
The percent of (11c) discrimination investigations that are completed within 90 calendar days, from the case file date to the disposition date.
This indicates whether or not discrimination complaints are completed in a timely manner (90 days as required by the Occupational Safety and Health Act of 1970).
100%
Average Number of Days to Complete an 11c Discrimination Investigation
The average number of days from the case file date to the disposition date.
This indicates whether or not discrimination complaints are completed in a timely manner and the extent to which cases are overdue (older than 90 days).
90
Penalties
Average Current Penalty per Serious Violation
The average current penalty per serious violation for the private sector only.  This measure is also broken down by employer size (number of employees controlled nationwide).  The current penalty is a "snapshot" since penalties frequently change between issuance and settlement.
This measures whether or not penalty calculations and penalty levels are appropriate in order to serve as a sufficient deterrent, which depends largely upon the size of the employer.
National:
+/- 25%
Average Percent of initial Penalty Retained for non-contested violations
The percent of average current penalty for non-contested violations that is retained compared to the average initial penalty.
This indicates whether or not State Plans have appropriate penalty reduction policies.  A higher retention rate acts as a deterrent and encourages compliance.
National:
+/- 10%
Responsiveness
Percent of Fatalities Responded to in 1 Day
The percent of all fatalities for which the State initiates an inspection within one day.
This measures whether or not fatalities are responded to in a timely manner to ensure hazards are removed and as required by the Occupational Safety and Health Act of 1970.
100%
Percent of Imminent Danger Complaints and Referrals Responded to within 1 Day
The percent of complaints and referrals that may indicate imminent danger for which the State initiates an inspection within one day.
This measures whether or not imminent dangers are addressed in a timely manner to ensure the prompt correction and removal of employees from danger.
100%
Abatement
Number of non-contested Abatements incomplete for 60 Days or more
The number of open, non-contested cases with incomplete abatement for 60 days or more.
This indicates whether or not there is proper follow-up to overdue abatements to ensure employers are addressing and removing hazards in a timely manner.
Negotiated