Unknown. Final special conditions; request for comments

5,407 words·~25 min read·/register/2012/03/23/2012-6956·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-03-23.xml --- 77 57 Friday, March 23, 2012 Contents Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 17001 2012-7014 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Livestock Mandatory Reporting Program: Establishment of the Reporting Regulation for Wholesale Pork, 16951-16967 2012-6992 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service NOTICES Meetings:

Match Making in the Biofuels Value Chain, 17001 2012-7021 Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 17035-17036 2012-6972 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: Cellco Partnership, Comcast Cable Communications, LLC, Time Warner Cable LLC, and Bright House Networks, LLC, 17095 2012-7072 Global Climate and Energy Project, 17095 2012-7077 Army Army Department See Engineers Corps NOTICES Meetings:

U.S. Army Command & General Staff College Subcommittee, 17036 2012-7076 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17065-17066 2012-7024 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program:

Eligibility Changes under Affordable Care Act, 17144-17217 2012-6560 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17068 2012-7066 Approvals as Deeming Authorities for Rural Health Clinics: American Assoc. for Accreditation of Ambulatory Surgery Facilities, 17068-17070 2012-6331 Medicare and Medicaid Programs: Approval of Community Health Accreditation Program for Home Health Agency Accreditation Program, 17072-17073 2012-6598 Det Norske Veritas Healthcare;

Application for Continued Approval of Hospital Accreditation Program, 17070-17072 2012-6856 Meetings: Advisory Panel on Outreach and Education, Medicare, Medicaid, and Children's Health Insurance Programs, 17073-17074 2012-6609 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17074-17075 2012-6977 Coast Guard Coast Guard RULES Drawbridge Operations: Miami River, Miami, FL, 16928-16929 2012-6982 Willamette River, Portland, OR, 16927-16928 2012-6984 Safety Zones:

Fireworks Displays within the Fifth Coast Guard District, 16929-16937 2012-6781 Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters, 17254-17320 2012-6579 PROPOSED RULES Special Local Regulations: Macy's Fourth of July Fireworks Display Spectator Viewing Areas; Hudson River; New York, NY, 16978-16981 2012-6980 Ocean State Tall Ships Festival 2012, Narragansett Bay, RI, 16974-16978 2012-6986 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17081-17082 2012-6981 Environmental Impact Statements;

Availability, etc.: Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters, 17082-17084 2012-6584 Meetings: National Boating Safety Advisory Council, 17084-17085 2012-6983 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions, 17034-17035 2012-7006 Procurement List;

Proposed Additions and Deletions, 17035 2012-7001 Defense Department Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Applications for New Awards: Strengthening Institutions Program, 17044-17050 2012-7070 Training for Realtime Writers Program, 17039-17044 2012-7068 List of Correspondence from October 1 through December 31, 2011, 17050-17051 2012-7069 Employment and Training Employment and Training Administration NOTICES Funding Availabilities:

Serving Ex-Offenders through Strategies Targeted to Characteristics Common to Female Ex-Offenders, 17098 2012-6932 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Bogue Banks Coastal Storm Damage Reduction Feasibility Study, Carteret County, NC, 17036-17037 2012-7039 Mississippi River Hydrodynamic and Delta Management Study, Louisiana Coastal Area, LA, 17037-17038 2012-7038 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Illinois; Volatile Organic Compound Emission Control Measures for Chicago and Metro-East St. Louis Ozone Nonattainment Areas, 16940-16942 2012-6938 West Virginia; Regional Haze State Implementation Plan, 16937-16940 2012-7027 PROPOSED RULES Air Quality: Revision to Definition of Volatile Organic Compounds; Exclusion of a Group of Four Hydrofluoropolyethers, 16981-16987 2012-6911 National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production, 16987-16988 2012-7029 Protection of Stratospheric Ozone:

Amendment to HFO-1234yf SNAP Rule for Motor Vehicle Air Conditioning Sector, 16988-16990 2012-6918 Submission to Secretary of Agriculture of Two Draft Regulatory Documents under FIFRA, 16990-16991 2012-6929 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 17051-17052 2012-7031 Memorandum of Understanding Regarding Genetically Engineered Plants; Clarification and Correction: Environmental Protection Agency, Department of Health and Human Services and Department of Agriculture, 17052 2012-6926 Requests to Voluntarily Amend Registration to Terminate Certain Uses:

Metaldehyde, 17052-17055 2012-7078 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 16914-16916 2012-6778 Bombardier, Inc. Airplanes, 16919-16921 2012-6530 Pratt & Whitney

(PW)Turbofan Engines, 16916-16917 2012-6952 Pratt & Whitney Division Turbofan Engines, 16921-16923 2012-6996 Rolls-Royce Deutschland Ltd and Co KG Turbofan Engines, 16917-16919 2012-6995 Special Conditions: Boeing Model 787 Series Airplanes; Single-place Side-facing Seats with Inflatable Lapbelts, 16910-16914 2012-6957 Embraer S.A., Model EMB 505; Inflatable Side-Facing Seat Three-Point Restraint Safety Belt, etc., 16907-16910 2012-6956 PROPOSED RULES Airworthiness Directives: Burkhart GROB Luft- und Raumfahrt GmbH Powered Sailplanes, 16968-16970 2012-7012 Pratt and Whitney Division Turbofan Engines, 16967-16968 2012-6965 NOTICES Meetings: Government/Industry Aeronautical Charting Forum; Correction, 17104-17105 2012-7058 Federal Communications Federal Communications Commission NOTICES Meetings; Sunshine Act, 17055 2012-7265 Federal Deposit Federal Deposit Insurance Corporation NOTICES Intra-Agency Appeal Process; Guidelines: Material Supervisory Determinations and Appeals of Deposit Insurance Assessment Determinations, 17055-17060 2012-7049 Federal Motor Federal Motor Carrier Safety Administration NOTICES Applications for Exemptions from Commercial Driver's License Standards: Rotel North American Tours, LLC; Correction, 17105 2012-7123 Identification of Interstate Motor Vehicles; Petitions for Determinations: Chicago, IL Registration Emblem Requirement, 17105-17107 2012-7124 Qualifications of Drivers; Exemption Applications: Diabetes Mellitus, 17116-17117 2012-7120 Vision, 17108-17109 2012-7129 Food and Drug Food and Drug Administration RULES Agreements and Memoranda of Understanding with Other Departments, Agencies, and Organizations, 16923-16925 2012-6967 Medical Devices; Neurological Devices: Classification of the Near Infrared Brain Hematoma Detector, 16925-16927 2012-6975 PROPOSED RULES Agreements and Memoranda of Understanding with Other Departments, Agencies, and Organizations, 16971-16973 2012-6969 Direct-to-Consumer Prescription Drug Advertisements: Presentation of Major Statement in Television and Radio Advertisements, etc., 16973-16974 2012-6948 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adverse Event Reporting and Recordkeeping for Dietary Supplements, etc., 17076-17077 2012-6961 Meetings: Gastrointestinal Drugs Advisory Committee, 17078 2012-6971 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program, 17004 2012-7034 WIC Infant and Toddler Feeding Practices Study-2, 17002-17004 2012-7033 Child Nutrition Programs: Income Eligibility Guidelines, 17004-17006 2012-7036 Special Supplemental Nutrition Program for Women, Infants and Children: Income Eligibility Guidelines, 17006-17007 2012-7037 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Manufacturing Authority: Morgan Fabrics Corp., Foreign-Trade Zone 158, Vicksburg/Jackson, MS, 17012 2012-7059 Applications for Reorganization Under the Alternative Site Framework: Foreign-Trade Zone 64, Jacksonville, FL, 17012-17013 2012-7061 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Pilgrim Timber Sale Project:, Kootenai National Forest, Cabinet Ranger District, MT, 17007-17009 2012-7052 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Patient Protection and Affordable Care Act: Standards Related to Reinsurance, Risk Corridors and Risk Adjustment, 17220-17252 2012-6594 NOTICES Requirements and Registration for Beat Down Blood Pressure Challenge, 17060-17062 2012-6979 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17078-17079 2012-7085 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 17126-17142 2012-6674 Section 8 Housing Choice Vouchers: Revised Implementation of the HUD-VA Supportive Housing Program, 17086-17090 2012-7081 Interior Interior Department See Land Management Bureau NOTICES Trust Land Consolidation Draft Plan, 17091 2012-7131 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17123-17124 2012-6974 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Sodium Hexametaphosphate from the People's Republic of China, 17013-17017 2012-7060 Final Affirmative Countervailing Duty Determinations, Final Affirmative Critical Circumstances Determinations: Certain Steel Wheels from the People's Republic of China, 17017-17021 2012-7055 Final Determinations of Sales at Less Than Fair Value: Certain Steel Nails from the United Arab Emirates, 17029-17032 2012-7067 Certain Steel Wheels from the People's Republic of China, 17021-17026 2012-7047 Certain Stilbenic Optical Brightening Agents from Taiwan, 17027-17029 2012-7063 International Trade Com International Trade Commission NOTICES Complaints: Certain Food Waste Disposers and Components and Packaging Thereof, 17093-17094 2012-6997 Investigations; Terminations, Modifications and Rulings: Certain Portable Communication Devices, 17094 2012-6998 Justice Department Justice Department See Antitrust Division See National Institute of Corrections Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The 13 Carcinogens Standard, 17097-17098 2012-7042 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: California Desert Conservation Area Plan Amendment for the Calnev Pipe Line Expansion Project, 17091-17092 2012-6921 Filing of Plats of Survey: Nebraska, 17092 2012-7013 New Mexico, 17092-17093 2012-7017 Meetings: Idaho Falls District Resource Advisory Council, 17093 2012-7015 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Diesel-Powered Equipment for Underground Coal Mines, 17099-17100 2012-6989 Independent Contractor Registration and Identification, 17098-17099 2012-6988 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 17101-17102 2012-7000 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Endowment for the Humanities; Cancellation, 17102 2012-6985 National Institute Corrections National Institute of Corrections NOTICES Cooperative Agreement Solicitations: Development of a Core Correctional Practices Curriculum, 17095-17097 2012-7016 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health & Human Development, 17080 2012-7093 National Institute of Biomedical Imaging and Bioengineering, 17080 2012-7095 National Institute of Nursing Research, 17079-17080 2012-7089 National Oceanic National Oceanic and Atmospheric Administration RULES Central Regulatory Area of the Gulf of Alaska: Pacific Cod by Catcher Vessels Greater Than or Equal to 50 Feet Length Overall Using Hook-and-line Gear, 16949 2012-7043 Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 630 in the Gulf of Alaska, 16950 2012-7046 Fisheries of the Northeastern U.S.: Northeast Multispecies Fishery; Amendment 17, 16942-16949 2012-7062 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 18A, 16991-17000 2012-7045 NOTICES Meetings: Advisory Committee to the U.S. Section of the International Commission for the Conservation of Atlantic Tunas, 17032-17033 2012-7064 Taking and Importing Marine Mammals: Gulf of Mexico Range Complex; Letter of Authorization, 17033-17034 2012-7041 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Mathematical and Physical Sciences; Correction, 17102 2012-7040 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Military Readiness Activities in the Northwest Training and Testing Study Area; Correction, 17038-17039 2012-7018 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 17102 2012-7177 Alaska Natural Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects NOTICES Review of Federal Permit Conditions, 17009-17012 2012-6406 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Supplementary Advisory Bulletins: Pipeline Safety - Cast Iron Pipe, 17119-17121 2012-7080 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 17102-17104 2012-6987 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Ecstatic Alphabets/Heaps of Language, 17104 2012-7044 Surface Transportation Surface Transportation Board NOTICES Control Exemptions: RailAmerica, Inc., et al. for Wellsboro & Corning Railroad, LLC, 17121 2012-7054 Quarterly Rail Cost Adjustment Factor, 17121-17122 2012-7048 Temporary Trackage Rights Exemptions: Indiana Southern Railroad, LLC from Norfolk Southern Railway Co., 17122 2012-7053 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17122-17123 2012-6991 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Foreign Residence Requirement of Section 212(e) of Immigration and Nationality Act, 17085-17086 2012-6976 Customs U.S. Customs and Border Protection NOTICES 2012 West Coast Trade Symposium, Transforming Trade for a Stronger Economy; Correction, 17086 2012-7079 Separate Parts In This Issue Part II Housing and Urban Development Department, 17126-17142 2012-6674 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 17144-17217 2012-6560 Part IV Health and Human Services Department, 17220-17252 2012-6594 Part V Homeland Security Department, Coast Guard, 17254-17320 2012-6579 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 57 Friday, March 23, 2012 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA-2012-0315; Special Conditions No. 23-257-SC] Special Conditions: Embraer S.A., Model EMB 505; Inflatable Side-Facing Seat Three-Point Restraint Safety Belt With an Integrated Airbag Device in the Side-Facing Divan Aft Position AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the installation of an inflatable three-point restraint safety belt with an integrated airbag device at the aft position in two-place side-facing divan seats on the Embraer S.A. aircraft model EMB-505. These airplanes, as modified by the installation of these inflatable safety belts, will have novel and unusual design features associated with the upper-torso restraint portions of the three-point safety belts, which contain an integrated airbag device. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is March 16, 2012. Comments must be received on or before April 23, 2012. ADDRESSES: Send comments identified by docket number FAA-2012-0315 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 202-493-2251. *Privacy:* The FAA will post all comments it receives, without change, to *http://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: Mr. Bob Stegeman, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4140, fax 816-329-4090, email *Robert.Stegeman@faa.gov* . SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to submit such written data, views, or arguments, as they may desire. Communications should identify the regulatory docket or special condition number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2012-0315.” The postcard will be date stamped and returned to the commenter. Background On December 13, 2010, Embraer S.A. applied for a Design Change Application, for the installation of a two-place side-facing divan on aircraft model EMB-505. Embraer S.A. applied for, and was granted, Exemption No. 10321 to § 23.562 for the two-place divan due to its unique installation and safety requirements for the occupants. The exemption included additional testing requirements. Embraer opted to use a three-point safety belt restraint system for the aft occupant seat to meet the exemption safety requirements. The inflatable restraint systems are three-point safety belt restraint systems consisting of a lap belt and shoulder harness with an inflatable airbag attached to the shoulder harness belt. The inflatable portion of the restraint system will rely on sensors to electronically activate the inflator for deployment. If an emergency landing occurs, the airbag will inflate, limit forward translation and prevent contact with the forward occupant or other interior structure due to flailing. This will reduce the potential for head and torso injury and protect the forward occupant as well. The inflatable restraint behaves in a manner similar to an automotive airbag; however, in this case, the airbag is integrated into the shoulder belt. While airbags and inflatable restraints are standard in the automotive industry, the use of an inflatable restraint system is novel for general aviation operations. The FAA has determined that this project will be accomplished on the basis of providing the same current level of safety as the conventional certification basis airplane occupant restraint systems. The FAA has two primary safety concerns with the installation of airbags or inflatable restraints: • That they perform properly under foreseeable operating conditions; and • That they do not perform in a manner or at such times as to impede the pilot's ability to maintain control of the airplane or constitute a hazard to the airplane or occupants. The latter point has the potential to be the more rigorous of the requirements. An unexpected deployment while conducting the takeoff or landing phases of flight may result in an unsafe condition. The unexpected deployment may either startle the pilot or generate a force sufficient to cause a sudden movement of the control yoke. Either action could result in a loss of control of the airplane, the consequences of which are magnified due to the low operating altitudes during these phases of flight. This concern is of lesser consequence in this application because it is not installed in a cockpit position. The FAA has considered this when establishing these special conditions. The inflatable restraint system relies on sensors to electronically activate the inflator for deployment. These sensors could be susceptible to inadvertent activation, causing deployment in a potentially unsafe manner. The consequences of an inadvertent deployment must be considered in establishing the reliability of the system. Embraer S.A. must show that the effects of an inadvertent deployment in flight are not a hazard to the airplane or that an inadvertent deployment is extremely improbable. In addition, general aviation aircraft are susceptible to a large amount of cumulative wear and tear on a restraint system. The potential for inadvertent deployment may increase as a result of this cumulative damage. Therefore, the impact of wear and tear on inadvertent deployment must be considered. The effect of this cumulative damage means a life limit must be established for the appropriate system components in the restraint system design. There are additional factors to be considered to minimize the chances of inadvertent deployment. General aviation airplanes are exposed to a unique operating environment. The effect of this environment on inadvertent deployment must be understood. Therefore, qualification testing of the firing hardware/software must consider the following: • The airplane vibration levels appropriate for a general aviation airplane; and • The inertial loads that result from typical flight or ground maneuvers, including gusts and hard landings. Any tendency for the firing mechanism to activate as a result of these loads or acceleration levels is unacceptable. Other influences on inadvertent deployment include high intensity electromagnetic fields

(HIRF)and lightning. Since the sensors that trigger deployment are electronic, they must be protected from the effects of these threats. To comply with HIRF and lightning requirements, the AmSafe, Inc., inflatable restraint system is considered a critical system, since its inadvertent deployment could have a hazardous effect on the airplane. Given the level of safety of the occupant restraints currently installed, the inflatable restraint system must show that it will offer an equivalent level of protection for an emergency landing. If an inadvertent deployment occurs, the restraint must still be at least as strong as a Technical Standard Order approved belt and shoulder harnesses. There is no requirement for the inflatable portion of the restraint to offer protection during multiple impacts, where more than one impact would require protection. The inflatable restraint system must deploy and provide protection for each occupant under an emergency landing condition. The side-facing seats of EMB-505 model airplanes are certificated to the structural requirements of § 23.562 and Exemption 10321; therefore, the test emergency landing pulses identified must be used to satisfy this requirement. A wide range of occupants may use the inflatable restraint; therefore, the protection offered by this restraint should be effective for occupants that range from the fifth percentile female to the ninety-fifth percentile male. Energy absorption must be performed in a consistent manner for this occupant range. In support of this operational capability, there must be a means to verify the integrity of this system before each flight. Embraer S.A. may establish inspection intervals where they have demonstrated the system to be reliable between these intervals. An inflatable restraint may be “armed” even though no occupant is using the seat. While there will be means to verify the integrity of the system before flight, it is also prudent to require unoccupied seats with active restraints not constitute a hazard to any occupant. This will protect any individual performing maintenance inside the cockpit while the aircraft is on the ground. The restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. In addition, the design must prevent the inflatable seatbelt from being incorrectly buckled and/or installed such that the airbag would not properly deploy. Embraer S.A., may show that such deployment is not hazardous to the occupant and will still provide the required protection. The cabins of the Embraer S.A. model airplane identified in these special conditions are confined areas, and the FAA is concerned that noxious gasses may accumulate if the airbag deploys. When deployment occurs, either by design or inadvertently, there must not be a release of hazardous quantities of gas or particulate matter into the cockpit. An inflatable restraint should not increase the risk already associated with fire. Therefore, the inflatable restraint should be protected from the effects of fire to avoid creating an additional hazard by, for example, a rupture of the inflator. Finally, the airbag is likely to have a large volume displacement, and possibly impede the egress of an occupant. Since the bag deflates to absorb energy, it is likely that the inflatable restraint would be deflated at the time an occupant would attempt egress. However, it is appropriate to specify a time interval after which the inflatable restraint may not impede rapid egress. Ten seconds has been chosen as reasonable time. This time limit will offer a level of protection throughout the impact event. Type Certification Basis Under the provisions of § 21.101, Embraer S.A. must show that the EMB-505 model airplane continues to meet the applicable provisions of the applicable regulations in effect on the date of application for the type certificate. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The following model is covered by this special condition: Embraer S.A. Model EMB-505 For the model listed above, the certification basis also includes all exemptions, if any; equivalent level of safety findings, if any; and special conditions not relevant to the special conditions adopted by this rulemaking action. If the Administrator determines that the applicable airworthiness regulations (i.e., part 23 as amended) do not contain adequate or appropriate safety standards for the AmSafe, Inc., inflatable restraint as installed on this Embraer S.A. model because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the models for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to that model under the provisions of § 21.101. Novel or Unusual Design Features The Embraer S.A. EMB-505 model airplane will incorporate the following novel or unusual design feature: A three-point safety belt restraint system incorporating an inflatable airbag at the aft position in the two-place side-facing divan. The purpose of the airbag is to reduce the potential for injury in the event of an accident. In a severe impact, an airbag will deploy from the shoulder harness, in a manner similar to an automotive airbag. The airbag will deploy between the head of the occupant and airplane interior structure and forward adjacent occupant, which will provide some protection to the head of the occupant and significantly limit forward flailing of the upper torso and head. The restraint will rely on sensors to electronically activate the inflator for deployment. The Code of Federal Regulations states performance criteria for seats and restraints in an objective manner. However, none of these criteria are adequate to address the specific issues raised concerning inflatable restraints. Therefore, the FAA has determined that, in addition to the requirements of part 21 and part 23, special conditions are needed to address the installation of this inflatable restraint. Accordingly, these special conditions are adopted for the Embraer S.A. EMB-505 model airplane equipped with three-point inflatable restraints. Other conditions may be developed, as needed, based on further FAA review and discussions with the manufacturer and civil aviation authorities. Applicability As discussed above, these special conditions are applicable to the Embraer S.A. EMB-505 model airplane equipped with the three-point inflatable restraint systems. Conclusion This action affects only certain novel or unusual design features on the previously identified Embraer S.A. airplane model. It is not a rule of general applicability, and it affects only the applicant who applied to the FAA for approval of these features on the airplane. Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, the substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. For this reason, and because a delay would significantly affect the delivery of the airplane(s), the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19. The Special Conditions The FAA has determined that this project will be accomplished on the basis of not lowering the current level of safety of the Embraer S.A. EMB-505 model airplane occupant restraint systems. 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 this model. *Embraer S.A., Model EMB 505; Inflatable Side-Facing Seat Three-Point Restraint Safety Belt with an Integrated Airbag Device in the Side-Facing Divan Aft Position of the Embraer S.A. EMB-505 model airplanes.* In addition to the provisions of 14 CFR 23.562 and 23.785, the minimum acceptable standards for certification of multiple place side-facing divans equipped with an airbag system in the shoulder harnesses are as follows: 1. It must be shown that the inflatable restraint will deploy and provide protection under the dynamic test conditions specified in Title 14 CFR 23.562. It is not necessary to account for floor warpage, as required by § 23.562(b)(3) or vertical dynamic loads, as required by § 23.562(b)(1). The means of protection must take into consideration a range of stature from a 5th percentile female to a 95th percentile male. The inflatable restraint must provide a consistent approach to energy absorption throughout that range. 2. The inflatable restraint must provide adequate protection for each occupant. In addition, unoccupied seats that have an active restraint must not constitute a hazard to any occupant. 3. The design must prevent the inflatable restraint from being incorrectly buckled and/or incorrectly installed such that the airbag would not properly deploy. Alternatively, it must be shown that such deployment is not hazardous to the occupant and will provide the required protection. 4. It must be shown that the inflatable restraint system is not susceptible to inadvertent deployment as a result of wear and tear or the inertial loads resulting from in-flight or ground maneuvers (including gusts and hard landings) that are likely to be experienced in service. 5. It must be extremely improbable for an inadvertent deployment of the restraint system to occur, or an inadvertent deployment must not impede the pilot's ability to maintain control of the airplane or cause an unsafe condition (or hazard to the airplane). In addition, a deployed inflatable restraint must be at least as strong as a Technical Standard Order

(C114)certificated belt and shoulder harness. 6. It must be shown that deployment of the inflatable restraint system is not hazardous to the occupant or result in injuries that could impede rapid egress. This assessment should include occupants whose restraint is loosely fastened. 7. It must be shown that an inadvertent deployment that could cause injury to a sitting person is improbable. In addition, the restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. 8. It must be shown that the inflatable restraint will not impede rapid egress of the occupants 10 seconds after its deployment. 9. The system must be protected from lightning and HIRF. The threats specified in existing regulations regarding lighting and HIRF, are incorporated by reference for the purpose of measuring lightning and HIRF protection. Also, for purposes of complying with these requirements, the airbag system is considered a critical system at pilot/co-pilot positions only. 10. It must be shown that the inflatable restraints will not release hazardous quantities of gas or particulate matter into the cabin. 11. The inflatable restraint system installation must be protected from the effects of fire such that no hazard to occupants will result. 12. There must be a means to verify the integrity of the inflatable restraint activation system before each flight or it must be demonstrated to reliably operate between inspection intervals. 13. A life limit must be established for appropriate system components. 14. Qualification testing of the internal firing mechanism must be performed at vibration levels appropriate for a general aviation airplane. Issued in Kansas City, Missouri, on March 16, 2012. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012-6956 Filed 3-22-12; 8:45 am]

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