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.

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# Rules and Regulations Federal Register 

### 55629

Vol. 78, No. 176

Wednesday, September 11, 2013

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 23**

**[Docket No. FAA–2013–0781; Special Conditions No. 23–261–SC]** 

**Special Conditions: Cirrus Design Corporation, Model SF50; Inflatable**  **Three-Point Restraint Safety Belt With an Integrated Airbag Device** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final special conditions; request
for comments.

**SUMMARY :**  These special conditions are issued for the Cirrus Design Corporation (Cirrus), model SF50. This airplane will have novel and unusual design features
associated with installation of an inflatable three-point restraint safety belt with an integrated airbag device at the pilot and co-pilot seats to include optional installations at other passenger seat locations. 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 September 11, 2013. We must receive comments by October 11, 2013.

**ADDRESSES :**  Send comments identified by docket number [FAA–2013–0781] using any of the following methods:

b Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.

b 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.

b Hand Delivery of 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 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays.

b 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.

**SUPPLEMENTARY INFORMATION :**  The FAA
has determined that notice and opportunity for prior public comment is impractical because these procedures would significantly delay issuance of approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with
no substantive comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective upon issuance.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments.

We will consider all comments we receive on or before the closing date for
comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions
based on the comments we receive.

Background

On September 9, 2008, Cirrus applied for a Type Certificate for their newModel SF50. The SF50 is a singleengine turbofan powered jet that can carry up to seven occupants.

This aircraft will include a three-point safety belt restraint system withintegrated airbags for the pilot and copilot seats. The aircraft will have airbags as a standard feature on all of the pilot and copilot seat locations with optional airbags offered at other passenger locations. Optional locations must meet all applicable special conditions.

The inflatable restraint systems are a three-point safety belt restraint system consisting of a lap belt and shoulder harness with an inflatable airbag attached to the lap belt. The inflatable portion of the restraint system will rely
on sensors to activate the inflator electronically for deployment.

When activated, the airbags will inflate and provide a protective cushion between the occupant’s head and the structure within the airplane. This will reduce the potential for head and torso injury. The inflatable restraint behaves
in a manner similar to an automotive airbag; however, in this case, the airbag is integrated into the lap 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 based on 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:

• They perform properly under foreseeable operating conditions; and

• They do not perform in a manner or at such times as to impede the pilot’s


### 55630 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations

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 and speeds during these phases of flight. The FAA has considered this when establishing these special conditions.

The inflatable restraint system relies
on sensors to activate the inflator electronically 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. The applicant 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 because 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, since the same airplane may be used by both experienced and student pilots. 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 airplane 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 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 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 seats of the model SF50 airplanes are certificated to the structural requirements of § 23.562; therefore, the test emergency landing pulses identified in § 23.562 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. Cirrus 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. Cirrus may show that such deployment is not hazardous to the occupant and will still provide the required protection.

The cabin of the Cirrus model SF50 airplane is a confined area 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 airbag 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 14 CFR 21.17,
Cirrus must show that the model SF50 meets the applicable provisions of part 23, as amended by amendment 23–62
thereto.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 23, Amendment 23– 62) do not contain adequate or appropriate safety standards for the
SF50 because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

In addition to the applicable airworthiness regulations and special conditions, the SF50 must comply with
the fuel vent and exhaust emission requirements of 14 CFR part 34, amendment 34–4, and the noise certification requirements of 14 CFR part 36, amendment 36–28; and the FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92– 574, the ‘‘Noise Control Act of 1972.’’

The FAA issues special conditions in accordance with §§ 11.19 and 11.38 and they become part of the type certification basis under § 21.17(a)(2).

Special conditions are initially applicable to the model for which they are issued. Should the type certificate
for that model be amended later to include any other model that incorporates the same novel or unusual


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design feature, the special conditions would also apply to the other model.

Novel or Unusual Design Features

The SF50 will incorporate the following novel or unusual design
feature:

A three-point safety belt restraint system incorporating an inflatable airbag.

Discussion

The SF50 will have novel and unusual design features associated with installation of an inflatable three-point restraint safety belt with an integrated airbag device at the pilot and co-pilot
seats. The manufacturer will also offer optional airbags at other passenger locations. Optional locations must meet all applicable special conditions. 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 lap belt in a manner similar to an automotive airbag. The airbag will deploy between the head of the occupant and airplane interior structure, which will provide some protection to the head of the occupant. The restraint will rely on
sensors to activate the inflator electronically for deployment.

Section 23.562 states performance
criteria for seats and restraints in an objective manner. However, none of these criteria is adequate to address the specific issues raised concerning inflatable restraints. Therefore, the FAA has determined that, in addition to the requirements of parts 21 and 23, special
conditions are needed to address the
installation of this inflatable restraint.

Accordingly, these special conditions are adopted for the Cirrus Design Corporation Model SF50 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 model SF50 equipped with the three-point inflatable restraint systems. Should Cirrus Design Corporation apply at a later date for a change to the type
certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features on model SF50 airplanes. It is not a rule of general applicability and it affects only the applicant who applied to the FAA for approval of these features on the airplane.

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

List of Subjects in 14 CFR Part 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 21.17; and 14 CFR
11.19 and 11.38.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Cirrus Design Corporation Model SF 50 airplane.

1. Inflatable Three-Point Restraint Safety Belt with an Integrated Airbag

Device

a. It must be shown that the inflatable restraint will deploy and provide protection under crash conditions. Compliance will be demonstrated using the dynamic test condition specified in § 23.562(b)(2). 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.

b. 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. c. 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.

d. It must be shown that the inflatable restraint system is not susceptible to inadvertent deployment as a result of wear and tear or inertial loads resulting from in-flight or ground maneuvers (including gusts and hard landings) that are likely to be experienced in service.

e. 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.

f. 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.

g. It must be shown that an inadvertent deployment that could cause injury to a standing or sitting person is improbable. In addition, the restraint must provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system.

h. It must be shown that the inflatable restraint will not impede rapid egress of the occupants 10 seconds or later after its deployment.

i. For the purposes of complying with HIRF and lightning requirements, the inflatable restraint system is considered a critical system since its deployment
could have a hazardous effect on the airplane.

j. It must be shown that the inflatable
restraints will not release hazardous quantities of gas or particulate matter
into the cabin.

k. The inflatable restraint system installation must be protected from the
effects of fire such that no hazard to occupants will result.

l. There must be a means to verify the integrity of the inflatable restraint activation system prior to each flight or it must be demonstrated to reliably operate between inspection intervals.

m. A life limit must be established for appropriate system components.

n. Qualification testing of the internal firing mechanism must be performed at


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vibration levels appropriate for a general aviation airplane.

Issued in Kansas City, Missouri on September 4, 2013.

Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2013–22101 Filed 9–10–13; 8:45 am]

**BILLING CODE 4910–13–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Parts 9 and 721**

**[EPA–HQ–OPPT–2011–0941; FRL–9398–7]**

**RIN 2070–AB27**

**Significant New Use Rule on Certain**
**Chemical Substances**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  Under the Toxic Substances Control Act (TSCA), EPA is finalizing the significant new use rule (SNUR) for
three chemical substances which were the subject of premanufacture notices (PMNs) and subject to a TSCA section 5(e) consent order issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these three chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it

occurs.

**DATES :**  This final rule is effective October 11, 2013.

**ADDRESSES :**  The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2011–0941, is
available at http://www.regulations.gov
or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202)
566–0280. Please review the visitor
instructions and additional information
about the docket available at http:// www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.

For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@

epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. Does this action apply to me?

You may be potentially affected by this action if you manufacture, process,
or use the chemical substances contained in this final rule. Potentially affected entities may include, but are
not limited to:

• Manufacturers or processors of the subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries.

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to
certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in § 721.5. If you have questions regarding the applicability of this action to a particular entity, consult the technical person listed under **FOR FURTHER**

**INFORMATION CONTACT**

.

This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements promulgated at 19 CFR 12.118 through 12.127 and 19 CFR 127.28. Chemical importers must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. Importers of chemicals subject to a SNUR must certify their compliance with the SNUR requirements. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, any persons who export or intend to export a chemical substance that is the subject of a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) (see § 721.20), and must comply with the export notification requirements in 40 CFR part 707, subpart D.

II. Background

A. What action is the agency taking?

EPA is finalizing a SNUR under TSCA section 5(a)(2) for three chemical substances that were the subject of PMNs and subject to a TSCA section 5(e) consent order issued by EPA. The
SNUR is codified at 40 CFR 721.10515. The final SNUR designates as a significant new use manufacture (including import) or processing in the presence of the restrictions required in
the consent order. The final SNUR for
these substances is based on and consistent with the provisions in the underlying consent order. This final action requires persons who intend to manufacture or process the chemical substances for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity.

This rule was proposed in the Federal Register issue of January 23, 2013 (78 FR 4806) (FRL–6369–9). EPA received no public comments in response to the proposal for PMNs P–10–58, P–10–59, and P–10–60. Therefore, the Agency is issuing a final SNUR, as proposed that:

1. Revises significant new use requirements for specific uses identified
in the consent order.

EPA did receive and comments on the remaining chemical substance in the proposed rule, PMN P–07–0204 (§ 721.10509), and will address that in a future, separate action.

B. What is the agency’s authority for taking this action?

Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine
that a use of a chemical substance is a ‘‘significant new use.’’ EPA must make this determination by rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture or process the chemical substance for that use. Persons who must report are described in § 721.5.

C. Applicability of General Provisions

General provisions for SNURs appear in 40 CFR part 721, subpart A. These provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements,