Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 41473 

of Veterans Business Development, 409 

3rd Street SW., Washington, DC 20416. 

For more information, please visit our 

Web site at www.sba.gov/vets. 

Dated: July 5, 2012. 

Dan Jones, 

SBA Committee Management Officer. 

[FR Doc. 2012–17109 Filed 7–12–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF STATE 

[Public Notice 7954] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Projects 98: Slavs and Tartars’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000 

(and, as appropriate, Delegation of 

Authority No. 257 of April 15, 2003), I 

hereby determine that the objects to be 

included in the exhibition ‘‘Projects 98: 

Slavs and Tartars,’’ imported from 

abroad for temporary exhibition within 

the United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit objects at The Museum of 

Modern Art in New York, New York 

from on or about August 8, 2012, until 

on or about December 11, 2012, and at 

possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Ona M. 

Hahs, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202–632–6473). The mailing 

address is U.S. Department of State, SA– 

5, L/PD, Fifth Floor (Suite 5H03), 

Washington, DC 20522–0505. 

Dated: June 29, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–17170 Filed 7–12–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 7953] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘Lion 

Attacking a Horse’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, and Delegation of 

Authority No. 236–3 of August 28, 2000 

(and, as appropriate, Delegation of 

Authority No. 257 of April 15, 2003), I 

hereby determine that the object entitled 

‘‘Lion Attacking a Horse,’’ to be 

imported by The J. Paul Getty Museum 

from abroad for temporary exhibition 

within the United States, is of cultural 

significance. The object is imported 

pursuant to a loan agreement with the 

foreign owners or custodians. I also 

determine that the exhibition or display 

of the exhibit object at The J. Paul Getty 

Museum in Los Angeles, California from 

on or about August 10, 2012 to on or 

about February 4, 2013; and possible 

additional exhibitions or venues yet to 

be determined; is in the national 

interest. I have ordered that Public 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a listing 

of the exhibit object, contact Ona M. 

Hahs, Attorney-Adviser, Office of the 

Legal Adviser, U.S. Department of State 

(telephone: 202–632–6473). The mailing 

address is U.S. Department of State, SA– 

5, L/PD, Fifth Floor (Suite 5H03), 

Washington, DC 20522–0505. 

Dated: June 29, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–17179 Filed 7–12–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Proposed Technical Standard Order 

(TSO)–C126b, 406 MHz Emergency 

Locator Transmitters (ELT) and Notice 

of Intent To Withdraw TSO 

Authorizations (TSOA) for TSO–C91a, 

Emergency Locator Transmitter (ELT) 

Equipment, and TSO–C126/C126a, 406 

MHz Emergency Locator Transmitters 

(ELT) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of availability and 

request for public comment. 

SUMMARY: This notice announces the 

availability of proposed TSO–C126b and 

the FAA’s intent to withdraw TSO 

authorizations (TSOA) issued for the 

manufacture of automatic fixed (AF) 

and automatic portable (AP) ELTs under 

TSO–C91a, TSO–C126, and TSO–C126a 

which incorporate hook and loop 

fasteners in their design. This proposed 

action would affect ELT manufacturers. 

The FAA is not proposing requiring 

actions on previously installed ELTs. 

The FAA is taking this action based on 

its determination that hook and loop 

fasteners are not an acceptable means of 

compliance to meet the mounting and 

retention requirements of current TSOs 

for ELTs. The FAA is requesting 

comment on proposed TSO–C126b and 

the FAA’s proposal to withdraw certain 

other ELT TSOAs. 

DATES: Comments must be received on 

or before September 11, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Charisse Green, AIR–130, Federal 

Aviation Administration, 470 L’Enfant 

Plaza, Suite 4102, Washington, DC 

20024. Telephone (202) 385–5637, fax 

(202) 385–4651, email to: 

Charisse.Green@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

You are invited to comment on 

proposed TSO–C126b and the proposed 

withdrawal of TSOAs for the 

manufacture of automatic fixed (AF) 

and automatic portable (AP) ELTs under 

TSO–C91a, TSO–C126, and TSO–C126a 

which incorporate hook and loop 

fasteners in their design by submitting 

written data, views, or arguments to the 

address specified in FOR FURTHER

INFORMATION CONTACT. If you propose 

alternate actions, please provide 

detailed information on your alternative 

and indicate whether the information 

you provide is proprietary. Comments 

received may be examined, both before 

and after the closing date at Federal 


srobinson on DSK4SPTVN1PROD with NOTICES
41474 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 

Aviation Administration, 470 L’Enfant 

Plaza, Suite 4102, Washington, DC 

20024., weekdays except Federal 

holidays, between 8:30 a.m. and 4:30 

p.m. The Director, Aircraft Certification 

Service, will consider all comments 

received on or before the closing date. 

Background 

In several recent aircraft accidents, 

ELTs mounted with hook and loop 

fasteners, commonly referred to as 

Velcro®, have detached from their 

aircraft mounting tray. The separation of 

the ELT from its mounting tray has 

caused the antenna connection to sever, 

rendering the ELT ineffective and 

severely impacting the performance of 

the TSO’d ELT. 

Section 347 of the FAA 

Modernization and Reform Act of 2012 

(Pub. L. 112–95) requires the FAA to 

determine if the ELT mounting 

requirements and retention tests 

specified by TSO–C91a and TSO–C126 

are adequate to assess retention 

capabilities in ELT designs. Based on 

that determination, the Act requires the 

Administrator to make any necessary 

revisions to the requirements and 

retention tests to ensure that ELTs are 

properly retained in the event of an 

aircraft accident. 

Evaluation of ELT Mounting 

Requirements and Retention Tests 

The FAA evaluated the mounting 

requirements and retention tests 

specified in TSO–C91a, TSO–C126 and 

TSO–C126a. These TSOs specifically 

address ELT mounting and require the 

mounting design to meet certain 

specifications; however, they do not 

require or preclude any specific type of 

retention mechanism. Based upon its 

evaluation, the FAA has determined 

that the standards contained in these 

TSOs do not adequately address the use 

of hook and loop fasteners. While these 

types of fasteners can meet the TSO 

requirements for retention forces in 

laboratory conditions, accident 

investigations have found these 

fasteners are not reliable in service. 

Recent accident data reveals hook and 

loop fasteners have failed to retain the 

ELT in its mount. The following three 

documents describe specific accidents 

in which an ELT failed to remain its 

mount after an accident: 

(1) NTSB Aircraft Accident Report 

AAR–11–03: The antenna cable was 

severed from the ELT when the ELT 

slipped out of the hook and loop 

fastener which retained the ELT to the 

installed mount. The ELT functioned 

properly during post accident testing by 

the manufacturer and NTSB. As a result 

of its investigation the NTSB made 

safety recommendation A–10–170 to the 

FAA which stated: ‘‘Determine if the 

emergency locator transmitter mounting 

requirements and retention tests 

specified by TSO–C91a and TSO–C126a 

are adequate to assess retention 

capabilities in ELT designs. Based on 

the results of this determination, revise, 

as necessary, TSO requirements to 

ensure proper retention of ELTs during 

airplane accidents.’’ 

(2) NTSB Factual Report—Aviation 

NTSB ID WPR10FA273: The antenna 

cable was severed from the ELT when 

the ELT slipped out of the hook and 

loop fastener which retained the ELT to 

the installed mount. The ELT 

functioned but without the antenna the 

transmissions were not strong enough to 

be received by the search and rescue 

satellites. 

(3) Transportation Safety Board of 

Canada Aviation Safety Advisory 

A11W0151–D1–A2, Loose Attachment 

of Kannad 406 AF-Compact (ER) ELT. 

This advisory highlights an October 

2011 Cessna 208B accident where 

inadequate installation of the hook and 

loop fastener resulted in the ELT sliding 

out of its mount, disconnecting from the 

antenna cable, and failing to perform its 

intended function. 

Both government and industry 

guidance material discourages the use of 

hook and loop fasteners and notes 

potential difficulties with their use in 

ELT mounting. Advisory material 

discouraging the use of hook and loop 

fasteners includes the following: 

(1) Advisory Circular AC 91–44A, 

Operational and Maintenance Practices 

for Emergency Locator Transmitters and 

Receivers, paragraph 6.a., states that 

attachment of ELTs solely by means of 

Velcro® strips and other flexible 

materials is not considered satisfactory 

since the ‘‘g’’ switches may fail to 

operate or the equipment may come out 

of its mounting resulting in damage to 

the ELT and possible damage to the 

antenna or antenna coaxial cable. 

(2) RTCA DO–DO–182, Emergency 

Locator Transmitter (ELT) Equipment 

Installation and Performance, section 

1.2 a., states that ELTs secured with 

Velcro® strips are an improper 

installation. 

(3) NASA Technical Memorandum81960, Evaluation of EmergencyLocator-Transmitter Performance in 

Real and Simulated Crash Tests, states: 

‘‘Typical mounts can vary from sturdy 

mounts, to mounts using Velcro®, 

plastic ties, and mounts on non-airframe 

structure in the airplanes. This diversity 

in mounting techniques include 

improper and/or inadequate mounting 

of many ELT’s and is likely to be one 

source of problems of nonfunctioning 

and/or false activations of some units.’’ 

FAA Concerns 

After completing its evaluation of the 

use of hook and loop fasteners for ELT 

retention the agency identified the 

following concerns: 

(1) Hook and loop fasteners fail to 

retain the ELT when insufficient tension 

is applied when closing the fastener. 

There is no repeatable method for 

installation and no method to evaluate 

the tension of the hook and loop 

fastener. The allowance for pilots to 

secure ELTs to the aircraft when 

changing ELT batteries further increases 

the potential for inconsistent and 

unsatisfactory installations. 

(2) Hook and loop fasteners closed 

with proper tension may stretch or 

loosen over time due to wear, fluids, 

vibration, and use leading to insufficient 

tension to retain the ELT. 

(3) Hook and loop fasteners closed 

with proper tension do not provide 

stated retention capability due to debris 

which can contaminate the hooks and 

loops of the fastener. 

(4) Hook and loop fasteners closed 

with proper tension degrade due to 

environmental factors such as repeated 

heating and cooling cycles, temperature 

extremes, and contamination resulting 

from location in equipment areas. 

Safety Awareness Information 

Bulletin (SAIB) HQ–12–32, Hook and 

Loop Style Fasteners as a Mounting 

Mechanism for Emergency Locator 

Transmitters, was issued May 23, 2012 

to bring immediate attention to this 

issue. It outlines actions ELT 

manufacturers can take to improve their 

installation and maintenance 

instructions to mitigate the concerns 

with hook and loop ELT retention. 

Determination 

The FAA has determined that hook 

and loop fasteners are not an acceptable 

means of compliance to meet the 

mounting and retention requirements of 

the current ELT TSOs. 

Proposed Actions 

Based on its evaluation, the FAA 

proposes to: 

(1) Issue TSO–C126b which would 

preclude the use of hook and loop 

fasteners as a means of securing an ELT 

in its mounting tray. 

(2) Withdraw TSO authorizations 

issued for the manufacture of ELTs 

under TSO–C91a, TSO–C126 and TSO– 

C126a, which incorporate hook and 

loop fasteners into their design unless 

the design is revised to replace the hook 

and loop fastener with an alternative 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 41475 

1El Expreso Group’s application identified 

Tornado Bus Company, Inc. (Tornado), an affiliate, 

as a second acquiring entity. However, by letter 

dated June 21, 2012, Applicant’s representative 

clarified that Applicant is the sole acquiring entity. 

acceptable to the FAA before June 30, 

2014. 

(3) Withdraw TSO authorizations 

issued for the manufacture of ELTs 

under TSO–C91a, TSO–C126, and TSO– 

C126a, which incorporate hook and 

loop fasteners into their design unless 

the installation and maintenance 

instructions for the article are revised to 

include the following information by 

June 30, 2013: 

a. Detailed instructions for properly 

securing the ELT during installation and 

reinstallation, as well as a method to 

determine the appropriate tension of the 

hook and loop style fasteners. Revised 

instructions will provide improved 

guidance on the proper installation of 

ELTs for owners and operators in the 

interim period before an enhanced 

mounting design is available, and for 

owners and operators who choose not to 

install the enhanced mounting design 

when it is available. 

b. Detailed instructions for inspecting 

the hook and loop style fasteners for 

wear, contamination, environmental 

degradation, and other effects to ensure 

they meet the standards of the 

applicable TSO. 

c. A replacement interval for the hook 

and loop style fasteners. 

(4) Encourage owners and operators to 

install the manufacturer’s proposed 

updated mounting designs in 

accordance with the revised 

maintenance and installation 

instructions. 

How To Obtain Copies 

You can view or download TSOs 

C91a, C126, C126a by logging onto 

http://rgl.faa.gov and select Technical 

Standard Order, and the proposed TSO– 

C126b may be found at http:// 

www.faa.gov/aircraft/draft_docs/tso/. 

For a paper copy of the documents, 

contact the person listed in FOR FURTHER

INFORMATION CONTACT. 

Issued in Washington, DC, on July 10, 

2012. 

Susan J. M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. 2012–17115 Filed 7–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. MCF 21048] 

El Expreso Group, LLC—Asset 

Acquisition—CUSA EE, LLC D/B/A El 

Expreso 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of Finance Application. 

SUMMARY: On June 12, 2012, noncarrier 

El Expreso Group, LLC (El Expreso 

Group or Applicant) filed an application 

for approval under 49 U.S.C. 14303 to 

acquire control of the assets of CUSA 

EE, LLC d/b/a El Expreso (CUSA EE) 

(MC–463171), an interstate motor 

passenger carrier subsidiary of 

noncarrier Coach America Holdings, 

Inc. (Coach America).1 On June 13, 

2012, Michael Yusim, an individual, 

filed a letter in opposition to the 

proposed transaction, asserting that the 

public interest would not be served by 

allowing the transaction to proceed 

without certain Department of Labor 

proceedings first being completed. A 

copy of this notice will be served on Mr. 

Yusim. Persons wishing to oppose the 

application must follow the rules set 

forth at 49 CFR 1182.5 and 1182.8. 

DATES: Comments must be filed by 

August 27, 2012. Applicant may file a 

reply to any comments by September 

11, 2012. 

ADDRESSES: Send an original and 10 

copies of any comments referring to 

Docket No. MCF 21048 to: Surface 

Transportation Board, 395 E Street SW., 

Washington, DC 20423–0001. In 

addition, send one copy of comments to 

Applicant’s representative: Andrew K. 

Light, Scopelitis, Garvin, Light, Hanson 

& Feary, P.C., 10 W. Market Street, Suite 

1500, Indianapolis, IN 46204, and Mark 

Vasquez, 10501 N. Central Expressway, 

Suite 307, Dallas, TX 75231. 

FOR FURTHER INFORMATION CONTACT: 

Marc Lerner, (202) 245–0390. Federal 

Information Relay Service (FIRS) for the 

hearing impaired: 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: CUSA EE 

(along with a number of other Coach 

America subsidiaries) is currently 

involved in a proceeding instituted 

under Chapter 11 of the Bankruptcy 

Code, having filed on January 3, 2012, 

a voluntary petition for relief with the 

U.S. Bankruptcy Court for the District of 

Delaware, and on January 13, 2012, a 

motion to sell substantially all of its 

assets and effectively to liquidate. 

According to Applicant, the proposed 

transaction would be completed 

pursuant to 11 U.S.C. 105(a), 363 and 

365 and Fed. R. Bankr. P. 2002, 6004, 

6006, and 9014, and the bankruptcy 

court’s order entered on May 25, 2012, 

authorizing and approving (1) the sale of 

substantially all of the assets of debtor 

CUSA EE, LLC free and clear of liens, 

claims, and encumbrances, and (2) the 

assumption and assignment of certain 

executory contracts and unexpired 

leases. 

Applicant and Tornado, a motor 

passenger carrier, are owned and 

controlled by Jan Vazquez, an 

individual. In addition to interstate 

common carrier operating authority 

(MC–276747), Tornado also holds 

intrastate authority in Texas. Tornado’s 

primary business is providing 

scheduled passenger transportation 

throughout the United States and 

between the United States and Mexico. 

As indicated, Michael Yusim has filed 

a letter in opposition to the application 

by El Expreso Group to acquire control 

of the assets of CUSA EE. The basis for 

his opposition relates to two cases 

alleging that his employer, an entity 

named Midnight Sun Tours, Inc. 

(Midnight Sun), a wholly owned 

subsidiary of the Coach America bus 

companies in bankruptcy, discriminated 

against drivers for having accurately 

reported their hours of service. 

According to Mr. Yusim, the two cases 

are pending before the Secretary of 

Labor (Secretary), but have been stayed 

by the bankruptcy court. Mr. Yusim 

requests that the Board disallow the sale 

of any subsidiaries of Coach America 

until the Secretary is allowed to hear 

and decide the two cases. 

Because we have received a timely 

comment in opposition to the 

application, we will not grant tentative 

authority under 49 CFR 1182.4(b). See 

49 CFR 1182.6(a). Instead, we will 

institute a proceeding to address this 

matter, as well as to determine the 

merits of the application pursuant to 49 

U.S.C. 14303. Comments and responses 

are to be submitted as ordered below. 

See 49 CFR 1182.5 and 1182.6. 

Board decisions and notices are 

available on our Web site at 

‘‘www.stb.dot.gov’’. 

This decision will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

It is ordered: 

1. Comments must be filed by August 

27, 2012. Applicant may file a reply to 

any comments by September 11, 2012. 

2. This notice will be effective on its 

date of service. 

3. A copy of this notice will be served 

on: (1) The U.S. Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; (2) 

the U.S. Department of Justice, Antitrust 

Division, 950 Pennsylvania Avenue 

NW., Washington, DC 20530; (3) the 

U.S. Department of Transportation, 


srobinson on DSK4SPTVN1PROD with NOTICES