52614 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 

institutions. Employees are encouraged 

to seek a determination from the DAEO 

as to whether the financial interest in 

the member of the Bank or in the 

financial institution creates a financial 

conflict of interest or an appearance of 

a conflict of interest and whether the 

employee should disqualify himself or 

herself from participating in an official 

capacity in a particular matter involving 

the financial institution. 

§ 9001.108 Prohibited recommendations. 

Employees shall not make any 

recommendation or suggestion, directly 

or indirectly, concerning the 

acquisition, sale, or divestiture of 

securities of a regulated entity. 

§ 9001.109 Prohibited purchase of assets. 

An employee or the employee’s 

spouse or minor children shall not 

purchase, directly or indirectly, any real 

or personal property from a regulated 

entity, unless it is sold at public auction 

or by other means which would assure 

that the selling price is the asset’s fair 

market value. 

Dated: August 3, 2010. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

Approved: August 13, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–21324 Filed 8–26–10; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM433; Special Conditions No. 

25–411–SC] 

Special Conditions: Embraer Model 

ERJ 170–100 SU Series Airplanes; 

Seats With Non-Traditional, Large, 

Non-Metallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Embraer Model ERJ 170– 

100 SU series airplanes. These 

airplanes, as modified by C&D Zodiac, 

Inc., will have a novel or unusual design 

feature associated with seats that 

include non-traditional, large, nonmetallic panels that would affect 

survivability during a post-crash fire 

event. 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 August 18, 2010. 

We must receive your comments by 

September 27, 2010. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM433, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM433. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, ANM–115, 

Transport Airplane Directorate, Aircraft 

Certification Service, 16501 Lind 

Avenue, SW., Renton, WA 98057–3356; 

telephone (425) 227–2194; facsimile 

(425) 227–1232. 

SUPPLEMENTARY INFORMATION: 

The FAA has determined that notice 

of, and opportunity for prior public 

comment on, these special conditions 

are impracticable because these 

procedures would significantly delay 

issuance of the design 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 file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by 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. 

If you want us to acknowledge receipt 

of your comments on these special 

conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On June 16, 2010, C&D Zodiac, Inc., 

5701 Bolsa Ave,, Huntington Beach, 

California 92647, applied for a 

Supplemental Type Certificate (STC) for 

an interior modification to include seats 

with large, non-metallic panels in the 

cabin interior in the Embraer Model ERJ 

170–100 SU series airplanes. The Model 

ERJ 170–100 SU, which is currently 

approved under Type Certificate No. 

A56NM, is a 76 passenger, twin-engine 

regional jet with a maximum takeoff 

weight of 82,011 pounds. 

The applicable airplane regulations, 

currently approved under Title 14, Code 

of Federal Regulations (14 CFR) part 25, 

do not require seats to meet the morestringent flammability standards 

required of large, non-metallic panels in 

the cabin interior. At the time the 

applicable rules were written, seats 

were designed with a metal frame 

covered by fabric, not with large, nonmetallic panels. Seats also met the thenrecently adopted standards for 

flammability of seat cushions. With the 

seat design being mostly fabric and 

metal, the contribution to a fire in the 

cabin had been minimized and was not 

considered a threat. For these reasons, 

seats did not need to be tested to heatrelease and smoke-emission 

requirements. 

Seat designs have now evolved to 

occasionally include non-traditional, 

large, non-metallic panels. Taken in 

total, the surface area of these panels is 

on the same order as the sidewall and 

overhead stowage bin interior panels. 

To provide the level of passenger 

protection intended by the 

airworthiness standards, these nontraditional, large, non-metallic panels in 

the cabin must meet the standards of 

part 25, Appendix F, parts IV and V, 

heat-release and smoke-emission 

requirements. 

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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 52615 

Type Certification Basis 

Under the provisions of § 21.101, C&D 

Zodiac, Inc., must show that the Model 

ERJ 170–100 SU, as changed, continues 

to meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A56NM. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the original type 

certification basis. The regulations 

incorporated by reference in Type 

Certificate No. A56NM are as follows: 

14 CFR part 25, as amended by 

Amendments 25–1 through 25–101. 

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 Model ERJ–170–100 SU, 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 Model ERJ 170–100 SU 

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 § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for an STC 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 the other model. 

Novel or Unusual Design Features 

The Model ERJ 170–100 SU series 

airplanes will incorporate the following 

novel or unusual design features: 

These models offer interior 

arrangements that include passenger 

seats that incorporate non-traditional, 

large, non-metallic panels in lieu of the 

traditional metal frame covered by 

fabric. The flammability properties of 

these panels have been shown to 

significantly affect the survivability of 

occupants of the cabin in the event of 

fire. These seats are considered a novel 

design for transport category airplanes 

that include Amendment 25–61 and 

Amendment 25–66 in the certification 

basis, and were not considered when 

those airworthiness standards were 

established. 

The existing regulations do not 

provide adequate or appropriate safety 

standards for seat designs that 

incorporate non-traditional, large, nonmetallic panels. To provide a level of 

safety equivalent to that provided by the 

balance of the cabin, additional 

airworthiness standards, in the form of 

special conditions, are necessary. These 

special conditions supplement § 25.853. 

The requirements contained in these 

special conditions consist of applying 

the identical test conditions, required of 

all other large panels in the cabin, to 

seats with non-traditional, large, nonmetallic panels. 

Definition of ‘‘Non-Traditional, Large, 

Non-Metallic Panel’’ 

A non-traditional, large, non-metallic 

panel, in this case, is defined as a panel 

with exposed-surface areas greater than 

1.5 square feet installed per seat place. 

The panel may consist of either a single 

component or multiple components in a 

concentrated area. Examples of parts of 

the seat where these non-traditional 

panels are installed include, but are not 

limited to: seat backs, bottoms and leg/ 

foot rests, kick panels, back shells, and 

credenzas and associated furniture. 

Examples of traditional exempted parts 

of the seat include: arm caps, armrest 

close-outs such as end bays and armreststyled center consoles, food trays, and 

video monitors and shrouds. 

Clarification of ‘‘Exposed’’ 

‘‘Exposed’’ is considered to include 

those panels directly exposed to the 

passenger cabin in the traditional sense, 

plus those panels enveloped such as by 

a dress cover. Traditional fabrics or 

leathers currently used on seats are 

excluded from these special conditions. 

These materials must still comply with 

§§ 25.853(a) and 25.853(c) if used as a 

covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional, large, non-metallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Discussion 

In the early 1980s, the FAA 

conducted extensive research on the 

effects of post-crash flammability in the 

passenger cabin. As a result of this 

research and service experience, we 

adopted new standards for interior 

surfaces associated with larger surface 

area parts. Specifically, the rules require 

measurement of heat release and smoke 

emission (part 25, Appendix F, parts IV 

and V) for the affected parts. Heat 

release has been shown to have a direct 

correlation with post-crash, fire-survival 

time. The materials that comply with 

the standards (i.e., § 25.853, titled 

‘‘Compartment Interiors,’’ as amended by 

Amendments 25–61 and 25–66) 

extended survival time by 

approximately 2 minutes over materials 

that do not comply. 

At the time Amendment 25–61 was 

written, the potential application of the 

requirement to seats was explored. The 

seat frame itself was not a concern 

because it was primarily made of 

aluminum and included only small 

amounts of non-metallic materials (for 

example, a food tray table and armrest 

closeout). It was determined that the 

overall effect on survivability was 

negligible, whether or not these panels 

met the heat-release and smokeemission requirements. The 

requirements therefore did not address 

seats, and the preambles to both Notice 

of Proposed Rule Making (NPRM) 85–10 

and the final rule (Amendment 25–61) 

specifically noted that they were 

excluded ‘‘because the recently adopted 

standards for flammability of seat 

cushions will greatly inhibit 

involvement of the seats.’’ 

In the late 1990s, when it became 

clear that seat designs were evolving to 

include large non-metallic panels with 

surface areas that would impact 

survivability during a cabin fire event 

compared to partitions or galleys, the 

FAA issued Policy Memorandum 97– 

112–39. This memo noted that large 

surface area panels must comply with 

heat-release and smoke-emission 

requirements, even if they were attached 

to a seat. If the FAA had not issued such 

a policy, seat designs would have been 

viewed as a loophole to the 

airworthiness standards that would 

result in an unacceptable decrease in 

survivability during a cabin fire event. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

ERJ 170–100 SU series airplanes. 

Should C&D Zodiac, Inc., apply at a 

later date for an STC to modify any 

other model included on Type 

Certificate No. A56NM to incorporate 

the same novel or unusual design 

feature, these special conditions would 

apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on Embraer 

Model ERJ 170–100 SU series airplanes. 

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. 

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 

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52616 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 

1The Commission voted 4–0–1 to publish this 

notice of requirements. Chairman Inez M. 

Tenenbaum issued a statement, and the statement 

can be found at http://www.cpsc.gov/pr/ 

statements.html. 

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 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the supplemental type 

certification basis for Embraer Model 

ERJ 170–100 SU series airplanes 

modified by C&D Zodiac, Inc. 

1. Except as provided in special 

condition number 3, below, compliance 

with heat-release and smoke-emission 

testing requirements of § 25.853, and 

Appendix F, parts IV and V, is required 

for seats that incorporate nontraditional, large, non-metallic panels 

that may be either a single component 

or multiple components in a 

concentrated area in their design. 

2. The applicant may designate up to 

and including 1.5 square feet of nontraditional, non-metallic panel material 

per seat place that does not have to 

comply with special condition number 

1, above. A triple-seat assembly may 

have a total of 4.5 square feet excluded 

on any portion of the assembly (e.g., 

outboard seat place, 1 square foot; 

middle, 1 square foot; and inboard, 2.5 

square feet). 

3. Seats do not have to meet the test 

requirements of part 25, Appendix F, 

parts IV and V, when installed in 

compartments that are not otherwise 

required to meet these requirements. 

Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes that do not have § 25.853, 

Amendment 25–61 or later, in their 

certification basis and do not need to 

comply with the requirements of 

§ 121.312, and 

c. Airplanes exempted from § 25.853, 

Amendment 25–61 or later. 

Issued in Renton, Washington, on August 

18, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplanes 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–21449 Filed 8–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. CPSC–2010–0090] 

16 CFR Part 1420 

Third Party Testing for Certain 

Children’s Products; Youth All-Terrain 

Vehicles: Requirements for 

Accreditation of Third Party 

Conformity Assessment Bodies 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of requirements. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

issuing a notice of requirements that 

provides the criteria and process for 

Commission acceptance of accreditation 

of third party conformity assessment 

bodies for testing of all-terrain vehicles 

(ATVs) designed or intended primarily 

for children 12 years of age or younger 

pursuant to 16 CFR part 1420, the CPSC 

regulations under the Consumer Product 

Safety Act (CPSA) relating to ATVs. The 

Commission is issuing this notice of 

requirements pursuant to section 

14(a)(3)(B)(vi) of the CPSA (15 U.S.C. 

2063(a)(3)(B)(vi)). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with 16 CFR part 1420 are 

effective August 27, 2010.1

Comments in response to this notice 

of requirements should be submitted by 

September 27, 2010. Comments on this 

notice should be captioned ‘‘Third Party 

Testing for Certain Children’s Products; 

All-Terrain Vehicles: Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies.’’ 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

00_, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions: Submit written 

submissions in the following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions) 

preferably in five copies, to: Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, Maryland 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

(such as a Social Security Number) 

electronically; if furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Richard McCallion, Program Area Team 

Leader, Office of Hazard Identification 

and Reduction, U.S. Consumer Product 

Safety Commission, 10901 Darnestown 

Road, Gaithersburg, MD 20878; e-mail 

rmccallion@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Section 14(a)(3)(B)(vi) of the CPSA, as 

added by section 102(a)(2) of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA), Public Law 110– 

314, directs the CPSC to establish and 

publish a notice of requirements for 

accreditation of third party conformity 

assessment bodies to assess children’s 

products for conformity with ‘‘other 

children’s product safety rules.’’ Section 

14(f)(1) of the CPSA defines ‘‘children’s 

product safety rule’’ as ‘‘a consumer 

product safety rule under [the CPSA] or 

similar rule, regulation, standard, or ban 

under any other Act enforced by the 

Commission, including a rule declaring 

a consumer product to be a banned 

hazardous product or substance.’’ Under 

section 14(a)(3)(A) of the CPSA, each 

manufacturer (including an importer) or 

private labeler of products subject to 

those regulations must have products 

that are manufactured more than 90 

days after the establishment and Federal 

Register publication of a notice of the 

requirements for accreditation tested by 

WReier-Aviles on DSKGBLS3C1PROD with RULES