Special Conditions: Boeing Model 747-400 Airplane; Large Non-Structural Glass in the Passenger Compartment, 1485-1488 [06-200]

Download as PDF Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations therefore no effect on any tradesensitive activity. on the supply, distribution, or use of energy. Unfunded Mandates Assessment List of Subjects in 14 CFR Part 11 The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Public Law 104–4 on March 22, 1995, is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in a $100 million or more expenditure (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector. The FAA currently uses an inflation-adjusted value of $120.7 million in lieu of $100 million. This final rule does not contain such a mandate. Therefore, the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply. Administrative practice and procedure, Reporting and recordkeeping requirements. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we have determined that this final rule does not have federalism implications. The Amendment For the reasons set forth above, the Federal Aviation Administration is amending 14 CFR Part 11 as follows: I PART 11—GENERAL RULEMAKING PROCEDURES 1. The authority citation for Part 11 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701– 44702, 44711, and 46102. I 2. Revise § 11.91 to read as follows: § 11.91 How does FAA inform me of its decision on my petition for exemption? The FAA will notify you in writing about its decision on your petition. A copy of this decision is also placed in the public docket. We will include the docket number associated with your petition in our letter to you. Issued in Washington, DC, on December 28, 2005. Marion C. Blakey, Administrator. [FR Doc. 06–203 Filed 1–9–06; 8:45 am] BILLING CODE 4910–13–P 1485 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. Effective Date: January 3, 2006. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Airframe/Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055–4056; telephone (425) 227–2195; facsimile (425) 227–1232, e-mail address alan.sinclair@faa.gov. SUPPLEMENTARY INFORMATION: Background On September 8, 2003, Lufthansa ¨ Technik AG, Weg beim Jager 193, D– 22335, Hamburg, Germany, applied for a supplemental type certificate (STC) for large non-structural glass items in the cabin area of the executive interior occupied by passengers and crew in a Boeing Model 747–400 airplane. The Boeing Model 747–400 airplane is approved under Type Certificate No. A20WE, and is a large transport category airplane with upper and main passenger decks. The airplane is limited to 660 passengers or less, depending on the interior configuration. This specific Model 747–400 configuration includes seating provisions for 105 passengers. DEPARTMENT OF TRANSPORTATION Type Certification Basis Environmental Analysis Federal Aviation Administration FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 312d and involves no extraordinary circumstances. 14 CFR Part 25 Under the provisions of § 21.101, Lufthansa Technik must show that the Boeing Model 747–400 airplane, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A20WE or the applicable regulations in effect on the date of application for the change. 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. A20WE are as follows: Amendments 25–1 through 25–59 with exceptions for the Boeing Model 747– 400. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable part that are not relevant to these special conditions. The U.S. type certification basis for the Model 747–400 is established in accordance with §§ 21.17 and 21.29 and the type certification application date. If the Administrator finds that the applicable airworthiness regulations rmajette on PROD1PC70 with NOTICES Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have determined that it is not a ‘‘significant energy action’’ under the executive order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866, and it is not likely to have a significant adverse effect VerDate Aug<31>2005 14:38 Jan 09, 2006 Jkt 208001 [Docket No. NM323; Special Conditions No. 25–311–SC] Special Conditions: Boeing Model 747– 400 Airplane; Large Non-Structural Glass in the Passenger Compartment Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: SUMMARY: These special conditions are issued for a Boeing Model 747–400 airplane modified by Lufthansa Technik AG. This airplane will have a novel or unusual design feature associated with the installation of large non-structural glass items in the cabin area of an executive interior occupied by passengers and crew. The installation of these items in a passenger compartment, which can be occupied during taxi, takeoff, and landing, is a novel or unusual design feature with respect to the material used. The applicable PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\10JAR1.SGM 10JAR1 1486 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations (i.e., 14 CFR part 25, as amended) do not contain adequate or appropriate safety standards for the Boeing Model 747–400 airplane 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 Boeing Model 747–400 airplane 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. Special conditions, 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 model for which they are issued. Should Lufthansa Technik apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. rmajette on PROD1PC70 with NOTICES Novel or Unusual Design Features The Boeing Model 747–400 will incorporate the following novel or unusual design feature, the installation of large non-structural glass items, typically in the form of glass sheets in the cabin area of an executive interior occupied by passengers and crew. These installations would be for aesthetic purposes, not for safety, in components other than windshields or windows. For these special conditions, a large glass item is 4 kg (approximately 10 pounds) and greater in mass. This limit was established as the mass at which a glass component could be expected to potentially cause widespread injury if it were to shatter or break free from its retention system. These special conditions address the novel and unusual design features for the use of large non-structural glass in the passenger cabin. These large glass items would be installed in occupied rooms or areas during taxi, take off, and landing, or rooms or areas that occupants do have to enter or pass through to get to any emergency exit. The installations of large non-structural glass items may include, but are not limited to, the following items: • Glass partitions. • Glass attached to the ceiling. • Wall/door mounted mirrors/glass panels. VerDate Aug<31>2005 14:38 Jan 09, 2006 Jkt 208001 Discussion The existing part 25 regulations only address the use of glass in windshields, instrument or display transparencies, or window applications. The regulations treat glass as unique for special applications where no other material will serve and address the adverse properties of glass. Section 25.775, ‘‘Window and windshields,’’ provides for the use of glass in airplanes, but limits glass to windshields and instrument or display transparencies. Furthermore, except for bolted-in windshields, there is limited experience with either adhesive or mechanical retention methods for large glass objects installed in an airplane subject to high loads supported by flexible restraints. The regulations provide for the following use of glass in the passenger cabin: 1. Glass items installed in rooms or areas in the cabin that are not occupied during taxi, take off, and landing, and occupants do not have to enter or pass through the room or area to get to any emergency exit. 2. Glass items integrated into a functional device whose operation is dependent upon the characteristics of glass, such as instrument or indicator protective transparencies, or monitor screens such as liquid crystal display (LCD) or plasma displays. These glass items may be installed in any area in the cabin regardless of occupancy during taxi, take-off, and landing. Acceptable means for these items may depend on the size and specific location of the device. 3. Small glass items installed in occupied rooms or areas during taxi, take off, and landing, or rooms or areas that occupants do have to enter or pass through to get to any emergency exit. For the purposes of these special conditions, a small glass item is less than 4 kg in mass, or a group of glass items weighing less than 4 kg in mass. The glass items in numbers one, two, and three (above) have been restricted to applications where the potential for injury is either highly localized (such as instrument faces) or the location is such that injury due to failure of the glass is unlikely (e.g., mirrors in lavatories). These glass items are subject to the inertia loads contained in § 25.561 and maximum positive differential pressure for items like monitors, but are not subject to these special conditions. They have been found acceptable through project specific means of compliance requiring testing to meet the requirement § 25.785(d), and by adding PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 a protective polycarbonate layer that covers the glass exposed to the cabin. The use of glass in airplanes utilizes the one unique characteristic of glass, its capability for undistorted or controlled light transmittance, or transparency. Glass, in its basic form as annealed, untreated sheet, plate, or float glass, when compared to metals, is extremely notch-sensitive, has a low fracture resistance, has a low modulus of elasticity, and can be highly variable in its properties. While reasonably strong, it is not a desirable material for traditional aircraft applications because, as a solo component, it is heavy (about the same density as aluminum). In addition, when glass fails, it can break into extremely sharp fragments that have the potential for injury above and beyond simple impact, and have been known to be lethal. These special conditions address installing glass in much larger sizes than previously accepted and in a multitude of locations and applications, instead of using more traditional aircraft materials. In most, if not all cases, the glass will not be covered with a polycarbonate layer. Additionally, the retention of glass of this size and weight is not amenable to conventional techniques currently utilized in airplane cabins. These special conditions consider the unusual material properties of glass as an interior material that have limited or prevented its use in the past, and address the performance standards needed to ensure that those properties do not reduce the level of safety intended by the regulations. They address the use of large glass items installed in occupied rooms or areas during taxi, take off, and landing, or rooms or areas that occupants do have to enter or pass through to get to any emergency exit. These special conditions define a large glass component threshold of 4 kg, which is based on an assessment of the mass dislodged during a high ‘‘g’’ level (as defined in § 25.562) event. Groupings of glass components that total more than 4 kg would also need to be included. The applicable performance standards in the regulations for the installation of these components also apply and should not adversely affect the standards provided below. For example, heat release and smoke density testing should not result in fragmentation of the component. For large glass components mounted in a cabin occupied by passengers or crew that are not otherwise protected from the injurious effects of failure of the glass component, the following apply: E:\FR\FM\10JAR1.SGM 10JAR1 rmajette on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations Material. The glass used must be tempered or otherwise treated to ensure that when fractured, it breaks into small pieces with relatively dull edges. This must be demonstrated by testing to failure. Tests similar to ANSI/SAE Z26.1 section 5.7, Test 7 would be acceptable. Fragmentation. The glass component construction must control the fragmentation of the glass to minimize the danger from flying glass shards or pieces. Impact and puncture testing to failure must demonstrate this. Tests similar to ANSI/SAE Z26.1 section 5.9, Test 9 adjusted to ensure cracking the glass would be acceptable. Strength. The glass component, as installed in the airplane, must be strong enough to meet the load requirements for all flight and landing loads and all of the emergency landing conditions in subparts C and D of part 25. In addition, glass components that are located such that they are not protected from contact with cabin occupants must be designed for abusive loading without failure, such as impact from service carts, or occupants stumbling into, leaning against, sitting on, or performing other intentional or unintentional forceful contact. This must be demonstrated by static structural testing to ultimate load except that the critical loading condition must be tested to failure. The tested glass component must have all features that affect component strength, such as etched surfaces, cut or engraved designs, holes, and so forth. Retention. The glass component, as installed in the airplane, must not come free of its restraint or mounting system in the event of an emergency landing. Based on the characteristics of a large glass component, dynamic tests should be performed to demonstrate that the occupants would be protected up to the load levels required by the certification basis of the airplane. A single test for the most critical loading for the installed component would be sufficient. This may be accomplished by using already accepted methods for dynamic testing. Analysis may be used in lieu of testing if the applicant has validated the strength models and dynamic simulation models used, against static tests to failure and dynamic testing to the above requirements, and can predict structural failure and dynamic response and inertial load. The glass material properties must meet § 25.613, ‘‘Material strength properties and material design values.’’ The effect of design details such as geometric discontinuities or surface finish must be accounted for in the test/analysis. VerDate Aug<31>2005 14:38 Jan 09, 2006 Jkt 208001 Discussion of Comments Notice of proposed special conditions No. 25–05–08–SC for the Boeing Model 747–400 series airplanes was published in the Federal Register on August 11, 2005 (70 FR 46785). One commenter responded to the notice. Comment: The commenter expresses concern that the special conditions neglect to address injuries, especially head injuries to passengers because of physical movements of the airplane caused by unexpected disturbances, sudden loss of altitude, disorientation, etc. FAA Reply: The special conditions do not specifically call out for the protection of the passenger while moving about the cabin because the existing regulation, § 25.785(d)(e), already addresses this requirement. These special conditions are additional requirements to the existing certification basis of the Boeing Model 747–400. Comment: The commenter expresses concern that the special conditions neglect to address injuries caused to passengers by glass breaking into a large number of small fragments. These small fragments may have dull edges and fall to the ground causing passengers to slip, fall, and harm themselves. FAA Reply: Special conditions #1 and #2 address this concern by requiring the glass to be tested to failure to demonstrate that glass pieces must be shown to be non-hazardous. Comment: The commenter expresses concern that the special conditions neglect to address disorientation of passengers because of reflections in mirrored glass panels, or because of intense sunlight through the windows on clear or mirrored glass panels. FAA Reply: In this case, glass does not present any additional hazards over the materials currently used in airplane interiors, such as polished metals or mirrored acrylics. The FAA is currently unaware of any instances of these materials causing such disorientation among the passengers. Comment: The commenter expresses concern that the special conditions neglect to address or omit the possible liability incurred by the carrier, operator, and potential third parties–not excluding the FAA, which is granting these special conditions. The commenter expresses concern that the liability incurred could be beyond the carrier’s insurance coverage. FAA Reply: These special conditions are intended to establish a level of safety for the use of glass equal to those of the existing regulations. As such, the liability incurred would be no different than currently exists in the industry. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1487 The aircraft industry requested these special conditions, and they are required only if the applicant chooses to install structural glass. Applicability As discussed above, these special conditions are applicable to the Boeing Model 747–400 airplane. Should Lufthansa Technik apply at a later date for a change to the supplemental type certificate to include another model on the same type certificate incorporating 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 the Boeing Model 747–400 modified by Lufthansa Technik AG. 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. In an effort to address the commenters concerns, and based on the nature of the intended operation of the affected airplane, the FAA limits the application of these special conditions to airplanes operated for private use only. Therefore, the appropriate limitation has been added to the special conditions. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. I The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions I 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 Boeing Model 747–400 airplane, modified by Lufthansa Technik AG. For these special conditions, a large glass component is 4 kg (approximately 10 pounds) and greater in mass, or a grouping of glass components that total more than 4 kg. 1. The airplane is not operated for hire or offered for common carriage. This provision does not preclude the operator from receiving remuneration to the extent consistent with 14 CFR parts 125 and 91, subpart F, as applicable. 2. Material Fragmentation. The glass used to fabricate the component must be tempered or treated to ensure that when fractured, it breaks into small pieces with relatively dull edges. In addition, it must be shown that fragmentation of the glass is controlled to reduce the danger from flying glass shards or E:\FR\FM\10JAR1.SGM 10JAR1 1488 Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Rules and Regulations rmajette on PROD1PC70 with NOTICES pieces. This must be demonstrated by testing to failure. 3. Component Strength. The glass component must be strong enough to meet the load requirements for all flight and landing loads including any of the applicable emergency landing conditions in subparts C & D of part 25. Abuse loading without failure, such as impact from occupants stumbling into, leaning against, sitting on, or performing other intentional or unintentional forceful contact must also be demonstrated. This must be demonstrated by static structural testing to ultimate load, except that the critical loading condition must be tested to failure in the as-installed condition. The tested glass must have all features that effect component strength, such as etched surfaces, cut or engraved designs, holes, and so forth. Glass pieces must be non-hazardous. 4. Component Retention. The glass component, as installed in the airplane, must not come free of its restraint or mounting system in the event of an emergency landing. A test must be performed to demonstrate that the occupants would be protected from the effects of the component failing or becoming free of restraint under dynamic loading. The dynamic loading of § 25.562(b)(2) is considered an acceptable dynamic event. The applicant may propose an alternate pulse, however, the impulse and peak load may not be less than that of § 25.562(b)(2). As an alternative to a dynamic test, static testing may be used if the loading is assessed as equivalent or more critical than a dynamic test, based upon validated dynamic analysis. Both the primary directional loading and rebound conditions need to be assessed. 5. Instruction for Continued Airworthiness. The instruction for continued airworthiness will reflect the fastening method used and will ensure the reliability of the methods used (e.g., life limit of adhesives, or clamp connection). Inspection methods and intervals will be defined based upon adhesion data from the manufacturer of the adhesive or actual adhesion test data, if necessary. Issued in Renton, Washington, on January 3, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate Aircraft Certification Service. [FR Doc. 06–200 Filed 1–9–06; 8:45 am] BILLING CODE 4910–13–P VerDate Aug<31>2005 14:38 Jan 09, 2006 Jkt 208001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Therefore, under the Federal Food, Drug, and Cosmetic Act and underauthority delegated to the Commissioner of Food and Drugs, 21 CFR part 803 is amended as follows: I 21 CFR Part 803 PART 803—MEDICAL DEVICE REPORTING Medical Device Reporting AGENCY: Food and Drug Administration, HHS. 1. The authority citation for 21 CFR part 803 continues to read as follows: Final rule; technical amendment. Authority: 21 U.S.C. 352, 360, 360i, 360j, 371, 374. ACTION: The Food and Drug Administration (FDA) is amending its medical device reporting regulations to reflect a change in address for agency contacts for reporting a public health emergency. This action is editorial in nature and is intended to improve the accuracy of the agency’s regulations. DATES: This rule is effective January 10, 2006. FOR FURTHER INFORMATION CONTACT: Howard A. Press, Center for Devices and Radiological Health, Office of Surveillance and Biometrics (HFZ–530), 1350 Piccard Dr., Rockville, MD 20850, 301–827–2983. SUPPLEMENTARY INFORMATION: FDA is amending its regulations in 21 CFR part 803.12(c) to reflect a reorganization affecting the agency contacts for reporting public health emergencies. The current address for reporting a public health emergency to FDA is the FDA Emergency Operations Branch (HFC–162), Office of Regional Operations, at 301–443–1240, followed by the submission of a fax to 301–443– 3757. The new contact is the FDA Office of Emergency Operations (HFA–615), Office of Crisis Management, Office of the Commissioner, at 301–443–1240. This report can be followed by an e-mail to emergency.operations@fda.hhs.gov or a fax report sent to 301–827–3333. This document is published as a final rule with the effective date given previously. Because the final rule is an administrative action, FDA has determined that it has no substantive impact on the public. It imposes no costs, and merely updates contact information included in the Code of Federal Regulations (CFR) for the convenience of the public. FDA, therefore, for good cause, finds under 5 U.S.C. 553(b)(3)(B) and (d)(3) that notice and public comment are unnecessary and that this rule may take effect upon publication. SUMMARY: List of Subjects in 21 CFR Part 803 Imports, Medical devices, Medical device reporting, Reporting and recordkeeping requirements. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 I 2. Section 803.12 is amended by revising paragraph (c) to read as follows: I § 803.12 Where and how do I submit reports and additional information? * * * * * (c) If an entity is confronted with a public health emergency, this can be brought to FDA’s attention by contacting the FDA Office of Emergency Operations (HFA–615), Office of Crisis Management, Office of the Commissioner, at 301–443–1240, followed by the submission of an e-mail to emergency.operations@fda.hhs.gov or a fax report to 301–827–3333. * * * * * Dated: January 3. 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 06–172 Filed 1–9–06; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 946 [VA–122–FOR] Virginia Regulatory Program Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Final rule; approval of amendment. AGENCY: SUMMARY: We are approving an amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment revises the Virginia Coal Surface Mining Reclamation Regulations. The amendment reflects changes in the renumbering of Virginia Code section references to the Virginia Administrative Process Act; clarification regarding the filing of requests for formal hearing and judicial review; revisions of the Virginia rules to be consistent with amendments to the E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Rules and Regulations]
[Pages 1485-1488]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM323; Special Conditions No. 25-311-SC]


Special Conditions: Boeing Model 747-400 Airplane; Large Non-
Structural Glass in the Passenger Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for a Boeing Model 747-400 
airplane modified by Lufthansa Technik AG. This airplane will have a 
novel or unusual design feature associated with the installation of 
large non-structural glass items in the cabin area of an executive 
interior occupied by passengers and crew. The installation of these 
items in a passenger compartment, which can be occupied during taxi, 
takeoff, and landing, is a novel or unusual design feature with respect 
to the material used. 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.
    Effective Date: January 3, 2006.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Airframe/Cabin Safety 
Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; 
telephone (425) 227-2195; facsimile (425) 227-1232, e-mail address 
alan.sinclair@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    On September 8, 2003, Lufthansa Technik AG, Weg beim J[auml]ger 
193, D-22335, Hamburg, Germany, applied for a supplemental type 
certificate (STC) for large non-structural glass items in the cabin 
area of the executive interior occupied by passengers and crew in a 
Boeing Model 747-400 airplane. The Boeing Model 747-400 airplane is 
approved under Type Certificate No. A20WE, and is a large transport 
category airplane with upper and main passenger decks. The airplane is 
limited to 660 passengers or less, depending on the interior 
configuration. This specific Model 747-400 configuration includes 
seating provisions for 105 passengers.

Type Certification Basis

    Under the provisions of Sec.  21.101, Lufthansa Technik must show 
that the Boeing Model 747-400 airplane, as changed, continues to meet 
the applicable provisions of the regulations incorporated by reference 
in Type Certificate No. A20WE or the applicable regulations in effect 
on the date of application for the change. 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. A20WE are as follows: Amendments 25-1 
through 25-59 with exceptions for the Boeing Model 747-400. In 
addition, the certification basis includes certain special conditions, 
exemptions, or later amended sections of the applicable part that are 
not relevant to these special conditions. The U.S. type certification 
basis for the Model 747-400 is established in accordance with 
Sec. Sec.  21.17 and 21.29 and the type certification application date.
    If the Administrator finds that the applicable airworthiness 
regulations

[[Page 1486]]

(i.e., 14 CFR part 25, as amended) do not contain adequate or 
appropriate safety standards for the Boeing Model 747-400 airplane 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 747-400 airplane 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.
    Special conditions, as defined in Sec.  11.19, are issued in 
accordance with Sec.  11.38 and become part of the type certification 
basis in accordance with Sec.  21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should Lufthansa Technik apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same or similar novel or unusual design 
feature, the special conditions would also apply to the other model 
under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 747-400 will incorporate the following novel or 
unusual design feature, the installation of large non-structural glass 
items, typically in the form of glass sheets in the cabin area of an 
executive interior occupied by passengers and crew.
    These installations would be for aesthetic purposes, not for 
safety, in components other than windshields or windows. For these 
special conditions, a large glass item is 4 kg (approximately 10 
pounds) and greater in mass. This limit was established as the mass at 
which a glass component could be expected to potentially cause 
widespread injury if it were to shatter or break free from its 
retention system.
    These special conditions address the novel and unusual design 
features for the use of large non-structural glass in the passenger 
cabin. These large glass items would be installed in occupied rooms or 
areas during taxi, take off, and landing, or rooms or areas that 
occupants do have to enter or pass through to get to any emergency 
exit. The installations of large non-structural glass items may 
include, but are not limited to, the following items:
     Glass partitions.
     Glass attached to the ceiling.
     Wall/door mounted mirrors/glass panels.

Discussion

    The existing part 25 regulations only address the use of glass in 
windshields, instrument or display transparencies, or window 
applications. The regulations treat glass as unique for special 
applications where no other material will serve and address the adverse 
properties of glass.
    Section 25.775, ``Window and windshields,'' provides for the use of 
glass in airplanes, but limits glass to windshields and instrument or 
display transparencies. Furthermore, except for bolted-in windshields, 
there is limited experience with either adhesive or mechanical 
retention methods for large glass objects installed in an airplane 
subject to high loads supported by flexible restraints.
    The regulations provide for the following use of glass in the 
passenger cabin:
    1. Glass items installed in rooms or areas in the cabin that are 
not occupied during taxi, take off, and landing, and occupants do not 
have to enter or pass through the room or area to get to any emergency 
exit.
    2. Glass items integrated into a functional device whose operation 
is dependent upon the characteristics of glass, such as instrument or 
indicator protective transparencies, or monitor screens such as liquid 
crystal display (LCD) or plasma displays. These glass items may be 
installed in any area in the cabin regardless of occupancy during taxi, 
take-off, and landing. Acceptable means for these items may depend on 
the size and specific location of the device.
    3. Small glass items installed in occupied rooms or areas during 
taxi, take off, and landing, or rooms or areas that occupants do have 
to enter or pass through to get to any emergency exit. For the purposes 
of these special conditions, a small glass item is less than 4 kg in 
mass, or a group of glass items weighing less than 4 kg in mass.
    The glass items in numbers one, two, and three (above) have been 
restricted to applications where the potential for injury is either 
highly localized (such as instrument faces) or the location is such 
that injury due to failure of the glass is unlikely (e.g., mirrors in 
lavatories). These glass items are subject to the inertia loads 
contained in Sec.  25.561 and maximum positive differential pressure 
for items like monitors, but are not subject to these special 
conditions. They have been found acceptable through project specific 
means of compliance requiring testing to meet the requirement Sec.  
25.785(d), and by adding a protective polycarbonate layer that covers 
the glass exposed to the cabin.
    The use of glass in airplanes utilizes the one unique 
characteristic of glass, its capability for undistorted or controlled 
light transmittance, or transparency. Glass, in its basic form as 
annealed, untreated sheet, plate, or float glass, when compared to 
metals, is extremely notch-sensitive, has a low fracture resistance, 
has a low modulus of elasticity, and can be highly variable in its 
properties. While reasonably strong, it is not a desirable material for 
traditional aircraft applications because, as a solo component, it is 
heavy (about the same density as aluminum). In addition, when glass 
fails, it can break into extremely sharp fragments that have the 
potential for injury above and beyond simple impact, and have been 
known to be lethal.
    These special conditions address installing glass in much larger 
sizes than previously accepted and in a multitude of locations and 
applications, instead of using more traditional aircraft materials. In 
most, if not all cases, the glass will not be covered with a 
polycarbonate layer. Additionally, the retention of glass of this size 
and weight is not amenable to conventional techniques currently 
utilized in airplane cabins.
    These special conditions consider the unusual material properties 
of glass as an interior material that have limited or prevented its use 
in the past, and address the performance standards needed to ensure 
that those properties do not reduce the level of safety intended by the 
regulations. They address the use of large glass items installed in 
occupied rooms or areas during taxi, take off, and landing, or rooms or 
areas that occupants do have to enter or pass through to get to any 
emergency exit.
    These special conditions define a large glass component threshold 
of 4 kg, which is based on an assessment of the mass dislodged during a 
high ``g'' level (as defined in Sec.  25.562) event. Groupings of glass 
components that total more than 4 kg would also need to be included. 
The applicable performance standards in the regulations for the 
installation of these components also apply and should not adversely 
affect the standards provided below. For example, heat release and 
smoke density testing should not result in fragmentation of the 
component.
    For large glass components mounted in a cabin occupied by 
passengers or crew that are not otherwise protected from the injurious 
effects of failure of the glass component, the following apply:

[[Page 1487]]

    Material. The glass used must be tempered or otherwise treated to 
ensure that when fractured, it breaks into small pieces with relatively 
dull edges. This must be demonstrated by testing to failure. Tests 
similar to ANSI/SAE Z26.1 section 5.7, Test 7 would be acceptable.
    Fragmentation. The glass component construction must control the 
fragmentation of the glass to minimize the danger from flying glass 
shards or pieces. Impact and puncture testing to failure must 
demonstrate this. Tests similar to ANSI/SAE Z26.1 section 5.9, Test 9 
adjusted to ensure cracking the glass would be acceptable.
    Strength. The glass component, as installed in the airplane, must 
be strong enough to meet the load requirements for all flight and 
landing loads and all of the emergency landing conditions in subparts C 
and D of part 25. In addition, glass components that are located such 
that they are not protected from contact with cabin occupants must be 
designed for abusive loading without failure, such as impact from 
service carts, or occupants stumbling into, leaning against, sitting 
on, or performing other intentional or unintentional forceful contact. 
This must be demonstrated by static structural testing to ultimate load 
except that the critical loading condition must be tested to failure. 
The tested glass component must have all features that affect component 
strength, such as etched surfaces, cut or engraved designs, holes, and 
so forth.
    Retention. The glass component, as installed in the airplane, must 
not come free of its restraint or mounting system in the event of an 
emergency landing. Based on the characteristics of a large glass 
component, dynamic tests should be performed to demonstrate that the 
occupants would be protected up to the load levels required by the 
certification basis of the airplane. A single test for the most 
critical loading for the installed component would be sufficient. This 
may be accomplished by using already accepted methods for dynamic 
testing.
    Analysis may be used in lieu of testing if the applicant has 
validated the strength models and dynamic simulation models used, 
against static tests to failure and dynamic testing to the above 
requirements, and can predict structural failure and dynamic response 
and inertial load. The glass material properties must meet Sec.  
25.613, ``Material strength properties and material design values.'' 
The effect of design details such as geometric discontinuities or 
surface finish must be accounted for in the test/analysis.

Discussion of Comments

    Notice of proposed special conditions No. 25-05-08-SC for the 
Boeing Model 747-400 series airplanes was published in the Federal 
Register on August 11, 2005 (70 FR 46785). One commenter responded to 
the notice.
    Comment: The commenter expresses concern that the special 
conditions neglect to address injuries, especially head injuries to 
passengers because of physical movements of the airplane caused by 
unexpected disturbances, sudden loss of altitude, disorientation, etc.
    FAA Reply: The special conditions do not specifically call out for 
the protection of the passenger while moving about the cabin because 
the existing regulation, Sec.  25.785(d)(e), already addresses this 
requirement. These special conditions are additional requirements to 
the existing certification basis of the Boeing Model 747-400.
    Comment: The commenter expresses concern that the special 
conditions neglect to address injuries caused to passengers by glass 
breaking into a large number of small fragments. These small fragments 
may have dull edges and fall to the ground causing passengers to slip, 
fall, and harm themselves.
    FAA Reply: Special conditions 1 and 2 address 
this concern by requiring the glass to be tested to failure to 
demonstrate that glass pieces must be shown to be non-hazardous.
    Comment: The commenter expresses concern that the special 
conditions neglect to address disorientation of passengers because of 
reflections in mirrored glass panels, or because of intense sunlight 
through the windows on clear or mirrored glass panels.
    FAA Reply: In this case, glass does not present any additional 
hazards over the materials currently used in airplane interiors, such 
as polished metals or mirrored acrylics. The FAA is currently unaware 
of any instances of these materials causing such disorientation among 
the passengers.
    Comment: The commenter expresses concern that the special 
conditions neglect to address or omit the possible liability incurred 
by the carrier, operator, and potential third parties-not excluding the 
FAA, which is granting these special conditions. The commenter 
expresses concern that the liability incurred could be beyond the 
carrier's insurance coverage.
    FAA Reply: These special conditions are intended to establish a 
level of safety for the use of glass equal to those of the existing 
regulations. As such, the liability incurred would be no different than 
currently exists in the industry. The aircraft industry requested these 
special conditions, and they are required only if the applicant chooses 
to install structural glass.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 747-400 airplane. Should Lufthansa Technik apply at a 
later date for a change to the supplemental type certificate to include 
another model on the same type certificate incorporating 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 the Boeing Model 747-400 modified by Lufthansa Technik AG. 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.
    In an effort to address the commenters concerns, and based on the 
nature of the intended operation of the affected airplane, the FAA 
limits the application of these special conditions to airplanes 
operated for private use only. Therefore, the appropriate limitation 
has been added to the special conditions.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

0
The authority citation for these special conditions is as follows:

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

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Boeing Model 747-400 airplane, 
modified by Lufthansa Technik AG. For these special conditions, a large 
glass component is 4 kg (approximately 10 pounds) and greater in mass, 
or a grouping of glass components that total more than 4 kg.
    1. The airplane is not operated for hire or offered for common 
carriage. This provision does not preclude the operator from receiving 
remuneration to the extent consistent with 14 CFR parts 125 and 91, 
subpart F, as applicable.
    2. Material Fragmentation. The glass used to fabricate the 
component must be tempered or treated to ensure that when fractured, it 
breaks into small pieces with relatively dull edges. In addition, it 
must be shown that fragmentation of the glass is controlled to reduce 
the danger from flying glass shards or

[[Page 1488]]

pieces. This must be demonstrated by testing to failure.
    3. Component Strength. The glass component must be strong enough to 
meet the load requirements for all flight and landing loads including 
any of the applicable emergency landing conditions in subparts C & D of 
part 25. Abuse loading without failure, such as impact from occupants 
stumbling into, leaning against, sitting on, or performing other 
intentional or unintentional forceful contact must also be 
demonstrated. This must be demonstrated by static structural testing to 
ultimate load, except that the critical loading condition must be 
tested to failure in the as-installed condition. The tested glass must 
have all features that effect component strength, such as etched 
surfaces, cut or engraved designs, holes, and so forth. Glass pieces 
must be non-hazardous.
    4. Component Retention. The glass component, as installed in the 
airplane, must not come free of its restraint or mounting system in the 
event of an emergency landing. A test must be performed to demonstrate 
that the occupants would be protected from the effects of the component 
failing or becoming free of restraint under dynamic loading. The 
dynamic loading of Sec.  25.562(b)(2) is considered an acceptable 
dynamic event. The applicant may propose an alternate pulse, however, 
the impulse and peak load may not be less than that of Sec.  
25.562(b)(2). As an alternative to a dynamic test, static testing may 
be used if the loading is assessed as equivalent or more critical than 
a dynamic test, based upon validated dynamic analysis. Both the primary 
directional loading and rebound conditions need to be assessed.
    5. Instruction for Continued Airworthiness. The instruction for 
continued airworthiness will reflect the fastening method used and will 
ensure the reliability of the methods used (e.g., life limit of 
adhesives, or clamp connection). Inspection methods and intervals will 
be defined based upon adhesion data from the manufacturer of the 
adhesive or actual adhesion test data, if necessary.

    Issued in Renton, Washington, on January 3, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate Aircraft Certification 
Service.
[FR Doc. 06-200 Filed 1-9-06; 8:45 am]
BILLING CODE 4910-13-P
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