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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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