Special Conditions: Boeing Model 737 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels, 65759-65762 [E6-18906]
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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules
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SUPPLEMENTARY INFORMATION: On August
9, 2006, we published in the Federal
Register (71 FR 45439–45444, Docket
No. APHIS–2006–0026) a proposal to
remove several restrictions regarding the
identification of animals and the
processing of ruminant materials from
BSE minimal-risk regions, as well as
BSE-based restrictions on gelatin
derived from bovine hides.
Comments on the proposed rule were
required to be received on or before
October 10, 2006. We are reopening the
comment period on Docket No. APHIS–
2006–0026 for an additional 14 days.
This action will allow interested
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persons additional time to prepare and
submit comments. We will also consider
all comments received between October
11, 2006, and the date of this notice.
Authority: 7 U.S.C. 450, 1622, 7701–7772,
7781–7786, and 8301–8317; 21 U.S.C. 136
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80,
and 371.4.
Done in Washington, DC, this 3rd of
November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–19042 Filed 11–8–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM359; Notice No. 25–06–13–
SC]
Special Conditions: Boeing Model 737
Series Airplanes; Seats With NonTraditional, Large, Non-Metallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
AGENCY:
SUMMARY: This action proposes special
conditions for Boeing Model 737 series
airplanes. These airplanes will have a
novel or unusual design feature(s)
associated with seats that include nontraditional, large, non-metallic panels
that would affect survivability during a
post-crash fire event. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These proposed
special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: We must receive your comments
by November 29, 2006.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM359, 1601 Lind
Avenue SW., Renton, Washington,
98057–3356. You may deliver two
copies to the Transport Airplane
Directorate at the above address. You
must mark your comments: Docket No.
NM359. You can inspect comments in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
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65759
John
A. Shelden, FAA, Airframe/Cabin Safety
Branch, ANM–115, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356;
telephone (425) 227–2785; facsimile
(425) 227–1232; electronic mail
john.shelden@faa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning these special conditions.
You can inspect the docket before and
after the comment closing date. If you
wish to review the docket in person, go
to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
We will consider all comments we
receive on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want the FAA to acknowledge
receipt of your comments on this
proposal, include with your comments
a pre-addressed, stamped postcard on
which the docket number appears. We
will stamp the date on the postcard and
mail it back to you.
Future Requests for Installation of Seats
With Non-Traditional, Large, NonMetallic Panels
We anticipate that seats with nontraditional, large, non-metallic panels
will be installed in other makes and
models of airplanes. We have made the
determination to require special
conditions for all applications
requesting the installation of seats with
non-traditional, large, non-metallic
panels until the airworthiness
requirements can be revised to address
this issue. Having the same standards
across the range of airplane makes and
models will ensure a level playing field
for the aviation industry.
Background
On August 8, 2005, Boeing
Commercial Airplanes, P.O. Box 3707,
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Seattle, Washington 98124, applied for
a design change to Type Certificate No.
A16WE for installation of seats that
include non-traditional, large, nonmetallic panels in Boeing Model 737–
700 series airplanes. The Boeing Model
737 series airplanes, currently approved
under Type Certificate No. A16WE, are
swept-wing, conventional-tail, twinengine, turbofan-powered, single aisle,
medium sized transport category
airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A16WE do not
require seats to meet the more stringent
flammability standards required of
large, non-metallic panels in the cabin
interior. At the time the applicable rules
were written, seats were designed with
a metal frame covered by fabric, not
with large, non-metallic panels. Seats
also met the then recently adopted
standards for flammability of seat
cushions. With the seat design being
mostly fabric and metal, the
contribution to a fire in the cabin had
been minimized and was not considered
a threat. For these reasons, seats did not
need to be tested to heat release and
smoke emission requirements.
Seat designs have now evolved to
occasionally include non-traditional,
large, non-metallic panels. Taken in
total, the surface area of these panels is
on the same order as the sidewall and
overhead stowage bin interior panels.
To provide the level of passenger
protection intended by the
airworthiness standards, these nontraditional, large, non-metallic panels in
the cabin must meet the standards of
Title 14 Code of Federal Regulations
(CFR), part 25, Appendix F, parts IV and
V, heat release and smoke emission
requirements.
25–91, for the Models 737–700, –700C,
–800, –900, and –900ER, with the
exceptions listed: Section 25.853(d)(3),
Compartment interiors, at Amendment
25–72; and equivalent safety findings,
§ 25.853(f) Compartment interiors.
In addition, the certification basis
includes certain special conditions,
exemptions, or later amended sections
of the applicable part that are not
relevant to these proposed special
conditions.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 737 series
airplanes 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 737 series
airplanes must comply with the fuel
vent and exhaust emission requirements
of 14 CFR part 34 and the noise
certification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in § 11.19 and they become part
of the type certification basis under
§ 21.101.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same or similar novel
or unusual design feature, or should any
other model already included on the
same type certificate be modified to
incorporate the same or similar novel or
unusual design feature, the special
conditions would also apply to the other
model under § 21.101.
Type Certification Basis
Under the provisions of 14 CFR
21.101, Boeing must show that the
Model 737 series airplanes, as changed,
continue to meet the applicable
provisions of the regulations
incorporated by reference in Type
Certificate No. A16WE, 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. A16WE are as follows:
Title 14 CFR part 25, as amended by
Amendment 25–1 through Amendment
25–15, for the Models 737–200, –200C,
–300, –400, –500, and –600. Title 14
CFR part 25, as amended by
Amendment 25–1 through Amendment
Novel or Unusual Design Features
The Boeing Model 737 series
airplanes will incorporate the following
novel or unusual design features:
These models offer interior
arrangements that include passenger
seats that incorporate non-traditional,
large, non-metallic panels in lieu of the
traditional metal frame covered by
fabric. The flammability properties of
these panels have been shown to
significantly affect the survivability of
the cabin in the case of fire. These seats
are considered a novel design for
transport category airplanes that include
Amendment 25–61 and Amendment
25–66 in the certification basis, and
were not considered when those
airworthiness standards were
established.
The existing regulations do not
provide adequate or appropriate safety
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standards for seat designs that
incorporate non-traditional, large, nonmetallic panels in their designs. In order
to provide a level of safety that is
equivalent to that afforded to the
balance of the cabin, additional
airworthiness standards, in the form of
special conditions, are necessary. These
special conditions supplement § 25.853.
The requirements contained in these
special conditions consist of applying
the identical test conditions required of
all other large panels in the cabin, to
seats with non-traditional, large, nonmetallic panels.
Discussion
In the early 1980s the FAA conducted
extensive research on the effects of postcrash flammability in the passenger
cabin. As a result of this research and
service experience, we adopted new
standards for interior surfaces
associated with large surface area parts.
Specifically, the rules require
measurement of heat release and smoke
emission (part 25, Appendix F, parts IV
and V) for the affected parts. Heat
release has been shown to have a direct
correlation with post-crash fire survival
time. Materials that comply with the
standards (i.e., § 25.853 entitled
‘‘Compartment interiors’’ as amended by
Amendment 25–61 and Amendment
25–66) extend survival time by
approximately 2 minutes, over materials
that do not comply.
At the time these standards were
written the potential application of the
requirements of heat release and smoke
emission to seats was explored. The seat
frame itself was not a concern because
it was primarily made of aluminum and
there were only small amounts of nonmetallic materials. It was determined
that the overall effect on survivability
was negligible, whether or not the food
trays met the heat release and smoke
requirements. The requirements
therefore did not address seats. The
preambles to both the Notice of
Proposed Rule Making (NPRM), Notice
No. 85–10 (50 FR 15038, April 16, 1985)
and the Final Rule at Amendment 25–
61 (51 FR 26206, July 21, 1986),
specifically note that seats were
excluded ‘‘because the recently adopted
standards for flammability of seat
cushions will greatly inhibit
involvement of the seats.’’
Subsequently, the Final Rule at
Amendment 25–83 (60 FR 6615, March
6, 1995) clarified the definition of
minimum panel size: ‘‘It is not possible
to cite a specific size that will apply in
all installations; however, as a general
rule, components with exposed-surface
areas of one square foot or less may be
considered small enough that they do
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not have to meet the new standards.
Components with exposed-surface areas
greater than two square feet may be
considered large enough that they do
have to meet the new standards. Those
with exposed-surface areas greater than
one square foot, but less than two square
feet, must be considered in conjunction
with the areas of the cabin in which
they are installed before a determination
could be made.’’
In the late 1990s, the FAA issued
Policy Memorandum 97–112–39,
‘‘Guidance for Flammability Testing of
Seat/Console Installations,’’ October 17,
1997 (https://www.airweb.faa.gov/
Regulatory_and_Guidance_Library/
rgPolicy.nsf/0/
180fc146e245add486256d49006d29bd/
$FILE/Oct1797.pdf). That memo was
issued when it became clear that seat
designs were evolving to include large
non-metallic panels with surface areas
that would impact survivability during
a cabin fire event, comparable to
partitions or galleys. The memo noted
that large surface area panels must
comply with heat release and smoke
emission requirements, even if they
were attached to a seat. If the FAA had
not issued such policy, seat designs
could have been viewed as a loophole
to the airworthiness standards that
would result in an unacceptable
decrease in survivability during a cabin
fire event.
In October of 2004, an issue was
raised regarding the appropriate
flammability standards for passenger
seats that incorporated non-traditional,
large, non-metallic panels in lieu of the
traditional metal covered by fabric. The
Seattle Aircraft Certification Office and
Transport Standards Staff reviewed this
design and determined that it
represented the kind and quantity of
material that should be required to pass
the heat release and smoke emissions
requirements. We have determined that
special conditions would be
promulgated to apply the standards
defined in 14 CFR 25.853(d) to seats
with large non-metallic panels in their
design.
caps, armrest close-outs such as end
bays and center consoles, food trays,
video monitors and shrouds.
Definition of ‘‘Non-Traditional, Large,
Non-Metallic Panel’’
A non-traditional, large, non-metallic
panel, in this case, is defined as a panel
with exposed-surface areas greater than
1.5 square feet installed per seat place.
The panel may consist of either a single
component or multiple components in a
concentrated area. Examples of nontraditional areas include, but are not
limited to: seat backs, bottoms and leg/
foot rests, kick panels, back shells and
associated furniture. Examples of
traditional exempted areas include: arm
Conclusion
This action affects only certain novel
or unusual design features on one model
series of airplanes. It is not a rule of
general applicability.
Based on the above reasoning, we find
that the intent of the [heat release and
smoke emission] standards is to include
minimum panel sizes on the order of
one to two square feet. This panel size
sets the acceptable level of safety in the
cabin. The intent of these special
conditions is to maintain this accepted
level of safety and be consistent with
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Clarification of ‘‘Exposed’’
Exposed is considered to include
those panels directly exposed to the
passenger cabin in the traditional sense,
plus those panels enveloped such as by
a dress cover. Traditional fabrics or
leathers currently used on seats are
excluded from these special conditions.
These materials must still comply with
§ 25.853(a) and § 25.853(c) if used as a
covering for a seat cushion, or
§ 25.853(a) if installed elsewhere on the
seat. Non-traditional, large, non-metallic
panels covered with traditional fabrics
or leathers will be tested without their
coverings.
Applicability
As discussed above, these special
conditions are applicable to Boeing
Model 737 series airplanes. Although
the heat release and smoke testing
requirements of § 25.853 per Appendix
F, parts IV and V, are not part of the part
25 certification basis for the Model 737–
200, –200C, –300, –400, –500, and –600,
these special conditions are applicable
if the airplanes are in 14 CFR part 121
service. Part 121 requires applicable
interior panels to comply with § 25.853,
Appendix F, parts IV and V, regardless
of the certification basis. It is not our
intent to require seats with large nonmetallic panels to meet § 25.853,
Appendix F, parts IV and V, if they are
installed in cabins of airplanes that
otherwise are not required to meet these
standards. Should Boeing apply at a
later date for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, the special conditions
would apply to that model as well.
Certification of the Boeing Model
737–900ER is currently scheduled for
February 2007. Because a delay would
significantly affect the applicant’s
installation of the affected seats and
certification of the airplane, the public
comment period is shortened to 20 days.
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the average minimum panel size in the
balance of the cabin interior. Therefore,
we are allowing up to 1.5 square feet of
non-traditional, non-metallic, panel
material per seat place in total to be
excluded from the heat release and
smoke emission standards. However,
this exclusion [from heat release and
smoke emission] does not provide the
excluded material additional relief from
the other standards such as Title 14 CFR
part 25, Appendix F, parts I and II.
However, non-traditional, large, nonmetallic panels covered with traditional
fabrics or leathers will be tested without
their coverings. These coverings must
still comply with § 25.853(a) and
§ 25.853(c) if used as a covering for a
seat cushion, or § 25.853(a) if installed
elsewhere on the seat.
We recognize different manufacturing
techniques have associated cost
differences and therefore are allowing
the applicant to designate which nontraditional, non-metallic panels
comprise the 1.5 square foot exclusion.
This determination will allow for
flexibility in design and a
manufacturing cost savings.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Boeing
Model 737 series airplanes.
1. Except as provided in paragraph 3
of these special conditions, compliance
with Title 14 CFR part 25, Appendix F,
parts IV and V, heat release and smoke
emission, is required for seats that
incorporate non-traditional, large, nonmetallic panels that may either be a
single component or multiple
components in a concentrated area in
their design.
2. The applicant may designate up to
and including 1.5 square feet of nontraditional, non-metallic panel material
per seat place that does not have to
comply with special condition Number
1, above. A triple seat assembly may
have a total of 4.5 square feet excluded
on any portion of the assembly (e.g.,
outboard seat place 1 square foot,
middle 1 square foot, and inboard 2.5
square feet).
3. Seats do not have to meet the test
requirements of Title 14 CFR part 25,
Appendix F, parts IV and V, when
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installed in compartments that are not
otherwise required to meet these
requirements. Examples include:
a. Airplanes with passenger capacities
of 19 or less,
b. Airplanes that do not have smoke
and heat release in their certification
basis and do not need to comply with
the requirements per 14 CFR 121.312,
and
c. Airplanes exempted from smoke
and heat release requirements.
Issued in Renton, Washington, on October
27, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–18906 Filed 11–8–06; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 310
RIN 3084–0098
Telemarketing Sales Rule
Federal Trade Commission.
Extension of period to submit
comments in response to proposed
amendments to the Telemarketing Sales
Rule (‘‘TSR’’).
AGENCY:
rmajette on PROD1PC67 with PROPOSALS1
ACTION:
SUMMARY: In a Federal Register notice
published on October 4, 2006, 71 FR
58716, the FTC requested comment on
two proposed amendments to the TSR.
The Notice stated that comments must
be submitted on or before November 6,
2006. In response to a request for an
extension of the comment period
received on October 30, 2006, the
Commission has extended the comment
period for an additional 40 days.
DATES: Comments addressing the
proposed TSR amendments must be
submitted on or before December 18,
2006.
ADDRESSES: Interested parties are
invited to submit written comments.
Comments should refer to ‘‘TSR
Prerecorded Call Prohibition and Call
Abandonment Standard Modification,
Project No. R411001’’ to facilitate the
organization of comments. A comment
filed in paper form should include this
reference both in the text and on the
envelope, and should be mailed or
delivered, with two complete copies, to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–135 (Annex K), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580. The FTC is
requesting that any comment filed in
paper form be sent by courier or
overnight service, if possible, because
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14:28 Nov 08, 2006
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U.S. postal mail in the Washington area
and at the Commission is subject to
delay due to heightened security
precautions. Comments containing
confidential material, however, must be
filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with Commission Rule 4.9(c),
which requires that the comment be
accompanied by an explicit request for
confidential treatment, including the
factual and legal basis for the request,
and must identify the specific portions
of the comment to be withheld from the
public record. The request will be
granted or denied by the Commission’s
General Counsel, consistent with
applicable law and the public interest.
See Commission Rule 4.9(c), 16 CFR
4.9(c).
Comments filed in electronic form
should be submitted by visiting the Web
site at https://
secure.commentworks.com/ftc-tsr and
following the instructions on the Webbased form. To ensure that the
Commission considers an electronic
comment, you must file it on the webbased form at the https://
secure.commentworks.com/ftc-tsr Web
site. You may also visit https://
www.regulations.gov, to read the
proposed amendments and file an
electronic comment through that Web
site. The Commission will consider all
comments that regulations.gov forwards
to it.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at https://
www.ftc.gov. As a matter of discretion,
the FTC makes every effort to remove
home contact information for
individuals from public comments it
receives before placing those comments
on the FTC Web site. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at https://www.ftc.gov/
ftc/Privacy.htm.
FOR FURTHER INFORMATION CONTACT:
Craig Tregillus, (202) 326–2970,
Division of Marketing Practices, Bureau
of Consumer Protection, Room H–288,
Federal Trade Commission, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: On
October 4, 2006, the Commission
published a notice in the Federal
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Register that, among other things,
announced two proposals to amend the
Telemarketing Sales Rule (‘‘TSR’’) by (1)
making explicit the prohibition,
currently implied in the TSR’s ‘‘call
abandonment’’ provisions, against the
use of prerecorded messages in
telemarketing calls answered by a
person without that person’s prior
consent to receive such calls; and (2)
modifying the method for measuring the
maximum allowable call abandonment
rate in the TSR’s call abandonment safe
harbor. The notice set forth the text of
the proposed amendments and posed a
series of questions designed to elicit
public comment. The notice provided
for a 30-day comment period, which
will end on November 6, 2006.
On October 30, 2006, the Commission
received a request from the Direct
Marketing Association (‘‘DMA’’) seeking
a 40-day extension of the comment
period, which would expire on
December 18, 2006. In support of its
extension request, DMA argued that the
proposed amendments ‘‘represent a
departure from [the Commission’s] prior
proposal to allow the types of calls it
now proposes to prohibit,’’ and that
DMA needs the additional time to
‘‘compile information from its members
to submit into the record that is
essential to the Commission’s
proposals.’’
The Commission believes that the
request for a 40-day extension of the
deadline for receipt of public comments
is reasonable. Moreover, as the request
notes, ‘‘there will be no change to the
status quo with an extension’’ because
‘‘consumers will receive the same
protections they have received since the
Commission’s prior proposal.’’ 1
Accordingly, the Commission has
determined to extend the comment
period for an additional 40 days. The
Commission therefore will accept
comments received on or before
Monday, December 18, 2006.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–19012 Filed 11–8–06; 8:45 am]
BILLING CODE 6750–01–P
1 The requested extension will not alter the
expiration on January 2, 2007, of the Commission’s
policy of forbearing to bring enforcement actions
against sellers and telemarketers using prerecorded
messages that violate the TSR.
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]]>Agencies
[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Proposed Rules]
[Pages 65759-65762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18906]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM359; Notice No. 25-06-13-SC]
Special Conditions: Boeing Model 737 Series Airplanes; Seats With
Non-Traditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
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SUMMARY: This action proposes special conditions for Boeing Model 737
series airplanes. These airplanes will have a novel or unusual design
feature(s) associated with seats that include non-traditional, large,
non-metallic panels that would affect survivability during a post-crash
fire event. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
proposed special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
DATES: We must receive your comments by November 29, 2006.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM359, 1601 Lind Avenue SW., Renton,
Washington, 98057-3356. You may deliver two copies to the Transport
Airplane Directorate at the above address. You must mark your comments:
Docket No. NM359. You can inspect comments in the Rules Docket
weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: John A. Shelden, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 227-2785; facsimile (425) 227-1232; electronic
mail john.shelden@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning these special conditions. You can inspect the docket before
and after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.
If you want the FAA to acknowledge receipt of your comments on this
proposal, include with your comments a pre-addressed, stamped postcard
on which the docket number appears. We will stamp the date on the
postcard and mail it back to you.
Future Requests for Installation of Seats With Non-Traditional, Large,
Non-Metallic Panels
We anticipate that seats with non-traditional, large, non-metallic
panels will be installed in other makes and models of airplanes. We
have made the determination to require special conditions for all
applications requesting the installation of seats with non-traditional,
large, non-metallic panels until the airworthiness requirements can be
revised to address this issue. Having the same standards across the
range of airplane makes and models will ensure a level playing field
for the aviation industry.
Background
On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707,
[[Page 65760]]
Seattle, Washington 98124, applied for a design change to Type
Certificate No. A16WE for installation of seats that include non-
traditional, large, non-metallic panels in Boeing Model 737-700 series
airplanes. The Boeing Model 737 series airplanes, currently approved
under Type Certificate No. A16WE, are swept-wing, conventional-tail,
twin-engine, turbofan-powered, single aisle, medium sized transport
category airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A16WE do not require seats to meet the more
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, the contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat release and smoke emission
requirements.
Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface
area of these panels is on the same order as the sidewall and overhead
stowage bin interior panels. To provide the level of passenger
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the
standards of Title 14 Code of Federal Regulations (CFR), part 25,
Appendix F, parts IV and V, heat release and smoke emission
requirements.
Type Certification Basis
Under the provisions of 14 CFR 21.101, Boeing must show that the
Model 737 series airplanes, as changed, continue to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate No. A16WE, 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. A16WE are as follows: Title 14 CFR
part 25, as amended by Amendment 25-1 through Amendment 25-15, for the
Models 737-200, -200C, -300, -400, -500, and -600. Title 14 CFR part
25, as amended by Amendment 25-1 through Amendment 25-91, for the
Models 737-700, -700C, -800, -900, and -900ER, with the exceptions
listed: Section 25.853(d)(3), Compartment interiors, at Amendment 25-
72; and equivalent safety findings, Sec. 25.853(f) Compartment
interiors.
In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these proposed special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737 series airplanes
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 737 series airplanes must comply with the
fuel vent and exhaust emission requirements of 14 CFR part 34 and the
noise certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in Sec. 11.19 and
they become part of the type certification basis under Sec. 21.101.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, or should any other model already
included on the same type certificate be modified to incorporate the
same or similar novel or unusual design feature, the special conditions
would also apply to the other model under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 737 series airplanes will incorporate the
following novel or unusual design features:
These models offer interior arrangements that include passenger
seats that incorporate non-traditional, large, non-metallic panels in
lieu of the traditional metal frame covered by fabric. The flammability
properties of these panels have been shown to significantly affect the
survivability of the cabin in the case of fire. These seats are
considered a novel design for transport category airplanes that include
Amendment 25-61 and Amendment 25-66 in the certification basis, and
were not considered when those airworthiness standards were
established.
The existing regulations do not provide adequate or appropriate
safety standards for seat designs that incorporate non-traditional,
large, non-metallic panels in their designs. In order to provide a
level of safety that is equivalent to that afforded to the balance of
the cabin, additional airworthiness standards, in the form of special
conditions, are necessary. These special conditions supplement Sec.
25.853. The requirements contained in these special conditions consist
of applying the identical test conditions required of all other large
panels in the cabin, to seats with non-traditional, large, non-metallic
panels.
Discussion
In the early 1980s the FAA conducted extensive research on the
effects of post-crash flammability in the passenger cabin. As a result
of this research and service experience, we adopted new standards for
interior surfaces associated with large surface area parts.
Specifically, the rules require measurement of heat release and smoke
emission (part 25, Appendix F, parts IV and V) for the affected parts.
Heat release has been shown to have a direct correlation with post-
crash fire survival time. Materials that comply with the standards
(i.e., Sec. 25.853 entitled ``Compartment interiors'' as amended by
Amendment 25-61 and Amendment 25-66) extend survival time by
approximately 2 minutes, over materials that do not comply.
At the time these standards were written the potential application
of the requirements of heat release and smoke emission to seats was
explored. The seat frame itself was not a concern because it was
primarily made of aluminum and there were only small amounts of non-
metallic materials. It was determined that the overall effect on
survivability was negligible, whether or not the food trays met the
heat release and smoke requirements. The requirements therefore did not
address seats. The preambles to both the Notice of Proposed Rule Making
(NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final
Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note
that seats were excluded ``because the recently adopted standards for
flammability of seat cushions will greatly inhibit involvement of the
seats.''
Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March
6, 1995) clarified the definition of minimum panel size: ``It is not
possible to cite a specific size that will apply in all installations;
however, as a general rule, components with exposed-surface areas of
one square foot or less may be considered small enough that they do
[[Page 65761]]
not have to meet the new standards. Components with exposed-surface
areas greater than two square feet may be considered large enough that
they do have to meet the new standards. Those with exposed-surface
areas greater than one square foot, but less than two square feet, must
be considered in conjunction with the areas of the cabin in which they
are installed before a determination could be made.''
In the late 1990s, the FAA issued Policy Memorandum 97-112-39,
``Guidance for Flammability Testing of Seat/Console Installations,''
October 17, 1997 (https://www.airweb.faa.gov/Regulatory_and_Guidance_
Library/rgPolicy.nsf/0/180fc146e245add486256d49006d29bd/$FILE/
Oct1797.pdf). That memo was issued when it became clear that seat
designs were evolving to include large non-metallic panels with surface
areas that would impact survivability during a cabin fire event,
comparable to partitions or galleys. The memo noted that large surface
area panels must comply with heat release and smoke emission
requirements, even if they were attached to a seat. If the FAA had not
issued such policy, seat designs could have been viewed as a loophole
to the airworthiness standards that would result in an unacceptable
decrease in survivability during a cabin fire event.
In October of 2004, an issue was raised regarding the appropriate
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional
metal covered by fabric. The Seattle Aircraft Certification Office and
Transport Standards Staff reviewed this design and determined that it
represented the kind and quantity of material that should be required
to pass the heat release and smoke emissions requirements. We have
determined that special conditions would be promulgated to apply the
standards defined in 14 CFR 25.853(d) to seats with large non-metallic
panels in their design.
Definition of ``Non-Traditional, Large, Non-Metallic Panel''
A non-traditional, large, non-metallic panel, in this case, is
defined as a panel with exposed-surface areas greater than 1.5 square
feet installed per seat place. The panel may consist of either a single
component or multiple components in a concentrated area. Examples of
non-traditional areas include, but are not limited to: seat backs,
bottoms and leg/foot rests, kick panels, back shells and associated
furniture. Examples of traditional exempted areas include: arm caps,
armrest close-outs such as end bays and center consoles, food trays,
video monitors and shrouds.
Clarification of ``Exposed''
Exposed is considered to include those panels directly exposed to
the passenger cabin in the traditional sense, plus those panels
enveloped such as by a dress cover. Traditional fabrics or leathers
currently used on seats are excluded from these special conditions.
These materials must still comply with Sec. 25.853(a) and Sec.
25.853(c) if used as a covering for a seat cushion, or Sec. 25.853(a)
if installed elsewhere on the seat. Non-traditional, large, non-
metallic panels covered with traditional fabrics or leathers will be
tested without their coverings.
Applicability
As discussed above, these special conditions are applicable to
Boeing Model 737 series airplanes. Although the heat release and smoke
testing requirements of Sec. 25.853 per Appendix F, parts IV and V,
are not part of the part 25 certification basis for the Model 737-200,
-200C, -300, -400, -500, and -600, these special conditions are
applicable if the airplanes are in 14 CFR part 121 service. Part 121
requires applicable interior panels to comply with Sec. 25.853,
Appendix F, parts IV and V, regardless of the certification basis. It
is not our intent to require seats with large non-metallic panels to
meet Sec. 25.853, Appendix F, parts IV and V, if they are installed in
cabins of airplanes that otherwise are not required to meet these
standards. Should Boeing apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.
Certification of the Boeing Model 737-900ER is currently scheduled
for February 2007. Because a delay would significantly affect the
applicant's installation of the affected seats and certification of the
airplane, the public comment period is shortened to 20 days.
Conclusion
This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability.
Based on the above reasoning, we find that the intent of the [heat
release and smoke emission] standards is to include minimum panel sizes
on the order of one to two square feet. This panel size sets the
acceptable level of safety in the cabin. The intent of these special
conditions is to maintain this accepted level of safety and be
consistent with the average minimum panel size in the balance of the
cabin interior. Therefore, we are allowing up to 1.5 square feet of
non-traditional, non-metallic, panel material per seat place in total
to be excluded from the heat release and smoke emission standards.
However, this exclusion [from heat release and smoke emission] does not
provide the excluded material additional relief from the other
standards such as Title 14 CFR part 25, Appendix F, parts I and II.
However, non-traditional, large, non-metallic panels covered with
traditional fabrics or leathers will be tested without their coverings.
These coverings must still comply with Sec. 25.853(a) and Sec.
25.853(c) if used as a covering for a seat cushion, or Sec. 25.853(a)
if installed elsewhere on the seat.
We recognize different manufacturing techniques have associated
cost differences and therefore are allowing the applicant to designate
which non-traditional, non-metallic panels comprise the 1.5 square foot
exclusion. This determination will allow for flexibility in design and
a manufacturing cost savings.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Proposed Special Conditions
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Boeing Model 737 series airplanes.
1. Except as provided in paragraph 3 of these special conditions,
compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat
release and smoke emission, is required for seats that incorporate non-
traditional, large, non-metallic panels that may either be a single
component or multiple components in a concentrated area in their
design.
2. The applicant may designate up to and including 1.5 square feet
of non-traditional, non-metallic panel material per seat place that
does not have to comply with special condition Number 1, above. A
triple seat assembly may have a total of 4.5 square feet excluded on
any portion of the assembly (e.g., outboard seat place 1 square foot,
middle 1 square foot, and inboard 2.5 square feet).
3. Seats do not have to meet the test requirements of Title 14 CFR
part 25, Appendix F, parts IV and V, when
[[Page 65762]]
installed in compartments that are not otherwise required to meet these
requirements. Examples include:
a. Airplanes with passenger capacities of 19 or less,
b. Airplanes that do not have smoke and heat release in their
certification basis and do not need to comply with the requirements per
14 CFR 121.312, and
c. Airplanes exempted from smoke and heat release requirements.
Issued in Renton, Washington, on October 27, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-18906 Filed 11-8-06; 8:45 am]
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