Special Conditions: Boeing Model 767 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels, 8788-8791 [E8-2864]
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Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
institutions that are located in the
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List of Subjects in 12 CFR Part 229
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Authority and Issuance
For the reasons set forth in the
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1149
1163
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Appendix B to Part 229—[Removed]
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3. Remove and reserve Appendix B.
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority, February 12, 2008.
Jennifer J. Johnson,
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[FR Doc. E8–2869 Filed 2–14–08; 8:45 am]
BILLING CODE 6210–01–P
PART 229—AVAILABILITY OF FUNDS
AND COLLECTION OF CHECKS
(REGULATION CC)
DEPARTMENT OF TRANSPORTATION
1. The authority citation for part 229
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Appendix A to Part 229—Routing
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Checks and local checks
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Tenth Federal Reserve District
[Federal Reserve Bank of Kansas City]
Denver Branch
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Eleventh Federal Reserve District
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Federal Aviation Administration
[Docket No. NM382; Notice No. 25–369–SC]
Special Conditions: Boeing Model 767
Series Airplanes; Seats with NonTraditional, Large, Non-Metallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
SUMMARY: These special conditions are
for Boeing Model 767 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 special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: The effective date of these
special conditions is March 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, FAA, Airframe/Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2195;
facsimile (425) 227–1232; electronic
mail alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Change to Special Condition Number 4
The FAA previously notified the
public of our intent to issue special
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conditions for seats with nontraditional, large, non-metallic panels
on various airplane makes and models.
Notice of Proposed Special Conditions
No. 25–06–13–SC, applicable to Boeing
Model 737 series airplanes, was
published in the Federal Register on
November 9, 2006 (71 FR 65761). The
special conditions were issued on June
29, 2007 (Docket No. NM 359, Special
Conditions No. 25–358–SC), published
in the Federal Register on July 10, 2007
(72 FR 37425), and became effective on
August 9, 2007. Both the Notice and the
Final Special Conditions contained
these words:
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.
Special condition number 4 in the 737
special conditions limits the
applicability of the special conditions to
new seat certification programs applied
for after the effective date of the special
conditions. In these special conditions
the FAA changed the applicability to
make the special conditions applicable
to new seat certification programs that
are approved after the effective date of
the special conditions. This change
could affect pending as well as future
project applications. The rationale
behind this change is that these seat
installations affect survivability during a
post-crash fire event and should be
implemented as soon as possible.
Additionally, the public has been
previously notified of the FAA’s intent
to issue similar special conditions on
other airplane makes and models.
Background
On August 8, 2005, Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124, applied for
a design change to Type Certificate No.
A1NM for installation of seats that
include non-traditional, large, nonmetallic panels in Boeing Model 767
series airplanes. The Boeing Model 767
series airplanes, currently approved
under Type Certificate No. A1NM, are
swept-wing, conventional tail, twinengine, turbofan-powered, dual aisle,
medium-sized transport category
airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A1NM do not
require seats to meet the more stringent
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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.
prescribed under the provisions of
§ 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 767 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.
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 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 767 series airplanes, as changed,
continue to meet the applicable
provisions of the regulations
incorporated by reference in Type
Certificate No. A1NM, 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. A1NM are as follows:
• For Model 767–200 and –300
airplanes—Title 14 CFR part 25, as
amended by Amendment 25–1 through
Amendment 25–37.
• For Model 767–400ER airplanes—
Title 14 CFR part 25, as amended by
Amendment 25–1 through Amendment
25–37 with the exception listed: Section
25.853(d)(3), Compartment interiors, at
Amendment 25–72.
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.
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 767 series
airplanes because of a novel or unusual
design feature, special conditions are
Novel or Unusual Design Features
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16:50 Feb 14, 2008
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The Boeing Model 767 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, 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.
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8789
Definition of ‘‘Non-Traditional, Large,
Non-Metallic Panel’’
A non-traditional, large, non-metallic
panel, in this case, is defined as a panel
with exposed-surface areas greater than
1.5 square feet installed per seat place.
The panel may consist of either a single
component or multiple components in a
concentrated area. Examples of parts of
the seat where these non-traditional
panels are installed include, but are not
limited to: Seat backs, bottoms and leg/
foot rests, kick panels, back shells,
credenzas and associated furniture.
Examples of traditional exempted parts
of the seat include: Arm caps, armrest
close-outs such as end bays and armreststyled center consoles, food trays, video
monitors, and shrouds.
Clarification of ‘‘Exposed’’
‘‘Exposed’’ is considered to include
panels that are directly exposed to the
passenger cabin in the traditional sense,
and panels that are enveloped, such as
by a dress cover. Traditional fabrics or
leathers currently used on seats are
excluded from these special conditions.
These materials must still comply with
§ 25.853(a) and § 25.853(c) if used as a
covering for a seat cushion, or
§ 25.853(a) if installed elsewhere on the
seat. Non-traditional, large, non-metallic
panels covered with traditional fabrics
or leathers will be tested without their
coverings or covering attachments.
Discussion
In the early 1980s the FAA conducted
extensive research on the effects of 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
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Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
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
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://rgl.faa.gov). 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
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16:50 Feb 14, 2008
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defined in 14 CFR 25.853(d) to seats
with large, non-metallic panels in their
design.
Discussion of Comments
Notice of proposed special conditions
No. 25–07–14–SC, pertaining to Boeing
Model 767 series airplanes, was
published in the Federal Register on
October 29, 2007 (72 FR 61079). We
only received comments from Boeing.
Change ‘‘Approved’’ to ‘‘Applied for’’ in
Special Condition Number 4
Boeing requested that the word
‘‘approved’’ in the following sentence be
changed to ‘‘applied for.’’
Only airplanes associated with new seat
certification programs approved after the
effective date of these special conditions will
be affected by the requirements in these
special conditions.
Boeing also requested clarification
regarding what is meant by ‘‘approved.’’
FAA Response: Special condition
number 4 was revised from what was
issued for the final special conditions
applicable to Model 737 airplanes. The
Model 737 final special conditions
contained the phrase ‘‘applied for.’’
That phrase was changed to ‘‘approved’’
in these final special conditions to
ensure that these special conditions are
applicable to as many Model 767
certification projects as possible. The
737 special conditions, in effect,
notified Boeing that the flammability
issue regarding seats with nontraditional, large, non-metallic panels
must be addressed. The FAA discussed
this issue with Boeing and stated that all
subsequent special conditions related to
this matter would be based on the
project approval date.
To clarify what we mean by the
approval date, the approval date is the
date of approval of the affected
amended type certificate or
supplemental type certificate.
These Special Conditions Are Not Being
Applied to Other Airplane
Manufacturers
Boeing did not request a specific
change in this comment, but did draw
attention to the fact that the standards
promulgated by these special conditions
have not yet achieved a ‘‘level playing
field for the aviation industry.’’ Boeing
stated that it agreed with the FAA’s
goals to ensure that all parties in the
industry are treated fairly, and the new
standards are applied uniformly.
However, Boeing noted that it is not
apparent that those goals have yet been
met.
FAA Response: As projects are
identified that include seats with large,
non-metallic panels, the FAA will issue
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special conditions for the affected
airplane makes and models. We are
currently working on several other
special condition packages for airplanes
produced by other manufacturers. In
addition, we are considering rulemaking
to revise § 25.853 to address this issue.
These special conditions are adopted
as proposed.
Applicability
As discussed above, these special
conditions are applicable to Boeing
Model 767 series airplanes. It is not our
intent, however, to require seats with
large, non-metallic 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. Because the heat
release and smoke testing requirements
of § 25.853 per Appendix F, parts IV and
V, are not part of the type certification
basis of the Model 767, these special
conditions are only applicable if the
Model 767 series airplanes are in 14
CFR part 121 operations. Section
121.312 requires compliance with the
heat release and smoke testing
requirements of § 25.853, for certain
airplanes, irrespective of the type
certification bases of those airplanes.
For Model 767 series airplanes, these
are the airplanes that would be affected
by these special conditions. 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.
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.
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:
I
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for Boeing Model 767 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
I
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Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
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
installed in compartments that are not
otherwise required to meet these
requirements. Examples include:
a. Airplanes with passenger capacities
of 19 or less,
b. Airplanes that do not have § 25.853,
Amendment 25–61 or later, in their
certification basis and do not need to
comply with the requirements of 14 CFR
121.312, and
c. Airplanes exempted from § 25.853,
Amendment 25–61 or later.
4. Only airplanes associated with new
seat certification programs approved
after the effective date of these special
conditions will be affected by the
requirements in these special
conditions. Previously certificated
interiors on the existing airplane fleet
and follow-on deliveries of airplanes
with previously certificated interiors are
not affected.
Issued in Renton, Washington, on February
7, 2008.
Kevin Hull,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–2864 Filed 2–14–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM381; Notice No. 25–368–SC]
Special Conditions: Boeing Model 747
Series Airplanes; Seats with NonTraditional, Large, Non-Metallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: These special conditions are
for Boeing Model 747 series airplanes.
These airplanes will have a novel or
unusual design feature(s) associated
VerDate Aug<31>2005
16:50 Feb 14, 2008
Jkt 214001
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 special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: The effective date of these
special conditions is March 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, FAA, Airframe/Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2195;
facsimile (425) 227–1232; electronic
mail alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Change to Special Condition Number 4
The FAA previously notified the
public of our intent to issue special
conditions for seats with nontraditional, large, non-metallic panels
on various airplane makes and models.
Notice of Proposed Special Conditions
No. 25–06–13–SC, applicable to Boeing
Model 737 series airplanes, was
published in the Federal Register on
November 9, 2006 (71 FR 65761). The
special conditions were issued on June
29, 2007 (Docket No. NM 359, Special
Conditions No. 25–358–SC), published
in the Federal Register on July 10, 2007
(72 FR 37425), and became effective on
August 9, 2007. Both the Notice and the
Final Special Conditions contained
these words:
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.
Special condition number 4 in the 737
special conditions limits the
applicability of the special conditions to
new seat certification programs applied
for after the effective date of the special
conditions. In these special conditions
the FAA changed the applicability to
make the special conditions applicable
to new seat certification programs that
are approved after the effective date of
the special conditions. This change
could affect pending as well as future
project applications. The rationale
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8791
behind this change is that these seat
installations affect survivability during a
post-crash fire event and should be
implemented as soon as possible.
Additionally, the public has been
previously notified of the FAA’s intent
to issue similar special conditions on
other airplane makes and models.
Background
On August 8, 2005, Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124, applied for
a design change to Type Certificate No.
A20WE for installation of seats that
include non-traditional, large, nonmetallic panels in Boeing Model 747
series airplanes. The Boeing Model 747
series airplanes, currently approved
under Type Certificate No. A20WE, are
swept-wing, conventional tail, four
engine, turbofan-powered, dual aisle,
large-sized transport category airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A20WE 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.
Type Certification Basis
Under the provisions of 14 CFR
21.101, Boeing must show that the
Model 747 series airplanes, as changed,
continue 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
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]]>Agencies
[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8788-8791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2864]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM382; Notice No. 25-369-SC]
Special Conditions: Boeing Model 767 Series Airplanes; Seats with
Non-Traditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are for Boeing Model 767 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
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: The effective date of these special conditions is March 17,
2008.
FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-2195; facsimile (425) 227-1232; electronic
mail alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Change to Special Condition Number 4
The FAA previously notified the public of our intent to issue
special conditions for seats with non-traditional, large, non-metallic
panels on various airplane makes and models. Notice of Proposed Special
Conditions No. 25-06-13-SC, applicable to Boeing Model 737 series
airplanes, was published in the Federal Register on November 9, 2006
(71 FR 65761). The special conditions were issued on June 29, 2007
(Docket No. NM 359, Special Conditions No. 25-358-SC), published in the
Federal Register on July 10, 2007 (72 FR 37425), and became effective
on August 9, 2007. Both the Notice and the Final Special Conditions
contained these words:
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.
Special condition number 4 in the 737 special conditions limits the
applicability of the special conditions to new seat certification
programs applied for after the effective date of the special
conditions. In these special conditions the FAA changed the
applicability to make the special conditions applicable to new seat
certification programs that are approved after the effective date of
the special conditions. This change could affect pending as well as
future project applications. The rationale behind this change is that
these seat installations affect survivability during a post-crash fire
event and should be implemented as soon as possible. Additionally, the
public has been previously notified of the FAA's intent to issue
similar special conditions on other airplane makes and models.
Background
On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124, applied for a design change to Type
Certificate No. A1NM for installation of seats that include non-
traditional, large, non-metallic panels in Boeing Model 767 series
airplanes. The Boeing Model 767 series airplanes, currently approved
under Type Certificate No. A1NM, are swept-wing, conventional tail,
twin-engine, turbofan-powered, dual aisle, medium-sized transport
category airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A1NM do not require seats to meet the more
stringent
[[Page 8789]]
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 767 series airplanes, as changed, continue to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate No. A1NM, 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. A1NM are as follows:
For Model 767-200 and -300 airplanes--Title 14 CFR part
25, as amended by Amendment 25-1 through Amendment 25-37.
For Model 767-400ER airplanes--Title 14 CFR part 25, as
amended by Amendment 25-1 through Amendment 25-37 with the exception
listed: Section 25.853(d)(3), Compartment interiors, at Amendment 25-
72.
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.
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 767 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 767 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.
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 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 767 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.
Definition of ``Non-Traditional, Large, Non-Metallic Panel''
A non-traditional, large, non-metallic panel, in this case, is
defined as a panel with exposed-surface areas greater than 1.5 square
feet installed per seat place. The panel may consist of either a single
component or multiple components in a concentrated area. Examples of
parts of the seat where these non-traditional panels are installed
include, but are not limited to: Seat backs, bottoms and leg/foot
rests, kick panels, back shells, credenzas and associated furniture.
Examples of traditional exempted parts of the seat include: Arm caps,
armrest close-outs such as end bays and armrest-styled center consoles,
food trays, video monitors, and shrouds.
Clarification of ``Exposed''
``Exposed'' is considered to include panels that are directly
exposed to the passenger cabin in the traditional sense, and panels
that are 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 or covering attachments.
Discussion
In the early 1980s the FAA conducted extensive research on the
effects of post-crash flammability in the passenger cabin. As a result
of this research and service experience, we adopted new standards for
interior surfaces associated with 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
[[Page 8790]]
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 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://rgl.faa.gov). 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.
Discussion of Comments
Notice of proposed special conditions No. 25-07-14-SC, pertaining
to Boeing Model 767 series airplanes, was published in the Federal
Register on October 29, 2007 (72 FR 61079). We only received comments
from Boeing.
Change ``Approved'' to ``Applied for'' in Special Condition Number 4
Boeing requested that the word ``approved'' in the following
sentence be changed to ``applied for.''
Only airplanes associated with new seat certification programs
approved after the effective date of these special conditions will
be affected by the requirements in these special conditions.
Boeing also requested clarification regarding what is meant by
``approved.''
FAA Response: Special condition number 4 was revised from what was
issued for the final special conditions applicable to Model 737
airplanes. The Model 737 final special conditions contained the phrase
``applied for.'' That phrase was changed to ``approved'' in these final
special conditions to ensure that these special conditions are
applicable to as many Model 767 certification projects as possible. The
737 special conditions, in effect, notified Boeing that the
flammability issue regarding seats with non-traditional, large, non-
metallic panels must be addressed. The FAA discussed this issue with
Boeing and stated that all subsequent special conditions related to
this matter would be based on the project approval date.
To clarify what we mean by the approval date, the approval date is
the date of approval of the affected amended type certificate or
supplemental type certificate.
These Special Conditions Are Not Being Applied to Other Airplane
Manufacturers
Boeing did not request a specific change in this comment, but did
draw attention to the fact that the standards promulgated by these
special conditions have not yet achieved a ``level playing field for
the aviation industry.'' Boeing stated that it agreed with the FAA's
goals to ensure that all parties in the industry are treated fairly,
and the new standards are applied uniformly. However, Boeing noted that
it is not apparent that those goals have yet been met.
FAA Response: As projects are identified that include seats with
large, non-metallic panels, the FAA will issue special conditions for
the affected airplane makes and models. We are currently working on
several other special condition packages for airplanes produced by
other manufacturers. In addition, we are considering rulemaking to
revise Sec. 25.853 to address this issue.
These special conditions are adopted as proposed.
Applicability
As discussed above, these special conditions are applicable to
Boeing Model 767 series airplanes. It is not our intent, however, 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.
Because the heat release and smoke testing requirements of Sec. 25.853
per Appendix F, parts IV and V, are not part of the type certification
basis of the Model 767, these special conditions are only applicable if
the Model 767 series airplanes are in 14 CFR part 121 operations.
Section 121.312 requires compliance with the heat release and smoke
testing requirements of Sec. 25.853, for certain airplanes,
irrespective of the type certification bases of those airplanes. For
Model 767 series airplanes, these are the airplanes that would be
affected by these special conditions. 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.
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.
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 Boeing Model 767 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
[[Page 8791]]
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 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 Sec. 25.853, Amendment 25-61 or
later, in their certification basis and do not need to comply with the
requirements of 14 CFR 121.312, and
c. Airplanes exempted from Sec. 25.853, Amendment 25-61 or later.
4. Only airplanes associated with new seat certification programs
approved after the effective date of these special conditions will be
affected by the requirements in these special conditions. Previously
certificated interiors on the existing airplane fleet and follow-on
deliveries of airplanes with previously certificated interiors are not
affected.
Issued in Renton, Washington, on February 7, 2008.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-2864 Filed 2-14-08; 8:45 am]
BILLING CODE 4910-13-P
