Special Conditions: Boeing Model 757 Series Airplanes; Seats with Non-Traditional, Large, Non-Metallic Panels, 1143-1146 [E9-328]
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Rules and Regulations
Federal Register
Vol. 74, No. 7
Monday, January 12, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2008–0438]
RIN 3150–AI48
List of Approved Spent Fuel Storage
Casks: NAC–UMS Revision 5,
Confirmation of Effective Date
AGENCY: Nuclear Regulatory
Commission.
ACTION: Direct final rule: Confirmation
of effective date.
The Nuclear Regulatory
Commission (NRC) is confirming the
effective date of January 12, 2009 for the
direct final rule that was published in
the Federal Register on October 27,
2008 (73 FR 63621). This direct final
rule amended the NRC’s regulations to
revise the NAC–UMS cask system
listing to include Amendment No. 5 to
Certificate of Compliance (CoC) No.
1015.
Approved Spent Fuel Storage Casks’’ to
include Amendment No. 5 to CoC No.
1015. This amendment modified the
CoC and Technical Specifications (TS)
to incorporate certain high burnup
pressurized water reactor fuel as
approved contents and make changes to
the TS and the Final Safety Analysis
Report to enhance the loading and
storage operation of the NAC–UMS
storage system. In the direct final rule,
NRC stated that if no significant adverse
comments were received, the direct
final rule would become final on
January 12, 2009. The NRC did not
receive any comments on the direct
final rule. Therefore, this rule will
become effective as scheduled.
Dated at Rockville, Maryland, this 6th day
of January 2009.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking, Directives and Editing
Branch, Division of Administrative Services,
Office of Administration.
[FR Doc. E9–346 Filed 1–9–09; 8:45 am]
BILLING CODE 7590–01–P
SUMMARY:
Effective Date: The effective date
of January 12, 2009 is confirmed for this
direct final rule.
ADDRESSES: Documents related to this
rulemaking, including any comments
received, may be examined at the NRC
Public Document Room, Room O–1F23,
11555 Rockville Pike, Rockville, MD
20852.
dwashington3 on PROD1PC60 with RULES
DATES:
FOR FURTHER INFORMATION CONTACT:
Jayne M. McCausland, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, telephone (301) 415–6219, email Jayne.McCausland@nrc.gov.
SUPPLEMENTARY INFORMATION: On
October 27, 2008 (73 FR 63621), the
NRC published a direct final rule
amending its regulations at 10 CFR
72.214 to revise the NAC–UMS cask
system listing within the ‘‘List of
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15:14 Jan 09, 2009
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM397; Special Conditions No.
25–378–SC]
Special Conditions: Boeing Model 757
Series Airplanes; Seats with NonTraditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for Boeing Model 757 series
airplanes. These airplanes, as modified
by American Airlines, Inc., will have a
novel or unusual design feature
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 special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
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of safety equivalent to that established
by the existing airworthiness standards.
DATES: The effective date of these
special conditions is December 24,
2008. We must receive your comments
by February 26, 2009.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM397, 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.
NM397. 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
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.
SUPPLEMENTARY INFORMATION:
Future Requests for Installation of Seats
With Non-Traditional, Large, NonMetallic Panels
The FAA has determined that notice
of, and opportunity for prior public
comment on, these special conditions
are impracticable because these
procedures would significantly delay
issuance of the design approval and
thus return to service of the affected
aircraft. The FAA therefore finds that
good cause exists for making these
special conditions effective upon
issuance.
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 consistent ruling for
the aviation industry.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
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written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
about these special conditions. You can
inspect the docket before and after the
comment closing date. If you wish to
review the docket in person, go to the
address in the ADDRESSES section of this
preamble between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
If you want us to acknowledge receipt
of your comments on these special
conditions, include with your
comments a self-addressed, stamped
postcard on which you have written the
docket number. We will stamp the date
on the postcard and mail it back to you.
Background
On October 15, 2008, American
Airlines, Inc., 3900 Mingo Rd, MD 208,
Tulsa, OK 74116, applied for a
supplemental type certificate for
installing seats that include nontraditional, large, non-metallic panels in
a Boeing Model 757 series airplane. The
Boeing Model 757 series airplanes,
currently approved under Type
Certificate No. A2NM, are swept-wing,
conventional-tail, twin-engine, turbofanpowered, single-aisle, medium-sized,
transport-category airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A2NM 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, their
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
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15:14 Jan 09, 2009
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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, American Airlines, Inc., must
show that the Boeing Model 757 series
airplanes, as changed, continue to meet
the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A2NM, 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. A2NM are as follows:
• For Model 757–200 airplanes: Part
25, as amended by Amendment 25–1
through Amendment 25–45. In addition,
an equivalent safety finding exists with
respect to § 25.853(c), Compartment
interiors.
• For Model 757–300 airplanes: Part
25, as amended by Amendment 25–1
through Amendment 25–85 with the
exception listed: § 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., part 25) do not contain adequate or
appropriate safety standards for the
Boeing Model 757 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 757 series
airplanes must comply with the fuelvent and exhaust-emission requirements
of 14 CFR part 34, and the noisecertification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in §§ 11.19 and 11.38, and they
become part of the type certification
basis under § 21.101.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
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for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same or similar novel or unusual design
feature, the special conditions would
also apply to the other model under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 757 series
airplanes will incorporate the following
novel or unusual design feature: 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. 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.
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
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excluded from these special conditions.
These materials must still comply with
§ 25.853(a) and § 25.853(c) if used as a
covering for a seat cushion, or
§ 25.853(a) if installed elsewhere on the
seat. Non-traditional, large, non-metallic
panels covered with traditional fabrics
or leathers will be tested without their
coverings or covering attachments.
Discussion
In the early 1980s, the FAA
conducted extensive research on the
effects of post-crash flammability in the
passenger cabin. As a result of this
research and service experience, we
adopted new standards for interior
surfaces associated with large surfacearea 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
included only small amounts of nonmetallic materials. We determined that
the overall effect of these materials on
survivability was negligible, whether or
not the food trays met the heat-release
and smoke-emission 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 recentlyadopted 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
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15:14 Jan 09, 2009
Jkt 217001
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.’’
On October 17, 1997, the FAA issued
Policy Memorandum 97–112–39,
Guidance for Flammability Testing of
Seat/Console Installations (https://
rgl.faa.gov). That memo was issued
when it became clear that seat designs
were evolving to include large, nonmetallic 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 smokeemission 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 cabinfire event.
In October 2004, we focused attention
on the appropriate flammability
standards for passenger seats that
incorporated non-traditional, large, nonmetallic panels in lieu of the traditional
fabric-covered metal. 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 issued to
apply the standards defined in
§ 25.853(d) to seats designed with large,
non-metallic panels.
Applicability
As discussed above, these special
conditions are applicable to Boeing
Model 757 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 heatrelease and smoke-emission testing
requirements of § 25.853 per Appendix
F, parts IV and V, are not part of the
type-certification basis of the Model
757, these special conditions are only
applicable if the Model 757 series
airplanes are in 14 CFR part 121
operations. Section 121.312 requires
compliance with the heat-release and
smoke-emission testing requirements of
§ 25.853, for certain airplanes,
irrespective of the type-certification
bases of those airplanes. For Model 757
series airplanes, these are the airplanes
that would be affected by these special
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1145
conditions. Should American Airlines,
Inc., apply at a later date for a
supplemental type certificate to modify
any other model included on Type
Certificate No. A2NM to incorporate 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 and it affects only
the applicant who applied to the FAA
for approval of these features on the
airplane.
Under standard practice, the effective
date of final special conditions would
be 30 days after the date of publication
in the Federal Register; however, as the
return-to-service date for the Boeing
Model 757 series airplane, modified by
American Airlines, Inc., is imminent,
the FAA finds that good cause exists to
make these special conditions effective
upon issuance.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
The authority citation for these
special conditions is as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type-certification
basis for Boeing Model 757 series
airplanes modified by American
Airlines, Inc.
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 (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;
■
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Rules and Regulations
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.
Issued in Renton, Washington, on
December 24, 2008.
Linda Navarro,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E9–328 Filed 1–9–09; 8:45 am]
BILLING CODE 4910–13–P
List of Subjects in 21 CFR Part 520
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
21 CFR Part 520
[Docket No. FDA–2008–N–0039]
Oral Dosage Form New Animal Drugs;
Phenylbutazone Tablets and Boluses
Food and Drug Administration,
HHS.
dwashington3 on PROD1PC60 with RULES
ACTION:
1. The authority citation for 21 CFR
part 520 continues to read as follows:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by First
Priority, Inc. The supplemental
application provides for revising the
description of a 1-gram oral dosage form
of phenylbutazone from tablet to bolus.
DATES: This rule is effective January 12,
2009.
FOR FURTHER INFORMATION CONTACT:
Melanie R. Berson, Center for Veterinary
Medicine (HFV–110), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8337, email: melanie.berson@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: First
Priority, Inc., 1585 Todd Farm Dr.,
Elgin, IL 60123, filed a supplement to
NADA 48–647 for the veterinary
prescription use of PRIBUTAZONE
(phenylbutazone) Tablets in horses for
the relief of inflammatory conditions
associated with the musculoskeletal
system. The supplemental application
provides for revising the description of
15:14 Jan 09, 2009
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
■
Final rule.
VerDate Nov<24>2008
Animal drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
■
Food and Drug Administration
AGENCY:
this 1-gram oral dosage form of
phenylbutazone from tablet to bolus.
The supplemental NADA is approved as
of December 10, 2008, and 21 CFR
520.1720a is amended to reflect the
approval.
Approval of this supplemental NADA
did not require review of additional
safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
The agency has determined under 21
CFR 25.33(d)(1) that this action is of a
type that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
Jkt 217001
Authority: 21 U.S.C. 360b.
2. In § 520.1720a, revise paragraphs
(a) and (b)(3); and add paragraph (b)(6)
to read as follows:
■
§ 520.1720a
boluses.
Phenylbutazone tablets and
(a) Specifications. Each tablet
contains 100, 200, or 400 milligrams
(mg), or 1 gram (g) of phenylbutazone.
Each bolus contains 1, 2, or 4 gram g of
phenylbutazone.
(b) * * *
(3) Nos. 000856 and 061623 for use of
100-mg or 1-g tablets in dogs and horses.
*
*
*
*
*
(6) No. 058829 for use of 100-mg or
1-g tablets in dogs and horses, or 1-g
boluses in horses.
*
*
*
*
*
Dated: January 5, 2009.
Steven D. Vaughn,
Director, Office of New Animal Drug
Evaluation, Center for Veterinary Medicine.
[FR Doc. E9–265 Filed 1–9–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0736; FRL–8759–7]
Approval and Promulgation of Air
Quality Implementation Plans; the
Metropolitan Washington
Nonattainment Area; Determination of
Attainment of the Fine Particle
Standard
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is determining that the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 fine
particle (PM2.5) National Ambient Air
Quality Standard (NAAQS) has attained
the 1997 PM2.5 NAAQS.
DATES: Effective Date: This final rule is
effective on January 12, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0736. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Melissa Linden, (215) 814–2096, or by
e-mail at linden.melissa@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. When Is This Action Effective?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is determining that the
Metropolitan Washington, DC–MD–VA
nonattainment area for the 1997 PM2.5
NAAQS has attained the 1997 PM2.5
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]]>Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Rules and Regulations]
[Pages 1143-1146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-328]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM397; Special Conditions No. 25-378-SC]
Special Conditions: Boeing Model 757 Series Airplanes; Seats with
Non-Traditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for Boeing Model 757
series airplanes. These airplanes, as modified by American Airlines,
Inc., will have a novel or unusual design feature 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 December 24,
2008. We must receive your comments by February 26, 2009.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM397, 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. NM397. 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 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.
SUPPLEMENTARY INFORMATION:
Future Requests for Installation of Seats With Non-Traditional, Large,
Non-Metallic Panels
The FAA has determined that notice of, and opportunity for prior
public comment on, these special conditions are impracticable because
these procedures would significantly delay issuance of the design
approval and thus return to service of the affected aircraft. The FAA
therefore finds that good cause exists for making these special
conditions effective upon issuance.
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 consistent ruling for
the aviation industry.
Comments Invited
We invite interested people to take part in this rulemaking by
sending
[[Page 1144]]
written comments, data, or views. The most helpful comments reference a
specific portion of the special conditions, explain the reason for any
recommended change, and include supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
about these special conditions. You can inspect the docket before and
after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.
If you want us to acknowledge receipt of your comments on these
special conditions, include with your comments a self-addressed,
stamped postcard on which you have written the docket number. We will
stamp the date on the postcard and mail it back to you.
Background
On October 15, 2008, American Airlines, Inc., 3900 Mingo Rd, MD
208, Tulsa, OK 74116, applied for a supplemental type certificate for
installing seats that include non-traditional, large, non-metallic
panels in a Boeing Model 757 series airplane. The Boeing Model 757
series airplanes, currently approved under Type Certificate No. A2NM,
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. A2NM 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, their 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, American Airlines, Inc.,
must show that the Boeing Model 757 series airplanes, as changed,
continue to meet the applicable provisions of the regulations
incorporated by reference in Type Certificate No. A2NM, 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. A2NM are as follows:
For Model 757-200 airplanes: Part 25, as amended by
Amendment 25-1 through Amendment 25-45. In addition, an equivalent
safety finding exists with respect to Sec. 25.853(c), Compartment
interiors.
For Model 757-300 airplanes: Part 25, as amended by
Amendment 25-1 through Amendment 25-85 with the exception listed: Sec.
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., part 25) do not contain adequate or appropriate
safety standards for the Boeing Model 757 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 757 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. Sec. 11.19
and 11.38, 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 applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 757 series airplanes will incorporate the
following novel or unusual design feature: 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. 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.
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
[[Page 1145]]
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 included only small amounts of non-
metallic materials. We determined that the overall effect of these
materials on survivability was negligible, whether or not the food
trays met the heat-release and smoke-emission 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.''
On October 17, 1997, the FAA issued Policy Memorandum 97-112-39,
Guidance for Flammability Testing of Seat/Console Installations (http:/
/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 2004, we focused attention on the appropriate
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional
fabric-covered metal. 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 issued to apply the
standards defined in Sec. 25.853(d) to seats designed with large, non-
metallic panels.
Applicability
As discussed above, these special conditions are applicable to
Boeing Model 757 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-emission testing requirements of
Sec. 25.853 per Appendix F, parts IV and V, are not part of the type-
certification basis of the Model 757, these special conditions are only
applicable if the Model 757 series airplanes are in 14 CFR part 121
operations. Section 121.312 requires compliance with the heat-release
and smoke-emission testing requirements of Sec. 25.853, for certain
airplanes, irrespective of the type-certification bases of those
airplanes. For Model 757 series airplanes, these are the airplanes that
would be affected by these special conditions. Should American
Airlines, Inc., apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate No.
A2NM to incorporate 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 and it affects only the applicant who applied to the FAA
for approval of these features on the airplane.
Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the return-to-service date for the Boeing
Model 757 series airplane, modified by American Airlines, Inc., is
imminent, the FAA finds that good cause exists to make these special
conditions effective upon issuance.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
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 757 series airplanes
modified by American Airlines, Inc.
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 (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;
[[Page 1146]]
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.
Issued in Renton, Washington, on December 24, 2008.
Linda Navarro,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-328 Filed 1-9-09; 8:45 am]
BILLING CODE 4910-13-P
