Special Conditions: Bombardier Inc. Model CL-600-2B19, -2C10, -2D15 and -2D24 Airplanes; Passenger Seats With Non-Traditional, Large, Non-Metallic Panels, 44730-44732 [E9-20742]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
prolonged storage at a low state of
charge.
The ICA maintenance procedures must
contain precautions to prevent
mishandling of the lithium battery,
which could result in short-circuit or
other unintentional damage that, in
turn, could result in personal injury or
property damage.
Note 1: The term ‘‘sufficiently charged’’
means that the battery will retain enough of
a charge, expressed in ampere-hours, to
ensure that the battery cells will not be
damaged. A battery cell may be damaged by
lowering the charge below a point where the
battery’s ability to charge and retain a full
charge is reduced. This reduction would be
greater than the reduction that may result
from normal, operational degradation.
Note 2: These special conditions are not
intended to replace § 25.1353(b) in the
certification basis of the Airbus Model A330–
200 and A330–300 airplanes. These special
conditions apply only to lithium batteries
and their installations. The requirements of
§ 25.1353(b) remain in effect for batteries and
battery installations in Airbus Model A330–
200 and A330–300 airplanes that do not use
lithium batteries.
Compliance with the requirements of
these special conditions must be shown
by test, or analysis by the Aircraft
Certification Office or its designees,
with the concurrence of the FAA
Transport Airplane Directorate.
Issued in Renton, Washington, on August
20, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–20698 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM406; Special Conditions No.
25–384–SC]
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Special Conditions: Bombardier Inc.
Model CL–600–2B19, –2C10, –2D15
and –2D24 Airplanes; Passenger Seats
With Non-Traditional, Large, NonMetallic Panels
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
SUMMARY: These special conditions are
issued for Bombardier Inc. model CL–
600–2B19, –2C10, –2D15 and –2D24
airplanes. These airplanes will have a
novel or unusual design feature(s)
associated with seats that include non-
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16:16 Aug 28, 2009
Jkt 217001
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: Effective Date: August 12, 2009.
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.
Background
On July 1, 2008, Bombardier Inc. 400
Cote Vertu West, Dorval, Quebec,
Canada, H4S 1Y9 applied for a design
change to Type Certificate No. A21EA
for installation of seats that include nontraditional, large, non-metallic panels in
the following Bombardier Inc. airplanes:
Model CL–600–2B19, Model CL–600–
2C10, Model CL–600–2D15 and Model
CL–600–2D24. These airplanes, which
are currently approved under Type
Certificate No. A21EA, are swept-wing,
T-tail, twin-engine, fuselage mounted
turbofan-powered, single aisle, medium
sized transport category airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A21EA 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
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Fmt 4700
Sfmt 4700
Title 14 Code of Federal Regulations (14
CFR), part 25, Appendix F, parts IV and
V, heat release and smoke emission
requirements.
Type Certification Basis
Under the provisions of § 21.101
Bombardier must show that the
following airplane models, CL–600–
2B19, CL–600–2C10, CL–600–2D15 and
CL–600–2D24, as changed, continue to
meet the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A21AE, 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. A21AE
are for the following models:
• CL–600–2B19, part 25, effective
February 1, 1965, including
Amendments 25–1 through 25–62;
• CL–600–2C10, part 25, effective
February 1, 1965, including
Amendments 25–1 through 25–86:
• CL–600–2D15, part 25, effective
February 1, 1965, including
Amendments 25–1 through 25–86,
Amendments 25–88 through
Amendments 25–90 and Amendments
25–92 through Amendments 25–98.
• CL–600–2D24, part 25, effective
February 1, 1965, including
Amendments 25–1 through 25–86,
Amendments 25–88 through
Amendments 25–90 and Amendments
25–92 through Amendments 25–98.
In addition, the certification basis
includes other regulations and special
conditions that are not pertinent 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 Model CL–600 series airplanes
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of 14
CFR 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Model CL–600 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 14 CFR 11.19, in accordance
with § 11.38 and they become part of the
type certification basis under
§ 21.17(a)(2).
Special conditions are initially
applicable to the model for which they
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model
under § 21.101.
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Novel or Unusual Design Features
The Model CL–600 series airplanes
will incorporate the following novel or
unusual design features: These models
offer interior arrangements that include
passenger seats that incorporate nontraditional, 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 occupants 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 order to provide a
level of safety that is equivalent to that
provided by the balance of the cabin,
additional airworthiness standards, in
the form of special conditions, are
necessary. These special conditions
supplement 14 CFR 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 armreststyled center consoles, food trays, video
monitors and shrouds.
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16:16 Aug 28, 2009
Jkt 217001
Clarification of ‘‘Exposed’’
‘‘Exposed’’ is considered to include
those panels directly exposed to the
passenger cabin in the traditional sense,
plus those panels enveloped such as by
a dress cover. Traditional fabrics or
leathers currently used on seats are
excluded from these special conditions.
These materials must still comply with
14 CFR 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
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 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
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44731
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. 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 § 25.853(d) to seats with large
non-metallic panels in their design.
Discussion of Comments
Notice of proposed special conditions
no. 25–284–SC for the Bombardier Inc.
Model CL–600–2B19, –2C10, –2D15 and
–2D24 Airplanes was published in the
Federal Register on June 5, 2009. No
comments were received and the special
conditions are adopted as proposed.
Applicability
These special conditions are
applicable to Bombardier model CL–
600–2B19 airplanes. Because the heat
release testing requirements of § 25.853
per Appendix F, part IV are part of the
type certification basis for airplane
model CL–600–2B19, these special
conditions are applicable to airplane
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
model CL–600–2B19. Although smoke
testing requirements of § 25.853 per
Appendix F, part V, are not part of the
part 25 certification basis for
Bombardier Model CL–600–2B19
airplanes, these special conditions are
applicable if the airplanes are in 14 CFR
part 121 service. Part 121 requires
applicable interior panels to comply
with § 25.853 and Appendix F, part V,
regardless of the certification basis. It is
not our intent to require seats with large
non-metallic panels to meet § 25.853
and Appendix F, parts V, if they are
installed in cabins of airplanes that
otherwise are not required to meet these
standards. Should Bombardier 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.
These special conditions are
applicable to Bombardier airplane
Models CL–600–2C10, –2D15 and
–2D24. Because the heat release and
smoke testing requirements of § 25.853
are part of the type certification basis for
the airplane Models CL–600–2C10,
–2D15 and –2D24, these special
conditions are applicable to the airplane
Models CL–600–2C10, –2D15 and
–2D24. Should Bombardier 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.
Seats do not have to meet these
special conditions when installed in
compartments that are not otherwise
required to meet the test requirements of
CFR part 25, Appendix F, parts IV and
V. For example, airplanes that do not
have § 25.853, Amendment 25–61 or
later, in their certification basis and
those airplanes that do not need to
comply with the requirements of
§ 121.312.
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Conclusion
This action affects only certain novel
or unusual design features on
Bombardier Inc.: airplane Models CL–
600–2B19, –2C10, –2D15 and –2D24. It
is not a rule of general applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. These special
conditions were also subjected to a
notice and comment period of 45 days
with no changes made. Therefore, the
FAA has determined that good cause
exists for adopting these special
conditions upon issuance.
VerDate Nov<24>2008
16:16 Aug 28, 2009
Jkt 217001
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
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 Bombardier Inc.
airplane Models CL–600–2B19, –2C10,
–2D15 and –2D24.
1. Passenger Seats with NonTraditional, Large, Non-metallic Panels.
2. Except as provided in paragraph 3
of these special conditions, compliance
with heat release and smoke emission
testing requirements per 14 CFR part 25
and Appendix F, parts IV and V, is
required for seats that incorporate nontraditional, large non-metallic panels
that may either be a single component
or multiple components in a
concentrated area in their design.
3. 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).
4. Seats do not have to meet the test
requirements of 14 CFR part 25 and
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 14 CFR
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 14 CFR
25.853, Amendment 25–61 or later.
5. 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.
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Frm 00006
Fmt 4700
Sfmt 4700
Issued in Renton, Washington, on August
4, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–20742 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 622
[Docket No. 090206149–91081–03]
RIN 0648–AX39
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 29
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement Amendment 29 to the
Fishery Management Plan for Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared and submitted by the Gulf
of Mexico Fishery Management Council
(Council). This final rule implements a
multi-species individual fishing quota
(IFQ) program for the grouper and
tilefish component of the commercial
sector of the reef fish fishery in the Gulf
of Mexico (Gulf) exclusive economic
zone. In addition, the final rule allows
permit consolidation and dual
classifications to the shallow-water
grouper (SWG) and deep-water grouper
(DWG) management units for speckled
hind, warsaw grouper, and scamp, and
modifies some provisions of the Gulf
red snapper IFQ program for
consistency with this final rule. NMFS
also informs the public of the approval
by the Office of Management and
Budget (OMB) of the collection-ofinformation requirements contained in
this final rule and publishes the OMB
control numbers for those collections.
This rule is intended to reduce effort in
the grouper and tilefish component of
the commercial Gulf reef fish fishery.
DATES: This final rule is effective
September 30, 2009; however, the
applicability date for all the
amendments except for amendments to
§ 622.7 (gg) and (hh), § 622.20(b),
§ 622.20(c)(3)(v), and § 622.20(c)(6) is
January 1, 2010.
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 44730-44732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20742]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM406; Special Conditions No. 25-384-SC]
Special Conditions: Bombardier Inc. Model CL-600-2B19, -2C10, -
2D15 and -2D24 Airplanes; Passenger Seats With Non-Traditional, Large,
Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for Bombardier Inc. model
CL-600-2B19, -2C10, -2D15 and -2D24 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: Effective Date: August 12, 2009.
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.
Background
On July 1, 2008, Bombardier Inc. 400 Cote Vertu West, Dorval,
Quebec, Canada, H4S 1Y9 applied for a design change to Type Certificate
No. A21EA for installation of seats that include non-traditional,
large, non-metallic panels in the following Bombardier Inc. airplanes:
Model CL-600-2B19, Model CL-600-2C10, Model CL-600-2D15 and Model CL-
600-2D24. These airplanes, which are currently approved under Type
Certificate No. A21EA, are swept-wing, T-tail, twin-engine, fuselage
mounted turbofan-powered, single aisle, medium sized transport category
airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A21EA do not require seats to meet the more
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, the contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat release and smoke emission
requirements.
Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface
area of these panels is on the same order as the sidewall and overhead
stowage bin interior panels. To provide the level of passenger
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the
standards of Title 14 Code of Federal Regulations (14 CFR), part 25,
Appendix F, parts IV and V, heat release and smoke emission
requirements.
Type Certification Basis
Under the provisions of Sec. 21.101 Bombardier must show that the
following airplane models, CL-600-2B19, CL-600-2C10, CL-600-2D15 and
CL-600-2D24, as changed, continue to meet the applicable provisions of
the regulations incorporated by reference in Type Certificate No.
A21AE, 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.
A21AE are for the following models:
CL-600-2B19, part 25, effective February 1, 1965,
including Amendments 25-1 through 25-62;
CL-600-2C10, part 25, effective February 1, 1965,
including Amendments 25-1 through 25-86:
CL-600-2D15, part 25, effective February 1, 1965,
including Amendments 25-1 through 25-86, Amendments 25-88 through
Amendments 25-90 and Amendments 25-92 through Amendments 25-98.
CL-600-2D24, part 25, effective February 1, 1965,
including Amendments 25-1 through 25-86, Amendments 25-88 through
Amendments 25-90 and Amendments 25-92 through Amendments 25-98.
In addition, the certification basis includes other regulations and
special conditions that are not pertinent 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 Model CL-600 series airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of 14 CFR 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model CL-600 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 14 CFR 11.19, in
accordance with Sec. 11.38 and they become part of the type
certification basis under Sec. 21.17(a)(2).
Special conditions are initially applicable to the model for which
they
[[Page 44731]]
are issued. Should the type certificate for that model be amended later
to include any other model that incorporates the same novel or unusual
design feature, or should any other model already included on the same
type certificate be modified to incorporate the same 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 Model CL-600 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
occupants 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 order to provide a level of safety that
is equivalent to that provided by the balance of the cabin, additional
airworthiness standards, in the form of special conditions, are
necessary. These special conditions supplement 14 CFR 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 those panels directly exposed
to the passenger cabin in the traditional sense, plus those panels
enveloped such as by a dress cover. Traditional fabrics or leathers
currently used on seats are excluded from these special conditions.
These materials must still comply with 14 CFR 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 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. 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 Sec. 25.853(d) to seats with large non-metallic
panels in their design.
Discussion of Comments
Notice of proposed special conditions no. 25-284-SC for the
Bombardier Inc. Model CL-600-2B19, -2C10, -2D15 and -2D24 Airplanes was
published in the Federal Register on June 5, 2009. No comments were
received and the special conditions are adopted as proposed.
Applicability
These special conditions are applicable to Bombardier model CL-600-
2B19 airplanes. Because the heat release testing requirements of Sec.
25.853 per Appendix F, part IV are part of the type certification basis
for airplane model CL-600-2B19, these special conditions are applicable
to airplane
[[Page 44732]]
model CL-600-2B19. Although smoke testing requirements of Sec. 25.853
per Appendix F, part V, are not part of the part 25 certification basis
for Bombardier Model CL-600-2B19 airplanes, these special conditions
are applicable if the airplanes are in 14 CFR part 121 service. Part
121 requires applicable interior panels to comply with Sec. 25.853 and
Appendix F, part V, regardless of the certification basis. It is not
our intent to require seats with large non-metallic panels to meet
Sec. 25.853 and Appendix F, parts V, if they are installed in cabins
of airplanes that otherwise are not required to meet these standards.
Should Bombardier 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.
These special conditions are applicable to Bombardier airplane
Models CL-600-2C10, -2D15 and -2D24. Because the heat release and smoke
testing requirements of Sec. 25.853 are part of the type certification
basis for the airplane Models CL-600-2C10, -2D15 and -2D24, these
special conditions are applicable to the airplane Models CL-600-2C10, -
2D15 and -2D24. Should Bombardier 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.
Seats do not have to meet these special conditions when installed
in compartments that are not otherwise required to meet the test
requirements of CFR part 25, Appendix F, parts IV and V. For example,
airplanes that do not have Sec. 25.853, Amendment 25-61 or later, in
their certification basis and those airplanes that do not need to
comply with the requirements of Sec. 121.312.
Conclusion
This action affects only certain novel or unusual design features
on Bombardier Inc.: airplane Models CL-600-2B19, -2C10, -2D15 and -
2D24. It is not a rule of general applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. These
special conditions were also subjected to a notice and comment period
of 45 days with no changes made. Therefore, the FAA has determined that
good cause exists for adopting these special conditions upon issuance.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
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
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 Bombardier Inc. airplane Models CL-
600-2B19, -2C10, -2D15 and -2D24.
1. Passenger Seats with Non-Traditional, Large, Non-metallic
Panels.
2. Except as provided in paragraph 3 of these special conditions,
compliance with heat release and smoke emission testing requirements
per 14 CFR part 25 and Appendix F, parts IV and V, 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.
3. 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).
4. Seats do not have to meet the test requirements of 14 CFR part
25 and 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 14 CFR 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 14 CFR 25.853, Amendment 25-61 or later.
5. 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 August 4, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-20742 Filed 8-28-09; 8:45 am]
BILLING CODE 4910-13-P
