Special Conditions: Airbus Model A340 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels, 32-35 [E9-31119]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Section
Remove
104.8(g) .............................................................
104.8(g) .............................................................
104.8(g)(2) .........................................................
100.7(b)(22) ......................................................
100.8(b)(24) ......................................................
100.7(b)(22)(iii) .................................................
100.83
100.143
100.83(c)
PART 110—CONTRIBUTION AND
EXPENDITURE LIMITATIONS AND
PROHIBITIONS
Authority: 2 U.S.C. 431(8), 431(9), 432,
434, 437d(a)(8), 438(a)(8), and 441b.
DEPARTMENT OF TRANSPORTATION
§ 114.10
23. The authority citation for part 110
continues to read as follows:
■
Authority: 2 U.S.C. 431(8), 431(9),
432(c)(2), 437d, 438(a)(8), 441a, 441b, 441d,
441e, 441f, 441g, 441h, and 36 U.S.C. 510.
§ 110.1
[Amended]
24. In paragraph (a) of § 110.1, remove
‘‘110.10’’ and add, in its place, ‘‘100.1’’.
■ 25. Paragraph (f)(2)(i) introductory
text of § 110.14 is revised to read as
follows:
■
§ 110.14 Contributions to and
expenditures by delegates and delegate
committees.
Federal Aviation Administration
[Amended]
30. In paragraph (e)(2)(ii) of § 114.10,
remove ‘‘104.14’’ and add, in its place,
‘‘104.20(b)’’.
14 CFR Part 25
PART 201—EX PARTE
COMMUNICATIONS
Special Conditions: Airbus Model A340
Series Airplanes; Seats With NonTraditional, Large, Non-Metallic Panels
31. The authority citation for part 201
is revised read as follows:
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
■
■
Authority: 2 U.S.C. 437d(a)(8), 437f,
438(a)(8), and 438(b); 26 U.S.C. 9007, 9008,
9009(b), 9038, and 9039(b).
32. Paragraph (c) of § 201.2 is revised
to read as follows:
■
*
*
*
*
*
(f) * * *
(2) * * *
(i) Such expenditures are in-kind
contributions to a Federal candidate if
they are coordinated communications
under 11 CFR 109.21.
*
*
*
*
*
■ 26. In paragraph (a) introductory text
of § 110.17, remove ‘‘110.7’’ and add, in
its place, ‘‘109.32’’.
§ 201.2
Definitions.
*
*
*
*
*
(c) Commissioner means an
individual appointed to the Federal
Election Commission pursuant to 2
U.S.C. 437c(a).
*
*
*
*
*
PART 300—NON-FEDERAL FUNDS
33. The authority citation for part 300
is revised read as follows:
■
PART 113—PERMITTED AND
PROHIBITED USES OF CAMPAIGN
ACCOUNTS
Authority: 2 U.S.C. 434(e), 438(a)(8),
441a(a), 441i, and 453.
27. The authority citation for part 113
is revised to read as follows:
■
Authority: 2 U.S.C. 432(h), 438(a)(8), 439a,
and 441a.
§ 300.31
■
28. In paragraph (g)(8) of § 113.1, the
first sentence is revised to read as
follows:
■
§ 113.1
Definitions (2 U.S.C. 439a).
*
*
*
*
(g) * * *
(8) Recordkeeping. For those uses of
campaign funds described in paragraphs
(g)(1)(i) and (g)(1)(ii) of this section that
involve both personal use and either
campaign or office-holder use, a
contemporaneous log or other record
must be kept to document the dates and
expenses related to the personal use of
the campaign funds. * * *
PART 114—CORPORATE AND LABOR
ORGANIZATION ACTIVITY
29. The authority citation for part 114
is revised to read as follows:
■
VerDate Nov<24>2008
19:06 Dec 31, 2009
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34. Paragraph (g) of § 300.31 is revised
to read as follows:
Receipt of Levin Funds.
*
*
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Add
*
*
*
*
(g) Safe Harbor. The use of a common
vendor for fundraising by more than one
State, district, or local committee of a
political party, or the agent of such a
committee, does not constitute joint
fundraising within the meaning of this
section.
35. The heading of § 300.63 is revised
to read as follows:
■
§ 300.63 Exception for State candidates (2
U.S.C. 441i(e)(2)).
*
*
*
*
*
On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9–30797 Filed 12–31–09; 8:45 am]
BILLING CODE 6715–01–P
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[Docket No. NM423; Special Conditions No.
25–399–SC]
SUMMARY: These special conditions are
issued for the Airbus Model A340 series
airplanes. These airplanes will have a
novel or unusual design feature(s)
associated with seats that include nontraditional, large, non-metallic panels
that would affect survivability during a
post-crash fire event. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These 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 28,
2009.
We must receive your comments by
February 18, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM423, 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.
NM423. 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:
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) 227–2785;
facsimile (425) 227–2195; e-mail
alan.sinclair@faa.gov.
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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 delivery of
the affected aircraft. In addition, the
substance of these special conditions
has been subject to the public-comment
process in several prior instances with
no substantive comments received. The
FAA therefore finds that good cause
exists for making these special
conditions effective upon issuance.
SUPPLEMENTARY INFORMATION:
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Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
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 will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to let you know we
received your comments on these
special conditions, send us a selfaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
Background
On September 15, 2009, Airbus
Industrie, 1 Rond Point Maurice
Bellonte, 31707 Blagnac, Cedex, France,
applied for a design change to Type
Certificate No. A43NM for installation
of seats that include non-traditional,
large, non-metallic panels in Airbus
Model A340 series airplanes. These
airplanes, currently approved under
Type Certificate No. A43NM, are sweptwing, conventional-tail, twin-engine,
turbofan-powered, twin-aisle, largesized transport-category airplanes.
The applicable regulations to
airplanes currently approved under
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16:57 Dec 31, 2009
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Type Certificate No. A43NM 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
(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,
Airbus must show that the Model A340
series airplanes, as changed, continue to
meet the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A43NM, 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. A43NM are as follows:
14 CFR part 25, as amended by
Amendments 25–1 through 25–63;
certain regulations at later Amendments
25–65, 25–66, and 25–77; and
Amendment 25–64 with exceptions.
Refer to Type Certificate Data Sheet
(TCDS) A43NM for a complete
description of the certification basis for
that model, including certain special
conditions 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 Model A340 series airplanes
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
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In addition to the applicable
airworthiness regulations and special
conditions, the Model A340 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, under § 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 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.
Novel or Unusual Design Features
The Model A340 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 transportcategory 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. 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 § 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.
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
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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 and bottoms, 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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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 still must 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 FAA explored the potential
application of the requirements of heatrelease and smoke-emission
requirements to seats. The seat frame
itself was not a concern because it was
primarily made of aluminum and 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 smokeemission 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
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16:57 Dec 31, 2009
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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
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 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 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-emission
requirements. We have determined that
special conditions would be issued to
apply the standards defined in
§ 25.853(d) to seats with large, nonmetallic panels in their design.
Applicability
As discussed above, these special
conditions are applicable to Airbus
Model A340 series airplanes. Although
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the heat-release and smoke-emission
testing requirements of § 25.853, per
Appendix F, parts IV and V, are not part
of the part 25 certification basis for the
Airbus Model A340 series 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,
Appendix F, parts IV and V, regardless
of the certification basis. It is not our
intent to require seats with large, nonmetallic panels to meet § 25.853,
Appendix F, parts IV and V, if they are
installed in cabins of airplanes that
otherwise are not required to meet these
standards. Should Airbus 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 Airbus
Model A340 series airplanes. 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. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, the FAA
has determined that prior public notice
and comment are unnecessary, and good
cause exists for adopting these special
conditions upon issuance. The FAA is
requesting comments to allow interested
persons to submit views that may not
have been submitted in response to the
prior opportunities for comment
described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The 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 Airbus Model
A340 series airplanes.
1. Compliance with 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 be
either a single component or multiple
components in a concentrated area in
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their design. Traditional panels are
exempted.
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 No. 1. 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 sq.
ft.; middle, 1 sq. ft.; and inboard, 2.5 sq.
ft.)
3. Seats need not meet the test
requirements of 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 smokeand-heat release in their certification
basis, and do not need to comply with
the requirements per 14 CFR 121.312,
c. Airplanes exempted from smokeand-heat-release requirements.
4. The applicability requirements fall
into two categories: either new-seat
certification program or previously
certified. New-seat certification
programs must meet the special
conditions, previously certified are not
required to.
Issued in Renton, Washington on
December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–31119 Filed 12–31–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM422; Special Conditions No.
25–398–SC]
Special Conditions: Airbus Model
A318–112 Airplane (S/N 3886);
Certification of a Cooktop
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AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: The FAA issues these special
conditions for the Airbus Model A318–
112. This airplane, as modified by
Bizjet, a Lufthansa Technik Company,
will have a novel or unusual design
feature when compared to the state of
technology envisioned in the
airworthiness standards for transportcategory airplanes. The modification
consists of installing an electrically
heated surface, called a cooktop. The
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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 23,
2009.
We must receive your comments by
February 18, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM422, 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.
NM422. 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: Dan
Jacquet, FAA, Airframe and Cabin
Safety Branch, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356;
telephone (425) 227–2676; facsimile
(425) 227–1100; e-mail
daniel.jacquet@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
for these special conditions is
impracticable because this procedure
would significantly delay certification
and delivery of the affected aircraft. In
addition, the substance of these special
conditions has been subject to the
public comment process in several prior
instances with no substantive comments
received. We therefore find that good
cause exists for making these special
conditions effective upon issuance.
Comments Invited
We invite interested persons to take
part in this rulemaking by sending
written comments. 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 may
inspect the docket before and after the
comment closing date. If you wish to
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35
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 will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to let you know we
received your comments on these
special conditions, include with your
comments a self-addressed, stamped
postcard on which the docket number
appears. We will stamp the date on the
postcard and mail it back to you.
Background
On December 5, 2008, Bizjet
International (Bizjet) applied for a
supplemental type certificate for the
Airbus Model A318–112 airplane, serial
number 3886. The Airbus Model A318–
112 airplane is a large, transportcategory airplane powered by two
CFM56–5B9/P engines, with a basic
maximum takeoff weight of 130,071
pounds. The modified Airbus Model
A318–112 airplane, serial number 3886,
operates with a two-pilot crew, up to
four flight attendants, and can hold up
to 19 passengers.
The modification consists of installing
an electrically heated surface, called a
cooktop. Cooktops introduce high heat,
smoke, and the possibility of fire into
the passenger-cabin environment. These
potential hazards to the airplane and its
occupants must be satisfactorily
addressed. Because existing
airworthiness regulations do not contain
safety standards addressing cooktops,
we issue these special conditions.
Type Certification Basis
Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101,
Bizjet must show that the Airbus 318–
112, as changed, continues to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A28NM, 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 A28NM are
14 CFR part 25, as amended by
Amendments 25–1 through 25–56, with
reversions to earlier amendments,
voluntary compliance to later
amendments, special conditions,
equivalent-safety findings, and
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]]>Agencies
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 32-35]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31119]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM423; Special Conditions No. 25-399-SC]
Special Conditions: Airbus Model A340 Series Airplanes; Seats
With Non-Traditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
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SUMMARY: These special conditions are issued for the Airbus Model A340
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 December 28,
2009.
We must receive your comments by February 18, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM423, 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. NM423. 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: 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) 227-2785; facsimile (425) 227-2195; e-mail
alan.sinclair@faa.gov.
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SUPPLEMENTARY INFORMATION: 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 delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public-comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
issuance.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
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 will consider comments filed late if it is possible to do
so without incurring expense or delay. We may change these special
conditions based on the comments we receive.
If you want us to let you know we received your comments on these
special conditions, send us a self-addressed, stamped postcard on which
the docket number appears. We will stamp the date on the postcard and
mail it back to you.
Background
On September 15, 2009, Airbus Industrie, 1 Rond Point Maurice
Bellonte, 31707 Blagnac, Cedex, France, applied for a design change to
Type Certificate No. A43NM for installation of seats that include non-
traditional, large, non-metallic panels in Airbus Model A340 series
airplanes. These airplanes, currently approved under Type Certificate
No. A43NM, are swept-wing, conventional-tail, twin-engine, turbofan-
powered, twin-aisle, large-sized transport-category airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A43NM 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, Airbus must show that the
Model A340 series airplanes, as changed, continue to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate No. A43NM, 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. A43NM are as follows: 14 CFR part 25,
as amended by Amendments 25-1 through 25-63; certain regulations at
later Amendments 25-65, 25-66, and 25-77; and Amendment 25-64 with
exceptions. Refer to Type Certificate Data Sheet (TCDS) A43NM for a
complete description of the certification basis for that model,
including certain special conditions 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 Model A340 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 Model A340 series airplanes must comply with the fuel-
vent and exhaust-emission requirements of 14 CFR part 34 and the noise-
certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in Sec. 11.19, under
Sec. 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 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.
Novel or Unusual Design Features
The Model A340 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. 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 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
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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 and bottoms, 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 still must 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 FAA explored the
potential application of the requirements of heat-release and smoke-
emission requirements to seats. The seat frame itself was not a concern
because it was primarily made of aluminum and 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-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.''
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-emission requirements. We have
determined that special conditions would be issued to apply the
standards defined in Sec. 25.853(d) to seats with large, non-metallic
panels in their design.
Applicability
As discussed above, these special conditions are applicable to
Airbus Model A340 series airplanes. Although the heat-release and
smoke-emission testing requirements of Sec. 25.853, per Appendix F,
parts IV and V, are not part of the part 25 certification basis for the
Airbus Model A340 series 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,
Appendix F, parts IV and V, regardless of the certification basis. It
is not our intent to require seats with large, non-metallic panels to
meet Sec. 25.853, Appendix F, parts IV and V, if they are installed in
cabins of airplanes that otherwise are not required to meet these
standards. Should Airbus 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 Airbus Model A340 series airplanes. 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. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, the FAA has determined
that prior public notice and comment are unnecessary, and good cause
exists for adopting these special conditions upon issuance. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The 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 Airbus Model A340 series airplanes.
1. Compliance with 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 be either a single
component or multiple components in a concentrated area in
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their design. Traditional panels are exempted.
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 No. 1. 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 sq. ft.; middle, 1 sq. ft.; and inboard, 2.5 sq.
ft.)
3. Seats need not meet the test requirements of 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 smoke-and-heat release in their
certification basis, and do not need to comply with the requirements
per 14 CFR 121.312,
c. Airplanes exempted from smoke-and-heat-release requirements.
4. The applicability requirements fall into two categories: either
new-seat certification program or previously certified. New-seat
certification programs must meet the special conditions, previously
certified are not required to.
Issued in Renton, Washington on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-31119 Filed 12-31-09; 8:45 am]
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