Special Conditions: Boeing Model 757 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels, 39-42 [E9-31121]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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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 A330 series airplanes. Although
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 A330 series airplanes,
these special conditions are applicable
if the airplanes are in 14 CFR part 121
service. Part 121 requires applicable
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16:57 Dec 31, 2009
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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 A330 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
A330 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
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
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39
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. E9–31118 Filed 12–31–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM421; Special Conditions No.
25–397–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 Continental 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
of safety equivalent to that established
by the existing airworthiness standards.
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
DATES: The effective date of these
special conditions is December 18,
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. NM421, 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.
NM421. 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
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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. 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.
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
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
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16:57 Dec 31, 2009
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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, April 9, 2009, Continental
Airlines, Inc., 600 Jefferson St. HQJEG
13th Floor, Houston, TX 77002, 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
on the same order as the sidewall and
overhead-stowage-bin interior panels.
To provide the level of passenger
protection intended by the
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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 14 CFR
21.101, Continental 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 of § 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 14 CFR 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
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
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feature, the special conditions would
also apply to the other model under
§ 21.101.
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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
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
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§ 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, titled
‘‘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
one square foot, but less than two square
feet, must be considered in conjunction
with the areas of the cabin in which
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41
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 nontraditional, 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 cabinfire 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
§ 25.853(d) to seats designed with nontraditional, 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
non-traditional, large, non-metallic
panels to meet § 25.853, which calls out
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
§ 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 typecertification bases of those airplanes.
For Model 757 series airplanes, these
are the airplanes that would be affected
by these special conditions. Should
Continental Airlines, Inc., apply at a
later date for a supplemental type
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
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
Continental 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.
The authority citation for these
special conditions is as follows:
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Jkt 220001
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
December 17, 2009. No adverse
comments were received, and thus this
notice confirms that effective date.
*
*
*
*
*
Issued in College Park, Georgia, on
December 15, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9–30801 Filed 12–31–09; 8:45 am]
Federal Aviation Administration
BILLING CODE 4910–13–P
14 CFR Part 71
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2009–0602; Airspace
Docket No. 09–AEA–13]
Federal Aviation Administration
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the typecertification basis for Boeing Model 757
series airplanes modified by Continental
Airlines, Inc.
1. Except as provided in paragraph 3
of these special conditions, 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, 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;
middle, 1 square foot; and inboard, 2.5
square feet).
3. Seats do not have to 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:
17:51 Dec 31, 2009
Issued in Renton, Washington, on
December 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E9–31121 Filed 12–31–09; 8:45 am]
Establishment of Class E Airspace;
Spencer, WV
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
VerDate Nov<24>2008
a. Airplanes with passenger capacities
of 19 or fewer,
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.
This action confirms the
effective date of a direct final rule
published in the Federal Register that
establishes Class E Airspace at Spencer,
WV. This action enhances the safety and
airspace management of Boggs Field
Airport, Spencer, WV.
DATES: Effective 0901 UTC, December
17, 2009. The Director of the Federal
Register approves this incorporation by
reference action under Title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal
Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320;
telephone (404) 305–5610.
SUPPLEMENTARY INFORMATION:
Confirmation of Effective Date
The FAA published a direct final rule
with request for comments establishing
Class E Airspace at Boggs Field Airport,
Spencer, WV, in the Federal Register on
October 19, 2009 (74 FR 53407), Docket
No. FAA–2009–0602; Airspace Docket
No. 09–AEA–13. The FAA uses the
direct final rulemaking procedure for a
non-controversial rule where the FAA
believes that there will be no adverse
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14 CFR Part 71
[Docket No. FAA–2009–0203; Airspace
Docket No. 09–ASO–12]
Modification of Class D and E
Airspace; Albemarle, NC
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; confirmation of
effective date; correction.
SUMMARY: This action confirms the
effective date of a direct final rule
published in the Federal Register May
6, 2009, that modifies Class D and Class
E airspace at Stanly County Airport,
Albemarle, NC. This action also corrects
the True bearing used in the Class D
airspace description that was stated
incorrectly.
DATES: Effective 0901 UTC, February 11,
2010. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Melinda Giddens, Operations Support
Group, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; Telephone (404)
305–5610, Fax 404–305–5572.
SUPPLEMENTARY INFORMATION:
History
The rule modifying Class D and E
airspace for Stanly County Airport,
Albemarle, NC, published in the
Federal Register May 6, 2009 (74 FR
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[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 39-42]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31121]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM421; Special Conditions No. 25-397-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.
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SUMMARY: These special conditions are issued for Boeing Model 757
series airplanes. These airplanes, as modified by Continental 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.
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DATES: The effective date of these special conditions is December 18,
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. NM421, 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. NM421. 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. 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.
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 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, April 9, 2009, Continental Airlines, Inc., 600 Jefferson St.
HQJEG 13th Floor, Houston, TX 77002, 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 (14 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, Continental 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 of 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 14 CFR 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
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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 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, titled ``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,
(https://rgl.faa.gov). That memo was issued when it became clear that
seat designs were evolving to include non-traditional, 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 non-
traditional, 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 non-traditional, large, non-metallic panels to meet
Sec. 25.853, which calls out 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 Continental Airlines, Inc., apply at a later
date for a supplemental type
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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 Continental 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.
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 Continental Airlines, Inc.
1. Except as provided in paragraph 3 of these special conditions,
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 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;
middle, 1 square foot; and inboard, 2.5 square feet).
3. Seats do not have to 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 fewer,
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 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-31121 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-13-P
