Special Conditions: Embraer ERJ 190-100 Series Airplane Seats With Non-Traditional, Large, Non-Metallic Panels, 46838-46840 [2010-19071]
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46838
Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations
List of Subjects in 12 CFR Part 226
DEPARTMENT OF TRANSPORTATION
Advertising, Federal Reserve System,
Mortgages, Reporting and recordkeeping
requirements, Truth in lending.
Federal Aviation Administration
For the reasons set forth in the
preamble, the Board amends Regulation
Z, 12 CFR part 226, as set forth below:
[Docket No. NM430; Special Conditions No.
25–408–SC]
■
PART 226—TRUTH IN LENDING
(REGULATION Z)
Authority: 12 U.S.C. 3806; 15 U.S.C. 1604
and 1637(c)(5).
2. In Supplement I to Part 226, under
Section 226.32—Requirements for
Certain Closed-End Home Mortgages,
under Paragraph 32(a)(1)(ii), paragraph
2.xvi. is added.
■
Supplement I to Part 226—Official Staff
Interpretations
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Subpart E—Special Rules for Certain
Home Mortgage Transactions
*
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*
*
*
Section 226.32—Requirements for
Certain Closed-End Home Mortgages
32(a) Coverage
*
*
*
*
*
Paragraph 32(a)(1)(ii)
*
*
*
*
*
2. Annual adjustment of $400
amount.
*
*
*
*
*
xvi. For 2011, $592, reflecting a 2.2
percent increase in the CPI–U from June
2009 to June 2010, rounded to the
nearest whole dollar.
*
*
*
*
*
By order of the Board of Governors of the
Federal Reserve System, acting through the
Director of the Division of Consumer and
Community Affairs under delegated
authority, July 29, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–19101 Filed 8–3–10; 8:45 am]
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BILLING CODE 6210–01–P
Special Conditions: Embraer ERJ 190–
100 Series Airplane Seats With NonTraditional, Large, Non-Metallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
1. The authority citation for part 226
continues to read as follows:
■
*
14 CFR Part 25
These special conditions are
issued for the Embraer ERJ 190–100
series airplane. This airplane will have
novel or unusual design features that
include non-traditional, large, nonmetallic 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 June 29, 2010. We
must receive your comments by
September 3, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM430, 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.
NM430. 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:
Cindy Ashforth, FAA, International
Branch, ANM–116, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW.,
Renton, Washington 98057–3356;
telephone (425) 227–2768; facsimile
(425) 227–1320.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Future Requests for Installation of Seats
With Non-Traditional, Large, NonMetallic Panels
The FAA has determined that notice
of, and opportunity for prior public
comment on, these special conditions
are impracticable because these
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12:40 Aug 03, 2010
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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.
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
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 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 March 9, 2010, Embraer applied
for a change to Type Certificate No.
A57NM for a new interior arrangement
of 112 slim passenger seats in the ERJ
190–100 STD, ERJ 190–100 LR, and ERJ
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Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations
190–100 IGW. The Embraer ERJ 190–
100 series airplanes, currently approved
under Type Certificate No. A57NM, are
low-wing, conventional-tail, twinturbofan, transport-category airplanes.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A57NM 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 nontraditional, large, non-metallic panels in
the cabin must meet the standards of
Title 14 Code of Federal Regulations
(CFR), part 25, Appendix F, parts IV and
V, heat-release and smoke-emission
requirements.
jdjones on DSK8KYBLC1PROD with RULES
Type Certification Basis
Under the provisions of § 21.101
Embraer must show that the ERJ 190–
100, as changed, continues to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A57NM 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 A57NM are
as follows: Part 25, as amended by
Amendment 25–1 through Amendment
25–101. In addition, the certification
basis includes certain special
conditions, exemptions, or later
amended sections of the applicable part
that are not relevant to these special
conditions.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the ERJ 190–100 because of a novel
or unusual design feature, special
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12:40 Aug 03, 2010
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conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the ERJ 190–100 must
comply with the fuel-vent and exhaustemission requirements of 14 CFR part
34 and the noise-certification
requirements of 14 CFR part 36;
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.101.
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 ERJ 190–100 series aircraft 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 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
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46839
the seat where these non-traditional
panels are installed include, but are not
limited to: Seat backs, bottoms and leg/
foot rests, kick panels, back shells,
credenzas, and associated furniture.
Examples of traditional exempted parts
of the seat include: Arm caps, armrest
close-outs such as end bays and armreststyled center consoles, food trays, video
monitors, and shrouds.
Clarification of ‘‘Exposed’’
‘‘Exposed’’ is considered to include
panels that are directly exposed to the
passenger cabin in the traditional sense,
and panels that are enveloped, such as
by a dress cover. Traditional fabrics or
leathers currently used on seats are
excluded from these special conditions.
These materials must still comply with
§§ 25.853(a) and 25.853(c) if used as a
covering for a seat cushion, or
§ 25.853(a) if installed elsewhere on the
seat. Non-traditional, large, non-metallic
panels covered with traditional fabrics
or leathers will be tested without their
coverings or covering attachments.
Discussion
In the early 1980s, the Federal
Aviation Administration (FAA)
conducted extensive research on the
effects of post-crash flammability in the
passenger cabin. As a result of this
research and service experience, the
FAA adopted new standards for interior
surfaces associated with larger-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. The materials that comply with
the standards (i.e., § 25.853, titled
‘‘Compartment Interiors,’’ as amended by
Amendments 25–61 and 25–66)
extended survival time by
approximately 2 minutes over materials
that do not comply.
At the time Amendment 25–61 was
written, the potential application of the
requirement 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 (for
example, a food-tray table and armrest
closeout). It was determined that the
overall effect on survivability was
negligible, whether or not these panels
met the heat-release and smokeemission requirements. The
requirements therefore did not address
seats, and the preambles to both Notice
of Proposed Rule Making (NPRM) 85–10
and the final rule (Amendment 25–61)
specifically noted that they were
excluded ‘‘because the recently-adopted
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Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
standards for flammability of seat
cushions will greatly inhibit
involvement of the seats.’’
In the late 1990s, 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
compared to partitions or galleys, the
FAA issued Policy Memorandum 97–
112–39. This memo noted that largesurface-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 would have been
viewed as a loophole to the
airworthiness standards that would
result in an unacceptable decrease in
survivability during a cabin-fire event.
Applicability
As discussed above, these special
conditions are applicable to the ERJ
190–100. Should Embraer 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.
As discussed above, these special
conditions are applicable to Embraer
ERJ 190–100 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 ERJ 190–100, these
special conditions are only applicable if
the Model ERJ 190–100 series airplanes
are in 14 CFR part 121 operations.
Section 121.312 requires compliance
with the heat-release and smokeemission testing requirements of
§ 25.853, for certain airplanes,
irrespective of the type-certification
bases of those airplanes. For Model ERJ
190–100 series airplanes, these are the
airplanes that would be affected by
these special conditions. Should
Embraer apply at a later date for a
supplemental type certificate to modify
any other model included on Type
Certificate No. A57NM, 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 affects only
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12:40 Aug 03, 2010
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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 Embraer
ERJ 190–100 series airplane is
imminent, the FAA finds that good
cause exists to make these special
conditions effective upon issuance.
Issued in Renton, Washington, on June 29,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
List of Subjects in 14 CFR Part 25
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 typecertification basis for Embraer ERJ 190–
100 series airplanes.
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 be either 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:
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.
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[FR Doc. 2010–19071 Filed 8–3–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. NM431; Special Conditions No.
25–409–SC]
Special Conditions: Bombardier Inc.
Model CL–600–2E25 Series Airplane;
Passenger Seats With Non-Traditional,
Large, Non-Metallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Bombardier Inc. Model
CL–600–2E25 Series Airplane. These
airplanes will have a novel or unusual
design feature associated with seats that
include non-traditional, large, nonmetallic 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 July 27, 2010. We
must receive your comments by
September 20, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM431, 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.
NM431. 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) 227–2195;
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Rules and Regulations]
[Pages 46838-46840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19071]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM430; Special Conditions No. 25-408-SC]
Special Conditions: Embraer ERJ 190-100 Series Airplane Seats
With Non-Traditional, Large, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer ERJ 190-
100 series airplane. This airplane will have novel or unusual design
features 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 June 29, 2010.
We must receive your comments by September 3, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM430, 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. NM430. 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: Cindy Ashforth, FAA, International
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone (425) 227-2768; facsimile (425) 227-1320.
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 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.
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 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 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 March 9, 2010, Embraer applied for a change to Type Certificate
No. A57NM for a new interior arrangement of 112 slim passenger seats in
the ERJ 190-100 STD, ERJ 190-100 LR, and ERJ
[[Page 46839]]
190-100 IGW. The Embraer ERJ 190-100 series airplanes, currently
approved under Type Certificate No. A57NM, are low-wing, conventional-
tail, twin-turbofan, transport-category airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A57NM do not require seats to meet the more
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then-recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, their contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat-release and smoke-emission
requirements.
Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface
area of these panels is on the same order as the sidewall and overhead-
stowage-bin interior panels. To provide the level of passenger
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the
standards of Title 14 Code of Federal Regulations (CFR), part 25,
Appendix F, parts IV and V, heat-release and smoke-emission
requirements.
Type Certification Basis
Under the provisions of Sec. 21.101 Embraer must show that the ERJ
190-100, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A57NM 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
A57NM are as follows: Part 25, as amended by Amendment 25-1 through
Amendment 25-101. In addition, the certification basis includes certain
special conditions, exemptions, or later amended sections of the
applicable part that are not relevant to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the ERJ 190-100 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 ERJ 190-100 must comply with the fuel-vent and exhaust-
emission requirements of 14 CFR part 34 and the noise-certification
requirements of 14 CFR part 36;
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type-
certification basis under Sec. 21.101.
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 ERJ 190-100 series aircraft will incorporate the following
novel or unusual design features: These models offer interior
arrangements that include passenger seats that incorporate non-
traditional, large, non-metallic panels in lieu of the traditional
metal frame covered by fabric. The flammability properties of these
panels have been shown to significantly affect the survivability of the
cabin in the case of fire. These seats are considered a novel design
for transport-category airplanes that include Amendment 25-61 and
Amendment 25-66 in the certification basis, and were not considered
when those airworthiness standards were established. The existing
regulations do not provide adequate or appropriate safety standards for
seat designs that incorporate non-traditional, large, non-metallic
panels in their designs. 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. Sec. 25.853(a)
and 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 Federal Aviation Administration (FAA)
conducted extensive research on the effects of post-crash flammability
in the passenger cabin. As a result of this research and service
experience, the FAA adopted new standards for interior surfaces
associated with larger-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. The materials that comply with the standards (i.e., Sec. 25.853,
titled ``Compartment Interiors,'' as amended by Amendments 25-61 and
25-66) extended survival time by approximately 2 minutes over materials
that do not comply.
At the time Amendment 25-61 was written, the potential application
of the requirement 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 (for example, a food-tray table
and armrest closeout). It was determined that the overall effect on
survivability was negligible, whether or not these panels met the heat-
release and smoke-emission requirements. The requirements therefore did
not address seats, and the preambles to both Notice of Proposed Rule
Making (NPRM) 85-10 and the final rule (Amendment 25-61) specifically
noted that they were excluded ``because the recently-adopted
[[Page 46840]]
standards for flammability of seat cushions will greatly inhibit
involvement of the seats.''
In the late 1990s, 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 compared to
partitions or galleys, the FAA issued Policy Memorandum 97-112-39. This
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 would have been
viewed as a loophole to the airworthiness standards that would result
in an unacceptable decrease in survivability during a cabin-fire event.
Applicability
As discussed above, these special conditions are applicable to the
ERJ 190-100. Should Embraer 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.
As discussed above, these special conditions are applicable to
Embraer ERJ 190-100 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 ERJ 190-100,
these special conditions are only applicable if the Model ERJ 190-100
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 ERJ 190-100
series airplanes, these are the airplanes that would be affected by
these special conditions. Should Embraer apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A57NM, 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 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
Embraer ERJ 190-100 series airplane 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.
0
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Embraer ERJ 190-100 series airplanes.
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 be either 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 June 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19071 Filed 8-3-10; 8:45 am]
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