Special Conditions: Bombardier Inc. Model CL-600-2E25 Series Airplane; Passenger Seats With Non-Traditional, Large, Non-Metallic Panels, 46840-46843 [2010-19072]

Download as PDF 46840 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 VerDate Mar<15>2010 12:40 Aug 03, 2010 Jkt 220001 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 [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: E:\FR\FM\04AUR1.SGM 04AUR1 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations facsimile (425) 227–1232; e-mail alan.sinclair@faa.gov. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of and opportunity for prior public comment on these special conditions is impracticable and would significantly delay issuance of the design approval and thus delivery of the affected aircraft. The substance of these special conditions has previously been subject to the public-comment process and received no substantive comments. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance. jdjones on DSK8KYBLC1PROD with RULES 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 February 28, 2007, Bombardier Inc., 400 Cote Vertu West, Dorval, Quebec, Canada, H4S 1Y9, applied for an amended type certificate for the Bombardier Model CL–600–2E25 airplane to be identified on Type Certificate Data Sheet (TCDS) No. A21EA. The Model CL–600–2E25 series airplane will be a swept-wing, T-tail, twin-engine, fuselage-mounted turbofan-powered, single-aisle, mediumsized, transport-category airplane. The applicable airplane regulations, currently approved under Title 14, Code VerDate Mar<15>2010 12:40 Aug 03, 2010 Jkt 220001 of Federal Regulations (14 CFR) part 25, do not require seats to meet the morestringent 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, nonmetallic panels. Seats also met the thenrecently 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 heatrelease 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 part 25, Appendix F, parts IV and V, heat-release and smoke-emission requirements. Type Certification Basis Under provisions of 14 CFR 21.17, Bombardier must show that the Model CL–600–2E25 series airplane meets the applicable provisions of part 25, as amended by Amendments 25–1 through 25–119. If the Administrator finds that the applicable airworthiness regulations do not contain adequate or appropriate safety standards for the Model CL–600– 2E25 airplane because of a novel or unusual design feature, special conditions are prescribed under provisions of 14 CFR 21.16. In addition to the applicable airworthiness regulations and special conditions, the Model CL–600–2E25 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. In addition, the FAA must issue a finding of regulatory adequacy pursuant to section 611 of Public Law 92–574, the ‘‘Noise Control Act of 1972.’’ Special conditions, as defined in 14 CFR 11.19, are issued in accordance with § 11.38 and become part of the type certification basis in accordance with § 21.17(a)(2). 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 or similar novel PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 46841 or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features The Model CL–600–2E25 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 occupants of the cabin in the event 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 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 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, and 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, and 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. E:\FR\FM\04AUR1.SGM 04AUR1 46842 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations 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. jdjones on DSK8KYBLC1PROD with RULES 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, the FAA adopted new standards for interior surfaces associated with large-surfacearea parts. Specifically, the rules require measurement of heat release and smoke emission (part 25, Appendix F, parts IV and V) for the affected parts. Heat release has been shown to have a direct correlation with post-crash fire-survival time. Materials that comply with the standards (i.e., § 25.853 entitled ‘‘Compartment interiors’’ as amended by Amendment 25–61 and Amendment 25–66) extend survival time by approximately 2 minutes over materials that do not comply. At the time these standards were written, the potential application of the requirements of heat release and smoke emission to seats was explored. The seat frame itself was not a concern because it was primarily made of aluminum and contained only small amounts of nonmetallic materials. The FAA determined that the overall effect on survivability was negligible, whether or not the food trays met the heat-release and smoke requirements. The requirements, therefore, did not address seats. The preambles to both the Notice of Proposed Rule Making (NPRM), Notice No. 85–10 (50 FR 15038, April 16, 1985), and the Final Rule at Amendment 25–61 (51 FR 26206, July 21, 1986), specifically note that seats were excluded ‘‘because the recentlyadopted standards for flammability of seat cushions will greatly inhibit involvement of the seats.’’ Subsequently, the Final Rule at Amendment 25–83 (60 FR 6615, March 6, 1995) clarified the definition of minimum panel size: It is not possible to cite a specific size that will apply in all installations; however, as a general rule, components with exposedsurface 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 VerDate Mar<15>2010 12:40 Aug 03, 2010 Jkt 220001 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 2004, the FAA examined the appropriate flammability standards for passenger seats installed on transport-category airplanes that incorporated non-traditional, large, nonmetallic panels in lieu of the traditional metal covered by fabric. The FAA reviewed this design and determined that it represented the kind and quantity of material that should be required to pass the heat-release and smokeemissions requirements. The FAA has determined that special conditions would be issued to apply the standards defined in § 25.853(d) to seats with large, non-metallic panels in their design. Applicability Because the heat-release and smokeemission testing requirements of § 25.853 are part of the type certification basis for the Model CL–600–2E25 series airplane, these special conditions are applicable to the Model CL–600–2E25 series airplane. Should Bombardier apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Seats do not have to meet these special conditions when installed in compartments that are not otherwise required to meet the test requirements of part 25, Appendix F, parts IV and V. This includes, for example, airplanes that do not have § 25.853, Amendment 25–61 or later, in their certification basis and those airplanes that do not need to comply with the requirements of § 121.312. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Conclusion This action affects only certain novel or unusual design features on Bombardier Inc. Model CL–600–2E25 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 Bombardier Inc. Model CL–600–2E25 series airplane. 1. Except as provided in special condition number 3, below, compliance with heat-release and smoke-emission testing requirements per § 25.853, and Appendix F, parts IV and V, is required for seats that incorporate nontraditional, 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 nontraditional, non-metallic panel material per seat place that does not have to comply with special condition number 1, above. A triple-seat assembly may have a total of 4.5 square feet excluded on any portion of the assembly (e.g., outboard seat place, 1 square foot; middle, 1 square foot; and inboard, 2.5 square feet). 3. Seats do not have to meet the test requirements of part 25, Appendix F, parts IV and V, when installed in compartments that are not otherwise required to meet these requirements. Examples include: E:\FR\FM\04AUR1.SGM 04AUR1 Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations [FR Doc. 2010–19072 Filed 8–3–10; 8:45 am] already noted in form DS–4076, information contained in the description block (Block 5) (exclusive of information legitimately identified as proprietary in Block 15) will be used in DDTC’s published Commodity Jurisdiction determinations list, to be available on the DDTC Web site. Also, 22 CFR 120.4(a) is amended to state that the ‘‘Commodity Jurisdiction (CJ) Determination Form’’ must be electronically submitted to DDTC. For twenty-nine (29) days after the effective date of this final rule, a request for a commodity jurisdiction determination may be submitted electronically or via a paper format. After thirty (30) days from the effective date of this final rule, electronic submission via the ‘‘Commodity Jurisdiction (CJ) Determination Form’’ (Form DS–4076) will be mandatory. Additionally, § 120.4(c) was amended to eliminate the instruction to submit seven collated sets of supporting documentation. BILLING CODE 4910–13–P Regulatory Analysis and Notices a. Airplanes with passenger capacities of 19 or less, b. Airplanes that do not have § 25.853, Amendment 25–61 or later, in their certification basis and do not need to comply with the requirements of § 121.312, and c. Airplanes exempted from § 25.853, Amendment 25–61 or later. 4. Only airplanes associated with new seat-certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Previously certificated interiors on the existing airplane fleet, and follow-on deliveries of airplanes with previously certificated interiors, are not affected. Issued in Renton, Washington, on July 27, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. Administrative Procedure Act This amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures contained in 5 U.S.C. 553 and 554. DEPARTMENT OF STATE 22 CFR Part 120 RIN 1400–AC63 [Public Notice: 7075] Regulatory Flexibility Act Amendment to the International Traffic in Arms Regulations: Commodity Jurisdiction Department of State. ACTION: Final rule. AGENCY: jdjones on DSK8KYBLC1PROD with RULES Unfunded Mandates Reform Act of 1995 The Department of State is amending the International Traffic in Arms Regulations (ITAR) to address electronic submission of a request for a commodity jurisdiction determination using ‘‘Commodity Jurisdiction (CJ) Determination Form’’ (Form DS–4076). DATES: Effective Date: This rule is effective August 4, 2010. FOR FURTHER INFORMATION CONTACT: Director Charles Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–2792 or Fax (202) 261–8199; E-mail DDTCResponseTeam@state.gov. ATTN: Regulatory Change, Part 120. SUPPLEMENTARY INFORMATION: A new form entitled ‘‘Commodity Jurisdiction (CJ) Determination Form’’ (Form DS– 4076) has been added to the listing of forms at 22 CFR 120.28(a)(8). This form was made available via the Directorate of Defense Trade Controls’ (DDTC) Web site (https://www.pmddtc.state.gov) for public use on a trial basis (as well as comment) on September 30, 2009. As SUMMARY: VerDate Mar<15>2010 12:40 Aug 03, 2010 Jkt 220001 Since this amendment involves a foreign affairs function of the United States, it does not require analysis under the Regulatory Flexibility Act. This amendment does not involve a mandate that will result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Executive Order 13175 The Department has determined that this rulemaking will not have Tribal implications, will not impose substantial direct compliance costs on Indian Tribal governments, and will not pre-empt Tribal law. Accordingly, the requirements of Section 5 of Executive Order 13175 do not apply to his rulemaking. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 46843 of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. Executive Order 12988 The Department of State has reviewed the proposed regulations in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Paperwork Reduction Act This collection was approved under OMB Control Number 1405–0163. This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 120 Arms and munitions, Classified information, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 120 is amended as follows: ■ PART 120—PURPOSE AND DEFINITIONS 1. The authority citation for part 120 continues to read as follows: ■ Authority: Secs. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 261, 112 Stat. 1920. 2. Section 120.4 is amended by revising paragraphs (a) and (c) to read as follows: ■ E:\FR\FM\04AUR1.SGM 04AUR1

Agencies

[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Rules and Regulations]
[Pages 46840-46843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19072]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: 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, 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 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;

[[Page 46841]]

facsimile (425) 227-1232; e-mail alan.sinclair@faa.gov.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of and 
opportunity for prior public comment on these special conditions is 
impracticable and would significantly delay issuance of the design 
approval and thus delivery of the affected aircraft. The substance of 
these special conditions has previously been subject to the public-
comment process and received no substantive comments. 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 February 28, 2007, Bombardier Inc., 400 Cote Vertu West, Dorval, 
Quebec, Canada, H4S 1Y9, applied for an amended type certificate for 
the Bombardier Model CL-600-2E25 airplane to be identified on Type 
Certificate Data Sheet (TCDS) No. A21EA. The Model CL-600-2E25 series 
airplane will be a swept-wing, T-tail, twin-engine, fuselage-mounted 
turbofan-powered, single-aisle, medium-sized, transport-category 
airplane.
    The applicable airplane regulations, currently approved under Title 
14, Code of Federal Regulations (14 CFR) part 25, 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 part 25, Appendix F, parts IV and V, heat-release and 
smoke-emission requirements.

Type Certification Basis

    Under provisions of 14 CFR 21.17, Bombardier must show that the 
Model CL-600-2E25 series airplane meets the applicable provisions of 
part 25, as amended by Amendments 25-1 through 25-119. If the 
Administrator finds that the applicable airworthiness regulations do 
not contain adequate or appropriate safety standards for the Model CL-
600-2E25 airplane because of a novel or unusual design feature, special 
conditions are prescribed under provisions of 14 CFR 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model CL-600-2E25 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. In addition, the 
FAA must issue a finding of regulatory adequacy pursuant to section 611 
of Public Law 92-574, the ``Noise Control Act of 1972.''
    Special conditions, as defined in 14 CFR 11.19, are issued in 
accordance with Sec.  11.38 and become part of the type certification 
basis in accordance with Sec.  21.17(a)(2).
    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 or similar 
novel or unusual design feature, the special conditions would also 
apply to the other model under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    The Model CL-600-2E25 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 
occupants of the cabin in the event 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 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 
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, and 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, and 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.

[[Page 46842]]

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, the FAA adopted new standards 
for interior surfaces associated with large-surface-area parts. 
Specifically, the rules require measurement of heat release and smoke 
emission (part 25, Appendix F, parts IV and V) for the affected parts. 
Heat release has been shown to have a direct correlation with post-
crash fire-survival time. Materials that comply with the standards 
(i.e., Sec.  25.853 entitled ``Compartment interiors'' as amended by 
Amendment 25-61 and Amendment 25-66) extend survival time by 
approximately 2 minutes over materials that do not comply.
    At the time these standards were written, the potential application 
of the requirements of heat release and smoke emission to seats was 
explored. The seat frame itself was not a concern because it was 
primarily made of aluminum and contained only small amounts of non-
metallic materials. The FAA determined that the overall effect on 
survivability was negligible, whether or not the food trays met the 
heat-release and smoke requirements. The requirements, therefore, did 
not address seats. The preambles to both the Notice of Proposed Rule 
Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985), and the 
Final Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), 
specifically note that seats were excluded ``because the recently-
adopted standards for flammability of seat cushions will greatly 
inhibit involvement of the seats.''
    Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 
6, 1995) clarified the definition of minimum panel size:

    It is not possible to cite a specific size that will apply in 
all installations; however, as a general rule, components with 
exposed-surface areas of one square foot or less may be considered 
small enough that they do not have to meet the new standards. 
Components with exposed-surface areas greater than two square feet 
may be considered large enough that they do have to meet the new 
standards. Those with exposed-surface areas greater than one square 
foot, but less than two square feet, must be considered in 
conjunction with the areas of the cabin in which they are installed 
before a determination could be made.

    In the late 1990s, the FAA issued Policy Memorandum 97-112-39, 
``Guidance for Flammability Testing of Seat/Console Installations,'' 
October 17, 1997 (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 2004, the FAA examined the appropriate flammability 
standards for passenger seats installed on transport-category airplanes 
that incorporated non-traditional, large, non-metallic panels in lieu 
of the traditional metal covered by fabric. The FAA 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. The FAA has 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

    Because the heat-release and smoke-emission testing requirements of 
Sec.  25.853 are part of the type certification basis for the Model CL-
600-2E25 series airplane, these special conditions are applicable to 
the Model CL-600-2E25 series airplane. Should Bombardier apply at a 
later date for a change to the type certificate to include another 
model incorporating the same novel or unusual design feature, the 
special conditions would apply to that model as well.
    Seats do not have to meet these special conditions when installed 
in compartments that are not otherwise required to meet the test 
requirements of part 25, Appendix F, parts IV and V. This includes, for 
example, airplanes that do not have Sec.  25.853, Amendment 25-61 or 
later, in their certification basis and those airplanes that do not 
need to comply with the requirements of Sec.  121.312.

Conclusion

    This action affects only certain novel or unusual design features 
on Bombardier Inc. Model CL-600-2E25 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.


0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Bombardier Inc. Model CL-600-2E25 
series airplane.
    1. Except as provided in special condition number 3, below, 
compliance with heat-release and smoke-emission testing requirements 
per Sec.  25.853, and Appendix F, parts IV and V, 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 number 1, above. A 
triple-seat assembly may have a total of 4.5 square feet excluded on 
any portion of the assembly (e.g., outboard seat place, 1 square foot; 
middle, 1 square foot; and inboard, 2.5 square feet).
    3. Seats do not have to meet the test requirements of part 25, 
Appendix F, parts IV and V, when installed in compartments that are not 
otherwise required to meet these requirements. Examples include:

[[Page 46843]]

    a. Airplanes with passenger capacities of 19 or less,
    b. Airplanes that do not have Sec.  25.853, Amendment 25-61 or 
later, in their certification basis and do not need to comply with the 
requirements of Sec.  121.312, and
    c. Airplanes exempted from Sec.  25.853, Amendment 25-61 or later.
    4. Only airplanes associated with new seat-certification programs 
approved after the effective date of these special conditions will be 
affected by the requirements in these special conditions. Previously 
certificated interiors on the existing airplane fleet, and follow-on 
deliveries of airplanes with previously certificated interiors, are not 
affected.

    Issued in Renton, Washington, on July 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-19072 Filed 8-3-10; 8:45 am]
BILLING CODE 4910-13-P

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