Special Conditions: Embraer Model ERJ 170-100 SU Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels, 52614-52616 [2010-21449]
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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations
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[FR Doc. 2010–21324 Filed 8–26–10; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM433; Special Conditions No.
25–411–SC]
Special Conditions: Embraer Model
ERJ 170–100 SU Series Airplanes;
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 Embraer Model ERJ 170–
100 SU series airplanes. These
airplanes, as modified by C&D Zodiac,
Inc., 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
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
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14:41 Aug 26, 2010
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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 August 18, 2010.
We must receive your comments by
September 27, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM433, 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.
NM433. 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:
Jayson Claar, FAA, ANM–115,
Transport Airplane Directorate, Aircraft
Certification Service, 16501 Lind
Avenue, SW., Renton, WA 98057–3356;
telephone (425) 227–2194; facsimile
(425) 227–1232.
SUPPLEMENTARY INFORMATION:
The FAA has determined that notice
of, and opportunity for prior public
comment on, these special conditions
are impracticable because these
procedures would significantly delay
issuance of the design approval and
thus delivery of the affected aircraft. In
addition, the substance of these special
conditions has been subject to the
public-comment process in several prior
instances with no substantive comments
received. The FAA therefore finds that
good cause exists for making these
special conditions effective upon
issuance.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
about these special conditions. You can
inspect the docket before and after the
comment closing date. If you wish to
review the docket in person, go to the
address in the ADDRESSES section of this
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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 June 16, 2010, C&D Zodiac, Inc.,
5701 Bolsa Ave,, Huntington Beach,
California 92647, applied for a
Supplemental Type Certificate (STC) for
an interior modification to include seats
with large, non-metallic panels in the
cabin interior in the Embraer Model ERJ
170–100 SU series airplanes. The Model
ERJ 170–100 SU, which is currently
approved under Type Certificate No.
A56NM, is a 76 passenger, twin-engine
regional jet with a maximum takeoff
weight of 82,011 pounds.
The applicable airplane regulations,
currently approved under Title 14, Code
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.
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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations
Type Certification Basis
Under the provisions of § 21.101, C&D
Zodiac, Inc., must show that the Model
ERJ 170–100 SU, as changed, continues
to meet the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A56NM. 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. A56NM are as follows:
14 CFR part 25, as amended by
Amendments 25–1 through 25–101.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Model ERJ–170–100 SU, 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 Model ERJ 170–100 SU
series airplanes must comply with the
fuel vent and exhaust emission
requirements of 14 CFR part 34 and the
noise certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.101.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for an STC to modify any other model
included on the same type certificate to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Novel or Unusual Design Features
The Model ERJ 170–100 SU series
airplanes will incorporate the following
novel or unusual design features:
These models offer interior
arrangements that include passenger
seats that incorporate non-traditional,
large, non-metallic panels in lieu of the
traditional metal frame covered by
fabric. The flammability properties of
these panels have been shown to
significantly affect the survivability of
occupants of the cabin in the 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
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14:41 Aug 26, 2010
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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.
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 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 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., § 25.853, titled
‘‘Compartment Interiors,’’ as amended by
Amendments 25–61 and 25–66)
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52615
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
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
a 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 Model
ERJ 170–100 SU series airplanes.
Should C&D Zodiac, Inc., apply at a
later date for an STC to modify any
other model included on Type
Certificate No. A56NM to incorporate
the same novel or unusual design
feature, these special conditions would
apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on Embraer
Model ERJ 170–100 SU series 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.
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
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52616
Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations
prior public comment would result in a
significant change from the substance
contained herein. Therefore, because a
delay would significantly affect the
certification of the airplane, which is
imminent, the FAA has determined that
prior public notice and comment are
unnecessary and impracticable, 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.
Issued in Renton, Washington, on August
18, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplanes
Directorate, Aircraft Certification Service.
List of Subjects in 14 CFR Part 25
Third Party Testing for Certain
Children’s Products; Youth All-Terrain
Vehicles: Requirements for
Accreditation of Third Party
Conformity Assessment Bodies
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 supplemental type
certification basis for Embraer Model
ERJ 170–100 SU series airplanes
modified by C&D Zodiac, Inc.
1. Except as provided in special
condition number 3, below, compliance
with heat-release and smoke-emission
testing requirements of § 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:
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.
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■
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[FR Doc. 2010–21449 Filed 8–26–10; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. CPSC–2010–0090]
16 CFR Part 1420
Consumer Product Safety
Commission.
ACTION: Notice of requirements.
AGENCY:
The Consumer Product Safety
Commission (CPSC or Commission) is
issuing a notice of requirements that
provides the criteria and process for
Commission acceptance of accreditation
of third party conformity assessment
bodies for testing of all-terrain vehicles
(ATVs) designed or intended primarily
for children 12 years of age or younger
pursuant to 16 CFR part 1420, the CPSC
regulations under the Consumer Product
Safety Act (CPSA) relating to ATVs. The
Commission is issuing this notice of
requirements pursuant to section
14(a)(3)(B)(vi) of the CPSA (15 U.S.C.
2063(a)(3)(B)(vi)).
SUMMARY:
Effective Date: The requirements
for accreditation of third party
conformity assessment bodies to assess
conformity with 16 CFR part 1420 are
effective August 27, 2010.1
Comments in response to this notice
of requirements should be submitted by
September 27, 2010. Comments on this
notice should be captioned ‘‘Third Party
Testing for Certain Children’s Products;
All-Terrain Vehicles: Requirements for
Accreditation of Third Party Conformity
Assessment Bodies.’’
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2010–
00_, by any of the following methods:
Electronic Submissions: Submit
electronic comments in the following
way:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
DATES:
1 The Commission voted 4–0–1 to publish this
notice of requirements. Chairman Inez M.
Tenenbaum issued a statement, and the statement
can be found at https://www.cpsc.gov/pr/
statements.html.
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Fmt 4700
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To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (e-mail) except through
https://www.regulations.gov.
Written Submissions: Submit written
submissions in the following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions)
preferably in five copies, to: Office of the
Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330
East West Highway, Bethesda, Maryland
20814; telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
(such as a Social Security Number)
electronically; if furnished at all, such
information should be submitted in
writing.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Richard McCallion, Program Area Team
Leader, Office of Hazard Identification
and Reduction, U.S. Consumer Product
Safety Commission, 10901 Darnestown
Road, Gaithersburg, MD 20878; e-mail
rmccallion@cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 14(a)(3)(B)(vi) of the CPSA, as
added by section 102(a)(2) of the
Consumer Product Safety Improvement
Act of 2008 (CPSIA), Public Law 110–
314, directs the CPSC to establish and
publish a notice of requirements for
accreditation of third party conformity
assessment bodies to assess children’s
products for conformity with ‘‘other
children’s product safety rules.’’ Section
14(f)(1) of the CPSA defines ‘‘children’s
product safety rule’’ as ‘‘a consumer
product safety rule under [the CPSA] or
similar rule, regulation, standard, or ban
under any other Act enforced by the
Commission, including a rule declaring
a consumer product to be a banned
hazardous product or substance.’’ Under
section 14(a)(3)(A) of the CPSA, each
manufacturer (including an importer) or
private labeler of products subject to
those regulations must have products
that are manufactured more than 90
days after the establishment and Federal
Register publication of a notice of the
requirements for accreditation tested by
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]]>Agencies
[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Rules and Regulations]
[Pages 52614-52616]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21449]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM433; Special Conditions No. 25-411-SC]
Special Conditions: Embraer Model ERJ 170-100 SU Series
Airplanes; 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 Model ERJ
170-100 SU series airplanes. These airplanes, as modified by C&D
Zodiac, 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.
DATES: The effective date of these special conditions is August 18,
2010. We must receive your comments by September 27, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM433, 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. NM433. 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: Jayson Claar, FAA, ANM-115, Transport
Airplane Directorate, Aircraft Certification Service, 16501 Lind
Avenue, SW., Renton, WA 98057-3356; telephone (425) 227-2194; facsimile
(425) 227-1232.
SUPPLEMENTARY INFORMATION:
The FAA has determined that notice of, and opportunity for prior
public comment on, these special conditions are impracticable because
these procedures would significantly delay issuance of the design
approval and thus delivery of the affected aircraft. In addition, the
substance of these special conditions has been subject to the public-
comment process in several prior instances with no substantive comments
received. The FAA therefore finds that good cause exists for making
these special conditions effective upon issuance.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
about these special conditions. You can inspect the docket before and
after the comment closing date. If you wish to review the docket in
person, go to the address in the ADDRESSES section of this preamble
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
We will consider all comments we receive by the closing date for
comments. We will consider comments filed late if it is possible to do
so without incurring expense or delay. We may change these special
conditions based on the comments we receive.
If you want us to 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 June 16, 2010, C&D Zodiac, Inc., 5701 Bolsa Ave,, Huntington
Beach, California 92647, applied for a Supplemental Type Certificate
(STC) for an interior modification to include seats with large, non-
metallic panels in the cabin interior in the Embraer Model ERJ 170-100
SU series airplanes. The Model ERJ 170-100 SU, which is currently
approved under Type Certificate No. A56NM, is a 76 passenger, twin-
engine regional jet with a maximum takeoff weight of 82,011 pounds.
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.
[[Page 52615]]
Type Certification Basis
Under the provisions of Sec. 21.101, C&D Zodiac, Inc., must show
that the Model ERJ 170-100 SU, as changed, continues to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate No. A56NM. 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. A56NM are as follows: 14 CFR part 25, as amended by
Amendments 25-1 through 25-101.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model ERJ-170-100 SU, because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model ERJ 170-100 SU series airplanes must comply with
the fuel vent and exhaust emission requirements of 14 CFR part 34 and
the noise certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type-
certification basis under Sec. 21.101.
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for an STC to modify any
other model included on the same type certificate to incorporate the
same novel or unusual design feature, the special conditions would also
apply to the other model.
Novel or Unusual Design Features
The Model ERJ 170-100 SU series airplanes will incorporate the
following novel or unusual design features:
These models offer interior arrangements that include passenger
seats that incorporate non-traditional, large, non-metallic panels in
lieu of the traditional metal frame covered by fabric. The flammability
properties of these panels have been shown to significantly affect the
survivability of occupants of the cabin in the 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.
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 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 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 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 a 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
Model ERJ 170-100 SU series airplanes. Should C&D Zodiac, Inc., apply
at a later date for an STC to modify any other model included on Type
Certificate No. A56NM to incorporate the same novel or unusual design
feature, these special conditions would apply to that model as well.
Conclusion
This action affects only certain novel or unusual design features
on Embraer Model ERJ 170-100 SU series 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.
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
[[Page 52616]]
prior public comment would result in a significant change from the
substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, 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
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the supplemental type certification basis for Embraer Model ERJ 170-100
SU series airplanes modified by C&D Zodiac, Inc.
1. Except as provided in special condition number 3, below,
compliance with heat-release and smoke-emission testing requirements of
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:
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.
Issued in Renton, Washington, on August 18, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplanes Directorate, Aircraft Certification
Service.
[FR Doc. 2010-21449 Filed 8-26-10; 8:45 am]
BILLING CODE 4910-13-P
