Special Conditions: Embraer S.A.; Model EMB 505; Single-Place Side-Facing Lavatory Seat Dynamic Test Requirements, 55230-55232 [2011-22880]
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
after a copy has been served upon all
parties.
(f) The party that requests the DRO to
issue a subpoena or order under this
section shall be responsible for the
payment of fees and mileage, as
required by 49 U.S.C. 46104(d), for
witnesses, officers who serve the order,
and the officer before whom a
deposition is taken.
(g) Subpoenas and orders issued
under this section may be enforced in a
judicial proceeding under 49 U.S.C.
46104(b).
§ 17.55 Standing orders of the ODRA
Director.
The Director may issue such Standing
Orders as necessary for the orderly
conduct of business before the ODRA.
Subpart G—Pre-Disputes
§ 17.57 Dispute resolution process for PreDisputes.
(a) All potential disputes arising
under contracts or solicitations with the
FAA may be resolved with the consent
of the parties to the dispute under this
subpart.
(b) Pre-disputes shall be filed with the
ODRA pursuant to § 17.59.
(c) The time limitations for the filing
of Protests and Contract Disputes
established in §§ 17.15(a) and 17.27(c)
will not be extended by efforts to
resolve the dispute under this subpart.
jlentini on DSK4TPTVN1PROD with RULES
§ 17.59
Filing a Pre-Dispute.
(a) A Pre-dispute must be in writing,
affirmatively state that it is a Pre-dispute
pursuant to this subpart, and shall
contain:
(1) The party’s name, address,
telephone and Fax numbers and the
name, address, telephone and Fax
numbers of the contractor’s legal
representative(s) (if any);
(2) The contract or solicitation
number and the name of the Contracting
Officer;
(3) A chronological statement of the
facts and of the legal grounds for the
party’s positions regarding the dispute
citing to relevant contract or solicitation
provisions and documents and attaching
copies of those provisions and
documents; and
(4) The signature of a duly authorized
legal representative of the initiating
party.
(b) Pre-disputes shall be filed at the
following address: ODRA, AGC–70,
Federal Aviation Administration, 800
Independence Avenue, SW., Room 323,
Washington, DC 20591; Telephone:
(202) 267–3290, Fax: (202) 267–3720.
(c) Upon the filing of a Pre-dispute
with the ODRA, the ODRA will contact
the opposing party to offer its services
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pursuant to § 17.57. If the opposing
party agrees, the ODRA will provide
Pre-dispute services. If the opposing
party does not agree, the ODRA Predispute file will be closed and no
service will be provided.
§ 17.61 Use of alternative dispute
resolution.
(a) Only non-binding, voluntary ADR
will be used to attempt to resolve a Predispute pursuant to § 17.37.
(b) ADR conducted under this subpart
is subject to the confidentiality
requirements of § 17.39.
Appendix A to Part 17—Alternative
Dispute Resolution (ADR)
A. The FAA dispute resolution procedures
encourage the parties to protests and contract
disputes to use ADR as the primary means to
resolve protests and contract disputes,
pursuant to the Administrative Dispute
Resolution Act of 1996, Public Law 104–320,
5 U.S.C. 570–579, and Department of
Transportation and FAA policies to utilize
ADR to the maximum extent practicable.
Under the procedures presented in this part,
the ODRA encourages parties to consider
ADR techniques such as case evaluation,
mediation, or arbitration.
B. ADR encompasses a number of
processes and techniques for resolving
protests or contract disputes. The most
commonly used types include:
(1) Mediation. The neutral or compensated
neutral ascertains the needs and interests of
both parties and facilitates discussions
between or among the parties and an
amicable resolution of their differences,
seeking approaches to bridge the gaps
between the parties’’ respective positions.
The neutral or compensated neutral can meet
with the parties separately, conduct joint
meetings with the parties’’ representatives, or
employ both methods in appropriate cases.
(2) Neutral Evaluation. At any stage during
the ADR process, as the parties may agree,
the neutral or compensated neutral will
provide a candid assessment and opinion of
the strengths and weaknesses of the parties’’
positions as to the facts and law, so as to
facilitate further discussion and resolution.
(3) Binding Arbitration. The ODRA, after
consultation with the United States
Department of Justice in accordance with the
provisions of the Administrative Disputes
Resolution Act offers true binding arbitration
in cases within its jurisdiction. The ODRA’s
Guidance for the Use of Binding Arbitration
may be found on its website at: https://
www.faa.gov/go/odra.
Issued in Washington, DC, on July 25,
2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011–22842 Filed 9–6–11; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE315; Special Conditions No.
23–254–SC]
Special Conditions: Embraer S.A.;
Model EMB 505; Single-Place SideFacing Lavatory Seat Dynamic Test
Requirements
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Embraer S.A., EMB 505
airplane. This airplane will have a novel
or unusual design feature(s) associated
with the installation of a single-place
side-facing seat. The applicable
airworthiness regulations do not
provide adequate or appropriate safety
standards for this design feature. In
order to provide a level of safety that is
equivalent to that afforded to occupants
of forward and aft facing seating,
additional airworthiness standards, in
the form of special conditions, are
necessary.
SUMMARY:
The effective date of these
special conditions is August 31, 2011.
Comments must be received on or
before October 7, 2011.
ADDRESSES: Comments on these special
conditions may be mailed in duplicate
to: Federal Aviation Administration
(FAA), Regional Counsel, ACE–7,
Attention: Rules Docket, Docket No.
CE315, 901 Locust, Room 506, Kansas
City, Missouri 64106, or delivered in
duplicate to the Regional Counsel at the
above address. Comments must be
marked: CE315. Comments may be
inspected in the Rules Docket
weekdays, except Federal holidays,
between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr.
Bob Stegeman, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Kansas City,
Missouri, 816–329–4140, fax 816–329–
4090, e-mail Robert.Stegeman@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
hereon are impracticable because these
procedures would significantly delay
issuance of the approval design 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
instance with no substantive comments
DATES:
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
received. The FAA therefore finds that
good cause exists for making these
special conditions effective upon
issuance.
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Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning 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 on or before 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 preaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
Background
On October 14, 2010, Embraer S.A.
applied for a design change to Type
Certificate No. A60CE for installation of
a side-facing belted lavatory in the
EMB–505 airplane. The belted lavatory
will be used as a passenger seat during
takeoff and landing; therefore, comply
with the provisions of §§ 23.562 and
23.785 (in addition to the certification
basis as established in type certificate
A60CE) and any additional
requirements the FAA determines are
applicable. In this case, the approval of
a side-facing seat to these provisions is
considered new and novel and as such
will require special conditions and
specific methods of compliance to
certificate.
14 CFR part 23 was amended August
8, 1988, by Amendment 23–36, to revise
the emergency landing conditions that
must be considered in the design of the
airplane. Amendment 23–36 revised the
static load conditions in § 23.561, and
added a new § 23.562 that required
dynamic testing for all seats approved
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for occupancy during takeoff and
landing. The intent of Amendment 23–
36 is to provide an improved level of
safety for occupants on part 23
airplanes. Because most seating is
forward-facing in part 23 airplanes, the
pass/fail criteria developed in
Amendment 23–36 focused primarily on
these seats. Since the regulations do not
address side-facing seats, these criteria
should be documented in special
conditions.
The FAA decision to review
compliance with these regulations stems
from the fact that the current regulations
do not provide adequate and
appropriate standards for the type
certification of this type of seat.
These requirements are substantially
similar to other single-place side-facing
seat installations approved for use on
several different part 25 aircraft.
Type Certification Basis
Under the provisions of § 21.101,
Embraer S.A. must show that the model
EMB 505 meets the applicable
provisions of the regulations
incorporated by reference in Type
Certificate No. A60CE or the applicable
regulations in effect on the date of
application for the change to the
Embraer model 505 type certificate. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’
The following model is covered by
this special condition:
Embraer S.A. EMB 505:
For the model listed above, the
certification basis also includes all
exemptions, if any; equivalent level of
safety findings, if any; and special
conditions not relevant to the special
conditions adopted by this rulemaking
action.
If the Administrator determines that
the applicable airworthiness regulations
(i.e., part 23 as amended) do not contain
adequate or appropriate safety standards
for the Embraer S.A. model EMB 505
with a side-facing seat as installed on
this Embraer S.A. Aircraft model
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
The FAA issues special conditions, as
appropriate, as defined in § 11.19, in
accordance with § 11.38, and become
part of the type certification basis in
accordance with § 21.101.
Novel or Unusual Design Features
The Embraer S.A., model EMB 505,
will incorporate the following novel or
unusual design feature:
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55231
A side-facing lavatory seat intended
for taxi/takeoff and landing.
Discussion
The seat is to incorporate design
features that reduce the potential for
injury in the event of an accident. In a
severe impact, the occupant will be
restrained by a 2-point seatbelt and bear
on an adjacent padded wall. In addition
to the design features intended to
minimize occupant injury during an
accident sequence, the installation will
also require operational procedures that
will facilitate egress after an accident,
including leaving the lavatory door
locked open during taxi, takeoff and
landing. The adjacent forward wall/
bulkhead interior structure will have
padding, which will provide some
protection to the head of the occupant.
The Code of Federal Regulations
states performance criteria for forwardand aft-facing seats and restraints in an
objective manner. However, none of
these criteria are adequate to address the
specific issues raised concerning sidefacing seats. Therefore, the FAA has
determined that, in addition to the
requirements of parts and 23, special
conditions are needed to address the
installation of this seat installation/
restraint.
Accordingly, these special conditions
are for the Embraer S.A., model EMB
505, side-facing seat location. Other
conditions may be developed, as
needed, based on further FAA review
and discussions with the manufacturer
and civil aviation authorities.
Applicability
As discussed above, these special
conditions are applicable to the EMB
505. Should Embraer S.A. apply at a
later date for a change to the type
certificate to include another model
incorporating the same novel or unusual
design feature, the special conditions
would apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplane. It is not a rule of general
applicability, and it affects only the
applicant who applied to the FAA for
approval of these features on the
airplane.
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, because a
delay would significantly affect the
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Rules and Regulations
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 23
Aircraft, Aviation safety, Signs and
symbols.
Citation
The authority citation for these
special conditions is as follows:
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Authority: 49 U.S.C. 106(g), 40113 and
44701; 14 CFR 21.16 and 21.101; and 14 CFR
11.38 and 11.19.
The Special Conditions
The minimum acceptable standards
for dynamic seat certification of the
belted lavatory seat are as follows:
(a) Existing Criteria. As referenced by
§ 23.785(b), all injury protection criteria
of §§ 23.562(c)(1) through (c)(7) apply to
the occupants of the side-facing seats.
Head injury criteria (HIC) assessments
are only required for head contact with
the seat and/or adjacent structures.
(b) Body-to-wall/furnishing contact.
The seat must be installed aft of a
structure such as an interior wall or
furnishing that will contact the pelvis,
upper arm, chest, or head of an
occupant seated next to the structure. A
conservative representation of the
structure and its stiffness must be
included in the tests. It is required that
the contact surface of this structure
must be covered with at least two inches
of energy absorbing protective padding
(foam or equivalent), such as Ensolite.
(c) Thoracic Trauma. Testing with a
Side Impact Dummy (SID), as defined
by 49 CFR part 572, Subpart F, or its
equivalent, must be performed in order
to establish Thoracic Trauma Index
(TTI) injury criteria. TTI acquired with
the SID must be less than 85, as defined
in 49 CFR part 572, Subpart F. SID TTI
data must be processed as defined in
Federal Motor Vehicle Safety Standard
(FMVSS) Part 571.214, section S6.13.5.
Rational analysis, comparing an
installation with another installation
where TTI data were acquired and
found acceptable, may also be viable.
(d) Pelvis. Pelvic lateral acceleration
must not exceed 130g. Pelvic
acceleration data must be processed as
defined in FMVSS Part 571.214, section
S6.13.5.
(e) Shoulder Strap Loads. Where
upper torso straps (shoulder straps) are
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used for occupants, tension loads in
individual straps must not exceed 1,750
pounds. If dual straps are used for
restraining the upper torso, the total
strap tension loads must not exceed
2,000 pounds.
(f) Compression Loads. The
compression load measured between the
pelvis and the lumbar spine of the ATD
may not exceed 1,500 pounds.
(g) Emergency Evacuation. When
occupied, the lavatory door must be
latched open for takeoff and landing and
must remain latched under the
§ 23.561(b) loads. The airplane
configuration must meet the emergency
evaluation requirements of its
certification basis with the seat
occupied.
(h) Lavatory Door Placard. A placard
specifying the lavatory door must be
latched open for takeoff and landing
when occupied must be displayed on
the outside of the door.
(i) Test Requirements in § 23.562
dynamic loads. The tests in § 23.562(a),
(b) and (c) must be conducted on the
lavatory seat. Floor deformation is
required except for a seat that is
cantilevered to the bulkhead.
The following are the agreed to
methods of compliance and testing
requirements:
DEPARTMENT OF TRANSPORTATION
General Test Guidelines
FOR FURTHER INFORMATION CONTACT:
(a) One longitudinal test with the SID
ATD or its equivalent, undeformed
floor, no yaw, and with all lateral
structural supports (armrests/walls) will
be accomplished.
—Pass/fail injury assessments: TTI and
pelvic acceleration.
(b) One longitudinal test with the
Hybrid II ATD, deformed floor, with 10
degrees yaw, and with all lateral
structural supports (armrests/walls) will
be accomplished.
—Pass/fail injury assessments: HIC and
upper torso restraint load, restraint
system retention and pelvic
acceleration.
(c) Vertical (15 G’s) test is to be
conducted with modified Hybrid II
ATDs with existing pass/fail criteria.
(d) The ATD can be tethered for the
floor deformation test.
(e) The seatbelt is not required to have
a TSO Authorization but will need to
comply with the TSO–C22g Minimum
Performance Standards (MPS).
Issued in Kansas City, Missouri, on August
31, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2011–22880 Filed 9–6–11; 8:45 am]
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Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–0402; Airspace
Docket No. 11–ASO–18]
Establishment of Class E Airspace;
Copperhill, TN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E Airspace at Copperhill, TN, to
accommodate the new Area Navigation
(RNAV) Global Positioning System
(GPS) Standard Instrument Approach
Procedures serving Martin Campbell
Field Airport. This action enhances the
safety and airspace management of
Instrument Flight Rules (IFR) operations
within the National Airspace System.
DATES: Effective 0901 UTC, October 20,
2011. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
SUMMARY:
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
History
On June 17, 2011, the FAA published
in the Federal Register a notice of
proposed rulemaking to establish Class
E airspace at Copperhill, TN (76 FR
35370) Docket No. FAA–2011–0402.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received. Class E airspace
designations are published in paragraph
6005 of FAA Order 7400.9U dated
August 18, 2010, and effective
September 15, 2010, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes the Class E airspace
extending upward from 700 feet above
the surface at Copperhill, TN to provide
the controlled airspace required to
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]]>Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55230-55232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22880]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE315; Special Conditions No. 23-254-SC]
Special Conditions: Embraer S.A.; Model EMB 505; Single-Place
Side-Facing Lavatory Seat Dynamic Test Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer S.A., EMB
505 airplane. This airplane will have a novel or unusual design
feature(s) associated with the installation of a single-place side-
facing seat. The applicable airworthiness regulations do not provide
adequate or appropriate safety standards for this design feature. In
order to provide a level of safety that is equivalent to that afforded
to occupants of forward and aft facing seating, additional
airworthiness standards, in the form of special conditions, are
necessary.
DATES: The effective date of these special conditions is August 31,
2011. Comments must be received on or before October 7, 2011.
ADDRESSES: Comments on these special conditions may be mailed in
duplicate to: Federal Aviation Administration (FAA), Regional Counsel,
ACE-7, Attention: Rules Docket, Docket No. CE315, 901 Locust, Room 506,
Kansas City, Missouri 64106, or delivered in duplicate to the Regional
Counsel at the above address. Comments must be marked: CE315. Comments
may be inspected in the Rules Docket weekdays, except Federal holidays,
between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Stegeman, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4140,
fax 816-329-4090, e-mail Robert.Stegeman@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice and
opportunity for prior public comment hereon are impracticable because
these procedures would significantly delay issuance of the approval
design 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 instance with no substantive comments
[[Page 55231]]
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
concerning 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 on or before 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 pre-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 October 14, 2010, Embraer S.A. applied for a design change to
Type Certificate No. A60CE for installation of a side-facing belted
lavatory in the EMB-505 airplane. The belted lavatory will be used as a
passenger seat during takeoff and landing; therefore, comply with the
provisions of Sec. Sec. 23.562 and 23.785 (in addition to the
certification basis as established in type certificate A60CE) and any
additional requirements the FAA determines are applicable. In this
case, the approval of a side-facing seat to these provisions is
considered new and novel and as such will require special conditions
and specific methods of compliance to certificate.
14 CFR part 23 was amended August 8, 1988, by Amendment 23-36, to
revise the emergency landing conditions that must be considered in the
design of the airplane. Amendment 23-36 revised the static load
conditions in Sec. 23.561, and added a new Sec. 23.562 that required
dynamic testing for all seats approved for occupancy during takeoff and
landing. The intent of Amendment 23-36 is to provide an improved level
of safety for occupants on part 23 airplanes. Because most seating is
forward-facing in part 23 airplanes, the pass/fail criteria developed
in Amendment 23-36 focused primarily on these seats. Since the
regulations do not address side-facing seats, these criteria should be
documented in special conditions.
The FAA decision to review compliance with these regulations stems
from the fact that the current regulations do not provide adequate and
appropriate standards for the type certification of this type of seat.
These requirements are substantially similar to other single-place
side-facing seat installations approved for use on several different
part 25 aircraft.
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer S.A. must show that
the model EMB 505 meets the applicable provisions of the regulations
incorporated by reference in Type Certificate No. A60CE or the
applicable regulations in effect on the date of application for the
change to the Embraer model 505 type certificate. The regulations
incorporated by reference in the type certificate are commonly referred
to as the ``original type certification basis.''
The following model is covered by this special condition:
Embraer S.A. EMB 505:
For the model listed above, the certification basis also includes
all exemptions, if any; equivalent level of safety findings, if any;
and special conditions not relevant to the special conditions adopted
by this rulemaking action.
If the Administrator determines that the applicable airworthiness
regulations (i.e., part 23 as amended) do not contain adequate or
appropriate safety standards for the Embraer S.A. model EMB 505 with a
side-facing seat as installed on this Embraer S.A. Aircraft model
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
The FAA issues special conditions, as appropriate, as defined in
Sec. 11.19, in accordance with Sec. 11.38, and become part of the
type certification basis in accordance with Sec. 21.101.
Novel or Unusual Design Features
The Embraer S.A., model EMB 505, will incorporate the following
novel or unusual design feature:
A side-facing lavatory seat intended for taxi/takeoff and landing.
Discussion
The seat is to incorporate design features that reduce the
potential for injury in the event of an accident. In a severe impact,
the occupant will be restrained by a 2-point seatbelt and bear on an
adjacent padded wall. In addition to the design features intended to
minimize occupant injury during an accident sequence, the installation
will also require operational procedures that will facilitate egress
after an accident, including leaving the lavatory door locked open
during taxi, takeoff and landing. The adjacent forward wall/bulkhead
interior structure will have padding, which will provide some
protection to the head of the occupant.
The Code of Federal Regulations states performance criteria for
forward- and aft-facing seats and restraints in an objective manner.
However, none of these criteria are adequate to address the specific
issues raised concerning side-facing seats. Therefore, the FAA has
determined that, in addition to the requirements of parts and 23,
special conditions are needed to address the installation of this seat
installation/restraint.
Accordingly, these special conditions are for the Embraer S.A.,
model EMB 505, side-facing seat location. Other conditions may be
developed, as needed, based on further FAA review and discussions with
the manufacturer and civil aviation authorities.
Applicability
As discussed above, these special conditions are applicable to the
EMB 505. Should Embraer S.A. apply at a later date for a change to the
type certificate to include another model incorporating the same novel
or unusual design feature, the special conditions would apply to that
model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability,
and it affects only the applicant who applied to the FAA for approval
of these features on the airplane.
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, because a delay would
significantly affect the
[[Page 55232]]
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 23
Aircraft, Aviation safety, Signs and symbols.
Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.101; and 14 CFR 11.38 and 11.19.
The Special Conditions
The minimum acceptable standards for dynamic seat certification of
the belted lavatory seat are as follows:
(a) Existing Criteria. As referenced by Sec. 23.785(b), all injury
protection criteria of Sec. Sec. 23.562(c)(1) through (c)(7) apply to
the occupants of the side-facing seats. Head injury criteria (HIC)
assessments are only required for head contact with the seat and/or
adjacent structures.
(b) Body-to-wall/furnishing contact. The seat must be installed aft
of a structure such as an interior wall or furnishing that will contact
the pelvis, upper arm, chest, or head of an occupant seated next to the
structure. A conservative representation of the structure and its
stiffness must be included in the tests. It is required that the
contact surface of this structure must be covered with at least two
inches of energy absorbing protective padding (foam or equivalent),
such as Ensolite.
(c) Thoracic Trauma. Testing with a Side Impact Dummy (SID), as
defined by 49 CFR part 572, Subpart F, or its equivalent, must be
performed in order to establish Thoracic Trauma Index (TTI) injury
criteria. TTI acquired with the SID must be less than 85, as defined in
49 CFR part 572, Subpart F. SID TTI data must be processed as defined
in Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section
S6.13.5. Rational analysis, comparing an installation with another
installation where TTI data were acquired and found acceptable, may
also be viable.
(d) Pelvis. Pelvic lateral acceleration must not exceed 130g.
Pelvic acceleration data must be processed as defined in FMVSS Part
571.214, section S6.13.5.
(e) Shoulder Strap Loads. Where upper torso straps (shoulder
straps) are used for occupants, tension loads in individual straps must
not exceed 1,750 pounds. If dual straps are used for restraining the
upper torso, the total strap tension loads must not exceed 2,000
pounds.
(f) Compression Loads. The compression load measured between the
pelvis and the lumbar spine of the ATD may not exceed 1,500 pounds.
(g) Emergency Evacuation. When occupied, the lavatory door must be
latched open for takeoff and landing and must remain latched under the
Sec. 23.561(b) loads. The airplane configuration must meet the
emergency evaluation requirements of its certification basis with the
seat occupied.
(h) Lavatory Door Placard. A placard specifying the lavatory door
must be latched open for takeoff and landing when occupied must be
displayed on the outside of the door.
(i) Test Requirements in Sec. 23.562 dynamic loads. The tests in
Sec. 23.562(a), (b) and (c) must be conducted on the lavatory seat.
Floor deformation is required except for a seat that is cantilevered to
the bulkhead.
The following are the agreed to methods of compliance and testing
requirements:
General Test Guidelines
(a) One longitudinal test with the SID ATD or its equivalent,
undeformed floor, no yaw, and with all lateral structural supports
(armrests/walls) will be accomplished.
--Pass/fail injury assessments: TTI and pelvic acceleration.
(b) One longitudinal test with the Hybrid II ATD, deformed floor,
with 10 degrees yaw, and with all lateral structural supports
(armrests/walls) will be accomplished.
--Pass/fail injury assessments: HIC and upper torso restraint load,
restraint system retention and pelvic acceleration.
(c) Vertical (15 G's) test is to be conducted with modified Hybrid
II ATDs with existing pass/fail criteria.
(d) The ATD can be tethered for the floor deformation test.
(e) The seatbelt is not required to have a TSO Authorization but
will need to comply with the TSO-C22g Minimum Performance Standards
(MPS).
Issued in Kansas City, Missouri, on August 31, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-22880 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-13-P
