Special Conditions: Boeing, Model 737-800; Large Non-Structural Glass in the Passenger Compartment, 40255-40258 [2012-16720]
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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations
reserve requirements meeting the capital
needs of the property when there is an
‘‘ownership transfer or sale’’. The
change in the regulation only concerns
new construction so it does not address
the reserve requirements in the case of
a subsequent loan, with an ownership
transfer or sale and without an
ownership transfer of sale. The Agency
does not plan on making a change to the
regulation in response to this comment
at this time.
6. Changing the wording in Section
3560.65. A commenter recommended
changing the wording in Section
3560.65, as the analysis is really based
upon the CNA or the Life Cycle Cost
Analysis, prepared by a consultant or
architect hired by the developer, not
developed by Rural Development. We
would note that the language
‘‘Acceptable to Rural Development’’ still
allows for the CNA to be prepared by
others but establish Rural Development
as the final approval authority. The
Agency agrees and will make the change
to the regulation.
7. Performing a CNA every 5 years,
incurring the cost of the assessment and
sharing the information. Two
commenters suggested that Rural
Development perform a CNA every 5
years. The first of the two commenters
suggested, if the cost of updating a CNA
every 5 years is prohibitive for a specific
project, it may be more appropriate to
allow the Rural Development staff and
the project management to conduct
reviews, with a process for resolving
disparities in their recommendations.
The second of the two commenters
suggested the Rural Development
program incur the cost of the assessment
and share the information and adjust the
reserve requirements accordingly, as
rents cannot be raised to an amount that
will cover all current and future reserve
expenses. Utilizing Rural Development
staff and project management to update
a CNA is a potentially beneficial
practice, and the Agency understands
that CNAs can be cost prohibitive.
Therefore, a revision as to the regulation
has been made to allow for contribution
adjustments every 5 or 10 years rather
than every 5 years. These updated CNAs
must be paid for by the borrower and
conducted by a third-party.
8. Basing the reserve account deposits
on a CNA or Life Cycle Cost Analysis.
A commentator agreed that the Agency
should base the reserve account
deposits on a CNA or life cycle cost
analysis. By doing this, MFH projects
would have better project cash flow and
improved long term performance which
would benefit the low-income families
residing in these units and provide
sufficient reserves to maintain these
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40255
projects in the long term, as well as the
communities in which these projects are
located. There is no need to change the
rule for this comment.
Dated: May 29, 2012.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
List of Subjects in 7 CFR Part 3560
BILLING CODE 3410–XV–P
Accounting, Government property
management, Grant programs—housing
and community development,
Insurance, Loan programs—Agriculture,
Loan programs—housing and
community development, Mortgage.
Therefore, chapter XXXV, Title 7 of
the Code of Federal Regulations, is
amended as follows:
[FR Doc. 2012–16731 Filed 7–6–12; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2012–0499; Special
Conditions No. 25–466–SC]
Part 3560—Direct Multi-Family Housing
Loans and Grants
Special Conditions: Boeing, Model
737–800; Large Non-Structural Glass in
the Passenger Compartment
1. The authority citation for Part 3560
continues to read as follows:
AGENCY:
■
Authority: 42 U.S.C. 1480.
Subpart B—Direct Loan and Grant
Origination
2. Section 3560.65 is revised to read
as follows:
■
§ 3560.65
Reserve account.
(a) For new construction, to meet
major capital expenses of a housing
project, applicants must establish and
fund a reserve account that meets the
requirements of § 3560.306. The
applicant must agree to make monthly
contributions to the reserve account
pursuant to a reserve account analysis
which sets forth how the reserve
account funds will meet the capital
needs of the property over an acceptable
20-year period. The reserve account
analysis is based on either a Capital
Needs Assessment or life cycle cost
analysis, provided and acceptable to
Rural Development by the applicant.
Adjustments may be made to the
contribution amount at 5 or 10-year
intervals, either through an updated
Capital Needs Assessment or as part of
the original life cycle cost analysis. The
cost of conducting either a Capital
Needs Assessment or life cycle cost
analysis will be paid for by the
applicant. The cost of the initial Capital
Needs Assessment or life cycle cost
analysis may be included in the loan
financing.
(b) For ownership transfers or sales,
the requirements of § 3560.406(d)(5)
will be met.
(c) For other existing properties, at a
minimum the borrower must agree to
make monthly contributions to the
reserve account at the rate of 1 percent
annually of the amount of total
development cost until the reserve
account equals 10 percent of the total
development cost.
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Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
These special conditions are
issued for the Boeing Model 737–800
airplane. This airplane as modified by
Lufthansa Technik will have a novel or
unusual design feature associated with
the installation of large non-structural
glass items in the cabin area of an
executive interior occupied by
passengers and crew. The installation of
these items in a passenger compartment,
which can be occupied during taxi,
takeoff, and landing, is a novel or
unusual design feature with respect to
the material used. 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: Effective Date: June 25, 2012.
FOR FURTHER INFORMATION CONTACT: John
Shelden, FAA, Cabin Safety Branch,
ANM–115, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW.,
Renton, Washington 98057–3356;
telephone 425–227–2785; facsimile
425–227–1232.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 16, 2010, Lufthansa
Technik AG, Weg Beim Jaeger 193,
22335 Hamburg Germany applied for a
supplemental type certificate for the
installation of large non-structural glass
items in the cabin area of the executive
interior occupied by passengers and
crew in a Boeing Model 737–800. The
Boeing Model 737–800, approved under
Type Certificate No. A16WE, is a large
transport category airplane that is
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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations
limited to 189 passengers or less,
depending on the interior configuration.
This specific Boeing Model 737–800
configuration includes seating
provisions for 34 passengers.
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Type Certification Basis
Under the provisions of Title 14, Code
of the Federal Regulations (14 CFR)
21.101, Lufthansa Technik must show
that the Boeing Model 737–800, as
changed, continues to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A16WE or the applicable
regulations in effect on the date of
application for the change. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. A16WE are as follows: 14
CFR part 25 as amended by
Amendments 25–1 through 25–77 with
exceptions for the Boeing Model 737–
800. In addition, the certification basis
includes certain special conditions,
exemptions, or later amended sections
of the applicable part that are not
relevant to these special conditions.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 737–800 because
of a novel or unusual design feature,
special conditions are prescribed under
the provisions of § 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same or similar novel or unusual design
feature, the special conditions would
also apply to the other model under
§ 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 737–800
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.
Novel or Unusual Design Features
The Boeing Model 737–800 will
incorporate the following novel or
unusual design features: The
installation of large non-structural glass
items, typically in the form of glass
sheets in the cabin area of an executive
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interior occupied by passengers and
crew.
These installations would be for
aesthetic purposes, not for safety, in
components other than windshields or
windows. For these special conditions,
a large glass item is 4 kg (approximately
10 pounds) and greater in mass. This
limit was established as the mass at
which a glass component could be
expected to potentially cause
widespread injury if it were to shatter or
break free from its retention system.
These special conditions address the
novel and unusual design features for
the use of large non-structural glass in
the passenger cabin. These large glass
items would be installed in occupied
rooms or areas during taxi, take off, and
landing, or rooms or areas that
occupants do have to enter or pass
through to get to any emergency exit.
The installations of large non-structural
glass items may include, but are not
limited to, the following items:
• Glass partitions.
• Glass attached to the ceiling.
• Wall/door mounted mirrors/glass
panels.
Discussion
The existing part 25 regulations only
address the use of glass in windshields,
instrument or display transparencies, or
window applications. The regulations
treat glass as unique for special
applications where no other material
will serve and address the adverse
properties of glass.
Section 25.775, ‘‘Window and
windshields,’’ provides for the use of
glass in airplanes but limits glass to
windshields and windows.
Furthermore, except for bolted-in
windshields, there is limited experience
with either adhesive or mechanical
retention methods for large glass objects
installed in an airplane subject to high
loads supported by flexible restraints.
The FAA has accepted the following
uses of glass in the passenger cabin
under the current regulations:
1. Glass items installed in rooms or
areas in the cabin that are not occupied
during taxi, take off, and landing, and
occupants do not have to enter or pass
through the room or area to get to any
emergency exit.
2. Glass items integrated into a
functional device whose operation is
dependent upon the characteristics of
glass, such as instrument or indicator
protective transparencies, or monitor
screens such as liquid crystal display
(LCD) or plasma displays. These glass
items may be installed in any area in the
cabin regardless of occupancy during
taxi, take-off, and landing. Acceptable
means for these items may depend on
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the size and specific location of the
device.
3. Small glass items installed in
occupied rooms or areas during taxi,
take off, and landing, or rooms or areas
that occupants do have to enter or pass
through to get to any emergency exit.
For the purposes of these special
conditions, a small glass item is less
than 4 kg in mass or a group of glass
items weighing less than 4 kg in mass.
The glass items in numbers one, two,
and three (above) have been restricted to
applications where the potential for
injury is either highly localized (such as
instrument faces) or the location is such
that injury due to failure of the glass is
unlikely (e.g., mirrors in lavatories).
These glass items are subject to the
inertia loads contained in § 25.561 and
maximum positive differential pressure
for items like monitors, but are not
subject to these special conditions. They
have been found acceptable through
project specific means of compliance
requiring testing to meet the
requirement in § 25.785(d) and by
adding a protective polycarbonate layer
that covers the glass exposed to the
cabin.
The use of glass in airplanes utilizes
the one unique characteristic of glass—
its capability for undistorted or
controlled light transmittance, or
transparency. Glass, in its basic form as
annealed, untreated sheet, plate, or float
glass, when compared to metals, is
extremely notch-sensitive, has a low
fracture resistance, has a low modulus
of elasticity, and can be highly variable
in its properties. While reasonably
strong, it is not a desirable material for
traditional aircraft applications because,
as a solo component, it is heavy (about
the same density as aluminum). In
addition, when glass fails, it can break
into extremely sharp fragments that
have the potential for injury above and
beyond simple impact and have been
known to be lethal.
The proposed special conditions
address installing glass in much larger
sizes than previously accepted and in a
multitude of locations and applications,
instead of using more traditional aircraft
materials. In most, if not all cases, the
glass will not be covered with a
polycarbonate layer. Additionally, the
retention of glass of this size and weight
is not amenable to conventional
techniques currently utilized in airplane
cabins.
The proposed special conditions
consider the unusual material properties
of glass as an interior material that have
limited or prevented its use in the past,
and address the performance standards
needed to ensure that those properties
do not reduce the level of safety
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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations
intended by the regulations. They
address the use of large glass items
installed in occupied rooms or areas
during taxi, take off, and landing, or
rooms or areas that occupants do have
to enter or pass through to get to any
emergency exit.
The special conditions define a large
glass component threshold of 4 kg,
which is based on an assessment of the
mass dislodged during a high ‘‘g’’ level
(as defined in § 25.562) event.
Groupings of glass components that
total more than 4 kg would also need to
be included. The applicable
performance standards in the
regulations for the installation of these
components also apply and should not
adversely affect the standards provided
below. For example, heat release and
smoke density testing should not result
in fragmentation of the component.
For large glass components mounted
in a cabin occupied by passengers or
crew that are not otherwise protected
from the injurious effects of failure of
the glass component, the following
apply:
Material. The glass used must be
tempered or otherwise treated to ensure
that when fractured, it breaks into small
pieces with relatively dull edges. This
must be demonstrated by testing to
failure. Tests similar to ANSI/SAE Z26.1
section 5.7, Test 7 would be acceptable.
Fragmentation. The glass component
construction must control the
fragmentation of the glass to minimize
the danger from flying glass shards or
pieces. Impact and puncture testing to
failure must demonstrate this. Tests
similar to ANSI/SAE Z26.1 section 5.9,
Test 9 adjusted to ensure cracking the
glass would be acceptable.
Strength. The glass component, as
installed in the airplane, must be strong
enough to meet the load requirements
for all flight and landing loads and all
of the emergency landing conditions in
subparts C and D of part 25. In addition,
glass components that are located such
that they are not protected from contact
with cabin occupants must be designed
for abusive loading without failure, such
as impact from service carts, or
occupants stumbling into, leaning
against, sitting on, or performing other
intentional or unintentional forceful
contact. This must be demonstrated by
static structural testing to ultimate load
except that the critical loading
condition must be tested to failure. The
tested glass component must have all
features that affect component strength,
such as etched surfaces, cut or engraved
designs, holes, and so forth.
Retention. The glass component, as
installed in the airplane, must not come
free of its restraint or mounting system
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in the event of an emergency landing.
Based on the characteristics of a large
glass component, dynamic tests should
be performed to demonstrate that the
occupants would be protected up to the
load levels required by the certification
basis of the airplane. A single test for
the most critical loading for the
installed component would be
sufficient. This may be accomplished by
using already accepted methods for
dynamic testing.
Analysis may be used in lieu of
testing if the applicant has validated the
strength models and dynamic
simulation models used against static
tests to failure and dynamic testing to
the above requirements and can predict
structural failure and dynamic response
and inertial load. The glass material
properties must meet § 25.613,
‘‘Material strength properties and
material design values.’’ The effect of
design details, such as geometric
discontinuities or surface finish, must
be accounted for in the test/analysis.
Discussion of Comments
Notice of proposed special conditions
No. 25–12–01–SC for the Boeing Model
737–800 airplane was published in the
Federal Register on May 15, 2012 (77
FR 28533). No comments were received,
and the special conditions are adopted
as proposed.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 737–800. Should Lufthansa
Technik apply at a later date for a
supplemental type certificate to modify
any other model included on Type
Certificate No. A16WE to incorporate
the same novel or unusual design
feature, the special conditions would
apply to that model as well.
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
date for the approval of the
supplemental type certificate for the
Boeing Model 737–800 is imminent, the
FAA finds that good cause exists to
make these special conditions effective
upon issuance.
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.
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40257
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Boeing Model
737–800 airplanes modified by
Lufthansa Technik AG. For these special
conditions, a large glass component is 4
kg (approximately 10 pounds) and
greater in mass, or a grouping of glass
components that total more than 4 kg.
1. Boeing Model 737–800 Airplane;
Large Non-Structural Glass in the
Passenger Compartment.
The airplane must not be operated for
hire or offered for common carriage.
This provision does not preclude the
operator from receiving remuneration to
the extent consistent with 14 CFR parts
125 and 91, subpart F, as applicable.
2. Material Fragmentation. The glass
used to fabricate the component must be
tempered or treated to ensure that, when
fractured, it breaks into small pieces
with relatively dull edges. In addition,
it must be shown that fragmentation of
the glass is controlled to reduce the
danger from flying glass shards or
pieces. This must be demonstrated by
testing to failure.
3. Component Strength. The glass
component must be strong enough to
meet the load requirements for all flight
and landing loads including any of the
applicable emergency landing
conditions in subparts C and D of part
25. Abuse loading without failure, such
as impact from occupants stumbling
into, leaning against, sitting on, or
performing other intentional or
unintentional forceful contact, must also
be demonstrated. This must be
demonstrated by static structural testing
to ultimate load, except that the critical
loading condition must be tested to
failure in the as-installed condition. The
tested glass must have all features that
affect component strength, such as
etched surfaces, cut or engraved
designs, holes, and so forth. Glass pieces
must be non-hazardous.
4. Component Retention. The glass
component, as installed in the airplane,
must not come free of its restraint or
mounting system in the event of an
emergency landing. A test must be
performed to demonstrate that the
occupants would be protected from the
effects of the component failing or
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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations
becoming free of restraint under
dynamic loading. The dynamic loading
of § 25.562(b)(2) is considered an
acceptable dynamic event. The
applicant may propose an alternate
pulse; however, the impulse and peak
load may not be less than that of
§ 25.562(b)(2). As an alternative to a
dynamic test, static testing may be used
if the loading is assessed as equivalent
as or more critical than a dynamic test,
based upon validated dynamic analysis.
Both the primary directional loading
and rebound conditions need to be
assessed.
5. Instructions for Continued
Airworthiness. The instructions for
continued airworthiness must reflect the
fastening method used and must ensure
the reliability of the methods used (e.g.,
life limit of adhesives, or clamp
connection). Inspection methods and
intervals must be defined based upon
adhesion data from the manufacturer of
the adhesive or actual adhesion test
data, if necessary.
Issued in Renton, Washington, on June 25,
2012.
K.C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–16720 Filed 7–6–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 120608159–2159–01]
RIN 0694–AF71
Amendment to Existing Validated EndUser Authorizations: Hynix
Semiconductor China Ltd., Hynix
Semiconductor (Wuxi) Ltd., and
Boeing Tianjin Composites Co. Ltd. in
the People’s Republic of China
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to revise the existing
Authorization Validated End-User
(VEU) listings for three VEUs in the
People’s Republic of China (PRC).
Specifically, BIS amends the EAR to
change the names of existing VEUs
Hynix Semiconductor China Ltd. and
Hynix Semiconductor (Wuxi) Ltd. and
their respective ‘‘Eligible Destinations’’
in the PRC. Also, BIS amends the list of
‘‘Eligible Items (by ECCN)’’ that may be
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SUMMARY:
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exported, reexported and transferred
(in-country) to the approved facility of
VEU Boeing Tianjin Composites Co. Ltd.
(BTC) in the PRC. These changes are
prompted by factors arising from the
companies’ normal course of business,
and are not the result of any activities
of concern by the companies.
DATES: This rule is effective July 9,
2012.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Bureau of Industry
and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania
Avenue NW., Washington, DC 20230; by
telephone: (202) 482–5991, fax: (202)
482–3991, or email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
BIS amended the EAR in a final rule
on June 19, 2007 (72 FR 33646), creating
a new authorization for ‘‘Validated endusers’’ (VEUs) located in eligible
destinations to which eligible items may
be exported, reexported, or transferred
(in-country) under a general
authorization instead of a license, in
conformance with section 748.15 of the
EAR. VEUs may obtain eligible items
that are on the Commerce Control List,
set forth in Supplement No. 1 to Part
774 of the EAR, without having to wait
for their suppliers to obtain export
licenses from BIS. Eligible items may
include commodities, software, and
technology, except those controlled for
missile technology or crime control
reasons.
The VEUs listed in Supplement No. 7
to Part 748 of the EAR were reviewed
and approved by the U.S. Government
in accordance with the provisions of
section 748.15 and Supplement Nos. 8
and 9 to Part 748 of the EAR. The
revisions to Supplement No. 7 to Part
748 set forth in this rule are being made
either at the request of the VEUs or
pursuant to the U.S. Government’s
periodic review of VEU authorizations,
and were approved by the End-User
Review Committee (ERC) following the
process set forth in Section 748.15 and
Supplement No. 9 to Part 748 of the
EAR.
Amendment to Existing Validated EndUser Authorizations in the PRC
Revision to Names of Hynix
Semiconductor China Ltd. and Hynix
Semiconductor (Wuxi) Ltd. and Their
‘‘Eligible destinations’’
In this rule, BIS amends Supplement
No. 7 to Part 748 of the EAR to change
the names of existing VEUs Hynix
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Semiconductor China Ltd. and Hynix
Semiconductor (Wuxi) Ltd. and the
names of the companies’ respective
‘‘Eligible destinations’’ (i.e., facilities) in
the People’s Republic of China (PRC).
Both companies were designated as
VEUs on October 12, 2010 (75 FR
62462).
In this rule, the name Hynix
Semiconductor China Ltd. is changed to
SK hynix Semiconductor (China) Ltd.,
and the name of the company’s existing
approved ‘‘Eligible destination’’ is
changed from Hynix Semiconductor
China Ltd. to SK hynix Semiconductor
(China) Ltd. In addition, the name
Hynix Semiconductor (Wuxi) Ltd. is
changed to SK hynix Semiconductor
(Wuxi) Ltd., and the name of the
company’s existing approved ‘‘Eligible
destination’’ is changed from Hynix
Semiconductor (Wuxi) Ltd. to SK hynix
Semiconductor (Wuxi) Ltd. The
addresses of the companies’ respective
‘‘Eligible destinations’’ remain the same.
These amendments are prompted by
factors arising from the companies’
normal course of business, and are not
the result of activities of concern by the
companies.
Revision to the List of ‘‘Eligible items (by
ECCN)’’ for Boeing Tianjin Composites
Co. Ltd.
BIS designated BHA Aero Composite
Parts Co. as a VEU on October 19, 2007
(72 FR 59164). On April 29, 2009, BIS
amended the authorization by changing
the name of the VEU to Boeing Tianjin
Composites Co., Ltd. (BTC) (74 FR
19382). In addition, on February 24,
2012, BIS amended BTC’s VEU
authorization to correct the address of
BTC’s eligible destination and revise the
list of ‘‘Eligible items (by ECCN)’’ that
may be exported, reexported, and
transferred (in-country) to BTC (77 FR
10953). In this rule, BIS further revises
the list of ‘‘Eligible items (by ECCN)’’
that may be exported, reexported, and
transferred (in-country) to BTC. This
amendment is prompted by factors
arising from BTC’s normal course of
business, and is not the result of
activities of concern by BTC.
BTC’s list of ‘‘Eligible items (by
ECCN)’’ prior to the publication of this
rule was:
1A002.a, 1B001.f, 1C010.b, 1C010.e, 1D001
(limited to ‘‘software’’ specially designed or
modified for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment
controlled by 1B001.f), 1E001 (limited to
‘‘technology’’ according to the General
Technology Note for the ‘‘development’’ or
‘‘production’’ of items controlled by 1A002.a,
1B001.f, and 1C010.b & .e), 2B001.b.2
(limited to machine tools with accuracies no
better than (i.e., less than) 13 microns),
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Rules and Regulations]
[Pages 40255-40258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16720]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2012-0499; Special Conditions No. 25-466-SC]
Special Conditions: Boeing, Model 737-800; Large Non-Structural
Glass in the Passenger Compartment
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
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SUMMARY: These special conditions are issued for the Boeing Model 737-
800 airplane. This airplane as modified by Lufthansa Technik will have
a novel or unusual design feature associated with the installation of
large non-structural glass items in the cabin area of an executive
interior occupied by passengers and crew. The installation of these
items in a passenger compartment, which can be occupied during taxi,
takeoff, and landing, is a novel or unusual design feature with respect
to the material used. 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: Effective Date: June 25, 2012.
FOR FURTHER INFORMATION CONTACT: John Shelden, FAA, Cabin Safety
Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2785; facsimile 425-227-1232.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2010, Lufthansa Technik AG, Weg Beim Jaeger 193,
22335 Hamburg Germany applied for a supplemental type certificate for
the installation of large non-structural glass items in the cabin area
of the executive interior occupied by passengers and crew in a Boeing
Model 737-800. The Boeing Model 737-800, approved under Type
Certificate No. A16WE, is a large transport category airplane that is
[[Page 40256]]
limited to 189 passengers or less, depending on the interior
configuration. This specific Boeing Model 737-800 configuration
includes seating provisions for 34 passengers.
Type Certification Basis
Under the provisions of Title 14, Code of the Federal Regulations
(14 CFR) 21.101, Lufthansa Technik must show that the Boeing Model 737-
800, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A16WE or
the applicable regulations in effect on the date of application for the
change. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.'' The regulations incorporated by reference in
Type Certificate No. A16WE are as follows: 14 CFR part 25 as amended by
Amendments 25-1 through 25-77 with exceptions for the Boeing Model 737-
800. In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-800 because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-800 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.
Novel or Unusual Design Features
The Boeing Model 737-800 will incorporate the following novel or
unusual design features: The installation of large non-structural glass
items, typically in the form of glass sheets in the cabin area of an
executive interior occupied by passengers and crew.
These installations would be for aesthetic purposes, not for
safety, in components other than windshields or windows. For these
special conditions, a large glass item is 4 kg (approximately 10
pounds) and greater in mass. This limit was established as the mass at
which a glass component could be expected to potentially cause
widespread injury if it were to shatter or break free from its
retention system.
These special conditions address the novel and unusual design
features for the use of large non-structural glass in the passenger
cabin. These large glass items would be installed in occupied rooms or
areas during taxi, take off, and landing, or rooms or areas that
occupants do have to enter or pass through to get to any emergency
exit. The installations of large non-structural glass items may
include, but are not limited to, the following items:
Glass partitions.
Glass attached to the ceiling.
Wall/door mounted mirrors/glass panels.
Discussion
The existing part 25 regulations only address the use of glass in
windshields, instrument or display transparencies, or window
applications. The regulations treat glass as unique for special
applications where no other material will serve and address the adverse
properties of glass.
Section 25.775, ``Window and windshields,'' provides for the use of
glass in airplanes but limits glass to windshields and windows.
Furthermore, except for bolted-in windshields, there is limited
experience with either adhesive or mechanical retention methods for
large glass objects installed in an airplane subject to high loads
supported by flexible restraints.
The FAA has accepted the following uses of glass in the passenger
cabin under the current regulations:
1. Glass items installed in rooms or areas in the cabin that are
not occupied during taxi, take off, and landing, and occupants do not
have to enter or pass through the room or area to get to any emergency
exit.
2. Glass items integrated into a functional device whose operation
is dependent upon the characteristics of glass, such as instrument or
indicator protective transparencies, or monitor screens such as liquid
crystal display (LCD) or plasma displays. These glass items may be
installed in any area in the cabin regardless of occupancy during taxi,
take-off, and landing. Acceptable means for these items may depend on
the size and specific location of the device.
3. Small glass items installed in occupied rooms or areas during
taxi, take off, and landing, or rooms or areas that occupants do have
to enter or pass through to get to any emergency exit. For the purposes
of these special conditions, a small glass item is less than 4 kg in
mass or a group of glass items weighing less than 4 kg in mass.
The glass items in numbers one, two, and three (above) have been
restricted to applications where the potential for injury is either
highly localized (such as instrument faces) or the location is such
that injury due to failure of the glass is unlikely (e.g., mirrors in
lavatories). These glass items are subject to the inertia loads
contained in Sec. 25.561 and maximum positive differential pressure
for items like monitors, but are not subject to these special
conditions. They have been found acceptable through project specific
means of compliance requiring testing to meet the requirement in Sec.
25.785(d) and by adding a protective polycarbonate layer that covers
the glass exposed to the cabin.
The use of glass in airplanes utilizes the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency. Glass, in its basic form as
annealed, untreated sheet, plate, or float glass, when compared to
metals, is extremely notch-sensitive, has a low fracture resistance,
has a low modulus of elasticity, and can be highly variable in its
properties. While reasonably strong, it is not a desirable material for
traditional aircraft applications because, as a solo component, it is
heavy (about the same density as aluminum). In addition, when glass
fails, it can break into extremely sharp fragments that have the
potential for injury above and beyond simple impact and have been known
to be lethal.
The proposed special conditions address installing glass in much
larger sizes than previously accepted and in a multitude of locations
and applications, instead of using more traditional aircraft materials.
In most, if not all cases, the glass will not be covered with a
polycarbonate layer. Additionally, the retention of glass of this size
and weight is not amenable to conventional techniques currently
utilized in airplane cabins.
The proposed special conditions consider the unusual material
properties of glass as an interior material that have limited or
prevented its use in the past, and address the performance standards
needed to ensure that those properties do not reduce the level of
safety
[[Page 40257]]
intended by the regulations. They address the use of large glass items
installed in occupied rooms or areas during taxi, take off, and
landing, or rooms or areas that occupants do have to enter or pass
through to get to any emergency exit.
The special conditions define a large glass component threshold of
4 kg, which is based on an assessment of the mass dislodged during a
high ``g'' level (as defined in Sec. 25.562) event. Groupings of glass
components that total more than 4 kg would also need to be included.
The applicable performance standards in the regulations for the
installation of these components also apply and should not adversely
affect the standards provided below. For example, heat release and
smoke density testing should not result in fragmentation of the
component.
For large glass components mounted in a cabin occupied by
passengers or crew that are not otherwise protected from the injurious
effects of failure of the glass component, the following apply:
Material. The glass used must be tempered or otherwise treated to
ensure that when fractured, it breaks into small pieces with relatively
dull edges. This must be demonstrated by testing to failure. Tests
similar to ANSI/SAE Z26.1 section 5.7, Test 7 would be acceptable.
Fragmentation. The glass component construction must control the
fragmentation of the glass to minimize the danger from flying glass
shards or pieces. Impact and puncture testing to failure must
demonstrate this. Tests similar to ANSI/SAE Z26.1 section 5.9, Test 9
adjusted to ensure cracking the glass would be acceptable.
Strength. The glass component, as installed in the airplane, must
be strong enough to meet the load requirements for all flight and
landing loads and all of the emergency landing conditions in subparts C
and D of part 25. In addition, glass components that are located such
that they are not protected from contact with cabin occupants must be
designed for abusive loading without failure, such as impact from
service carts, or occupants stumbling into, leaning against, sitting
on, or performing other intentional or unintentional forceful contact.
This must be demonstrated by static structural testing to ultimate load
except that the critical loading condition must be tested to failure.
The tested glass component must have all features that affect component
strength, such as etched surfaces, cut or engraved designs, holes, and
so forth.
Retention. The glass component, as installed in the airplane, must
not come free of its restraint or mounting system in the event of an
emergency landing. Based on the characteristics of a large glass
component, dynamic tests should be performed to demonstrate that the
occupants would be protected up to the load levels required by the
certification basis of the airplane. A single test for the most
critical loading for the installed component would be sufficient. This
may be accomplished by using already accepted methods for dynamic
testing.
Analysis may be used in lieu of testing if the applicant has
validated the strength models and dynamic simulation models used
against static tests to failure and dynamic testing to the above
requirements and can predict structural failure and dynamic response
and inertial load. The glass material properties must meet Sec.
25.613, ``Material strength properties and material design values.''
The effect of design details, such as geometric discontinuities or
surface finish, must be accounted for in the test/analysis.
Discussion of Comments
Notice of proposed special conditions No. 25-12-01-SC for the
Boeing Model 737-800 airplane was published in the Federal Register on
May 15, 2012 (77 FR 28533). No comments were received, and the special
conditions are adopted as proposed.
Applicability
As discussed above, these special conditions are applicable to the
Boeing Model 737-800. Should Lufthansa Technik apply at a later date
for a supplemental type certificate to modify any other model included
on Type Certificate No. A16WE to incorporate the same novel or unusual
design feature, the special conditions would apply to that model as
well.
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 date for the approval of the
supplemental type certificate for the Boeing Model 737-800 is imminent,
the FAA finds that good cause exists to make these special conditions
effective upon issuance.
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.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 737-800 airplanes
modified by Lufthansa Technik AG. For these special conditions, a large
glass component is 4 kg (approximately 10 pounds) and greater in mass,
or a grouping of glass components that total more than 4 kg.
1. Boeing Model 737-800 Airplane; Large Non-Structural Glass in the
Passenger Compartment.
The airplane must not be operated for hire or offered for common
carriage. This provision does not preclude the operator from receiving
remuneration to the extent consistent with 14 CFR parts 125 and 91,
subpart F, as applicable.
2. Material Fragmentation. The glass used to fabricate the
component must be tempered or treated to ensure that, when fractured,
it breaks into small pieces with relatively dull edges. In addition, it
must be shown that fragmentation of the glass is controlled to reduce
the danger from flying glass shards or pieces. This must be
demonstrated by testing to failure.
3. Component Strength. The glass component must be strong enough to
meet the load requirements for all flight and landing loads including
any of the applicable emergency landing conditions in subparts C and D
of part 25. Abuse loading without failure, such as impact from
occupants stumbling into, leaning against, sitting on, or performing
other intentional or unintentional forceful contact, must also be
demonstrated. This must be demonstrated by static structural testing to
ultimate load, except that the critical loading condition must be
tested to failure in the as-installed condition. The tested glass must
have all features that affect component strength, such as etched
surfaces, cut or engraved designs, holes, and so forth. Glass pieces
must be non-hazardous.
4. Component Retention. The glass component, as installed in the
airplane, must not come free of its restraint or mounting system in the
event of an emergency landing. A test must be performed to demonstrate
that the occupants would be protected from the effects of the component
failing or
[[Page 40258]]
becoming free of restraint under dynamic loading. The dynamic loading
of Sec. 25.562(b)(2) is considered an acceptable dynamic event. The
applicant may propose an alternate pulse; however, the impulse and peak
load may not be less than that of Sec. 25.562(b)(2). As an alternative
to a dynamic test, static testing may be used if the loading is
assessed as equivalent as or more critical than a dynamic test, based
upon validated dynamic analysis. Both the primary directional loading
and rebound conditions need to be assessed.
5. Instructions for Continued Airworthiness. The instructions for
continued airworthiness must reflect the fastening method used and must
ensure the reliability of the methods used (e.g., life limit of
adhesives, or clamp connection). Inspection methods and intervals must
be defined based upon adhesion data from the manufacturer of the
adhesive or actual adhesion test data, if necessary.
Issued in Renton, Washington, on June 25, 2012.
K.C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-16720 Filed 7-6-12; 8:45 am]
BILLING CODE 4910-13-P
