Special Conditions: Embraer S.A., Model ERJ-170 Airplanes; Seats With Large, Non-Traditional, Non-Metallic Panels, 11679-11681 [2014-04559]
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11679
Rules and Regulations
Federal Register
Vol. 79, No. 41
Monday, March 3, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2014–0078; Special
Conditions No. 25–543–SC]
Special Conditions: Embraer S.A.,
Model ERJ–170 Airplanes; Seats With
Large, Non-Traditional, Non-Metallic
Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
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AGENCY:
SUMMARY: These special conditions are
issued for Embraer Model ERJ–170
airplanes. This airplane will have a
novel or unusual design feature
associated with interior arrangements
that include passenger seats that
incorporate non-traditional, large, nonmetallic panels in lieu of the traditional
metal frame covered by fabric. 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 March 3, 2014. We
must receive your comments by April
17, 2014.
ADDRESSES: Send comments, identified
by docket number FAA–2014–0078,
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
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16:16 Feb 28, 2014
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Building Ground Floor, Washington,
DC, 20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 8
a.m. and 5 p.m., Monday through
Friday, except federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–
19478), as well as at https://
DocketsInfo.dot.gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
Jayson Claar, FAA, Airframe/Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington, 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 publication in
the Federal Register.
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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 will consider all comments we
receive on or before the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On July 2, 2013, Embraer applied for
a change to Type Certificate No. A57NM
to include seats with large, nontraditional, non-metallic panels in
Embraer Model ERJ–170 airplanes. The
Embraer ERJ–170 airplanes are lowwing, conventional tail, twin turbofan,
transport-category airplanes. They can
seat up to 88 passengers.
The applicable regulations to
airplanes currently approved under
Type Certificate No. A57NM do not
require seats to meet the more-stringent
flammability standards required of
large, non-metallic panels in the cabin
interior. At the time the applicable rules
were written, seats were designed with
a metal frame covered by fabric, not
with large, non-metallic panels. Seats
also met the then-recently adopted
standards for flammability of seat
cushions. With the seat design being
mostly fabric and metal, their
contribution to a fire in the cabin had
been minimized and was not considered
a threat. For these reasons, seats did not
need to be tested to heat-release and
smoke-emission requirements.
Seat designs have now evolved to
occasionally include large, nontraditional, 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 established by the
airworthiness standards, these large,
non-traditional, non-metallic panels in
the cabin must meet the standards of
Title 14, Code of Federal Regulations
(CFR) part 25, Appendix F, parts IV and
V, heat-release and smoke-emission
requirements.
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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations
Type Certification Basis
Under the provisions of § 21.101,
Embraer must show that the ERJ–170, as
changed, continues to meet the
applicable provisions of the regulations
incorporated by reference in A57NM or
the applicable regulations in effect on
the date of application for the change.
The regulations incorporated by
reference in the type certificate are
commonly referred to as the ‘‘original
type-certification basis.’’ The
regulations incorporated by reference in
A57NM are as follows:
14 CFR part 25, Amdts. 25–1 through
25–101 in entirety. 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
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for Embraer Model ERJ–170 airplanes
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 type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model.
In addition to the applicable
airworthiness regulations and special
conditions, ERJ–170 airplanes must
comply with the fuel-vent and exhaustemission requirements of 14 CFR part
34, and the noise-certification
requirements of 14 CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.101.
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Novel or Unusual Design Features
The ERJ–170 will incorporate the
following novel or unusual design
features:
These models offer interior
arrangements that include passenger
seats that incorporate large, nontraditional, 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
cabin occupants in the event of fire.
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16:16 Feb 28, 2014
Jkt 232001
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 large, non-traditional, nonmetallic panels in their designs. To
provide a level of safety that is
equivalent to that afforded to the
balance of the cabin, additional
airworthiness standards, in the form of
special conditions, are necessary. These
special conditions supplement § 25.853.
The requirements contained in these
special conditions consist of applying
the identical test conditions, required of
all other large panels in the cabin, to
seats with large, non-traditional, nonmetallic panels.
Discussion
In the early 1980s, the Federal
Aviation Administration (FAA)
conducted extensive research on the
effects of post-crash flammability in the
passenger cabin. As a result of this
research and service experience, the
FAA adopted new standards for interior
surfaces associated with larger surfacearea parts. Specifically, the rules require
measurement of heat release and smoke
emission (part 25, Appendix F, parts IV
and V) for the affected parts. Heat
release has been shown to have a direct
correlation to post-crash fire-survival
time. The materials that comply with
the standards (e.g., § 25.853,
‘‘Compartment Interiors,’’ as amended
by Amendments 25–61 and 25–66) were
found to extend survival time by
approximately two 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 incorporated only small
amounts of non-metallic materials (for
example, a food-tray table and armrest
closeout). The FAA 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 note that they were
excluded ‘‘. . . because the recently
adopted standards for flammability of
seat cushions will greatly inhibit
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Sfmt 4700
involvement of the seats’’ in their postcrash fire.
In the late 1990s, when it became
clear that seat designs were evolving to
include large non-metallic panels with
surface area that would impact
survivability during a cabin-fire event
compared to partitions or galleys, the
FAA issued Policy Memorandum 97–
112–39. This memo noted that large
surface-area panels must comply with
heat-release and smoke-emission
requirements, even if they were attached
to a seat. If the FAA had not issued such
policy, seat designs would have been an
exception to the airworthiness
standards, which could result in an
unacceptable decrease in survivability
during a cabin-fire event.
Definition of ‘‘Large, Non-Traditional,
Non-Metallic Panel’’
A large, non-traditional panel, in this
case, is defined as a panel with exposedsurface 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 non-traditional areas
include, but are not limited to, seat
backs, bottoms and leg/foot rests, kick
panels, back shells, and associated
furniture. Examples of traditional,
exempted areas include, but are not
limited to, arm caps, armrest close-outs,
and items such as end-bays and center
consoles, food trays, 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 the special conditions.
These materials must still comply with
§ 25.853(a) and (c) if used as a covering
for a seat cushion, or § 25.853(a) if
installed elsewhere on the seat. Large,
non-metallic panels covered with
traditional fabrics or leathers will be
tested without their coverings or
covering attachments.
Applicability
As discussed above, these special
conditions are applicable to Embraer
Model ERJ–170 airplanes. Should
Embraer apply at a later date for a
change to the type certificate to include
another model incorporating the same
novel or unusual design feature, the
special conditions would apply to that
model as well.
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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules and Regulations
Conclusion
This action affects only certain novel
or unusual design features on one model
of airplane. It is not a rule of general
applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, because a
delay would significantly affect the
certification of the airplane, the FAA
has determined that prior public notice
and comment are unnecessary and
impracticable, and good cause exists for
adopting these special conditions upon
publication in the Federal Register. 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.
b. Airplanes that do not have smoke
emission and heat release in their
certification basis and do not need to
comply with the requirements of
§ 121.312.
c. Airplanes exempted from heatrelease and smoke-emission
requirements.
4. Only airplanes associated with
new-seat certification programs
approved after the effective date of these
special conditions will be affected by
the requirements in these special
conditions. Previously certificated
interiors on the existing airplane fleet
and follow-on deliveries of airplanes
with previously certificated interiors are
not affected.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of April 7, 2014.
ADDRESSES: For service information
identified in this AD, contact Cessna
Aircraft Company, Product Support,
P.O. Box 7706, Wichita, KS 67277;
telephone: (316) 517–5800; fax: (316)
517–7271; email: customercare@
cessna.textron.com; Internet: https://
www.cessna.com/. You may review
copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
MO 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
Issued in Renton, Washington, on February
21, 2014.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Examining the AD Docket
[FR Doc. 2014–04559 Filed 2–28–14; 8:45 am]
BILLING CODE 4910–13–P
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:
DEPARTMENT OF TRANSPORTATION
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
[Docket No. FAA–2011–0562; Directorate
Identifier 2011–CE–015–AD; Amendment
39–17740; AD 2014–03–03]
Federal Aviation Administration
14 CFR Part 39
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The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the typecertification basis for Embraer Model
ERJ–170 airplanes:
1. Compliance with part 25, Appendix
F, parts IV and V, heat release and
smoke emission, is required for seats
that incorporate large, non-traditional,
non-metallic panels that may either be
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 No. 1. 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 sq.
ft., middle 1 sq. ft., and inboard 2.5 sq.
ft.)
3. Seats need not meet the test
requirements of Title 14 CFR part 25
Appendix F, parts IV and V when
installed in compartments that are not
otherwise required to meet these
requirements. Examples include:
a. Airplanes with passenger capacities
of 19 or fewer.
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16:16 Feb 28, 2014
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11681
RIN 2120–AA64
Airworthiness Directives; Cessna
Aircraft Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Cessna Aircraft Company (Cessna)
Models 310, 320, 340, 401, 402, 411,
414, and 421 airplanes. This AD was
prompted by an investigation of recent
and historical icing-related accidents
and incidents for the products listed
above. This AD requires either having
the supplemental airplane flight
manual/airplane flight manual
supplement (SAFM/AFMS) inside the
airplane and accessible to the pilot
during the airplane’s operation or
installing a placard that prohibits flight
into known icing conditions and
installing a placard that increases
published airspeed on approach at least
17 mph (15 knots) in case of an
inadvertent encounter with icing. We
are issuing this AD to correct the unsafe
condition on these products.
DATES: This AD is effective April 7,
2014.
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You may examine the AD docket on
the Internet at https://www.
regulations.gov by searching for and
locating Docket No. FAA–2011–0562; or
in person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, the regulatory evaluation, any
comments received, and other
information. The address for the Docket
Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Dan
Withers, Program Manager, FAA,
Wichita Aircraft Certification Office,
1801 S. Airport Road, Room 100,
Wichita, Kansas 67209; telephone: (316)
946–4137; fax: (316) 946–4107; email:
dan.withers@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Cessna Aircraft
Company (Cessna) Models 310, 320,
340, 401, 402, 411, 414, and 421
airplanes. The NPRM published in the
Federal Register on June 3, 2011 (76 FR
32103). The NPRM proposed to require
you to install a placard that prohibits
flight into known icing conditions and
install a placard that increases
published airspeed on approach at least
17 mph (15 knots) in case of an
inadvertent encounter with icing. We
are issuing this AD to prohibit flight
into known icing conditions as well as
increase the approach speed in case of
an inadvertent encounter with icing.
This condition, if not corrected, could
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Agencies
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Rules and Regulations]
[Pages 11679-11681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04559]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Rules
and Regulations
[[Page 11679]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2014-0078; Special Conditions No. 25-543-SC]
Special Conditions: Embraer S.A., Model ERJ-170 Airplanes; Seats
With Large, Non-Traditional, Non-Metallic Panels
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for Embraer Model ERJ-170
airplanes. This airplane will have a novel or unusual design feature
associated with 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 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 March 3, 2014.
We must receive your comments by April 17, 2014.
ADDRESSES: Send comments, identified by docket number FAA-2014-0078,
using any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to https://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477- 19478), as well as at https://DocketsInfo.dot.gov/.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.
FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 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
publication in the Federal Register.
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 will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.
Background
On July 2, 2013, Embraer applied for a change to Type Certificate
No. A57NM to include seats with large, non-traditional, non-metallic
panels in Embraer Model ERJ-170 airplanes. The Embraer ERJ-170
airplanes are low-wing, conventional tail, twin turbofan, transport-
category airplanes. They can seat up to 88 passengers.
The applicable regulations to airplanes currently approved under
Type Certificate No. A57NM do not require seats to meet the more-
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then-recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, their contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat-release and smoke-emission
requirements.
Seat designs have now evolved to occasionally include large, non-
traditional, 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
established by the airworthiness standards, these large, non-
traditional, non-metallic panels in the cabin must meet the standards
of Title 14, Code of Federal Regulations (CFR) part 25, Appendix F,
parts IV and V, heat-release and smoke-emission requirements.
[[Page 11680]]
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer must show that the
ERJ-170, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in A57NM or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type-certification basis.'' The
regulations incorporated by reference in A57NM are as follows:
14 CFR part 25, Amdts. 25-1 through 25-101 in entirety. 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 (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Embraer Model ERJ-170 airplanes
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 type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model.
In addition to the applicable airworthiness regulations and special
conditions, ERJ-170 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.
Novel or Unusual Design Features
The ERJ-170 will incorporate the following novel or unusual design
features:
These models offer interior arrangements that include passenger
seats that incorporate large, non-traditional, 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 cabin occupants 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 large, non-
traditional, non-metallic panels in their designs. To provide a level
of safety that is equivalent to that afforded to the balance of the
cabin, additional airworthiness standards, in the form of special
conditions, are necessary. These special conditions supplement Sec.
25.853. The requirements contained in these special conditions consist
of applying the identical test conditions, required of all other large
panels in the cabin, to seats with large, non-traditional, non-metallic
panels.
Discussion
In the early 1980s, the Federal Aviation Administration (FAA)
conducted extensive research on the effects of post-crash flammability
in the passenger cabin. As a result of this research and service
experience, the FAA adopted new standards for interior surfaces
associated with larger surface-area parts. Specifically, the rules
require measurement of heat release and smoke emission (part 25,
Appendix F, parts IV and V) for the affected parts. Heat release has
been shown to have a direct correlation to post-crash fire-survival
time. The materials that comply with the standards (e.g., Sec. 25.853,
``Compartment Interiors,'' as amended by Amendments 25-61 and 25-66)
were found to extend survival time by approximately two 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 incorporated
only small amounts of non-metallic materials (for example, a food-tray
table and armrest closeout). The FAA 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 note that they were excluded ``. . . because the recently
adopted standards for flammability of seat cushions will greatly
inhibit involvement of the seats'' in their post-crash fire.
In the late 1990s, when it became clear that seat designs were
evolving to include large non-metallic panels with surface area that
would impact survivability during a cabin-fire event compared to
partitions or galleys, the FAA issued Policy Memorandum 97-112-39. This
memo noted that large surface-area panels must comply with heat-release
and smoke-emission requirements, even if they were attached to a seat.
If the FAA had not issued such policy, seat designs would have been an
exception to the airworthiness standards, which could result in an
unacceptable decrease in survivability during a cabin-fire event.
Definition of ``Large, Non-Traditional, Non-Metallic Panel''
A large, non-traditional 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 non-traditional
areas include, but are not limited to, seat backs, bottoms and leg/foot
rests, kick panels, back shells, and associated furniture. Examples of
traditional, exempted areas include, but are not limited to, arm caps,
armrest close-outs, and items such as end-bays and center consoles,
food trays, 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 the special conditions. These
materials must still comply with Sec. 25.853(a) and (c) if used as a
covering for a seat cushion, or Sec. 25.853(a) if installed elsewhere
on the seat. Large, non-metallic panels covered with traditional
fabrics or leathers will be tested without their coverings or covering
attachments.
Applicability
As discussed above, these special conditions are applicable to
Embraer Model ERJ-170 airplanes. Should Embraer apply at a later date
for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, the special
conditions would apply to that model as well.
[[Page 11681]]
Conclusion
This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type-certification basis for Embraer Model ERJ-170 airplanes:
1. Compliance with part 25, Appendix F, parts IV and V, heat
release and smoke emission, is required for seats that incorporate
large, non-traditional, non-metallic panels that may either be 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 No. 1. 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 sq. ft., middle 1 sq. ft., and inboard 2.5 sq.
ft.)
3. Seats need not meet the test requirements of Title 14 CFR part
25 Appendix F, parts IV and V when installed in compartments that are
not otherwise required to meet these requirements. Examples include:
a. Airplanes with passenger capacities of 19 or fewer.
b. Airplanes that do not have smoke emission and heat release in
their certification basis and do not need to comply with the
requirements of Sec. 121.312.
c. Airplanes exempted from heat-release and smoke-emission
requirements.
4. Only airplanes associated with new-seat certification programs
approved after the effective date of these special conditions will be
affected by the requirements in these special conditions. Previously
certificated interiors on the existing airplane fleet and follow-on
deliveries of airplanes with previously certificated interiors are not
affected.
Issued in Renton, Washington, on February 21, 2014.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-04559 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P