Special Conditions: Embraer S.A. Model EMB-545 and EMB-550 Airplanes; Installation of an Airbag System To Limit the Axial Rotation of the Upper Leg on Single- and Multiple-Place Side-Facing Seats, 49869-49871 [2016-17845]
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Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations
10 CFR 430.23(dd). DOE is also
correcting amendatory instruction 10.b.
on page 46792, and the reference to
paragraph (dd) on page 46794. The
effective date for this rule is August 17,
2016.
Correction
In final rule FR Doc. 2016–14389,
published in the issue of Monday, July
18, 2016, (80 FR 46767), the following
corrections are made:
1. On page 46783, first column,
second paragraph, 5th line, the existing
text ‘‘10 CFR 430.23 (dd)’’ is corrected
to read as ‘‘10 CFR 430.23 (ff)’’.
2. On page 46792, third column,
amendatory instruction 10.b. is
corrected to read as follows:
§ 430.23
[Corrected]
10. * * *
b. Adding paragraph (ff).
*
*
*
*
*
3. On page 46794, third column,
second paragraph, ‘‘(dd)’’ is corrected to
read as ‘‘(ff)’’.
■
■
Issued in Washington, DC, on July 21,
2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2016–17752 Filed 7–28–16; 8:45 am]
BILLING CODE 6450–01–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1026
Truth in Lending (Regulation Z)
CFR Correction
In Title 12 of the Code of Federal
Regulations, Parts 1026 to 1099, revised
as of January 1, 2016, on page 749, in
supplement I to part 1026, under section
1026.41,the heading 41(e)(5) Consumers
in bankruptcy and paragraphs 1, 2, and
3 are added to read as follows:
not discharged, a servicer must resume
sending periodic statements in
compliance with § 1026.41 within a
reasonably prompt time after the next
payment due date that follows the
earliest of any of three potential
outcomes in the consumer’s bankruptcy
case: the case is dismissed, the case is
closed, or the consumer receives a
discharge under 11 U.S.C. 727, 1141,
1228, or 1328. However, this
requirement to resume sending periodic
statements does not require a servicer to
communicate with a consumer in a
manner that would be inconsistent with
applicable bankruptcy law or a court
order in a bankruptcy case. To the
extent permitted by such law or court
order, a servicer may adapt the
requirements of § 1026.41 in any
manner believed necessary.
ii. The periodic statement is not
required for any portion of the mortgage
debt that is discharged under applicable
provisions of the U.S. Bankruptcy Code.
If the consumer’s bankruptcy case is
revived—for example if the court
reinstates a previously dismissed case,
reopens the case, or revokes a
discharge—the servicer is again exempt
from the requirement in § 1026.41.
3. Joint obligors. When two or more
consumers are joint obligors with
primary liability on a closed-end
consumer credit transaction secured by
a dwelling subject to § 1026.41, the
exemption in § 1026.41(e)(5) applies if
any of the consumers is in bankruptcy.
For example, if a husband and wife
jointly own a home, and the husband
files for bankruptcy, the servicer is
exempt from providing periodic
statements to both the husband and the
wife.
*
*
*
*
*
[FR Doc. 2016–18050 Filed 7–28–16; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Supplement I to Part 1026—Official
Interpretation
14 CFR Part 25
*
[Docket No. FAA–2016–6925; Special
Conditions No. 25–623–SC]
*
*
*
*
Section 1026.41 Periodic Statements for
Residential Mortgage Loans
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
*
*
*
41(e)(5) Consumers in bankruptcy.
1. Commencing a case. The
requirements of § 1026.41 do not apply
once a petition is filed under Title 11 of
the United States Code, commencing a
case in which the consumer is a debtor.
2. Obligation to resume sending
periodic statements. i. With respect to
any portion of the mortgage debt that is
VerDate Sep<11>2014
17:04 Jul 28, 2016
Jkt 238001
Special Conditions: Embraer S.A.
Model EMB–545 and EMB–550
Airplanes; Installation of an Airbag
System To Limit the Axial Rotation of
the Upper Leg on Single- and MultiplePlace Side-Facing Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
49869
These special conditions are
issued for the Embraer S.A. (Embraer)
Model EMB–545 and EMB–550 series
airplanes. These airplanes will have a
novel or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This feature is an airbag
system designed to limit the axial
rotation of the upper leg on single-place
and multiple-place side-facing seats.
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: This action is effective on
Embraer on July 29, 2016. We must
receive your comments by September
12, 2016.
ADDRESSES: Send comments identified
by docket number FAA–2016–6925
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 9
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
SUMMARY:
E:\FR\FM\29JYR1.SGM
29JYR1
49870
Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations
accessing the docket or go to 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 and Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone 425–227–2194; facsimile
425–227–1320.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
opportunity for prior public comment
on, these special conditions is
impracticable because these procedures
would significantly delay issuance of
the design approval and thus delivery of
the affected airplanes.
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 by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
asabaliauskas on DSK3SPTVN1PROD with RULES
Background
On March 26, 2015, Embraer applied
for a type design change for their new
Model EMB–545 and EMB–550
airplanes. These airplanes, currently
approved under type certificate no.
TC00062IB, are conventional
configurations with low wing and T-tail
empennage. The primary structure is
metal with composite empennage and
control surfaces. The EMB–545 is
designed for a maximum of 9 passengers
and the EMB–550 is designed for a
maximum of 12 passengers. Both are
equipped with two Honeywell
HTF7500–E medium-bypass-ratio
turbofan engines mounted on aftfuselage pylons.
Both airplane models have an interior
configuration that includes single- and
multiple-place side-facing seats (both
seating configurations referred to as
VerDate Sep<11>2014
17:04 Jul 28, 2016
Jkt 238001
Novel or Unusual Design Features
The Model EMB–545 and EMB–550
airplanes will incorporate the following
novel or unusual design features:
An airbag system designed to limit the
axial rotation of the upper leg on singleplace and multiple-place side-facing
seats.
degrees to the direction of airplane
travel), and documented those
requirements in special conditions 25–
495–SC specifically for these airplanes,
including special conditions for the
installation of airbag systems in
shoulder belts. Special condition 2(e) of
those special conditions contain safety
criteria to address the potential for
serious upper-leg injuries.
Serious leg injuries, such as femur
fracture, can occur in aviation sidefacing seats. Such injuries could
threaten the occupant’s life directly or
eliminate the occupant’s ability to
evacuate the airplane. Limiting upperleg axial rotation to a conservative limit
of 35 degrees (approximately the 50percentile range of motion) should limit
the risk of serious leg injury. Research
suggests that the angle of rotation can be
determined by observing lower-leg
flailing in typical high-speed video of
the dynamic tests. Alternately, the
anthropomorphic test dummy could be
instrumented to directly measure upperleg axial rotation. This requirement
complies with the intent of the
§ 25.562(a) injury criteria in preventing
serious leg injury.
To comply with special condition 2(e)
on some seat positions, Embraer
proposes to install leg-flail airbags. This
airbag is not addressed in special
conditions 25–495–SC. Therefore, the
FAA must issue new special conditions
to address this leg-flail airbag
installation. These special conditions
are similar to other special conditions
previously issued for airbags.
The FAA has issued special
conditions in the past for airbag systems
on lap belts for some forward-facing
seats. These special conditions for the
airbag system in the shoulder belt are
based on the previous special
conditions for airbag systems on lap
belts with some changes to address the
specific issues of side-facing seats. The
special conditions are not an
installation approval. Therefore, while
the special conditions relate to each
such system installed, the overall
installation approval is a separate
finding, and must consider the
combined effects of all such systems
installed.
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.
Discussion
The FAA has developed a
methodology to address all fully sidefacing seats (seats positioned in the
airplane with the occupant facing 90
Applicability
As discussed above, these special
conditions are applicable to Model
EMB–545 and EMB–550 airplanes.
Should Embraer apply at a later date for
side-facing seats) that include an airbag
system in the shoulder belt for these
seats, per special conditions no. 25–
495–SC; and an airbag system to limit
the axial rotation of the upper leg
(femur).
Type Certification Basis
Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101,
Embraer must show that the Model
EMB–545 and EMB–550 airplanes meet
the applicable provisions of the
regulations listed in type certificate no.
TC00062IB, or the applicable
regulations in effect on the date of
application for the change, except for
earlier amendments as agreed upon by
the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Model EMB–545 and EMB–550
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, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Model EMB–545 and
EMB–550 airplanes must comply with
the fuel-vent and exhaust-emission
requirements of 14 CFR part 34, and the
noise-certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
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29JYR1
Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations
a change to the type certificate to
include another model incorporating the
same novel or unusual design feature,
these special conditions would apply to
that model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
series of airplanes. It is not a rule of
general applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, 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:
asabaliauskas on DSK3SPTVN1PROD with RULES
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
EMB–550 and Model–545 series
airplanes.
In addition to the requirements of
§§ 25.562 and 25.785, and special
conditions no. 25–495–SC, the
following special conditions are part of
the type certification basis for the
Embraer Model EMB–545 and EMB–550
series airplanes with leg-flail airbags
installed on side-facing seats.
1. For seats with a leg-flail airbag
system, the system must deploy and
provide protection under crash
conditions where it is necessary to
prevent serious injury. The means of
protection must take into consideration
a range of stature from a 2-year-old child
to a 95th-percentile male. At some
buttock popliteal length and effective
seat-bottom depth, the lower legs will
not be able to form a 90-degree angle
relative to the upper leg; at this point,
VerDate Sep<11>2014
17:04 Jul 28, 2016
Jkt 238001
the lower leg flail would not occur. The
leg-flail airbag system must provide a
consistent approach to prevention of leg
flail throughout that range of occupants
whose lower legs can form a 90-degree
angle relative to the upper legs when
seated upright in the seat. Items that
need to be considered include, but are
not limited to, the range of occupants’
popliteal height, the range of occupants’
buttock popliteal length, the design of
the seat effective height above the floor,
and the effective depth of the seatbottom cushion.
2. The leg-flail airbag system must
provide adequate protection for each
occupant regardless of the number of
occupants of the seat assembly,
considering that unoccupied seats may
have an active leg-flail airbag system.
3. The leg-flail airbag system must not
be susceptible to inadvertent
deployment as a result of wear and tear,
or inertial loads resulting from in-flight
or ground maneuvers (including gusts
and hard landings), and other operating
and environmental conditions
(vibrations, moisture, etc.) likely to
occur in service.
4. Deployment of the leg-flail airbag
system must not introduce injury
mechanisms to the seated occupant, or
result in injuries that could impede
rapid egress.
5. Inadvertent deployment of the legflail airbag system, during the most
critical part of the flight, must either
meet the requirement of § 25.1309(b), or
not cause a hazard to the airplane or its
occupants.
6. The leg-flail airbag system must not
impede rapid egress of occupants from
the airplane 10 seconds after airbag
deployment.
7. The leg-flail airbag system must be
protected from lightning and highintensity radiated fields (HIRF). The
threats to the airplane specified in
existing regulations regarding lightning
(§ 25.1316) and HIRF (§ 25.1317) are
incorporated by reference for the
purpose of measuring lightning and
HIRF protection.
8. The leg-flail airbag system must
function properly after loss of normal
airplane electrical power, and after a
transverse separation of the fuselage at
the most critical location. A separation
at the location of the leg-flail airbag
system does not have to be considered.
9. The leg-flail airbag system must not
release hazardous quantities of gas or
particulate matter into the cabin.
10. The leg-flail airbag system
installation must be protected from the
effects of fire such that no hazard to
occupants will result.
11. A means must be available to
verify the integrity of the leg-flail airbag
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Fmt 4700
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49871
system’s activation system prior to each
flight, or the leg-flail airbag system’s
activation system must reliably operate
between inspection intervals. The FAA
considers that the loss of the leg-flail
airbag system’s deployment function
alone (i.e., independent of the
conditional event that requires the legflail airbag system’s deployment) is a
major-failure condition.
12. The airbag inflatable material may
not have an average burn rate of greater
than 2.5 inches per minute when tested
using the horizontal flammability test
defined in part 25, appendix F, part I,
paragraph (b)(5).
13. The leg-flail airbag system, once
deployed, must not adversely affect the
emergency-lighting system (i.e., block
floor-proximity lights to the extent that
the lights no longer meet their intended
function).
Issued in Renton, Washington, on July 21,
2016.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–17845 Filed 7–28–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–8246; Special
Conditions No. 25–624–SC]
Special Conditions: ATR Model ATR–
42–200/–300/–320/–500 and ATR–72–
102/–202/–212/–212A Airplanes; Seats
With Non-Traditional, Large, NonMetallic Panels
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for ATR Model ATR–42–200/–
300/–320/–500 and ATR–72–102/–202/
–212/–212A airplanes. These airplanes
will have a novel or unusual design
feature when compared to the state of
technology envisioned in the
airworthiness standards for transportcategory airplanes. This design feature
is seats with non-traditional, large, nonmetallic panels. 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.
SUMMARY:
E:\FR\FM\29JYR1.SGM
29JYR1
Agencies
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49869-49871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17845]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2016-6925; Special Conditions No. 25-623-SC]
Special Conditions: Embraer S.A. Model EMB-545 and EMB-550
Airplanes; Installation of an Airbag System To Limit the Axial Rotation
of the Upper Leg on Single- and Multiple-Place Side-Facing Seats
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer S.A.
(Embraer) Model EMB-545 and EMB-550 series airplanes. These airplanes
will have a novel or unusual design feature when compared to the state
of technology envisioned in the airworthiness standards for transport-
category airplanes. This feature is an airbag system designed to limit
the axial rotation of the upper leg on single-place and multiple-place
side-facing seats. 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: This action is effective on Embraer on July 29, 2016. We must
receive your comments by September 12, 2016.
ADDRESSES: Send comments identified by docket number FAA-2016-6925
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 9 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
[[Page 49870]]
accessing the docket or go to 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 and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2194; facsimile 425-227-1320.
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplanes.
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 by the closing date for
comments. We may change these special conditions based on the comments
we receive.
Background
On March 26, 2015, Embraer applied for a type design change for
their new Model EMB-545 and EMB-550 airplanes. These airplanes,
currently approved under type certificate no. TC00062IB, are
conventional configurations with low wing and T-tail empennage. The
primary structure is metal with composite empennage and control
surfaces. The EMB-545 is designed for a maximum of 9 passengers and the
EMB-550 is designed for a maximum of 12 passengers. Both are equipped
with two Honeywell HTF7500-E medium-bypass-ratio turbofan engines
mounted on aft-fuselage pylons.
Both airplane models have an interior configuration that includes
single- and multiple-place side-facing seats (both seating
configurations referred to as side-facing seats) that include an airbag
system in the shoulder belt for these seats, per special conditions no.
25-495-SC; and an airbag system to limit the axial rotation of the
upper leg (femur).
Type Certification Basis
Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Embraer must show that the Model EMB-545 and EMB-550
airplanes meet the applicable provisions of the regulations listed in
type certificate no. TC00062IB, or the applicable regulations in effect
on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model EMB-545 and EMB-550
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, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Model EMB-545 and EMB-550 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 Model EMB-545 and EMB-550 airplanes will incorporate the
following novel or unusual design features:
An airbag system designed to limit the axial rotation of the upper
leg on single-place and multiple-place side-facing seats.
Discussion
The FAA has developed a methodology to address all fully side-
facing seats (seats positioned in the airplane with the occupant facing
90 degrees to the direction of airplane travel), and documented those
requirements in special conditions 25-495-SC specifically for these
airplanes, including special conditions for the installation of airbag
systems in shoulder belts. Special condition 2(e) of those special
conditions contain safety criteria to address the potential for serious
upper-leg injuries.
Serious leg injuries, such as femur fracture, can occur in aviation
side-facing seats. Such injuries could threaten the occupant's life
directly or eliminate the occupant's ability to evacuate the airplane.
Limiting upper-leg axial rotation to a conservative limit of 35 degrees
(approximately the 50-percentile range of motion) should limit the risk
of serious leg injury. Research suggests that the angle of rotation can
be determined by observing lower-leg flailing in typical high-speed
video of the dynamic tests. Alternately, the anthropomorphic test dummy
could be instrumented to directly measure upper-leg axial rotation.
This requirement complies with the intent of the Sec. 25.562(a) injury
criteria in preventing serious leg injury.
To comply with special condition 2(e) on some seat positions,
Embraer proposes to install leg-flail airbags. This airbag is not
addressed in special conditions 25-495-SC. Therefore, the FAA must
issue new special conditions to address this leg-flail airbag
installation. These special conditions are similar to other special
conditions previously issued for airbags.
The FAA has issued special conditions in the past for airbag
systems on lap belts for some forward-facing seats. These special
conditions for the airbag system in the shoulder belt are based on the
previous special conditions for airbag systems on lap belts with some
changes to address the specific issues of side-facing seats. The
special conditions are not an installation approval. Therefore, while
the special conditions relate to each such system installed, the
overall installation approval is a separate finding, and must consider
the combined effects of all such systems installed.
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.
Applicability
As discussed above, these special conditions are applicable to
Model EMB-545 and EMB-550 airplanes. Should Embraer apply at a later
date for
[[Page 49871]]
a change to the type certificate to include another model incorporating
the same novel or unusual design feature, these special conditions
would apply to that model as well.
Conclusion
This action affects only certain novel or unusual design features
on one model series of airplanes. It is not a rule of general
applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, 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 EMB-550 and Model-545
series airplanes.
In addition to the requirements of Sec. Sec. 25.562 and 25.785,
and special conditions no. 25-495-SC, the following special conditions
are part of the type certification basis for the Embraer Model EMB-545
and EMB-550 series airplanes with leg-flail airbags installed on side-
facing seats.
1. For seats with a leg-flail airbag system, the system must deploy
and provide protection under crash conditions where it is necessary to
prevent serious injury. The means of protection must take into
consideration a range of stature from a 2-year-old child to a 95th-
percentile male. At some buttock popliteal length and effective seat-
bottom depth, the lower legs will not be able to form a 90-degree angle
relative to the upper leg; at this point, the lower leg flail would not
occur. The leg-flail airbag system must provide a consistent approach
to prevention of leg flail throughout that range of occupants whose
lower legs can form a 90-degree angle relative to the upper legs when
seated upright in the seat. Items that need to be considered include,
but are not limited to, the range of occupants' popliteal height, the
range of occupants' buttock popliteal length, the design of the seat
effective height above the floor, and the effective depth of the seat-
bottom cushion.
2. The leg-flail airbag system must provide adequate protection for
each occupant regardless of the number of occupants of the seat
assembly, considering that unoccupied seats may have an active leg-
flail airbag system.
3. The leg-flail airbag system must not be susceptible to
inadvertent deployment as a result of wear and tear, or inertial loads
resulting from in-flight or ground maneuvers (including gusts and hard
landings), and other operating and environmental conditions
(vibrations, moisture, etc.) likely to occur in service.
4. Deployment of the leg-flail airbag system must not introduce
injury mechanisms to the seated occupant, or result in injuries that
could impede rapid egress.
5. Inadvertent deployment of the leg-flail airbag system, during
the most critical part of the flight, must either meet the requirement
of Sec. 25.1309(b), or not cause a hazard to the airplane or its
occupants.
6. The leg-flail airbag system must not impede rapid egress of
occupants from the airplane 10 seconds after airbag deployment.
7. The leg-flail airbag system must be protected from lightning and
high-intensity radiated fields (HIRF). The threats to the airplane
specified in existing regulations regarding lightning (Sec. 25.1316)
and HIRF (Sec. 25.1317) are incorporated by reference for the purpose
of measuring lightning and HIRF protection.
8. The leg-flail airbag system must function properly after loss of
normal airplane electrical power, and after a transverse separation of
the fuselage at the most critical location. A separation at the
location of the leg-flail airbag system does not have to be considered.
9. The leg-flail airbag system must not release hazardous
quantities of gas or particulate matter into the cabin.
10. The leg-flail airbag system installation must be protected from
the effects of fire such that no hazard to occupants will result.
11. A means must be available to verify the integrity of the leg-
flail airbag system's activation system prior to each flight, or the
leg-flail airbag system's activation system must reliably operate
between inspection intervals. The FAA considers that the loss of the
leg-flail airbag system's deployment function alone (i.e., independent
of the conditional event that requires the leg-flail airbag system's
deployment) is a major-failure condition.
12. The airbag inflatable material may not have an average burn
rate of greater than 2.5 inches per minute when tested using the
horizontal flammability test defined in part 25, appendix F, part I,
paragraph (b)(5).
13. The leg-flail airbag system, once deployed, must not adversely
affect the emergency-lighting system (i.e., block floor-proximity
lights to the extent that the lights no longer meet their intended
function).
Issued in Renton, Washington, on July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-17845 Filed 7-28-16; 8:45 am]
BILLING CODE 4910-13-P