Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device, 67093-67097 [2016-23564]

Download as PDF Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 13 CFR Part 125 13 CFR Part 121 RIN 3245–AG20 Government contracts, Government procurement, Reporting and recordkeeping requirements, Small businesses, Technical assistance, Veterans. Accordingly, 13 CFR part 125 is corrected by making the following correcting amendments: SMALL BUSINESS ADMINISTRATION U.S. Small Business Administration. ACTION: Final rule; correction. The U.S. Small Business Administration (SBA) is correcting a final rule that appeared in the Federal Register on October 2, 2013 (78 FR 61113). The rule, which described how supply procurements should be classified, mistakenly attempted to amend a regulation by removing words that did not exist in the particular paragraph. This document corrects that rule document by removing the instruction. SUMMARY: Effective September 30, 2016. FOR FURTHER INFORMATION CONTACT: asabaliauskas on DSK3SPTVN1PROD with RULES Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments BILLING CODE 8025–01–P AGENCY: Michael McLaughlin, Office of Policy, Planning & Liaison, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416; 202–205–5353; michael.mclaughlin@sba.gov. SUPPLEMENTARY INFORMATION: On June 28, 2013, SBA published a rule in the Federal Register at 78 FR 38811 that amended § 121.404(b) by removing ‘‘and the date of certification by SBA’’ and adding in its place ‘‘and, where applicable, the date the SBA program office requests a formal size determination in connection with a concern that otherwise appears eligible for program certification.’’ The final rule published on October 2, 2013, (78 FR 61113) intended to amend 13 CFR 121.404(b) by removing ‘‘date of certification by SBA’’ and adding in its place ‘‘date the Director of the Division of Program Certification and Eligibility or the Associate Administrator for Business Development requests a formal size determination in connection with a concern that is otherwise eligible for program certification.’’ However, the amendment could not be implemented because at that point the words to be removed did not exist in § 121.404(b). Therefore, SBA is removing that instruction from the final rule published on October 2, 2013. In the FR Rule Doc. No. 2016–22064 in the issue of October 2, 2013, beginning on page 61113, make the following correction: ■ On page 61131, first column, remove amendatory instruction number 4c. 18:28 Sep 29, 2016 List of Subjects in 13 CFR Part 125 [FR Doc. 2016–23480 Filed 9–29–16; 8:45 am] Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation VerDate Sep<11>2014 is consistent with 13 CFR 12.5(f) which provides that the limitations on subcontracting do not apply to small business set aside contracts with a value greater than $3,500 but not $150,000, and 13 CFR 121.406(d) which provides that the performance requirements (limitations on subcontracting) do not apply to small business set-aside acquisitions with an estimated value between $3,500 and $150,000. RIN 3245–AG58 SMALL BUSINESS ADMINISTRATION DATES: Dated: September 21, 2016. A. John Shoraka, Associate Administrator for Government Contracting and Business Development. Jkt 238001 67093 U.S. Small Business Administration. ACTION: Correcting amendments. AGENCY: The U.S. Small Business Administration (SBA) is correcting a final rule that appeared in the Federal Register on May 31, 2016 (81 FR 34243). The rule described the limitations on subcontracting that apply to set aside contracts. The rule provides that the limitations on subcontracting apply to small business set asides above $150,000 and to 8(a), HUBZone, Service-Disabled and Veteran-Owned (SDVO) or Women-Owned Small Business (WOSB) set asides. The $150,000 threshold appears twice in 13 CFR 125.6(a), and thus could be misinterpreted as applying the threshold to 8(a), HUBZone, SDVO or WOSB set-asides. This action deletes the second $150,000 threshold that appears in 13 CFR 125.6(a). DATES: Effective September 30, 2016. FOR FURTHER INFORMATION CONTACT: Michael McLaughlin, Office of Policy, Planning & Liaison, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416; 202–205–5353; michael.mclaughlin@sba.gov. SUPPLEMENTARY INFORMATION: The U.S. Small Business Administration (SBA) is correcting a final rule that appeared in the Federal Register on May 31, 2016 (81 FR 34243). The rule described the limitations on subcontracting that apply to set aside contracts. The rule provides that the limitations on subcontracting apply to small business set asides above $150,000 and to 8(a), HUBZone, Service-Disabled and Veteran-Owned (SDVO) or Women-Owned Small Business (WOSB) set asides. The $150,000 threshold appears twice in 13 CFR 125.6(a), and thus could be misinterpreted as applying the threshold to 8(a), HUBZone, SDVO or WOSB set-asides. This action deletes the second $150,000 threshold that appears in 13 CFR 125.6(a). This action SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 PART 125—GOVERNMENT CONTRACTING PROGRAMS 1. The authority citation for part 125 continues to read as follows: ■ Authority: 15 U.S.C. 632(p), (q); 634(b)(6); 637; 644; 657f; 657r. 2. Amend § 125.6 by revising paragraph (a) introductory text to read as follows: ■ § 125.6 What are the prime contractor’s limitations on subcontracting? (a) General. In order to be awarded a full or partial small business set-aside contract with a value greater than $150,000, an 8(a) contract, an SDVO SBC contract, a HUBZone contract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, a small business concern must agree that: * * * * * Dated: September 15, 2016. A. John Shoraka, Associate Administrator for Government Contracting and Business Development. [FR Doc. 2016–23374 Filed 9–29–16; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. FAA–2016–9172; Special Conditions No. 23–276–SC] Special Conditions: DAHER–SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device Federal Aviation Administration (FAA), DOT. AGENCY: E:\FR\FM\30SER1.SGM 30SER1 67094 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations Final special conditions; request for comments. ACTION: These special conditions are issued for the installation of an inflatable four-point restraint safety belt with an integrated airbag device at the pilot and copilot seats on the DAHER– SOCATA, Model TBM 700 airplane. These airplanes, as modified by the installation of these inflatable safety belts, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belts, which contain an integrated airbag device. 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: The effective date of these special conditions is September 30, 2016. We must receive your comments by October 31, 2016. DATES: Send comments identified by docket number FAA–2016–9172 using any of the following methods: ADDRESSES: • Federal eRegulations Portal: Go to http://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 of 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 http://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 Special condition No. on April 11, 2000 (65 FR 19477–19478), as well as at http://DocketsInfo.dot.gov. Docket: Background documents or comments received may be read at http://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: Mr. Bob Stegeman, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE–111, 901 Locust, Room 301, Kansas City, MO; telephone (816)–329– 4140; facsimile (816)–329–4090. SUPPLEMENTARY INFORMATION: The FAA has determined, in accordance with 5 U.S.C. 553(b)(3)(B) and 553(d)(3), that notice and opportunity for prior public comment hereon are unnecessary because the substance of this special condition has been subject to the public comment process in several prior instances with no substantive comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective upon issuance. Company/airplane model 23–03–01–SC 1 .................................................. 23–03–022–SC 2 ................................................ 23–04–01–SC 3 .................................................. AMSAFE, Incorporated, Model CH2000. Goodrich Aircraft Interior Products, Models AT–401, AT–402, AT–502, AT–602, and AT–802. AMSAFE, Incorporated, Models A1, A1A, and A1B. asabaliauskas on DSK3SPTVN1PROD with RULES 1 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/A5B140165998E8B586256D66005553C5?OpenDocument&Highlight= inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag. 2 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/8122AF4A25F6F8BE86256C83005FF817?OpenDocument&Highlight= inflatable%20four-point%20restraint%20safety%20belt%20with%20an%20integrated%20airbag. 3 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/262C53C9CF0F4FFF86256F08004F5D26?OpenDocument&Highlight= inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. Background On January 5, 2016, DAHER– SOCATA (SOCATA) applied for FAA validation for the optional installation of a four-point safety belt restraint VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 system for the pilot and copilot seats and incorporating integrated inflatable airbags for both on the Model TBM 700 airplane. The Model TBM 700 airplane is a single-engine powering a four bladed turbopropellor. It has a maximum takeoff weight of 6578 pounds (2984 kg). In addition to a pilot and copilot, it can seat up to five passengers. The inflatable restraint systems are four-point safety belt restraint systems consisting of a lap belt and shoulder harness with an inflatable airbag attached to the shoulder harness straps. The inflatable portion of the restraint system will rely on sensors electronically activating the inflator for deployment. If an emergency landing occurs, the airbags will inflate and provide a protective cushion between the head of the occupant (pilot and copilot) and the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 structure of the airplane. This will reduce the potential for head and torso injury. The inflatable restraint behaves in a manner similar to an automotive airbag; however, the airbag is integrated into the shoulder harness straps. Airbags and inflatable restraints are standard in the automotive industry; the use of an inflatable restraint system is novel for general aviation. The FAA has determined that this project will be accomplished on the basis of providing the same level of safety as the current certification requirements of airplane occupant restraint systems. The FAA has the following two primary safety concerns with the installation of airbags or inflatable restraints that— 1. They perform properly under foreseeable operating conditions; and 2. They do not perform in a manner or at such times as to impede the pilot’s E:\FR\FM\30SER1.SGM 30SER1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations ability to maintain control of the airplane or constitute a hazard to the airplane or occupants. The latter point has the potential to be the more rigorous of the requirements. An unexpected deployment while conducting the takeoff or landing phases of flight may result in an unsafe condition. The unexpected deployment may either startle the pilot or generate a force sufficient to cause a sudden movement of the control yoke. Both actions may result in a loss of control of the airplane. The consequences are magnified due to the low operating altitudes during these phases of flight. The FAA has considered this when establishing these special conditions. The inflatable restraint system relies on sensors to electronically activate the inflator for deployment. These sensors could be susceptible to inadvertent activation, causing deployment in a potentially unsafe manner. The consequences of an inadvertent deployment must be considered in establishing the reliability of the system. SOCATA must show that the effects of an inadvertent deployment in flight are not a hazard to the airplane and that an inadvertent deployment is extremely improbable. In addition, general aviation aircraft are susceptible to a large amount of cumulative wear and tear on a restraint system. The potential for inadvertent deployment may increase as a result of this cumulative damage. Therefore, the impact of wear and tear resulting with an inadvertent deployment must be considered. The effect of this cumulative damage means duration of life expectations must be established for the appropriate system components in the restraint system design. There are additional factors to be considered to minimize the chances of inadvertent deployment. General aviation airplanes are exposed to a unique operating environment, since the same airplane may be used by both experienced and student pilots. The effect of this environment on inadvertent deployment must be understood. Therefore, qualification testing of the firing hardware and software must consider the following— 1. The airplane vibration levels appropriate for a general aviation airplane; and 2. The inertial loads that result from typical flight or ground maneuvers, including gusts and hard landings. Any tendency for the firing mechanism to activate as a result of these loads or acceleration levels is unacceptable. Other influences on inadvertent deployment include High-Intensity VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 Radiated Fields (HIRF) and lightning. Since the sensors that trigger deployment are electronic, they must be protected from the effects of these threats. To comply with HIRF and lightning requirements, the inflatable restraint system is considered a critical system, since its inadvertent deployment could have a hazardous affect on the airplane. Given the level of safety of the occupant restraints currently installed, the inflatable restraint system must show that it will offer an equivalent level of protection for an emergency landing. If an inadvertent deployment occurs, the restraint must still be at least as strong as a Technical Standard Order approved belt and shoulder harnesses. There is no requirement for the inflatable portion of the restraint to offer protection during multiple impacts, where more than one impact would require protection. Where installed, the inflatable restraint system must deploy and provide protection for each occupant under an emergency landing condition. The Model TBM 700 airplane seats are certificated to the structural requirements of § 23.562; therefore, the test emergency landing pulses identified in § 23.562 must be used to satisfy this requirement. A wide range of occupants may use the inflatable restraint; therefore, the protection offered by this restraint should be effective for occupants that range from the fifth percentile female to the ninety-fifth percentile male. Energy absorption must be performed in a consistent manner for this occupant range. In support of this operational capability, there must be a means to verify the integrity of this system before each flight. SOCATA may establish inspection intervals where they have demonstrated the system to be reliable between these intervals. An inflatable restraint may be armed even though no occupant is using the seat. While there will be means to verify the integrity of the system before flight, it is also prudent to require unoccupied seats with active restraints not pose a hazard to any occupant. This will protect any individual performing maintenance inside the cockpit while the aircraft is on the ground. The restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. The design must also prevent the inflatable seatbelt from being incorrectly buckled or installed to avoid hindering proper deployment of the airbag. SOCATA may show that such PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 67095 deployment is not hazardous to the occupant and will still provide the required protection. The cabins of the SOCATA, Model TBM 700 airplane identified in these special conditions are confined areas, and the FAA is concerned that noxious gasses may accumulate if the airbag deploys. When deployment occurs, either by design or inadvertently, there must not be a release of hazardous quantities of gas or particulate matter into the cockpit. An inflatable restraint should not increase the risk already associated with fire. The inflatable restraint should be protected from the effects of fire to avoid creating an additional hazard such as, a rupture of the inflator, for example. Finally, the airbag is likely to have a large volume displacement, and possibly impede the egress of an occupant. Since the bag deflates to absorb energy, it is likely that the inflatable restraint would be deflated at the time an occupant would attempt egress. However, it is appropriate to specify a time interval after which the inflatable restraint may not impede rapid egress. Ten seconds has been chosen as reasonable time. This time limit offers a level of protection throughout an impact event. Type Certification Basis Under the provisions of 14 CFR 21.17, SOCATA must show that the Model TBM 700 airplane continues to meet the applicable provisions of the applicable regulations in effect on the date of application for the type certificate. The regulations incorporated by reference in the type certificate are commonly referred to as the original type certification basis. The certification basis also includes all exemptions, if any; equivalent level of safety findings, if any; and special conditions not relevant to the special conditions adopted by this rulemaking action. If the Administrator determines that the applicable airworthiness regulations (i.e., 14 CFR part 23) do not contain adequate or appropriate safety standards for the inflatable restraint, as installed on the SOCATA, Model TBM 700 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Model TBM 700 airplane 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, and the E:\FR\FM\30SER1.SGM 30SER1 67096 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations FAA must issue a finding of regulatory adequacy under section 611 of Public Law 92–574, the Noise Control Act of 1972. The FAA issues special conditions, as defined in § 11.19, under § 11.38 and they become part of the type certification basis under § 21.17(a)(2). Special conditions are initially applicable to the models 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. asabaliauskas on DSK3SPTVN1PROD with RULES Novel or Unusual Design Features The SOCATA, Model TBM 700 airplane will incorporate the following novel or unusual design feature: Installation of inflatable four-point restraint safety belt with an integrated airbag device for the pilot and copilot seats. Discussion The purpose of the airbag is to reduce the potential for injury in the event of an accident. In a severe impact, an airbag will deploy from the shoulder harness in a manner similar to an automotive airbag. The airbag will deploy between the head of the occupant and airplane interior structure, which will provide some protection to the head of the occupant. The restraint will rely on sensors to electronically activate the inflator for deployment. The Code of Federal Regulations states performance criteria for seats and restraints in an objective manner. However, none of these criteria are adequate to address the specific issues raised concerning inflatable restraints. Therefore, the FAA has determined that in addition to the requirements of part 21 and part 23, special conditions are needed to address the installation of this inflatable restraint. Accordingly, these special conditions are adopted for the SOCATA, Model TBM 700 airplanes equipped with fourpoint inflatable restraints. Other conditions may be developed, as needed, based on further FAA review and discussions with the manufacturer and civil aviation authorities. Applicability As discussed above, these special conditions are applicable to the SOCATA, Model TBM 700 airplane. Should SOCATA apply at a later date for a change to the type certificate to VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model of airplanes. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. 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 certification date for the SOCATA, Model TBM 700 airplane is imminent, the FAA finds that good cause exists to make these special conditions effective upon issuance. The substance of these special conditions has been subjected to the notice and comment period in several prior instances, identified above, 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, notice and opportunity for prior public comment hereon are unnecessary and the FAA finds good cause, in accordance with 5 U.S.C. 553(b)(3)(B) and 553(d)(3), making these special conditions effective upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.17; and 14 CFR 11.38 and 11.19. The Special Conditions The FAA has determined that this project will be accomplished on the basis of not lowering the current level of safety of the SOCATA, Model TBM 700 airplane occupant restraint systems. 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 the SOCATA, Model TBM 700 airplane. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 1. Installation of inflatable four-point restraint safety belt with an integrated airbag device. a. It must be shown that the inflatable restraint will deploy and provide protection under emergency landing conditions. Compliance will be demonstrated using the dynamic test condition specified in § 23.562(b)(2). It is not necessary to account for floor warpage, as required by § 23.562(b)(3), or vertical dynamic loads, as required by § 23.562(b)(1). The means of protection must take into consideration a range of stature from a 5th percentile female to a 95th percentile male. The inflatable restraint must provide a consistent approach to energy absorption throughout that range. b. The inflatable restraint must provide adequate protection for the occupant. In addition, unoccupied seats that have an active restraint must not constitute a hazard to any occupant. c. The design must prevent the inflatable restraint from being incorrectly buckled and incorrectly installed, such that the airbag would not properly deploy. It must be shown that such deployment is not hazardous to the occupant and will provide the required protection. d. It must be shown that the inflatable restraint system is not susceptible to inadvertent deployment as a result of wear and tear or the inertial loads resulting from in-flight or ground maneuvers (including gusts and hard landings) that are likely to be experienced in service. e. It must be extremely improbable for an inadvertent deployment of the restraint system to occur, or an inadvertent deployment must not impede the pilot’s ability to maintain control of the airplane or cause an unsafe condition or hazard to the airplane. In addition, a deployed inflatable restraint must be at least as strong as a Technical Standard Order, TSO–C114, certificated belt and shoulder harness. f. It must be shown that deployment of the inflatable restraint system is not hazardous to the occupant or will not result in injuries that could impede rapid egress. This assessment should include occupants whose restraint is loosely fastened. g. It must be shown that an inadvertent deployment that could cause injury to a standing or sitting person is improbable. In addition, the restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. h. It must be shown that the inflatable restraint will not impede rapid egress of E:\FR\FM\30SER1.SGM 30SER1 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations the occupants 10 seconds after its deployment. i. To comply with HIRF and lightning requirements, the inflatable restraint system is considered a critical system since its deployment could have a hazardous affect on the airplane. j. It must be shown that the inflatable restraints will not release hazardous quantities of gas or particulate matter into the cabin. k. The inflatable restraint system installation must be protected from the effects of fire such that no hazard to occupants will result. l. There must be a means to verify the integrity of the inflatable restraint activation system before each flight or it must be demonstrated to reliably operate between inspection intervals. m. A life limit must be established for appropriate system components. n. Qualification testing of the internal firing mechanism must be performed at vibration levels appropriate for a general aviation airplane. Issued in Kansas City, Missouri, on September 22, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–23564 Filed 9–29–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2016–9225; Special Conditions No. 25–639–SC] Special Conditions: Embraer S.A., Model ERJ 190–300 Series Airplanes; Electronic Flight Control System: Control Surface Position Awareness, Multiple Modes of Operation Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Embraer S.A. Model ERJ 190–300 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 design feature is a fly-by-wire electronic flight control system (EFCS) and no direct coupling from the flight deck controller to the control surface. As a result, the pilot is not aware of the actual control surface position. The applicable airworthiness regulations do not contain adequate or asabaliauskas on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 18:28 Sep 29, 2016 Jkt 238001 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 S.A. on September 30, 2016. We must receive your comments by November 14, 2016. ADDRESSES: Send comments identified by docket number FAA–2016–9225 using any of the following methods: • Federal eRegulations Portal: Go to http://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 http://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 http://DocketsInfo .dot.gov/. Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for 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: Joe Jacobsen, FAA, Airplane and Flightcrew Interface Branch, ANM–111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone 425–227–2011; facsimile 425–227–1149. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 67097 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. SUPPLEMENTARY INFORMATION: 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 September 13, 2013, Embraer S.A. applied for an amendment to Type Certificate (TC) No. A57NM to include the new Model ERJ 190–300 series airplanes. The ERJ 190–300, which is a derivative of the ERJ 190–100 STD currently approved under TC No. A57NM, is a 97–114 passenger transport category airplane with two Pratt & Whitney Model PW1900G engines, a new wing design with a high aspect ratio and raked wingtip, and digital flyby-wire EFCS with closed loop control for all surfaces and with full envelope protection. The EFCS technology has outpaced the current airworthiness standards; therefore, the FAA required special conditions to ensure appropriate mode recognition by the flightcrew for events that significantly change the operating mode of the EFCS. Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Embraer S.A. must show that the ERJ 190–300 meets the applicable provisions of the regulations listed in Type Certificate No. A57NM or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. Embraer S.A. must show that the ERJ 190–300 meets the applicable provisions of 14 CFR part 25, as amended by Amendments 25–1 through 25–137. 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 ERJ 190–300 because of a novel E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67093-67097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23564]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9172; Special Conditions No. 23-276-SC]


Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-
Point Restraint Safety Belt With an Integrated Airbag Device

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 67094]]


ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the installation of an 
inflatable four-point restraint safety belt with an integrated airbag 
device at the pilot and copilot seats on the DAHER-SOCATA, Model TBM 
700 airplane. These airplanes, as modified by the installation of these 
inflatable safety belts, will have novel and unusual design features 
associated with the upper-torso restraint portions of the four-point 
safety belts, which contain an integrated airbag device. 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 September 30, 
2016. We must receive your comments by October 31, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9172 
using any of the following methods:
     Federal eRegulations Portal: Go to http://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 of 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 http://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 http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://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: Mr. Bob Stegeman, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, MO; telephone 
(816)-329-4140; facsimile (816)-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined, in accordance with 5 
U.S.C. 553(b)(3)(B) and 553(d)(3), that notice and opportunity for 
prior public comment hereon are unnecessary because the substance of 
this special condition has been subject to the public comment process 
in several prior instances with no substantive comments received. The 
FAA, therefore, finds that good cause exists for making these special 
conditions effective upon issuance.

------------------------------------------------------------------------
         Special condition No.               Company/airplane model
------------------------------------------------------------------------
23-03-01-SC \1\.......................  AMSAFE, Incorporated, Model
                                         CH2000.
23-03-022-SC \2\......................  Goodrich Aircraft Interior
                                         Products, Models AT-401, AT-
                                         402, AT-502, AT-602, and AT-
                                         802.
23-04-01-SC \3\.......................  AMSAFE, Incorporated, Models A1,
                                         A1A, and A1B.
------------------------------------------------------------------------
\1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/A5B140165998E8B586256D66005553C5?OpenDocument&Highlight=inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
\2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/8122AF4A25F6F8BE86256C83005FF817?OpenDocument&Highlight=inflatable%20four-point%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
\3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/262C53C9CF0F4FFF86256F08004F5D26?OpenDocument&Highlight=inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On January 5, 2016, DAHER-SOCATA (SOCATA) applied for FAA 
validation for the optional installation of a four-point safety belt 
restraint system for the pilot and copilot seats and incorporating 
integrated inflatable airbags for both on the Model TBM 700 airplane. 
The Model TBM 700 airplane is a single-engine powering a four bladed 
turbopropellor. It has a maximum takeoff weight of 6578 pounds (2984 
kg). In addition to a pilot and copilot, it can seat up to five 
passengers.
    The inflatable restraint systems are four-point safety belt 
restraint systems consisting of a lap belt and shoulder harness with an 
inflatable airbag attached to the shoulder harness straps. The 
inflatable portion of the restraint system will rely on sensors 
electronically activating the inflator for deployment.
    If an emergency landing occurs, the airbags will inflate and 
provide a protective cushion between the head of the occupant (pilot 
and copilot) and the structure of the airplane. This will reduce the 
potential for head and torso injury. The inflatable restraint behaves 
in a manner similar to an automotive airbag; however, the airbag is 
integrated into the shoulder harness straps. Airbags and inflatable 
restraints are standard in the automotive industry; the use of an 
inflatable restraint system is novel for general aviation.
    The FAA has determined that this project will be accomplished on 
the basis of providing the same level of safety as the current 
certification requirements of airplane occupant restraint systems. The 
FAA has the following two primary safety concerns with the installation 
of airbags or inflatable restraints that--
    1. They perform properly under foreseeable operating conditions; 
and
    2. They do not perform in a manner or at such times as to impede 
the pilot's

[[Page 67095]]

ability to maintain control of the airplane or constitute a hazard to 
the airplane or occupants.
    The latter point has the potential to be the more rigorous of the 
requirements. An unexpected deployment while conducting the takeoff or 
landing phases of flight may result in an unsafe condition. The 
unexpected deployment may either startle the pilot or generate a force 
sufficient to cause a sudden movement of the control yoke. Both actions 
may result in a loss of control of the airplane. The consequences are 
magnified due to the low operating altitudes during these phases of 
flight. The FAA has considered this when establishing these special 
conditions.
    The inflatable restraint system relies on sensors to electronically 
activate the inflator for deployment. These sensors could be 
susceptible to inadvertent activation, causing deployment in a 
potentially unsafe manner. The consequences of an inadvertent 
deployment must be considered in establishing the reliability of the 
system. SOCATA must show that the effects of an inadvertent deployment 
in flight are not a hazard to the airplane and that an inadvertent 
deployment is extremely improbable. In addition, general aviation 
aircraft are susceptible to a large amount of cumulative wear and tear 
on a restraint system. The potential for inadvertent deployment may 
increase as a result of this cumulative damage. Therefore, the impact 
of wear and tear resulting with an inadvertent deployment must be 
considered. The effect of this cumulative damage means duration of life 
expectations must be established for the appropriate system components 
in the restraint system design.
    There are additional factors to be considered to minimize the 
chances of inadvertent deployment. General aviation airplanes are 
exposed to a unique operating environment, since the same airplane may 
be used by both experienced and student pilots. The effect of this 
environment on inadvertent deployment must be understood. Therefore, 
qualification testing of the firing hardware and software must consider 
the following--
    1. The airplane vibration levels appropriate for a general aviation 
airplane; and
    2. The inertial loads that result from typical flight or ground 
maneuvers, including gusts and hard landings.

Any tendency for the firing mechanism to activate as a result of these 
loads or acceleration levels is unacceptable.
    Other influences on inadvertent deployment include High-Intensity 
Radiated Fields (HIRF) and lightning. Since the sensors that trigger 
deployment are electronic, they must be protected from the effects of 
these threats. To comply with HIRF and lightning requirements, the 
inflatable restraint system is considered a critical system, since its 
inadvertent deployment could have a hazardous affect on the airplane.
    Given the level of safety of the occupant restraints currently 
installed, the inflatable restraint system must show that it will offer 
an equivalent level of protection for an emergency landing. If an 
inadvertent deployment occurs, the restraint must still be at least as 
strong as a Technical Standard Order approved belt and shoulder 
harnesses. There is no requirement for the inflatable portion of the 
restraint to offer protection during multiple impacts, where more than 
one impact would require protection.
    Where installed, the inflatable restraint system must deploy and 
provide protection for each occupant under an emergency landing 
condition. The Model TBM 700 airplane seats are certificated to the 
structural requirements of Sec.  23.562; therefore, the test emergency 
landing pulses identified in Sec.  23.562 must be used to satisfy this 
requirement.
    A wide range of occupants may use the inflatable restraint; 
therefore, the protection offered by this restraint should be effective 
for occupants that range from the fifth percentile female to the 
ninety-fifth percentile male. Energy absorption must be performed in a 
consistent manner for this occupant range.
    In support of this operational capability, there must be a means to 
verify the integrity of this system before each flight. SOCATA may 
establish inspection intervals where they have demonstrated the system 
to be reliable between these intervals.
    An inflatable restraint may be armed even though no occupant is 
using the seat. While there will be means to verify the integrity of 
the system before flight, it is also prudent to require unoccupied 
seats with active restraints not pose a hazard to any occupant. This 
will protect any individual performing maintenance inside the cockpit 
while the aircraft is on the ground. The restraint must also provide 
suitable visual warnings that would alert rescue personnel to the 
presence of an inflatable restraint system.
    The design must also prevent the inflatable seatbelt from being 
incorrectly buckled or installed to avoid hindering proper deployment 
of the airbag. SOCATA may show that such deployment is not hazardous to 
the occupant and will still provide the required protection.
    The cabins of the SOCATA, Model TBM 700 airplane identified in 
these special conditions are confined areas, and the FAA is concerned 
that noxious gasses may accumulate if the airbag deploys. When 
deployment occurs, either by design or inadvertently, there must not be 
a release of hazardous quantities of gas or particulate matter into the 
cockpit.
    An inflatable restraint should not increase the risk already 
associated with fire. The inflatable restraint should be protected from 
the effects of fire to avoid creating an additional hazard such as, a 
rupture of the inflator, for example.
    Finally, the airbag is likely to have a large volume displacement, 
and possibly impede the egress of an occupant. Since the bag deflates 
to absorb energy, it is likely that the inflatable restraint would be 
deflated at the time an occupant would attempt egress. However, it is 
appropriate to specify a time interval after which the inflatable 
restraint may not impede rapid egress. Ten seconds has been chosen as 
reasonable time. This time limit offers a level of protection 
throughout an impact event.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, SOCATA must show that the 
Model TBM 700 airplane continues to meet the applicable provisions of 
the applicable regulations in effect on the date of application for the 
type certificate. The regulations incorporated by reference in the type 
certificate are commonly referred to as the original type certification 
basis.
    The certification basis also includes all exemptions, if any; 
equivalent level of safety findings, if any; and special conditions not 
relevant to the special conditions adopted by this rulemaking action.
    If the Administrator determines that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the inflatable restraint, as installed 
on the SOCATA, Model TBM 700 airplane because of a novel or unusual 
design feature, special conditions are prescribed under the provisions 
of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model TBM 700 airplane 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, and the

[[Page 67096]]

FAA must issue a finding of regulatory adequacy under section 611 of 
Public Law 92-574, the Noise Control Act of 1972.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the models 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.

Novel or Unusual Design Features

    The SOCATA, Model TBM 700 airplane will incorporate the following 
novel or unusual design feature: Installation of inflatable four-point 
restraint safety belt with an integrated airbag device for the pilot 
and copilot seats.

Discussion

    The purpose of the airbag is to reduce the potential for injury in 
the event of an accident. In a severe impact, an airbag will deploy 
from the shoulder harness in a manner similar to an automotive airbag. 
The airbag will deploy between the head of the occupant and airplane 
interior structure, which will provide some protection to the head of 
the occupant. The restraint will rely on sensors to electronically 
activate the inflator for deployment.
    The Code of Federal Regulations states performance criteria for 
seats and restraints in an objective manner. However, none of these 
criteria are adequate to address the specific issues raised concerning 
inflatable restraints. Therefore, the FAA has determined that in 
addition to the requirements of part 21 and part 23, special conditions 
are needed to address the installation of this inflatable restraint.
    Accordingly, these special conditions are adopted for the SOCATA, 
Model TBM 700 airplanes equipped with four-point inflatable restraints. 
Other conditions may be developed, as needed, based on further FAA 
review and discussions with the manufacturer and civil aviation 
authorities.

Applicability

    As discussed above, these special conditions are applicable to the 
SOCATA, Model TBM 700 airplane. Should SOCATA apply at a later date for 
a change to the type certificate to include another model incorporating 
the same novel or unusual design feature, the special conditions would 
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability 
and affects only the applicant who applied to the FAA for approval of 
these features on the airplane.
    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 certification date for the SOCATA, 
Model TBM 700 airplane is imminent, the FAA finds that good cause 
exists to make these special conditions effective upon issuance.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances, identified above, 
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, 
notice and opportunity for prior public comment hereon are unnecessary 
and the FAA finds good cause, in accordance with 5 U.S.C. 553(b)(3)(B) 
and 553(d)(3), making these special conditions effective upon issuance. 
The FAA is requesting comments to allow interested persons to submit 
views that may not have been submitted in response to the prior 
opportunities for comment described above.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    The FAA has determined that this project will be accomplished on 
the basis of not lowering the current level of safety of the SOCATA, 
Model TBM 700 airplane occupant restraint systems. 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 the SOCATA, Model TBM 700 airplane.
    1. Installation of inflatable four-point restraint safety belt with 
an integrated airbag device.
    a. It must be shown that the inflatable restraint will deploy and 
provide protection under emergency landing conditions. Compliance will 
be demonstrated using the dynamic test condition specified in Sec.  
23.562(b)(2). It is not necessary to account for floor warpage, as 
required by Sec.  23.562(b)(3), or vertical dynamic loads, as required 
by Sec.  23.562(b)(1). The means of protection must take into 
consideration a range of stature from a 5th percentile female to a 95th 
percentile male. The inflatable restraint must provide a consistent 
approach to energy absorption throughout that range.
    b. The inflatable restraint must provide adequate protection for 
the occupant. In addition, unoccupied seats that have an active 
restraint must not constitute a hazard to any occupant.
    c. The design must prevent the inflatable restraint from being 
incorrectly buckled and incorrectly installed, such that the airbag 
would not properly deploy. It must be shown that such deployment is not 
hazardous to the occupant and will provide the required protection.
    d. It must be shown that the inflatable restraint system is not 
susceptible to inadvertent deployment as a result of wear and tear or 
the inertial loads resulting from in-flight or ground maneuvers 
(including gusts and hard landings) that are likely to be experienced 
in service.
    e. It must be extremely improbable for an inadvertent deployment of 
the restraint system to occur, or an inadvertent deployment must not 
impede the pilot's ability to maintain control of the airplane or cause 
an unsafe condition or hazard to the airplane. In addition, a deployed 
inflatable restraint must be at least as strong as a Technical Standard 
Order, TSO-C114, certificated belt and shoulder harness.
    f. It must be shown that deployment of the inflatable restraint 
system is not hazardous to the occupant or will not result in injuries 
that could impede rapid egress. This assessment should include 
occupants whose restraint is loosely fastened.
    g. It must be shown that an inadvertent deployment that could cause 
injury to a standing or sitting person is improbable. In addition, the 
restraint must also provide suitable visual warnings that would alert 
rescue personnel to the presence of an inflatable restraint system.
    h. It must be shown that the inflatable restraint will not impede 
rapid egress of

[[Page 67097]]

the occupants 10 seconds after its deployment.
    i. To comply with HIRF and lightning requirements, the inflatable 
restraint system is considered a critical system since its deployment 
could have a hazardous affect on the airplane.
    j. It must be shown that the inflatable restraints will not release 
hazardous quantities of gas or particulate matter into the cabin.
    k. The inflatable restraint system installation must be protected 
from the effects of fire such that no hazard to occupants will result.
    l. There must be a means to verify the integrity of the inflatable 
restraint activation system before each flight or it must be 
demonstrated to reliably operate between inspection intervals.
    m. A life limit must be established for appropriate system 
components.
    n. Qualification testing of the internal firing mechanism must be 
performed at vibration levels appropriate for a general aviation 
airplane.

    Issued in Kansas City, Missouri, on September 22, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-23564 Filed 9-29-16; 8:45 am]
BILLING CODE 4910-13-P