Special Conditions: Aerocon Engineering Company, Boeing Model 777-200 Airplane; Access Hatch Installed Between the Cabin and the Class C Cargo Compartment To Allow In-Flight Access to the Cargo Compartment, 14122-14125 [2017-05325]
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Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
Issued in Renton, Washington, on February
23, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–05334 Filed 3–16–17; 8:45 am]
Doc. 2014–04559 Filed 2–28–14; 8:45
a.m.] published on March 3, 2014 (79
FR 11679), make the following
correction:
On page 11679, column 3, in the first
and second paragraphs of the
Background section; and on page 11680,
column 1, in the first paragraph of the
Type Certification Basis section, change
‘‘A57NM’’ to ‘‘A56NM.’’
telephone 425–227–2785; facsimile
425–227–1320.
SUPPLEMENTARY INFORMATION:
Background
[FR Doc. 2017–05328 Filed 3–16–17; 8:45 am]
On June 26, 2015, Aerocon applied for
a supplemental type certificate to install
an access hatch between the cabin and
Class C cargo compartment in the
Boeing Model 777–200 airplane. This
airplane is a twin-engine, transportcategory airplane with a VIP interior
configuration. The Model 777–200 has a
maximum passenger capacity of 440,
and a maximum takeoff weight of
535,000 pounds.
Special Conditions: Embraer S.A.
Model ERJ–170 Airplanes; Seats With
Large, Non-Traditional, Non-Metallic
Panels
BILLING CODE 4910–13–P
Type Certification Basis
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments; correction.
Federal Aviation Administration
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Issued in Renton, Washington on February
10, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2014–0078; Special
Conditions No. 25–543–SC]
AGENCY:
This document corrects an
error that appeared in Federal Docket
no. FAA–2014–0078, Special
Conditions no. 25–543–SC, which was
published in the Federal Register on
March 3, 2014 (79 FR 11679). The error
is in the type-certificate number
referenced in the Background and Type
Certification Basis sections of the
special conditions. It is being corrected
herein.
DATES: The effective date of this
correction is March 17, 2017
FOR FURTHER INFORMATION CONTACT:
Jayson Claar, FAA, Airframe and Cabin
Safety Branch, ANM–111, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone 425–227–2194; facsimile
425–227–1149.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
Special Conditions no. 25–543–SC
was published in the Federal Register
on March 3, 2014 (79 FR 11679). The
document issued special conditions
pertaining to seats with large, nontraditional, non-metallic panels.
As published, the document
contained four errors, each referring to
the type-certificate number for the
Embraer S.A. Model ERJ–170 airplane.
Because no other part of the
regulatory information has been
changed, the special conditions
document is not being re-published.
Correction
In the Final Special Conditions,
Request for Comments document [FR
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19:31 Mar 16, 2017
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 25
[Docket No. FAA–2016–8247; Special
Conditions No. 25–652–SC]
Special Conditions: Aerocon
Engineering Company, Boeing Model
777–200 Airplane; Access Hatch
Installed Between the Cabin and the
Class C Cargo Compartment To Allow
In-Flight Access to the Cargo
Compartment
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Boeing Model 777–200
airplane. This airplane, as modified by
Aerocon Engineering Company
(Aerocon), 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 an access hatch, installed between the
cabin and the Class C cargo
compartment, to allow in-flight access
to the Class C cargo compartment. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Effective April 17, 2017.
FOR FURTHER INFORMATION CONTACT: John
Shelden, FAA, Airframe and Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
SUMMARY:
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Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101,
Aerocon must show that the Boeing
Model 777–200 airplane, as changed,
continues to meet the applicable
provisions of the regulations listed in
Type Certificate No. T00001SE, 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 Boeing Model 777–200 airplane,
as changed, because of a novel or
unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same 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 Boeing Model 777–200
airplane, as modified by Aerocon, must
comply with the fuel-vent and exhaustemission requirements of 14 CFR part
34, and the noise-certification
requirements of 14 CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–200 airplane,
as modified by Aerocon, will
incorporate the following novel or
unusual design feature: An access hatch
installed between the cabin and the
Class C cargo compartment, to allow in-
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flight access to the Class C cargo
compartment.
Discussion
The VIP operator requests to have
access to the aft lower-deck Class C
cargo compartment on their Boeing
Model 777–200 airplane to store trash
during flight. The installation consists
of an access hatch from the main
passenger cabin, with an access ladder,
and a trash container mounted on its
own standard airliner pallet in the
lower-deck Class C cargo compartment.
The FAA considers that the access
hatch may impact the isolation of the
passenger cabin from the cargo
compartment. Isolation is necessary to
protect the passengers, as required by
§ 25.857(c), from fire and smoke that
may start within the cargo compartment.
In addition, the in-flight access to the
lower-deck Class C cargo compartment
creates unique hazards resulting from
passengers having access to cargo and
baggage in the compartment. These
hazards include the safety of the
persons entering the cargo
compartment, possible hazards to the
airplane as a result of the access, and
security concerns with access to the
checked baggage and cargo. The special
conditions defined herein provide
additional requirements necessary to
ensure sufficient cabin isolation from
fire and smoke in this unusual design
configuration, and for passenger safety
while occupying the Class C cargo
compartment.
The current rules relating to Class C
cargo compartments do not address
provisions for in-flight accessibility. The
intent of the Class C cargo compartment
was that it be a self-contained and
isolated compartment intended to carry
baggage and cargo, but not intended for
human habitation. The FAA gave no
consideration to an in-flight-accessible
Class C cargo compartment when the
classification was first developed, as no
manufacturer had ever incorporated
such a feature into their design.
Inherently, a ‘‘cargo compartment’’ was
not intended for in-flight access,
especially by the traveling public. An
allowance has been made specifically
for crew access into a Class B cargo
compartment for the express purpose of
firefighting. Access into a cargo
compartment carries with it an
increased level of risk to the occupant
entering the compartment, and to the
airplane, as baggage or cargo could shift,
a decompression could occur in the
compartment, or a fire could develop
during flight.
The FAA has determined that the
existing airworthiness standards do not
contain adequate or appropriate safety
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standards relative to passenger access to
cargo compartments. As a result, special
conditions are the appropriate means to
address this and all future in-flightaccessible Class C cargo compartments.
Based upon the above discussion, the
cargo-compartment isolation criterion is
the main concern related to the accesshatch design, which is intended to be
installed between the cabin and the
Class C cargo compartment.
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 of Comments
Notice of Proposed Special
Conditions No. 25–16–08–SC for the
Boeing Model 777–200 airplane, as
modified by Aerocon, was published in
the Federal Register on October 26,
2016 (81 FR 74350). The FAA received
6 comments from two commenters.
The Boeing Company (Boeing) comment 1
states, in pertinent part, that,
In addition to items 1 through 9, the
following additional features should be
considered in providing the necessary
protection to passengers as required by Sec.
25.857(c):
Amount of time hatch to be left in the open
condition—with the hatch open it is
conceivable that the smoke detection system
could be disrupted due to the change in air
flow.
Similar access to class E compartments has
required that the door/hatch remain closed
while the occupant is in the compartment to
minimize the time that the barrier between
cargo compartment and occupied areas is
compromised.
The FAA concurs that the airflow in
the Class C cargo compartment would
be affected during the time the access
door is open. However, the intended
provision of access to the lower-deck
Class C cargo compartment is to enable
a crewmember (in this case, a flight
attendant) to place trash in a palletized
container. The duration during which
the access door is opened is expected to
be very brief. If a fire occurs in the Class
C cargo compartment during the time
the crewmember is present, then the
crew procedure requires vacating the
compartment immediately and
informing the flight crew after closing
the access door. After the door is closed,
the normal ventilation flow in the
compartment should be reestablished,
and the built-in fire detection system
should provide annunciation of a fire to
the flight deck within the required time,
per 14 CFR 25.858.
The FAA finds that the limited time
during which a crewmember is present
in the Class C cargo compartment, and
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the access door is open, should not
result in an appreciable increase in the
fire risk. The FAA made no changes to
the proposed special conditions in
response to this comment.
Boeing states that some certified
designs with access to Class E cargo
compartments have required a door or
hatch to remain closed while the
compartment is occupied. However, the
duration of the occupancy of those
configurations may have been for a long
period of time for such tasks as
providing care to an animal. As stated
previously, these special conditions
pertain to a configuration that permits a
limited duration of cargo-compartment
occupancy. The FAA made no changes
to the proposed special conditions in
response to this comment.
Boeing comment 2 states, in pertinent part,
that,
In addition to items 1 through 9, the
following additional features should be
considered in providing the necessary
protection for occupants entering the class C
cargo compartment:
Required lighting for visibility of cargo
compartment hazards (shifting cargo, open
holes in floor, trip hazards, etc.)
The FAA concurs that the Class C
cargo compartment should have lighting
installed to mitigate the hazards that
may be encountered. We have added
this requirement to these final special
conditions.
Boeing comment 3 states, in pertinent part,
that,
Means of communication from hatch to
occupant needs to consider distance from
opening to occupant, noise level of
compartment.
The FAA concurs that adequate
communication procedures must be
established when the crew is accessing
the Class C cargo compartment. We have
added this requirement to these final
special conditions.
Boeing comment 4 states, in pertinent part,
that,
[14] CFR 25.1439 requires the installation
of protective breathing equipment in each
isolated separate compartment in which crew
member occupancy is permitted during flight
for the maximum number of crew members
expected to be in the area during any
operation.
The FAA concurs that the crew
should have protective breathing
equipment available and carried into the
compartment if the compartment is
occupied for a significant amount of
time. However, as stated previously, the
intended use of the compartment is to
place trash in a palletized container.
The duration of cargo-compartment
access required by the applicant for
these special conditions is considered
minimal, and therefore the installation
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Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
of protective breathing equipment is not
required. The FAA made no changes to
the proposed special conditions in
response to this comment.
Boeing comment 5 states, in pertinent part,
that,
[14] CFR 121.309 requires at least one fire
extinguisher for each class E cargo
compartment that is accessible to crew
members during flight. Crew members
entering class C cargo compartments should
have similar protection to occupants entering
class E cargo compartments.
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The FAA acknowledges the intent of
Boeing’s comment. The fire-safety
design features in a Class C cargo
compartment include a total-flooding
fire suppression system that does not
rely upon the presence of a crewmember
to fight a fire.
The FAA has stated in different
sources, and most recently in a
preamble to Amendment 25–142, that
the effectiveness of a crewmember
fighting a fire is limited to small
compartments where the crewmember
must be able to reach any part of the
compartment using the contents of a
hand-held fire extinguisher, and that
access should be a function of how the
compartment is configured, rather than
according to compartment volume.
Considering the volume and
configuration of Class C cargo
compartments, the FAA finds that the
appropriate procedure for a
crewmember present in a Class C cargo
compartment, in the event of a fire, is
to vacate the compartment immediately
and inform the flight crew after closing
the access door. In addition, carrying a
hand-held fire extinguisher into the
Class C cargo compartment may impede
the crewmember’s movements, such as
during escape from a Class C cargo
compartment in the event of a fire, and
may increase the time the crewmember
is accessing the compartment; both of
those scenarios may increase
crewmember risk in the event of a fire.
The FAA made no changes to the
proposed special conditions in response
to this comment.
Embraer S. A. (Embraer) states, in pertinent
part, that,
The proposed special condition for access
hatch installed between the cabin and the
class C cargo compartment to allow in-flight
access to the cargo compartment has several
requirements that are different from those
used in a similar past special condition (25–
273–SC). The preamble of this special
condition notice does not indicate why these
additional requirements are deemed
necessary, so it would be helpful if some
explanation was provided for why additional
requirements are now being proposed for this
project since we are unaware of any adverse
service history or other evidence that shows
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19:31 Mar 16, 2017
Jkt 241001
that the requirements used in previous
special conditions are now inadequate.
The relevant additional requirements are:
2. One cabin crewmember must be present
to monitor the hatch from the main cabin
when another cabin crewmember is using the
access hatch to access the aft lower-deck
Class C cargo compartment.
6. The airplane must be operated as
private, not for hire, not for common carriage.
This provision does not preclude the
operator from receiving remuneration to the
extent consistent with 14 CFR parts 125 and
91, subpart F, as applicable.
7. Use of the access hatch, and access to
the aft Class C cargo compartment, is limited
to the crew only. A placard stating, ‘‘Crew
Only Access’’ must be located outside of, and
on or near the access hatch of, the aft lowerdeck Class C cargo compartment.
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Boeing Model
777–200 airplanes modified by Aerocon.
1. The flight deck must contain an
indicator to advise the flightcrew when
the access hatch for the Class C cargo
compartment is opened.
2. One cabin crewmember must be
present to monitor the hatch from the
main cabin when another cabin
crewmember is using the access hatch to
access the aft lower-deck Class C cargo
compartment. Adequate communication
procedures must be established between
the crewmembers to maintain verbal
contact between the main cabin and the
Class C cargo compartment. These
procedures must be included in the
Cabin Crew Operating Manual.
3. Means must be provided to keep
the access hatch open while the aft
lower-deck Class C cargo compartment
is occupied during flight.
4. Means must be provided to keep
the occupied area of the Class C cargo
compartment illuminated during use.
5. Access to the aft lower-deck Class
C cargo compartment or using the access
hatch is not allowed during:
a. Taxi, takeoff, and landing,
b. when the fasten-seat-belt sign is
illuminated,
c. in the event of emergency not
limited to smoke and fire detected in the
cargo compartment.
6. A placard stating, ‘‘Do Not Enter
During Taxi, Takeoff, Landing, or
Emergency’’ (or similar wording) must
be located outside of, and on or near the
access hatch of, the aft lower-deck Class
C cargo compartment.
7. The airplane must be operated as
private, not for hire, not for common
carriage. This provision does not
preclude the operator from receiving
remuneration to the extent consistent
with 14 CFR parts 125 and 91, subpart
F, as applicable.
8. Use of the access hatch, and access
to the aft Class C cargo compartment, is
limited to the crew only.
9. A placard stating, ‘‘Crew Only
Access’’ must be located outside of, and
on or near the access hatch of, the aft
lower-deck Class C cargo compartment.
10. The Airplane Flight Manual must
instruct the crew to close the access
hatch when crew are not accessing the
aft lower-deck Class C cargo
compartment.
11. Special conditions 5, 7, 8, and 10
must be documented in the Limitations
section of the Airplane Flight Manual.
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
Note: The airplane owner or operator must
contact the Transportation Security
The FAA concurs with the Embraer
comment in that there is a similar
special condition with different
requirements. However, Special
Conditions 25–273–SC has other
requirements, such as the installation of
warning systems and emergency
equipment, that these special conditions
do not require. Instead of these systems
and equipment, the applicant has
proposed to limit the use of the
operation to private, not for hire, not for
common carriage; and to have a
crewmember present at the access hatch
to monitor activity in the Class C cargo
compartment. The FAA determines that
Embraer’s comment does not necessitate
a change to the proposed special
conditions.
Applicability
As discussed above, these proposed
special conditions are applicable to the
Boeing Model 777–200 airplane
modified by Aerocon. Should Aerocon
apply at a later date for a supplemental
type certificate to modify any other
model included on Type Certificate No.
T00001SE to incorporate the same novel
or unusual design feature, these special
conditions would apply to that model as
well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of airplane. It is not a rule
of general applicability and affects only
the applicant who applied to the FAA
for approval of this feature on the
airplane.
List of Subjects in 14 CFR Part 25
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Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations
Administration (TSA) prior to operating
within United States airspace to ensure that
this design, and related operational
procedures, comply with TSA requirements.
Issued in Renton, Washington, on March 2,
2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–05325 Filed 3–16–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–9297; Special
Conditions No. 25–648–SC]
Special Conditions: Textron Aviation
Inc. Model 700 Airplane; Airplane
Electronic-System Security Protection
From Unauthorized External Access
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Textron Aviation Inc.
(Textron) Model 700 airplane. This
airplane 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 airplane electronic systems and
networks that allow access from
external sources (e.g., wireless devices,
Internet connectivity) to the airplane’s
internal electronic components. 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
Textron on March 17, 2017. We must
receive your comments by May 1, 2017.
ADDRESSES: Send comments identified
by docket number FAA–2016–9297
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.
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SUMMARY:
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19:31 Mar 16, 2017
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• 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
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:
Varun Khanna, FAA, Airplane and
Flightcrew Interface, ANM–111,
Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone 425–227–1298; 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 airplane.
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
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14125
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 November 20, 2014, Textron
applied for a type certificate for their
new Model 700 airplane. The Textron
Model 700 airplane is a twin-engine,
transport-category executive airplane
with seating for 2 crewmembers and 12
passengers, and a maximum takeoff
weight of 38,514 lbs.
Type Certification Basis
Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.17,
Textron must show that the Model 700
airplane meets the applicable provisions
of part 25, as amended by Amendments
25–1 through 25–139, 25–141, and 25–
143.
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 Textron Model 700 airplane
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, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Textron Model 700
airplane must comply with the fuel-vent
and exhaust-emission requirements of
14 CFR part 34 and the noisecertification 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
§ 21.17(a)(2).
Novel or Unusual Design Features
The Textron Model 700 airplane will
incorporate the following novel or
unusual design feature: A digitalsystems network architecture composed
of several connected networks. This
network architecture and network
configuration will have the capability to
allow access to or by external network
sources, and may be used for or
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]]>Agencies
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14122-14125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05325]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2016-8247; Special Conditions No. 25-652-SC]
Special Conditions: Aerocon Engineering Company, Boeing Model
777-200 Airplane; Access Hatch Installed Between the Cabin and the
Class C Cargo Compartment To Allow In-Flight Access to the Cargo
Compartment
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Boeing Model 777-
200 airplane. This airplane, as modified by Aerocon Engineering Company
(Aerocon), 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 an access hatch,
installed between the cabin and the Class C cargo compartment, to allow
in-flight access to the Class C cargo compartment. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.
DATES: Effective April 17, 2017.
FOR FURTHER INFORMATION CONTACT: John Shelden, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2785; facsimile 425-227-1320.
SUPPLEMENTARY INFORMATION:
Background
On June 26, 2015, Aerocon applied for a supplemental type
certificate to install an access hatch between the cabin and Class C
cargo compartment in the Boeing Model 777-200 airplane. This airplane
is a twin-engine, transport-category airplane with a VIP interior
configuration. The Model 777-200 has a maximum passenger capacity of
440, and a maximum takeoff weight of 535,000 pounds.
Type Certification Basis
Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Aerocon must show that the Boeing Model 777-200 airplane,
as changed, continues to meet the applicable provisions of the
regulations listed in Type Certificate No. T00001SE, 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 Boeing Model 777-200 airplane, as
changed, because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same 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 Boeing Model 777-200 airplane, as modified by Aerocon,
must comply with the fuel-vent and exhaust-emission requirements of 14
CFR part 34, and the noise-certification requirements of 14 CFR part
36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 777-200 airplane, as modified by Aerocon, will
incorporate the following novel or unusual design feature: An access
hatch installed between the cabin and the Class C cargo compartment, to
allow in-
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flight access to the Class C cargo compartment.
Discussion
The VIP operator requests to have access to the aft lower-deck
Class C cargo compartment on their Boeing Model 777-200 airplane to
store trash during flight. The installation consists of an access hatch
from the main passenger cabin, with an access ladder, and a trash
container mounted on its own standard airliner pallet in the lower-deck
Class C cargo compartment.
The FAA considers that the access hatch may impact the isolation of
the passenger cabin from the cargo compartment. Isolation is necessary
to protect the passengers, as required by Sec. 25.857(c), from fire
and smoke that may start within the cargo compartment. In addition, the
in-flight access to the lower-deck Class C cargo compartment creates
unique hazards resulting from passengers having access to cargo and
baggage in the compartment. These hazards include the safety of the
persons entering the cargo compartment, possible hazards to the
airplane as a result of the access, and security concerns with access
to the checked baggage and cargo. The special conditions defined herein
provide additional requirements necessary to ensure sufficient cabin
isolation from fire and smoke in this unusual design configuration, and
for passenger safety while occupying the Class C cargo compartment.
The current rules relating to Class C cargo compartments do not
address provisions for in-flight accessibility. The intent of the Class
C cargo compartment was that it be a self-contained and isolated
compartment intended to carry baggage and cargo, but not intended for
human habitation. The FAA gave no consideration to an in-flight-
accessible Class C cargo compartment when the classification was first
developed, as no manufacturer had ever incorporated such a feature into
their design. Inherently, a ``cargo compartment'' was not intended for
in-flight access, especially by the traveling public. An allowance has
been made specifically for crew access into a Class B cargo compartment
for the express purpose of firefighting. Access into a cargo
compartment carries with it an increased level of risk to the occupant
entering the compartment, and to the airplane, as baggage or cargo
could shift, a decompression could occur in the compartment, or a fire
could develop during flight.
The FAA has determined that the existing airworthiness standards do
not contain adequate or appropriate safety standards relative to
passenger access to cargo compartments. As a result, special conditions
are the appropriate means to address this and all future in-flight-
accessible Class C cargo compartments.
Based upon the above discussion, the cargo-compartment isolation
criterion is the main concern related to the access-hatch design, which
is intended to be installed between the cabin and the Class C cargo
compartment.
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 of Comments
Notice of Proposed Special Conditions No. 25-16-08-SC for the
Boeing Model 777-200 airplane, as modified by Aerocon, was published in
the Federal Register on October 26, 2016 (81 FR 74350). The FAA
received 6 comments from two commenters.
The Boeing Company (Boeing) comment 1 states, in pertinent part,
that,
In addition to items 1 through 9, the following additional
features should be considered in providing the necessary protection
to passengers as required by Sec. 25.857(c):
Amount of time hatch to be left in the open condition--with the
hatch open it is conceivable that the smoke detection system could
be disrupted due to the change in air flow.
Similar access to class E compartments has required that the
door/hatch remain closed while the occupant is in the compartment to
minimize the time that the barrier between cargo compartment and
occupied areas is compromised.
The FAA concurs that the airflow in the Class C cargo compartment
would be affected during the time the access door is open. However, the
intended provision of access to the lower-deck Class C cargo
compartment is to enable a crewmember (in this case, a flight
attendant) to place trash in a palletized container. The duration
during which the access door is opened is expected to be very brief. If
a fire occurs in the Class C cargo compartment during the time the
crewmember is present, then the crew procedure requires vacating the
compartment immediately and informing the flight crew after closing the
access door. After the door is closed, the normal ventilation flow in
the compartment should be reestablished, and the built-in fire
detection system should provide annunciation of a fire to the flight
deck within the required time, per 14 CFR 25.858.
The FAA finds that the limited time during which a crewmember is
present in the Class C cargo compartment, and the access door is open,
should not result in an appreciable increase in the fire risk. The FAA
made no changes to the proposed special conditions in response to this
comment.
Boeing states that some certified designs with access to Class E
cargo compartments have required a door or hatch to remain closed while
the compartment is occupied. However, the duration of the occupancy of
those configurations may have been for a long period of time for such
tasks as providing care to an animal. As stated previously, these
special conditions pertain to a configuration that permits a limited
duration of cargo-compartment occupancy. The FAA made no changes to the
proposed special conditions in response to this comment.
Boeing comment 2 states, in pertinent part, that,
In addition to items 1 through 9, the following additional
features should be considered in providing the necessary protection
for occupants entering the class C cargo compartment:
Required lighting for visibility of cargo compartment hazards
(shifting cargo, open holes in floor, trip hazards, etc.)
The FAA concurs that the Class C cargo compartment should have
lighting installed to mitigate the hazards that may be encountered. We
have added this requirement to these final special conditions.
Boeing comment 3 states, in pertinent part, that,
Means of communication from hatch to occupant needs to consider
distance from opening to occupant, noise level of compartment.
The FAA concurs that adequate communication procedures must be
established when the crew is accessing the Class C cargo compartment.
We have added this requirement to these final special conditions.
Boeing comment 4 states, in pertinent part, that,
[14] CFR 25.1439 requires the installation of protective
breathing equipment in each isolated separate compartment in which
crew member occupancy is permitted during flight for the maximum
number of crew members expected to be in the area during any
operation.
The FAA concurs that the crew should have protective breathing
equipment available and carried into the compartment if the compartment
is occupied for a significant amount of time. However, as stated
previously, the intended use of the compartment is to place trash in a
palletized container.
The duration of cargo-compartment access required by the applicant
for these special conditions is considered minimal, and therefore the
installation
[[Page 14124]]
of protective breathing equipment is not required. The FAA made no
changes to the proposed special conditions in response to this comment.
Boeing comment 5 states, in pertinent part, that,
[14] CFR 121.309 requires at least one fire extinguisher for
each class E cargo compartment that is accessible to crew members
during flight. Crew members entering class C cargo compartments
should have similar protection to occupants entering class E cargo
compartments.
The FAA acknowledges the intent of Boeing's comment. The fire-
safety design features in a Class C cargo compartment include a total-
flooding fire suppression system that does not rely upon the presence
of a crewmember to fight a fire.
The FAA has stated in different sources, and most recently in a
preamble to Amendment 25-142, that the effectiveness of a crewmember
fighting a fire is limited to small compartments where the crewmember
must be able to reach any part of the compartment using the contents of
a hand-held fire extinguisher, and that access should be a function of
how the compartment is configured, rather than according to compartment
volume.
Considering the volume and configuration of Class C cargo
compartments, the FAA finds that the appropriate procedure for a
crewmember present in a Class C cargo compartment, in the event of a
fire, is to vacate the compartment immediately and inform the flight
crew after closing the access door. In addition, carrying a hand-held
fire extinguisher into the Class C cargo compartment may impede the
crewmember's movements, such as during escape from a Class C cargo
compartment in the event of a fire, and may increase the time the
crewmember is accessing the compartment; both of those scenarios may
increase crewmember risk in the event of a fire. The FAA made no
changes to the proposed special conditions in response to this comment.
Embraer S. A. (Embraer) states, in pertinent part, that,
The proposed special condition for access hatch installed
between the cabin and the class C cargo compartment to allow in-
flight access to the cargo compartment has several requirements that
are different from those used in a similar past special condition
(25-273-SC). The preamble of this special condition notice does not
indicate why these additional requirements are deemed necessary, so
it would be helpful if some explanation was provided for why
additional requirements are now being proposed for this project
since we are unaware of any adverse service history or other
evidence that shows that the requirements used in previous special
conditions are now inadequate.
The relevant additional requirements are:
2. One cabin crewmember must be present to monitor the hatch
from the main cabin when another cabin crewmember is using the
access hatch to access the aft lower-deck Class C cargo compartment.
6. The airplane must be operated as private, not for hire, not
for common carriage. This provision does not preclude the operator
from receiving remuneration to the extent consistent with 14 CFR
parts 125 and 91, subpart F, as applicable.
7. Use of the access hatch, and access to the aft Class C cargo
compartment, is limited to the crew only. A placard stating, ``Crew
Only Access'' must be located outside of, and on or near the access
hatch of, the aft lower-deck Class C cargo compartment.
The FAA concurs with the Embraer comment in that there is a similar
special condition with different requirements. However, Special
Conditions 25-273-SC has other requirements, such as the installation
of warning systems and emergency equipment, that these special
conditions do not require. Instead of these systems and equipment, the
applicant has proposed to limit the use of the operation to private,
not for hire, not for common carriage; and to have a crewmember present
at the access hatch to monitor activity in the Class C cargo
compartment. The FAA determines that Embraer's comment does not
necessitate a change to the proposed special conditions.
Applicability
As discussed above, these proposed special conditions are
applicable to the Boeing Model 777-200 airplane modified by Aerocon.
Should Aerocon apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate No.
T00001SE to incorporate the same novel or unusual design feature, these
special conditions would apply to that model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model series of airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of this feature on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 777-200 airplanes
modified by Aerocon.
1. The flight deck must contain an indicator to advise the
flightcrew when the access hatch for the Class C cargo compartment is
opened.
2. One cabin crewmember must be present to monitor the hatch from
the main cabin when another cabin crewmember is using the access hatch
to access the aft lower-deck Class C cargo compartment. Adequate
communication procedures must be established between the crewmembers to
maintain verbal contact between the main cabin and the Class C cargo
compartment. These procedures must be included in the Cabin Crew
Operating Manual.
3. Means must be provided to keep the access hatch open while the
aft lower-deck Class C cargo compartment is occupied during flight.
4. Means must be provided to keep the occupied area of the Class C
cargo compartment illuminated during use.
5. Access to the aft lower-deck Class C cargo compartment or using
the access hatch is not allowed during:
a. Taxi, takeoff, and landing,
b. when the fasten-seat-belt sign is illuminated,
c. in the event of emergency not limited to smoke and fire detected
in the cargo compartment.
6. A placard stating, ``Do Not Enter During Taxi, Takeoff, Landing,
or Emergency'' (or similar wording) must be located outside of, and on
or near the access hatch of, the aft lower-deck Class C cargo
compartment.
7. The airplane must be operated as private, not for hire, not for
common carriage. This provision does not preclude the operator from
receiving remuneration to the extent consistent with 14 CFR parts 125
and 91, subpart F, as applicable.
8. Use of the access hatch, and access to the aft Class C cargo
compartment, is limited to the crew only.
9. A placard stating, ``Crew Only Access'' must be located outside
of, and on or near the access hatch of, the aft lower-deck Class C
cargo compartment.
10. The Airplane Flight Manual must instruct the crew to close the
access hatch when crew are not accessing the aft lower-deck Class C
cargo compartment.
11. Special conditions 5, 7, 8, and 10 must be documented in the
Limitations section of the Airplane Flight Manual.
Note: The airplane owner or operator must contact the
Transportation Security
[[Page 14125]]
Administration (TSA) prior to operating within United States
airspace to ensure that this design, and related operational
procedures, comply with TSA requirements.
Issued in Renton, Washington, on March 2, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-05325 Filed 3-16-17; 8:45 am]
BILLING CODE 4910-13-P
