Special Conditions: Honda Aircraft Company, Inc., HA-420 Airplane; Single-Place Side-Facing Lavatory Seat Dynamic Test, 11634-11637 [2018-05321]

Download as PDF 11634 DATES: Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations List of Subjects in 7 CFR Part 4279 Effective March 16, 2018. FOR FURTHER INFORMATION CONTACT: Kelley Oehler, Rural Development, Business Programs, U.S. Department of Agriculture, 1400 Independence Ave. SW, Stop 3224, Washington, DC 20250– 3224; email: kelley.oehler@ wdc.usda.gov; telephone number: (202) 720–1418. SUPPLEMENTARY INFORMATION: jstallworth on DSKBBY8HB2PROD with RULES Need for Corrections 14:39 Mar 15, 2018 PART 4279—GUARANTEED LOAN MAKING 1. The authority citation for part 4279 continues to read as follows: ■ The Agency published a final rule on June 3, 2016 (81 FR 35984–36027) for the purpose of improving program delivery, clarifying the regulations to make them easier to understand, and reducing delinquencies. This document makes technical corrections to the Business and Industry (B&I) Guaranteed Loan regulations in two areas: Full faith and credit and leasehold improvements. Full faith and credit. In § 4279.72(a), Full faith and credit, the Agency identifies in the second, third, and fourth sentences circumstances under which the guarantee is unenforceable in whole or in part. In all circumstances, the guarantee is unenforceable by the lender. However, the rule identifies ‘‘by the lender’’ in the third sentence, but not in the second or fourth sentence. To correct this oversight and provide clarity, the Agency is revising the second and fourth sentences to include the phrase ‘‘by the lender.’’ Leasehold improvements. The B&I Guaranteed Loan Program rule specifically identifies, in § 4279.113, certain leasehold improvements as an eligible project purpose for a B&I loan guarantee. However, there are other provisions in the B&I Guaranteed Loan Program rule that are inconsistent with and undermine this intent. Specifically, the rule relies on the definition of ‘‘leasehold improvements’’ as found in General Acceptable Accounting Practices (GAAP) (see § 4279.2(c)). GAAP considers leasehold improvements to be ‘‘intangible assets.’’ Provisions in the B&I rule regarding intangible assets in the calculation of tangible balance sheet equity (see § 4279.131(d)(2)) and the prohibition of intangible assets from serving as primary collateral (see § 4279.131(b)(3)) make it unintentionally difficult for leasehold improvement projects to meet equity and collateral requirements. Therefore, with this document, the Agency is correcting those provisions of the B&I Guaranteed Loan Program rule that are preventing leasehold improvement projects from meeting equity and collateral requirements for a B&I loan guarantee. VerDate Sep<11>2014 Loan programs—business and industry, Reporting and recordkeeping requirements, Rural areas. Accordingly, 7 CFR chapter XLII is amended by making the following correcting amendments: Jkt 244001 assets (except for leasehold improvements). * * * * * * * * Dated: March 8, 2018. Bette B. Brand, Administrator, Rural Business-Cooperative Service. Dated: March 8, 2018. Christopher A. McLean, Acting Administrator, Rural Utilities Service. [FR Doc. 2018–05319 Filed 3–15–18; 8:45 am] BILLING CODE 3410–XY–P Authority: 5 U.S.C. 301; and 7 U.S.C. 1989. Subpart A—General DEPARTMENT OF TRANSPORTATION 2. Revise the second and fourth sentences of § 4279.72(a) introductory text to read as follows: Federal Aviation Administration ■ § 4279.72 Conditions of guarantee. * * * * (a) * * * The guarantee will be unenforceable by the lender to the extent that any loss is occasioned by a provision for interest on interest or default or penalty interest. * * * Any losses occasioned will be unenforceable by the lender to the extent that loan funds were used for purposes other than those specifically approved by the Agency in its Conditional Commitment or amendment thereof in accordance with § 4279.173(b). * * * * * * * * 14 CFR Part 23 [Docket No. FAA–2018–0200; Special Conditions No. 23–287–SC] * Subpart B—Business and Industry Loans 3. Amend § 4279.131 as follows: a. Add a sentence to the end of paragraph (b)(3); and ■ b. Revise the first and fourth sentences in paragraph (d)(2). The addition and revisions read as follows: ■ ■ § 4279.131 Credit quality. * * * * * (b) * * * (3) * * * For purposes of determining compliance with this requirement, leasehold improvements are considered tangible assets and can serve as primary collateral. * * * * * (d) * * * (2) Tangible balance sheet equity will be determined based upon financial statements prepared in accordance with GAAP except that, for the purposes of this subpart, leasehold improvements are to be considered tangible assets when making the tangible balance sheet equity calculation. * * * Tangible equity cannot include appraisal surplus, bargain purchase gains, or intangible PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Special Conditions: Honda Aircraft Company, Inc., HA–420 Airplane; Single-Place Side-Facing Lavatory Seat Dynamic Test Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Honda Aircraft Company, Inc., HA–420 airplane. This airplane will have a novel or unusual design feature associated with a single-place side-facing seat in the lavatory that can be used as a passenger seat during taxi, takeoff, and landing. 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 special conditions are effective March 16, 2018, and are applicable March 7, 2018. We must receive your comments by April 16, 2018. ADDRESSES: Send comments identified by docket number FAA–2018–0200 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 SUMMARY: E:\FR\FM\16MRR1.SGM 16MRR1 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations 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 website, 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. Bob Stegeman, Federal Aviation Administration, AIR–691, Policy & Innovation Division, Small Airplane Standards Branch, Aircraft Certification Service, 901 Locust, Kansas City, Missouri 64106; telephone (816) 329– 4140; facsimile (816) 329–4090. FOR FURTHER INFORMATION CONTACT: The FAA has determined that notice and opportunity for prior public comment are impracticable because these procedures would significantly delay issuance of the approval design and thus delivery of the affected airplanes. SUPPLEMENTARY INFORMATION: jstallworth on DSKBBY8HB2PROD with RULES 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. VerDate Sep<11>2014 14:39 Mar 15, 2018 Jkt 244001 Background On January 6, 2017, Honda Aircraft Company, Inc. applied for a change to Type Certificate (TC) No. A00018AT for the installation of a single-place sidefacing belted lavatory seat in the HA– 420 airplane. The HA–420, currently approved under TC No. A00018AT, is a 7-seat, lightweight business jet with a 43,000-foot service ceiling and a maximum takeoff weight of 9,963 pounds. The airplane is powered by two GE-Honda Aero Engines (GHAE) HF– 120 turbofan engines. The airplane will be equipped with a ‘‘belted’’ lavatory seat cover that a passenger can be seated in during taxi, takeoff, and landing. Therefore, compliance with the provisions of 14 CFR 23.562 and 23.785—in addition to the certification basis as established in TC No. A00018AT—and any additional requirements the FAA determines, are applicable. In this case, the approval of a side-facing seat to these provisions is considered novel or unusual; therefore, special conditions are required. 14 CFR part 23, amendment 23–36,2 effective September 14, 1988, revised the emergency landing conditions that must be considered in the design of the airplane. Specifically, it revised the static load conditions in § 23.561 and added § 23.562 to require dynamic testing for all seats approved for occupancy during takeoff and landing. The intent of amendment 23–36 is to provide an improved level of safety for occupants on airplanes certificated under part 23 (part 23 airplanes). In part 23 airplanes, most seating is forward or aft facing; therefore, the pass/fail criteria in amendment 23–36 focuses on forward- and aft-facing seats. Type Certification Basis Under the provisions of 14 CFR 21.101, Honda Aircraft Company, Inc., must show that the HA–420, as changed, continues to meet the applicable provisions of the regulations incorporated by reference in TC No. A00018AT or 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 regulations incorporated by reference in TC No. A00018AT are as follows: 14 CFR part 23, Airworthiness Standards: Normal, Utility, Acrobatic, and Commuter Airplanes, effective February 1, 1965, as amended by amendments 23–1, July 29, 1965, 2 Ref PO 00000 53 FR 30802, August 15, 1988. Frm 00003 Fmt 4700 Sfmt 4700 11635 through amendment 23–62, dated December 2, 2011. 14 CFR part 34, Fuel Venting and Exhaust Emission Requirements for Turbine-Engine-Powered Airplanes, effective September 10, 1990, as amended by amendments 34–1, dated July 31, 1995 through amendment 34–5, dated December 31, 2012. 14 CFR part 36, Noise Standards: Aircraft Type Certification and Airworthiness Certification, effective March 11, 1994, as amended by amendments 36–1, dated December 1, 1965, through amendment 36–29, dated March 11, 2013. Exemption 11123, dated December 16, 2014, § 23.181(b), Dynamic Stability Compliance with § 23.181(b) during takeoff and landing. ELOS ACE–15–08, dated June 5, 2015: Use of 1-g Stall Speeds in lieu of Minimum Speed in the Stall as a Basis for Determining. ELOS ACE–15–09, dated March 26, 2015: Electronic Display of Engine Instruments N1, N2, ITT, Oil Pressure, Oil Temperature, Fuel Flow, and Fuel Quantity on a Garmin G3000 Integrated Flight Deck. ELOS ACE–15–10, dated March 25, 2015: Storage Battery Design and Installation Compliance. ELOS ACE–15–11, dated September 14, 2015: Airspeed Indicator (ASI) Flap Markings. ELOS ACE–15–15, dated September 1, 2015: Amendment 23–62 Corrections. Special Condition No. 23–263–SC, dated March 25, 2015, Dynamic Test Requirements for Single-Place SideFacing Seats. Special Condition No. 23–264–SC, dated March 25, 2015, Electronic Engine Control System. Special Condition 23–265–SC, dated June 9, 2015, Fire Extinguishing. Note: This special condition supersedes the ELOS finding of ELOS Memo ACE–15– 15. Special Condition No. 23–269–SC, dated Sept 14, 2015, Lithium-Ion Battery Installation. Special Condition No. 23–270–SC, dated August 3, 2015: High Altitude Operations. Special Condition Notice No. 23–271– SC, dated October 26, 2015, Cruise Speed Control. If the Administrator finds the applicable airworthiness regulations (i.e., 14 CFR part 23, § 23.562) do not contain adequate or appropriate safety standards for the HA–420 because of a novel or unusual design feature, special conditions are prescribed under the provisions of 14 CFR 21.16. The FAA issues special conditions, as defined in 14 CFR 11.19, under § 11.38, E:\FR\FM\16MRR1.SGM 16MRR1 11636 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations and they become part of the type certification basis under § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, the FAA would apply these special conditions to the other model. jstallworth on DSKBBY8HB2PROD with RULES Novel or Unusual Design Features The HA–420 will incorporate the following novel or unusual design feature: A single-place side-facing lavatory seat intended for taxi, takeoff, and landing. Discussion The seat is to incorporate design features that reduce the potential for injury in the event of an accident. The seat is essentially a padded toilet cover. In a severe impact, the occupant will be restrained by a 2-point seatbelt attached to the sidewall and, in an accident, bear on an adjacent wall/bulkhead forward of the occupant. This wall/bulkhead may or may not be padded, depending upon test results. Due primarily to its close proximity to the occupant, the wall provides the same function of the upper torso restraint for forward facing occupants. The testing should represent features in the cabin that may influence dynamic test results. Notable details include a representative bulkhead forward lavatory wall and any objects that may influence its ability to attenuate load or otherwise affect its stiffness. This could include cabin furniture or seats forward of the bulkhead. Dynamic seat testing also requires seat attachment points be deflected in pitch and roll in order to demonstrate the seat will remain attached as the airplane deforms in an accident. In this installation, pitch and roll are not practicable and not required because the seat is primarily attached to the sidewall and the seatbelt and bulkhead primarily restrain the occupant. In addition to the design features intended to minimize occupant injury during an accident sequence, the installation will also require operational procedures that will facilitate egress in the event of an accident, including leaving the lavatory door locked open during taxi, takeoff, and landing. The adjacent forward wall/bulkhead interior structure may have padding that will VerDate Sep<11>2014 14:39 Mar 15, 2018 Jkt 244001 provide some protection to the head of the occupant if head injury criteria (HIC) values require it. Applicability As discussed above, these special conditions are applicable to the HA– 420. Should Honda Aircraft Company, Inc. 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 FAA would apply these special conditions to that model as well. Conclusion This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. The FAA has determined that notice and opportunity for prior public comment are impracticable because these procedures would significantly delay issuance of the approval design and thus delivery of the affected airplanes. 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. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44702; 44704, Pub. L. 113–53, 127 Stat 584 (49 U.S.C. 44704) note, 14 CFR 21.16 and 21.101(d). 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 Honda Aircraft Company, Inc., HA–420 airplanes. (1) Single-Place Side-Facing Lavatory Seat Dynamic Test (a) Existing Criteria. As referenced by § 23.785(b), all injury protection criteria of § 23.562(c)(l) through (c)(7) apply to the occupants of the side-facing seat. Head injury criteria (HIC) assessments are only required for head contact with the seat and/or adjacent structures. (b) Body-to-wall furnishing contact. The seat must be installed aft of a structure such as an interior wall or furnishing that will contact the pelvis, upper arm, chest, or head of an occupant seated next to the structure. A PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 conservative representation of the structure and its stiffness must be included in the tests. (c) Thoracic Trauma. Testing with a Side Impact Dummy (SID), as defined by 49 CFR part 572, subpart F or its equivalent, must be performed in order to establish Thoracic Trauma Index (TTI) injury criteria. TTI acquired with the SID must be less than 85, as defined in 49 CFR part 572, subpart F. SID TTI data must be processed as defined in Federal Motor Vehicle Safety Standard (FMVSS) part 571.214, section S11.5 Rational analysis, comparing an installation with another installation where TTI data were acquired and found acceptable, may also be viable. (d) Pelvis. Pelvic lateral acceleration must not exceed 130g. Pelvic acceleration data must be processed as defined in FMVSS part 571.214, section S11.5. (e) Shoulder Strap Loads. Where upper torso straps (shoulder straps) are used for occupants, tension loads in individual straps must not exceed 1,750 pounds. If dual straps are used for restraining the upper torso, the total strap tension loads must not exceed 2,000 pounds. (f) Compression Loads. The compression load measured between the pelvis and the lumbar spine of the Anthropomorphic Test Device (ATD) may not exceed 1,500 pounds. (g) Emergency Evacuation. When occupied, the lavatory door must be latched open for taxi, takeoff and landing and remain latched under the § 23.561(b) loads. The airplane configuration must meet the emergency evacuation requirements of its certification basis with the seat occupied. (h) Lavatory Placard. A placard specifying that the lavatory door must be latched (in the open position) for taxi, takeoff, and landing when the lavatory is occupied must be displayed in an acceptable manner for § 23.791 compliance. (i) Test Requirements in § 23.562 dynamic loads. The tests in § 23.562(a), (b), and (c) must be conducted on the lavatory seat. Floor deformation is generally required except for a seat that is cantilevered to the bulkhead. (j) The following are the agreed upon methods of compliance and test requirements: (1) General Test Guidelines (i) One longitudinal test with the SID ATD or its equivalent, un-deformed floor, no yaw, and with all lateral structural supports (armrests/walls) will be accomplished. E:\FR\FM\16MRR1.SGM 16MRR1 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Rules and Regulations —Pass/fail injury assessments: TTI and pelvic acceleration. (ii) One longitudinal test with the Hybrid II ATD, deformed floor, with 10 degrees yaw, and with all lateral structural supports (armrests/walls) will be accomplished. —Pass/fail injury assessments: HIC and upper torso restraint load, restraint system retention, and pelvic acceleration. (iii) Vertical (15 g’s) test is to be conducted with modified Hybrid II ATDs with existing pass/fail criteria. (iv) The ATD can be tethered for the floor deformation test. (v) The seatbelt is not required to have a TSO Authorization but will need to comply with the TSO–C22g Minimum Performance Standards (MPS). (2) Special Notes (i) The ATD head and torso must remain supported by the forward divider (wall) during the event. The ATD is not permitted to move inboard of the divider. (ii) Honda Aircraft Company, Inc. must determine whether the last cabin seat will become a partition panel or bulkhead restraint that can increase ATD inertial loading or otherwise affect the test whether the last cabin seat is occupied or unoccupied. (iii) The ATD should be fitted in a manner reflecting the worst occupant seating. Belts, buckles, and other clothing must remain restrained for the event duration and not become loose items of mass. Issued in Kansas City, Missouri, on March 7, 2018. Pat Mullen, Manager, Small Airplane Standards Branch, Aircraft Certification Service. [FR Doc. 2018–05321 Filed 3–15–18; 8:45 am] BILLING CODE 4910–13–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 232 and 274 [Release Nos. 33–10467; 34–82830; 39– 2520; IC–33041] Adoption of Updated EDGAR Filer Manual Securities and Exchange Commission. ACTION: Final rule. jstallworth on DSKBBY8HB2PROD with RULES AGENCY: The Securities and Exchange Commission (the ‘‘Commission’’) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (‘‘EDGAR’’) Filer Manual and SUMMARY: VerDate Sep<11>2014 14:39 Mar 15, 2018 Jkt 244001 11637 related rules. The EDGAR system is scheduled to be upgraded on March 12, 2018. DATES: Effective March 16, 2018. The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of March 16, 2018. FOR FURTHER INFORMATION CONTACT: In the Division of Investment Management, for questions concerning Form N–PORT and Form N–CEN, contact Heather Fernandez at (202) 551–6708 and for questions concerning submission form type 486BXT, contact Shawn Davis at (202) 551–6413. In the Division of Trading and Markets, for questions concerning Form 13H, contact Richard Holley at (202) 551–5614. In the Division of Economic and Risk Analysis, for questions concerning the updated XBRL taxonomies, contact Brian Hankin at (202) 551–8497. In the Office of Strategic Initiatives, for questions concerning Form ID, contact Christian Windsor at (202) 551–3419 or Mellissa Duru at (202) 551–3757. In the Division of Corporation Finance, for questions concerning the draft registration statements on form type DRS and DRS/A, the draft offering statements on form type DOS and DOS/ A, and submission form type SF–1MEF, contact Heather Mackintosh at (202) 551–8111. In the Office of Municipal Securities, for questions concerning Form MA–I and Form MA–I/A, contact Ahmed Abonamah at (202) 551–3887. SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer Manual, Volume I and Volume II, and making corresponding rule and form amendments. The Filer Manual describes the technical formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML website. The revisions to the Filer Manual reflect changes within Volume I, entitled EDGAR Filer Manual, Volume I: ‘‘General Information,’’ (Version 30) (March 2018), and Volume II, entitled EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 45 (March 2018). The updated manual will be incorporated by reference into the Code of Federal Regulations. The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3 The EDGAR System and Filer Manual will be updated in Release 18.1 and will reflect the following changes. The Form ID entry screen will be revised to allow filers that are applying for access codes to indicate whether they intend to submit a draft registration statement or draft offering statement. Clarifying instructions will be added to Chapter 3 (Becoming an EDGAR Filer) of the EDGAR Filer Manual, Volume I and a technical conforming amendment will be made to Form ID. EDGAR will be revised to add the submission form type SF–1MEF, which will allow registrants to register additional securities pursuant to Rule 462(b) of the Securities Act of 1933 (the ‘‘Securities Act’’) to a prior related effective registration statement filed on Form SF–1. Corresponding changes have been made to Chapter 3 (Index to Forms), Chapter 4 (Filing Fee Information) and Appendix C (EDGAR Submission Types) of the EDGAR Filer Manual, Volume II. EDGAR will also be revised to add submission form type 486BXT for posteffective amendments to Form N–2 filed pursuant to Securities Act Rule 486(b)(1)(iii) to designate a new effective date for a post-effective amendment previously filed pursuant to Securities Act Rule 486(a). Corresponding changes have been made to Chapter 3 (Index to Forms) and Appendices A (Messages Reported by EDGAR) and C (EDGAR Submission Types) of the EDGAR Filer Manual, Volume II. EDGAR will be updated to allow multiple accession numbers and series IDs in the header of NPORT–EX and NPORT–EX/A submissions. This will allow the filer to make a single submission for multiple series. Clarifying changes have been made to Appendix A, (Messages Reported by EDGAR) and Chapter 7 (Preparing and Transmitting EDGARLink Online Submissions) of the EDGAR Filer Manual, Volume II. 1 We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33–6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on December 8, 2017. See Release No. 33– 10444 (December 8, 2017) [83 FR 2369]. 2 See Rule 301 of Regulation S–T (17 CFR 232.301). 3 See Release No. 33–10385 (July 6, 2017) [82 FR 35062] (implementing revisions to reflect EDGAR Release 17.2. For additional history of EDGAR Filer Manual revisions, please see the citations therein). PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\16MRR1.SGM 16MRR1

Agencies

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Rules and Regulations]
[Pages 11634-11637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05321]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2018-0200; Special Conditions No. 23-287-SC]


Special Conditions: Honda Aircraft Company, Inc., HA-420 
Airplane; Single-Place Side-Facing Lavatory Seat Dynamic Test

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Honda Aircraft 
Company, Inc., HA-420 airplane. This airplane will have a novel or 
unusual design feature associated with a single-place side-facing seat 
in the lavatory that can be used as a passenger seat during taxi, 
takeoff, and landing. 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 special conditions are effective March 16, 2018, and are 
applicable March 7, 2018.
    We must receive your comments by April 16, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0200 
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

[[Page 11635]]

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 
website, 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: Bob Stegeman, Federal Aviation 
Administration, AIR-691, Policy & Innovation Division, Small Airplane 
Standards Branch, Aircraft Certification Service, 901 Locust, Kansas 
City, Missouri 64106; telephone (816) 329-4140; facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment are impracticable because these 
procedures would significantly delay issuance of the approval design 
and thus delivery of the affected airplanes.

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 6, 2017, Honda Aircraft Company, Inc. applied for a 
change to Type Certificate (TC) No. A00018AT for the installation of a 
single-place side-facing belted lavatory seat in the HA-420 airplane. 
The HA-420, currently approved under TC No. A00018AT, is a 7-seat, 
lightweight business jet with a 43,000-foot service ceiling and a 
maximum takeoff weight of 9,963 pounds. The airplane is powered by two 
GE-Honda Aero Engines (GHAE) HF-120 turbofan engines.
    The airplane will be equipped with a ``belted'' lavatory seat cover 
that a passenger can be seated in during taxi, takeoff, and landing. 
Therefore, compliance with the provisions of 14 CFR 23.562 and 23.785--
in addition to the certification basis as established in TC No. 
A00018AT--and any additional requirements the FAA determines, are 
applicable. In this case, the approval of a side-facing seat to these 
provisions is considered novel or unusual; therefore, special 
conditions are required.
    14 CFR part 23, amendment 23-36,\2\ effective September 14, 1988, 
revised the emergency landing conditions that must be considered in the 
design of the airplane. Specifically, it revised the static load 
conditions in Sec.  23.561 and added Sec.  23.562 to require dynamic 
testing for all seats approved for occupancy during takeoff and 
landing. The intent of amendment 23-36 is to provide an improved level 
of safety for occupants on airplanes certificated under part 23 (part 
23 airplanes). In part 23 airplanes, most seating is forward or aft 
facing; therefore, the pass/fail criteria in amendment 23-36 focuses on 
forward- and aft-facing seats.
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    \2\ Ref 53 FR 30802, August 15, 1988.
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Type Certification Basis

    Under the provisions of 14 CFR 21.101, Honda Aircraft Company, 
Inc., must show that the HA-420, as changed, continues to meet the 
applicable provisions of the regulations incorporated by reference in 
TC No. A00018AT or 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 regulations incorporated by 
reference in TC No. A00018AT are as follows:
    14 CFR part 23, Airworthiness Standards: Normal, Utility, 
Acrobatic, and Commuter Airplanes, effective February 1, 1965, as 
amended by amendments 23-1, July 29, 1965, through amendment 23-62, 
dated December 2, 2011.
    14 CFR part 34, Fuel Venting and Exhaust Emission Requirements for 
Turbine-Engine-Powered Airplanes, effective September 10, 1990, as 
amended by amendments 34-1, dated July 31, 1995 through amendment 34-5, 
dated December 31, 2012.
    14 CFR part 36, Noise Standards: Aircraft Type Certification and 
Airworthiness Certification, effective March 11, 1994, as amended by 
amendments 36-1, dated December 1, 1965, through amendment 36-29, dated 
March 11, 2013.
    Exemption 11123, dated December 16, 2014, Sec.  23.181(b), Dynamic 
Stability Compliance with Sec.  23.181(b) during takeoff and landing.
    ELOS ACE-15-08, dated June 5, 2015: Use of 1-g Stall Speeds in lieu 
of Minimum Speed in the Stall as a Basis for Determining.
    ELOS ACE-15-09, dated March 26, 2015: Electronic Display of Engine 
Instruments N1, N2, ITT, Oil Pressure, Oil Temperature, Fuel Flow, and 
Fuel Quantity on a Garmin G3000 Integrated Flight Deck.
    ELOS ACE-15-10, dated March 25, 2015: Storage Battery Design and 
Installation Compliance.
    ELOS ACE-15-11, dated September 14, 2015: Airspeed Indicator (ASI) 
Flap Markings.
    ELOS ACE-15-15, dated September 1, 2015: Amendment 23-62 
Corrections.
    Special Condition No. 23-263-SC, dated March 25, 2015, Dynamic Test 
Requirements for Single-Place Side-Facing Seats.
    Special Condition No. 23-264-SC, dated March 25, 2015, Electronic 
Engine Control System.
    Special Condition 23-265-SC, dated June 9, 2015, Fire 
Extinguishing. Note: This special condition supersedes the ELOS finding 
of ELOS Memo ACE-15-15.
    Special Condition No. 23-269-SC, dated Sept 14, 2015, Lithium-Ion 
Battery Installation.
    Special Condition No. 23-270-SC, dated August 3, 2015: High 
Altitude Operations.
    Special Condition Notice No. 23-271-SC, dated October 26, 2015, 
Cruise Speed Control.
    If the Administrator finds the applicable airworthiness regulations 
(i.e., 14 CFR part 23, Sec.  23.562) do not contain adequate or 
appropriate safety standards for the HA-420 because of a novel or 
unusual design feature, special conditions are prescribed under the 
provisions of 14 CFR 21.16.
    The FAA issues special conditions, as defined in 14 CFR 11.19, 
under Sec.  11.38,

[[Page 11636]]

and they become part of the type certification basis under Sec.  
21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the FAA would apply these special conditions to 
the other model.

Novel or Unusual Design Features

    The HA-420 will incorporate the following novel or unusual design 
feature:
    A single-place side-facing lavatory seat intended for taxi, 
takeoff, and landing.

Discussion

    The seat is to incorporate design features that reduce the 
potential for injury in the event of an accident. The seat is 
essentially a padded toilet cover. In a severe impact, the occupant 
will be restrained by a 2-point seatbelt attached to the sidewall and, 
in an accident, bear on an adjacent wall/bulkhead forward of the 
occupant. This wall/bulkhead may or may not be padded, depending upon 
test results. Due primarily to its close proximity to the occupant, the 
wall provides the same function of the upper torso restraint for 
forward facing occupants.
    The testing should represent features in the cabin that may 
influence dynamic test results. Notable details include a 
representative bulkhead forward lavatory wall and any objects that may 
influence its ability to attenuate load or otherwise affect its 
stiffness. This could include cabin furniture or seats forward of the 
bulkhead.
    Dynamic seat testing also requires seat attachment points be 
deflected in pitch and roll in order to demonstrate the seat will 
remain attached as the airplane deforms in an accident. In this 
installation, pitch and roll are not practicable and not required 
because the seat is primarily attached to the sidewall and the seatbelt 
and bulkhead primarily restrain the occupant.
    In addition to the design features intended to minimize occupant 
injury during an accident sequence, the installation will also require 
operational procedures that will facilitate egress in the event of an 
accident, including leaving the lavatory door locked open during taxi, 
takeoff, and landing. The adjacent forward wall/bulkhead interior 
structure may have padding that will provide some protection to the 
head of the occupant if head injury criteria (HIC) values require it.

Applicability

    As discussed above, these special conditions are applicable to the 
HA-420. Should Honda Aircraft Company, Inc. 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 FAA would apply these 
special conditions to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of these 
features on the airplane.
    The FAA has determined that notice and opportunity for prior public 
comment are impracticable because these procedures would significantly 
delay issuance of the approval design and thus delivery of the affected 
airplanes. 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.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702; 44704, 
Pub. L. 113-53, 127 Stat 584 (49 U.S.C. 44704) note, 14 CFR 21.16 
and 21.101(d).

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 Honda Aircraft Company, Inc., HA-420 
airplanes.

(1) Single-Place Side-Facing Lavatory Seat Dynamic Test

    (a) Existing Criteria. As referenced by Sec.  23.785(b), all injury 
protection criteria of Sec.  23.562(c)(l) through (c)(7) apply to the 
occupants of the side-facing seat. Head injury criteria (HIC) 
assessments are only required for head contact with the seat and/or 
adjacent structures.
    (b) Body-to-wall furnishing contact. The seat must be installed aft 
of a structure such as an interior wall or furnishing that will contact 
the pelvis, upper arm, chest, or head of an occupant seated next to the 
structure. A conservative representation of the structure and its 
stiffness must be included in the tests.
    (c) Thoracic Trauma. Testing with a Side Impact Dummy (SID), as 
defined by 49 CFR part 572, subpart F or its equivalent, must be 
performed in order to establish Thoracic Trauma Index (TTI) injury 
criteria. TTI acquired with the SID must be less than 85, as defined in 
49 CFR part 572, subpart F. SID TTI data must be processed as defined 
in Federal Motor Vehicle Safety Standard (FMVSS) part 571.214, section 
S11.5 Rational analysis, comparing an installation with another 
installation where TTI data were acquired and found acceptable, may 
also be viable.
    (d) Pelvis. Pelvic lateral acceleration must not exceed 130g. 
Pelvic acceleration data must be processed as defined in FMVSS part 
571.214, section S11.5.
    (e) Shoulder Strap Loads. Where upper torso straps (shoulder 
straps) are used for occupants, tension loads in individual straps must 
not exceed 1,750 pounds. If dual straps are used for restraining the 
upper torso, the total strap tension loads must not exceed 2,000 
pounds.
    (f) Compression Loads. The compression load measured between the 
pelvis and the lumbar spine of the Anthropomorphic Test Device (ATD) 
may not exceed 1,500 pounds.
    (g) Emergency Evacuation. When occupied, the lavatory door must be 
latched open for taxi, takeoff and landing and remain latched under the 
Sec.  23.561(b) loads. The airplane configuration must meet the 
emergency evacuation requirements of its certification basis with the 
seat occupied.
    (h) Lavatory Placard. A placard specifying that the lavatory door 
must be latched (in the open position) for taxi, takeoff, and landing 
when the lavatory is occupied must be displayed in an acceptable manner 
for Sec.  23.791 compliance.
    (i) Test Requirements in Sec.  23.562 dynamic loads. The tests in 
Sec.  23.562(a), (b), and (c) must be conducted on the lavatory seat. 
Floor deformation is generally required except for a seat that is 
cantilevered to the bulkhead.
    (j) The following are the agreed upon methods of compliance and 
test requirements:

(1) General Test Guidelines

    (i) One longitudinal test with the SID ATD or its equivalent, un-
deformed floor, no yaw, and with all lateral structural supports 
(armrests/walls) will be accomplished.


[[Page 11637]]


--Pass/fail injury assessments: TTI and pelvic acceleration.

    (ii) One longitudinal test with the Hybrid II ATD, deformed floor, 
with 10 degrees yaw, and with all lateral structural supports 
(armrests/walls) will be accomplished.

--Pass/fail injury assessments: HIC and upper torso restraint load, 
restraint system retention, and pelvic acceleration.

    (iii) Vertical (15 g's) test is to be conducted with modified 
Hybrid II ATDs with existing pass/fail criteria.
    (iv) The ATD can be tethered for the floor deformation test.
    (v) The seatbelt is not required to have a TSO Authorization but 
will need to comply with the TSO-C22g Minimum Performance Standards 
(MPS).

(2) Special Notes

    (i) The ATD head and torso must remain supported by the forward 
divider (wall) during the event. The ATD is not permitted to move 
inboard of the divider.
    (ii) Honda Aircraft Company, Inc. must determine whether the last 
cabin seat will become a partition panel or bulkhead restraint that can 
increase ATD inertial loading or otherwise affect the test whether the 
last cabin seat is occupied or unoccupied.
    (iii) The ATD should be fitted in a manner reflecting the worst 
occupant seating. Belts, buckles, and other clothing must remain 
restrained for the event duration and not become loose items of mass.

    Issued in Kansas City, Missouri, on March 7, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-05321 Filed 3-15-18; 8:45 am]
 BILLING CODE 4910-13-P