Special Conditions: Bombardier Model BD-500-1A10 and BD-500-1A11 Airplanes, Installation of Inflatable Lap Belts on Seats, 30525-30528 [2018-13999]
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30525
Rules and Regulations
Federal Register
Vol. 83, No. 126
Friday, June 29, 2018
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2018–0320; Special
Conditions No. 25–731–SC]
Special Conditions: Bombardier Model
BD–500–1A10 and BD–500–1A11
Airplanes, Installation of Inflatable Lap
Belts on Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Bombardier Inc.
(Bombardier) Model BD–500–1A10 and
BD–500–1A11 airplanes. These
airplanes will have a novel or unusual
design feature when compared to the
state of technology envisioned in the
airworthiness standards for transport
category airplanes. This design feature
is installation of inflatable lap belts on
seats. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on
Bombardier on June 29, 2018. Send
comments on or before August 13, 2018.
ADDRESSES: Send comments identified
by Docket No. FAA–2018–0320 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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• 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 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).
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:
Alan Sinclair, Airframe and Cabin
Section, AIR–675, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service, Federal
Aviation Administration, 2200 South
216th Street, Des Moines, Washington
98198; telephone and fax 206–231–
3215; email alan.sinclair@faa.gov.
The
substance of these special conditions
previously has been published in the
Federal Register for public comment.
These special conditions have been
derived without substantive change
from those previously issued. It is
unlikely that prior public comment
would result in a significant change
from the substance contained herein.
Therefore, the FAA has determined that
prior public notice and comment are
unnecessary, and finds that, for the
same reason, good cause exists for
adopting these special conditions upon
publication in the Federal Register.
SUPPLEMENTARY INFORMATION:
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Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On December 6, 2017, Bombardier
applied for an amendment to Type
Certificate No. T00008NY to include the
new Model BD–500–1A10 and BD–500–
1A11 airplanes. These airplanes, which
are a derivative of the Model BD–500
currently approved under Type
Certificate No. T00008NY, are transportcategory, twin-engine airplanes. The
BD–500–1A10 has seating for 110 to 130
passengers and an estimated maximum
take-off weight of 129,000 lbs. The BD–
500–1A11 has seating for 130–150
passengers and an estimated maximum
take-off weight of 144,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Bombardier must show that the Model
BD–500–1A10 and BD–500–1A11
airplanes meet the applicable provisions
of the regulations listed in Type
Certificate No. T00008NY, 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 Bombardier Model BD–500–
1A10 and BD–500–1A11 airplanes
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations
type certificate be modified to
incorporate the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Bombardier Model BD–
500–1A10 and BD–500–1A11 airplanes
must comply with the fuel-vent and
exhaust-emission requirements of 14
CFR part 34, and the noise-certification
requirements of 14 CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
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Novel or Unusual Design Features
The Bombardier Model BD–500–1A10
and BD–500–1A11 airplanes will
incorporate the following novel or
unusual design feature:
Installation of inflatable lap belts on
seats.
Discussion
The inflatable lap belt has two
potential advantages over other means
of head-impact protection. First, it can
provide significantly greater protection
than would be expected with energyabsorbing pads, and second, it can
provide essentially equivalent
protection for occupants of all stature.
These are significant advantages from a
safety standpoint, because such devices
will likely provide a level of safety that
exceeds the minimum standards of part
25. Conversely, inflatable lap belts in
general are active systems and must be
relied upon to activate properly when
needed, as opposed to an energyabsorbing pad or upper torso restraint
that is passive and always available.
Therefore, the potential advantages
must be balanced against this and other
potential disadvantages to develop
standards for this design feature.
The FAA has considered the
installation of inflatable lap belts to
have two primary safety concerns: First,
that they perform properly under
foreseeable operating conditions; and
second, that they do not perform in a
manner or at such times as would
constitute a hazard to the airplane or
occupants. This latter point has the
potential to be the more rigorous of the
requirements, owing to the active nature
of the system.
The inflatable lap belt will rely on
electronic sensors for signaling, and will
employ an automatic inflation
mechanism for activation, so that it is
available when needed. These same
devices could be susceptible to
inadvertent activation, causing
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deployment in a potentially unsafe
manner. The consequences of such
deployment must be considered in
establishing the reliability of the system.
The applicant must substantiate that the
effects of an inadvertent deployment in
flight are either not a hazard to the
airplane, or that such deployment is an
extremely improbable occurrence (less
than 10¥9 per flight hour). The effect of
an inadvertent deployment on a
passenger or crewmember that might be
positioned close to the inflatable lap
belt should also be considered. The
person could be either standing or
sitting. A minimum reliability level will
have to be established for this case,
depending upon the consequences, even
if the effect on the airplane is negligible.
The potential for an inadvertent
deployment could be increased as a
result of conditions in service. The
installation must take into account wear
and tear so that the likelihood of an
inadvertent deployment is not increased
to an unacceptable level. In this context,
an appropriate inspection interval and
self-test capability are considered
necessary. Other outside influences are
lightning and high-intensity radiated
fields (HIRF). Existing regulations
regarding lightning, § 25.1316, and
HIRF, § 25.1317, are applicable. For
compliance with those conditions, if
inadvertent deployment could cause a
hazard to the airplane, the inflatable lap
belt is considered a critical system; if
inadvertent deployment could cause
injuries to persons, the inflatable lap
belt should be considered an essential
system. Finally, the inflatable lap-belt
installation should be protected from
the effects of fire, so that an additional
hazard is not created by, for example, a
rupture of a pyrotechnic squib.
To function as an effective safety
system, the inflatable lap belt must
function properly and must not
introduce any additional hazards to
occupants as a result of its functioning.
The inflatable lap belt differs variously
from traditional occupant-protection
systems and requires special conditions
to ensure adequate performance.
Because the inflatable lap belt is
essentially a single-use device, it could
potentially deploy under crash
conditions that are not sufficiently
severe as to require head-injury
protection from the inflatable lap belt.
And because an actual crash is
frequently composed of a series of
impacts before the airplane comes to
rest, this could render the inflatable lap
belt useless if a larger impact follows
the initial impact. This situation does
not exist with energy-absorbing pads or
upper-torso restraints, which tend to
provide continuous protection
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regardless of severity or number of
impacts in a crash event. Therefore, the
inflatable lap-belt installation should be
such that the inflatable lap belt will
provide protection when it is required,
by not expending its protection during
a less-severe impact. Also, it is possible
to have several large impact events
during the course of a crash, but there
will be no requirement for the inflatable
lap belt to provide protection for
multiple impacts.
Given that each occupant’s restraint
system provides protection for that
occupant only, the installation must
address unoccupied seats. It will be
necessary to show that the required
protection is provided for each occupant
regardless of the number of occupied
seats, and that unoccupied seats may
have lap belts that are active.
The inflatable lap belt should be
effective for a wide range of occupants.
The FAA has historically considered the
range from the 5th percentile female to
the 95th percentile male as the range of
occupants that must be taken into
account. In this case, the FAA is
proposing consideration of a broader
range of occupants due to the nature of
the lap-belt installation and its close
proximity to the occupant. In a similar
vein, these persons could have assumed
the brace position for those accidents
where an impact is anticipated. Test
data indicate that occupants in the brace
position do not require supplemental
protection, so it would not be necessary
to show that the inflatable lap belt will
enhance the brace position. However,
the inflatable lap belt must not
introduce a hazard when it is deployed
into a seated, braced occupant.
Another area of concern is the use of
seats so equipped by children, whether
they are lap-held, sitting in approved
child-safety seats, or occupying the seat
directly. Although specifically
prohibited by FAA operating
regulations, the use of the
supplementary loop belt (‘‘belly belt’’)
may be required by other civil aviation
authorities, and should also be
considered with the purpose of meeting
those regulations. Similarly, if the seat
is occupied by a pregnant woman, the
installation needs to address such usage,
either by demonstrating that it will
function properly, or by adding
appropriate limitation on usage.
The inflatable lap belt will be
electrically powered. Likewise, the
system could possibly fail due to a
separation in the fuselage. Because this
system is intended as crash/post-crash
protection means, failure due to fuselage
separation is not acceptable. As with
emergency lighting, the restraint system
should function properly if such a
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separation occurs at any point in the
fuselage.
Because the inflatable lap belt is
likely to have a large volume
displacement, the inflated bag could
potentially impede egress of passengers.
However, the lap-belt bag deflates to
absorb energy, so it is likely that an
inflatable lap belt would be deflated by
the time passengers begin to leave their
seats. Nonetheless, it is appropriate to
specify a time interval after which the
inflatable lap belt may not impede rapid
egress. The maximum time allowed for
an exit to open fully after actuation is
10 seconds, according to § 25.809(b)(2).
Therefore, the FAA has established 10
seconds as the time interval that the
inflatable lap belt must not impede
rapid egress from the seat after it is
deployed. In actuality, it is unlikely that
a flight attendant would prepare an exit
this quickly in an accident severe
enough to warrant deployment of the
inflatable lap belt. The inflatable lap
belt will likely deflate much more
quickly than 10 seconds.
This potential impediment to rapid
egress is even more critical at the seats
installed in the emergency-exit rows.
Installation of inflatable restraints at the
Type III exit rows presents different
egress concerns as compared with frontrow seats. However, the need to address
egress is already part of the special
conditions, so the special conditions are
not changed at this time. As noted
below, the method of compliance with
the special conditions may involve
specific considerations when an
inflatable restraint is installed at Type
III exits. Section 25.813 clearly requires
access to the exit from the main aisle in
the form of an unobstructed
passageway, and no interference in
opening the exit. The restraint system
must not create an impediment to the
access to, and the opening of, the exit.
These lap belts should be evaluated in
the exit row under existing regulations
(§§ 25.809 and 25.813) and guidance
material. The inflatable lap belts must
also be evaluated in post-crash
conditions, and should be evaluated
using representative restraint systems in
the bag-deployed condition.
This evaluation would include
reviewing the access to, and opening of,
the exit, specifically for obstructions in
the egress path; and any interferences in
opening the exit. Each unique interior
configuration must be considered, e.g.,
passageway width, single or dual
passageways with outboard seat
removed, etc. If the restraint creates any
obstruction or interference, it is likely
that it could impede rapid egress from
the airplane. In some cases, the
passenger is the one who will open the
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exit, such as a Type III over-wing hatch.
Project-specific means-of-compliance
guidance is likely necessary if these
restraint systems are installed at the
Type III exit rows.
Note that the special conditions are
applicable to the inflatable lap-belt
system as installed. The special
conditions are not an installation
approval. Therefore, while the special
conditions relate to each such system
installed, the overall installation
approval is separate, and must consider
the combined effects of all such systems
installed.
Bombardier will install inflatable lap
belts, a novel design feature, on certain
seats of their Model BD–500–1A10 and
BD–500–1A11 airplanes, to reduce the
potential for head injury if an accident
occurs. The inflatable lap belt works
similar to an automotive inflatable air
bag, except that the air bag in the
applicant’s design is integrated into the
lap belt of the restraint system.
The performance criteria for headinjury protection in objective terms is
stated in § 25.562. However, none of
these criteria are adequate to address the
specific issues raised concerning seats
with inflatable lap belts. The FAA
therefore has determined that, in
addition to the requirements of part 25,
special conditions are needed to address
requirements particular to the
installation of seats with inflatable lap
belts.
Accordingly, in addition to the
passenger-injury criteria specified in
§ 25.785, these special conditions are for
Bombardier Model BD–500–1A10 and
BD–500–1A11 airplanes equipped with
inflatable lap belts. Other conditions
may be developed, as needed, based on
further FAA review and discussions
with the manufacturer and civil-aviation
authorities.
Part I of part 25, appendix F specifies
the flammability requirements for
interior materials and components.
There is no reference to inflatable
restraint systems in appendix F, because
such devices did not exist at the time
the flammability requirements were
written. The existing requirements are
based on material types as well as use,
and have been specified in light of stateof-the-art materials available to perform
a given function. Without a specific
reference, the default requirement
would apply to the type of material used
in making the inflatable restraint, which
is a fabric in this case. However, in
writing special conditions, the FAA
must also consider the use of the
material, and whether the default
requirement is appropriate. In this case,
the specialized function of the inflatable
restraint means that highly specialized
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30527
materials are needed. The standard
normally applied to fabrics is a 12second vertical ignition test. However,
materials that meet this standard do not
perform adequately as inflatable
restraints. Because the safety benefit of
the inflatable restraint is significant, the
flammability standard appropriate for
these devices should not screen out
suitable materials and thereby
effectively eliminate the use of
inflatable restraints. The FAA must
establish a balance between the safety
benefit of the inflatable restraint and its
flammability performance. Presently,
the 2.5-inch-per-minute horizontal test
is considered to provide that balance.
As the state-of-the-art in materials
progresses (which is expected), the FAA
may change this standard in subsequent
special conditions to account for
improved materials.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to Bombardier
Model BD–500–1A10 and BD–500–
1A11 airplanes. Should Bombardier
apply at a later date for a change to the
type certificate to include another
model incorporating the same novel or
unusual design feature, these special
conditions would apply to that model as
well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of airplanes. It is not a rule
of general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 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 Bombardier Model
BD–500–1A10 and BD–500–1A11
airplanes.
1. The inflatable lap belt must be
shown to deploy and provide protection
under crash conditions where it is
necessary to prevent serious head
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations
injury. The means of protection must
take into consideration a range of stature
from a two-year-old child to a 95th
percentile male. The inflatable lap belt
must provide a consistent approach to
energy absorption throughout that range
of occupants. In addition, the following
situations must be considered.
The seat occupant is:
• Holding an infant
• a child in a child-restraint device
• a child not using a child-restraint
device
• a pregnant woman
2. The inflatable lap belt must provide
adequate protection for each occupant
regardless of the number of occupants of
the seat assembly, considering that
unoccupied seats may have an active
airbag system in the lap belt.
3. The design must prevent the
inflatable lap belt from being either
incorrectly buckled or incorrectly
installed such that the inflatable lap belt
would not properly deploy.
Alternatively, it must be shown that
such deployment is not hazardous to the
occupant, and will provide the required
head-injury protection.
4. The inflatable lap-belt system must
be shown not to be susceptible to
inadvertent deployment as a result of
wear and tear, or inertial loads resulting
from in-flight or ground maneuvers
(including gusts and hard landings),
likely to be experienced in service.
5. Deployment of the inflatable lap
belt must not introduce injury
mechanisms to the seated occupant, nor
result in injuries that could impede
rapid egress. This assessment should
include an occupant who is in the brace
position when it deploys, and an
occupant whose inflatable lap belt is
loosely fastened.
6. An inadvertent deployment that
could cause injury to a standing or
sitting person must be shown to be
improbable.
7. It must be shown that inadvertent
deployment of the airbag system in the
lap belt, during the most critical part of
the flight, either will not cause a hazard
to the airplane or its occupants, or meets
the requirement of § 25.1309(b).
8. The inflatable lap belt must be
shown to not impede rapid egress of
occupants 10 seconds after its
deployment.
9. The inflatable lap-belt system must
be protected from lightning and HIRF.
The threats specified in existing
regulations regarding lightning,
§ 25.1316, and HIRF, § 25.1317, are
incorporated by reference for the
purpose of measuring lightning and
HIRF protection. For the purposes of
complying with HIRF requirements, the
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inflatable lap-belt system is considered
a ‘‘critical system’’ if its deployment
could have a hazardous effect on the
airplane; otherwise it is considered an
‘‘essential’’ system.
10. The inflatable lap belt must
function properly after loss of normal
airplane electrical power, and after a
transverse separation of the fuselage at
the most critical location. A separation
at the location of the lap belt does not
have to be considered.
11. The inflatable lap belt must be
shown to not release hazardous
quantities of gas or particulate matter
into the cabin.
12. The inflatable lap-belt installation
must be protected from the effects of fire
such that no hazard to occupants will
result.
13. A means must be available for a
crewmember to verify the integrity of
the inflatable-lap-belt-activation system
prior to each flight, or it must be
demonstrated to reliably operate
between inspection intervals.
14. The inflatable material may not
have an average burn rate of greater than
2.5 inches per minute when tested using
the horizontal-flammability test as
defined in 14 CFR part 25, appendix F,
section I(b)(5).
15. The airbag system in the lap belt,
once deployed, must not adversely
affect the emergency-lighting system
(i.e., block floor-proximity lights to the
extent that the lights no longer meet
their intended function).
Issued in Des Moines, Washington, on June
25, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy
and Innovation Division, Aircraft
Certification Service.
[FR Doc. 2018–13999 Filed 6–28–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 170621579–8522–02]
RIN 0648–BG96
Fisheries of the Exclusive Economic
Zone Off Alaska; Nontrawl Lead Level
2 Observers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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NMFS issues regulations to
modify specific provisions of the North
Pacific Observer Program. The first two
elements of this final rule implement
requirements for an observer to obtain a
nontrawl lead level 2 (LL2) deployment
endorsement and implement a precruise meeting requirement for vessels
required to carry an observer with a
nontrawl LL2 deployment endorsement.
These two elements are intended to
increase the number of observers that
qualify for a nontrawl LL2 deployment
endorsement and maintain observer
safety and data quality. The third
element of this final rule removes
duplicative and unnecessary reporting
requirements and makes minor changes
to reduce observer requirements for
specific vessels when participating in
the Western Alaska Community
Development Quota (CDQ) Program.
This action is intended to promote the
goals and objectives of the MagnusonStevens Fishery Conservation and
Management Act, the Fishery
Management Plan for Groundfish of the
Gulf of Alaska, and the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area, and other applicable
law.
DATES: Effective July 30, 2018.
ADDRESSES: Electronic copies of the
Regulatory Impact Review (RIR) and the
Categorical Exclusion prepared for this
action are available from
www.regulations.gov or from the NMFS
Alaska Region website at
alaskafisheries.noaa.gov. All public
comment letters submitted during the
comment period may be obtained from
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2017-0071.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted by mail to NMFS
Alaska Region, P.O. Box 21668, Juneau,
AK 99802–1668, Attn: Ellen Sebastian,
Records Officer; in person at NMFS
Alaska Region, 709 West 9th Street,
Room 420A, Juneau, AK; and to OIRA
by email to OIRA_Submission@
omb.eop.gov or by fax to 202–395–5806.
FOR FURTHER INFORMATION CONTACT:
Alicia M Miller, (907) 586–7228 or
alicia.m.miller@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for Action
NMFS manages the groundfish
fisheries in the exclusive economic zone
under the Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) and under the Fishery
Management Plan for Groundfish of the
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Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30525-30528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13999]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules
and Regulations
[[Page 30525]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2018-0320; Special Conditions No. 25-731-SC]
Special Conditions: Bombardier Model BD-500-1A10 and BD-500-1A11
Airplanes, Installation of Inflatable Lap Belts on Seats
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 Bombardier Inc.
(Bombardier) Model BD-500-1A10 and BD-500-1A11 airplanes. These
airplanes will have a novel or unusual design feature when compared to
the state of technology envisioned in the airworthiness standards for
transport category airplanes. This design feature is installation of
inflatable lap belts on seats. The applicable airworthiness regulations
do not contain adequate or appropriate safety standards for this design
feature. These special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
DATES: This action is effective on Bombardier on June 29, 2018. Send
comments on or before August 13, 2018.
ADDRESSES: Send comments identified by Docket No. FAA-2018-0320 using
any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to https://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket 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).
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: Alan Sinclair, Airframe and Cabin
Section, AIR-675, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax 206-231-3215; email [email protected].
SUPPLEMENTARY INFORMATION: The substance of these special conditions
previously has been published in the Federal Register for public
comment. These special conditions have been derived without substantive
change from those previously issued. It is unlikely that prior public
comment would result in a significant change from the substance
contained herein. Therefore, the FAA has determined that prior public
notice and comment are unnecessary, and finds that, for the same
reason, good cause exists for adopting these special conditions upon
publication in the Federal Register.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.
Background
On December 6, 2017, Bombardier applied for an amendment to Type
Certificate No. T00008NY to include the new Model BD-500-1A10 and BD-
500-1A11 airplanes. These airplanes, which are a derivative of the
Model BD-500 currently approved under Type Certificate No. T00008NY,
are transport-category, twin-engine airplanes. The BD-500-1A10 has
seating for 110 to 130 passengers and an estimated maximum take-off
weight of 129,000 lbs. The BD-500-1A11 has seating for 130-150
passengers and an estimated maximum take-off weight of 144,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Bombardier must show that the Model BD-500-1A10 and BD-
500-1A11 airplanes meet the applicable provisions of the regulations
listed in Type Certificate No. T00008NY, 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 Bombardier Model BD-500-1A10 and
BD-500-1A11 airplanes because of a novel or unusual design feature,
special conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same
[[Page 30526]]
type certificate be modified to incorporate the same novel or unusual
design feature, these special conditions would also apply to the other
model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Bombardier Model BD-500-1A10 and BD-500-1A11 airplanes
must comply with the fuel-vent and exhaust-emission requirements of 14
CFR part 34, and the noise-certification requirements of 14 CFR part
36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Bombardier Model BD-500-1A10 and BD-500-1A11 airplanes will
incorporate the following novel or unusual design feature:
Installation of inflatable lap belts on seats.
Discussion
The inflatable lap belt has two potential advantages over other
means of head-impact protection. First, it can provide significantly
greater protection than would be expected with energy-absorbing pads,
and second, it can provide essentially equivalent protection for
occupants of all stature. These are significant advantages from a
safety standpoint, because such devices will likely provide a level of
safety that exceeds the minimum standards of part 25. Conversely,
inflatable lap belts in general are active systems and must be relied
upon to activate properly when needed, as opposed to an energy-
absorbing pad or upper torso restraint that is passive and always
available. Therefore, the potential advantages must be balanced against
this and other potential disadvantages to develop standards for this
design feature.
The FAA has considered the installation of inflatable lap belts to
have two primary safety concerns: First, that they perform properly
under foreseeable operating conditions; and second, that they do not
perform in a manner or at such times as would constitute a hazard to
the airplane or occupants. This latter point has the potential to be
the more rigorous of the requirements, owing to the active nature of
the system.
The inflatable lap belt will rely on electronic sensors for
signaling, and will employ an automatic inflation mechanism for
activation, so that it is available when needed. These same devices
could be susceptible to inadvertent activation, causing deployment in a
potentially unsafe manner. The consequences of such deployment must be
considered in establishing the reliability of the system. The applicant
must substantiate that the effects of an inadvertent deployment in
flight are either not a hazard to the airplane, or that such deployment
is an extremely improbable occurrence (less than 10-9 per
flight hour). The effect of an inadvertent deployment on a passenger or
crewmember that might be positioned close to the inflatable lap belt
should also be considered. The person could be either standing or
sitting. A minimum reliability level will have to be established for
this case, depending upon the consequences, even if the effect on the
airplane is negligible.
The potential for an inadvertent deployment could be increased as a
result of conditions in service. The installation must take into
account wear and tear so that the likelihood of an inadvertent
deployment is not increased to an unacceptable level. In this context,
an appropriate inspection interval and self-test capability are
considered necessary. Other outside influences are lightning and high-
intensity radiated fields (HIRF). Existing regulations regarding
lightning, Sec. 25.1316, and HIRF, Sec. 25.1317, are applicable. For
compliance with those conditions, if inadvertent deployment could cause
a hazard to the airplane, the inflatable lap belt is considered a
critical system; if inadvertent deployment could cause injuries to
persons, the inflatable lap belt should be considered an essential
system. Finally, the inflatable lap-belt installation should be
protected from the effects of fire, so that an additional hazard is not
created by, for example, a rupture of a pyrotechnic squib.
To function as an effective safety system, the inflatable lap belt
must function properly and must not introduce any additional hazards to
occupants as a result of its functioning. The inflatable lap belt
differs variously from traditional occupant-protection systems and
requires special conditions to ensure adequate performance.
Because the inflatable lap belt is essentially a single-use device,
it could potentially deploy under crash conditions that are not
sufficiently severe as to require head-injury protection from the
inflatable lap belt. And because an actual crash is frequently composed
of a series of impacts before the airplane comes to rest, this could
render the inflatable lap belt useless if a larger impact follows the
initial impact. This situation does not exist with energy-absorbing
pads or upper-torso restraints, which tend to provide continuous
protection regardless of severity or number of impacts in a crash
event. Therefore, the inflatable lap-belt installation should be such
that the inflatable lap belt will provide protection when it is
required, by not expending its protection during a less-severe impact.
Also, it is possible to have several large impact events during the
course of a crash, but there will be no requirement for the inflatable
lap belt to provide protection for multiple impacts.
Given that each occupant's restraint system provides protection for
that occupant only, the installation must address unoccupied seats. It
will be necessary to show that the required protection is provided for
each occupant regardless of the number of occupied seats, and that
unoccupied seats may have lap belts that are active.
The inflatable lap belt should be effective for a wide range of
occupants. The FAA has historically considered the range from the 5th
percentile female to the 95th percentile male as the range of occupants
that must be taken into account. In this case, the FAA is proposing
consideration of a broader range of occupants due to the nature of the
lap-belt installation and its close proximity to the occupant. In a
similar vein, these persons could have assumed the brace position for
those accidents where an impact is anticipated. Test data indicate that
occupants in the brace position do not require supplemental protection,
so it would not be necessary to show that the inflatable lap belt will
enhance the brace position. However, the inflatable lap belt must not
introduce a hazard when it is deployed into a seated, braced occupant.
Another area of concern is the use of seats so equipped by
children, whether they are lap-held, sitting in approved child-safety
seats, or occupying the seat directly. Although specifically prohibited
by FAA operating regulations, the use of the supplementary loop belt
(``belly belt'') may be required by other civil aviation authorities,
and should also be considered with the purpose of meeting those
regulations. Similarly, if the seat is occupied by a pregnant woman,
the installation needs to address such usage, either by demonstrating
that it will function properly, or by adding appropriate limitation on
usage.
The inflatable lap belt will be electrically powered. Likewise, the
system could possibly fail due to a separation in the fuselage. Because
this system is intended as crash/post-crash protection means, failure
due to fuselage separation is not acceptable. As with emergency
lighting, the restraint system should function properly if such a
[[Page 30527]]
separation occurs at any point in the fuselage.
Because the inflatable lap belt is likely to have a large volume
displacement, the inflated bag could potentially impede egress of
passengers. However, the lap-belt bag deflates to absorb energy, so it
is likely that an inflatable lap belt would be deflated by the time
passengers begin to leave their seats. Nonetheless, it is appropriate
to specify a time interval after which the inflatable lap belt may not
impede rapid egress. The maximum time allowed for an exit to open fully
after actuation is 10 seconds, according to Sec. 25.809(b)(2).
Therefore, the FAA has established 10 seconds as the time interval that
the inflatable lap belt must not impede rapid egress from the seat
after it is deployed. In actuality, it is unlikely that a flight
attendant would prepare an exit this quickly in an accident severe
enough to warrant deployment of the inflatable lap belt. The inflatable
lap belt will likely deflate much more quickly than 10 seconds.
This potential impediment to rapid egress is even more critical at
the seats installed in the emergency-exit rows. Installation of
inflatable restraints at the Type III exit rows presents different
egress concerns as compared with front-row seats. However, the need to
address egress is already part of the special conditions, so the
special conditions are not changed at this time. As noted below, the
method of compliance with the special conditions may involve specific
considerations when an inflatable restraint is installed at Type III
exits. Section 25.813 clearly requires access to the exit from the main
aisle in the form of an unobstructed passageway, and no interference in
opening the exit. The restraint system must not create an impediment to
the access to, and the opening of, the exit. These lap belts should be
evaluated in the exit row under existing regulations (Sec. Sec. 25.809
and 25.813) and guidance material. The inflatable lap belts must also
be evaluated in post-crash conditions, and should be evaluated using
representative restraint systems in the bag-deployed condition.
This evaluation would include reviewing the access to, and opening
of, the exit, specifically for obstructions in the egress path; and any
interferences in opening the exit. Each unique interior configuration
must be considered, e.g., passageway width, single or dual passageways
with outboard seat removed, etc. If the restraint creates any
obstruction or interference, it is likely that it could impede rapid
egress from the airplane. In some cases, the passenger is the one who
will open the exit, such as a Type III over-wing hatch. Project-
specific means-of-compliance guidance is likely necessary if these
restraint systems are installed at the Type III exit rows.
Note that the special conditions are applicable to the inflatable
lap-belt system as installed. The special conditions are not an
installation approval. Therefore, while the special conditions relate
to each such system installed, the overall installation approval is
separate, and must consider the combined effects of all such systems
installed.
Bombardier will install inflatable lap belts, a novel design
feature, on certain seats of their Model BD-500-1A10 and BD-500-1A11
airplanes, to reduce the potential for head injury if an accident
occurs. The inflatable lap belt works similar to an automotive
inflatable air bag, except that the air bag in the applicant's design
is integrated into the lap belt of the restraint system.
The performance criteria for head-injury protection in objective
terms is stated in Sec. 25.562. However, none of these criteria are
adequate to address the specific issues raised concerning seats with
inflatable lap belts. The FAA therefore has determined that, in
addition to the requirements of part 25, special conditions are needed
to address requirements particular to the installation of seats with
inflatable lap belts.
Accordingly, in addition to the passenger-injury criteria specified
in Sec. 25.785, these special conditions are for Bombardier Model BD-
500-1A10 and BD-500-1A11 airplanes equipped with inflatable lap belts.
Other conditions may be developed, as needed, based on further FAA
review and discussions with the manufacturer and civil-aviation
authorities.
Part I of part 25, appendix F specifies the flammability
requirements for interior materials and components. There is no
reference to inflatable restraint systems in appendix F, because such
devices did not exist at the time the flammability requirements were
written. The existing requirements are based on material types as well
as use, and have been specified in light of state-of-the-art materials
available to perform a given function. Without a specific reference,
the default requirement would apply to the type of material used in
making the inflatable restraint, which is a fabric in this case.
However, in writing special conditions, the FAA must also consider the
use of the material, and whether the default requirement is
appropriate. In this case, the specialized function of the inflatable
restraint means that highly specialized materials are needed. The
standard normally applied to fabrics is a 12-second vertical ignition
test. However, materials that meet this standard do not perform
adequately as inflatable restraints. Because the safety benefit of the
inflatable restraint is significant, the flammability standard
appropriate for these devices should not screen out suitable materials
and thereby effectively eliminate the use of inflatable restraints. The
FAA must establish a balance between the safety benefit of the
inflatable restraint and its flammability performance. Presently, the
2.5-inch-per-minute horizontal test is considered to provide that
balance. As the state-of-the-art in materials progresses (which is
expected), the FAA may change this standard in subsequent special
conditions to account for improved materials.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Applicability
As discussed above, these special conditions are applicable to
Bombardier Model BD-500-1A10 and BD-500-1A11 airplanes. Should
Bombardier apply at a later date for a change to the type certificate
to include another model incorporating the same novel or unusual design
feature, these special conditions would apply to that model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 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 Bombardier Model BD-500-1A10 and BD-
500-1A11 airplanes.
1. The inflatable lap belt must be shown to deploy and provide
protection under crash conditions where it is necessary to prevent
serious head
[[Page 30528]]
injury. The means of protection must take into consideration a range of
stature from a two-year-old child to a 95th percentile male. The
inflatable lap belt must provide a consistent approach to energy
absorption throughout that range of occupants. In addition, the
following situations must be considered.
The seat occupant is:
Holding an infant
a child in a child-restraint device
a child not using a child-restraint device
a pregnant woman
2. The inflatable lap belt must provide adequate protection for
each occupant regardless of the number of occupants of the seat
assembly, considering that unoccupied seats may have an active airbag
system in the lap belt.
3. The design must prevent the inflatable lap belt from being
either incorrectly buckled or incorrectly installed such that the
inflatable lap belt would not properly deploy. Alternatively, it must
be shown that such deployment is not hazardous to the occupant, and
will provide the required head-injury protection.
4. The inflatable lap-belt system must be shown not to be
susceptible to inadvertent deployment as a result of wear and tear, or
inertial loads resulting from in-flight or ground maneuvers (including
gusts and hard landings), likely to be experienced in service.
5. Deployment of the inflatable lap belt must not introduce injury
mechanisms to the seated occupant, nor result in injuries that could
impede rapid egress. This assessment should include an occupant who is
in the brace position when it deploys, and an occupant whose inflatable
lap belt is loosely fastened.
6. An inadvertent deployment that could cause injury to a standing
or sitting person must be shown to be improbable.
7. It must be shown that inadvertent deployment of the airbag
system in the lap belt, during the most critical part of the flight,
either will not cause a hazard to the airplane or its occupants, or
meets the requirement of Sec. 25.1309(b).
8. The inflatable lap belt must be shown to not impede rapid egress
of occupants 10 seconds after its deployment.
9. The inflatable lap-belt system must be protected from lightning
and HIRF. The threats specified in existing regulations regarding
lightning, Sec. 25.1316, and HIRF, Sec. 25.1317, are incorporated by
reference for the purpose of measuring lightning and HIRF protection.
For the purposes of complying with HIRF requirements, the inflatable
lap-belt system is considered a ``critical system'' if its deployment
could have a hazardous effect on the airplane; otherwise it is
considered an ``essential'' system.
10. The inflatable lap belt must function properly after loss of
normal airplane electrical power, and after a transverse separation of
the fuselage at the most critical location. A separation at the
location of the lap belt does not have to be considered.
11. The inflatable lap belt must be shown to not release hazardous
quantities of gas or particulate matter into the cabin.
12. The inflatable lap-belt installation must be protected from the
effects of fire such that no hazard to occupants will result.
13. A means must be available for a crewmember to verify the
integrity of the inflatable-lap-belt-activation system prior to each
flight, or it must be demonstrated to reliably operate between
inspection intervals.
14. The inflatable material may not have an average burn rate of
greater than 2.5 inches per minute when tested using the horizontal-
flammability test as defined in 14 CFR part 25, appendix F, section
I(b)(5).
15. The airbag system in the lap belt, once deployed, must not
adversely affect the emergency-lighting system (i.e., block floor-
proximity lights to the extent that the lights no longer meet their
intended function).
Issued in Des Moines, Washington, on June 25, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-13999 Filed 6-28-18; 8:45 am]
BILLING CODE 4910-13-P