Special Conditions: The Boeing Company (Boeing), Model 787-8, 787-9, and 787-10 Series Airplanes; Dynamic Test Requirements for Single-Occupant, Oblique (Side-Facing) Seats With or Without Airbag Devices or 3-Point Restraints, 46098-46101 [2018-19753]
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46098
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations
(i) Collect no information of a
personal nature from individuals unless
authorized to collect it to achieve a
function or carry out a responsibility of
the CFPB;
(ii) Collect information, to the extent
practicable, directly from the individual
to whom it relates;
(iii) Inform each individual asked to
supply information, on the form used to
collect the information or on a separate
form that can be retained by the
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solicitation of the information and
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pursuant to 5 U.S.C. 552a(e)(4)(D); and
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any, of not providing all or any part of
the requested information;
(iv) Not collect, maintain, use or
disseminate information concerning an
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(vi) Assure that no records maintained
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disseminated without the permission of
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U.S.C. 552a(b);
(vii) Maintain and process
information concerning individuals
with care in order to ensure that no
inadvertent disclosure of the
information is made either within or
without the CFPB;
(viii) Prior to disseminating any
record about an individual to any
person other than an agency, unless the
dissemination is made pursuant to 5
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efforts to assure that such records are
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for agency purposes; and
(ix) Assure that an accounting is kept
in the prescribed form, of all
dissemination of personal information
outside the CFPB, whether made orally
or in writing, unless disclosed under 5
U.S.C. 552 or subpart B of this part.
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(3) The head of each office of the
CFPB shall, at least annually, review the
record systems subject to their
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the provisions of the Privacy Act of
1974 and the regulations in this subpart.
§ 1070.62
Preservation of records.
The CFPB will preserve all
correspondence pertaining to the
requests that it receives under this part,
as well as copies of all requested
records, until disposition or destruction
is authorized by title 44 of the United
States Code or the National Archives
and Records Administration’s General
Records Schedule 14. Records will not
be disposed of or destroyed while they
are the subject of a pending request,
appeal, proceeding, or lawsuit.
§ 1070.63 Use and collection of Social
Security numbers.
The CFPB will ensure that employees
authorized to collect information are
aware:
(a) That individuals may not be
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a result of refusing to provide their
Social Security numbers, unless the
collection is authorized either by a
statute or by a regulation issued prior to
1975; and
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provide their Social Security numbers
must be informed of:
(1) Whether providing Social Security
numbers is mandatory or voluntary;
(2) Any statutory or regulatory
authority that authorizes the collection
of Social Security numbers; and
(3) The uses that will be made of the
numbers.
Dated: August 30, 2018.
Mick Mulvaney,
Acting Director, Bureau of Consumer
Financial Protection.
[FR Doc. 2018–19384 Filed 9–11–18; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–5909; Special
Conditions No. 25–626A–SC]
Special Conditions: The Boeing
Company (Boeing), Model 787–8,
787–9, and 787–10 Series Airplanes;
Dynamic Test Requirements for SingleOccupant, Oblique (Side-Facing) Seats
With or Without Airbag Devices or
3-Point Restraints
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Fmt 4700
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Amended final special
conditions; request for comments.
ACTION:
These amended special
conditions are issued for the Boeing
Model 787–8, 787–9, and 787–10 series
airplanes. This amendment states that
the Boeing Model 787–8, 787–9, and
787–10 series airplanes oblique (sidefacing) seats may be installed at an angle
of 18 to 45 degrees to the airplane
centerline and may include a 3-point or
airbag restraint system, or both, for
occupant restraint and injury protection.
This airplane will have novel or
unusual design features when compared
to the state of technology envisioned in
the airworthiness standards for
transport category airplanes. These
design features are oblique (side-facing)
single-occupant seats equipped with
airbag devices or 3-point restraints. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for these design
features. These special conditions
contain the additional safety standards
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 Boeing
on September 12, 2018. Send comments
on or before October 29, 2018.
ADDRESSES: Send comments identified
by Docket No. FAA–2016–5909 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
SUMMARY:
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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations
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: John
Shelden, Airframe and Cabin Safety
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–
3214; email John.Shelden@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. The FAA, therefore,
finds it unnecessary to delay the
effective date and finds that good cause
exists for making these special
conditions effective upon publication in
the Federal Register.
daltland on DSKBBV9HB2PROD 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 will consider all
comments we receive by the closing
date for comments. We may change
these special conditions based on the
comments we receive.
Background
On November 22, 2017, Boeing
applied for a change to Type Certificate
No. T00021SE for the installation of
oblique (side-facing) passenger seats
with or without airbag devices or 3point restraints in the Boeing Model
787–8, 787–9, and 787–10 series
airplanes. The Boeing Model 787–8,
787–9, and 787–10 series airplanes are
twin-engine, transport category
airplanes with a maximum certified
passenger capacity of up to 440, and a
maximum takeoff weight of
approximately 476,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model 787–
8, 787–9, and 787–10 series airplanes, as
changed, continue to meet the
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16:01 Sep 11, 2018
Jkt 244001
applicable provisions of the regulations
listed in Type Certificate No. T00021SE
or the applicable regulations in effect on
the date of application for the change,
except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 787–8, 787–9, and
787–10 series airplanes because of novel
or unusual design features, special
conditions are prescribed under the
provisions of § 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 787–8,
787–9, and 787–10 series 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.
Novel or Unusual Design Features
The business-class seating
configuration Boeing proposes is novel
or unusual due to the seat installation
at 30 degrees to the airplane centerline,
the airbag-system installation, and the
seat/occupant interface with the
surrounding furniture that introduces
occupant alignment and loading
concerns. The proposed business-class
seating configuration is also beyond the
limits of current acceptable equivalentlevel-of-safety findings. These oblique
(side-facing) seats may be installed at an
angle of 18 to 45 degrees to the airplane
centerline and may include a 3-point or
airbag restraint system, or both, for
occupant restraint and injury protection.
The existing regulations do not
provide adequate or appropriate safety
standards for occupants of obliqueangled seats with airbag systems. To
provide a level of safety that is
equivalent to that afforded occupants of
forward- and aft-facing seats, additional
airworthiness standards, in the form of
special conditions, are necessary. These
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46099
special conditions supplement part 25
and, more specifically, supplement
§§ 25.562 and 25.785.
The requirements contained in these
special conditions consist of both test
conditions and injury pass/fail criteria.
Discussion
The FAA has been conducting and
sponsoring research on appropriate
injury criteria for oblique (side-facing)
seat installations. However, the FAA
research program is not complete and
we may update these criteria as we
obtain further research results. To
reflect current research findings, the
FAA issued policy statement PS–ANM–
25–03–R1 to update injury criteria for
fully side-facing seats, and policy
statement PS–AIR–25–27, to define
injury criteria for oblique (side-facing)
seats.
The proposed Boeing Model 787–8,
787–9, and 787–10 series airplanes
business-class seat installation is novel
such that the current Boeing Model
787–8, 787–9, and 787–10 series
airplanes certification basis does not
adequately address protection of the
occupant’s neck and spine for seat
configurations that are positioned at an
angle greater than 18 degrees from the
airplane centerline. The FAA issued
special conditions No. 25–580–SC for
Model 787–9 airplanes on April 14,
2015, and special conditions No. 25–
626–SC for certain Model 787–9
airplanes on July 27, 2016. These
special conditions contained injury
criteria for oblique seats based on the
best knowledge the FAA had at the
time. These special conditions for
oblique seat installations do not
adequately address oblique seats,
reflecting the current research results,
with or without 3-point or airbag
restraint systems. Therefore, Boeing’s
proposed configuration will require
amended special conditions.
The installation of passenger seats at
angles of 18 to 45 degrees to the airplane
centerline are unique due to the seat/
occupant interface with the surrounding
furniture that introduces occupant
alignment/loading concerns with or
without the installation of a 3-point or
airbag restraint system, or both. Ongoing research has invalidated
previously released special conditions
for oblique (side-facing) seat
installations. These updated special
conditions further address potential
injuries to the occupant’s neck and
spine. As a result, these special
conditions replace special conditions
25–580–SC and 25–626–SC.
FAA-sponsored research has found
that an un-restrained flailing of the
upper torso, even when the pelvis and
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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations
torso are nearly aligned, can produce
serious spinal and torso injuries. At
lower impact severities, even with
significant misalignment between the
torso and pelvis, these injuries did not
occur. Tests with an FAA H–III
anthropomorphic test device (ATD)
have identified a level of lumbar spinal
tension corresponding to the no-injury
impact severity. This level of tension is
included as a limit in the special
conditions. The spine tension limit
selected is conservative with respect to
other aviation injury criteria since it
corresponds to a no-injury loading
condition.
As noted in the special conditions for
each airbag restraint system, because an
airbag restraint system is essentially a
single use device, there is the potential
that it could deploy under crash
conditions that are not sufficiently
severe as to require head injury
protection from the airbag restraint
system. Since an actual crash is
frequently composed of a series of
impacts before the airplane comes to
rest, this could render the airbag
restraint system 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 protection
according to the severity of the impact.
Therefore, the installation of the airbag
restraint system should be such that the
airbag restraint system will provide
protection when it is required, and will
not expend its protection when it is not
needed.
Because these airbag restraint systems
may or may not activate during various
crash conditions, the injury criteria
listed in these special conditions and in
§ 25.562 must be met in an event that is
slightly below the activation level of the
airbag restraint system. If an airbag
restraint system is included with the
oblique seats, the system must meet the
requirements in one of the airbag
(inflatable restraint) special conditions
applicable to the Boeing Model 787–8,
787–9, and 787–10 series airplanes.
These amended special conditions
will provide head injury criteria, neck
injury criteria, spine injury criteria, and
body-to-wall contact criteria. They
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 the Boeing
Model 787–8, 787–9, and 787–10 series
airplanes. Should Boeing apply at a later
date for a change to the type certificate
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16:01 Sep 11, 2018
Jkt 244001
to include another model incorporating
the same novel or unusual design
feature, these special conditions would
apply to that model as well.
Conclusion
This action affects only certain novel
or unusual design features on one model
airplane. It is not a rule of general
applicability.
The substance of these special
conditions has been subjected to the
notice and comment period in several
prior instances and has been derived
without substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, because a
delay would significantly affect the
certification of the airplane, which is
imminent, the FAA has determined that
prior public notice and comment are
unnecessary and impracticable, and
good cause exists for adopting these
special conditions upon publication in
the Federal Register. The FAA is
requesting comments to allow interested
persons to submit views that may not
have been submitted in response to the
prior opportunities for comment
described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
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 Boeing Boeing
Model 787–8, 787–9, and 787–10 series
airplanes.
Side-Facing Seats Special Conditions
In addition to the requirements of
§ 25.562:
1. Head Injury Criteria
Compliance with § 25.562(c)(5) is
required, except that, if the ATD has no
apparent contact with the seat/structure
but has contact with an airbag, a headinjury criterion (HIC) unlimited score in
excess of 1000 is acceptable, provided
the HIC15 score (calculated in
accordance with 49 CFR 571.208) for
that contact is less than 700.
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Fmt 4700
Sfmt 4700
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of structure
(e.g., an interior wall or furnishing) that
does not provide a homogenous contact
surface for the expected range of
occupants and yaw angles, then
additional analysis and/or test(s) may be
required to demonstrate that the injury
criteria are met for the area that an
occupant could contact. For example, if
different yaw angles could result in
different airbag performance, then
additional analysis or separate test(s)
may be necessary to evaluate
performance.
3. Neck Injury Criteria
The seating system must protect the
occupant from experiencing serious
neck injury. The assessment of neck
injury must be conducted with the
airbag device activated, unless there is
reason to also consider that the neckinjury potential would be higher for
impacts below the airbag-device
deployment threshold.
a. The Nij (calculated in accordance
with 49 CFR 571.208) must be below
1.0, where Nij = Fz/Fzc + My/Myc, and Nij
critical values are:
i. Fzc = 1,530 lb for tension
ii. Fzc = 1,385 lb for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below
937 lb in tension and 899 lb in
compression.
c. Rotation of the head about its
vertical axis, relative to the torso, is
limited to 105 degrees in either
direction from forward-facing.
d. The neck must not impact any
surface that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz)
cannot exceed 1,200 lb.
b. Significant concentrated loading on
the occupant’s spine, in the area
between the pelvis and shoulders
during impact, including rebound, is
not acceptable. During this type of
contact, the interval for any rearward (X
direction) acceleration exceeding 20g
must be less than 3 milliseconds as
measured by the thoracic
instrumentation specified in 49 CFR
part 572, subpart E filtered in
accordance with SAE International
(SAE) recommended practice J211/1,
‘‘Instrumentation for Impact Test—Part
1–Electronic Instrumentation.’’
c. The occupant must not interact
with the armrest or other seat
components in any manner significantly
different than would be expected for a
forward-facing seat installation.
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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations
5. Pelvis Criteria
DEPARTMENT OF TRANSPORTATION
Any part of the load-bearing portion
of the bottom of the ATD pelvis must
not translate beyond the edges of the
seat bottom seat-cushion supporting
structure.
Federal Aviation Administration
6. Femur Criteria
Axial rotation of the upper leg (about
the z-axis of the femur per SAE
Recommended Practice J211/1) must be
limited to 35 degrees from the nominal
seated position. Evaluation during
rebound does not need to be considered.
7. ATD and Test Conditions
Longitudinal tests conducted to
measure the injury criteria above must
be performed with the FAA Hybrid III
ATD, as described in SAE 1999–01–
1609, ‘‘A Lumbar Spine Modification to
the Hybrid III ATD for Aircraft Seat
Tests.’’ The tests must be conducted
with an undeformed floor, at the mostcritical yaw cases for injury, and with
all lateral structural supports (e.g.
armrests or walls) installed.
Note: Boeing must demonstrate that the
installation of seats via plinths or pallets
meets all applicable requirements.
Compliance with the guidance contained in
policy memorandum PS–ANM–100–2000–
00123, ‘‘Guidance for Demonstrating
Compliance with Seat Dynamic Testing for
Plinths and Pallets,’’ dated February 2, 2000,
is acceptable to the FAA.
8. Inflatable Airbag Restraint Systems
Special Conditions
If inflatable airbag restraint systems
are installed, the airbag systems must
meet the requirements in one of the
airbag (inflatable restraint) special
conditions applicable to the Boeing
Model 787–8, 787–9 and 787–10 series
airplanes.
Issued in Des Moines, Washington, on
September 5, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy
and Innovation Division, Aircraft
Certification Service.
[FR Doc. 2018–19753 Filed 9–11–18; 8:45 am]
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BILLING CODE 4910–13–P
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16:01 Sep 11, 2018
Jkt 244001
14 CFR Part 25
[Docket No. FAA–2016–4136; Special
Conditions No. 25–621A–SC]
Special Conditions: The Boeing
Company (Boeing), Model 777 Series
Airplanes; Dynamic Test Requirements
for Single Occupant Oblique Seats,
With or Without Airbag Devices or 3Point Restraints
Federal Aviation
Administration (FAA), DOT.
ACTION: Amended final special
conditions; request for comments.
AGENCY:
These amended special
conditions are issued for the Boeing
Model 777 series airplanes. This
amendment states that the Boeing
Model 777 series airplanes oblique
(side-facing) seats may be installed at an
angle of 18 to 45 degrees to the airplane
centerline and may include a 3-point or
airbag restraint system, or both, for
occupant restraint and injury protection.
This airplane will have novel or
unusual design features when compared
to the state of technology envisioned in
the airworthiness standards for
transport category airplanes. These
design features are oblique (side-facing)
single-occupant passenger seats
equipped with or without airbag devices
or 3-point restraints. 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 The
Boeing Company on September 12,
2018. Send comments on or before
October 29, 2018.
ADDRESSES: Send comments identified
by Docket No. FAA–2016–4136 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
SUMMARY:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
46101
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: John
Shelden, Airframe and Cabin Safety
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–
3214; email John.Shelden@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. The FAA therefore
finds it unnecessary to delay the
effective date and finds that good cause
exists for making these special
conditions effective upon publication in
the Federal Register.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On November 22, 2017, Boeing
applied for an amendment to Type
E:\FR\FM\12SER1.SGM
12SER1
Agencies
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46098-46101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2016-5909; Special Conditions No. 25-626A-SC]
Special Conditions: The Boeing Company (Boeing), Model 787-8,
787-9, and 787-10 Series Airplanes; Dynamic Test Requirements for
Single-Occupant, Oblique (Side-Facing) Seats With or Without Airbag
Devices or 3-Point Restraints
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Amended final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These amended special conditions are issued for the Boeing
Model 787-8, 787-9, and 787-10 series airplanes. This amendment states
that the Boeing Model 787-8, 787-9, and 787-10 series airplanes oblique
(side-facing) seats may be installed at an angle of 18 to 45 degrees to
the airplane centerline and may include a 3-point or airbag restraint
system, or both, for occupant restraint and injury protection. This
airplane will have novel or unusual design features when compared to
the state of technology envisioned in the airworthiness standards for
transport category airplanes. These design features are oblique (side-
facing) single-occupant seats equipped with airbag devices or 3-point
restraints. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for these design features.
These special conditions contain the additional safety standards 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 Boeing on September 12, 2018. Send
comments on or before October 29, 2018.
ADDRESSES: Send comments identified by Docket No. FAA-2016-5909 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
[[Page 46099]]
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: John Shelden, Airframe and Cabin
Safety 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 206-231-3214; email [email protected].
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received. The FAA,
therefore, finds it unnecessary to delay the effective date and finds
that good cause exists for making these special conditions effective
upon publication in the Federal Register.
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We will
consider all comments we receive by the closing date for comments. We
may change these special conditions based on the comments we receive.
Background
On November 22, 2017, Boeing applied for a change to Type
Certificate No. T00021SE for the installation of oblique (side-facing)
passenger seats with or without airbag devices or 3-point restraints in
the Boeing Model 787-8, 787-9, and 787-10 series airplanes. The Boeing
Model 787-8, 787-9, and 787-10 series airplanes are twin-engine,
transport category airplanes with a maximum certified passenger
capacity of up to 440, and a maximum takeoff weight of approximately
476,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the Model 787-8, 787-9, and 787-10
series airplanes, as changed, continue to meet the applicable
provisions of the regulations listed in Type Certificate No. T00021SE
or the applicable regulations in effect on the date of application for
the change, except for earlier amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 787-8, 787-9, and
787-10 series airplanes because of novel or unusual design features,
special conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 787-8, 787-9, and 787-10 series 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 business-class seating configuration Boeing proposes is novel
or unusual due to the seat installation at 30 degrees to the airplane
centerline, the airbag-system installation, and the seat/occupant
interface with the surrounding furniture that introduces occupant
alignment and loading concerns. The proposed business-class seating
configuration is also beyond the limits of current acceptable
equivalent-level-of-safety findings. These oblique (side-facing) seats
may be installed at an angle of 18 to 45 degrees to the airplane
centerline and may include a 3-point or airbag restraint system, or
both, for occupant restraint and injury protection.
The existing regulations do not provide adequate or appropriate
safety standards for occupants of oblique-angled seats with airbag
systems. To provide a level of safety that is equivalent to that
afforded occupants of forward- and aft-facing seats, additional
airworthiness standards, in the form of special conditions, are
necessary. These special conditions supplement part 25 and, more
specifically, supplement Sec. Sec. 25.562 and 25.785.
The requirements contained in these special conditions consist of
both test conditions and injury pass/fail criteria.
Discussion
The FAA has been conducting and sponsoring research on appropriate
injury criteria for oblique (side-facing) seat installations. However,
the FAA research program is not complete and we may update these
criteria as we obtain further research results. To reflect current
research findings, the FAA issued policy statement PS-ANM-25-03-R1 to
update injury criteria for fully side-facing seats, and policy
statement PS-AIR-25-27, to define injury criteria for oblique (side-
facing) seats.
The proposed Boeing Model 787-8, 787-9, and 787-10 series airplanes
business-class seat installation is novel such that the current Boeing
Model 787-8, 787-9, and 787-10 series airplanes certification basis
does not adequately address protection of the occupant's neck and spine
for seat configurations that are positioned at an angle greater than 18
degrees from the airplane centerline. The FAA issued special conditions
No. 25-580-SC for Model 787-9 airplanes on April 14, 2015, and special
conditions No. 25-626-SC for certain Model 787-9 airplanes on July 27,
2016. These special conditions contained injury criteria for oblique
seats based on the best knowledge the FAA had at the time. These
special conditions for oblique seat installations do not adequately
address oblique seats, reflecting the current research results, with or
without 3-point or airbag restraint systems. Therefore, Boeing's
proposed configuration will require amended special conditions.
The installation of passenger seats at angles of 18 to 45 degrees
to the airplane centerline are unique due to the seat/occupant
interface with the surrounding furniture that introduces occupant
alignment/loading concerns with or without the installation of a 3-
point or airbag restraint system, or both. On-going research has
invalidated previously released special conditions for oblique (side-
facing) seat installations. These updated special conditions further
address potential injuries to the occupant's neck and spine. As a
result, these special conditions replace special conditions 25-580-SC
and 25-626-SC.
FAA-sponsored research has found that an un-restrained flailing of
the upper torso, even when the pelvis and
[[Page 46100]]
torso are nearly aligned, can produce serious spinal and torso
injuries. At lower impact severities, even with significant
misalignment between the torso and pelvis, these injuries did not
occur. Tests with an FAA H-III anthropomorphic test device (ATD) have
identified a level of lumbar spinal tension corresponding to the no-
injury impact severity. This level of tension is included as a limit in
the special conditions. The spine tension limit selected is
conservative with respect to other aviation injury criteria since it
corresponds to a no-injury loading condition.
As noted in the special conditions for each airbag restraint
system, because an airbag restraint system is essentially a single use
device, there is the potential that it could deploy under crash
conditions that are not sufficiently severe as to require head injury
protection from the airbag restraint system. Since an actual crash is
frequently composed of a series of impacts before the airplane comes to
rest, this could render the airbag restraint system 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
protection according to the severity of the impact. Therefore, the
installation of the airbag restraint system should be such that the
airbag restraint system will provide protection when it is required,
and will not expend its protection when it is not needed.
Because these airbag restraint systems may or may not activate
during various crash conditions, the injury criteria listed in these
special conditions and in Sec. 25.562 must be met in an event that is
slightly below the activation level of the airbag restraint system. If
an airbag restraint system is included with the oblique seats, the
system must meet the requirements in one of the airbag (inflatable
restraint) special conditions applicable to the Boeing Model 787-8,
787-9, and 787-10 series airplanes.
These amended special conditions will provide head injury criteria,
neck injury criteria, spine injury criteria, and body-to-wall contact
criteria. They 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 the
Boeing Model 787-8, 787-9, and 787-10 series airplanes. Should Boeing
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 certain novel or unusual design features
on one model airplane. It is not a rule of general applicability.
The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
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 Boeing Boeing Model 787-8, 787-9, and
787-10 series airplanes.
Side-Facing Seats Special Conditions
In addition to the requirements of Sec. 25.562:
1. Head Injury Criteria
Compliance with Sec. 25.562(c)(5) is required, except that, if the
ATD has no apparent contact with the seat/structure but has contact
with an airbag, a head-injury criterion (HIC) unlimited score in excess
of 1000 is acceptable, provided the HIC15 score (calculated in
accordance with 49 CFR 571.208) for that contact is less than 700.
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of structure (e.g., an interior wall or
furnishing) that does not provide a homogenous contact surface for the
expected range of occupants and yaw angles, then additional analysis
and/or test(s) may be required to demonstrate that the injury criteria
are met for the area that an occupant could contact. For example, if
different yaw angles could result in different airbag performance, then
additional analysis or separate test(s) may be necessary to evaluate
performance.
3. Neck Injury Criteria
The seating system must protect the occupant from experiencing
serious neck injury. The assessment of neck injury must be conducted
with the airbag device activated, unless there is reason to also
consider that the neck-injury potential would be higher for impacts
below the airbag-device deployment threshold.
a. The Nij (calculated in accordance with 49 CFR
571.208) must be below 1.0, where Nij = Fz/
Fzc + My/Myc, and Nij
critical values are:
i. Fzc = 1,530 lb for tension
ii. Fzc = 1,385 lb for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below 937 lb in tension
and 899 lb in compression.
c. Rotation of the head about its vertical axis, relative to the
torso, is limited to 105 degrees in either direction from forward-
facing.
d. The neck must not impact any surface that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz) cannot exceed 1,200 lb.
b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E filtered in accordance with SAE
International (SAE) recommended practice J211/1, ``Instrumentation for
Impact Test--Part 1-Electronic Instrumentation.''
c. The occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.
[[Page 46101]]
5. Pelvis Criteria
Any part of the load-bearing portion of the bottom of the ATD
pelvis must not translate beyond the edges of the seat bottom seat-
cushion supporting structure.
6. Femur Criteria
Axial rotation of the upper leg (about the z-axis of the femur per
SAE Recommended Practice J211/1) must be limited to 35 degrees from the
nominal seated position. Evaluation during rebound does not need to be
considered.
7. ATD and Test Conditions
Longitudinal tests conducted to measure the injury criteria above
must be performed with the FAA Hybrid III ATD, as described in SAE
1999-01-1609, ``A Lumbar Spine Modification to the Hybrid III ATD for
Aircraft Seat Tests.'' The tests must be conducted with an undeformed
floor, at the most-critical yaw cases for injury, and with all lateral
structural supports (e.g. armrests or walls) installed.
Note: Boeing must demonstrate that the installation of seats
via plinths or pallets meets all applicable requirements. Compliance
with the guidance contained in policy memorandum PS-ANM-100-2000-
00123, ``Guidance for Demonstrating Compliance with Seat Dynamic
Testing for Plinths and Pallets,'' dated February 2, 2000, is
acceptable to the FAA.
8. Inflatable Airbag Restraint Systems Special Conditions
If inflatable airbag restraint systems are installed, the airbag
systems must meet the requirements in one of the airbag (inflatable
restraint) special conditions applicable to the Boeing Model 787-8,
787-9 and 787-10 series airplanes.
Issued in Des Moines, Washington, on September 5, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018-19753 Filed 9-11-18; 8:45 am]
BILLING CODE 4910-13-P