Special Conditions: Airbus Model A380; Stairways Between Decks, 18997-18999 [2019-09016]
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18997
Proposed Rules
Federal Register
Vol. 84, No. 86
Friday, May 3, 2019
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2019–0283; Notice No. 25–
19–04–SC]
Special Conditions: Airbus Model
A380; Stairways Between Decks
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed amended
special conditions.
AGENCY:
This action proposes an
amendment to special conditions for the
Airbus A380 airplane. 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. This design feature
is associated with the complex systems
and the configuration of the airplane,
including its full-length double deck.
For these design features, the applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
regarding stairways between decks.
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.
By issuance of this amendment to the
special condition, the FAA is correcting
an error that appeared in the Federal
Register on August 28, 2006, for Special
Conditions No. 25–326–SC, Docket No.
NM314. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These proposed 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: Send comments on or before
June 17, 2019.
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SUMMARY:
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Send comments identified
by Docket No. FAA–2019–0283 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: Dan
Jacquet, 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–
3208; email Daniel.Jacquet@faa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
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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
Airbus requested an amendment to
Special Condition No. 25–326–SC in
letter (L2578ME1831060) revision 1,
dated November 21, 2018. This letter
states:
The Special Conditions applicable to
the stairways on full-length double-deck
airplane were extensively discussed in
the VLTA conference, dt. October 1998
in Noordwijkerhout, The Netherlands
and in the Cabin Safety Meeting
between FAA, EASA, and Airbus, held
in Hamburg, Feb. 25, 2003. In the latter
meeting, the Special Conditions have
been aligned. Based on that, Airbus has
received CRI–D6 and IP–C1 (linked to
FAA project CP–101) for A380 Type
Certification.
However, Airbus noticed that the
Special Conditions for the availability of
stairs published in the Federal Register
(ref. 25–326–SC from September 11,
2006) require more when com-pared to
Special Conditions of IP–C1 Stage 4
Airbus received June 13, 2003.
The Federal Register, ref. 25–326–SC
reads:
a. At least one stairway between decks
must meet the following requirements:
The stairway accommodates the carriage
of an incapacitated person from one
deck to the other. The crew member
procedures for such carriage must be
established.
b. There must be at least two
stairways between decks that meet the
following requirements:
The stairways must be designed such
that evacuees can achieve an adequate
rate for going down or going up under
probable emergency conditions,
including a condition in which a person
falls or is incapacitated while on a
stairway. One of the stairways must be
the stairway specified in paragraph a.
above.
For whatever reasons, the
consideration of the condition in which
a person falls or is incapacitated while
on the stairs re-appears. Resulting from
the A380 Certification Meeting held in
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules
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Hamburg this was agreed to be not
required by the IP.
It was the FAA position that ‘‘this
type of demonstration is not required for
the main passenger aisle in the airplane
and therefore should not be required for
the stairways’’.
The Stage 4 of the IP–C1 dt. February
25, 2003 received for A380 TC thus
reads.
A. At least two stairways between
decks must meet the following
requirements:
(1) At least one of the stairways must
accommodate the carriage of an
incapacitated person from one deck to
the other. The crew member procedures
for such a carriage must be established.
(2) The stairways must be designed
such that evacuees can be shown to
achieve an adequate rate, for going
down or going up, under probable
emergency conditions.
All further Special Conditions
published in the Federal Register (§§ c
though e) are identical to the Special
Conditions of the IP (§§ B though D),
however using a different wording.
Since the IP–C1, Stage 4 is the
bilateral agreement between FAA and
Airbus, and the Federal Register is
available to the public, Airbus would
appreciate the correction of the SC
published in the Federal Register under
25–326–SC. This would avoid any
misunderstanding in the A380 future.
During initial discussions with Airbus
regarding the proposed special
conditions, the FAA had included a
requirement that the stairways be
designed such that evacuees can achieve
an adequate rate going down or up
under probable emergency conditions,
including a condition in which a person
falls or is incapacitated while on the
stairway. Airbus agreed with the
requirement except for the portion
pertaining to a person falling or being
incapacitated. The FAA documented
agreement with Airbus’s position.
Unfortunately the special condition was
issued with the FAA’s initial proposal
rather than the final agreement, and
stated that the stairs be designed such
that evacuees can achieve an adequate
rate going up or down the stairs under
probable emergency conditions
including a condition in which a person
falls or is incapacitated while on the
stairway.
Type Certification Basis
Under the provisions of 14 CFR 21.17,
Airbus must show that the Model A380
airplane meets the applicable provisions
of 14 CFR part 25, as amended by
Amendments 25–1 through 25–98. If the
Administrator finds that the applicable
airworthiness regulations do not contain
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adequate or appropriate safety standards
for the Airbus Model A380 airplane
because of novel or unusual design
features, special conditions are
prescribed under the provisions of 14
CFR 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Airbus Model A380
airplane must comply with the fuel vent
and exhaust emission requirements of
14 CFR part 34 and the noise
certification requirements of 14 CFR
part 36. In addition, the FAA must issue
a finding of regulatory adequacy
pursuant to section 611 of Public Law
93–574, the ‘‘Noise Control Act of
1972.’’
Special conditions, as defined in 14
CFR 11.19, are issued in accordance
with 14 CFR 11.38 and become part of
the type certification basis in
accordance with 14 CFR 21.17(a)(2).
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, the special conditions
would also apply to the other model
under the provisions of 14 CFR 21.101.
Novel or Unusual Design Features
The Airbus Model A380 airplane will
incorporate the following novel or
unusual design features: This airplane
has a full-length double deck. For these
design features, the applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
regarding stairways between decks.
Discussion
The Model A380 airplane
incorporates seating on two full-length
passenger decks, each of which has the
capacity of a typical wide body airplane.
Two staircases—one located in the front
of the cabin and one located in the
rear—allow for the movement of
persons between decks. With large
seating capacities on the main deck and
the upper deck of the Model A380
airplane, the staircases need to be able
to support movement between decks in
an inflight emergency. In addition,
although compliance with the
evacuation demonstration requirements
of § 25.803 does not depend on the use
of stairs, there must be a way for
passengers on one deck to move to the
other deck during an emergency
evacuation. This need must be
addressed in the certification of the
airplane.
The regulations governing the
certification of the Model A380 airplane
do not adequately address a passenger
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airplane with two separate full-length
decks for passengers. The Boeing Model
747 and the Lockheed Model L–1011
airplanes were certificated with limited
seating capacity on two separate decks,
and special conditions were issued to
certificate those arrangements. When
the seating capacity of the upper deck
of the Boeing Model 747 airplane
exceeded 24 passengers, the FAA issued
Special Conditions 25–61–NW–1 for a
maximum seating capacity of 32
passengers on the upper deck for takeoff and landing. A second set of Special
Conditions, 25–71–NW–3, was issued to
cover airplanes with a maximum seating
capacity of 45 passengers on the upper
deck for take-off and landing. That
second set of Special Conditions was
later modified to address airplanes with
a maximum seating capacity of 110
passengers on the upper deck. These
previously issued special conditions
provided a starting point for the
development of special conditions for
the Model A380 airplane.
In the case of both the Model L–1011
and the Model 747 airplanes, the special
conditions were based on the
requirements and associated level of
safety in place at the time of application
for type certificate. The requirements
and the level of safety have improved
significantly since that time, and these
special conditions reflect those
improvements.
In addition to the requirements of
§§ 25.803 and 25.811 through 25.813,
special conditions are needed to address
the movement of passengers between
the two full-length decks on the Model
A380 airplane. These special conditions
provide additional requirements for the
stairways to ensure the safe passage of
occupants between decks during
moderate turbulence, an inflight
emergency, or an emergency evacuation.
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 the Airbus
Model A380 airplane. Should Airbus
apply at a later date for a change to the
type certificate to include another
model incorporating the same novel or
unusual design features, these special
conditions would apply to that model as
well under the provisions of § 21.101.
Conclusion
This action affects only certain novel
or unusual design features of the Airbus
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Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed Rules
Model A380 airplane. 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.
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The Proposed 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 the Airbus Model
A380 airplane.
Airbus Model A380, Stairways Between
Decks
1. At least one stairway between
decks must meet the following
requirements: The stairway
accommodates the carriage of an
incapacitated person from one deck to
the other. The crew member procedures
for such carriage must be established.
2. There must be at least two
stairways between decks that meet the
following requirements: The stairways
must be designed such that evacuees
can achieve an adequate rate for going
down or going up under probable
emergency conditions. One of the
stairways must be the stairway specified
in paragraph I. above.
3. Each stairway between decks must
meet the following requirements:
a. It must have an entrance, exit, and
gradient characteristics that—with the
assistance of a crew member—would
allow the passengers of one deck to
merge with passengers of the other deck
during an evacuation and exit the
airplane. These entrance, exit, and
gradient characteristics must occur with
the airplane in level attitude and in each
attitude resulting from the collapse of
any one or more legs of the landing gear.
These requirements must be
demonstrated by tests or analysis.
b. The stairway must have a handrail
on at least one side in order to allow
people to steady themselves during
foreseeable conditions, including but
not limited to the condition of gear
collapse on the ground and moderate
turbulence in flight. The handrails must
be constructed, so that there will be no
obstruction on them which will cause
the user to release his/her grip on the
handrail or will hinder the continuous
movement of the hands along the
handrail. Handrails must be terminated
in a manner which will not obstruct
pedestrian travel or create a hazard.
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Adequacy of the design must be
demonstrated by using persons
representative of the 5% female and the
95% male.
c. The stairway must be designed and
located to minimize damage to it during
an emergency landing or ditching.
d. The stairway must have a wall or
the equivalent on each side to minimize
the risk of falling and to facilitate use of
the stairway under conditions of
abnormal airplane attitude.
e. Treads and landings must be
designed and demonstrated to be free of
hazard. The landing area at each deck
level must be demonstrated to be
adequate in terms of flow rate for the
maximum number of people that will be
using the stair in an emergency. Treads
and risers must be designed to ensure an
easy and safe use of the stairway.
f. General emergency illumination
must be provided so that—when
measured along the centerlines of each
tread and landing—the illumination is
not less than 0.05 foot-candle.
g. In normal operation, the general
illumination level must not be less than
0.05 foot-candles. The assessment must
be done under day light and dark of
night conditions.
h. Both stairway ends must be
indicated by an exit sign visible to
passengers when in the stairway. This
exit sign must meet the requirements of
§ 25.812(b)(1)(ii).
i. A floor proximity path marking
system which meets the requirements of
§ 25.812(e) must be available to guide
passengers in the stairway to the
stairway ends. It must not direct the
occupants of the cabin to the stair
entrance.
j. The public address system must be
audible in the stairway during all flight
phases.
k. ‘‘No smoking’’ and ‘‘return to seat’’
signs must be installed and must be
visible in the stairway both going up
and down and at the stairway entrances.
4. Cabin crew procedures and
positions must be established to manage
the use of the stairs on the ground and
in flight under both normal and
emergency situations. This may require
that cabin crew members have specific
dedicated duties for the management of
the stairs during emergency and
precautionary evacuations.
5. It should not be hazardous for crew
members or passengers who are
returning to their seats to use the
stairways during moderate turbulence.
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18999
Issued in Des Moines, Washington, on
April 11, 2019.
Paul Siegmund,
Acting Manager, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2019–09016 Filed 5–2–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–113943–17]
RIN 1545–BO01
Certain Transfers of Property to Real
Estate Investment Trusts [REITs];
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a partial
withdrawal of notice of proposed
rulemaking and notice of proposed
rulemaking.
AGENCY:
This document contains a
correction to a partial withdrawal of
notice proposed rulemaking and notice
of proposed rulemaking (REG–113943–
17) that was published in the Federal
Register on March 26, 2019. If adopted,
the withdrawn portion of the notice
proposed rulemaking would have
provided guidance for transactions in
which property of a C corporation
becomes the property of a REIT
following certain corporate distributions
of controlled corporation stock. The
notice of proposed rulemaking provided
revised guidance on the same subject.
DATES: Written or electronic comments
and requests for a public hearing are
still being accepted and must be
received by May 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Austin Diamond-Jones, (202) 317–5363;
concerning submission of comments or
to request a public hearing, Regina
Johnson, (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The proposed regulations that are the
subject of this correction are under
section 337(d) of the Internal Revenue
Code.
Need for Correction
As published, the partial withdrawal
of notice of proposed rulemaking and
notice of proposed rulemaking (REG–
113943–17) contains errors which may
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Agencies
[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 18997-18999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09016]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Proposed
Rules
[[Page 18997]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2019-0283; Notice No. 25-19-04-SC]
Special Conditions: Airbus Model A380; Stairways Between Decks
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed amended special conditions.
-----------------------------------------------------------------------
SUMMARY: This action proposes an amendment to special conditions for
the Airbus A380 airplane. 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. This
design feature is associated with the complex systems and the
configuration of the airplane, including its full-length double deck.
For these design features, the applicable airworthiness regulations do
not contain adequate or appropriate safety standards regarding
stairways between decks. 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.
By issuance of this amendment to the special condition, the FAA is
correcting an error that appeared in the Federal Register on August 28,
2006, for Special Conditions No. 25-326-SC, Docket No. NM314. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
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: Send comments on or before June 17, 2019.
ADDRESSES: Send comments identified by Docket No. FAA-2019-0283 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: Dan Jacquet, 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 206-231-3208; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.
Background
Airbus requested an amendment to Special Condition No. 25-326-SC in
letter (L2578ME1831060) revision 1, dated November 21, 2018. This
letter states:
The Special Conditions applicable to the stairways on full-length
double-deck airplane were extensively discussed in the VLTA conference,
dt. October 1998 in Noordwijkerhout, The Netherlands and in the Cabin
Safety Meeting between FAA, EASA, and Airbus, held in Hamburg, Feb. 25,
2003. In the latter meeting, the Special Conditions have been aligned.
Based on that, Airbus has received CRI-D6 and IP-C1 (linked to FAA
project CP-101) for A380 Type Certification.
However, Airbus noticed that the Special Conditions for the
availability of stairs published in the Federal Register (ref. 25-326-
SC from September 11, 2006) require more when com-pared to Special
Conditions of IP-C1 Stage 4 Airbus received June 13, 2003.
The Federal Register, ref. 25-326-SC reads:
a. At least one stairway between decks must meet the following
requirements: The stairway accommodates the carriage of an
incapacitated person from one deck to the other. The crew member
procedures for such carriage must be established.
b. There must be at least two stairways between decks that meet the
following requirements:
The stairways must be designed such that evacuees can achieve an
adequate rate for going down or going up under probable emergency
conditions, including a condition in which a person falls or is
incapacitated while on a stairway. One of the stairways must be the
stairway specified in paragraph a. above.
For whatever reasons, the consideration of the condition in which a
person falls or is incapacitated while on the stairs re-appears.
Resulting from the A380 Certification Meeting held in
[[Page 18998]]
Hamburg this was agreed to be not required by the IP.
It was the FAA position that ``this type of demonstration is not
required for the main passenger aisle in the airplane and therefore
should not be required for the stairways''.
The Stage 4 of the IP-C1 dt. February 25, 2003 received for A380 TC
thus reads.
A. At least two stairways between decks must meet the following
requirements:
(1) At least one of the stairways must accommodate the carriage of
an incapacitated person from one deck to the other. The crew member
procedures for such a carriage must be established.
(2) The stairways must be designed such that evacuees can be shown
to achieve an adequate rate, for going down or going up, under probable
emergency conditions.
All further Special Conditions published in the Federal Register
(Sec. Sec. c though e) are identical to the Special Conditions of the
IP (Sec. Sec. B though D), however using a different wording.
Since the IP-C1, Stage 4 is the bilateral agreement between FAA and
Airbus, and the Federal Register is available to the public, Airbus
would appreciate the correction of the SC published in the Federal
Register under 25-326-SC. This would avoid any misunderstanding in the
A380 future.
During initial discussions with Airbus regarding the proposed
special conditions, the FAA had included a requirement that the
stairways be designed such that evacuees can achieve an adequate rate
going down or up under probable emergency conditions, including a
condition in which a person falls or is incapacitated while on the
stairway. Airbus agreed with the requirement except for the portion
pertaining to a person falling or being incapacitated. The FAA
documented agreement with Airbus's position. Unfortunately the special
condition was issued with the FAA's initial proposal rather than the
final agreement, and stated that the stairs be designed such that
evacuees can achieve an adequate rate going up or down the stairs under
probable emergency conditions including a condition in which a person
falls or is incapacitated while on the stairway.
Type Certification Basis
Under the provisions of 14 CFR 21.17, Airbus must show that the
Model A380 airplane meets the applicable provisions of 14 CFR part 25,
as amended by Amendments 25-1 through 25-98. If the Administrator finds
that the applicable airworthiness regulations do not contain adequate
or appropriate safety standards for the Airbus Model A380 airplane
because of novel or unusual design features, special conditions are
prescribed under the provisions of 14 CFR 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A380 airplane must comply with the fuel
vent and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36. In addition, the FAA must
issue a finding of regulatory adequacy pursuant to section 611 of
Public Law 93-574, the ``Noise Control Act of 1972.''
Special conditions, as defined in 14 CFR 11.19, are issued in
accordance with 14 CFR 11.38 and become part of the type certification
basis in accordance with 14 CFR 21.17(a)(2).
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, the special conditions would also apply to the
other model under the provisions of 14 CFR 21.101.
Novel or Unusual Design Features
The Airbus Model A380 airplane will incorporate the following novel
or unusual design features: This airplane has a full-length double
deck. For these design features, the applicable airworthiness
regulations do not contain adequate or appropriate safety standards
regarding stairways between decks.
Discussion
The Model A380 airplane incorporates seating on two full-length
passenger decks, each of which has the capacity of a typical wide body
airplane. Two staircases--one located in the front of the cabin and one
located in the rear--allow for the movement of persons between decks.
With large seating capacities on the main deck and the upper deck of
the Model A380 airplane, the staircases need to be able to support
movement between decks in an inflight emergency. In addition, although
compliance with the evacuation demonstration requirements of Sec.
25.803 does not depend on the use of stairs, there must be a way for
passengers on one deck to move to the other deck during an emergency
evacuation. This need must be addressed in the certification of the
airplane.
The regulations governing the certification of the Model A380
airplane do not adequately address a passenger airplane with two
separate full-length decks for passengers. The Boeing Model 747 and the
Lockheed Model L-1011 airplanes were certificated with limited seating
capacity on two separate decks, and special conditions were issued to
certificate those arrangements. When the seating capacity of the upper
deck of the Boeing Model 747 airplane exceeded 24 passengers, the FAA
issued Special Conditions 25-61-NW-1 for a maximum seating capacity of
32 passengers on the upper deck for take-off and landing. A second set
of Special Conditions, 25-71-NW-3, was issued to cover airplanes with a
maximum seating capacity of 45 passengers on the upper deck for take-
off and landing. That second set of Special Conditions was later
modified to address airplanes with a maximum seating capacity of 110
passengers on the upper deck. These previously issued special
conditions provided a starting point for the development of special
conditions for the Model A380 airplane.
In the case of both the Model L-1011 and the Model 747 airplanes,
the special conditions were based on the requirements and associated
level of safety in place at the time of application for type
certificate. The requirements and the level of safety have improved
significantly since that time, and these special conditions reflect
those improvements.
In addition to the requirements of Sec. Sec. 25.803 and 25.811
through 25.813, special conditions are needed to address the movement
of passengers between the two full-length decks on the Model A380
airplane. These special conditions provide additional requirements for
the stairways to ensure the safe passage of occupants between decks
during moderate turbulence, an inflight emergency, or an emergency
evacuation.
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 the
Airbus Model A380 airplane. Should Airbus apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design features, these special conditions
would apply to that model as well under the provisions of Sec. 21.101.
Conclusion
This action affects only certain novel or unusual design features
of the Airbus
[[Page 18999]]
Model A380 airplane. 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 Proposed 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 the Airbus Model A380 airplane.
Airbus Model A380, Stairways Between Decks
1. At least one stairway between decks must meet the following
requirements: The stairway accommodates the carriage of an
incapacitated person from one deck to the other. The crew member
procedures for such carriage must be established.
2. There must be at least two stairways between decks that meet the
following requirements: The stairways must be designed such that
evacuees can achieve an adequate rate for going down or going up under
probable emergency conditions. One of the stairways must be the
stairway specified in paragraph I. above.
3. Each stairway between decks must meet the following
requirements:
a. It must have an entrance, exit, and gradient characteristics
that--with the assistance of a crew member--would allow the passengers
of one deck to merge with passengers of the other deck during an
evacuation and exit the airplane. These entrance, exit, and gradient
characteristics must occur with the airplane in level attitude and in
each attitude resulting from the collapse of any one or more legs of
the landing gear. These requirements must be demonstrated by tests or
analysis.
b. The stairway must have a handrail on at least one side in order
to allow people to steady themselves during foreseeable conditions,
including but not limited to the condition of gear collapse on the
ground and moderate turbulence in flight. The handrails must be
constructed, so that there will be no obstruction on them which will
cause the user to release his/her grip on the handrail or will hinder
the continuous movement of the hands along the handrail. Handrails must
be terminated in a manner which will not obstruct pedestrian travel or
create a hazard. Adequacy of the design must be demonstrated by using
persons representative of the 5% female and the 95% male.
c. The stairway must be designed and located to minimize damage to
it during an emergency landing or ditching.
d. The stairway must have a wall or the equivalent on each side to
minimize the risk of falling and to facilitate use of the stairway
under conditions of abnormal airplane attitude.
e. Treads and landings must be designed and demonstrated to be free
of hazard. The landing area at each deck level must be demonstrated to
be adequate in terms of flow rate for the maximum number of people that
will be using the stair in an emergency. Treads and risers must be
designed to ensure an easy and safe use of the stairway.
f. General emergency illumination must be provided so that--when
measured along the centerlines of each tread and landing--the
illumination is not less than 0.05 foot-candle.
g. In normal operation, the general illumination level must not be
less than 0.05 foot-candles. The assessment must be done under day
light and dark of night conditions.
h. Both stairway ends must be indicated by an exit sign visible to
passengers when in the stairway. This exit sign must meet the
requirements of Sec. 25.812(b)(1)(ii).
i. A floor proximity path marking system which meets the
requirements of Sec. 25.812(e) must be available to guide passengers
in the stairway to the stairway ends. It must not direct the occupants
of the cabin to the stair entrance.
j. The public address system must be audible in the stairway during
all flight phases.
k. ``No smoking'' and ``return to seat'' signs must be installed
and must be visible in the stairway both going up and down and at the
stairway entrances.
4. Cabin crew procedures and positions must be established to
manage the use of the stairs on the ground and in flight under both
normal and emergency situations. This may require that cabin crew
members have specific dedicated duties for the management of the stairs
during emergency and precautionary evacuations.
5. It should not be hazardous for crew members or passengers who
are returning to their seats to use the stairways during moderate
turbulence.
Issued in Des Moines, Washington, on April 11, 2019.
Paul Siegmund,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2019-09016 Filed 5-2-19; 8:45 am]
BILLING CODE 4910-13-P