Special Conditions: Boeing Commercial Airplanes Model 777-9 Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi, Takeoff, and Landing, 81782-81790 [2020-27107]
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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations
Dated: November 24, 2020.
Wilma M. Robinson,
Deputy Executive Secretary, Department of
Health and Human Services.
Boeing Model 777 airplane currently
approved under Type Certificate No.
T00001SE, is a twin-engine, transportcategory airplane with seating for 495
passengers, and a maximum takeoff
weight of 775,000 lbs.
[FR Doc. 2020–26389 Filed 12–16–20; 8:45 am]
BILLING CODE 4151–17–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2019–1054; Special
Conditions No. 25–777–SC]
Special Conditions: Boeing
Commercial Airplanes Model 777–9
Airplane; Overhead Flightcrew Rest
Compartment Occupiable During Taxi,
Takeoff, and Landing
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Boeing Commercial
Airplanes (Boeing) Model 777–9
airplane. This airplane will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is an
overhead flightcrew rest (OFCR)
compartment occupiable during taxi,
takeoff, and landing (TT&L). The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Effective January 19, 2021.
FOR FURTHER INFORMATION CONTACT:
Shannon Lennon, 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 206–231–3209; email
shannon.lennon@faa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 6, 2013, Boeing applied
for an amendment to Type Certificate
No. T00001SE to include the new 777–
9 airplane. The application date was
extended to March 30, 2016, at Boeing’s
request. The Boeing Model 777–9
airplane, which is a derivative of the
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Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the 777–9
airplane, as changed, continues to meet
the applicable provisions of the
regulations listed in Type Certificate No.
T00001SE, or the applicable regulations
in effect on the date of application for
the change, except for earlier
amendments as agreed upon by the
FAA.
If the Administrator finds that the
applicable airworthiness regulations
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 777–9 airplane
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, 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 777–9
airplane must comply with the fuel-vent
and exhaust-emission requirements of
14 CFR part 34, and the noisecertification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–9 airplane will
incorporate the following novel or
unusual design features:
An overhead flightcrew rest (OFCR)
compartment occupiable during taxi,
takeoff, and landing.
Discussion
Crew rest compartments have been
previously installed and certificated on
several Boeing airplane models in
locations such as in the main passenger
seating area, the overhead space above
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the main passenger-cabin seating area,
and below the passenger-cabin seating
area within the cargo compartment. In
each case, the Administrator determined
that the applicable regulations (i.e., 14
CFR part 25) did not provide all of the
necessary requirements, because each
installation had unique features by
virtue of its design, location, and use on
the airplane.
For Boeing Model 777 airplanes, the
FAA issued Special Conditions No. 25–
260–SC, dated April 14, 2004, for OFCR
compartments allowed to be occupied
during TT&L, as well as during flight.
However, after issuance of Special
Conditions No. 25–260–SC, the FAA
issued Special Conditions No. 25–418–
SC for the Boeing Model 787–8 airplane,
for the same novel design feature, with
changes to better address oxygen
systems and fire suppressors. Those
special conditions reflected the
methodology necessary to provide an
equivalent level of safety for remote
OFCR compartments. Therefore, new
special conditions are issued for this
design feature on Boeing Model 777–9
airplanes, in lieu of Special Conditions
No. 25–260–SC.
For the Boeing Model 777–9 airplane,
the OFCR compartment is located in the
overhead space above the main
passenger-cabin seating area
immediately aft of the first pair of maindeck emergency exits (Door 1). The
compartment includes two private
berths and up to two seats. Occupancy
of the compartment will be limited to a
maximum of four trained crewmembers
during flight, and two trained flightcrew
members, one in each seat, during
TT&L. The compartment will be
accessed from the main deck by stairs
through a vestibule. In addition, a
secondary evacuation route, which
opens directly into the main passenger
seating area, will be available as an
alternate route for evacuating occupants
of the compartment. A smoke-detection
system and an oxygen system will be
provided in the compartment. Other
optional features, such as a sink with
cold-drink stowage or a lavatory, may be
provided as well.
This Boeing Model 777–9 airplane
OFCR compartment is novel or unusual
to part 25 due to its design, location,
and use on the airplane. This
compartment is particularly novel or
unusual in that it is located in the
overhead area of the passenger
compartment, and will be occupied by
trained flightcrew during TT&L. Due to
the novel or unusual features associated
with the installation of this
compartment, special conditions are
considered necessary to provide a level
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of safety equal to that established by the
airworthiness regulations.
The 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.
Operational Evaluations and Approval
These special conditions establish
requirements for OFCR-compartment
design approvals administered by the
FAA’s Aircraft Certification Service.
Before operational use of an OFCR
compartment, the FAA’s Flight
Standards Service must evaluate and
approve the ‘‘basic suitability’’ of the
compartment for crew occupation.
Additionally, if an operator wishes to
use an OFCR compartment as ‘‘sleeping
quarters,’’ the compartment must
undergo an additional evaluation and
approval (reference 14 CFR 121.485(a),
121.523(b), and 135.269(b)(5)).
Compliance with these special
conditions does not ensure that the
applicant has demonstrated compliance
with the requirements of parts 121 or
135.
To obtain an operational evaluation,
the type certificate holder must contact
the appropriate aircraft evaluation group
(AEG) in the Flight Standards Service
and request a ‘‘basic suitability’’
evaluation or a ‘‘sleeping quarters’’
evaluation of its OFCR compartment.
The results of these evaluations should
be documented in a Boeing Model 777–
9 airplane flight standardization board
(FSB) report appendix. Individual
operators may reference these
standardized evaluations in discussions
with their FAA principal operating
inspector as the basis for an operational
approval, in lieu of an on-site
operational evaluation.
Any changes to the approved OFCR
compartment configuration that affect
crewmember emergency egress, or any
other procedures affecting safety of the
occupying crewmembers or related
emergency training, will require reevaluation and approval. The applicant
for an OFCR compartment design
change that affects egress, safety
procedures, or training is responsible for
notifying the FAA’s AEG that a new
compartment evaluation is required.
The results of a reevaluation should also
be documented in a Boeing Model 777–
9 airplane FSB report appendix.
Procedures must be developed to
ensure that a crewmember, acting as
firefighter, when entering the OFCR
compartment through the stairway or
vestibule to fight a fire, will examine the
stairway or vestibule, and the adjacent
galley or lavatory areas (if installed), for
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the source of the fire before entering the
remaining areas of the compartment.
This is intended to ensure that the
source of the fire is not between the
crewmember and the entrance to the
OFCR compartment. If a fire source is
not immediately evident to the
firefighter, the firefighter should check
for potential fire sources at areas closest
to the OFCR compartment entrance first,
then proceed to check areas in such a
manner that the fire source, when
found, will not be between the
firefighter and their means of escape
from the compartment. Procedures
describing methods for searching the
OFCR compartment for fire source(s)
must be transmitted to operators for
incorporation into their training
programs and appropriate operational
manuals.
Rescue-Crew Training Materials
Installation of an OFCR compartment
that can be occupied during TT&L by
flightcrew is unusual. Appropriate
information must be provided to airport
fire-rescue personnel so that they
understand that this remote
compartment may be occupied during
an emergency landing. The applicant
must provide rescue-crew training
materials to the local FAA Airports
Division, Safety and Standards Branch,
to address this issue. The FAA Airports
Division, Safety and Standards Branch,
will ensure that these materials are
distributed to appropriate airports,
domestic and foreign. Special
conditions are not considered
appropriate to address this issue.
Discussion of the Special Conditions
These special conditions apply to
OFCR compartments that are occupiable
during TT&L and are installed
immediately aft of the Door 1 exits on
Boeing Model 777–9 airplanes. These
special conditions for Boeing Model
777–9 airplanes supplement 14 CFR
part 25. Except as noted below, these
special conditions for Boeing Model
777–9 airplanes are identical to Boeing
Model 777 airplane Special Conditions
No. 25–260–SC.
Conditions 6 and 16 contain
requirements for the exit signs that must
be provided in the OFCR compartment.
Symbols that satisfy the equivalentlevel-of-safety finding established for
Boeing Model 777–9 airplanes may be
used in lieu of the text required by
§ 25.812(b)(1)(i). The FAA expects that
the meaning of any symbolic exit sign
will be reinforced as a part of
crewmember training in evacuation
procedures.
Condition 15 contains requirements
for supplemental oxygen systems.
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Earlier Special Conditions No. 25–260–
SC for Boeing Model 777–9 airplanes
required that each berth be equipped
with two oxygen masks. This was
intended to address the case where a
person not in a berth was moving
around within the flightcrew rest
compartment and needed quick access
to an oxygen mask. For Boeing Model
777–9 airplanes, the requirement to
have two masks per berth may not
always meet the objective of having
masks available to persons who are in
transition within the compartment.
Therefore, the wording of this condition
has been modified to better state the
objective, rather than specifying a twomasks-per-berth requirement. In
addition, the requirement to have
adequate illumination to retrieve an
oxygen mask, while implied previously,
is made explicit in these special
conditions.
Condition 18 contains the
requirements for materials used in the
construction of the OFCR compartment.
Special Conditions No. 25–260–SC
stated that § 25.853, as amended by
Amendment 25–83, is the appropriate
regulation. Section 25.853 has since
been further amended, and these special
conditions reference the latest
amendment level for § 25.853,
Amendment 25–116.
Compliance with these special
conditions does not relieve the
applicant from the existing airplane
certification-basis requirements. One
particular area of concern is that
installation of OFCR compartments
changes the compartment volume in the
overhead area of the airplane. The
applicant must comply with the
pressurized compartment loads
requirements of § 25.365(e), (f), and (g)
for the OFCR compartment, as well as
for any other airplane compartments the
decompression characteristics of which
are affected by the installation of an
OFCR compartment.
Compliance with § 25.813,
emergency-exit access requirements,
must be demonstrated for all phases of
flight during which occupants will be
present.
The configuration includes a seat
installed adjacent to the OFCR
compartment exit, with the
compartment occupiable during TT&L.
Note that the emergency-landing
conditions requirements of §§ 25.561(d)
and 25.562(c)(8) apply to this
configuration. Deformations resulting
from required static and dynamic
structural tests must not impede rapid
evacuation of the OFCR compartment
occupants. Seat deformations must not
prevent opening of the secondary escape
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hatch or rapid evacuation through the
secondary escape route.
Section 25.785(h)(2) mandates that
the flight attendant seats required by the
operating rules be located in a position
that provides a direct view of the cabin
area for which the flight attendant is
responsible. Because the OFCR
compartment will be occupied only by
trained crewmembers, the FAA does not
consider this requirement applicable to
the seating area in the OFCR
compartment.
Section 25.787(a) requires each
stowage compartment in the passenger
cabin, except for underseat and
overhead stowage compartments for
passenger convenience, to be
completely enclosed. This requirement
does not apply to the flight deck,
because flightcrew members must be
able to quickly access items to better
perform their duties. Flightcrew
members occupying the OFCR
compartment will not be performing
flight-deck duties however. Therefore,
stowage compartments in the OFCR
compartment, except for underseat
compartments for occupant
convenience, should be completely
enclosed. This will provide occupants
of the OFCR compartment a similar
level of safety to that provided to
passengers on the main deck. Condition
20 contains this requirement.
Section 25.811(c) requires that means
be provided to assist occupants in
locating the exits in conditions of dense
smoke. Section 25.812(e) requires floorproximity emergency-escape path
marking to provide guidance for
passengers when all sources of
illumination above 4 feet from the cabin
aisle floor are totally obscured. The FAA
considers that the current OFCR
compartment design is sufficient in
regard to these regulations. The two
OFCR compartment seats are only a
couple of steps away from the stairway,
and when a trained flightcrew member
is at the top of the stairway, the stairway
itself will guide them to the main deck.
When the crewmember is on the main
deck, floor proximity lighting and exitmarker signs, which are less than 4 feet
above the floor, are provided.
Section 25.813(e) prohibits
installation of interior doors between
passenger compartments, but the FAA
has historically found flightcrew restcompartment doors to be acceptable,
because flightcrew rest compartments
are not passenger compartments.
Conditions 2 and 16 provide
requirements for flightcrew restcompartment doors, conditions that are
considered to provide an appropriate
level of safety to OFCR compartment
occupants.
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Sections 25.1443, 25.1445, and
25.1447 describe oxygen requirements
for flightcrew, passengers, and cabin
attendants. Flightcrew members
occupying the OFCR compartment are
not on duty, and therefore are
considered passengers in determining
compliance with these oxygen
regulations.
Discussion of Comments
The FAA issued Notice of Proposed
Special Conditions No. 25–20–07–SC
for the Boeing Model 777–9 airplane,
which was published in the Federal
Register on June 30, 2020 (85 FR 39100).
The FAA received responses from three
commenters.
The Air Line Pilots Association
(ALPA) believes the special conditions
contradict exemptions for mini-suites
that prohibit the occupation of the
OFCR during TT&L, and suggests that
the special conditions be modified to
provide consideration for Exemption
No. 17634A, including a prohibition of
occupancy of the OFCR during TT&L for
airplanes fitted with high-walled minisuites, as well as a requirement of
applicable placarding to be visibly
installed in the OFCR, and related
limitations be published within the
AFM.
The FAA partially agrees with this
comment. The FAA’s intends to prohibit
occupancy of an OFCR during TT&L
should any egress path from the crew
rest fall into a mini-suite on the main
deck as stated in FAA Exemption No.
17634A. However, such a limitation is
not established solely by the installation
of an OCFR. The necessity of such a
limitation would be established by the
installation of a mini-suite and the
subsequent assessment of the egress
paths from the OFCR relative to the
mini-suite location. For this reason, and
the because the subject of these special
conditions is the OFCR and not minisuite installations, the prohibition of
occupancy of the OFCR during TT&L
when mini-suites are installed will not
be restated in these special conditions.
The FAA does agree, however, that the
special conditions should acknowledge
that occupancy during TT&L may be
further restricted for purposes of
maintaining consistency with related
exemptions. As such, these special
conditions have been revised to include
Condition 1.d.
Boeing recommends revising the title
of the special conditions as follows:
Special Conditions: Boeing
Commercial Airplanes Model 777–9
Airplane; Overhead Flightcrew Rest
Compartment.
The FAA does not agree with the
proposed change because the title, as
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written, differentiates the scope of these
special conditions from other special
conditions issued for Boeing Model 777
series airplanes with OFCR that are not
to be occupied for taxi, takeoff, and
landing, as is the case with Special
Conditions No. 25–230–SC. These
special conditions allow occupancy of
the OFCR during taxi, takeoff, and
landing, but there is no condition that
requires occupancy of the OFCR such
that it is permissible for the rest to be
unoccupied during taxi, takeoff, and
landing.
Boeing further comments that the
Compliance by Inspection in Condition
4.a. states, in part,
Because a berth is required to have
two separate exits, a fire within a berth
that blocks an occupant of that berth
from only one exit or the other need not
be considered.
Boeing believes that the proposed
wording implies a requirement for two
exits out of each berth (with berth
meaning each bunk), which they further
believe is not the intent of this
condition, recommending replacing the
proposed text with the following:
A fire within a berth that only blocks
the occupant of that berth from exiting
the berth need not be considered.
The FAA recognizes that the current
wording is cause for confusion and
agrees with the recommended wording,
which is consistent with Boeing Model
787 airplane Special Conditions No. 25–
418–SC.
An individual commenter stated that
Condition 1.b. appears to be
inconsistent with Condition 1.a.iv.
concerning smoking restriction and
ashtray requirements, and recommends
deleting Condition 1.b.
The FAA does not agree with the
recommendation to remove Condition
1.b. Even though condition 1.a.iv
prohibits smoking in the OFCR, the
requirement of one ashtray on both the
inside and outside of the OFCR entrance
is a measure that is intended to further
discourage smoking in the OFCR and to
prevent improper disposal of smoking
materials in the OFCR by providing a
suitable disposal receptacle.
The commenter notes that Condition
15.d requires that the supplemental
oxygen system ‘‘provide an aural and
visual alert to warn occupants of the
OFCR compartment to don oxygen
masks in the event of decompression,’’
for each berthing area, to alert sleeping
crewmembers. The aural alert is
required to sound continuously for a
period no less than 5 minutes or ‘‘until
a reset switch within the OFCR
compartment is activated.’’
The commenter recommends
providing a means to prevent accidental
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berth-occupant deactivation of the
alerting system, to prevent deactivation
of the oxygen-mask-alert reset switch
due to turbulence or movement of a
sleeping occupant. The commenter
recommends that the reset-alarm switch
be located away from the normal reach
and position of an occupant in the
berthing area, and that a physical guard,
or similar means to prevent inadvertent
deactivation, be provided.
While the FAA recognizes that an
alarm-reset switch may be subject to
inadvertent activation if not optimally
placed, the FAA does not agree that an
additional requirement for the location
or design of the alert-reset switch is
necessary. The reset switch in the OFCR
is out of reach of the berth occupants
and is placed out of the way of normal
movement within the compartment, as
dictated by the limited space within the
OFCR, as well as placement of the OFCR
interior features.
The commenter further states that
crewmembers within the OFCR
compartment should be provided
immediate access to lifesaving
equipment, such as personal flotation
devices, adding that the special
conditions do not appear to consider
crew accessibility to such personal
protective equipment.
The FAA agrees that crewmembers
within the OFCR should be provided
immediate access to personal flotation
devices. However, the installation of
flotation devices in the OFCR is not
within the scope of these special
conditions. Rather, the existing
requirements for life-vest installations
which address access of the life vest by
OFCR occupants can be found in
§§ 25.1411(f) and 25.1415(b). Other
flotation means are addressed in
25.1415(e).
Except as discussed above, the special
conditions are adopted as proposed.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 777–9 airplane. 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 a certain
novel or unusual design feature on one
airplane model. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
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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 Model
777–9 airplanes with an OFCR
compartment installed adjacent to, or
immediately aft of, the first pair of exits
(Door 1).
1. During flight, occupancy of the
OFCR compartment is limited to the
total number of installed bunks and
seats in the compartment, and that are
approved to the maximum flight-loading
conditions. During TT&L, occupancy of
the OFCR compartment is limited to the
total number of installed seats approved
for the flight and ground-load
conditions, and emergency-landing
conditions. Therefore, the OFCR
compartment is limited to a maximum
of four crewmembers during flight, and
two flightcrew members during TT&L.
a. Appropriate placards must be
located inside and outside each
entrance to the OFCR compartment to
indicate:
i. Occupancy is limited to flightcrew
members (pilots) during TT&L.
ii. The maximum number of
crewmembers allowed during flight, and
the maximum number of flightcrew
members allowed during TT&L.
iii. Occupancy is restricted to
crewmembers the pilot in command has
determined to be both trained in the
emergency procedures for the OFCR
compartment and able to rapidly use the
evacuation routes.
iv. Smoking is prohibited in the OFCR
compartment.
v. Stowage in the OFCR compartment
area is limited to crew personal luggage.
The stowage of cargo or passenger
baggage is not allowed.
b. At least one ashtray must be located
on both the inside and the outside of
any entrance to the OFCR compartment.
c. A limitation in the airplane flight
manual must restrict occupancy to
crewmembers the pilot in command has
determined to be both trained in the
emergency procedures for the OFCR
compartment and able to rapidly use the
evacuation routes of the OFCR
compartment.
d. If mini-suites with doors are
installed on the main deck beneath the
OFCR, occupancy of the OFCR may be
prohibited during TT&L due to the
conditions of an exemption that allows
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installation of mini-suites. If occupancy
of the OFCR during TT&L is further
restricted by exemption, the placard
required in Condition 1.a must reflect
that occupancy of the OFCR is not
allowed during TT&L in lieu of
Condition 1.a.i, stating occupancy is
limited to flightcrew members (pilots)
during TT&L.
2. The following requirements are
applicable to OFCR compartment doors:
a. A means must be provided for any
door installed between the OFCR
compartment and the passenger cabin to
be opened quickly from inside the
OFCR compartment, and when
crowding from an emergency evacuation
occurs at each side of the door.
b. Doors installed across emergency
egress routes must have a means to latch
them in the open position. The latching
means must be able to withstand the
loads imposed upon it when the door is
subjected to the ultimate inertia forces,
relative to the surrounding structure,
listed in § 25.561(b).
c. A placard must be displayed in a
conspicuous place on the outside of the
entrance door of the OFCR
compartment, and on any other door(s)
installed across emergency egress routes
of the OFCR compartment, requiring
those doors to be latched open when the
OFCR compartment is occupied during
TT&L.
i. This requirement does not apply to
emergency-escape hatches installed in
the floor of the OFCR compartment.
ii. A placard must be displayed in a
conspicuous place on the outside of the
entrance door to the OFCR
compartment, and that requires the
compartment door to be closed and
locked when it is not occupied.
iii. Procedures for meeting these
requirements must be transmitted to the
operator for incorporation into its
training programs and appropriate
operational manuals.
d. For all doors installed in the OFCR
compartment, a means must be
provided to prevent anyone from being
trapped inside the OFCR compartment.
If a locking mechanism is installed, it
must be capable of being unlocked from
the outside without the aid of special
tools. The lock must not prevent
opening from the inside of the OFCR
compartment at any time.
3. In addition to the requirements of
§ 25.562 for seats that are occupiable
during takeoff and landing, and restraint
systems, the OFCR compartment
structure must be compatible with the
loads imposed by the seats as a result of
the conditions specified in § 25.562(b).
4. At least two emergency evacuation
routes must be available for use by each
occupant of the OFCR compartment to
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rapidly evacuate to the main cabin.
These evacuation routes must be able to
be closed from the main passenger cabin
after evacuation. In addition:
a. The routes must be located with
sufficient separation within the OFCR
compartment to minimize the
possibility of an event either inside or
outside of the OFCR compartment
rendering both routes inoperative.
Compliance with requirements of
Condition 4.a. of these special
conditions may be shown by inspection
or by analysis. Regardless of which
method is used, the maximum
acceptable distance between OFCR
compartment exits is 60 feet.
Compliance by Inspection
Inspection may be used to show
compliance with Condition 4.a. of these
special conditions. An inspection
finding that an OFCR compartment has
evacuation routes located so that each
occupant of the seats and berths has an
unobstructed route to at least one of the
OFCR compartment exits, regardless of
the location of a fire, would be reason
for a finding of compliance. A fire
within a berth that only blocks the
occupant of that berth from exiting the
berth need not be considered. Therefore,
OFCR compartment exits that are
located at opposite ends (i.e., adjacent to
opposite-end walls) of the OFCR
compartment would require no further
review or analysis with regard to exit
separation.
Compliance by Analysis
Analysis must show that the OFCR
compartment configuration and interior
features allow all occupants of the
OFCR compartment to escape the
compartment in the event of a hazard
inside or outside of the compartment.
Elements to consider in this evaluation
are as follows:
i. Fire inside or outside the OFCR
compartment, considered separately,
and the design elements used to reduce
the available fuel for the fire.
ii. Design elements used to reduce
fire-ignition sources in the OFCR
compartment.
iii. Distribution and quantity of
emergency equipment within the OFCR
compartment.
iv. Structural failure or deformation of
components that could block access to
the available evacuation routes (e.g.,
seats, folding berths, contents of
stowage compartments, etc.).
v. An incapacitated person blocking
the evacuation routes.
vi. Any other foreseeable hazard not
identified above that could cause the
evacuation routes to be compromised.
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Analysis must consider design
features affecting access to the
evacuation routes. Possibilities for
design components affecting evacuation
that should be considered include, but
are not limited to, seat deformations
(reference §§ 25.561(d) and
25.562(c)(8)), seat-back break-over, rigid
structure that reduces access from one
part of the compartment to another, and
items known to be the cause of potential
hazards. Factors that also should be
considered are availability of emergency
equipment to address fire hazards;
availability of communications
equipment; supplemental restraint
devices to retain items of mass that, if
broken loose, could hinder evacuation;
and load-path isolation between
components containing evacuation
routes.
Analysis of fire threats should be used
in determining placement of required
fire extinguishers and protective
breathing equipment (PBE). This
analysis should consider the possibility
of fire in any location in the OFCR
compartment. The location and quantity
of PBE equipment and fire extinguishers
should allow occupants located in any
approved seats or berths access to the
equipment necessary to fight a fire in
the OFCR compartment.
The intent of this condition is to
provide sufficient exit-route separation.
Therefore, the exit-separation analysis
described above should not be used to
approve OFCR-compartment exits that
have less physical separation (measured
between the centroid of each exit
opening) than the minimums prescribed
below, unless compensating features are
identified and submitted to the FAA for
evaluation and approval.
For an OFCR compartment with one
exit located near the forward or aft end
of the compartment (as measured by
having the centroid of the exit opening
within 20 percent of the forward or aft
end of the total OFCR-compartment
length), the exit separation from one exit
to the other should not be less than 50
percent of the total OFCR compartment
length.
For OFCR compartments with neither
required OFCR compartment exit
located near the forward or aft end of
the compartment (as measured by not
having the centroid of either exit
opening within 20 percent of the
forward or aft end of the total OFCR
compartment length), the exit separation
from one exit to the other should not be
less than 30 percent of the total OFCRcompartment length.
b. The evacuation routes must be
designed to minimize the possibility of
blockage, which might result from fire,
mechanical or structural failure, or
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Fmt 4700
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persons standing below or against the
OFCR-compartment exits. One of the
two OFCR-compartment exits should
not be located where normal movement
or evacuation by passengers occurs
(main aisle, cross aisle, or galley
complex, for example) that would
impede egress from the OFCR
compartment. If an evacuation route is
in an area where normal movement or
evacuation of passengers occurs, it must
be demonstrated that passengers would
not impede egress to the main deck. If
low headroom is at or near the
evacuation route, provisions must be
made to prevent or to protect occupants
of the OFCR compartment from head
injury. Use of evacuation routes must
not depend on any powered device. If
an OFCR-compartment exit is over an
area of passenger seats, a maximum of
five passengers may be displaced from
their seats temporarily during the
process of evacuating an incapacitated
person(s). If such an evacuation
procedure involves the evacuee
stepping on seats, the seats must not be
damaged to the extent that they would
not be acceptable for occupancy during
an emergency landing.
c. Emergency evacuation procedures,
including procedures for emergency
evacuation of an incapacitated occupant
from the OFCR compartment, must be
established. The applicant must
transmit all of these procedures to the
operator for incorporation into its
training programs and appropriate
operational manuals.
d. A limitation must be included in
the airplane flight manual or other
suitable means to require that
crewmembers are trained in the use of
the OFCR-compartment evacuation
routes. This training must instruct crew
to ensure that the OFCR compartment
(including seats, doors, etc.) is in its
proper TT&L configuration during
TT&L.
e. In the event no flight attendant is
present in the area around the door to
the OFCR compartment, and also during
an emergency, including an emergency
evacuation, a means must be available
to prevent passengers on the main deck
from entering the OFCR compartment.
f. Doors or hatches separating the
OFCR compartment from the main deck
must not adversely affect evacuation of
occupants on the main deck (slowing
evacuation by encroaching into aisles,
for example) or cause injury to those
occupants during opening or while
opened.
g. The means of opening doors and
hatches to the OFCR compartment must
be simple and obvious. The OFCR
compartment doors and hatches must be
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able to be closed from the main
passenger cabin.
5. A means must be available for
evacuating an incapacitated person,
representative of a 95th percentile male,
from the OFCR compartment to the
passenger cabin floor. Such an
evacuation must be demonstrated for all
evacuation routes. A crewmember (a
total of one assistant within the OFCR
compartment) may provide assistance in
the evacuation. Additional assistance
may be provided by up to three persons
in the main passenger compartment.
These additional assistants must be
standing on the floor while providing
assistance. For evacuation routes with
stairways, the additional assistants may
ascend up to one half the elevation
change from the main deck to the OFCR
compartment, or to the first landing,
whichever is lower.
6. The following signs and placards
must be provided in the OFCR
compartment and they must meet the
following criteria:
a. At least one exit sign, located near
each OFCR compartment exit, meeting
the emergency lighting requirements of
§ 25.812(b)(1)(i). One allowable
exception would be a sign with reduced
background area of no less than 5.3
square inches (excluding the letters),
provided that it is installed so that the
material surrounding the exit sign is
light in color (white, cream, light beige,
for example). If the material
surrounding the exit sign is not light in
color, a sign with a minimum of a oneinch-wide background border around
the letters would be acceptable. Another
allowable exception is a sign with a
symbol that the FAA has determined to
be equivalent for use as an exit sign in
an OFCR compartment.
b. An appropriate placard located
conspicuously on or near each OFCRcompartment door or hatch that defines
the location and the operating
instructions for access to and operation
of the door or hatch.
c. Placards must be readable from a
distance of 30 inches under emergency
lighting conditions.
d. The door or hatch handles, and
operating-instruction placards required
by Condition 6.b. of these special
conditions, must be illuminated to at
least 160 microlamberts under
emergency lighting conditions.
7. A means must be available, in the
event of failure of the airplane main
power system, or of the normal OFCRcompartment lighting system, for
emergency illumination to be
automatically provided for the OFCR
compartment.
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a. This emergency illumination must
be powered independently of the main
lighting system.
b. The sources of general cabin
illumination may be common to both
the emergency and the main lighting
systems if the power supply to the
emergency lighting system is
independent of the power supply to the
main lighting system.
c. The illumination level must be
sufficient to allow occupants of the
OFCR compartment to locate and move
to the main passenger cabin floor by
means of each evacuation route.
d. The illumination level must be
sufficient, with the privacy curtains in
the closed position, for each occupant of
the OFCR compartment to locate a
deployed oxygen mask.
8. A means must be available for twoway voice communications between
crewmembers on the flight deck and
occupants of the OFCR compartment.
Two-way communications must also be
available between occupants of the
OFCR compartment and each flight
attendant station in the passenger cabin
that is required, per § 25.1423(g), to
have a public-address-system
microphone. In addition, the publicaddress system must include provisions
to provide only the relevant information
to the crewmembers in the OFCR
compartment (e.g., fire in flight, aircraft
depressurization, preparation of the
compartment for landing, etc.). That is,
provisions must be made so that
occupants of the OFCR compartment
will not be disturbed with normal, nonemergency announcements made to the
passenger cabin.
9. A means must be available for
manual activation of an aural
emergency-alarm system, audible during
normal and emergency conditions, to
enable crewmembers on the flight deck
and at each pair of required floor-level
emergency exits to alert occupants of
the OFCR compartment of an emergency
situation. Use of a public address or
crew interphone system will be
acceptable, provided an adequate means
of differentiating between normal and
emergency communications is
incorporated. The system must be
powered in flight, after the shutdown or
failure of all engines and auxiliary
power units, for a period of at least ten
minutes.
10. A means, readily detectable by
seated or standing occupants of the
OFCR compartment, must be in place to
indicate when seat belts should be
fastened. Seatbelt-type restraints must
be provided for berths and must be
compatible with the sleeping position
during cruise conditions. A placard on
each berth must require that these
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81787
restraints be fastened when occupied. If
compliance with any of the other
requirements of these special conditions
is predicated on specific head position,
a placard must identify that head
position.
11. Protective breathing equipment
must be provided in accordance with
§ 25.1439, except that in lieu of a device
for each crewmember, the following
must be provided: Two PBE devices
approved to Technical Standard Order
(TSO)-C116 or equivalent, suitable for
firefighting, or one PBE for each handheld fire extinguisher, whichever is
greater. The following equipment must
also be provided in the OFCR
compartment:
a. At least one approved hand-held
fire extinguisher appropriate for the
kinds of fires likely to occur.
b. One flashlight.
Note: Additional PBE devices and fire
extinguishers in specific locations,
beyond the minimum numbers
prescribed in Condition 11 of these
special conditions, may be required as
a result of the egress analysis
accomplished to satisfy Condition 4.a.
of these special conditions.
12. A smoke- or fire-detection system
(or systems) must be provided that
monitors each occupiable space within
the OFCR compartment, including those
areas partitioned by curtains or doors.
Flight tests must be conducted to show
compliance with this requirement. If a
fire occurs, each system (or systems)
must provide:
a. A visual indication to the flight
deck within one minute after the start of
a fire.
b. An aural warning in the OFCR
compartment.
c. A warning in the main passenger
cabin. This warning must be readily
detectable by a flight attendant, taking
into consideration the locations of flight
attendants throughout the main
passenger compartment during various
phases of flight.
13. A means to fight a fire must be
provided. This can be either a built-in
extinguishing system or a manual, handheld extinguishing system.
a. For a built-in extinguishing system:
i. The system must have adequate
capacity to suppress a fire considering
the fire threat, volume of the
compartment, and the ventilation rate.
The system must have sufficient
extinguishing agent to provide an initial
knockdown and suppression
environment per the minimum
performance standards that have been
established for the agent being used. In
addition, certification flight testing will
verify the acceptable duration that the
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suppression environment can be
maintained.
ii. If the capacity of the extinguishing
system does not provide effective fire
suppression that will last for the
duration of flight from the farthest point
in route to the nearest suitable landing
site expected in service, an additional
manual firefighting procedure must be
established. For the built-in
extinguishing system, the time duration
for effective fire suppression must be
established and documented in the
firefighting procedures in the airplane
flight manual. If the duration of time for
demonstrated effective fire suppression
provided by the built-in extinguishing
agent will be exceeded, the firefighting
procedures must instruct the crew to:
1. Enter the OFCR compartment at the
time that demonstrated fire suppression
effectiveness will be exceeded.
2. Check for and extinguish any
residual fire.
3. Confirm that the fire is out.
b. For a manual, hand-held
extinguishing system (designed as the
sole means to fight a fire or to
supplement a built-in extinguishing
system of limited suppression duration)
for the OFCR compartment:
i. A limitation must be included in
the airplane flight manual or other
suitable means requiring that
crewmembers be trained in the
firefighting procedures.
ii. The OFCR compartment design
must allow crewmembers equipped for
firefighting to have unrestricted access
to all parts of the OFCR compartment.
iii. The time for a crewmember on the
main deck to react to the fire alarm, don
the firefighting equipment, and gain
access to the OFCR compartment must
not exceed the time it would take for the
compartment to become filled with
smoke, thus making it difficult to locate
the fire source.
iv. Approved procedures describing
methods for searching the OFCR
compartment for fire source(s) must be
established. These procedures must be
transmitted to the operator for
incorporation into its training programs
and appropriate operational manuals.
14. A means must be provided to
prevent hazardous quantities of smoke
or extinguishing agent originating in the
OFCR compartment from entering any
other occupiable compartment.
a. Small quantities of smoke may
penetrate from the OFCR compartment
into other occupied areas during the
one-minute smoke-detection time.
b. A provision in the firefighting
procedures must ensure that all doors
and hatches at the OFCR compartment
are closed after evacuation of the
compartment and during firefighting to
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minimize smoke and extinguishing
agent entering other occupiable
compartments.
c. All smoke entering any occupiable
compartment when access to the OFCR
compartment is open for evacuation
must dissipate within five minutes after
the access to the OFCR compartment is
closed.
d. Hazardous quantities of smoke may
not enter any occupied compartment
during access to manually fight a fire in
the OFCR compartment. The amount of
smoke entrained by a firefighter exiting
the OFCR compartment is not
considered hazardous.
e. Flight tests must be conducted to
show compliance with this requirement.
15. A supplemental oxygen system
within the OFCR compartment must
provide the following:
a. At least one mask for each seat and
berth in the OFCR compartment.
b. If a destination area (such as a
changing area) is provided in the OFCR
compartment, an oxygen mask must be
readily available for each occupant who
can reasonably be expected to be in the
destination area (with the maximum
number of required masks within the
destination area being limited to the
placarded maximum occupancy of the
OFCR compartment).
c. An oxygen mask must be readily
accessible to each occupant who can
reasonably be expected to be moving
from the main cabin into the OFCR
compartment, moving around within
the OFCR compartment, or moving from
the OFCR compartment to the main
cabin.
d. The system must provide an aural
and visual alert to warn occupants of
the OFCR compartment to don oxygen
masks in the event of decompression.
The aural and visual alerts must activate
concurrently with deployment of the
oxygen masks in the passenger cabin. To
compensate for sleeping occupants, the
aural alert must be heard in each section
of the OFCR compartment and must
sound continuously for a minimum of 5
minutes or until a reset switch within
the OFCR compartment is activated. A
visual alert that informs occupants that
they must don an oxygen mask must be
visible in each section.
e. A means must be in place by which
oxygen masks can be manually
deployed from the flight deck.
f. Approved procedures must be
established for OFCR occupants in the
event of decompression. These
procedures must be transmitted to the
operator for incorporation into its
training programs and appropriate
operational manuals.
g. The supplemental oxygen system
for the OFCR compartment must meet
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Frm 00008
Fmt 4700
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the same 14 CFR part 25 regulations as
the supplemental oxygen system for the
passenger cabin occupants, except for
the 10 percent additional masks
requirement of 14 CFR 25.1447(c)(1).
h. The illumination level of the
normal OFCR-compartment lighting
system must automatically be sufficient
for each occupant of the compartment to
locate a deployed oxygen mask.
16. The following additional
requirements apply to OFCR
compartments that are divided into
several sections by the installation of
curtains or partitions:
a. A placard is required adjacent to
each curtain that visually divides or
separates, for example, for privacy
purposes, the OFCR compartment into
multiple sections. The placard must
require that the curtain(s) remains open
when the section it creates is
unoccupied. The vestibule section
adjacent to the stairway is not
considered a private section and,
therefore, does not require a placard.
b. For each section of the OFCR
compartment created by the installation
of a curtain, the following requirements
of these special conditions must be met
with the curtain open or closed:
i. No-smoking placard requirement
(Condition 1).
ii. Emergency illumination
requirement (Condition 7).
iii. Emergency alarm-system
requirement (Condition 9).
iv. Seatbelt-fasten signal or return-toseat signal as applicable requirement
(Condition 10).
v. Smoke- or fire-detection system
requirement (Condition 12).
vi. Oxygen-system requirement
(Condition 15).
c. OFCR compartments that are
visually divided to the extent that
evacuation could be adversely affected
must have exit signs directing occupants
to the exit at the primary stairway. The
exit signs must be provided in each
separate section of the OFCR
compartment, except for curtained
bunks, and must meet requirements of
§ 25.812(b)(1)(i). An exit sign with
reduced background area or a symbolic
exit sign, as described in Condition 6.a.
of these special conditions, may be used
to meet this requirement.
d. For sections within an OFCR
compartment created by the installation
of a rigid partition with a door
separating the sections, the following
requirements of these special conditions
must be met with the door open or
closed:
i. A secondary evacuation route from
each section to the main deck, or the
applicant must show that any door
between the sections precludes anyone
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from being trapped inside a section of
the compartment. Removal of an
incapacitated occupant from within this
area must be considered. A secondary
evacuation route from a small room
designed for only one occupant for a
short time duration, such as a changing
area or lavatory, is not required, but
removal of an incapacitated occupant
from within such a small room must be
considered.
ii. Any door between the sections
must be shown to be openable when
crowded against, even when crowding
occurs at each side of the door.
iii. No more than one door may be
located between any seat or berth and
the primary stairway door.
iv. In each section, exit signs meeting
requirements of § 25.812(b)(1)(i), or
shown to have an equivalent level of
safety, must direct occupants to the exit
at the primary stairway. An exit sign
with reduced background area or a
symbolic exit sign, as described in
Condition 6.a. of these special
conditions, may be used to meet this
requirement.
v. Conditions 1 (no-smoking
placards), 7 (emergency illumination), 9
(emergency alarm system), 10 (fasten-
seatbelt signal or return-to-seat signal as
applicable), 12 (smoke- or fire-detection
system), and 15 (oxygen system) must
be met with the OFCR compartment
door open or closed.
vi. Conditions 8 (two-way voice
communication) and 11 (emergency
firefighting and protective equipment)
must be met independently for each
separate section, except for lavatories or
other small areas that are not intended
to be occupied for extended periods of
time.
17. If a waste-disposal receptacle is
fitted in the OFCR compartment, it must
be equipped with an automatic fire
extinguisher that meets the performance
requirements of § 25.854(b).
18. Materials (including finishes or
decorative surfaces applied to the
materials) must comply with the
requirements of § 25.853 as amended by
Amendment 25–116. Seat cushions and
mattresses must comply with the
requirements of § 25.853(c) as amended
by Amendment 25–116, and the test
requirements of part 25, appendix F,
part II, or other equivalent methods.
19. The addition of a lavatory within
the OFCR compartment would require
the lavatory to meet the same
81789
requirements as those for a lavatory
installed on the main deck, except with
regard to Condition 12 of these special
conditions for smoke detection.
20. Each stowage compartment in the
OFCR compartment, except for
underseat compartments for occupant
convenience, must be completely
enclosed. All enclosed stowage
compartments within the OFCR
compartment that are not limited to
stowage of emergency equipment or
airplane-supplied equipment (i.e.,
bedding) must meet the design criteria
described in the table below. Enclosed
stowage compartments greater than 200
ft.3 in interior volume are not addressed
by this special condition. The in-flight
accessibility of very large, enclosed
stowage compartments, and the
subsequent impact on the
crewmembers’ ability to effectively
reach any part of the compartment with
the contents of a hand-held fireextinguishing system, will require
additional fire-protection considerations
similar to those required for inaccessible
compartments such as Class C cargo
compartments.
DESIGN CRITERIA FOR ENCLOSED STOWAGE COMPARTMENTS NOT LIMITED TO STOWAGE OF EMERGENCY OR AIRPLANESUPPLIED EQUIPMENT
Applicability of fire protection requirements by interior volume
Fire protection features
Compliant Materials of Construction 1 ........................................
Smoke or Fire Detectors 2 ..........................................................
Liner 3 .........................................................................................
Fire Location Detect 4 .................................................................
Less than 25 cu. ft.
25 cu. ft. to less than 57
cu. ft.
Yes .................................
No ..................................
No ..................................
No ..................................
Yes .................................
Yes .................................
Conditional .....................
Yes .................................
57 cu. ft. to
200 cu. ft.
Yes.
Yes.
Yes.
Yes.
1 Compliant Materials of Construction: The material used in constructing each enclosed stowage compartment must at least be fire resistant
and must meet the flammability standards established for interior components (i.e., 14 CFR part 25 Appendix F, Parts I, IV, and V) per the requirements of § 25.853. For compartments less than 25 ft.3 in interior volume, the design must ensure the ability to contain a fire likely to occur
within the compartment under normal use.
2 Smoke or Fire Detectors: Enclosed stowage compartments equal to or exceeding 25 ft.3 in interior volume must be provided with a smoke- or
fire-detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide:
(a) A visual indication in the flight deck within one minute after the start of a fire.
(b) An aural warning in the OFCR compartment.
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the locations of flight attendants throughout the main passenger compartment during various phases of flight.
3 Liner: If material used in constructing the stowage compartment can be shown to meet the flammability requirements of a liner for a Class B
cargo compartment (i.e., § 25.855 at Amendment 25–116, and Appendix F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft.3 but less than 57 ft.3 in interior volume. For all enclosed stowage compartments
equal to or greater than 57 ft.3 in interior volume but less than or equal to 200 ft.3, a liner must be provided that meets the requirements of
§ 25.855 for a Class B cargo compartment.
4 Fire Location Detector: If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.3 interior volume that are located separately from the other stowage compartments (located, for example, away from one central location, such as the entry to the OFCR compartment
or a common area within the OFCR compartment, where the other stowage compartments are), that OFCR compartment would require additional fire-protection features and/or devices to assist the firefighter in determining the location of a fire.
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Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations
Issued in Des Moines, Washington, on
December 4, 2020.
James E. Wilborn,
Acting Manager, Transport Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2020–27107 Filed 12–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1122; Project
Identifier MCAI–2020–00972–T; Amendment
39–21357; AD 2020–26–02]
RIN 2120–AA64
Airworthiness Directives; Yabora˜
Indu´stria Aerona´utica S.A. (Type
Certificate Previously Held by Embraer
S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Yabora˜ Indu´stria Aerona´utica S.A. (type
certificate previously held by Embraer
S.A.) Model ERJ 190–400 airplanes. This
AD was prompted by a report of an inflight shutdown (IFSD) due in part to
failure in the low-pressure compressor
(LPC) rotor 1 during operation in high
altitude at high thrust settings. This AD
requires amending the airplane flight
manual (AFM) to incorporate a new
limitation and revise certain normal
procedures, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD becomes effective
January 4, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 4, 2021.
The FAA must receive comments on
this AD by February 1, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUMMARY:
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17:27 Dec 16, 2020
Jkt 253001
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material incorporated by
reference (IBR) in this AD, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, BRAZIL, Tel: 55 (12)
3203–6600; Email: pac@anac.gov.br;
internet www.anac.gov.br/en/. You may
find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. You may
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1122.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1122; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, any comments received, and other
information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Krista Greer, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3221; email
krista.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2020–07–01, effective July 15, 2020
(ANAC AD 2020–07–01) (also referred
to as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for certain Yabora˜ Indu´stria Aerona´utica
S.A. (type certificate previously held by
Embraer S.A.) Model ERJ 190–400
airplanes.
This AD was prompted by a report of
an IFSD due in part to failure in the LPC
rotor 1 during operation in high altitude
at high thrust settings. The FAA is
issuing this AD to address uncontained
release of the LPC rotor 1 and damage
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
to the engine and airplane structure,
which could result in loss of control of
the airplane. See the MCAI for
additional background information.
Related Service Information Under 1
CFR Part 51
ANAC AD 2020–07–01 describes
procedures for amending the AFM to
incorporate a new limitation and revise
the normal procedures to limit the
engine N1 setting for flights above
33000 ft. This material is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI referenced
above. The FAA is issuing this AD
because the FAA evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Requirements of This AD
This AD requires accomplishing the
actions specified in the MCAI described
previously, as incorporated by
reference, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA initially worked with
Airbus and EASA to develop a process
to use certain EASA ADs as the primary
source of information for compliance
with requirements for corresponding
FAA ADs. The FAA has since
coordinated with other manufacturers
and civil aviation authorities (CAAs) to
use this process. As a result, ANAC AD
2020–07–01 is incorporated by reference
in this final rule. This AD, therefore,
requires compliance with ANAC AD
2020–07–01 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Service
information specified in ANAC AD
2020–07–01 that is required for
compliance with ANAC AD 2020–07–01
is available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
1122.
E:\FR\FM\17DER1.SGM
17DER1
Agencies
[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81782-81790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27107]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2019-1054; Special Conditions No. 25-777-SC]
Special Conditions: Boeing Commercial Airplanes Model 777-9
Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi,
Takeoff, and Landing
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Boeing Commercial
Airplanes (Boeing) Model 777-9 airplane. This airplane will have a
novel or unusual design feature when compared to the state of
technology envisioned in the airworthiness standards for transport-
category airplanes. This design feature is an overhead flightcrew rest
(OFCR) compartment occupiable during taxi, takeoff, and landing (TT&L).
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
DATES: Effective January 19, 2021.
FOR FURTHER INFORMATION CONTACT: Shannon Lennon, 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 206-231-3209; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
On December 6, 2013, Boeing applied for an amendment to Type
Certificate No. T00001SE to include the new 777-9 airplane. The
application date was extended to March 30, 2016, at Boeing's request.
The Boeing Model 777-9 airplane, which is a derivative of the Boeing
Model 777 airplane currently approved under Type Certificate No.
T00001SE, is a twin-engine, transport-category airplane with seating
for 495 passengers, and a maximum takeoff weight of 775,000 lbs.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the 777-9 airplane, as changed,
continues to meet the applicable provisions of the regulations listed
in Type Certificate No. T00001SE, or the applicable regulations in
effect on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-9 airplane
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 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 777-9 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.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 777-9 airplane will incorporate the following
novel or unusual design features:
An overhead flightcrew rest (OFCR) compartment occupiable during
taxi, takeoff, and landing.
Discussion
Crew rest compartments have been previously installed and
certificated on several Boeing airplane models in locations such as in
the main passenger seating area, the overhead space above the main
passenger-cabin seating area, and below the passenger-cabin seating
area within the cargo compartment. In each case, the Administrator
determined that the applicable regulations (i.e., 14 CFR part 25) did
not provide all of the necessary requirements, because each
installation had unique features by virtue of its design, location, and
use on the airplane.
For Boeing Model 777 airplanes, the FAA issued Special Conditions
No. 25-260-SC, dated April 14, 2004, for OFCR compartments allowed to
be occupied during TT&L, as well as during flight. However, after
issuance of Special Conditions No. 25-260-SC, the FAA issued Special
Conditions No. 25-418-SC for the Boeing Model 787-8 airplane, for the
same novel design feature, with changes to better address oxygen
systems and fire suppressors. Those special conditions reflected the
methodology necessary to provide an equivalent level of safety for
remote OFCR compartments. Therefore, new special conditions are issued
for this design feature on Boeing Model 777-9 airplanes, in lieu of
Special Conditions No. 25-260-SC.
For the Boeing Model 777-9 airplane, the OFCR compartment is
located in the overhead space above the main passenger-cabin seating
area immediately aft of the first pair of main-deck emergency exits
(Door 1). The compartment includes two private berths and up to two
seats. Occupancy of the compartment will be limited to a maximum of
four trained crewmembers during flight, and two trained flightcrew
members, one in each seat, during TT&L. The compartment will be
accessed from the main deck by stairs through a vestibule. In addition,
a secondary evacuation route, which opens directly into the main
passenger seating area, will be available as an alternate route for
evacuating occupants of the compartment. A smoke-detection system and
an oxygen system will be provided in the compartment. Other optional
features, such as a sink with cold-drink stowage or a lavatory, may be
provided as well.
This Boeing Model 777-9 airplane OFCR compartment is novel or
unusual to part 25 due to its design, location, and use on the
airplane. This compartment is particularly novel or unusual in that it
is located in the overhead area of the passenger compartment, and will
be occupied by trained flightcrew during TT&L. Due to the novel or
unusual features associated with the installation of this compartment,
special conditions are considered necessary to provide a level
[[Page 81783]]
of safety equal to that established by the airworthiness regulations.
The 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.
Operational Evaluations and Approval
These special conditions establish requirements for OFCR-
compartment design approvals administered by the FAA's Aircraft
Certification Service. Before operational use of an OFCR compartment,
the FAA's Flight Standards Service must evaluate and approve the
``basic suitability'' of the compartment for crew occupation.
Additionally, if an operator wishes to use an OFCR compartment as
``sleeping quarters,'' the compartment must undergo an additional
evaluation and approval (reference 14 CFR 121.485(a), 121.523(b), and
135.269(b)(5)). Compliance with these special conditions does not
ensure that the applicant has demonstrated compliance with the
requirements of parts 121 or 135.
To obtain an operational evaluation, the type certificate holder
must contact the appropriate aircraft evaluation group (AEG) in the
Flight Standards Service and request a ``basic suitability'' evaluation
or a ``sleeping quarters'' evaluation of its OFCR compartment. The
results of these evaluations should be documented in a Boeing Model
777-9 airplane flight standardization board (FSB) report appendix.
Individual operators may reference these standardized evaluations in
discussions with their FAA principal operating inspector as the basis
for an operational approval, in lieu of an on-site operational
evaluation.
Any changes to the approved OFCR compartment configuration that
affect crewmember emergency egress, or any other procedures affecting
safety of the occupying crewmembers or related emergency training, will
require re-evaluation and approval. The applicant for an OFCR
compartment design change that affects egress, safety procedures, or
training is responsible for notifying the FAA's AEG that a new
compartment evaluation is required. The results of a reevaluation
should also be documented in a Boeing Model 777-9 airplane FSB report
appendix.
Procedures must be developed to ensure that a crewmember, acting as
firefighter, when entering the OFCR compartment through the stairway or
vestibule to fight a fire, will examine the stairway or vestibule, and
the adjacent galley or lavatory areas (if installed), for the source of
the fire before entering the remaining areas of the compartment. This
is intended to ensure that the source of the fire is not between the
crewmember and the entrance to the OFCR compartment. If a fire source
is not immediately evident to the firefighter, the firefighter should
check for potential fire sources at areas closest to the OFCR
compartment entrance first, then proceed to check areas in such a
manner that the fire source, when found, will not be between the
firefighter and their means of escape from the compartment. Procedures
describing methods for searching the OFCR compartment for fire
source(s) must be transmitted to operators for incorporation into their
training programs and appropriate operational manuals.
Rescue-Crew Training Materials
Installation of an OFCR compartment that can be occupied during
TT&L by flightcrew is unusual. Appropriate information must be provided
to airport fire-rescue personnel so that they understand that this
remote compartment may be occupied during an emergency landing. The
applicant must provide rescue-crew training materials to the local FAA
Airports Division, Safety and Standards Branch, to address this issue.
The FAA Airports Division, Safety and Standards Branch, will ensure
that these materials are distributed to appropriate airports, domestic
and foreign. Special conditions are not considered appropriate to
address this issue.
Discussion of the Special Conditions
These special conditions apply to OFCR compartments that are
occupiable during TT&L and are installed immediately aft of the Door 1
exits on Boeing Model 777-9 airplanes. These special conditions for
Boeing Model 777-9 airplanes supplement 14 CFR part 25. Except as noted
below, these special conditions for Boeing Model 777-9 airplanes are
identical to Boeing Model 777 airplane Special Conditions No. 25-260-
SC.
Conditions 6 and 16 contain requirements for the exit signs that
must be provided in the OFCR compartment. Symbols that satisfy the
equivalent-level-of-safety finding established for Boeing Model 777-9
airplanes may be used in lieu of the text required by Sec.
25.812(b)(1)(i). The FAA expects that the meaning of any symbolic exit
sign will be reinforced as a part of crewmember training in evacuation
procedures.
Condition 15 contains requirements for supplemental oxygen systems.
Earlier Special Conditions No. 25-260-SC for Boeing Model 777-9
airplanes required that each berth be equipped with two oxygen masks.
This was intended to address the case where a person not in a berth was
moving around within the flightcrew rest compartment and needed quick
access to an oxygen mask. For Boeing Model 777-9 airplanes, the
requirement to have two masks per berth may not always meet the
objective of having masks available to persons who are in transition
within the compartment. Therefore, the wording of this condition has
been modified to better state the objective, rather than specifying a
two-masks-per-berth requirement. In addition, the requirement to have
adequate illumination to retrieve an oxygen mask, while implied
previously, is made explicit in these special conditions.
Condition 18 contains the requirements for materials used in the
construction of the OFCR compartment. Special Conditions No. 25-260-SC
stated that Sec. 25.853, as amended by Amendment 25-83, is the
appropriate regulation. Section 25.853 has since been further amended,
and these special conditions reference the latest amendment level for
Sec. 25.853, Amendment 25-116.
Compliance with these special conditions does not relieve the
applicant from the existing airplane certification-basis requirements.
One particular area of concern is that installation of OFCR
compartments changes the compartment volume in the overhead area of the
airplane. The applicant must comply with the pressurized compartment
loads requirements of Sec. 25.365(e), (f), and (g) for the OFCR
compartment, as well as for any other airplane compartments the
decompression characteristics of which are affected by the installation
of an OFCR compartment.
Compliance with Sec. 25.813, emergency-exit access requirements,
must be demonstrated for all phases of flight during which occupants
will be present.
The configuration includes a seat installed adjacent to the OFCR
compartment exit, with the compartment occupiable during TT&L. Note
that the emergency-landing conditions requirements of Sec. Sec.
25.561(d) and 25.562(c)(8) apply to this configuration. Deformations
resulting from required static and dynamic structural tests must not
impede rapid evacuation of the OFCR compartment occupants. Seat
deformations must not prevent opening of the secondary escape
[[Page 81784]]
hatch or rapid evacuation through the secondary escape route.
Section 25.785(h)(2) mandates that the flight attendant seats
required by the operating rules be located in a position that provides
a direct view of the cabin area for which the flight attendant is
responsible. Because the OFCR compartment will be occupied only by
trained crewmembers, the FAA does not consider this requirement
applicable to the seating area in the OFCR compartment.
Section 25.787(a) requires each stowage compartment in the
passenger cabin, except for underseat and overhead stowage compartments
for passenger convenience, to be completely enclosed. This requirement
does not apply to the flight deck, because flightcrew members must be
able to quickly access items to better perform their duties. Flightcrew
members occupying the OFCR compartment will not be performing flight-
deck duties however. Therefore, stowage compartments in the OFCR
compartment, except for underseat compartments for occupant
convenience, should be completely enclosed. This will provide occupants
of the OFCR compartment a similar level of safety to that provided to
passengers on the main deck. Condition 20 contains this requirement.
Section 25.811(c) requires that means be provided to assist
occupants in locating the exits in conditions of dense smoke. Section
25.812(e) requires floor-proximity emergency-escape path marking to
provide guidance for passengers when all sources of illumination above
4 feet from the cabin aisle floor are totally obscured. The FAA
considers that the current OFCR compartment design is sufficient in
regard to these regulations. The two OFCR compartment seats are only a
couple of steps away from the stairway, and when a trained flightcrew
member is at the top of the stairway, the stairway itself will guide
them to the main deck. When the crewmember is on the main deck, floor
proximity lighting and exit-marker signs, which are less than 4 feet
above the floor, are provided.
Section 25.813(e) prohibits installation of interior doors between
passenger compartments, but the FAA has historically found flightcrew
rest-compartment doors to be acceptable, because flightcrew rest
compartments are not passenger compartments. Conditions 2 and 16
provide requirements for flightcrew rest-compartment doors, conditions
that are considered to provide an appropriate level of safety to OFCR
compartment occupants.
Sections 25.1443, 25.1445, and 25.1447 describe oxygen requirements
for flightcrew, passengers, and cabin attendants. Flightcrew members
occupying the OFCR compartment are not on duty, and therefore are
considered passengers in determining compliance with these oxygen
regulations.
Discussion of Comments
The FAA issued Notice of Proposed Special Conditions No. 25-20-07-
SC for the Boeing Model 777-9 airplane, which was published in the
Federal Register on June 30, 2020 (85 FR 39100). The FAA received
responses from three commenters.
The Air Line Pilots Association (ALPA) believes the special
conditions contradict exemptions for mini-suites that prohibit the
occupation of the OFCR during TT&L, and suggests that the special
conditions be modified to provide consideration for Exemption No.
17634A, including a prohibition of occupancy of the OFCR during TT&L
for airplanes fitted with high-walled mini-suites, as well as a
requirement of applicable placarding to be visibly installed in the
OFCR, and related limitations be published within the AFM.
The FAA partially agrees with this comment. The FAA's intends to
prohibit occupancy of an OFCR during TT&L should any egress path from
the crew rest fall into a mini-suite on the main deck as stated in FAA
Exemption No. 17634A. However, such a limitation is not established
solely by the installation of an OCFR. The necessity of such a
limitation would be established by the installation of a mini-suite and
the subsequent assessment of the egress paths from the OFCR relative to
the mini-suite location. For this reason, and the because the subject
of these special conditions is the OFCR and not mini-suite
installations, the prohibition of occupancy of the OFCR during TT&L
when mini-suites are installed will not be restated in these special
conditions. The FAA does agree, however, that the special conditions
should acknowledge that occupancy during TT&L may be further restricted
for purposes of maintaining consistency with related exemptions. As
such, these special conditions have been revised to include Condition
1.d.
Boeing recommends revising the title of the special conditions as
follows:
Special Conditions: Boeing Commercial Airplanes Model 777-9
Airplane; Overhead Flightcrew Rest Compartment.
The FAA does not agree with the proposed change because the title,
as written, differentiates the scope of these special conditions from
other special conditions issued for Boeing Model 777 series airplanes
with OFCR that are not to be occupied for taxi, takeoff, and landing,
as is the case with Special Conditions No. 25-230-SC. These special
conditions allow occupancy of the OFCR during taxi, takeoff, and
landing, but there is no condition that requires occupancy of the OFCR
such that it is permissible for the rest to be unoccupied during taxi,
takeoff, and landing.
Boeing further comments that the Compliance by Inspection in
Condition 4.a. states, in part,
Because a berth is required to have two separate exits, a fire
within a berth that blocks an occupant of that berth from only one exit
or the other need not be considered.
Boeing believes that the proposed wording implies a requirement for
two exits out of each berth (with berth meaning each bunk), which they
further believe is not the intent of this condition, recommending
replacing the proposed text with the following:
A fire within a berth that only blocks the occupant of that berth
from exiting the berth need not be considered.
The FAA recognizes that the current wording is cause for confusion
and agrees with the recommended wording, which is consistent with
Boeing Model 787 airplane Special Conditions No. 25-418-SC.
An individual commenter stated that Condition 1.b. appears to be
inconsistent with Condition 1.a.iv. concerning smoking restriction and
ashtray requirements, and recommends deleting Condition 1.b.
The FAA does not agree with the recommendation to remove Condition
1.b. Even though condition 1.a.iv prohibits smoking in the OFCR, the
requirement of one ashtray on both the inside and outside of the OFCR
entrance is a measure that is intended to further discourage smoking in
the OFCR and to prevent improper disposal of smoking materials in the
OFCR by providing a suitable disposal receptacle.
The commenter notes that Condition 15.d requires that the
supplemental oxygen system ``provide an aural and visual alert to warn
occupants of the OFCR compartment to don oxygen masks in the event of
decompression,'' for each berthing area, to alert sleeping crewmembers.
The aural alert is required to sound continuously for a period no less
than 5 minutes or ``until a reset switch within the OFCR compartment is
activated.''
The commenter recommends providing a means to prevent accidental
[[Page 81785]]
berth-occupant deactivation of the alerting system, to prevent
deactivation of the oxygen-mask-alert reset switch due to turbulence or
movement of a sleeping occupant. The commenter recommends that the
reset-alarm switch be located away from the normal reach and position
of an occupant in the berthing area, and that a physical guard, or
similar means to prevent inadvertent deactivation, be provided.
While the FAA recognizes that an alarm-reset switch may be subject
to inadvertent activation if not optimally placed, the FAA does not
agree that an additional requirement for the location or design of the
alert-reset switch is necessary. The reset switch in the OFCR is out of
reach of the berth occupants and is placed out of the way of normal
movement within the compartment, as dictated by the limited space
within the OFCR, as well as placement of the OFCR interior features.
The commenter further states that crewmembers within the OFCR
compartment should be provided immediate access to lifesaving
equipment, such as personal flotation devices, adding that the special
conditions do not appear to consider crew accessibility to such
personal protective equipment.
The FAA agrees that crewmembers within the OFCR should be provided
immediate access to personal flotation devices. However, the
installation of flotation devices in the OFCR is not within the scope
of these special conditions. Rather, the existing requirements for
life-vest installations which address access of the life vest by OFCR
occupants can be found in Sec. Sec. 25.1411(f) and 25.1415(b). Other
flotation means are addressed in 25.1415(e).
Except as discussed above, the special conditions are adopted as
proposed.
Applicability
As discussed above, these special conditions are applicable to the
Boeing Model 777-9 airplane. 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 a certain novel or unusual design feature
on one airplane model. 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 Boeing Model 777-9 airplanes with an
OFCR compartment installed adjacent to, or immediately aft of, the
first pair of exits (Door 1).
1. During flight, occupancy of the OFCR compartment is limited to
the total number of installed bunks and seats in the compartment, and
that are approved to the maximum flight-loading conditions. During
TT&L, occupancy of the OFCR compartment is limited to the total number
of installed seats approved for the flight and ground-load conditions,
and emergency-landing conditions. Therefore, the OFCR compartment is
limited to a maximum of four crewmembers during flight, and two
flightcrew members during TT&L.
a. Appropriate placards must be located inside and outside each
entrance to the OFCR compartment to indicate:
i. Occupancy is limited to flightcrew members (pilots) during TT&L.
ii. The maximum number of crewmembers allowed during flight, and
the maximum number of flightcrew members allowed during TT&L.
iii. Occupancy is restricted to crewmembers the pilot in command
has determined to be both trained in the emergency procedures for the
OFCR compartment and able to rapidly use the evacuation routes.
iv. Smoking is prohibited in the OFCR compartment.
v. Stowage in the OFCR compartment area is limited to crew personal
luggage. The stowage of cargo or passenger baggage is not allowed.
b. At least one ashtray must be located on both the inside and the
outside of any entrance to the OFCR compartment.
c. A limitation in the airplane flight manual must restrict
occupancy to crewmembers the pilot in command has determined to be both
trained in the emergency procedures for the OFCR compartment and able
to rapidly use the evacuation routes of the OFCR compartment.
d. If mini-suites with doors are installed on the main deck beneath
the OFCR, occupancy of the OFCR may be prohibited during TT&L due to
the conditions of an exemption that allows installation of mini-suites.
If occupancy of the OFCR during TT&L is further restricted by
exemption, the placard required in Condition 1.a must reflect that
occupancy of the OFCR is not allowed during TT&L in lieu of Condition
1.a.i, stating occupancy is limited to flightcrew members (pilots)
during TT&L.
2. The following requirements are applicable to OFCR compartment
doors:
a. A means must be provided for any door installed between the OFCR
compartment and the passenger cabin to be opened quickly from inside
the OFCR compartment, and when crowding from an emergency evacuation
occurs at each side of the door.
b. Doors installed across emergency egress routes must have a means
to latch them in the open position. The latching means must be able to
withstand the loads imposed upon it when the door is subjected to the
ultimate inertia forces, relative to the surrounding structure, listed
in Sec. 25.561(b).
c. A placard must be displayed in a conspicuous place on the
outside of the entrance door of the OFCR compartment, and on any other
door(s) installed across emergency egress routes of the OFCR
compartment, requiring those doors to be latched open when the OFCR
compartment is occupied during TT&L.
i. This requirement does not apply to emergency-escape hatches
installed in the floor of the OFCR compartment.
ii. A placard must be displayed in a conspicuous place on the
outside of the entrance door to the OFCR compartment, and that requires
the compartment door to be closed and locked when it is not occupied.
iii. Procedures for meeting these requirements must be transmitted
to the operator for incorporation into its training programs and
appropriate operational manuals.
d. For all doors installed in the OFCR compartment, a means must be
provided to prevent anyone from being trapped inside the OFCR
compartment. If a locking mechanism is installed, it must be capable of
being unlocked from the outside without the aid of special tools. The
lock must not prevent opening from the inside of the OFCR compartment
at any time.
3. In addition to the requirements of Sec. 25.562 for seats that
are occupiable during takeoff and landing, and restraint systems, the
OFCR compartment structure must be compatible with the loads imposed by
the seats as a result of the conditions specified in Sec. 25.562(b).
4. At least two emergency evacuation routes must be available for
use by each occupant of the OFCR compartment to
[[Page 81786]]
rapidly evacuate to the main cabin. These evacuation routes must be
able to be closed from the main passenger cabin after evacuation. In
addition:
a. The routes must be located with sufficient separation within the
OFCR compartment to minimize the possibility of an event either inside
or outside of the OFCR compartment rendering both routes inoperative.
Compliance with requirements of Condition 4.a. of these special
conditions may be shown by inspection or by analysis. Regardless of
which method is used, the maximum acceptable distance between OFCR
compartment exits is 60 feet.
Compliance by Inspection
Inspection may be used to show compliance with Condition 4.a. of
these special conditions. An inspection finding that an OFCR
compartment has evacuation routes located so that each occupant of the
seats and berths has an unobstructed route to at least one of the OFCR
compartment exits, regardless of the location of a fire, would be
reason for a finding of compliance. A fire within a berth that only
blocks the occupant of that berth from exiting the berth need not be
considered. Therefore, OFCR compartment exits that are located at
opposite ends (i.e., adjacent to opposite-end walls) of the OFCR
compartment would require no further review or analysis with regard to
exit separation.
Compliance by Analysis
Analysis must show that the OFCR compartment configuration and
interior features allow all occupants of the OFCR compartment to escape
the compartment in the event of a hazard inside or outside of the
compartment. Elements to consider in this evaluation are as follows:
i. Fire inside or outside the OFCR compartment, considered
separately, and the design elements used to reduce the available fuel
for the fire.
ii. Design elements used to reduce fire-ignition sources in the
OFCR compartment.
iii. Distribution and quantity of emergency equipment within the
OFCR compartment.
iv. Structural failure or deformation of components that could
block access to the available evacuation routes (e.g., seats, folding
berths, contents of stowage compartments, etc.).
v. An incapacitated person blocking the evacuation routes.
vi. Any other foreseeable hazard not identified above that could
cause the evacuation routes to be compromised.
Analysis must consider design features affecting access to the
evacuation routes. Possibilities for design components affecting
evacuation that should be considered include, but are not limited to,
seat deformations (reference Sec. Sec. 25.561(d) and 25.562(c)(8)),
seat-back break-over, rigid structure that reduces access from one part
of the compartment to another, and items known to be the cause of
potential hazards. Factors that also should be considered are
availability of emergency equipment to address fire hazards;
availability of communications equipment; supplemental restraint
devices to retain items of mass that, if broken loose, could hinder
evacuation; and load-path isolation between components containing
evacuation routes.
Analysis of fire threats should be used in determining placement of
required fire extinguishers and protective breathing equipment (PBE).
This analysis should consider the possibility of fire in any location
in the OFCR compartment. The location and quantity of PBE equipment and
fire extinguishers should allow occupants located in any approved seats
or berths access to the equipment necessary to fight a fire in the OFCR
compartment.
The intent of this condition is to provide sufficient exit-route
separation. Therefore, the exit-separation analysis described above
should not be used to approve OFCR-compartment exits that have less
physical separation (measured between the centroid of each exit
opening) than the minimums prescribed below, unless compensating
features are identified and submitted to the FAA for evaluation and
approval.
For an OFCR compartment with one exit located near the forward or
aft end of the compartment (as measured by having the centroid of the
exit opening within 20 percent of the forward or aft end of the total
OFCR-compartment length), the exit separation from one exit to the
other should not be less than 50 percent of the total OFCR compartment
length.
For OFCR compartments with neither required OFCR compartment exit
located near the forward or aft end of the compartment (as measured by
not having the centroid of either exit opening within 20 percent of the
forward or aft end of the total OFCR compartment length), the exit
separation from one exit to the other should not be less than 30
percent of the total OFCR-compartment length.
b. The evacuation routes must be designed to minimize the
possibility of blockage, which might result from fire, mechanical or
structural failure, or persons standing below or against the OFCR-
compartment exits. One of the two OFCR-compartment exits should not be
located where normal movement or evacuation by passengers occurs (main
aisle, cross aisle, or galley complex, for example) that would impede
egress from the OFCR compartment. If an evacuation route is in an area
where normal movement or evacuation of passengers occurs, it must be
demonstrated that passengers would not impede egress to the main deck.
If low headroom is at or near the evacuation route, provisions must be
made to prevent or to protect occupants of the OFCR compartment from
head injury. Use of evacuation routes must not depend on any powered
device. If an OFCR-compartment exit is over an area of passenger seats,
a maximum of five passengers may be displaced from their seats
temporarily during the process of evacuating an incapacitated
person(s). If such an evacuation procedure involves the evacuee
stepping on seats, the seats must not be damaged to the extent that
they would not be acceptable for occupancy during an emergency landing.
c. Emergency evacuation procedures, including procedures for
emergency evacuation of an incapacitated occupant from the OFCR
compartment, must be established. The applicant must transmit all of
these procedures to the operator for incorporation into its training
programs and appropriate operational manuals.
d. A limitation must be included in the airplane flight manual or
other suitable means to require that crewmembers are trained in the use
of the OFCR-compartment evacuation routes. This training must instruct
crew to ensure that the OFCR compartment (including seats, doors, etc.)
is in its proper TT&L configuration during TT&L.
e. In the event no flight attendant is present in the area around
the door to the OFCR compartment, and also during an emergency,
including an emergency evacuation, a means must be available to prevent
passengers on the main deck from entering the OFCR compartment.
f. Doors or hatches separating the OFCR compartment from the main
deck must not adversely affect evacuation of occupants on the main deck
(slowing evacuation by encroaching into aisles, for example) or cause
injury to those occupants during opening or while opened.
g. The means of opening doors and hatches to the OFCR compartment
must be simple and obvious. The OFCR compartment doors and hatches must
be
[[Page 81787]]
able to be closed from the main passenger cabin.
5. A means must be available for evacuating an incapacitated
person, representative of a 95th percentile male, from the OFCR
compartment to the passenger cabin floor. Such an evacuation must be
demonstrated for all evacuation routes. A crewmember (a total of one
assistant within the OFCR compartment) may provide assistance in the
evacuation. Additional assistance may be provided by up to three
persons in the main passenger compartment. These additional assistants
must be standing on the floor while providing assistance. For
evacuation routes with stairways, the additional assistants may ascend
up to one half the elevation change from the main deck to the OFCR
compartment, or to the first landing, whichever is lower.
6. The following signs and placards must be provided in the OFCR
compartment and they must meet the following criteria:
a. At least one exit sign, located near each OFCR compartment exit,
meeting the emergency lighting requirements of Sec. 25.812(b)(1)(i).
One allowable exception would be a sign with reduced background area of
no less than 5.3 square inches (excluding the letters), provided that
it is installed so that the material surrounding the exit sign is light
in color (white, cream, light beige, for example). If the material
surrounding the exit sign is not light in color, a sign with a minimum
of a one-inch-wide background border around the letters would be
acceptable. Another allowable exception is a sign with a symbol that
the FAA has determined to be equivalent for use as an exit sign in an
OFCR compartment.
b. An appropriate placard located conspicuously on or near each
OFCR-compartment door or hatch that defines the location and the
operating instructions for access to and operation of the door or
hatch.
c. Placards must be readable from a distance of 30 inches under
emergency lighting conditions.
d. The door or hatch handles, and operating-instruction placards
required by Condition 6.b. of these special conditions, must be
illuminated to at least 160 microlamberts under emergency lighting
conditions.
7. A means must be available, in the event of failure of the
airplane main power system, or of the normal OFCR-compartment lighting
system, for emergency illumination to be automatically provided for the
OFCR compartment.
a. This emergency illumination must be powered independently of the
main lighting system.
b. The sources of general cabin illumination may be common to both
the emergency and the main lighting systems if the power supply to the
emergency lighting system is independent of the power supply to the
main lighting system.
c. The illumination level must be sufficient to allow occupants of
the OFCR compartment to locate and move to the main passenger cabin
floor by means of each evacuation route.
d. The illumination level must be sufficient, with the privacy
curtains in the closed position, for each occupant of the OFCR
compartment to locate a deployed oxygen mask.
8. A means must be available for two-way voice communications
between crewmembers on the flight deck and occupants of the OFCR
compartment. Two-way communications must also be available between
occupants of the OFCR compartment and each flight attendant station in
the passenger cabin that is required, per Sec. 25.1423(g), to have a
public-address-system microphone. In addition, the public-address
system must include provisions to provide only the relevant information
to the crewmembers in the OFCR compartment (e.g., fire in flight,
aircraft depressurization, preparation of the compartment for landing,
etc.). That is, provisions must be made so that occupants of the OFCR
compartment will not be disturbed with normal, non-emergency
announcements made to the passenger cabin.
9. A means must be available for manual activation of an aural
emergency-alarm system, audible during normal and emergency conditions,
to enable crewmembers on the flight deck and at each pair of required
floor-level emergency exits to alert occupants of the OFCR compartment
of an emergency situation. Use of a public address or crew interphone
system will be acceptable, provided an adequate means of
differentiating between normal and emergency communications is
incorporated. The system must be powered in flight, after the shutdown
or failure of all engines and auxiliary power units, for a period of at
least ten minutes.
10. A means, readily detectable by seated or standing occupants of
the OFCR compartment, must be in place to indicate when seat belts
should be fastened. Seatbelt-type restraints must be provided for
berths and must be compatible with the sleeping position during cruise
conditions. A placard on each berth must require that these restraints
be fastened when occupied. If compliance with any of the other
requirements of these special conditions is predicated on specific head
position, a placard must identify that head position.
11. Protective breathing equipment must be provided in accordance
with Sec. 25.1439, except that in lieu of a device for each
crewmember, the following must be provided: Two PBE devices approved to
Technical Standard Order (TSO)-C116 or equivalent, suitable for
firefighting, or one PBE for each hand-held fire extinguisher,
whichever is greater. The following equipment must also be provided in
the OFCR compartment:
a. At least one approved hand-held fire extinguisher appropriate
for the kinds of fires likely to occur.
b. One flashlight.
Note: Additional PBE devices and fire extinguishers in specific
locations, beyond the minimum numbers prescribed in Condition 11 of
these special conditions, may be required as a result of the egress
analysis accomplished to satisfy Condition 4.a. of these special
conditions.
12. A smoke- or fire-detection system (or systems) must be provided
that monitors each occupiable space within the OFCR compartment,
including those areas partitioned by curtains or doors. Flight tests
must be conducted to show compliance with this requirement. If a fire
occurs, each system (or systems) must provide:
a. A visual indication to the flight deck within one minute after
the start of a fire.
b. An aural warning in the OFCR compartment.
c. A warning in the main passenger cabin. This warning must be
readily detectable by a flight attendant, taking into consideration the
locations of flight attendants throughout the main passenger
compartment during various phases of flight.
13. A means to fight a fire must be provided. This can be either a
built-in extinguishing system or a manual, hand-held extinguishing
system.
a. For a built-in extinguishing system:
i. The system must have adequate capacity to suppress a fire
considering the fire threat, volume of the compartment, and the
ventilation rate. The system must have sufficient extinguishing agent
to provide an initial knockdown and suppression environment per the
minimum performance standards that have been established for the agent
being used. In addition, certification flight testing will verify the
acceptable duration that the
[[Page 81788]]
suppression environment can be maintained.
ii. If the capacity of the extinguishing system does not provide
effective fire suppression that will last for the duration of flight
from the farthest point in route to the nearest suitable landing site
expected in service, an additional manual firefighting procedure must
be established. For the built-in extinguishing system, the time
duration for effective fire suppression must be established and
documented in the firefighting procedures in the airplane flight
manual. If the duration of time for demonstrated effective fire
suppression provided by the built-in extinguishing agent will be
exceeded, the firefighting procedures must instruct the crew to:
1. Enter the OFCR compartment at the time that demonstrated fire
suppression effectiveness will be exceeded.
2. Check for and extinguish any residual fire.
3. Confirm that the fire is out.
b. For a manual, hand-held extinguishing system (designed as the
sole means to fight a fire or to supplement a built-in extinguishing
system of limited suppression duration) for the OFCR compartment:
i. A limitation must be included in the airplane flight manual or
other suitable means requiring that crewmembers be trained in the
firefighting procedures.
ii. The OFCR compartment design must allow crewmembers equipped for
firefighting to have unrestricted access to all parts of the OFCR
compartment.
iii. The time for a crewmember on the main deck to react to the
fire alarm, don the firefighting equipment, and gain access to the OFCR
compartment must not exceed the time it would take for the compartment
to become filled with smoke, thus making it difficult to locate the
fire source.
iv. Approved procedures describing methods for searching the OFCR
compartment for fire source(s) must be established. These procedures
must be transmitted to the operator for incorporation into its training
programs and appropriate operational manuals.
14. A means must be provided to prevent hazardous quantities of
smoke or extinguishing agent originating in the OFCR compartment from
entering any other occupiable compartment.
a. Small quantities of smoke may penetrate from the OFCR
compartment into other occupied areas during the one-minute smoke-
detection time.
b. A provision in the firefighting procedures must ensure that all
doors and hatches at the OFCR compartment are closed after evacuation
of the compartment and during firefighting to minimize smoke and
extinguishing agent entering other occupiable compartments.
c. All smoke entering any occupiable compartment when access to the
OFCR compartment is open for evacuation must dissipate within five
minutes after the access to the OFCR compartment is closed.
d. Hazardous quantities of smoke may not enter any occupied
compartment during access to manually fight a fire in the OFCR
compartment. The amount of smoke entrained by a firefighter exiting the
OFCR compartment is not considered hazardous.
e. Flight tests must be conducted to show compliance with this
requirement.
15. A supplemental oxygen system within the OFCR compartment must
provide the following:
a. At least one mask for each seat and berth in the OFCR
compartment.
b. If a destination area (such as a changing area) is provided in
the OFCR compartment, an oxygen mask must be readily available for each
occupant who can reasonably be expected to be in the destination area
(with the maximum number of required masks within the destination area
being limited to the placarded maximum occupancy of the OFCR
compartment).
c. An oxygen mask must be readily accessible to each occupant who
can reasonably be expected to be moving from the main cabin into the
OFCR compartment, moving around within the OFCR compartment, or moving
from the OFCR compartment to the main cabin.
d. The system must provide an aural and visual alert to warn
occupants of the OFCR compartment to don oxygen masks in the event of
decompression. The aural and visual alerts must activate concurrently
with deployment of the oxygen masks in the passenger cabin. To
compensate for sleeping occupants, the aural alert must be heard in
each section of the OFCR compartment and must sound continuously for a
minimum of 5 minutes or until a reset switch within the OFCR
compartment is activated. A visual alert that informs occupants that
they must don an oxygen mask must be visible in each section.
e. A means must be in place by which oxygen masks can be manually
deployed from the flight deck.
f. Approved procedures must be established for OFCR occupants in
the event of decompression. These procedures must be transmitted to the
operator for incorporation into its training programs and appropriate
operational manuals.
g. The supplemental oxygen system for the OFCR compartment must
meet the same 14 CFR part 25 regulations as the supplemental oxygen
system for the passenger cabin occupants, except for the 10 percent
additional masks requirement of 14 CFR 25.1447(c)(1).
h. The illumination level of the normal OFCR-compartment lighting
system must automatically be sufficient for each occupant of the
compartment to locate a deployed oxygen mask.
16. The following additional requirements apply to OFCR
compartments that are divided into several sections by the installation
of curtains or partitions:
a. A placard is required adjacent to each curtain that visually
divides or separates, for example, for privacy purposes, the OFCR
compartment into multiple sections. The placard must require that the
curtain(s) remains open when the section it creates is unoccupied. The
vestibule section adjacent to the stairway is not considered a private
section and, therefore, does not require a placard.
b. For each section of the OFCR compartment created by the
installation of a curtain, the following requirements of these special
conditions must be met with the curtain open or closed:
i. No-smoking placard requirement (Condition 1).
ii. Emergency illumination requirement (Condition 7).
iii. Emergency alarm-system requirement (Condition 9).
iv. Seatbelt-fasten signal or return-to-seat signal as applicable
requirement (Condition 10).
v. Smoke- or fire-detection system requirement (Condition 12).
vi. Oxygen-system requirement (Condition 15).
c. OFCR compartments that are visually divided to the extent that
evacuation could be adversely affected must have exit signs directing
occupants to the exit at the primary stairway. The exit signs must be
provided in each separate section of the OFCR compartment, except for
curtained bunks, and must meet requirements of Sec. 25.812(b)(1)(i).
An exit sign with reduced background area or a symbolic exit sign, as
described in Condition 6.a. of these special conditions, may be used to
meet this requirement.
d. For sections within an OFCR compartment created by the
installation of a rigid partition with a door separating the sections,
the following requirements of these special conditions must be met with
the door open or closed:
i. A secondary evacuation route from each section to the main deck,
or the applicant must show that any door between the sections precludes
anyone
[[Page 81789]]
from being trapped inside a section of the compartment. Removal of an
incapacitated occupant from within this area must be considered. A
secondary evacuation route from a small room designed for only one
occupant for a short time duration, such as a changing area or
lavatory, is not required, but removal of an incapacitated occupant
from within such a small room must be considered.
ii. Any door between the sections must be shown to be openable when
crowded against, even when crowding occurs at each side of the door.
iii. No more than one door may be located between any seat or berth
and the primary stairway door.
iv. In each section, exit signs meeting requirements of Sec.
25.812(b)(1)(i), or shown to have an equivalent level of safety, must
direct occupants to the exit at the primary stairway. An exit sign with
reduced background area or a symbolic exit sign, as described in
Condition 6.a. of these special conditions, may be used to meet this
requirement.
v. Conditions 1 (no-smoking placards), 7 (emergency illumination),
9 (emergency alarm system), 10 (fasten-seatbelt signal or return-to-
seat signal as applicable), 12 (smoke- or fire-detection system), and
15 (oxygen system) must be met with the OFCR compartment door open or
closed.
vi. Conditions 8 (two-way voice communication) and 11 (emergency
firefighting and protective equipment) must be met independently for
each separate section, except for lavatories or other small areas that
are not intended to be occupied for extended periods of time.
17. If a waste-disposal receptacle is fitted in the OFCR
compartment, it must be equipped with an automatic fire extinguisher
that meets the performance requirements of Sec. 25.854(b).
18. Materials (including finishes or decorative surfaces applied to
the materials) must comply with the requirements of Sec. 25.853 as
amended by Amendment 25-116. Seat cushions and mattresses must comply
with the requirements of Sec. 25.853(c) as amended by Amendment 25-
116, and the test requirements of part 25, appendix F, part II, or
other equivalent methods.
19. The addition of a lavatory within the OFCR compartment would
require the lavatory to meet the same requirements as those for a
lavatory installed on the main deck, except with regard to Condition 12
of these special conditions for smoke detection.
20. Each stowage compartment in the OFCR compartment, except for
underseat compartments for occupant convenience, must be completely
enclosed. All enclosed stowage compartments within the OFCR compartment
that are not limited to stowage of emergency equipment or airplane-
supplied equipment (i.e., bedding) must meet the design criteria
described in the table below. Enclosed stowage compartments greater
than 200 ft.\3\ in interior volume are not addressed by this special
condition. The in-flight accessibility of very large, enclosed stowage
compartments, and the subsequent impact on the crewmembers' ability to
effectively reach any part of the compartment with the contents of a
hand-held fire-extinguishing system, will require additional fire-
protection considerations similar to those required for inaccessible
compartments such as Class C cargo compartments.
Design Criteria for Enclosed Stowage Compartments Not Limited to Stowage of Emergency or Airplane-Supplied Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicability of fire protection requirements by interior volume
Fire protection features --------------------------------------------------------------------------------------------------------------------
Less than 25 cu. ft. 25 cu. ft. to less than 57 cu. ft. 57 cu. ft. to 200 cu. ft.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliant Materials of Construction Yes.................................. Yes.................................. Yes.
\1\.
Smoke or Fire Detectors \2\........ No................................... Yes.................................. Yes.
Liner \3\.......................... No................................... Conditional.......................... Yes.
Fire Location Detect \4\........... No................................... Yes.................................. Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Compliant Materials of Construction: The material used in constructing each enclosed stowage compartment must at least be fire resistant and must
meet the flammability standards established for interior components (i.e., 14 CFR part 25 Appendix F, Parts I, IV, and V) per the requirements of Sec.
25.853. For compartments less than 25 ft.\3\ in interior volume, the design must ensure the ability to contain a fire likely to occur within the
compartment under normal use.
\2\ Smoke or Fire Detectors: Enclosed stowage compartments equal to or exceeding 25 ft.\3\ in interior volume must be provided with a smoke- or fire-
detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this
requirement. Each system (or systems) must provide:
(a) A visual indication in the flight deck within one minute after the start of a fire.
(b) An aural warning in the OFCR compartment.
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the locations of
flight attendants throughout the main passenger compartment during various phases of flight.
\3\ Liner: If material used in constructing the stowage compartment can be shown to meet the flammability requirements of a liner for a Class B cargo
compartment (i.e., Sec. 25.855 at Amendment 25-116, and Appendix F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed
stowage compartments equal to or greater than 25 ft.\3\ but less than 57 ft.\3\ in interior volume. For all enclosed stowage compartments equal to or
greater than 57 ft.\3\ in interior volume but less than or equal to 200 ft.\3\, a liner must be provided that meets the requirements of Sec. 25.855
for a Class B cargo compartment.
\4\ Fire Location Detector: If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.\3\ interior volume that are located separately
from the other stowage compartments (located, for example, away from one central location, such as the entry to the OFCR compartment or a common area
within the OFCR compartment, where the other stowage compartments are), that OFCR compartment would require additional fire-protection features and/or
devices to assist the firefighter in determining the location of a fire.
[[Page 81790]]
Issued in Des Moines, Washington, on December 4, 2020.
James E. Wilborn,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2020-27107 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-13-P