Special Conditions: TC Inter-Informatics A.S., Airbus Model A330-243 Airplane; Single-Occupant, Oblique (Side-Facing) Seats With Inflatable Lapbelts, 7799-7802 [2021-02139]
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on January 27,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–02035 Filed 2–1–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 1061
RIN 1990–AA50
Procedures for the Issuance of
Guidance Documents
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; delay of effective
date.
AGENCY:
This document delays the
effective date of a recently published
final rule establishing procedures for the
issuance of Department of Energy
guidance documents. DOE also seeks
comment on any further delay of the
effective date, including the impacts of
such delay, as well comment on the
legal, factual, or policy issues raised by
the rule.
DATES: The effective date of the final
rule published January 6, 2021, at 86 FR
451, is delayed to March 21, 2021.
Written comments and information will
be accepted on or before March 4, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Ring, U.S. Department of
Energy, Office of the General Counsel,
Forrestal Building, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585, (202) 586–2555, Email:
Guidance@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On
January 20, 2021, the Assistant to the
President and Chief of Staff (‘‘Chief of
Staff’’) issued a memorandum outlining
the President’s plan for managing the
Federal regulatory process at the outset
of the new Administration. In
implementation of one of the measures
directed by that memorandum, the
United States Department of Energy
(‘‘DOE’’) hereby temporarily postpones
the effective date of its final rule
establishing procedures for the issuance
of DOE guidance documents published
in the Federal Register on January 6,
2021 (86 FR 451). The January 6, 2021
rule implemented Executive Order
13891, ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents’’ (84 FR 55235), which,
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SUMMARY:
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among other things, required agencies to
provide more transparency for their
guidance documents by creating a
searchable online database for current
guidance documents, and by
establishing procedures to allow the
public to comment on significant
guidance documents and to petition the
agency to withdraw or modify guidance
documents. Consistent with the
memorandum, DOE is temporarily
postponing the effective date of the final
rule by 60 days, starting from January
20, 2021. The temporary 60-day delay in
the effective date is necessary to give
DOE officials the opportunity for further
review and consideration of new
regulations, consistent with the Chief of
Staff’s memorandum of January 20,
2021.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, DOE’s
implementation of this action without
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effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 5 U.S.C. 553(d)(3).
Pursuant to 5 U.S.C. 553(b)(B), DOE has
determined that good cause exists to
forego the requirement to provide prior
notice and an opportunity for public
comment thereon for this rule as such
procedures would be impracticable,
unnecessary and contrary to the public
interest. DOE is temporarily postponing
for 60 days the effective date of this
regulation pursuant to the previouslynoted memorandum of the Chief of Staff
and is exercising no discretion in
implementing this specific provision of
the memorandum. As a result, seeking
public comment on this delay is
unnecessary and contrary to the public
interest. For these same reasons, DOE
finds good cause to waive the 30-day
delay in effective date provided for in 5
U.S.C. 553(d). DOE is, however, seeking
comment on any further delay of the
effective date, including the impacts of
such delay, as well comment on the
legal, factual, or policy issues raised by
the rule.
Signing Authority
This document of the Department of
Energy was signed on January 26, 2021,
by John T. Lucas, Acting General
Counsel, Office of the General Counsel,
pursuant to delegated authority from the
Acting Secretary of Energy. That
document with the original signature
and date is maintained by DOE. For
administrative purposes only, and in
compliance with requirements of the
Office of the Federal Register, the
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7799
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on January 27,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–02036 Filed 2–1–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2020–0476; Special
Conditions No. 25–780–SC]
Special Conditions: TC InterInformatics A.S., Airbus Model A330–
243 Airplane; Single-Occupant,
Oblique (Side-Facing) Seats With
Inflatable Lapbelts
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
SUMMARY: These special conditions are
issued for the Airbus Model A330–243
series airplane. This airplane, as
modified by TC Inter-Informatics A.S.
(TC Inter-Informatics), 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 singleoccupant, oblique B/E Aerospace Super
Diamond seats, equipped with inflatable
lapbelts. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on TC
Inter-Informatics on February 2, 2021.
Send comments on or before March 19,
2021.
ADDRESSES: Send comments identified
by Docket No. FAA–2020–0476 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
• Privacy: Except for Confidential
Business Information (CBI) as described
in the following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received without change, to https://
www.regulations.gov/, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about this proposal.
• Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to this Notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
Notice, it is important that you clearly
designate the submitted comments as
CBI. Please mark each page of your
submission containing CBI as
‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and the indicated
comments will not be placed in the
public docket of this Notice. Send
submissions containing CBI to the
person indicated in the Contact section
below. Comments the FAA receives,
which are not specifically designated as
CBI, will be placed in the public docket
for this rulemaking.
• Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, Airframe and Cabin
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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 206–231–3215; email
alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
previously has been published in the
Federal Register for public comment.
These special conditions have been
derived without substantive change
from those previously issued. It is
unlikely that prior public comment
would result in a significant change
from the substance contained herein.
Therefore, the FAA has determined that
prior public notice and comment are
unnecessary, and finds that, for the
same reason, good cause exists for
adopting these special conditions upon
publication in the Federal Register.
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
The FAA will consider all comments
received by the closing date for
comments. The FAA may change these
special conditions based on the
comments received.
Background
On March 21, 2017, TC InterInformatics applied for a supplemental
type certificate to install B/E Aerospace
Super Diamond specific Model 1031301
seats, equipped with inflatable restraint
systems, at oblique angles of 27.25 and
30 degrees to the longitudinal centerline
on Airbus Model A330–243 airplanes.
The Airbus Model A330–243 airplane,
which is a derivative of the Airbus
Model A330 airplane currently
approved under Type Certificate No.
A46NM, is a twin-engine, transportcategory airplane with a maximum
takeoff weight of 507,063 pounds and
seating for 375 passengers.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
TC Inter-Informatics must show that the
Airbus Model A330–243 airplane, as
changed, continues to meet the
applicable provisions of the regulations
listed in Type Certificate No. A46NM or
the applicable regulations in effect on
the date of application for the change,
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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 Airbus Model A330–243 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 applicant apply
for a supplemental type certificate to
modify any other model included on the
same type certificate 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 Airbus Model A330–243
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 Airbus Model A330–243 airplane,
as modified by TC Inter-Informatics,
will incorporate the following novel or
unusual design feature:
Single-occupant, oblique seats
equipped with inflatable lapbelts.
Discussion
Amendment 25–15 to part 25, dated
October 24, 1967, introduced the subject
of side-facing seats, and a requirement
that each occupant in a side-facing seat
must be protected from head injury by
a safety belt and a cushioned rest that
will support the arms, shoulders, head,
and spine.
Subsequently, amendment 25–20,
dated April 23, 1969, clarified the
definition of side-facing seats to require
that each occupant of a seat, positioned
at more than an 18-degree angle to the
vertical plane of the airplane
longitudinal centerline, must be
protected from head injury by a safety
belt and an energy-absorbing rest that
will support the arms, shoulders, head,
and spine; or by a safety belt and
shoulder harness that will prevent the
head from contacting any injurious
object. The FAA concluded that an 18degree angle would provide an adequate
level of safety based on tests that were
performed at that time, and thus
adopted that standard.
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
Part 25 was amended June 16, 1988,
by amendment 25–64, to revise the
emergency-landing conditions that must
be considered in the design of the
airplane. Amendment 25–64 revised the
static-load conditions in 14 CFR 25.561,
and added the new § 25.562 that
requires dynamic testing for all seats
approved for occupancy during takeoff
and landing. The intent of amendment
25–64 is to provide an improved level
of safety for occupants on transportcategory airplanes. Because most seating
is forward-facing on transport-category
airplanes, the pass/fail criteria
developed in amendment 25–64 focused
primarily on these seats. As a result, the
FAA issued Policy Memorandums
ANM–03–115–30 and PS–ANM–100–
2000–00123 to provide the additional
guidance necessary to demonstrate the
level of safety required by the
regulations for side-facing seats.
To reflect current research findings,
the FAA issued PS–ANM–25–03–R1,
‘‘Technical Criteria for Approving SideFacing Seats,’’ November 5, 2012, which
updates injury criteria for fully sidefacing seats. This policy statement was
issued to define revised injury criteria
associated with neck and leg injuries.
The proposed Airbus Model A330–
243 airplane, with an oblique seating
configuration by TC Inter-Informatics, is
novel such that the Airbus Model A330–
243 airplane certification basis does not
adequately address protection of the
occupant’s neck and spine for seat
configurations that are positioned at an
angle greater than 18 degrees from the
airplane centerline. Therefore, the TC
Inter-Informatics proposed
configuration requires new special
conditions.
These special conditions will provide
head-injury criteria, neck-injury criteria,
spine-injury criteria, and body-to-wall
contact criteria. They contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
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Applicability
These special conditions are
applicable to Airbus Model A330–243
airplanes with B/E Aerospace Super
Diamond business class seats installed,
per TC Inter-Informatics project-specific
certification plan JD–45AC01–1. Should
TC Inter-Informatics apply at a later date
for a supplemental type certificate to
modify any other model included on
Type Certificate No. A46NM to
incorporate the same novel or unusual
design feature, these special conditions
would apply to that model as well.
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Conclusion
This action affects only a certain
novel or unusual design feature on one
model of airplane. It is not a rule of
general applicability, and affects only
the applicant who applied to the FAA
for approval of this feature on the
airplane.
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 Airbus Model
A330–243 airplanes as modified by TC
Inter-Informatics.
Single-Occupant, Oblique (Side-Facing)
Seats Special Conditions
1. Existing Criteria
All injury protection criteria of
§ 25.562(c)(1) through (c)(6) apply to the
occupant of an oblique (side-facing)
seat. Head-injury criterion (HIC)
assessments are only required for head
contact with the seat and adjacent
structures. If the ATD has no apparent
contact with a seat or structure, but does
have contact with an inflatable restraint,
the HIC15 score for that contact must be
less than 700.
2. Body-to-Wall/Furnishing Contact
Criteria
If an oblique seat is installed aft of
structure (e.g., an interior wall or
furnishing) that does not provide a
homogenous contact surface for the
expected range of occupants and yaw
angles, then additional analysis or tests
may be required to demonstrate that the
injury criteria are met for the area which
an occupant could contact. For example,
if different yaw angles could result in
different inflatable-restraint
performance, then additional analysis or
separate tests may be necessary to
evaluate performance.
3. Neck-Injury Criteria
The seating system must protect the
occupant from experiencing serious
neck injury. The assessment of neck
injury must be conducted with the
inflatable restraint activated, unless
there is reason to also consider that the
neck-injury potential would be higher
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7801
below the inflatable restraint threshold.
If so, additional tests may be required.
a. The Nij (calculated in accordance
with 49 CFR 571.208) must be below
1.0, where Nij = Fz/Fzc + My/Myc, and Nij
intercepts limited to:
i. Fzc = 1530 lb. for tension
ii. Fzc = 1385 lb. for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below
937 lb. in tension and 899 lb. in
compression.
c. Rotation of the head about its
vertical axis relative to the torso is
limited to 105 degrees in either
direction from forward-facing.
d. The neck must not impact any
surface.
4. Spine and Torso Injury Criteria
a. The shoulders must remain aligned
with the hips throughout the impact
sequence, or support for the upper torso
must be provided to prevent forward or
lateral flailing beyond 45 degrees from
the vertical during significant spinal
loading.
b. Significant concentrated loading on
the occupant’s spine, in the area
between the pelvis and shoulders
during impact, including rebound, is
not acceptable.
c. Occupant must not interact with
the armrest or other seat components in
any manner significantly different than
would be expected for a forward-facing
seat installation.
5. Longitudinal Tests
These must be performed, as
necessary, with the Hybrid III ATD,
undeformed floor, most critical yaw
cases for injury, and with all lateral
structural supports (armrests and walls)
installed. For the pass/fail injury
assessments, see the criteria listed in
special conditions 1 through 4, above.
Note: TC Inter-Informatics A.S. must
demonstrate that the installation of seats via
plinths or pallets meets all applicable
requirements. Compliance with the guidance
contained in FAA Policy Memorandum PS–
ANM–100–2000–00123, dated February 2,
2000, titled ‘‘Guidance for Demonstrating
Compliance with Seat Dynamic Testing for
Plinths and Pallets,’’ is acceptable to the
FAA.
Inflatable Lapbelt Conditions
If inflatable lapbelts are installed on
single-place side-facing seats, the
inflatable lapbelts must meet the
requirements of Special Conditions No.
25–395–SC.
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations
Issued in Des Moines, Washington, on
January 27, 2021.
Suzanne Masterson,
Manager, Transport Airplane Strategic Policy
Section, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2021–02139 Filed 2–1–21; 8:45 am]
BILLING CODE 4910–13–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 143
RIN 3038–AE97
Annual Adjustment of Civil Monetary
Penalties To Reflect Inflation—2021
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
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SUMMARY: The Commodity Futures
Trading Commission (Commission) is
amending its rule that governs the
maximum amount of civil monetary
penalties imposed under the
Commodity Exchange Act (CEA), to
adjust for inflation. This rule sets forth
the maximum, inflation-adjusted dollar
amount for civil monetary penalties
(CMPs) assessable for violations of the
CEA and Commission rules, regulations
and orders thereunder. The rule, as
amended, implements the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended.
DATES: This rule is effective on February
2, 2021 and is applicable to penalties
assessed after January 15, 2021.
FOR FURTHER INFORMATION CONTACT:
Edward J. Riccobene, Associate Chief
Counsel, Division of Enforcement, at
(202) 418–5327 or ericcobene@cftc.gov,
Commodity Futures Trading
Commission, 1155 21st Street NW,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
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I. Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA) 1
requires the head of each Federal agency
to periodically adjust for inflation the
minimum and maximum amount of
CMPs provided by law within the
jurisdiction of that agency.2 A 2015
amendment to the FCPIAA 3 required
agencies to make an initial ‘‘catch-up’’
adjustment to its civil monetary
penalties effective no later than August
1, 2016.4 For every year thereafter
effective not later than January 15th, the
FCPIAA, as amended, requires agencies
to make annual adjustments for
inflation, with guidance from the
Director of the Office of Management
and Budget.5
II. Commodity Exchange Act Civil
Monetary Penalties
The following sections of the CEA
provide for CMPs that meet the FCPIAA
definition 6 and these CMPs are,
1 The FCPIAA, Public Law 101–410 (1990), as
amended, is codified at 28 U.S.C. 2461 note. The
FCPIAA states that the purpose of the FCPIAA is
to establish a mechanism that shall (1) allow for
regular adjustment for inflation of civil monetary
penalties; (2) maintain the deterrent effect of civil
monetary penalties and promote compliance with
the law; and (3) improve the collection by the
Federal Government of civil monetary penalties.
2 For the relevant CMPs within the Commission’s
jurisdiction, the Act provides only for maximum
amounts that can be assessed for each violation of
the Act or the rules, regulations and orders
promulgated thereunder; the Act does not set forth
any minimum penalties. Therefore, the remainder
of this release will refer only to CMP maximums.
3 Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Public Law 114–74, 129
Stat. 584 (2015) (2015 Act), title VII, Section 701.
4 FCPIAA Sections 4 and 5. See also, Adjustment
of Civil Monetary Penalties for Inflation, 81 FR
41435 (June 27, 2016).
5 FCPIAA Sections 4 and 5. See also, Executive
Office of the President, Office of Management and
Budget Memorandum, M–21–10, Implementation of
Penalty Inflation Adjustments for 2021, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 23, 2020) (2020
OMB Guidance) (https://www.whitehouse.gov/wpcontent/uploads/2020/12/M-21-10.pdf).
6 FCPIAA Section 3(2).
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therefore, subject to the inflation
adjustment: Sections 6(c), 6b, and 6c of
the CEA.7
III. Annual Inflation Adjustment for
Commodity Exchange Act Civil
Monetary Penalties
A. Methodology
The FCPIAA annual inflation
adjustment, in the context of the CFTC’s
CMPs, is determined by increasing the
maximum penalty by a ‘‘cost-of-living
adjustment’’ rounded to the nearest
multiple of one dollar.8 Annual
inflation adjustments are based on the
percent change between the October
Consumer Price Index for all Urban
Consumers (CPI–U) preceding the date
of the adjustment, and the prior year’s
October CPI–U.9 In this case, the
October 2020 CPI–U (260.388)/October
2019 CPI–U (257.346) = 1.01182.10 In
order to complete the 2021 annual
adjustment, the CFTC must multiply
each of its most recent CMP amounts by
the multiplier, 1.01182, and round to
the nearest dollar.11
B. Civil Monetary Penalty Adjustments
Applying the FCPIAA annual
inflation adjustment methodology
results in the following amended CMPs:
7 7 U.S.C. 9, 13a–1, 13b. Criminal authorities may
also seek fines for criminal violations of the CEA
(see 7 U.S.C. 13, 13(c), 13(d), 13(e), and 13b). The
FCPIA does not affect the amounts of these criminal
penalties.
8 FCPIAA Sections 4 and 5.
9 FCPIAA Section 5(b)(1).
10 The CPI–U is published by the Department of
Labor. Interested parties may find the relevant
Consumer Price Index on the internet. To access
this information, go to the Consumer Price Index
Home Page at: https://www.bls.gov/cpi/. Click the
‘‘CPI Data/Databases’’ heading, and select ‘‘All
Urban Consumers (Current Series)’’, ‘‘Top Picks.’’
Then check the box for ‘‘U.S. city average, All
items—CUUR0000SA0’’, and click the ‘‘Retrieve
data’’ button.
11 FCPIAA Section 5(a). See also, 2020 OMB
Guidance at 3.
12 Annual Adjustment of Civil Monetary Penalties
to Reflect Inflation—2020, 85 FR 1747 (Jan. 13,
2020).
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]]>Agencies
[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Pages 7799-7802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02139]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2020-0476; Special Conditions No. 25-780-SC]
Special Conditions: TC Inter-Informatics A.S., Airbus Model A330-
243 Airplane; Single-Occupant, Oblique (Side-Facing) Seats With
Inflatable Lapbelts
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Airbus Model A330-
243 series airplane. This airplane, as modified by TC Inter-Informatics
A.S. (TC Inter-Informatics), 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 single-occupant, oblique B/E Aerospace Super Diamond seats,
equipped with inflatable lapbelts. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on TC Inter-Informatics on February 2,
2021. Send comments on or before March 19, 2021.
ADDRESSES: Send comments identified by Docket No. FAA-2020-0476 using
any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow
[[Page 7800]]
the online instructions for sending your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: Except for Confidential Business Information
(CBI) as described in the following paragraph, and other information as
described in 14 CFR 11.35, the FAA will post all comments received
without change, to https://www.regulations.gov/, including any personal
information you provide. The FAA will also post a report summarizing
each substantive verbal contact received about this proposal.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this Notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this Notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and the indicated comments
will not be placed in the public docket of this Notice. Send
submissions containing CBI to the person indicated in the Contact
section below. Comments the FAA receives, which are not specifically
designated as CBI, will be placed in the public docket for this
rulemaking.
Docket: Background documents or comments received may be
read at https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Alan Sinclair, Airframe and Cabin
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 206-231-3215; email [email protected].
SUPPLEMENTARY INFORMATION: The substance of these special conditions
previously has been published in the Federal Register for public
comment. These special conditions have been derived without substantive
change from those previously issued. It is unlikely that prior public
comment would result in a significant change from the substance
contained herein. Therefore, the FAA has determined that prior public
notice and comment are unnecessary, and finds that, for the same
reason, good cause exists for adopting these special conditions upon
publication in the Federal Register.
Comments Invited
The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.
Background
On March 21, 2017, TC Inter-Informatics applied for a supplemental
type certificate to install B/E Aerospace Super Diamond specific Model
1031301 seats, equipped with inflatable restraint systems, at oblique
angles of 27.25 and 30 degrees to the longitudinal centerline on Airbus
Model A330-243 airplanes. The Airbus Model A330-243 airplane, which is
a derivative of the Airbus Model A330 airplane currently approved under
Type Certificate No. A46NM, is a twin-engine, transport-category
airplane with a maximum takeoff weight of 507,063 pounds and seating
for 375 passengers.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, TC Inter-Informatics must show that the Airbus Model A330-
243 airplane, as changed, continues to meet the applicable provisions
of the regulations listed in Type Certificate No. A46NM 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 Airbus Model A330-243 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 applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate 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 Airbus Model A330-243 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 Airbus Model A330-243 airplane, as modified by TC Inter-
Informatics, will incorporate the following novel or unusual design
feature:
Single-occupant, oblique seats equipped with inflatable lapbelts.
Discussion
Amendment 25-15 to part 25, dated October 24, 1967, introduced the
subject of side-facing seats, and a requirement that each occupant in a
side-facing seat must be protected from head injury by a safety belt
and a cushioned rest that will support the arms, shoulders, head, and
spine.
Subsequently, amendment 25-20, dated April 23, 1969, clarified the
definition of side-facing seats to require that each occupant of a
seat, positioned at more than an 18-degree angle to the vertical plane
of the airplane longitudinal centerline, must be protected from head
injury by a safety belt and an energy-absorbing rest that will support
the arms, shoulders, head, and spine; or by a safety belt and shoulder
harness that will prevent the head from contacting any injurious
object. The FAA concluded that an 18-degree angle would provide an
adequate level of safety based on tests that were performed at that
time, and thus adopted that standard.
[[Page 7801]]
Part 25 was amended June 16, 1988, by amendment 25-64, to revise
the emergency-landing conditions that must be considered in the design
of the airplane. Amendment 25-64 revised the static-load conditions in
14 CFR 25.561, and added the new Sec. 25.562 that requires dynamic
testing for all seats approved for occupancy during takeoff and
landing. The intent of amendment 25-64 is to provide an improved level
of safety for occupants on transport-category airplanes. Because most
seating is forward-facing on transport-category airplanes, the pass/
fail criteria developed in amendment 25-64 focused primarily on these
seats. As a result, the FAA issued Policy Memorandums ANM-03-115-30 and
PS-ANM-100-2000-00123 to provide the additional guidance necessary to
demonstrate the level of safety required by the regulations for side-
facing seats.
To reflect current research findings, the FAA issued PS-ANM-25-03-
R1, ``Technical Criteria for Approving Side-Facing Seats,'' November 5,
2012, which updates injury criteria for fully side-facing seats. This
policy statement was issued to define revised injury criteria
associated with neck and leg injuries.
The proposed Airbus Model A330-243 airplane, with an oblique
seating configuration by TC Inter-Informatics, is novel such that the
Airbus Model A330-243 airplane certification basis does not adequately
address protection of the occupant's neck and spine for seat
configurations that are positioned at an angle greater than 18 degrees
from the airplane centerline. Therefore, the TC Inter-Informatics
proposed configuration requires new special conditions.
These special conditions will provide head-injury criteria, neck-
injury criteria, spine-injury criteria, and body-to-wall contact
criteria. They contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
Applicability
These special conditions are applicable to Airbus Model A330-243
airplanes with B/E Aerospace Super Diamond business class seats
installed, per TC Inter-Informatics project-specific certification plan
JD-45AC01-1. Should TC Inter-Informatics apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A46NM to incorporate the same novel or unusual
design feature, these special conditions would apply to that model as
well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model of airplane. It is not a rule of general applicability,
and affects only the applicant who applied to the FAA for approval of
this feature on the airplane.
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 Airbus Model A330-243 airplanes as
modified by TC Inter-Informatics.
Single-Occupant, Oblique (Side-Facing) Seats Special Conditions
1. Existing Criteria
All injury protection criteria of Sec. 25.562(c)(1) through (c)(6)
apply to the occupant of an oblique (side-facing) seat. Head-injury
criterion (HIC) assessments are only required for head contact with the
seat and adjacent structures. If the ATD has no apparent contact with a
seat or structure, but does have contact with an inflatable restraint,
the HIC15 score for that contact must be less than 700.
2. Body-to-Wall/Furnishing Contact Criteria
If an oblique seat is installed aft of structure (e.g., an interior
wall or furnishing) that does not provide a homogenous contact surface
for the expected range of occupants and yaw angles, then additional
analysis or tests may be required to demonstrate that the injury
criteria are met for the area which an occupant could contact. For
example, if different yaw angles could result in different inflatable-
restraint performance, then additional analysis or separate tests may
be necessary to evaluate performance.
3. Neck-Injury Criteria
The seating system must protect the occupant from experiencing
serious neck injury. The assessment of neck injury must be conducted
with the inflatable restraint activated, unless there is reason to also
consider that the neck-injury potential would be higher below the
inflatable restraint threshold. If so, additional tests may be
required.
a. The Nij (calculated in accordance with 49 CFR
571.208) must be below 1.0, where Nij = Fz/
Fzc + My/Myc, and Nij
intercepts limited to:
i. Fzc = 1530 lb. for tension
ii. Fzc = 1385 lb. for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below 937 lb. in tension
and 899 lb. in compression.
c. Rotation of the head about its vertical axis relative to the
torso is limited to 105 degrees in either direction from forward-
facing.
d. The neck must not impact any surface.
4. Spine and Torso Injury Criteria
a. The shoulders must remain aligned with the hips throughout the
impact sequence, or support for the upper torso must be provided to
prevent forward or lateral flailing beyond 45 degrees from the vertical
during significant spinal loading.
b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable.
c. Occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.
5. Longitudinal Tests
These must be performed, as necessary, with the Hybrid III ATD,
undeformed floor, most critical yaw cases for injury, and with all
lateral structural supports (armrests and walls) installed. For the
pass/fail injury assessments, see the criteria listed in special
conditions 1 through 4, above.
Note: TC Inter-Informatics A.S. must demonstrate that the
installation of seats via plinths or pallets meets all applicable
requirements. Compliance with the guidance contained in FAA Policy
Memorandum PS-ANM-100-2000-00123, dated February 2, 2000, titled
``Guidance for Demonstrating Compliance with Seat Dynamic Testing
for Plinths and Pallets,'' is acceptable to the FAA.
Inflatable Lapbelt Conditions
If inflatable lapbelts are installed on single-place side-facing
seats, the inflatable lapbelts must meet the requirements of Special
Conditions No. 25-395-SC.
[[Page 7802]]
Issued in Des Moines, Washington, on January 27, 2021.
Suzanne Masterson,
Manager, Transport Airplane Strategic Policy Section, Policy and
Innovation Division, Aircraft Certification Service.
[FR Doc. 2021-02139 Filed 2-1-21; 8:45 am]
BILLING CODE 4910-13-P
