Special Conditions: Airbus A320-200 Series Model A320-251N, -252N, -253N, -271N, -272N, -273N Airplanes and A321-200 Series Model A321-251NX, -252NX, -253NX, -271NX, -272NX Airplanes; Flight Attendant Seat Mounted on Movable Interior Structure, 62739-62741 [2022-22494]
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62739
Proposed Rules
Federal Register
Vol. 87, No. 199
Monday, October 17, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2022–0532; Notice No. 25–
22–03–SC]
Special Conditions: Airbus A320–200
Series Model A320–251N, –252N,
–253N, –271N, –272N, –273N Airplanes
and A321–200 Series Model A321–
251NX, –252NX, –253NX, –271NX,
–272NX Airplanes; Flight Attendant
Seat Mounted on Movable Interior
Structure
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the Airbus A320–200
Series Model –251N, –252N, –253N,
–271N, –272N, –273N (known as
A320neo) airplanes and A321–200
Series Model –251NX, –252NX,
–253NX, –271NX, –272NX (known as
A321neo) airplanes. The airplanes will
have a novel or unusual design feature
when compared to the state of
technology envisioned in the
airworthiness standards for transport
category airplanes. This design feature
is flight attendant seats mounted on
movable lavatory doors. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These proposed
special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Send comments on or before
December 1, 2022.
ADDRESSES: Send comments identified
by Docket No. FAA–2022–0532 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
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SUMMARY:
VerDate Sep<11>2014
17:04 Oct 14, 2022
Jkt 259001
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 title 14,
Code of Federal Regulations (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 these special
conditions.
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 these special conditions
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to these special conditions, 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 these special
conditions. Send submissions
containing CBI to the Information
Contact below. Comments the FAA
receives, which are not specifically
designated as CBI, will be placed in the
public docket for these special
conditions.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
PO 00000
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Fmt 4702
Sfmt 4702
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:
Shannon Lennon, Human Machine
Interface, AIR–626, Technical
Innovation Policy 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:
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 October 27, 2020, Airbus SAS
applied for a change to Type Certificate
No. A28NM for flight attendant seats
mounted on movable lavatory doors in
A320–200 Series Model A320–251N,
–252N, –253N, –271N, –272N, and
–273N (known as A320neo) airplanes
and A321–200 Series Model A321–
251NX, –252NX, –253NX, –271NX, and
–272NX (known as A321neo) airplanes.
These airplanes are twin-engine,
transport category airplanes. The
A320neo has a maximum passenger
seating capacity of 179 and the A321neo
has a maximum passenger seating
capacity of 244.
The applicable airworthiness
requirements do not contain adequate or
appropriate safety standards for this
new lavatory door-mounted flight
attendant seat. Section 25.785 of title 14,
Code of Federal Regulations (14 CFR)
specifies certain requirements for flight
attendant seats but did not consider
flight attendant seats mounted on
movable structure such as lavatory
doors and, therefore, does not
E:\FR\FM\17OCP1.SGM
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62740
Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Proposed Rules
specifically address additional concerns
associated with ensuring the flight
attendant seats are safe to occupy when
necessary. Therefore, special conditions
are necessary to establish a level of
safety equivalent to that established by
the existing airworthiness standards.
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Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR),
§ 21.101, Airbus must show that the
A320neo and A321neo airplanes, as
changed, continue to meet the
applicable provisions of the regulations
listed in Type Certificate No. A28NM 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 A320neo and A321neo
airplanes because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
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 Airbus A320neo and
A321neo airplanes must comply with
the fuel vent and exhaust emission
requirements of 14 CFR part 34 and the
noise certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Airbus A320neo and A321neo
airplanes will incorporate the following
novel or unusual design features:
Flight attendant seats mounted on
movable lavatory doors.
Discussion
Airbus will install, in A320neo and
A321neo airplanes, flight attendant
seats on lavatory doors. The lavatory
door-mounted flight attendant seat is
intended to be occupied during all
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17:04 Oct 14, 2022
Jkt 259001
phases of flight, including takeoff and
landing.
Flight attendant seats are typically
floor-mounted or wall-mounted on a
non-movable structure (e.g., mounted on
monument walls) which is attached to
the airplane structure. The installation
of a flight attendant seat on movable
structure, such as a lavatory door,
introduces certain issues that must be
addressed to ensure safety of the
attendant seat occupant. Such
considerations include ensuring that the
lavatory door is closed (fixed) when the
flight attendant seat is to be occupied
and ensuring that the lavatory door lock
mechanism is reliable after frequent use
of the lavatory door. Additionally, the
lavatory door, door locking mechanism,
and door housing will need to
withstand certain loading conditions as
that structure is part of the load path
between seat structure and airplane
structure.
Other issues include ensuring that the
flight attendant seat is available to use
when necessary, which requires a way
to ensure the lavatory is not occupied
when the flight attendant seat must be
occupied. Also, additional maintenance
requirements will need to be considered
to establish the reliability of the lavatory
door locking mechanism, as it is a
feature that will be frequently used.
The proposed special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the A320
Series Model –251N, –252N, –253N,
–271N, –272N, –273N (known as
A320neo) and A321 Series Model
–251NX, –252NX, –253NX, –271NX,
–272NX (known as A321neo) airplanes.
Should Airbus apply at a later date for
a change to the type certificate to
include another model incorporating the
same novel or unusual design feature,
these special conditions would apply to
that model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on A320
Series Model –251N, –252N, –253N,
–271N, –272N, –273N (known as
A320neo) and A321 Series Model
–251NX, –252NX, –253NX, –271NX,
–272NX (known as A321neo) airplanes.
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 Proposed Special Conditions
D Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for A320
Series Model –251N, –252N, –253N,
–271N, –272N, –273N (known as
A320neo) and A321 Series Model
–251NX, –252NX, –253NX, –271NX,
–272NX (known as A321neo).
(a) The lavatory door-mounted flight
attendant seat-system primary load
path, including the flight attendant seat,
seat attachment means, the lavatory
door, and lavatory door attachment to
the lavatory housing—including the
locking mechanism—must be shown to
be capable of withstanding the
emergency landing dynamic loads in
accordance with § 25.562. The lavatory
housing and the lavatory attachment to
the airplane structure must comply with
the requirements of § 25.561.
(b) Means must be provided to ensure
that the flight attendant seat can only be
used if the lavatory door is securely
locked in the closed position.
(1) The procedures for establishing
that the lavatory door is closed and
locked prior to use of the flight
attendant seat must become part of the
cabin crew training.
(2) The effects of structural
deformation of the lavatory door and
lavatory door housing must be
addressed to prevent unlocking or
failure of the locking mechanism.
(c) Means must be provided to ensure
that the lavatory is not occupied so that
the flight attendant seat is available
when necessary.
(d) Means must be provided to ensure
that no one is inadvertently trapped
inside the lavatory when the lavatory
door is locked to facilitate use of the
flight attendant seat.
(e) The lavatory door locking
mechanism must be shown to withstand
frequent use. Potential deterioration of
moving parts must be addressed to show
that the locking mechanism is reliable
within its established life cycle.
Accordingly, instructions for continued
airworthiness must also be defined for
the locking mechanism.
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Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 / Proposed Rules
Issued in Kansas City, Missouri, on
October 11, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022–22494 Filed 10–14–22; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 461
Trade Regulation Rule on
Impersonation of Government and
Businesses
Federal Trade Commission.
Notice of proposed rulemaking;
request for public comment.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC or ‘‘Commission’’)
commences a rulemaking to promulgate
a trade regulation rule entitled ‘‘Rule on
Impersonation of Government and
Businesses,’’ which would prohibit the
impersonation of government,
businesses, or their officials. The
Commission finds such impersonation
to be prevalent based on the comments
it received in response to an advance
notice of proposed rulemaking and
other information discussed in this
document. The Commission now
solicits written comment, data, and
arguments concerning the utility and
scope of the proposed trade regulation
rule to prohibit the impersonation of
government, businesses, or their
officials.
SUMMARY:
Comments must be received on
or before December 16, 2022.
ADDRESSES: Interested parties may file a
comment online or on paper by
following the instructions in the
Comment Submissions part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Impersonation NPRM,
R207000’’ on your comment and file
your comment online at https://
www.regulations.gov. If you prefer to
file your comment on paper, mail your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex B),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
B), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Christopher E. Brown, Attorney,
Marketing Practices Division, phone:
202–326–2825, cbrown3@ftc.gov.
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DATES:
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17:04 Oct 14, 2022
Jkt 259001
The
Commission invites interested parties to
submit data, views, and arguments on
the proposed Rule on Impersonation of
Government and Businesses and,
specifically, on the questions set forth in
Item IV of this notice of proposed
rulemaking (‘‘NPRM’’). The comment
period will remain open until December
16, 2022.1 To the extent practicable, all
comments will be available on the
public record and posted at the docket
for this rulemaking on https://
www.regulations.gov. If interested
parties request to present their position
orally, the Commission will hold an
informal hearing, as specified in Section
18(c) of the FTC Act, 15 U.S.C. 57a(c).
Persons interested in making a
presentation at an informal hearing
must file a comment in response to this
document containing a statement
explaining why they believe an informal
hearing is warranted, how they would
participate in an informal hearing, their
interests in the proceeding, whether
there are any disputed issues of material
fact necessary to be resolved during an
informal hearing, and a summary of
their anticipated testimony. If an
informal hearing is held, a separate
document will issue under 16 CFR
1.12(a) (‘‘initial notice of informal
hearing’’).
SUPPLEMENTARY INFORMATION:
I. Background
On December 23, 2021, the
Commission published an advance
notice of proposed rulemaking
(‘‘ANPR’’) under the authority of
Section 18 of the FTC Act, 15 U.S.C.
57a(b)(2); the provisions of part 1,
subpart B, of the Commission’s Rules of
Practice, 16 CFR 1.7–1.20; and 5 U.S.C.
553.2 This authority permits the
Commission to promulgate, modify, or
repeal trade regulation rules that define
with specificity acts or practices that are
unfair or deceptive in or affecting
commerce within the meaning of
Section 5(a)(1) of the FTC Act, 15 U.S.C.
45(a)(1). The ANPR described the
Commission’s history of taking law
enforcement action against and
educating consumers about the
impersonation of government and
businesses,3 and it asked questions
about the prevalence of impersonation
1 The Commission elects not to provide a
separate, second comment period for rebuttal
comments. See 16 CFR 1.11(e) (‘‘The Commission
may in its discretion provide for a separate rebuttal
period following the comment period.’’).
2 Fed. Trade Comm’n, ANPR: Trade Regulation
Rule on Impersonation of Gov’t and Businesses, 86
FR 72901 (Dec. 23, 2021), https://
www.federalregister.gov/documents/2021/12/23/
2021-27731/trade-regulation-rule-onimpersonation-of-government-and-businesses.
3 See id., 86 FR 72901–04.
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Fmt 4702
Sfmt 4702
62741
fraud and whether and how to proceed
with an NPRM.4 The Commission took
comment for 60 days, and it received
164 unique comments, which it has
thoroughly considered.
Based on the substance of these
comments, as well as the Commission’s
history of enforcement and other
information discussed below, the
Commission has reason to believe that
the impersonation, including affiliation
or endorsement claims, of government,
businesses, and their officials or agents
is prevalent 5 and that proceeding with
this rulemaking is in the public interest.
This document discusses the comments
and explains its considerations in
developing the proposed rule. The
Commission also poses specific
questions for comment. Finally, the
NPRM provides the text of its proposed
rule.
II. Summary of Comments to ANPR
The Commission received 164 unique
comments in response to the ANPR,
which are publicly available on this
rulemaking’s docket at https://
www.regulations.gov/docket/FTC-20210077/comments.6 Of the total comments
received, 113 expressly support the
Commission’s proceeding with the
rulemaking. Another 35 comments did
not express a clear view on the merits
of proceeding, and another 16
comments did not address the question.
No commenter expressed the view that
the Commission should not commence
this rulemaking. Most comments came
from individual consumers, with 140
total comments. Ten comments were
submitted by businesses,7 eleven by
4 See
id. at 72904.
15 U.S.C. 57a(b)(3) (‘‘The Commission shall
issue a notice of proposed rulemaking pursuant to
paragraph (1)(A) only where it has reason to believe
that the unfair or deceptive acts or practices which
are the subject of the proposed rulemaking are
prevalent.’’).
6 The docket lists 168 comments, but four of these
were submitted by AVIXA, Inc. (‘‘Audio Visual and
Integrated Experience Association’’) and two by the
National Association of Attorneys General
(‘‘NAAG’’), accounting for four total duplicates. See
AVIXA Cmts., https://www.regulations.gov/
comment/FTC-2021-0077-0089, https://
www.regulations.gov/comment/FTC-2021-00770085, https://www.regulations.gov/comment/FTC2021-0077-0126, https://www.regulations.gov/
comment/FTC-2021-0077-0128; NAAG Cmts.,
https://www.regulations.gov/comment/FTC-20210077-0152, https://www.regulations.gov/comment/
FTC-2021-0077-0164.
7 See Pub’rs Clearing House, Cmt. on ANPR (Feb.
8, 2022), https://www.regulations.gov/comment/
FTC-2021-0077-0008 (‘‘PCH Cmt.’’); YouMail Inc.,
Cmt. on ANPR (Feb. 22, 2022), https://
www.regulations.gov/comment/FTC-2021-00770148 (‘‘YouMail Cmt.’’); WMC Global, Cmt. on
ANPR (Feb. 22, 2022), https://www.regulations.gov/
comment/FTC-2021-0077-0154 (‘‘WMC Cmt.’’);
DIRECTV, LLC, Cmt. on ANPR (Feb. 23, 2022),
https://www.regulations.gov/comment/FTC-20215 See
E:\FR\FM\17OCP1.SGM
Continued
17OCP1
Agencies
[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Proposed Rules]
[Pages 62739-62741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22494]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 199 / Monday, October 17, 2022 /
Proposed Rules
[[Page 62739]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2022-0532; Notice No. 25-22-03-SC]
Special Conditions: Airbus A320-200 Series Model A320-251N, -
252N, -253N, -271N, -272N, -273N Airplanes and A321-200 Series Model
A321-251NX, -252NX, -253NX, -271NX, -272NX Airplanes; Flight Attendant
Seat Mounted on Movable Interior Structure
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed special conditions.
-----------------------------------------------------------------------
SUMMARY: This action proposes special conditions for the Airbus A320-
200 Series Model -251N, -252N, -253N, -271N, -272N, -273N (known as
A320neo) airplanes and A321-200 Series Model -251NX, -252NX, -253NX, -
271NX, -272NX (known as A321neo) airplanes. The airplanes will have a
novel or unusual design feature when compared to the state of
technology envisioned in the airworthiness standards for transport
category airplanes. This design feature is flight attendant seats
mounted on movable lavatory doors. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These proposed special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.
DATES: Send comments on or before December 1, 2022.
ADDRESSES: Send comments identified by Docket No. FAA-2022-0532 using
any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: Except for Confidential Business Information (CBI) as
described in the following paragraph, and other information as
described in title 14, Code of Federal Regulations (14 CFR), Sec.
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 these special conditions.
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 these special
conditions contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to these special conditions, 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 these special conditions. Send submissions containing CBI to
the Information Contact below. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
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: Shannon Lennon, Human Machine
Interface, AIR-626, Technical Innovation Policy 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:
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 October 27, 2020, Airbus SAS applied for a change to Type
Certificate No. A28NM for flight attendant seats mounted on movable
lavatory doors in A320-200 Series Model A320-251N, -252N, -253N, -271N,
-272N, and -273N (known as A320neo) airplanes and A321-200 Series Model
A321-251NX, -252NX, -253NX, -271NX, and -272NX (known as A321neo)
airplanes. These airplanes are twin-engine, transport category
airplanes. The A320neo has a maximum passenger seating capacity of 179
and the A321neo has a maximum passenger seating capacity of 244.
The applicable airworthiness requirements do not contain adequate
or appropriate safety standards for this new lavatory door-mounted
flight attendant seat. Section 25.785 of title 14, Code of Federal
Regulations (14 CFR) specifies certain requirements for flight
attendant seats but did not consider flight attendant seats mounted on
movable structure such as lavatory doors and, therefore, does not
[[Page 62740]]
specifically address additional concerns associated with ensuring the
flight attendant seats are safe to occupy when necessary. Therefore,
special conditions are necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR), Sec. 21.101, Airbus must show that the A320neo and A321neo
airplanes, as changed, continue to meet the applicable provisions of
the regulations listed in Type Certificate No. A28NM 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 A320neo and A321neo
airplanes because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same 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 Airbus A320neo and A321neo airplanes must comply with
the fuel vent and exhaust emission requirements of 14 CFR part 34 and
the noise certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Airbus A320neo and A321neo airplanes will incorporate the
following novel or unusual design features:
Flight attendant seats mounted on movable lavatory doors.
Discussion
Airbus will install, in A320neo and A321neo airplanes, flight
attendant seats on lavatory doors. The lavatory door-mounted flight
attendant seat is intended to be occupied during all phases of flight,
including takeoff and landing.
Flight attendant seats are typically floor-mounted or wall-mounted
on a non-movable structure (e.g., mounted on monument walls) which is
attached to the airplane structure. The installation of a flight
attendant seat on movable structure, such as a lavatory door,
introduces certain issues that must be addressed to ensure safety of
the attendant seat occupant. Such considerations include ensuring that
the lavatory door is closed (fixed) when the flight attendant seat is
to be occupied and ensuring that the lavatory door lock mechanism is
reliable after frequent use of the lavatory door. Additionally, the
lavatory door, door locking mechanism, and door housing will need to
withstand certain loading conditions as that structure is part of the
load path between seat structure and airplane structure.
Other issues include ensuring that the flight attendant seat is
available to use when necessary, which requires a way to ensure the
lavatory is not occupied when the flight attendant seat must be
occupied. Also, additional maintenance requirements will need to be
considered to establish the reliability of the lavatory door locking
mechanism, as it is a feature that will be frequently used.
The proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
Applicability
As discussed above, these special conditions are applicable to the
A320 Series Model -251N, -252N, -253N, -271N, -272N, -273N (known as
A320neo) and A321 Series Model -251NX, -252NX, -253NX, -271NX, -272NX
(known as A321neo) airplanes. Should Airbus apply at a later date for a
change to the type certificate to include another model incorporating
the same novel or unusual design feature, these special conditions
would apply to that model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on A320 Series Model -251N, -252N, -253N, -271N, -272N, -273N (known as
A320neo) and A321 Series Model -251NX, -252NX, -253NX, -271NX, -272NX
(known as A321neo) airplanes. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.
The Proposed Special Conditions
[ssquf] Accordingly, the Federal Aviation Administration (FAA)
proposes the following special conditions as part of the type
certification basis for A320 Series Model -251N, -252N, -253N, -271N, -
272N, -273N (known as A320neo) and A321 Series Model -251NX, -252NX, -
253NX, -271NX, -272NX (known as A321neo).
(a) The lavatory door-mounted flight attendant seat-system primary
load path, including the flight attendant seat, seat attachment means,
the lavatory door, and lavatory door attachment to the lavatory
housing--including the locking mechanism--must be shown to be capable
of withstanding the emergency landing dynamic loads in accordance with
Sec. 25.562. The lavatory housing and the lavatory attachment to the
airplane structure must comply with the requirements of Sec. 25.561.
(b) Means must be provided to ensure that the flight attendant seat
can only be used if the lavatory door is securely locked in the closed
position.
(1) The procedures for establishing that the lavatory door is
closed and locked prior to use of the flight attendant seat must become
part of the cabin crew training.
(2) The effects of structural deformation of the lavatory door and
lavatory door housing must be addressed to prevent unlocking or failure
of the locking mechanism.
(c) Means must be provided to ensure that the lavatory is not
occupied so that the flight attendant seat is available when necessary.
(d) Means must be provided to ensure that no one is inadvertently
trapped inside the lavatory when the lavatory door is locked to
facilitate use of the flight attendant seat.
(e) The lavatory door locking mechanism must be shown to withstand
frequent use. Potential deterioration of moving parts must be addressed
to show that the locking mechanism is reliable within its established
life cycle. Accordingly, instructions for continued airworthiness must
also be defined for the locking mechanism.
[[Page 62741]]
Issued in Kansas City, Missouri, on October 11, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2022-22494 Filed 10-14-22; 8:45 am]
BILLING CODE 4910-13-P