Special Conditions: The Boeing Company Model 777-9 Airplane; Installation of Large Non-Structural Glass in the Passenger Compartment, 18389-18391 [2023-06395]
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
in connection with the investigation
leading to the institution of proceedings
that is not otherwise privileged or
protected from disclosure. This
affirmative disclosure obligation was
intended to substitute for the traditional
civil discovery process, which can be
both time-consuming and expensive. By
changing this process to allow for a
limited number of depositions by both
the Office of Enforcement and
respondents, the Updated Rules of
Practice increases the cost of the process
in both time and money, relative to the
baseline. At the same time, to the extent
that a limited number of depositions
makes hearings proceed more
efficiently, the rule may reduce costs. In
addition, since promulgating the 2012
Rule, the Bureau has only brought two
cases through the administrative
adjudication process from start to finish.
As such, the Bureau expects there to be
few cases in the future that would have
benefited from the more limited
deposition procedure in the 2012 Rule.
The Bureau expects the amended
procedure to still be faster and less
expensive than discovery through a
Federal district court. To the extent that
adding additional discovery enables
more cases that would otherwise be
initiated in Federal court to instead be
initiated through the administrative
adjudication process, both consumers
and covered persons will benefit.
In addition, in the 1022(b)(2) analysis
for the 2012 Rule, the Bureau stated that
a benefit of the Rule was its similarity
to existing rules of the prudential
regulators, the FTC, and the SEC. The
SEC has since amended its rules, and
many of the changes in these
amendments will align the Bureau’s
rules with the new SEC rules and those
of other agencies. The similarity of the
Updated Rules of Practice to other
agencies’ rules should further reduce
the expense of administrative
adjudication for covered persons.
Further, the Updated Rules of Practice
have no unique impact on insured
depository institutions or insured credit
unions with less than $10 billion in
assets described in section 1026(a) of
the CFPA. Finally, the Updated Rules of
Practice do not have a unique impact on
rural consumers.
VI. Regulatory Requirements
The preamble to the Updated Rules of
Practice explained that, as a rule of
agency organization, procedure, or
practice, it was exempt from the noticeand-comment rulemaking requirements
of the Administrative Procedure Act.44
However, the Bureau accepted
44 5
U.S.C. 553(b).
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17:14 Mar 28, 2023
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comments on the rule and is issuing this
rule after considering those
comments.45
Because no notice of proposed
rulemaking was required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis for this rule.46 Moreover, the
Bureau’s Director certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities. Therefore, an analysis is also
not required for that reason.47 The rule
imposes compliance burdens only on
the handful of entities that are
respondents in adjudication
proceedings or third-party recipients of
discovery requests. Some of the handful
of affected entities may be small entities
under the Regulatory Flexibility Act, but
they would represent an extremely
small fraction of small entities in
consumer financial services markets.
Accordingly, the number of small
entities affected is not substantial.
The Bureau has also determined that
this rule does not impose any new or
revise any existing recordkeeping,
reporting, or disclosure requirements on
covered entities or members of the
public that would be collections of
information requiring approval by the
Office of Management and Budget under
the Paperwork Reduction Act.48
List of Subjects in 12 CFR Part 1081
Administrative practice and
procedure, Banks, banking, Consumer
protection, Credit unions, Law
enforcement, National banks, Savings
associations, Trade practices.
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2023–04109 Filed 3–28–23; 8:45 am]
BILLING CODE 4810–AM–P
45 The comment by the group of trade associations
requested that the Bureau propose a new rule based
on their objections to aspects of the Updated Rules
of Practice. However, the Bureau has considered
these objections and does not agree with them for
the reasons discussed in the section-by-section
analysis, so the Bureau is not issuing a new
proposal based on them.
46 5 U.S.C. 603, 604.
47 5 U.S.C. 605(b).
48 44 U.S.C. 3501–3521.
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18389
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–0137; Special
Conditions No. 25–836–SC]
Special Conditions: The Boeing
Company Model 777–9 Airplane;
Installation of Large Non-Structural
Glass in the Passenger Compartment
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the The Boeing Company
(Boeing) Model 777–9 series 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 the installation of large,
non-structural glass in the passenger
cabin. 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 Boeing
on March 29, 2023. Send comments on
or before May 15, 2023.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–0137 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),
§ 11.35, the FAA will post all comments
SUMMARY:
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18390
Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
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 individual listed
in the FOR FURTHER INFORMATION
CONTACT section 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 Section, AIR–626, 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.
The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. Therefore, the FAA
finds, pursuant to 14 CFR 11.38(b), that
new comments are unlikely, and notice
and comment prior to this publication
are unnecessary.
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
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Jkt 259001
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, and will consider comments
filed late if it is possible to do so
without incurring delay. The FAA may
change these special conditions based
on the comments received.
Background
On August 19, 2022, Boeing applied
for an amendment to Type Certificate
No. T00001SE to include the new Model
777–9 series airplane. The Boeing
Model 777–9 series airplane, which is a
derivative of the Model 777–300ER
currently approved under Type
Certificate No. T00001SE, is a twinengine, transport category airplane, with
capacity for 495 passengers, and a
maximum takeoff weight of 775,000
pounds.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR),
§ 21.101, Boeing must show that the
Model 777–9 airplane meets 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 series
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
series airplane must comply with the
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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 Boeing Model 777–9 series
airplane will incorporate the following
novel or unusual design feature:
This design feature is the installation
of large, non-structural glass in the
passenger cabin. Possible installations
of large non-structural glass items
include, but are not limited to, the
following items:
• Glass partitions
• Glass floor installations
• Glass attached to the ceiling
• Glass parts integrated in the stairway
• Wall or Door mounted mirrors and
glass panels
• Mirrors as part of a door blow out
panel
• Glass plate installed in a doorframe
• Washstand with glass-panel
The installation of these glass items in
the passenger compartment, which can
be occupied during taxi, take-off and
landing (TT&L), is a novel or unusual
design feature with respect to the
installed material. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for these design features.
Discussion
The use of glass results in trade-offs
between the one unique characteristic of
glass—its capability for undistorted or
controlled light transmittance, or
transparency—and the negative aspects
of the material. Glass, in its basic form
as annealed, untreated sheet, plate, or
float glass, when compared to metals, is
extremely notch-sensitive, has a low
fracture resistance, has a low modulus
of elasticity, and can be highly variable
in its properties. While reasonably
strong, it is nonetheless not a desirable
material for traditional airplane
applications because it is heavy (about
the same density as aluminum), and
when it fails, it breaks into extremely
sharp fragments that have the potential
for injury, and which have been known
to be lethal. Thus, the use of glass
traditionally was limited to
windshields, and instrument or display
transparencies. The regulations in 14
CFR 25.775 only address, and likewise
only recognize, the unique use of glass
in windshield or window applications
where no other material will serve. This
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Federal Register / Vol. 88, No. 60 / Wednesday, March 29, 2023 / Rules and Regulations
regulation does address the adverse
properties of glass, but pilots
occasionally are injured from shattered
glass windshields.
The FAA divides other uses of glass
in the passenger cabin into four groups.
These groups were created to address
the practical and functional uses of
glass. The four groups are as follows:
The first group is glass items installed
in rooms or areas in the cabin that are
not occupied during taxi, takeoff, and
landing (TT&L), and a person does not
have to enter or pass through the room
or area to get to any emergency exit.
The second group is glass integrated
into a functional device the operation of
which is dependent upon the
characteristics of glass, such as
instrument or indicator protective
transparencies, or monitor screens such
as liquid crystal displays or plasma
displays. This group may be installed in
any area in the cabin regardless of
occupancy during TT&L. Acceptable
means of compliance for these items
may depend on the size and specific
location of the device containing the
glass.
The third group is small glass items
installed in occupied rooms or areas
during TT&L, or rooms or areas that a
person does not have to enter or pass
through to get to any emergency exit.
The FAA defines a small glass item as
less than 8.8 lbs (4 kg) in mass.
The fourth group is large glass items,
the subject of these special conditions,
installed in occupied rooms or areas
during TT&L, or rooms or areas that a
person must enter or pass through to get
to any emergency exit. A large glass
item is defined as 8.8 lbs (4 kg) or
greater in mass. Groups of glass items
that collectively weigh 4 kg or more
would also be included. The mass is
based on the amount of glass that
becomes hazardous in high inertial
loads.
The glass items in groups one, two,
and three are restricted to applications
where the potential for injury is either
highly localized, such as flightinstrument faces, or the location is such
that injury due to failure of the glass is
unlikely, for example mirrors in
lavatories, because these installations
necessitate the use of glass. These glass
items typically are addressed in a
method-of-compliance issue paper for
each project based on existing part 25
regulations, or in established policy.
These issue papers identify specific
tests that could include abuse loading
and ball-impact testing. In addition,
these items are subject to the inertia
loads contained in § 25.561, and
maximum positive-differential pressure
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17:14 Mar 28, 2023
Jkt 259001
for items like video monitors to meet
§ 25.789.
The items in group four are much
larger and heavier than previously
approved, and raise additional safety
concerns. These large, heavy glass
panels, primarily installed as
architectural features, were not
envisioned in the regulations. The
unique aspects of glass, with the
potential to become highly injurious or
lethal objects during emergency landing,
minor crash conditions, or in flight,
warrant a unique approach to
certification that addresses the
characteristics of glass that prevented its
use in the past. These special conditions
were developed to ensure that airplanes
with large glass features in passenger
cabins provide the same level of safety
as airplanes using traditional,
lightweight materials. The FAA
reiterates this intention in the text of the
special conditions by qualifying their
use for group four glass items.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 777–9 airplane. 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 apply to the other model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model series of 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 Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for The Boeing
Company Model 777–9 series airplanes.
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18391
For large glass items (a single item, or
a collective group of glass items, that
weigh 4 kg or more in mass) installed
in passenger-occupied rooms or areas
during taxi, takeoff, and landing, or
installed in rooms or areas that
occupants must enter or pass through to
access any emergency exit, the glass
installations on the Boeing Model 777–
9 series airplanes must meet the
following conditions:
1. Material Fragmentation—The glass
used must be tempered or otherwise
treated to ensure that when fractured, it
breaks into small pieces with relatively
dull edges. The glass component
installation must retain all glass
fragments to minimize the danger from
flying glass shards or pieces. The
applicant must demonstrate this by
impact and puncture testing and testing
to failure.
2. Strength—The glass component
must be strong enough to meet the load
requirements for all flight and landing
loads, including any of the applicable
emergency landing conditions in
subparts C & D of 14 CFR part 25. In
addition, glass components that are
located such that they are not protected
from contact with cabin occupants must
not fail due to abusive loading, such as
impact from occupants stumbling into,
leaning against, sitting on, or performing
other intentional or unintentional
forceful contact. The effect of design
details such as geometric discontinuities
or surface finish e.g., embossing,
etching, etc., must be assessed.
3. Retention—The glass component,
as installed in the airplane, must not
come free of its restraint or mounting
system in the event of an emergency
landing. Both the directional loading
and rebound conditions must be
assessed. The effect of design details
such as geometric discontinuities or
surface finish e.g., embossing, etching,
etc., must be assessed.
4. Instructions for Continued
Airworthiness—The instructions for
continued airworthiness must reflect the
fastening method used and must ensure
the reliability of the methods used (e.g.,
life limit of adhesives, or clamp
connection). Inspection methods and
intervals must be defined based upon
adhesion data from the manufacturer of
the adhesive or actual adhesion test
data, if necessary.
Issued in Washington, DC, on date March
23, 2023.
Gregg Nesemeier, III,
Acting Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2023–06395 Filed 3–28–23; 8:45 am]
BILLING CODE 4910–13–P
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Agencies
[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18389-18391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06395]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2023-0137; Special Conditions No. 25-836-SC]
Special Conditions: The Boeing Company Model 777-9 Airplane;
Installation of Large Non-Structural Glass in the Passenger Compartment
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the The Boeing Company
(Boeing) Model 777-9 series 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 the installation of large, non-
structural glass in the passenger cabin. 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 Boeing on March 29, 2023. Send
comments on or before May 15, 2023.
ADDRESSES: Send comments identified by Docket No. FAA-2023-0137 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
[[Page 18390]]
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 individual listed in the FOR FURTHER INFORMATION CONTACT section
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 Section, AIR-626, 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: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary.
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, and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.
Background
On August 19, 2022, Boeing applied for an amendment to Type
Certificate No. T00001SE to include the new Model 777-9 series
airplane. The Boeing Model 777-9 series airplane, which is a derivative
of the Model 777-300ER currently approved under Type Certificate No.
T00001SE, is a twin-engine, transport category airplane, with capacity
for 495 passengers, and a maximum takeoff weight of 775,000 pounds.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR), Sec. 21.101, Boeing must show that the Model 777-9 airplane
meets 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 series 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 series 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 series airplane will incorporate the
following novel or unusual design feature:
This design feature is the installation of large, non-structural
glass in the passenger cabin. Possible installations of large non-
structural glass items include, but are not limited to, the following
items:
Glass partitions
Glass floor installations
Glass attached to the ceiling
Glass parts integrated in the stairway
Wall or Door mounted mirrors and glass panels
Mirrors as part of a door blow out panel
Glass plate installed in a doorframe
Washstand with glass-panel
The installation of these glass items in the passenger compartment,
which can be occupied during taxi, take-off and landing (TT&L), is a
novel or unusual design feature with respect to the installed material.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for these design features.
Discussion
The use of glass results in trade-offs between the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency--and the negative aspects of the
material. Glass, in its basic form as annealed, untreated sheet, plate,
or float glass, when compared to metals, is extremely notch-sensitive,
has a low fracture resistance, has a low modulus of elasticity, and can
be highly variable in its properties. While reasonably strong, it is
nonetheless not a desirable material for traditional airplane
applications because it is heavy (about the same density as aluminum),
and when it fails, it breaks into extremely sharp fragments that have
the potential for injury, and which have been known to be lethal. Thus,
the use of glass traditionally was limited to windshields, and
instrument or display transparencies. The regulations in 14 CFR 25.775
only address, and likewise only recognize, the unique use of glass in
windshield or window applications where no other material will serve.
This
[[Page 18391]]
regulation does address the adverse properties of glass, but pilots
occasionally are injured from shattered glass windshields.
The FAA divides other uses of glass in the passenger cabin into
four groups. These groups were created to address the practical and
functional uses of glass. The four groups are as follows:
The first group is glass items installed in rooms or areas in the
cabin that are not occupied during taxi, takeoff, and landing (TT&L),
and a person does not have to enter or pass through the room or area to
get to any emergency exit.
The second group is glass integrated into a functional device the
operation of which is dependent upon the characteristics of glass, such
as instrument or indicator protective transparencies, or monitor
screens such as liquid crystal displays or plasma displays. This group
may be installed in any area in the cabin regardless of occupancy
during TT&L. Acceptable means of compliance for these items may depend
on the size and specific location of the device containing the glass.
The third group is small glass items installed in occupied rooms or
areas during TT&L, or rooms or areas that a person does not have to
enter or pass through to get to any emergency exit. The FAA defines a
small glass item as less than 8.8 lbs (4 kg) in mass.
The fourth group is large glass items, the subject of these special
conditions, installed in occupied rooms or areas during TT&L, or rooms
or areas that a person must enter or pass through to get to any
emergency exit. A large glass item is defined as 8.8 lbs (4 kg) or
greater in mass. Groups of glass items that collectively weigh 4 kg or
more would also be included. The mass is based on the amount of glass
that becomes hazardous in high inertial loads.
The glass items in groups one, two, and three are restricted to
applications where the potential for injury is either highly localized,
such as flight-instrument faces, or the location is such that injury
due to failure of the glass is unlikely, for example mirrors in
lavatories, because these installations necessitate the use of glass.
These glass items typically are addressed in a method-of-compliance
issue paper for each project based on existing part 25 regulations, or
in established policy. These issue papers identify specific tests that
could include abuse loading and ball-impact testing. In addition, these
items are subject to the inertia loads contained in Sec. 25.561, and
maximum positive-differential pressure for items like video monitors to
meet Sec. 25.789.
The items in group four are much larger and heavier than previously
approved, and raise additional safety concerns. These large, heavy
glass panels, primarily installed as architectural features, were not
envisioned in the regulations. The unique aspects of glass, with the
potential to become highly injurious or lethal objects during emergency
landing, minor crash conditions, or in flight, warrant a unique
approach to certification that addresses the characteristics of glass
that prevented its use in the past. These special conditions were
developed to ensure that airplanes with large glass features in
passenger cabins provide the same level of safety as airplanes using
traditional, lightweight materials. The FAA reiterates this intention
in the text of the special conditions by qualifying their use for group
four glass items.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Applicability
As discussed above, these special conditions are applicable to the
Boeing Model 777-9 airplane. 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
apply to the other model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model series of 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 Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for The Boeing Company Model 777-9 series
airplanes.
For large glass items (a single item, or a collective group of
glass items, that weigh 4 kg or more in mass) installed in passenger-
occupied rooms or areas during taxi, takeoff, and landing, or installed
in rooms or areas that occupants must enter or pass through to access
any emergency exit, the glass installations on the Boeing Model 777-9
series airplanes must meet the following conditions:
1. Material Fragmentation--The glass used must be tempered or
otherwise treated to ensure that when fractured, it breaks into small
pieces with relatively dull edges. The glass component installation
must retain all glass fragments to minimize the danger from flying
glass shards or pieces. The applicant must demonstrate this by impact
and puncture testing and testing to failure.
2. Strength--The glass component must be strong enough to meet the
load requirements for all flight and landing loads, including any of
the applicable emergency landing conditions in subparts C & D of 14 CFR
part 25. In addition, glass components that are located such that they
are not protected from contact with cabin occupants must not fail due
to abusive loading, such as impact from occupants stumbling into,
leaning against, sitting on, or performing other intentional or
unintentional forceful contact. The effect of design details such as
geometric discontinuities or surface finish e.g., embossing, etching,
etc., must be assessed.
3. Retention--The glass component, as installed in the airplane,
must not come free of its restraint or mounting system in the event of
an emergency landing. Both the directional loading and rebound
conditions must be assessed. The effect of design details such as
geometric discontinuities or surface finish e.g., embossing, etching,
etc., must be assessed.
4. Instructions for Continued Airworthiness--The instructions for
continued airworthiness must reflect the fastening method used and must
ensure the reliability of the methods used (e.g., life limit of
adhesives, or clamp connection). Inspection methods and intervals must
be defined based upon adhesion data from the manufacturer of the
adhesive or actual adhesion test data, if necessary.
Issued in Washington, DC, on date March 23, 2023.
Gregg Nesemeier, III,
Acting Manager, Technical Innovation Policy Branch, Policy and
Innovation Division, Aircraft Certification Service.
[FR Doc. 2023-06395 Filed 3-28-23; 8:45 am]
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