Special Conditions: The Boeing Company Model 737-10 Airplane; Dynamic Test Requirements for Single Occupant Oblique Seats With or Without Airbags and/or 3-Point Restraints, 55359-55362 [2023-17403]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
TABLE 2 TO PARAGRAPH (b)(3)—IMPORT ASSESSMENT TABLE—Continued
TABLE 2 TO PARAGRAPH (b)(3)—IMPORT ASSESSMENT TABLE—Continued
[Raw cotton fiber]
[Raw cotton fiber]
55359
Authority: 7 U.S.C. 2101–2118.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–17220 Filed 8–14–23; 8:45 am]
ddrumheller on DSK120RN23PROD with RULES1
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0.5537
17:10 Aug 14, 2023
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Jkt 259001
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*
Fmt 4700
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1.6267
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0.3623
0.3623
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–1467; Special
Conditions No. 25–840–SC]
Special Conditions: The Boeing
Company Model 737–10 Airplane;
Dynamic Test Requirements for Single
Occupant Oblique Seats With or
Without Airbags and/or 3-Point
Restraints
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for The Boeing Company
(Boeing) Model 737–10 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 oblique (side-facing)
single-occupant seats equipped with
airbag devices or 3-point restraints. 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 August 15, 2023. Send comments on
or before September 29, 2023.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–1467 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
SUMMARY:
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55360
Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
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.
• 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: John
Shelden, Cabin Safety Section, AIR–624,
Technical Policy Branch, Policy and
Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3214; email
John.Shelden@faa.gov.
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.
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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
17:10 Aug 14, 2023
Jkt 259001
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 John Shelden, Cabin
Safety Section, AIR–624, Technical
Policy Branch, Policy and Standards
Division, Aircraft Certification Service,
Federal Aviation Administration, 2200
South 216th Street, Des Moines,
Washington 98198; telephone and fax
206–231–3214; email John.Shelden@
faa.gov. Comments the FAA receives,
which are not specifically designated as
CBI, will be placed in the public docket
for these special conditions.
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 October 28, 2022, Boeing applied
for a change to Type Certificate No.
A16WE for the installation of oblique
(side-facing) passenger seats with or
without airbag devices or 3-point
restraints in the Boeing Model 737–10
series airplanes. The Boeing Model 737–
10 series airplanes are twin-engine,
transport category airplanes with a
maximum certified passenger capacity
of up to 230, and a maximum takeoff
weight of approximately 197,900 lbs.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model 737–
10 series airplanes, as changed,
continue to meet the applicable
provisions of the regulations listed in
Type Certificate No. A16WE 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 737–10 series
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
PO 00000
Frm 00016
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Sfmt 4700
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, the 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 737–10
series airplane must comply with the
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 737–10 series
airplane will incorporate a seating
configuration that is novel or unusual
due to the installation of oblique (sidefacing) passenger seats and surrounding
furniture that introduces occupant
alignment and loading concerns. These
oblique seats may be installed at an
angle of 18 to 45 degrees to the aircraft
centerline and may include a 3-point
restraint system and/or airbags, for
occupant restraint and injury protection.
Discussion
Title 14, Code of Federal Regulations
(14 CFR) 25.785(d) requires that each
occupant of a seat that makes more than
an 18 degree angle with the vertical
plane containing the airplane 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 proposed Boeing Model 737–10
airplane seat installation is novel in that
the current requirements do not
adequately address protection of the
occupant’s neck and spine for seating
configurations that are positioned at
angles greater than 18 degrees up to and
including 45 degrees from the airplane
centerline. The installation of passenger
seats at angles of 18 to 45 degrees to the
airplane centerline is unique due to the
seat/occupant interface with the
surrounding furniture that introduces
occupant alignment/loading concerns
with or without the installation of a 3point or airbag restraint system, or both.
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ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
In order to provide a level of safety that
is equivalent to that afforded to
occupants of forward and aft facing
seating, additional airworthiness
standards, in the form of new special
conditions, are necessary.
The FAA has been conducting and
sponsoring research on appropriate
injury criteria for oblique (side-facing)
seat installations. To reflect current
research findings, the FAA issued
policy statement PS–AIR–25–27. FAAsponsored research has found that an
un-restrained flailing of the upper torso,
even when the pelvis and torso are
nearly aligned, can produce serious
spinal and torso injuries. At lower
impact severities, even with significant
misalignment between the torso and
pelvis, these injuries did not occur.
Tests with an FAA H–III
anthropomorphic test dummy (ATD)
have identified a level of lumbar spinal
tension corresponding to the no-injury
impact severity. This level of tension is
included as a limit in the special
conditions. The spine tension limit
selected is conservative with respect to
other aviation injury criteria since it
corresponds to a no-injury loading
condition.
As noted in the special conditions for
each airbag restraint system, because an
airbag restraint system is essentially a
single use device, there is the potential
that it could deploy under crash
conditions that are not sufficiently
severe as to require head injury
protection from the airbag restraint
system. Since an actual crash is
frequently composed of a series of
impacts before the airplane comes to
rest, this could render the airbag
restraint system useless if a larger
impact follows the initial impact. This
situation does not exist with energy
absorbing pads or upper torso restraints,
which tend to provide protection
according to the severity of the impact.
Therefore, the installation of the airbag
restraint system should be such that the
airbag restraint system will provide
protection when it is required, and will
not expend its protection when it is not
needed.
Because these airbag restraint systems
may or may not activate during various
crash conditions, the injury criteria
listed in these special conditions and in
§ 25.562 must be met in an event that is
slightly below the activation level of the
airbag restraint system. If an airbag
restraint system is included with the
oblique seats, the system must meet the
requirements in one of the airbag
(inflatable restraint) special conditions
applicable to the Boeing Model 737
series airplanes. These special
conditions supplement part 25 and,
VerDate Sep<11>2014
18:50 Aug 14, 2023
Jkt 259001
more specifically, supplement §§ 25.562
and 25.785.
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 737–10 series airplane. Should
Boeing apply at a later date for a change
to the type certificate to include another
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 that 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, and 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
737–10 series airplanes.
In addition to the requirements of
§ 25.562, passenger seats installed at an
angle between 18 degrees and 45
degrees from the aircraft centerline must
meet the following:
■
1. Head Injury Criteria (HIC)
Compliance with § 25.562(c)(5) is
required, except that, if the
anthropomorphic test dummy (ATD)
has no apparent contact with the seat/
structure but has contact with an airbag,
a HIC unlimited score in excess of 1000
is acceptable, provided the HIC15 score
(calculated in accordance with 49 CFR
571.208) for that contact is less than
700.
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of structure
(e.g., interior wall or furnishings) that
does not provide a homogenous contact
surface for the expected range of
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
55361
occupants and yaw angles, then
additional analysis and tests may be
required to demonstrate that the injury
criteria are met for the area that an
occupant could contact. For example, if
different yaw angles could result in
different airbag device 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
airbag device activated, unless there is
reason to also consider that the neckinjury potential would be higher for
impacts below the airbag-device
deployment threshold.
a. The Nij (calculated in accordance
with 49 CFR 571.208) must be below
1.0, where Nij = Fz/Fzc + My/Myc, and Nij
critical values are:
i. Fzc = 1530 lbs. for tension
ii. Fzc = 1385 lbs. 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 lbs. in tension and 899 lbs. 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 that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz)
cannot exceed 1200 lbs.
b. Significant concentrated loading on
the occupant’s spine, in the area
between the pelvis and shoulders
during impact, including rebound, is
not acceptable. During this type of
contact, the interval for any rearward (X
direction) acceleration exceeding 20g
must be less than 3 milliseconds as
measured by the thoracic
instrumentation specified in 49 CFR
part 572, subpart E filtered in
accordance with SAE International
(SAE) recommended practice J211/1,
‘‘Instrumentation for Impact Test—Part
1—Electronic Instrumentation.’’
c. The 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. Pelvis Criteria
Any part of the load-bearing portion
of the bottom of the ATD pelvis must
not translate beyond the edges of the
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
seat bottom seat-cushion supporting
structure.
ACTION:
Final rule; request for
comments.
6. Femur Criteria
SUMMARY:
Axial rotation of the upper leg (about
the z-axis of the femur per SAE
Recommended Practice J211/1) must be
limited to 35 degrees from the nominal
seated position. Evaluation during
rebound does not need to be considered.
7. ATD and Test Conditions
Longitudinal tests conducted to
measure the injury criteria above must
be performed with the FAA Hybrid III
ATD, as described in SAE 1999–01–
1609, ‘‘A Lumbar Spine Modification to
the Hybrid III ATD for Aircraft Seat
Tests.’’ The tests must be conducted
with an undeformed floor, at the mostcritical yaw cases for injury, and with
all lateral structural supports (e.g.,
armrests or walls) installed.
Note: Boeing must demonstrate that the
installation of seats via plinths or pallets
meets all applicable requirements.
Compliance with the guidance contained in
policy memorandum PS–ANM–100–2000–
00123, ‘‘Guidance for Demonstrating
Compliance with Seat Dynamic Testing for
Plinths and Pallets,’’ dated February 2, 2000,
is acceptable to the FAA.
8. Inflatable Airbag Restraint Systems
Special Conditions
If inflatable airbag restraint systems
are installed, the airbag systems must
meet the requirements in special
conditions 25–386–SC, or other airbag
system special conditions which are
applicable to the Boeing Model 737
series airplanes.
Issued in Des Moines, WA, on August 9,
2023.
Paul R. Siegmund,
Acting Manager, Technical Policy Branch,
Policy and Standards Division, Aircraft
Certification Service.
[FR Doc. 2023–17403 Filed 8–14–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
ddrumheller on DSK120RN23PROD with RULES1
14 CFR Part 39
[Docket No. FAA–2023–1712; Project
Identifier MCAI–2023–00821–A; Amendment
39–22523; AD 2023–16–04]
RIN 2120–AA64
Airworthiness Directives; Piaggio
Aviation S.p.A. Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
VerDate Sep<11>2014
17:10 Aug 14, 2023
Jkt 259001
FOR FURTHER INFORMATION CONTACT:
The FAA is adopting a new
airworthiness directive (AD) for certain
Piaggio Aviation S.p.A. (Piaggio) Model
P–180 airplanes. This AD was prompted
by a report of corrosion-induced
cracking on the horizontal tail trim
actuator (HTTA) fitting assembly. This
AD requires repetitively inspecting the
HTTA fitting assembly for corrosion and
cracking until the HTTA fitting
assembly is replaced with a new part.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective August 30,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of August 30, 2023.
The FAA must receive comments on
this AD by September 29, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1712; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Piaggio Aero
Industries S.p.A., P180 Customer
Support, via Pionieri e Aviatori d’Italia,
snc-16154 Genoa, Italy; phone: +39 331
679 74 93; email: technicalsupport@
piaggioaerospace.it.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at regulations.gov under Docket No.
FAA–2023–1712.
PO 00000
Frm 00018
Fmt 4700
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Mike Kiesov, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329–
4144; email: mike.kiesov@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1712;
Project Identifier MCAI–2023–00821–
A’’ at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
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 AD 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 AD,
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 they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Mike Kiesov, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2023–0122R1, dated July 5, 2023
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55359-55362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17403]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2023-1467; Special Conditions No. 25-840-SC]
Special Conditions: The Boeing Company Model 737-10 Airplane;
Dynamic Test Requirements for Single Occupant Oblique Seats With or
Without Airbags and/or 3-Point Restraints
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 737-10 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 oblique (side-facing) single-occupant
seats equipped with airbag devices or 3-point restraints. 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 August 15, 2023. Send
comments on or before September 29, 2023.
ADDRESSES: Send comments identified by Docket No. FAA-2023-1467 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
[[Page 55360]]
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.
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: John Shelden, Cabin Safety Section,
AIR-624, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3214; 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.
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
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 John Shelden,
Cabin Safety Section, AIR-624, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax 206-231-3214; email [email protected]. Comments
the FAA receives, which are not specifically designated as CBI, will be
placed in the public docket for these special conditions.
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 October 28, 2022, Boeing applied for a change to Type
Certificate No. A16WE for the installation of oblique (side-facing)
passenger seats with or without airbag devices or 3-point restraints in
the Boeing Model 737-10 series airplanes. The Boeing Model 737-10
series airplanes are twin-engine, transport category airplanes with a
maximum certified passenger capacity of up to 230, and a maximum
takeoff weight of approximately 197,900 lbs.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the Model 737-10 series airplanes,
as changed, continue to meet the applicable provisions of the
regulations listed in Type Certificate No. A16WE 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 737-10 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, the 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 737-10 series airplane must comply with
the 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 737-10 series airplane will incorporate a seating
configuration that is novel or unusual due to the installation of
oblique (side-facing) passenger seats and surrounding furniture that
introduces occupant alignment and loading concerns. These oblique seats
may be installed at an angle of 18 to 45 degrees to the aircraft
centerline and may include a 3-point restraint system and/or airbags,
for occupant restraint and injury protection.
Discussion
Title 14, Code of Federal Regulations (14 CFR) 25.785(d) requires
that each occupant of a seat that makes more than an 18 degree angle
with the vertical plane containing the airplane 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 proposed Boeing Model 737-10 airplane seat installation is
novel in that the current requirements do not adequately address
protection of the occupant's neck and spine for seating configurations
that are positioned at angles greater than 18 degrees up to and
including 45 degrees from the airplane centerline. The installation of
passenger seats at angles of 18 to 45 degrees to the airplane
centerline is unique due to the seat/occupant interface with the
surrounding furniture that introduces occupant alignment/loading
concerns with or without the installation of a 3-point or airbag
restraint system, or both.
[[Page 55361]]
In order to provide a level of safety that is equivalent to that
afforded to occupants of forward and aft facing seating, additional
airworthiness standards, in the form of new special conditions, are
necessary.
The FAA has been conducting and sponsoring research on appropriate
injury criteria for oblique (side-facing) seat installations. To
reflect current research findings, the FAA issued policy statement PS-
AIR-25-27. FAA-sponsored research has found that an un-restrained
flailing of the upper torso, even when the pelvis and torso are nearly
aligned, can produce serious spinal and torso injuries. At lower impact
severities, even with significant misalignment between the torso and
pelvis, these injuries did not occur. Tests with an FAA H-III
anthropomorphic test dummy (ATD) have identified a level of lumbar
spinal tension corresponding to the no-injury impact severity. This
level of tension is included as a limit in the special conditions. The
spine tension limit selected is conservative with respect to other
aviation injury criteria since it corresponds to a no-injury loading
condition.
As noted in the special conditions for each airbag restraint
system, because an airbag restraint system is essentially a single use
device, there is the potential that it could deploy under crash
conditions that are not sufficiently severe as to require head injury
protection from the airbag restraint system. Since an actual crash is
frequently composed of a series of impacts before the airplane comes to
rest, this could render the airbag restraint system useless if a larger
impact follows the initial impact. This situation does not exist with
energy absorbing pads or upper torso restraints, which tend to provide
protection according to the severity of the impact. Therefore, the
installation of the airbag restraint system should be such that the
airbag restraint system will provide protection when it is required,
and will not expend its protection when it is not needed.
Because these airbag restraint systems may or may not activate
during various crash conditions, the injury criteria listed in these
special conditions and in Sec. 25.562 must be met in an event that is
slightly below the activation level of the airbag restraint system. If
an airbag restraint system is included with the oblique seats, the
system must meet the requirements in one of the airbag (inflatable
restraint) special conditions applicable to the Boeing Model 737 series
airplanes. These special conditions supplement part 25 and, more
specifically, supplement Sec. Sec. 25.562 and 25.785.
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 737-10 series airplane. Should Boeing apply at a later
date for a change to the type certificate to include another 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 that 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, and
44704.
The Special Conditions
0
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 737-10 series
airplanes.
In addition to the requirements of Sec. 25.562, passenger seats
installed at an angle between 18 degrees and 45 degrees from the
aircraft centerline must meet the following:
1. Head Injury Criteria (HIC)
Compliance with Sec. 25.562(c)(5) is required, except that, if the
anthropomorphic test dummy (ATD) has no apparent contact with the seat/
structure but has contact with an airbag, a HIC unlimited score in
excess of 1000 is acceptable, provided the HIC15 score (calculated in
accordance with 49 CFR 571.208) for that contact is less than 700.
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of structure (e.g., interior wall or
furnishings) that does not provide a homogenous contact surface for the
expected range of occupants and yaw angles, then additional analysis
and tests may be required to demonstrate that the injury criteria are
met for the area that an occupant could contact. For example, if
different yaw angles could result in different airbag device
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 airbag device activated, unless there is reason to also
consider that the neck-injury potential would be higher for impacts
below the airbag-device deployment threshold.
a. The Nij (calculated in accordance with 49 CFR
571.208) must be below 1.0, where Nij = Fz/
Fzc + My/Myc, and Nij
critical values are:
i. Fzc = 1530 lbs. for tension
ii. Fzc = 1385 lbs. 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 lbs. in
tension and 899 lbs. 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 that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz) cannot exceed 1200 lbs.
b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E filtered in accordance with SAE
International (SAE) recommended practice J211/1, ``Instrumentation for
Impact Test--Part 1--Electronic Instrumentation.''
c. The 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. Pelvis Criteria
Any part of the load-bearing portion of the bottom of the ATD
pelvis must not translate beyond the edges of the
[[Page 55362]]
seat bottom seat-cushion supporting structure.
6. Femur Criteria
Axial rotation of the upper leg (about the z-axis of the femur per
SAE Recommended Practice J211/1) must be limited to 35 degrees from the
nominal seated position. Evaluation during rebound does not need to be
considered.
7. ATD and Test Conditions
Longitudinal tests conducted to measure the injury criteria above
must be performed with the FAA Hybrid III ATD, as described in SAE
1999-01-1609, ``A Lumbar Spine Modification to the Hybrid III ATD for
Aircraft Seat Tests.'' The tests must be conducted with an undeformed
floor, at the most-critical yaw cases for injury, and with all lateral
structural supports (e.g., armrests or walls) installed.
Note: Boeing must demonstrate that the installation of seats
via plinths or pallets meets all applicable requirements. Compliance
with the guidance contained in policy memorandum PS-ANM-100-2000-
00123, ``Guidance for Demonstrating Compliance with Seat Dynamic
Testing for Plinths and Pallets,'' dated February 2, 2000, is
acceptable to the FAA.
8. Inflatable Airbag Restraint Systems Special Conditions
If inflatable airbag restraint systems are installed, the airbag
systems must meet the requirements in special conditions 25-386-SC, or
other airbag system special conditions which are applicable to the
Boeing Model 737 series airplanes.
Issued in Des Moines, WA, on August 9, 2023.
Paul R. Siegmund,
Acting Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-17403 Filed 8-14-23; 8:45 am]
BILLING CODE 4910-13-P
