Interior Parts and Components Fire Protection for Transport Category Airplanes, 55941-55953 [2023-16877]
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Proposed Rules
Federal Register
Vol. 88, No. 158
Thursday, August 17, 2023
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 Parts 25, 27, 29, 91, 121, 125
and 135
[Docket No.: FAA–2019–0491; Notice No.
23–12]
RIN 2120–AK34
Interior Parts and Components Fire
Protection for Transport Category
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
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Jeff
Gardlin, AIR–20, Office of Senior
Technical Experts, Aircraft Certification
Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, WA 98198;
telephone (206) 231–3146; email
Jeff.Gardlin@faa.gov.
FOR FURTHER INFORMATION CONTACT:
In Notice 19–09, published on
July 3, 2019, the FAA proposed to
amend certain regulations for fire
protection of interior compartments on
transport category airplanes. Based on
certain comments received, the FAA is
providing additional information on its
proposed elimination of a smoke
emissions testing requirement. The FAA
is also changing its calculations related
to the proposed rule’s costs and
benefits. This notice offers interested
persons an opportunity to comment on
these changes.
DATES: Send comments on or before
October 2, 2023.
ADDRESSES: Send comments identified
by docket number FAA–2019–0491
using any of the following methods:
• Federal eRulemaking Portal: Go to
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
SUMMARY:
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: In accordance with 5 U.S.C.
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the 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.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in title 49 of the
United States Code. Subtitle I, section
106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart III, section 44701,
‘‘General Requirements.’’ Under that
section, the FAA is charged with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
and minimum standards for the design
and performance of aircraft that the
Administrator finds necessary for safety
in air commerce. This regulation is
within the scope of that authority. It
revises the safety standards for the
flammability characteristics, and thus
the design, material, and construction,
of transport category airplanes.
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I. Background
A. Summary of Prior Notice of Proposed
Rulemaking (NPRM)
On July 3, 2019, the FAA published
in the Federal Register an NPRM titled
‘‘Interior Parts and Components Fire
Protection for Transport Category
Airplanes’’ (84 FR 31747). In the NPRM,
the FAA proposed to amend certain
airworthiness regulations for fire
protection of interior compartments on
transport category airplanes. The
proposal would convert those
flammability regulations from detailed,
prescriptive requirements into simpler,
performance-based standards. The
proposal would divide these standards
into two categories: those designed to
protect the airplane and its occupants
from the hazards of in-flight fires, and
those designed to protect the airplane
and its occupants from the hazards
caused by post-crash fires. In addition,
the proposal would remove test
methods, including heat release and
smoke emissions tests, from the
regulations, replacing them with
performance-based requirements.
B. Response to Public Comments on
Proposed Replacement of Smoke
Emissions Test Requirement With
Performance-Based Standards
The FAA received several comments
on its proposal to remove the smoke
emissions test as a requirement for
compliance with the proposed
performance-based standard of
§ 25.853(d)(2). As noted in the NPRM,
proposed § 25.853(d) would provide a
general standard that the airplane’s
parts, components, and assemblies
maintain survivable cabin conditions for
enough time to allow evacuation. For
large surfaces in the passenger cabin,
the specific survivability requirement
would be dependent on the passenger
capacity of the proposed airplane,
because emergency egress is generally
much faster on smaller airplanes. For
airplanes with 19 passengers or less,
proposed § 25.853(d)(1) would require
each large surface in the passenger cabin
to be self-extinguishing when exposed
to a small flame for at least 60 seconds.
For airplanes with a passenger capacity
of 20 passengers or more, proposed
§ 25.853(d)(2) would require, with
limited exception, that each large
surface in the passenger cabin resist
involvement in a post-crash fuel fire
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that has entered the fuselage. For the
purposes of this requirement, ‘resist
involvement’ would mean that, when
exposed to a post-crash fuel fire, the
thermal decomposition of the affected
materials would not produce cabin
conditions that would prevent or delay
egress, in a time less than egress would
otherwise occur.
The traditional means of measuring
this capability, and thus the FAA’s
regulatory requirement in appendix F,
has been to conduct two tests: an
examination of the material’s heat
release, due to the nexus of heat release
with flashover,1 as well as of its smoke
emissions, since heavy smoke could
similarly prevent timely egress. As
discussed in the NPRM, the FAA has
concluded that, for traditional
(previously approved) materials and
material systems, for which compliance
data already exists, heat release test
results alone would be sufficient to
determine that the material resists
involvement in a post-crash fire.
As with all the requirements in
§ 25.853, applicants must currently
show compliance via a specific (smoke
emissions) test set forth in part V of
appendix F of part 25, title 14, Code of
Federal Regulations (14 CFR).
SABIC, GBH International, Airbus,
and several individuals disagreed with
the FAA’s statement in the NPRM that
the smoke emissions test requirement
had not been shown to have contributed
to fire safety in an actual accident.2
These commenters said that because the
smoke emissions test has long been a
requirement, there is no way to know
whether it has contributed to fire safety.
These commenters noted that some
materials will pass the heat release tests
but fail the smoke emissions test, and
therefore cannot be used under current
regulations. These commenters asserted
that the proposed rule would permit
these materials’ use, with an unknown
effect on safety.
Airbus, Boeing, and the International
Coordinating Council of Aerospace
Industries Associations objected to the
NPRM’s assertion that, since the smoke
emissions test was in use by industry
before it became a regulatory
requirement, it would likely continue to
be used, to some extent, after it was no
longer required.3 These commenters
1 See, e.g., The Case for Relating Flashover to
Heat Release Rate Measurements on Cabin
Materials, Fire Safety Branch, FAA Technical
Center (Apr. 2, 1986), available at https://
www.fire.tc.faa.gov/pdf/fsr-0338.pdf and in the
docket.
2 Interior Parts and Components Fire Protection
for Transport Category Airplanes; NPRM. 84 FR
31752 (July 3, 2019).
3 Ibid, 84 FR 31753.
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stated that airplane manufacturers
would have no incentive to continue to
conduct the smoke emissions test, if the
FAA determined that it did not add to
safety. SABIC, GHB International, and
the Airline Pilots Association opined
that smoke was a survivability factor in
the post-crash environment, and
therefore that the FAA should retain a
requirement that applicants conduct a
smoke emissions test.
Regarding the contribution of the
smoke emissions test to fire safety, the
FAA’s statement in the NPRM referred
to the lack of correlation, in full-scale
fire tests, between that particular test
and survivability.4 Although the FAA
considers the presence of smoke to be a
significant survivability factor in a postcrash fire, as discussed in the NPRM it
is the smoke emission test results that
have not been shown to have clear
correlation to survivability. Also, a
prescriptive smoke emissions test
requirement in addition to a heat release
test requirement will screen out
materials that either test, by itself,
would not. The key question, for this
issue in this proposed rulemaking, is the
extent to which screening out those
additional materials contributes to
occupant survivability in an actual postcrash fire; or whether the effect of a
regulatory requirement to conduct both
types of tests is solely to limit the
options available to applicants. Since
some of the comments questioning
whether applicants would voluntarily
conduct a smoke emissions test came
from those manufacturers, the FAA
agrees that its estimate of continued
voluntary usage of the smoke emissions
test by industry was likely incorrect.
The NPRM described the heat release
rate (HRR) test as a compliance method
that would be available to meet
proposed § 25.853(d)(2).5 That section
would require that materials resist
involvement in a post-crash fire to the
extent that survivability would not be
affected. The NPRM also stated,
however, that ‘‘if data from the HRR
testing does not ensure the post-crash
fuel fire performance of a given
material, an applicant could show
compliance via another means.’’ 6 With
this supplemental notice of proposed
rulemaking (SNPRM), the FAA provides
additional information on methods of
showing compliance.
For existing material systems,7 and
traditional aircraft parts (i.e., those that
4 Ibid,
84 FR 31752.
84 FR 31753.
6 Ibid, 84 FR 31753.
7 A ‘‘material system’’ is the underlying chemistry
and associated processes to produce specific
materials.
5 Ibid,
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have already passed the smoke
emissions test previously in appendix F,
part V), successful HRR test results
alone would be sufficient to show that
the material resists involvement in a
post-crash fire, per § 25.853(d)(2).
Applicants proposing a design that
incorporates a new material or material
system that has not been previously
approved by the FAA, and thus for
which no compliance data exists, would
need to provide more data in order to
show survivability. Results showing
passage of only the HRR test would not
be sufficient, and applicants would
need to provide an assessment of the
material’s smoke emissions
characteristics. However, since the
current regulatory requirement is to use
both smoke emissions and heat release
test results to determine whether a
material sufficiently resists involvement
in a post-crash fire, and since the intent
of this proposal is not to change the
level of safety in this regard, for such
wholly new materials the FAA would
accept a compliance demonstration that
includes an assessment of both heat
release and smoke emissions test
results.
Applicants could also combine
successful HRR test results with a
showing that the new material’s smoke
emissions characteristics are consistent
with the characteristics of parts for
which there is already approved data.
As explained below, an applicant could
show that the new material does not
have distinctly different characteristics
than materials that have already been
found to meet the current smoke
emissions test in part V of appendix F.
To assist applicants’ use of smoke
emission data as part of their showing
of survivability, the FAA has updated,
and placed in the docket for comment
with this SNPRM, draft Advisory
Circular (AC) 25.853–1A. That draft AC
references the FAA’s development of a
modification to the apparatus defined in
chapter A4 DOT/FAA/TC–17/55,
‘‘Aircraft Materials Fire Test
Handbook,’’ Revision 3, dated June
2019. Chapter A4 includes a test known
as the ‘‘HR2’’. This modification to the
test apparatus uses a method of
continuously assessing smoke with
lasers, and accounts for the total smoke
emission over the course of the test.8
In the method provided by the draft
AC, an applicant could use a proposed
material’s smoke emissions
8 Passage of the HR2 test will not be required to
demonstrate a new materials’ smoke emissions
characteristics. As described in the draft AC,
applicants would also be able to use the currently
required test from the appendix F, part V; the test
method in chapter 6 of DOT/FAA/AR–00/12; or
another FAA-accepted test.
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characteristics as part of the required
showing of survivability if the proposed
material generated less than 25 percent
more smoke than a material that the
FAA previously approved based upon
the applicant’s showing of compliance
with the smoke test in part V of
appendix F.9
Since applicants do not yet have data
from the HR2 regarding smoke
emissions, they would be able to gather
that information outside of formal
(project-specific) certification testing, as
long as the applicant has a defined
process that is accepted by the FAA.
Given that applicants have little
experience with the new HR2, they will
likely be conducting non-certification
tests to gain that experience. The FAA
estimates that the costs of gathering this
data, and submitting it in future
projects, would be minimal. In addition,
the FAA would welcome the
opportunity to evaluate candidate
materials for which the smoke
emissions performance is in question.
Any such evaluation would result in deidentified publicly available data, of
potential benefit to all applicants.
The FAA is also making changes to
the way costs and benefits are assessed
based on the forecast for new type
certificates, and deliveries under those
certificates. The FAA also made minor
punctation corrections to the proposed
revisions to the conforming operational
rules.
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C. Need for Supplemental Notice of
Proposed Rulemaking (SNPRM)
This SNPRM is needed since the FAA
is proposing to change some of its cost
and benefit calculations, and explaining
certain methods of compliance that
would use an assessment of smoke
emissions to show compliance. This
SNPRM offers the public opportunity to
comment on the assumptions and
criteria the FAA is using in advance of
a final rule.
II. Discussion of Supplemental
Proposals
As previously discussed, there are no
changes to the regulatory proposals.
Since the proposed requirements are
performance-based, the effect is entirely
on the method of compliance to meet
one of the proposals in light of
comments received.
9A
difference of 25 percent or more smoke than
an approved material would prompt the need to
further investigate, and demonstrate, the
survivability performance of the new material.
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III. Regulatory Notices and Analyses
A. Regulatory Evaluation
Federal agencies consider impacts of
regulatory actions under a variety of
executive orders and other
requirements. First, Executive Order
12866 and Executive Order 13563, as
amended by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),
direct that each Federal agency shall
propose or adopt a regulation only upon
a reasoned determination that the
benefits of the intended regulation
justify the costs. Second, the Regulatory
Flexibility Act of 1980 (Pub. L 96–354)
requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act (Pub. L. 96–39)
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
that may result in the expenditure by
State, local, and Tribal governments, in
the aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation) in any one year. The
current threshold after adjustment for
inflation is $177 million using the most
current (2022) Implicit Price Deflator for
the Gross Domestic Product. [The FAA
has provided a detailed Regulatory
Impact Analysis (RIA) in the docket for
this rulemaking.] This portion of the
preamble summarizes the FAA’s
analysis of the economic impacts of this
rule.
In conducting these analyses, the FAA
has determined that this rule: will result
in benefits that justify costs; is not an
economically ‘‘significant regulatory
action’’ as defined in section 3(f) of
Executive Order 12866, as amended;
will not have a significant economic
impact on a substantial number of small
entities; will not create unnecessary
obstacles to the foreign commerce of the
United States; and will not impose an
unfunded mandate on State, local, or
Tribal governments, or on the private
sector. These analyses are summarized
below.
1. Summary of Costs and Benefits
The SNPRM is in response to the
following changes to the RIA. The
analysis for the NPRM RIA included the
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impacts of the rule on U.S.
manufacturers selling airplanes in the
U.S. but did not include impacts to
foreign operators and foreign
manufacturers. This SNPRM analysis
adds the impacts of the rule on U.S.
manufacturers selling airplanes to
foreign operators, and foreign
manufacturers selling airplanes to U.S.
operators. The NPRM also assumed that
all new type certificates would be
issued at the start of the analysis. The
SNPRM is being updated to better
reflect a more realistic schedule for the
introduction of new type certificates
into the fleet. In this analysis, the
introduction of new type certificates are
spaced over the time horizon of the
analysis rather than all occurring at the
start of the time horizon.
By extending fire protection
requirements to any extensively used
material located in inaccessible areas,
the proposal is likely to be beneficial in
reducing the likelihood of a fatal
accident. Over a 20-year period of
analysis, the FAA estimates the total
present value cost savings of this
SNPRM to be $121.4 million at a seven
percent discount rate, with annualized
cost savings of $11.7 million. The cost
savings would result from the
elimination and streamlining of some
tests, which would be made possible by
the extension of fire protection
requirements to inaccessible areas. Over
the same 20-year period, the FAA
estimates the total present value costs of
this SNPRM to be $107.6 million at a
seven percent discount rate, with
annualized costs of $10.4 million due to
the extension of fire protection
requirements to extensively used
material in inaccessible areas. A full
explanation of how these costs and cost
savings were estimated may be found in
the regulatory impact assessment
accompanying this SNPRM. The present
value net cost savings (cost savings
minus cost) is $13.8 million, with
annualized net cost savings of $1.3
million. The following tables summarize
the costs and cost savings of this
proposed rule for U.S. manufacturers,
foreign manufacturers delivering to U.S.
operators and then the total for both
U.S. manufacturers and foreign
manufacturers (delivering to U.S.
operators).
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U.S. MANUFACTURERS 10—TOTAL COSTS AND COST SAVINGS
[2020 $]
19-Year total present value
7%
3%
Annualized
7%
3%
Cost Savings ....................................................................................................
Costs ................................................................................................................
$91,083,070
56,081,338
$142,741,271
74,600,557
$8,812,562
5,426,039
$9,965,322
5,208,154
Total Net Cost Savings ............................................................................
35,001,732
68,140,714
3,386,523
4,757,168
FOREIGN MANUFACTURERS 11—TOTAL COSTS AND COST SAVINGS
[2020 $]
19-Year total present value
7%
3%
Annualized
7%
3%
Cost Savings ....................................................................................................
Costs ................................................................................................................
$30,317,272
51,520,339
$47,104,659
62,218,084
$2,933,287
4,984,748
$3,288,559
4,343,686
Total Net Cost Savings ............................................................................
¥21,203,067
¥15,113,425
¥2,051,461
¥1,055,127
TOTAL COSTS AND COST SAVINGS
[2020 $]
Total U.S. (1) and foreign manufacturers (2) net cost savings
20-Year total present value
7%
3%
Annualized
7%
3%
Cost Savings ....................................................................................................
Costs ................................................................................................................
$121,400,342
107,601,677
$189,845,930
136,818,641
$11,745,849
10,410,787
$13,253,881
9,551,840
Total Net Cost Savings ............................................................................
13,798,665
53,027,288
1,335,062
3,702,041
(1) Includes deliveries by U.S. manufacturers to U.S. operators and to foreign operators (2) Includes deliveries by foreign manufacturers to
U.S. operators.
2. Who is potentially affected by this
proposed rule?
Manufacturers of part 25 transport
category airplanes would be potentially
affected by the proposed rule.
3. Assumptions
• Totals converted to 2020 constant
dollars.12
• Time horizon for analysis 20
years.13
• Fifty percent of the $42.8 million
annual costs for smoke emissions testing
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10 Includes
U.S. manufacturers delivering to U.S.
and foreign operators.
11 Includes costs for foreign manufacturers
deliveries to U.S. operators.
12 Costs were converted to 2020 dollars from 2015
dollars to be compliant with OMB guidance.
Conversion used Bureau of Economic Analysis—
Line 1 Gross Domestic Product from Table 1.1.9.
Implicit Price Deflators for Gross Domestic Product,
last revised on March 25, 2021.
13 A 20-year time horizon was chosen to be
inclusive of the 19-year production cycle for large
and the 15-year production cycle for small transport
category airplanes.
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is incurred by domestic airplane
manufacturers.14
• Seventeen percent 15 of the $42.8
million annual costs for smoke
emissions testing is incurred by nonU.S. manufacturers delivering airplanes
to U.S. operators.
• Cost savings from eliminating
smoke emissions tests would increase
linearly to the level of the current cost
savings over 25 years.16
• One U.S. manufacturer of large and
one U.S. manufacturer of other transport
category aircraft.
• One foreign manufacturer of large
and two foreign manufacturers of other
transport category aircraft.
14 Fifty percent is an estimate of the share of the
worldwide transport airplane market held by U.S.
manufacturers.
15 Seventeen percent is an estimate of the share
of deliveries of the worldwide transport airplane
market from foreign manufacturers to U.S.
operators, obtained from the fleet analyzer database.
16 Based on manufacturer recommendation.
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U.S. Manufacturers Delivering to U.S.
Operators
Large Transport Category Airplanes 17
• Four type certificates over 20 years
• 27 airplanes delivered annually per
TC
• 19-year production run
Other Transport Category Airplanes 18
• Three type certificates over 15 years
• 21 airplanes delivered annually per
TC
• 15-year production run
U.S. Manufacturers Delivering to
Foreign Operators 19
Large Transport Category Airplanes
• Four type certificates over 20 years
• 35 aircraft delivered annually per TC
• 19-year production run
17 Based on FAA analysis of Boeing data, OAG
Aviation Solutions Fleet Database, FAA Type
Certificate Data Sheet database.
18 Other transport category airplanes are
manufactured under part 25 and are other than
large transport category airplanes.
19 See appendix A for derivation of deliveries.
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Other Transport Category Airplanes
• Three type certificates over 15 years
• 14 airplanes delivered annually per
TC
• 15-year production run
Foreign Manufacturers Delivering to
U.S. Operators
Large Transport Category Airplanes
• Two type certificates over 20 years
• 16 airplanes delivered annually per
TC
• 19-year production run
Other Transport Category Airplanes
• Five type certificates over 15 years
• 10–15 airplanes delivered annually
per TC
• 15-year production run
4. Benefits of the Rule
The proposed new safety
requirements to extend the fire
protection requirements to any
extensively used material 20 located in
inaccessible areas would result in a
safety benefit by reducing the likelihood
of a fatal accident from a fire in an
inaccessible area. This benefit was not
quantified. Even though there has not
been a catastrophic in-flight fire of a
passenger-carrying airplane since the
Swissair accident in 1998, the
continued occurrence of in-flight fire
incidents and the growing number of
devices using lithium-ion batteries
increase the risk of a catastrophic
accident, a risk that this proposal would
reduce.
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5. Costs of This Proposed Rule
Over a 20-year period of analysis, the
FAA estimates the total present value
costs of this proposed rule to be $107.6
million at a seven percent discount rate,
with annualized costs of $10.4 million,
which would result from extending the
standards developed for thermal/
acoustic insulation to all extensively
used materials in inaccessible areas. A
full explanation of how these costs were
estimated may be found in the
regulatory impact analysis
accompanying this SNPRM.
Over the same 20-year period, the
FAA estimates the total quantified cost
savings of this proposed rule to be
$121.4 million at a seven percent
discount rate, with annualized cost
savings of $11.7 million. The cost
savings would result from the
elimination and streamlining of some
20 Extensively used materials, for the purpose of
this rulemaking, means any parts or system of parts
that could permit a fire to propagate and grow to
a hazardous level, for example, air ducting,
electrical wiring/sleeving, thermal/acoustic
insulation, and composite fuselage structure.
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tests, which would be made possible by
the extension of fire protection
requirements to inaccessible areas. The
total net cost savings of the proposed
rule at a seven percent discount rate
would be $13.8 million, with
annualized net cost savings of $1.3
million.
6. Minimal to No Cost Provisions
Including Conforming Changes
Numerous provisions within this
proposal would result in minimal to no
cost to possibly small cost savings.
These include provisions that continue
to accept previous test methods or
current systems in addition to proposing
new ones, those that maintain current
requirements or current practice, and
small edits to maintain consistency with
the current rule. Also included are
conforming changes to parts 27, 29, 121,
125, 135, and appendix L to part 121.
These sections make reference to, or
require testing in accordance with,
certain sections of appendix F to part
25. Because sections of appendix F
would be removed, some changes refer
to the new location of the requirements.
For airplanes type certificated in
accordance with the proposed
requirements, this change would enable
them to be in compliance with the
operating rules, while allowing aircraft
manufactured under existing type
certificates and the current fleet to
comply with the old requirements.
Therefore, this proposed rule would
impose no retrofit requirements on the
current fleet or a production cut-in to
aircraft manufactured under existing
type certificates. Consequently, these
provisions would impose minimal to no
cost. Please see the RIA available in the
docket for more details.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA)
of 1980, Public Law 96–354, 94 Stat.
1164 (5 U.S.C. 601–612), as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857, Mar. 29,
1996) and the Small Business Jobs Act
of 2010 (Pub. L. 111–240, 124 Stat. 2504
Sept. 27, 2010), requires Federal
agencies to consider the effects of the
regulatory action on small business and
other small entities and to minimize any
significant economic impact. The term
‘‘small entities’’ comprises small
businesses and not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The FAA is publishing this Initial
Regulatory Flexibility Analysis (IRFA)
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55945
to aid the public in commenting on the
potential impacts to small entities from
this proposal. The FAA invites
interested parties to submit data and
information regarding the potential
economic impact that would result from
the proposal. The FAA will consider
comments when making a
determination or when completing a
Final Regulatory Flexibility Analysis.
Under section 603 (b) and (c) of the
RFA, an IRFA must contain the
following:
(1) A description of the reasons why
the action by the agency is being
considered;
(2) A succinct statement of the
objective of, and legal basis for, the
proposed rule;
(3) A description of and, where
feasible, an estimate of the number of
small entities to which the proposed
rule will apply;
(4) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent
practicable, of all relevant Federal rules
that may duplicate, overlap, or conflict
with the proposed rule; and
(6) A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
1. Reasons the Action Is Being
Considered
The FAA is issuing this proposal to
simplify flammability regulations and
provide a higher level of safety for
transport category airplanes. The
current regulations are complicated,
sometimes conflicting, sometimes
redundant, occasionally incomplete,
and may be obsolete for dealing with
present-day proposed airplanes.
Simplifying these regulations can lead
to cost savings.
A key safety benefit of this proposal
is the extension of fire protection
requirements to any extensively used
material located in inaccessible areas.
FAA research found airplanes are at risk
due to flammable materials in
inaccessible areas. FAA testing has
indicated that typical in-service ducts
can quickly spread fire from a small fire
source in an inaccessible area, while
ducts that would meet the new
requirement can resist that small size
fire and not propagate flames. Also, due
to the rapidly increasing number of
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events due to lithium battery fires, the
chances of a lithium battery fire in the
cabin getting to an inaccessible area are
increasing.
2. Objectives and Legal Basis of the
Proposed Rule
The FAA’s authority to issue rules on
aviation safety is found in title 49 of the
United States Code. Subtitle I, section
106 describes the authority of the FAA
Administrator. Subtitle VII, Aviation
Programs, describes in more detail the
scope of the agency’s authority.
This rulemaking is issued under the
authority described in subtitle VII, part
A, subpart III, section 44701, ‘‘General
Requirements.’’ Under that section, the
FAA is charged with promoting safe
flight of civil aircraft in air commerce by
prescribing regulations and minimum
standards for the design, material,
construction, quality of work, and
performance of aircraft that the
Administrator finds necessary for safety
in air commerce. This proposed
regulation is within the scope of that
authority. It would revise the safety
standards for the flammability
characteristics, and thus the design,
material, and construction, of transport
category airplanes.
ddrumheller on DSK120RN23PROD with PROPOSALS1
3. All Federal Rules That May
Duplicate, Overlap, or Conflict
There are no relevant Federal rules
that may duplicate, overlap, or conflict
with the proposed rule.
4. Description and Estimate of the
Number of Small Entities
The FAA used the definition of small
entities in the RFA for this analysis. The
RFA defines small entities as small
businesses, small governmental
jurisdictions, or small organizations. In
5 U.S.C. 601(3), the RFA defines ‘‘small
business’’ to have the same meaning as
‘‘small business concern’’ under section
3 of the Small Business Act. The Small
Business Act authorizes the Small
Business Administration (SBA) to
define ‘‘small business’’ by issuing
regulations.
SBA (2023) has established size
standards for various types of economic
activities, or industries, under the North
American Industry Classification
System (NAICS).21 These size standards
generally define small businesses based
on the number of employees or annual
receipts.
This proposal would affect U.S.
manufacturers of part 25 transport
category airplanes requesting a new or
21 Small Business Administration (SBA). 2023.
Table of Size Standards. Effective Mar 17, 2023.
Accessible at www.sba.gov/document/support-table-size-standards.
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amended type certificate. According to
the small business administration, the
size standard for aircraft manufacturers
(NAICS code 336411) to be considered
a small business is 1,500 employees or
less. None of the manufacturers who
manufacture transport category
airplanes have fewer than 1,500
employees; therefore, none of them are
small businesses.
The proposal might also indirectly
affect businesses that modify transport
category airplanes. At this time, the
FAA has not identified any affected
small entities without larger U.S. or
foreign ownership or business
relationships. The FAA requests
comments on this finding.
5. Projected Reporting, Recordkeeping,
and Other Compliance Requirements
Requirements are governed by 14 CFR
part 21 and are not changing with this
proposal. Applicants are required to
show compliance under § 21.20, and
this will continue to apply. Therefore,
the proposal would not impose
additional reporting, recordkeeping, or
other compliance requirements on small
entities.
6. Significant Alternatives Considered
The FAA considered two alternatives
to the proposed rule. The first
alternative was to not make any changes
to the fire protection requirements. This
would leave in place complicated,
sometimes conflicting, sometimes
redundant, occasionally incomplete,
and potentially obsolete regulations.
Cost savings would not be achieved.
This alternative would also not extend
fire protection requirements to
extensively used materials located in
inaccessible areas. This would leave
airplanes at risk due to flammability
materials in inaccessible areas.
The FAA also considered making only
some of the proposed changes; however,
this would provide limited benefit and
no safety improvement. This is because
the significant safety improvements
facilitate the significant simplifications
in the proposal. Without the safety
enhancements, the amount of
simplification would be limited. If the
FAA proposed only the safety
enhancements, the resulting cost would
be difficult to quantitatively balance
against the resulting safety
improvement. The proposal intends to
achieve a significant reduction in costs
and simplify the requirements, while
substantively improving safety.
The FAA expects this proposal would
not result in a significant economic
impact on a substantial number of small
entities.
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C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
The FAA has assessed the potential
effect of this proposed rule and
determined that it does not exclude
imports that meet the safety objective.
As a result, this proposed rule is not
considered as creating an unnecessary
obstacle to foreign commerce.
The proposed rule would impose the
same costs and cost savings on domestic
and international manufacturers selling
airplanes to airlines that wish to operate
within the United States because U.S.registered transport category airplanes
must comply with part 25 in order to be
operated within the United States.
Therefore, the same cost relief would
accrue to all manufacturers selling
airplanes to airlines operating within
the U.S. However, the effect this
proposed rule would have on sales of
domestically produced airplanes
relative to airplanes produced by foreign
companies to airlines operating abroad
and not in the U.S. might be either an
advantage due to cost savings or a
disadvantage due to increased costs,
depending on the standards to which
foreign airplanes are manufactured.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) governs
the issuance of Federal regulations that
require unfunded mandates. An
unfunded mandate is a regulation that
requires a state, local, or Tribal
government or the private sector to
incur direct costs without the Federal
government having first provided the
funds to pay those costs. The FAA
determined that the proposed rule will
not result in the expenditure of
$177,000,000 or more by State, local, or
Tribal governments, in the aggregate, or
the private sector, in any one year.
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This proposed rule does not contain
such a mandate; therefore, the
requirements of title II of the Act do not
apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public. The
FAA has determined that there would
be no new requirement for information
collection associated with the
previously published NPRM or this
SNPRM.
F. International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization (ICAO) Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has determined that there are no ICAO
Standards and Recommended Practices
that correspond to these proposed
regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6 and involves no
extraordinary circumstances.
IV. Executive Order Determinations
ddrumheller on DSK120RN23PROD with PROPOSALS1
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
would not have a substantial direct
effect on the States, or the relationship
between the Federal Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, and,
therefore, would not have federalism
implications.
B. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Consistent with Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,22 and
FAA Order 1210.20, American Indian
and Alaska Native Tribal Consultation
22 65
FR 67249 (Nov. 6, 2000).
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Policy and Procedures,23 the FAA
ensures that Federally Recognized
Tribes (Tribes) are given the opportunity
to provide meaningful and timely input
regarding proposed Federal actions that
have the potential to affect uniquely or
significantly their respective Tribes. At
this point, the FAA has not identified
any unique or significant effects,
environmental or otherwise, on Tribes
resulting from this proposed rule.
C. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
D. International Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
promotes international regulatory
cooperation to meet shared challenges
involving health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the proposals in this document. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenters
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
23 FAA Order No. 1210.20 (Jan. 28, 2004),
available at https://www.faa.gov/documentLibrary/
media/1210.pdf.
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55947
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
Proprietary or Confidential Business
Information: Do not file proprietary or
confidential business information in the
docket. Such information must be sent
or delivered directly to the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
document, and marked as proprietary or
confidential. If submitting information
on a disk or CD ROM, mark the outside
of the disk or CD ROM, and identify
electronically within the disk or CD
ROM the specific information that is
proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. It is held in a
separate file to which the public does
not have access, and the FAA places a
note in the docket that it has received
it. If the FAA receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
552). The FAA processes such a request
under Department of Transportation
procedures found in 49 CFR part 7.
B. Availability of Rulemaking
Documents
An electronic copy of a rulemaking
document may be obtained by using the
internet—
1. Search the Federal eRulemaking
Portal (www.regulations.gov);
2. Visit the FAA’s Regulations and
Policies web page at www.faa.gov/
regulations_policies/; or
3. Access the Government Printing
Office’s web page at www.GovInfo.gov.
Copies may also be obtained by
sending a request (identified by notice
or docket number of this rulemaking) to
the Federal Aviation Administration,
Office of Rulemaking, ARM–1, 800
Independence Avenue SW, Washington,
DC 20591, or by calling (202) 267–9680.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the internet through the Federal
eRulemaking Portal referenced in item
(1) above.
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List of Subjects
14 CFR Part 25
Aircraft, Aviation safety, Navigation
(air), Reporting and recordkeeping
requirements.
14 CFR Part 27
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 29
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 91
Afghanistan, Agriculture, Air carriers,
Air taxis, Air traffic control, Aircraft,
Airmen, Airports, Alaska, Aviation
safety, Canada, Charter flights, Cuba,
Drug traffic control, Ethiopia, Freight,
Iraq, Libya, Mexico, Noise control,
North Korea, Political candidates,
Reporting and recordkeeping
requirements, Security measures,
Somalia, Syria, Transportation,
Yugoslavia.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Charter flights,
Drug abuse, Drug testing, Reporting and
recordkeeping requirements, Safety,
Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation Safety,
Reporting and recordkeeping
requirements.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol
abuse, Aviation Safety, Drug abuse,
Drug testing, Reporting and
recordkeeping requirements.
The Proposed Amendments
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR as follows:
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
1. The authority citation for part 25
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702 and 44704.
2. Amend Special Federal Aviation
Regulation No. 109 to part 25 by
revising paragraphs 12 and 14(e) to read
as follows:
■
Special Federal Aviation Regulation
No. 109
*
*
*
*
*
12. Materials for Compartment
Interiors. An applicant must comply
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with the applicable provisions of
§ 25.853, except that demonstration of
compliance with § 25.853(d)(2) is not
required if the applicant can show by
test, or a combination of test and
analysis, that the maximum time for
evacuation of all occupants does not
exceed 45 seconds under the conditions
specified in appendix J to part 25.
*
*
*
*
*
14. * * *
(e) The surfaces of the galley
surrounding the cooktop that would be
exposed to a fire on the cooktop surface
or in cookware on the cooktop must be
constructed of materials that comply
with the flammability requirements of
§ 25.853(c)(2)(ii). This requirement is in
addition to the flammability
requirements typically required of the
materials in these galley surfaces.
During the selection of these materials,
an applicant must account for the
flammability characteristics of the
materials to ensure these characteristics
will not be adversely affected by the use
of cleaning agents and utensils used to
remove cooking stains.
*
*
*
*
*
■ 3. Revise § 25.853 to read as follows:
§ 25.853 Interior parts and components
fire protection.
(a) Each airplane part, component,
and assembly must protect the airplane
and its occupants from in-flight and
post-crash fire threats. For the purposes
of this section an airplane part,
component, or assembly is one that is
located within, and including, the
fuselage.
(b) Except as provided in paragraph
(e) of this section, an applicant must
conduct tests to show compliance with
paragraphs (c) and (d) of this section.
Except as provided in paragraph
(c)(1)(ii) of this section, for any tests
used to show compliance, the applicant
must use a minimum of three specimen
sets.
(c) In-flight requirements. During an
in-flight fire, the flammability
characteristics of each part, component,
and assembly must not present a hazard
to the occupants and must not prevent
the continued safe flight and landing of
the airplane.
(1) Accessible areas.
(i) Each part, component, and
assembly that is accessible to the
flightcrew during flight must be selfextinguishing when exposed to a small
flame.
(ii) Each receptacle used for the
disposal of flammable waste material
must be fully enclosed, constructed of
materials that resist penetration from a
small ignition source, and must contain
fires likely to occur in it under normal
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use. At least one test must show the
capability of the receptacle to contain
those fires under all probable conditions
of wear, misalignment, and ventilation
expected in service.
(iii) Each ceiling and sidewall liner of
a Class B cargo compartment must resist
penetration by a small flame.
(2) Inaccessible areas.
(i) Each extensively used airplane
part, component, and assembly that is
not accessible to the flightcrew during
flight but that could be subjected to an
in-flight fire must not propagate the
largest fire that, by itself, would not be
a hazard to the airplane.
(ii) Each ceiling and sidewall liner of
a Class F cargo compartment, if installed
to meet the requirements of
§ 25.855(b)(2), and of a Class C cargo
compartment must resist penetration by
a fire within that compartment and must
protect the airplane’s structure and
critical systems from the effects of that
fire.
(iii) Each ceiling and sidewall liner of
a Class E cargo compartment must resist
penetration by a fire within that
compartment and must protect the
airplane’s structure and critical systems
from the effects of that fire, unless the
design provides a means other than a
liner that protects the airplane’s
structure and critical systems from the
effects of that fire.
(iv) The floor liner of any class of
cargo compartment, and any ceiling and
sidewall liner of a Class E cargo
compartment, must resist penetration by
a small flame.
(v) All other parts, components, and
assemblies that are not accessible by the
flightcrew during flight must be selfextinguishing when exposed to a small
flame or electrical arc.
(d) Post-crash requirements. During a
post-crash fuel fire, the flammability
characteristics of each part, component,
and assembly must maintain survivable
cabin conditions for enough time to
allow evacuation.
(1) For airplanes with a passenger
capacity of 19 or less, each large surface
in the passenger cabin must be selfextinguishing when exposed to a small
flame for at least 60 seconds.
(2) For airplanes with a passenger
capacity of 20 or more, each large
surface in the passenger cabin must
resist involvement in a post-crash fuel
fire that has entered the fuselage,
except:
(i) A large surface, no part of which
is more than 15″ above the floor, need
not comply with paragraph (d)(2) of this
section if it is located in such a manner
that it would not be directly exposed to
the effects of a post-crash fuel fire.
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ddrumheller on DSK120RN23PROD with PROPOSALS1
(ii) A large surface in the interior of
a compartment other than a cargo or
baggage compartment need not comply
with paragraph (d)(2) of this section if
the interior of the compartment is
isolated from the main passenger cabin
by doors or equivalent means that
would normally be closed during taxi,
takeoff, and landing.
(3) Each cushion used to support the
occupant of a seat or berth must resist
involvement in a post-crash fuel fire
that has entered the airplane, and must
not propagate that fire.
(4) In addition to resisting
involvement in a post-crash fuel fire
that has entered the airplane, each
flammable metal must be readily
extinguishable.
(5) The design must ensure the
continued function of all escape systems
when those systems are exposed to the
effects of radiant heat from a post-crash
fuel fire.
(e) Exceptions. A part, component,
and assembly does not require testing to
meet the requirements specified in
paragraph (c) or (d) of this section if it
meets the criteria of at least one of the
following classes:
(1) Class 1. Parts, components, and
assemblies that would each fit within a
cube measuring two inches on each side
and are sufficiently separated from the
same type of part, component, or
assembly such that collectively they
will not propagate a fire.
(2) Class 2. Parts, components, and
assemblies that are not extensively used,
are made from materials that are selfextinguishing, do not individually
exceed a volume of 113 cubic inches,
have an exposed surface area not
exceeding 200 square inches, and do not
propagate a flame vertically.
(3) Class 3. Parts, components, and
assemblies that applicants can show,
through a method acceptable to the
Administrator, are a size, construction,
or location that their flammability
characteristics do not threaten the
airplane or its occupants.
(4) Class 4. Parts, components, and
assemblies that are essential to the
safety of the airplane, its occupants, or
the functionality of the airplane and
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cannot reasonably be constructed of a
less flammable material without
compromising the integrity or
functionality of that part, component, or
assembly.
(5) Class 5. Parts, components, and
assemblies that have successfully met
one or more of the alternate
requirements, including any applicable
conditions, set forth in appendix F to
part 25.
(f) Smoking.
(1) Smoking is not allowed in
lavatories. If smoking is allowed in any
area occupied by the crew or
passengers, an adequate number of selfcontained, removable ashtrays must be
provided in designated smoking
sections for all seated occupants.
(2) Regardless of whether smoking is
allowed in any other part of the
airplane, lavatories must have selfcontained, removable ashtrays located
conspicuously on or near the entry side
of each lavatory door, except that one
ashtray may serve more than one
lavatory door if the ashtray can be seen
readily from the cabin side of each
lavatory served.
■ 4. Amend § 25.855 by revising
paragraphs (c) and (d) to read as follows:
§ 25.855
Cargo or baggage compartments.
*
*
*
*
*
(c) Cargo compartment liners must
comply with the applicable provisions
of § 25.853.
(d) All other materials used in the
construction of the cargo or baggage
compartment, other than material
located entirely within a Class C cargo
or baggage compartment, must be selfextinguishing when exposed to a small
flame.
*
*
*
*
*
■ 5. Revise § 25.856 to read as follows:
§ 25.856 Thermal/Acoustic insulation
materials.
(a) All thermal/acoustic insulation
material installed in inaccessible areas
of the fuselage must comply with
§ 25.853(c)(2)(i) unless it qualifies for
one of the exceptions in § 25.853(e).
(b) For airplanes with a passenger
capacity of 20 or more, all thermal/
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55949
acoustic insulation materials installed
in the lower half of the airplane fuselage
must resist penetration of a post-crash
fuel fire and provide a minimum of 5
minutes survivability in the occupied
portions of the airplane, unless the
applicant provides an equivalent means
of post-crash fire penetration protection.
This requirement does not apply to
thermal/acoustic insulation installations
that the Administrator finds would not
contribute to fire penetration resistance.
For the purposes of this paragraph,
thermal/acoustic insulation materials
include the means of fastening the
materials to the fuselage.
■ 6. Amend § 25.1713 by revising
paragraph (c) and adding paragraph (d)
to read as follows:
§ 25.171
3 Fire protection: EWIS.
*
*
*
*
*
(c) All insulation on electrical wire
and electrical cable, and all materials
used to provide additional protection
for that wire and cable:
(1) If installed in any area outside of
the fuselage, must not propagate the
largest fire that, by itself, would not be
a hazard to the airplane, and
(2) If installed in any area within the
fuselage, must meet the requirements of
§ 25.853(c), unless it meets the
requirements of paragraph (c)(1) of this
section.
(d) To show compliance with
paragraph (c) of this section, an
applicant must conduct tests, unless the
applicant can show that the insulation
and materials are of a size, location, and
quantity that their flammability
characteristics do not threaten the
airplane or its occupants. For any tests
used to show compliance, the applicant
must use a minimum of three specimen
sets.
■ 7. Revise appendix F to part 25 to read
as follows:
Appendix F to Part 25—Flammability
Test Hierarchy
Applicants may substitute compliance
with the standards in the first row of the
table below by meeting the standards in the
first column, as indicated at the appropriate
intersection, subject to the noted conditions:
E:\FR\FM\17AUP1.SGM
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules
Standard
In-flight
accessible;
small flame
resistance
§ 25.853
(c)(1)(i)
Post-crash
<20;
small ignition
resistance
§ 25.853
(d)(1)
In-flight
cargo liner;
small flame
penetration
resistance
§ 25.853
(c)(1)(iii)
In-flight
inaccessible;
fire
propagation
§ 25.853
(c)(2)(i)
In-flight cargo
liner fire
penetration
resistance
§ 25.853
(c)(2)(ii)/(iii)
Yes .................
No ..................
No ..................
No ..................
No ..................
No.
Yes .................
Yes .................
No ..................
No ..................
No ..................
No.
Yes .................
Yes .................
No ..................
Note 1 ............
No ..................
Note 2.
Yes .................
Yes .................
No ..................
No ..................
No ..................
No.
Yes .................
Yes .................
Yes .................
No ..................
Yes .................
No.
Yes .................
Yes .................
Yes .................
Note 3 ............
No ..................
No.
Substitution
Post-crash <20; small ignition
resistance § 25.853(d)(1).
In-flight inaccessible; fire propagation
§ 25.853(c)(2)(i).
Post-crash ≥20; large surface fire
resistance § 25.853(d)(2).
Seat cushion fire resistance
§ 25.853(d)(3).
Post-crash ≥20; fire penetration
resistance § 25.853(b)(2).
In-flight cargo liner fire penetration
resistance § 25.853(c)(2)(ii)/(iii).
Seat cushion
fire resistance
§ 25.853
(d)(3)
Notes:
1 When the facesheet on the back (inaccessible) side of the large surface is of the same material system as the facesheet on the front side.
2 When the cushion does not directly support the occupant and can be tested in its actual thickness.
3 When the back side of the liner is made from glass fiber reinforced epoxy and phenolic resin.
PART 27—AIRWORTHINESS
STANDARDS: NORMAL CATEGORY
ROTORCRAFT
8. The authority citation for part 27
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44704.
9. Amend § 27.1365 by revising
paragraph (c) to read as follows:
■
§ 27.1365
Electric cables.
*
*
*
*
*
(c) Insulation on electrical wire and
cable installed in the rotorcraft must be
self-extinguishing when tested in
accordance with appendix F, part
I(a)(3), of part 25 of this chapter at
amendment 25–138.
PART 29—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY ROTORCRAFT
10. The authority citation for part 29
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44704.
11. Amend § 29.853 by revising
paragraphs (a) and (b) to read as follows:
■
§ 29.853
Compartment interiors.
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
(a) The materials (including finishes
or decorative surfaces applied to the
materials) must meet the following test
criteria as applicable:
(1) Interior ceiling panels, interior
wall panels, partitions, galley structure,
large cabinet walls, structural flooring,
and materials used in the construction
of stowage compartments (other than
underseat stowage compartments and
compartments for stowing small items
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Jkt 259001
such as magazines and maps) must be
self-extinguishing when tested vertically
in accordance with the applicable
portions of appendix F to part 25 of this
chapter at amendment 25–138, or other
approved equivalent methods.
(2) Floor covering, textiles (including
draperies and upholstery), seat
cushions, padding, decorative and nondecorative coated fabrics, leather, trays
and galley furnishings, electrical
conduit, thermal and acoustical
insulation and insulation covering, air
ducting joint and edge covering, cargo
compartment liners, insulation blankets,
cargo covers, and transparencies,
molded and thermoformed parts, air
ducting joints, and trim strips
(decorative and chafing) that are
constructed of materials not covered in
paragraph (a)(3) of this section, must be
self-extinguishing when tested vertically
in accordance with the applicable
portion of appendix F to part 25 of this
chapter at amendment 25–138, or other
approved equivalent methods.
(3) Acrylic windows and signs, parts
constructed in whole or in part of
elasto-metric materials, edge lighted
instrument assemblies consisting of two
or more instruments in a common
housing, seat belts, shoulder harnesses,
and cargo and baggage tiedown
equipment, including containers, bins,
pallets, etc., used in passenger or crew
compartments, may not have an average
burn rate greater than 2.5 inches per
minute when tested horizontally in
accordance with the applicable portions
of appendix F to part 25 of this chapter
at amendment 25–138, or other
equivalent methods that the
Administrator approves.
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(4) Except for electrical wire and cable
insulation, and for small parts (such as
knobs, handles, rollers, fasteners, clips,
grommets, rub strips, pulleys, and small
electrical parts) that the Administrator
finds would not contribute significantly
to the propagation of a fire, materials in
items not specified in paragraph (a)(1),
(2), or (3) of this section may not have
a burn rate greater than 4 inches per
minute when tested horizontally in
accordance with the applicable portions
of appendix F to part 25 of this chapter
at amendment 25–138, or other
equivalent methods that the
Administrator approves.
(b) In addition to meeting the
requirements of paragraph (a)(2) of this
section, seat cushions, except those on
flight crewmember seats, must meet the
test requirements of part II of appendix
F to part 25 of this chapter at
amendment 25–138, or equivalent.
*
*
*
*
*
■ 12. Amend § 29.1359 by revising
paragraph (c) to read as follows:
§ 29.1359 Electrical system fire and smoke
protection.
*
*
*
*
*
(c) Insulation on electrical wire and
cable installed in the rotorcraft must be
self-extinguishing when tested in
accordance with appendix F, part
I(a)(3), of part 25 of this chapter at
amendment 25–138.
PART 91—GENERAL OPERATING AND
FLIGHT RULES
13. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40101,
40103, 40105, 40113, 40120, 44101, 44111,
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44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316,
46504, 46506–46507, 47122, 47508, 47528–
47531, 47534, Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note); articles 12 and 29 of
the Convention on International Civil
Aviation (61 Stat. 1180), (126 Stat. 11).
115–254; 132 Stat. 3186 (49. U.S.C. 44701
note).
14. Amend § 91.613 by revising
paragraphs (b)(1) introductory text and
(b)(2) to read as follows:
§ 121.312
interiors.
■
§ 91.613 Materials for compartment
interiors.
*
*
*
*
*
(b) * * *
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003 or as
subsequently amended, if it is:
*
*
*
*
*
(2) For airplanes manufactured after
September 2, 2005, thermal/acoustic
insulation materials installed in the
fuselage must meet the flame
propagation requirements of § 25.856 of
this chapter, effective September 2, 2003
or as subsequently amended.
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
15. The authority citation for part 121
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40119, 41706, 42301 preceding note
added by Pub. L. 112–95, sec. 412, 126 Stat.
89, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44729,
44732; 46105; Pub. L. 111–216, 124 Stat.
2348 (49 U.S.C. 44701 note); Pub. L. 112–95,
126 Stat 62 (49 U.S.C. 44732 note); Pub. L.
16. Amend § 121.312 by revising
paragraphs (b) introductory text, (e)(1)
introductory text, and paragraphs (e)(2)
and (3) to read as follows:
■
Materials for compartment
*
*
*
*
*
(b) Seat cushions. Seat cushions,
except those on flight crewmember
seats, in each compartment occupied by
crew or passengers, must comply with
the requirements pertaining to seat
cushions in § 25.853(c) effective on
November 26, 1984, or in § 25.853(d)
effective on [EFFECTIVE DATE OF
FINAL RULE] or as subsequently
amended, on each airplane as follows:
*
*
*
*
*
(e) * * *
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003 or as
subsequently amended, if it is:
*
*
*
*
*
(2) For airplanes manufactured after
September 2, 2005, thermal/acoustic
insulation materials installed in the
fuselage must meet the flame
propagation requirements of § 25.856 of
this chapter, effective September 2, 2003
or as subsequently amended.
(3) For airplanes with a passenger
capacity of 20 or greater, manufactured
after September 2, 2009, thermal/
acoustic insulation materials installed
in the lower half of the fuselage must
meet the flame penetration resistance
requirements of § 25.856 of this chapter,
55951
effective September 2, 2003 or as
subsequently amended. If the airplane’s
type design was approved based on a
finding of equivalent level of safety to
§ 25.856 in accordance with
§ 21.21(b)(1) of this chapter, the
certificate holder is in compliance with
this section of this part as long as the
aircraft conforms to the approved type
design.
■ 17. Amend § 121.314 by revising
paragraph (a)(2) to read as follows:
§ 121.314 Cargo and baggage
compartments.
*
*
*
*
*
(a) * * *
(2) Materials that meet the test
requirements of part 25, appendix F,
part III of this chapter effective on June
16, 1986, or the test requirements of
§ 25.853(c)(2)(ii) of this chapter effective
on [EFFECTIVE DATE OF FINAL RULE]
or as subsequently amended; or
*
*
*
*
*
■ 18. Revise appendix L to part 121 to
read as follows:
Appendix L to Part 121—Type
Certification Regulations Made
Previously Effective
(a) Appendix L lists regulations in this part
that require compliance with standards
contained in superseded type certification
regulations that continue to apply to certain
transport category airplanes. The table below
sets out citations to the current CFR section,
applicable aircraft, superseded type
certification regulation and applicable time
periods, and the CFR edition and Federal
Register documents where the regulation
having prior effect is found. Copies of all
superseded regulations may be obtained at
the Federal Aviation Administration Law
Library, Room 924, 800 Independence
Avenue SW, Washington, DC.
Part 121 section
Applicable aircraft
Provisions: CFR/FR references
§ 121.312(a)(1)(i) .......................
Transport category; or nontransport category
type certificated before January 1, 1965;
passenger capacity of 20 or more; manufactured prior to August 20, 1990.
Heat release rate testing. 14 CFR 25.853(d)(2) effective [effective date of final rule]: 14 CFR parts 1 to 59, Revised as
of January 1, [Federal Register revision year], and amended by Amdt. [amendment level and Federal Register citation and publication date of final rule].
Formerly 14 CFR 25.853(d) effective March 6, 1995: 14 CFR
parts 1 to 59, Revised as of January 1, 1995, and amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) effective August 20, 1986: 14
CFR parts 1 to 59, Revised as of January 1, 1986.
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules
Part 121 section
Applicable aircraft
Provisions: CFR/FR references
§ 121.312(a)(1)(ii) ......................
Transport category; or nontransport category
type certificated before January 1, 1965;
passenger capacity of 20 or more; manufactured after August 19, 1990.
§ 121.312(a)(2)(i) .......................
Transport category; or nontransport category
type certificate before January 1, 1965; application for type certificate filed prior to
May 1, 1972; substantially complete replacement of cabin interior on or after May
1, 1972.
Transport category type certificated after January 1, 1958; nontransport category type
certificated after January 1, 1958, but before January 1, 1965; passenger capacity of
20 or more; substantially complete replacement of the cabin interior on or after March
6, 1995.
Transport category type certificated after January 1, 1958; nontransport category type
certificated after January 1, 1958, but before January 1, 1965; passenger capacity of
20 or more; substantially complete replacement of the cabin interior on or after August
20, 1990.
Heat release rate testing. 14 CFR 25.853(d)(2) effective [effective date of final rule]: 14 CFR parts 1 to 59, Revised as
of January 1, [Federal Register revision year], and amended by Amdt. [amendment level and Federal Register citation and publication date of the final rule].
Formerly 14 CFR 25.853(d) effective March 6, 1995: 14 CFR
parts 1 to 59, Revised as of January 1, 1995, and amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) effective September 26, 1988:
14 CFR parts 1 to 59, Revised as of January 1, 1988, and
amended by Amdt. 25–66, 53 FR 32584, August 25, 1988.
Smoke testing. 14 CFR 25.853(d) effective March 6, 1995: 14
CFR parts 1 to 59, Revised as of January 1, 1995, and
amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) effective September 26, 1988:
14 CFR parts 1 to 59, Revised as of January 1, 1988, and
amended by Amdt. 25–66, 53 FR 32584, August 25, 1988.
Provisions of 14 CFR 25.853 in effect on April 30, 1972: 14
CFR parts 1 to 59, Revised as of January 1, 1972.
§ 121.312(a)(3)(i) .......................
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 121.312(a)(3)(ii) ......................
§ 121.312(b)(1) and (2) .............
Transport category airplane type certificated
after January 1, 1958; nontransport category airplane type certificated after December 31, 1964.
§ 121.312(c) ..............................
Airplane type certificated in accordance with
SFAR No. 41; maximum certificated takeoff
weight in excess of 12,500 pounds.
§ 121.314(a) ..............................
Transport category airplanes type certificated
after January 1, 1958.
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Heat release rate testing. 14 CFR 25.853(d) in effect March
6, 1995: 14 CFR parts 1 to 59, Revised as of January 1,
1995; and amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) in effect August 20, 1986: 14
CFR parts 1 to 59, Revised as of January 1, 1986.
Heat release rate testing. 14 CFR 25.853(d)(2) effective [effective date of the final rule]: 14 CFR parts 1 to 59, Revised as of January 1, [Federal Register revision year],
and amended by Amdt. [amendment level and Federal
Register citation and publication date of the final rule].
Formerly 14 CFR 25.853(d) effective March 6, 1995: 14 CFR
parts 1 to 59, Revised as of January 1, 1995, and amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) effective September 26, 1988:
14 CFR parts 1 to 59, Revised as of January 1, 1988, and
amended by Amdt. 25–66, 53 FR 32584, August 25, 1988.
Smoke testing. 14 CFR 25.853(d) effective March 6, 1995; 14
CFR parts 1 to 59, Revised as of January 1, 1995; and
amended by Amdt. 25–83, 60 FR 6623, February 2, 1995.
Formerly 14 CFR 25.853(a–1) effective September 26, 1988:
14 CFR parts 1 to 59, Revised as of January 1, 1988, and
amended by Amdt. 25–66, 53 FR 32584, August 25, 1988.
Seat cushions. 14 CFR 25.853(d)(3) effective [effective date
of the final rule]: 14 CFR parts 1 to 59, Revised as of January 1, [Federal Register revision year], and amended by
Amdt. [amendment level and Federal Register citation and
publication date of the final rule].
Formerly 14 CFR 25.853(c) effective November 26, 1984: 14
CFR parts 1 to 59, Revised as of January 1, 1984, and
amended by Amdt. 25–59, 49 FR 43188, October 26,
1984.
Compartment interior requirements. 14 CFR 25.853(a) in effect March 6, 1995: 14 CFR parts 1 to 59, Revised as of
January 1, 1995, and amended by Amdt. 25–83, 60 FR
6623, February 2, 1995.
Formerly 14 CFR 25.853(a), (b–1), (b–2), and (b–3) in effect
on September 26, 1978: 14 CFR parts 1 to 59, Revised as
of January 1, 1978.
Class C or D cargo or baggage compartment definition. 14
CFR 25.853(c)(2)(ii) effective [the effective date of the final
rule] (part III of appendix F no longer exists): 14 CFR parts
1 to 59, Revised as of January 1, [Federal Register revision year], and amended by Amdt. [amendment level and
Federal Register citation and publication date of the final
rule].
Formerly 14 CFR 25.857 effective June 16, 1986, 14 CFR
parts 1 to 59, Revised January 1, 1997, and amended by
Amdt. 25–60, 51 FR 18243, May 16, 1986.
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 / Proposed Rules
(b) For the purposes of compliance with
the sections of 14 CFR part 25 referenced in
the table in paragraph (a) of this appendix,
findings of equivalent level of safety in
accordance with § 21.21(b)(1) of this chapter
are considered to satisfy the referenced
requirement.
PART 125—CERTIFICATION AND
OPERATIONS: AIRPLANES HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
19. The authority citation for part 125
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44702, 44705, 44710–44711, 44713,
44716–44717, 44722.
20. Amend § 125.113 by revising
paragraphs (c)(1) introductory text and
paragraph (c)(2) to read as follows:
■
§ 125.113
Cabin interiors.
*
*
*
*
*
(c) * * *
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003 or as
subsequently amended, if it is:
*
*
*
*
*
(2) For airplanes manufactured after
September 2, 2005, thermal/acoustic
insulation materials installed in the
fuselage must meet the flame
propagation requirements of § 25.856 of
this chapter, effective September 2, 2003
or as subsequently amended.
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
ddrumheller on DSK120RN23PROD with PROPOSALS1
Authority: 49 U.S.C. 106(f), 106(g), 40113,
41706, 44701–44702, 44705, 44709, 44711–
44713, 44715–44717, 44722, 44730, 45101–
45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C.
44730).
22. Amend § 135.169 by revising
paragraph (d)(1)(ii) to read as follows:
§ 135.169 Additional airworthiness
requirements.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) Materials that meet the test
requirements of part 25, appendix F,
VerDate Sep<11>2014
16:41 Aug 16, 2023
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§ 135.170
interiors.
Materials for compartment
*
*
*
*
*
(b) * * *
(2) For airplanes type certificated after
January 1, 1958, seat cushions, except
those on flight crewmember seats, in
any compartment occupied by crew or
passengers must comply with the
requirements pertaining to fire
protection of seat cushions in
§ 25.853(c) effective November 26, 1984,
or in § 25.853(d) effective on
[EFFECTIVE DATE OF FINAL RULE] or
as subsequently amended.
(c) * * *
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003 or as
subsequently amended, if it is:
*
*
*
*
*
(2) For airplanes manufactured after
September 2, 2005, thermal/acoustic
insulation materials installed in the
fuselage must meet the flame
propagation requirements of § 25.856 of
this chapter, effective September 2, 2003
or as subsequently amended.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC.
Lirio Liu,
Executive Director, Aircraft Certification
Service.
[FR Doc. 2023–16877 Filed 8–16–23; 8:45 am]
21. The authority citation for part 135
continues to read as follows:
■
■
part III of this chapter effective on June
16, 1986, or the test requirements of
§ 25.853(c)(2)(ii) of this chapter effective
on [EFFECTIVE DATE OF FINAL RULE]
or as subsequently amended; or
*
*
*
*
*
■ 23. Amend § 135.170 by revising
paragraphs (b)(2), (c)(1) introductory
text, and paragraph (c)(2) to read as
follows:
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1711; Project
Identifier MCAI–2023–00093–T]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
PO 00000
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55953
Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus SAS Model A318–112 airplanes;
Model A319–115, –132, –133, –151N,
–153N, and –171N airplanes; Model
A320–211, –212, –214, –231, –232,
–251N, –252N, –253N, –271N, –272N,
and –273N airplanes; and Model A321–
112 airplanes. This proposed AD was
prompted by a report that the fatigue life
limit of the motoreductor installed on
the on-board entrance stairs, is not
demonstrated for the complete airplane
design service goal (DSG). This
proposed AD would require repetitive
replacement of the motoreductor for onboard entrance stairs, and limit the
installation of affected parts under
certain conditions, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference (IBR). The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by October 2, 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–2023–1711; 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 NPRM, 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 material that is proposed for
IBR in this NPRM, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA–
2023–1711.
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55941-55953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16877]
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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.
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 /
Proposed Rules
[[Page 55941]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 27, 29, 91, 121, 125 and 135
[Docket No.: FAA-2019-0491; Notice No. 23-12]
RIN 2120-AK34
Interior Parts and Components Fire Protection for Transport
Category Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: In Notice 19-09, published on July 3, 2019, the FAA proposed
to amend certain regulations for fire protection of interior
compartments on transport category airplanes. Based on certain comments
received, the FAA is providing additional information on its proposed
elimination of a smoke emissions testing requirement. The FAA is also
changing its calculations related to the proposed rule's costs and
benefits. This notice offers interested persons an opportunity to
comment on these changes.
DATES: Send comments on or before October 2, 2023.
ADDRESSES: Send comments identified by docket number FAA-2019-0491
using any of the following methods:
Federal eRulemaking Portal: Go to 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the 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: Jeff Gardlin, AIR-20, Office of Senior
Technical Experts, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, WA 98198;
telephone (206) 231-3146; email [email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
Requirements.'' Under that section, the FAA is charged with promoting
safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for the design and performance of
aircraft that the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority. It
revises the safety standards for the flammability characteristics, and
thus the design, material, and construction, of transport category
airplanes.
I. Background
A. Summary of Prior Notice of Proposed Rulemaking (NPRM)
On July 3, 2019, the FAA published in the Federal Register an NPRM
titled ``Interior Parts and Components Fire Protection for Transport
Category Airplanes'' (84 FR 31747). In the NPRM, the FAA proposed to
amend certain airworthiness regulations for fire protection of interior
compartments on transport category airplanes. The proposal would
convert those flammability regulations from detailed, prescriptive
requirements into simpler, performance-based standards. The proposal
would divide these standards into two categories: those designed to
protect the airplane and its occupants from the hazards of in-flight
fires, and those designed to protect the airplane and its occupants
from the hazards caused by post-crash fires. In addition, the proposal
would remove test methods, including heat release and smoke emissions
tests, from the regulations, replacing them with performance-based
requirements.
B. Response to Public Comments on Proposed Replacement of Smoke
Emissions Test Requirement With Performance-Based Standards
The FAA received several comments on its proposal to remove the
smoke emissions test as a requirement for compliance with the proposed
performance-based standard of Sec. 25.853(d)(2). As noted in the NPRM,
proposed Sec. 25.853(d) would provide a general standard that the
airplane's parts, components, and assemblies maintain survivable cabin
conditions for enough time to allow evacuation. For large surfaces in
the passenger cabin, the specific survivability requirement would be
dependent on the passenger capacity of the proposed airplane, because
emergency egress is generally much faster on smaller airplanes. For
airplanes with 19 passengers or less, proposed Sec. 25.853(d)(1) would
require each large surface in the passenger cabin to be self-
extinguishing when exposed to a small flame for at least 60 seconds.
For airplanes with a passenger capacity of 20 passengers or more,
proposed Sec. 25.853(d)(2) would require, with limited exception, that
each large surface in the passenger cabin resist involvement in a post-
crash fuel fire
[[Page 55942]]
that has entered the fuselage. For the purposes of this requirement,
`resist involvement' would mean that, when exposed to a post-crash fuel
fire, the thermal decomposition of the affected materials would not
produce cabin conditions that would prevent or delay egress, in a time
less than egress would otherwise occur.
The traditional means of measuring this capability, and thus the
FAA's regulatory requirement in appendix F, has been to conduct two
tests: an examination of the material's heat release, due to the nexus
of heat release with flashover,\1\ as well as of its smoke emissions,
since heavy smoke could similarly prevent timely egress. As discussed
in the NPRM, the FAA has concluded that, for traditional (previously
approved) materials and material systems, for which compliance data
already exists, heat release test results alone would be sufficient to
determine that the material resists involvement in a post-crash fire.
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\1\ See, e.g., The Case for Relating Flashover to Heat Release
Rate Measurements on Cabin Materials, Fire Safety Branch, FAA
Technical Center (Apr. 2, 1986), available at https://www.fire.tc.faa.gov/pdf/fsr-0338.pdf and in the docket.
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As with all the requirements in Sec. 25.853, applicants must
currently show compliance via a specific (smoke emissions) test set
forth in part V of appendix F of part 25, title 14, Code of Federal
Regulations (14 CFR).
SABIC, GBH International, Airbus, and several individuals disagreed
with the FAA's statement in the NPRM that the smoke emissions test
requirement had not been shown to have contributed to fire safety in an
actual accident.\2\ These commenters said that because the smoke
emissions test has long been a requirement, there is no way to know
whether it has contributed to fire safety. These commenters noted that
some materials will pass the heat release tests but fail the smoke
emissions test, and therefore cannot be used under current regulations.
These commenters asserted that the proposed rule would permit these
materials' use, with an unknown effect on safety.
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\2\ Interior Parts and Components Fire Protection for Transport
Category Airplanes; NPRM. 84 FR 31752 (July 3, 2019).
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Airbus, Boeing, and the International Coordinating Council of
Aerospace Industries Associations objected to the NPRM's assertion
that, since the smoke emissions test was in use by industry before it
became a regulatory requirement, it would likely continue to be used,
to some extent, after it was no longer required.\3\ These commenters
stated that airplane manufacturers would have no incentive to continue
to conduct the smoke emissions test, if the FAA determined that it did
not add to safety. SABIC, GHB International, and the Airline Pilots
Association opined that smoke was a survivability factor in the post-
crash environment, and therefore that the FAA should retain a
requirement that applicants conduct a smoke emissions test.
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\3\ Ibid, 84 FR 31753.
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Regarding the contribution of the smoke emissions test to fire
safety, the FAA's statement in the NPRM referred to the lack of
correlation, in full-scale fire tests, between that particular test and
survivability.\4\ Although the FAA considers the presence of smoke to
be a significant survivability factor in a post-crash fire, as
discussed in the NPRM it is the smoke emission test results that have
not been shown to have clear correlation to survivability. Also, a
prescriptive smoke emissions test requirement in addition to a heat
release test requirement will screen out materials that either test, by
itself, would not. The key question, for this issue in this proposed
rulemaking, is the extent to which screening out those additional
materials contributes to occupant survivability in an actual post-crash
fire; or whether the effect of a regulatory requirement to conduct both
types of tests is solely to limit the options available to applicants.
Since some of the comments questioning whether applicants would
voluntarily conduct a smoke emissions test came from those
manufacturers, the FAA agrees that its estimate of continued voluntary
usage of the smoke emissions test by industry was likely incorrect.
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\4\ Ibid, 84 FR 31752.
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The NPRM described the heat release rate (HRR) test as a compliance
method that would be available to meet proposed Sec. 25.853(d)(2).\5\
That section would require that materials resist involvement in a post-
crash fire to the extent that survivability would not be affected. The
NPRM also stated, however, that ``if data from the HRR testing does not
ensure the post-crash fuel fire performance of a given material, an
applicant could show compliance via another means.'' \6\ With this
supplemental notice of proposed rulemaking (SNPRM), the FAA provides
additional information on methods of showing compliance.
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\5\ Ibid, 84 FR 31753.
\6\ Ibid, 84 FR 31753.
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For existing material systems,\7\ and traditional aircraft parts
(i.e., those that have already passed the smoke emissions test
previously in appendix F, part V), successful HRR test results alone
would be sufficient to show that the material resists involvement in a
post-crash fire, per Sec. 25.853(d)(2).
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\7\ A ``material system'' is the underlying chemistry and
associated processes to produce specific materials.
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Applicants proposing a design that incorporates a new material or
material system that has not been previously approved by the FAA, and
thus for which no compliance data exists, would need to provide more
data in order to show survivability. Results showing passage of only
the HRR test would not be sufficient, and applicants would need to
provide an assessment of the material's smoke emissions
characteristics. However, since the current regulatory requirement is
to use both smoke emissions and heat release test results to determine
whether a material sufficiently resists involvement in a post-crash
fire, and since the intent of this proposal is not to change the level
of safety in this regard, for such wholly new materials the FAA would
accept a compliance demonstration that includes an assessment of both
heat release and smoke emissions test results.
Applicants could also combine successful HRR test results with a
showing that the new material's smoke emissions characteristics are
consistent with the characteristics of parts for which there is already
approved data. As explained below, an applicant could show that the new
material does not have distinctly different characteristics than
materials that have already been found to meet the current smoke
emissions test in part V of appendix F.
To assist applicants' use of smoke emission data as part of their
showing of survivability, the FAA has updated, and placed in the docket
for comment with this SNPRM, draft Advisory Circular (AC) 25.853-1A.
That draft AC references the FAA's development of a modification to the
apparatus defined in chapter A4 DOT/FAA/TC-17/55, ``Aircraft Materials
Fire Test Handbook,'' Revision 3, dated June 2019. Chapter A4 includes
a test known as the ``HR2''. This modification to the test apparatus
uses a method of continuously assessing smoke with lasers, and accounts
for the total smoke emission over the course of the test.\8\
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\8\ Passage of the HR2 test will not be required to demonstrate
a new materials' smoke emissions characteristics. As described in
the draft AC, applicants would also be able to use the currently
required test from the appendix F, part V; the test method in
chapter 6 of DOT/FAA/AR-00/12; or another FAA-accepted test.
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In the method provided by the draft AC, an applicant could use a
proposed material's smoke emissions
[[Page 55943]]
characteristics as part of the required showing of survivability if the
proposed material generated less than 25 percent more smoke than a
material that the FAA previously approved based upon the applicant's
showing of compliance with the smoke test in part V of appendix F.\9\
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\9\ A difference of 25 percent or more smoke than an approved
material would prompt the need to further investigate, and
demonstrate, the survivability performance of the new material.
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Since applicants do not yet have data from the HR2 regarding smoke
emissions, they would be able to gather that information outside of
formal (project-specific) certification testing, as long as the
applicant has a defined process that is accepted by the FAA. Given that
applicants have little experience with the new HR2, they will likely be
conducting non-certification tests to gain that experience. The FAA
estimates that the costs of gathering this data, and submitting it in
future projects, would be minimal. In addition, the FAA would welcome
the opportunity to evaluate candidate materials for which the smoke
emissions performance is in question. Any such evaluation would result
in de-identified publicly available data, of potential benefit to all
applicants.
The FAA is also making changes to the way costs and benefits are
assessed based on the forecast for new type certificates, and
deliveries under those certificates. The FAA also made minor punctation
corrections to the proposed revisions to the conforming operational
rules.
C. Need for Supplemental Notice of Proposed Rulemaking (SNPRM)
This SNPRM is needed since the FAA is proposing to change some of
its cost and benefit calculations, and explaining certain methods of
compliance that would use an assessment of smoke emissions to show
compliance. This SNPRM offers the public opportunity to comment on the
assumptions and criteria the FAA is using in advance of a final rule.
II. Discussion of Supplemental Proposals
As previously discussed, there are no changes to the regulatory
proposals. Since the proposed requirements are performance-based, the
effect is entirely on the method of compliance to meet one of the
proposals in light of comments received.
III. Regulatory Notices and Analyses
A. Regulatory Evaluation
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
[The FAA has provided a detailed Regulatory Impact Analysis (RIA) in
the docket for this rulemaking.] This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
rule: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, as amended; will not have a significant
economic impact on a substantial number of small entities; will not
create unnecessary obstacles to the foreign commerce of the United
States; and will not impose an unfunded mandate on State, local, or
Tribal governments, or on the private sector. These analyses are
summarized below.
1. Summary of Costs and Benefits
The SNPRM is in response to the following changes to the RIA. The
analysis for the NPRM RIA included the impacts of the rule on U.S.
manufacturers selling airplanes in the U.S. but did not include impacts
to foreign operators and foreign manufacturers. This SNPRM analysis
adds the impacts of the rule on U.S. manufacturers selling airplanes to
foreign operators, and foreign manufacturers selling airplanes to U.S.
operators. The NPRM also assumed that all new type certificates would
be issued at the start of the analysis. The SNPRM is being updated to
better reflect a more realistic schedule for the introduction of new
type certificates into the fleet. In this analysis, the introduction of
new type certificates are spaced over the time horizon of the analysis
rather than all occurring at the start of the time horizon.
By extending fire protection requirements to any extensively used
material located in inaccessible areas, the proposal is likely to be
beneficial in reducing the likelihood of a fatal accident. Over a 20-
year period of analysis, the FAA estimates the total present value cost
savings of this SNPRM to be $121.4 million at a seven percent discount
rate, with annualized cost savings of $11.7 million. The cost savings
would result from the elimination and streamlining of some tests, which
would be made possible by the extension of fire protection requirements
to inaccessible areas. Over the same 20-year period, the FAA estimates
the total present value costs of this SNPRM to be $107.6 million at a
seven percent discount rate, with annualized costs of $10.4 million due
to the extension of fire protection requirements to extensively used
material in inaccessible areas. A full explanation of how these costs
and cost savings were estimated may be found in the regulatory impact
assessment accompanying this SNPRM. The present value net cost savings
(cost savings minus cost) is $13.8 million, with annualized net cost
savings of $1.3 million. The following tables summarize the costs and
cost savings of this proposed rule for U.S. manufacturers, foreign
manufacturers delivering to U.S. operators and then the total for both
U.S. manufacturers and foreign manufacturers (delivering to U.S.
operators).
[[Page 55944]]
U.S. Manufacturers \10\--Total Costs and Cost Savings
[2020 $]
----------------------------------------------------------------------------------------------------------------
19-Year total present value Annualized
---------------------------------------------------------------
7% 3% 7% 3%
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Cost Savings.................................... $91,083,070 $142,741,271 $8,812,562 $9,965,322
Costs........................................... 56,081,338 74,600,557 5,426,039 5,208,154
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Total Net Cost Savings...................... 35,001,732 68,140,714 3,386,523 4,757,168
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Foreign Manufacturers \11\--Total Costs and Cost Savings
[2020 $]
----------------------------------------------------------------------------------------------------------------
19-Year total present value Annualized
---------------------------------------------------------------
7% 3% 7% 3%
----------------------------------------------------------------------------------------------------------------
Cost Savings.................................... $30,317,272 $47,104,659 $2,933,287 $3,288,559
Costs........................................... 51,520,339 62,218,084 4,984,748 4,343,686
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Total Net Cost Savings...................... -21,203,067 -15,113,425 -2,051,461 -1,055,127
----------------------------------------------------------------------------------------------------------------
Total Costs and Cost Savings
[2020 $]
----------------------------------------------------------------------------------------------------------------
Total U.S. (1) and foreign manufacturers (2) net cost savings
---------------------------------------------------------------
20-Year total present value Annualized
---------------------------------------------------------------
7% 3% 7% 3%
----------------------------------------------------------------------------------------------------------------
Cost Savings.................................... $121,400,342 $189,845,930 $11,745,849 $13,253,881
Costs........................................... 107,601,677 136,818,641 10,410,787 9,551,840
---------------------------------------------------------------
Total Net Cost Savings...................... 13,798,665 53,027,288 1,335,062 3,702,041
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(1) Includes deliveries by U.S. manufacturers to U.S. operators and to foreign operators (2) Includes deliveries
by foreign manufacturers to U.S. operators.
2. Who is potentially affected by this proposed rule?
Manufacturers of part 25 transport category airplanes would be
potentially affected by the proposed rule.
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\10\ Includes U.S. manufacturers delivering to U.S. and foreign
operators.
\11\ Includes costs for foreign manufacturers deliveries to U.S.
operators.
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3. Assumptions
Totals converted to 2020 constant dollars.\12\
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\12\ Costs were converted to 2020 dollars from 2015 dollars to
be compliant with OMB guidance. Conversion used Bureau of Economic
Analysis--Line 1 Gross Domestic Product from Table 1.1.9. Implicit
Price Deflators for Gross Domestic Product, last revised on March
25, 2021.
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Time horizon for analysis 20 years.\13\
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\13\ A 20-year time horizon was chosen to be inclusive of the
19-year production cycle for large and the 15-year production cycle
for small transport category airplanes.
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Fifty percent of the $42.8 million annual costs for smoke
emissions testing is incurred by domestic airplane manufacturers.\14\
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\14\ Fifty percent is an estimate of the share of the worldwide
transport airplane market held by U.S. manufacturers.
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Seventeen percent \15\ of the $42.8 million annual costs
for smoke emissions testing is incurred by non-U.S. manufacturers
delivering airplanes to U.S. operators.
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\15\ Seventeen percent is an estimate of the share of deliveries
of the worldwide transport airplane market from foreign
manufacturers to U.S. operators, obtained from the fleet analyzer
database.
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Cost savings from eliminating smoke emissions tests would
increase linearly to the level of the current cost savings over 25
years.\16\
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\16\ Based on manufacturer recommendation.
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One U.S. manufacturer of large and one U.S. manufacturer
of other transport category aircraft.
One foreign manufacturer of large and two foreign
manufacturers of other transport category aircraft.
U.S. Manufacturers Delivering to U.S. Operators
Large Transport Category Airplanes \17\
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\17\ Based on FAA analysis of Boeing data, OAG Aviation
Solutions Fleet Database, FAA Type Certificate Data Sheet database.
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Four type certificates over 20 years
27 airplanes delivered annually per TC
19-year production run
Other Transport Category Airplanes \18\
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\18\ Other transport category airplanes are manufactured under
part 25 and are other than large transport category airplanes.
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Three type certificates over 15 years
21 airplanes delivered annually per TC
15-year production run
U.S. Manufacturers Delivering to Foreign Operators \19\
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\19\ See appendix A for derivation of deliveries.
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Large Transport Category Airplanes
Four type certificates over 20 years
35 aircraft delivered annually per TC
19-year production run
[[Page 55945]]
Other Transport Category Airplanes
Three type certificates over 15 years
14 airplanes delivered annually per TC
15-year production run
Foreign Manufacturers Delivering to U.S. Operators
Large Transport Category Airplanes
Two type certificates over 20 years
16 airplanes delivered annually per TC
19-year production run
Other Transport Category Airplanes
Five type certificates over 15 years
10-15 airplanes delivered annually per TC
15-year production run
4. Benefits of the Rule
The proposed new safety requirements to extend the fire protection
requirements to any extensively used material \20\ located in
inaccessible areas would result in a safety benefit by reducing the
likelihood of a fatal accident from a fire in an inaccessible area.
This benefit was not quantified. Even though there has not been a
catastrophic in-flight fire of a passenger-carrying airplane since the
Swissair accident in 1998, the continued occurrence of in-flight fire
incidents and the growing number of devices using lithium-ion batteries
increase the risk of a catastrophic accident, a risk that this proposal
would reduce.
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\20\ Extensively used materials, for the purpose of this
rulemaking, means any parts or system of parts that could permit a
fire to propagate and grow to a hazardous level, for example, air
ducting, electrical wiring/sleeving, thermal/acoustic insulation,
and composite fuselage structure.
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5. Costs of This Proposed Rule
Over a 20-year period of analysis, the FAA estimates the total
present value costs of this proposed rule to be $107.6 million at a
seven percent discount rate, with annualized costs of $10.4 million,
which would result from extending the standards developed for thermal/
acoustic insulation to all extensively used materials in inaccessible
areas. A full explanation of how these costs were estimated may be
found in the regulatory impact analysis accompanying this SNPRM.
Over the same 20-year period, the FAA estimates the total
quantified cost savings of this proposed rule to be $121.4 million at a
seven percent discount rate, with annualized cost savings of $11.7
million. The cost savings would result from the elimination and
streamlining of some tests, which would be made possible by the
extension of fire protection requirements to inaccessible areas. The
total net cost savings of the proposed rule at a seven percent discount
rate would be $13.8 million, with annualized net cost savings of $1.3
million.
6. Minimal to No Cost Provisions Including Conforming Changes
Numerous provisions within this proposal would result in minimal to
no cost to possibly small cost savings. These include provisions that
continue to accept previous test methods or current systems in addition
to proposing new ones, those that maintain current requirements or
current practice, and small edits to maintain consistency with the
current rule. Also included are conforming changes to parts 27, 29,
121, 125, 135, and appendix L to part 121. These sections make
reference to, or require testing in accordance with, certain sections
of appendix F to part 25. Because sections of appendix F would be
removed, some changes refer to the new location of the requirements.
For airplanes type certificated in accordance with the proposed
requirements, this change would enable them to be in compliance with
the operating rules, while allowing aircraft manufactured under
existing type certificates and the current fleet to comply with the old
requirements.
Therefore, this proposed rule would impose no retrofit requirements
on the current fleet or a production cut-in to aircraft manufactured
under existing type certificates. Consequently, these provisions would
impose minimal to no cost. Please see the RIA available in the docket
for more details.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat.
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L.
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The FAA is publishing this Initial Regulatory Flexibility Analysis
(IRFA) to aid the public in commenting on the potential impacts to
small entities from this proposal. The FAA invites interested parties
to submit data and information regarding the potential economic impact
that would result from the proposal. The FAA will consider comments
when making a determination or when completing a Final Regulatory
Flexibility Analysis.
Under section 603 (b) and (c) of the RFA, an IRFA must contain the
following:
(1) A description of the reasons why the action by the agency is
being considered;
(2) A succinct statement of the objective of, and legal basis for,
the proposed rule;
(3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
(6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
1. Reasons the Action Is Being Considered
The FAA is issuing this proposal to simplify flammability
regulations and provide a higher level of safety for transport category
airplanes. The current regulations are complicated, sometimes
conflicting, sometimes redundant, occasionally incomplete, and may be
obsolete for dealing with present-day proposed airplanes. Simplifying
these regulations can lead to cost savings.
A key safety benefit of this proposal is the extension of fire
protection requirements to any extensively used material located in
inaccessible areas. FAA research found airplanes are at risk due to
flammable materials in inaccessible areas. FAA testing has indicated
that typical in-service ducts can quickly spread fire from a small fire
source in an inaccessible area, while ducts that would meet the new
requirement can resist that small size fire and not propagate flames.
Also, due to the rapidly increasing number of
[[Page 55946]]
events due to lithium battery fires, the chances of a lithium battery
fire in the cabin getting to an inaccessible area are increasing.
2. Objectives and Legal Basis of the Proposed Rule
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is issued under the authority described in subtitle
VII, part A, subpart III, section 44701, ``General Requirements.''
Under that section, the FAA is charged with promoting safe flight of
civil aircraft in air commerce by prescribing regulations and minimum
standards for the design, material, construction, quality of work, and
performance of aircraft that the Administrator finds necessary for
safety in air commerce. This proposed regulation is within the scope of
that authority. It would revise the safety standards for the
flammability characteristics, and thus the design, material, and
construction, of transport category airplanes.
3. All Federal Rules That May Duplicate, Overlap, or Conflict
There are no relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule.
4. Description and Estimate of the Number of Small Entities
The FAA used the definition of small entities in the RFA for this
analysis. The RFA defines small entities as small businesses, small
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3),
the RFA defines ``small business'' to have the same meaning as ``small
business concern'' under section 3 of the Small Business Act. The Small
Business Act authorizes the Small Business Administration (SBA) to
define ``small business'' by issuing regulations.
SBA (2023) has established size standards for various types of
economic activities, or industries, under the North American Industry
Classification System (NAICS).\21\ These size standards generally
define small businesses based on the number of employees or annual
receipts.
---------------------------------------------------------------------------
\21\ Small Business Administration (SBA). 2023. Table of Size
Standards. Effective Mar 17, 2023. Accessible at www.sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------
This proposal would affect U.S. manufacturers of part 25 transport
category airplanes requesting a new or amended type certificate.
According to the small business administration, the size standard for
aircraft manufacturers (NAICS code 336411) to be considered a small
business is 1,500 employees or less. None of the manufacturers who
manufacture transport category airplanes have fewer than 1,500
employees; therefore, none of them are small businesses.
The proposal might also indirectly affect businesses that modify
transport category airplanes. At this time, the FAA has not identified
any affected small entities without larger U.S. or foreign ownership or
business relationships. The FAA requests comments on this finding.
5. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
Requirements are governed by 14 CFR part 21 and are not changing
with this proposal. Applicants are required to show compliance under
Sec. 21.20, and this will continue to apply. Therefore, the proposal
would not impose additional reporting, recordkeeping, or other
compliance requirements on small entities.
6. Significant Alternatives Considered
The FAA considered two alternatives to the proposed rule. The first
alternative was to not make any changes to the fire protection
requirements. This would leave in place complicated, sometimes
conflicting, sometimes redundant, occasionally incomplete, and
potentially obsolete regulations.
Cost savings would not be achieved. This alternative would also not
extend fire protection requirements to extensively used materials
located in inaccessible areas. This would leave airplanes at risk due
to flammability materials in inaccessible areas.
The FAA also considered making only some of the proposed changes;
however, this would provide limited benefit and no safety improvement.
This is because the significant safety improvements facilitate the
significant simplifications in the proposal. Without the safety
enhancements, the amount of simplification would be limited. If the FAA
proposed only the safety enhancements, the resulting cost would be
difficult to quantitatively balance against the resulting safety
improvement. The proposal intends to achieve a significant reduction in
costs and simplify the requirements, while substantively improving
safety.
The FAA expects this proposal would not result in a significant
economic impact on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and
determined that it does not exclude imports that meet the safety
objective. As a result, this proposed rule is not considered as
creating an unnecessary obstacle to foreign commerce.
The proposed rule would impose the same costs and cost savings on
domestic and international manufacturers selling airplanes to airlines
that wish to operate within the United States because U.S.-registered
transport category airplanes must comply with part 25 in order to be
operated within the United States.
Therefore, the same cost relief would accrue to all manufacturers
selling airplanes to airlines operating within the U.S. However, the
effect this proposed rule would have on sales of domestically produced
airplanes relative to airplanes produced by foreign companies to
airlines operating abroad and not in the U.S. might be either an
advantage due to cost savings or a disadvantage due to increased costs,
depending on the standards to which foreign airplanes are manufactured.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $177,000,000 or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
[[Page 55947]]
This proposed rule does not contain such a mandate; therefore, the
requirements of title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there would be no new requirement for information collection associated
with the previously published NPRM or this SNPRM.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\22\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\23\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on Tribes resulting from this proposed
rule.
---------------------------------------------------------------------------
\22\ 65 FR 67249 (Nov. 6, 2000).
\23\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
D. International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD ROM, mark the outside of the disk or CD ROM, and identify
electronically within the disk or CD ROM the specific information that
is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the internet--
1. Search the Federal eRulemaking Portal (www.regulations.gov);
2. Visit the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies/; or
3. Access the Government Printing Office's web page at
www.GovInfo.gov.
Copies may also be obtained by sending a request (identified by
notice or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW, Washington, DC 20591, or by calling (202) 267-9680.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.
[[Page 55948]]
List of Subjects
14 CFR Part 25
Aircraft, Aviation safety, Navigation (air), Reporting and
recordkeeping requirements.
14 CFR Part 27
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 29
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 91
Afghanistan, Agriculture, Air carriers, Air taxis, Air traffic
control, Aircraft, Airmen, Airports, Alaska, Aviation safety, Canada,
Charter flights, Cuba, Drug traffic control, Ethiopia, Freight, Iraq,
Libya, Mexico, Noise control, North Korea, Political candidates,
Reporting and recordkeeping requirements, Security measures, Somalia,
Syria, Transportation, Yugoslavia.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation Safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation Safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR as follows:
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
0
1. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702 and
44704.
0
2. Amend Special Federal Aviation Regulation No. 109 to part 25 by
revising paragraphs 12 and 14(e) to read as follows:
Special Federal Aviation Regulation No. 109
* * * * *
12. Materials for Compartment Interiors. An applicant must comply
with the applicable provisions of Sec. 25.853, except that
demonstration of compliance with Sec. 25.853(d)(2) is not required if
the applicant can show by test, or a combination of test and analysis,
that the maximum time for evacuation of all occupants does not exceed
45 seconds under the conditions specified in appendix J to part 25.
* * * * *
14. * * *
(e) The surfaces of the galley surrounding the cooktop that would
be exposed to a fire on the cooktop surface or in cookware on the
cooktop must be constructed of materials that comply with the
flammability requirements of Sec. 25.853(c)(2)(ii). This requirement
is in addition to the flammability requirements typically required of
the materials in these galley surfaces. During the selection of these
materials, an applicant must account for the flammability
characteristics of the materials to ensure these characteristics will
not be adversely affected by the use of cleaning agents and utensils
used to remove cooking stains.
* * * * *
0
3. Revise Sec. 25.853 to read as follows:
Sec. 25.853 Interior parts and components fire protection.
(a) Each airplane part, component, and assembly must protect the
airplane and its occupants from in-flight and post-crash fire threats.
For the purposes of this section an airplane part, component, or
assembly is one that is located within, and including, the fuselage.
(b) Except as provided in paragraph (e) of this section, an
applicant must conduct tests to show compliance with paragraphs (c) and
(d) of this section. Except as provided in paragraph (c)(1)(ii) of this
section, for any tests used to show compliance, the applicant must use
a minimum of three specimen sets.
(c) In-flight requirements. During an in-flight fire, the
flammability characteristics of each part, component, and assembly must
not present a hazard to the occupants and must not prevent the
continued safe flight and landing of the airplane.
(1) Accessible areas.
(i) Each part, component, and assembly that is accessible to the
flightcrew during flight must be self-extinguishing when exposed to a
small flame.
(ii) Each receptacle used for the disposal of flammable waste
material must be fully enclosed, constructed of materials that resist
penetration from a small ignition source, and must contain fires likely
to occur in it under normal use. At least one test must show the
capability of the receptacle to contain those fires under all probable
conditions of wear, misalignment, and ventilation expected in service.
(iii) Each ceiling and sidewall liner of a Class B cargo
compartment must resist penetration by a small flame.
(2) Inaccessible areas.
(i) Each extensively used airplane part, component, and assembly
that is not accessible to the flightcrew during flight but that could
be subjected to an in-flight fire must not propagate the largest fire
that, by itself, would not be a hazard to the airplane.
(ii) Each ceiling and sidewall liner of a Class F cargo
compartment, if installed to meet the requirements of Sec.
25.855(b)(2), and of a Class C cargo compartment must resist
penetration by a fire within that compartment and must protect the
airplane's structure and critical systems from the effects of that
fire.
(iii) Each ceiling and sidewall liner of a Class E cargo
compartment must resist penetration by a fire within that compartment
and must protect the airplane's structure and critical systems from the
effects of that fire, unless the design provides a means other than a
liner that protects the airplane's structure and critical systems from
the effects of that fire.
(iv) The floor liner of any class of cargo compartment, and any
ceiling and sidewall liner of a Class E cargo compartment, must resist
penetration by a small flame.
(v) All other parts, components, and assemblies that are not
accessible by the flightcrew during flight must be self-extinguishing
when exposed to a small flame or electrical arc.
(d) Post-crash requirements. During a post-crash fuel fire, the
flammability characteristics of each part, component, and assembly must
maintain survivable cabin conditions for enough time to allow
evacuation.
(1) For airplanes with a passenger capacity of 19 or less, each
large surface in the passenger cabin must be self-extinguishing when
exposed to a small flame for at least 60 seconds.
(2) For airplanes with a passenger capacity of 20 or more, each
large surface in the passenger cabin must resist involvement in a post-
crash fuel fire that has entered the fuselage, except:
(i) A large surface, no part of which is more than 15'' above the
floor, need not comply with paragraph (d)(2) of this section if it is
located in such a manner that it would not be directly exposed to the
effects of a post-crash fuel fire.
[[Page 55949]]
(ii) A large surface in the interior of a compartment other than a
cargo or baggage compartment need not comply with paragraph (d)(2) of
this section if the interior of the compartment is isolated from the
main passenger cabin by doors or equivalent means that would normally
be closed during taxi, takeoff, and landing.
(3) Each cushion used to support the occupant of a seat or berth
must resist involvement in a post-crash fuel fire that has entered the
airplane, and must not propagate that fire.
(4) In addition to resisting involvement in a post-crash fuel fire
that has entered the airplane, each flammable metal must be readily
extinguishable.
(5) The design must ensure the continued function of all escape
systems when those systems are exposed to the effects of radiant heat
from a post-crash fuel fire.
(e) Exceptions. A part, component, and assembly does not require
testing to meet the requirements specified in paragraph (c) or (d) of
this section if it meets the criteria of at least one of the following
classes:
(1) Class 1. Parts, components, and assemblies that would each fit
within a cube measuring two inches on each side and are sufficiently
separated from the same type of part, component, or assembly such that
collectively they will not propagate a fire.
(2) Class 2. Parts, components, and assemblies that are not
extensively used, are made from materials that are self-extinguishing,
do not individually exceed a volume of 113 cubic inches, have an
exposed surface area not exceeding 200 square inches, and do not
propagate a flame vertically.
(3) Class 3. Parts, components, and assemblies that applicants can
show, through a method acceptable to the Administrator, are a size,
construction, or location that their flammability characteristics do
not threaten the airplane or its occupants.
(4) Class 4. Parts, components, and assemblies that are essential
to the safety of the airplane, its occupants, or the functionality of
the airplane and cannot reasonably be constructed of a less flammable
material without compromising the integrity or functionality of that
part, component, or assembly.
(5) Class 5. Parts, components, and assemblies that have
successfully met one or more of the alternate requirements, including
any applicable conditions, set forth in appendix F to part 25.
(f) Smoking.
(1) Smoking is not allowed in lavatories. If smoking is allowed in
any area occupied by the crew or passengers, an adequate number of
self-contained, removable ashtrays must be provided in designated
smoking sections for all seated occupants.
(2) Regardless of whether smoking is allowed in any other part of
the airplane, lavatories must have self-contained, removable ashtrays
located conspicuously on or near the entry side of each lavatory door,
except that one ashtray may serve more than one lavatory door if the
ashtray can be seen readily from the cabin side of each lavatory
served.
0
4. Amend Sec. 25.855 by revising paragraphs (c) and (d) to read as
follows:
Sec. 25.855 Cargo or baggage compartments.
* * * * *
(c) Cargo compartment liners must comply with the applicable
provisions of Sec. 25.853.
(d) All other materials used in the construction of the cargo or
baggage compartment, other than material located entirely within a
Class C cargo or baggage compartment, must be self-extinguishing when
exposed to a small flame.
* * * * *
0
5. Revise Sec. 25.856 to read as follows:
Sec. 25.856 Thermal/Acoustic insulation materials.
(a) All thermal/acoustic insulation material installed in
inaccessible areas of the fuselage must comply with Sec.
25.853(c)(2)(i) unless it qualifies for one of the exceptions in Sec.
25.853(e).
(b) For airplanes with a passenger capacity of 20 or more, all
thermal/acoustic insulation materials installed in the lower half of
the airplane fuselage must resist penetration of a post-crash fuel fire
and provide a minimum of 5 minutes survivability in the occupied
portions of the airplane, unless the applicant provides an equivalent
means of post-crash fire penetration protection. This requirement does
not apply to thermal/acoustic insulation installations that the
Administrator finds would not contribute to fire penetration
resistance. For the purposes of this paragraph, thermal/acoustic
insulation materials include the means of fastening the materials to
the fuselage.
0
6. Amend Sec. 25.1713 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 25.171 3 Fire protection: EWIS.
* * * * *
(c) All insulation on electrical wire and electrical cable, and all
materials used to provide additional protection for that wire and
cable:
(1) If installed in any area outside of the fuselage, must not
propagate the largest fire that, by itself, would not be a hazard to
the airplane, and
(2) If installed in any area within the fuselage, must meet the
requirements of Sec. 25.853(c), unless it meets the requirements of
paragraph (c)(1) of this section.
(d) To show compliance with paragraph (c) of this section, an
applicant must conduct tests, unless the applicant can show that the
insulation and materials are of a size, location, and quantity that
their flammability characteristics do not threaten the airplane or its
occupants. For any tests used to show compliance, the applicant must
use a minimum of three specimen sets.
0
7. Revise appendix F to part 25 to read as follows:
Appendix F to Part 25--Flammability Test Hierarchy
Applicants may substitute compliance with the standards in the
first row of the table below by meeting the standards in the first
column, as indicated at the appropriate intersection, subject to the
noted conditions:
[[Page 55950]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standard
--------------------------------------------------------------------------------------------------------------------------
In-flight cargo
In-flight Post-crash <20; In-flight cargo In-flight liner fire
Substitution accessible; small small ignition liner; small flame inaccessible; fire penetration Seat cushion fire
flame resistance resistance Sec. penetration propagation Sec. resistance Sec. resistance Sec.
Sec. 25.853 25.853 (d)(1) resistance Sec. 25.853 (c)(2)(i) 25.853 (c)(2)(ii)/ 25.853 (d)(3)
(c)(1)(i) 25.853 (c)(1)(iii) (iii)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Post-crash <20; small Yes................ No................. No................. No................ No................ No.
ignition resistance Sec.
25.853(d)(1).
In-flight inaccessible; fire Yes................ Yes................ No................. No................ No................ No.
propagation Sec.
25.853(c)(2)(i).
Post-crash >=20; large Yes................ Yes................ No................. Note 1............ No................ Note 2.
surface fire resistance Sec.
25.853(d)(2).
Seat cushion fire resistance Yes................ Yes................ No................. No................ No................ No.
Sec. 25.853(d)(3).
Post-crash >=20; fire Yes................ Yes................ Yes................ No................ Yes............... No.
penetration resistance Sec.
25.853(b)(2).
In-flight cargo liner fire Yes................ Yes................ Yes................ Note 3............ No................ No.
penetration resistance Sec.
25.853(c)(2)(ii)/(iii).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ When the facesheet on the back (inaccessible) side of the large surface is of the same material system as the facesheet on the front side.
\2\ When the cushion does not directly support the occupant and can be tested in its actual thickness.
\3\ When the back side of the liner is made from glass fiber reinforced epoxy and phenolic resin.
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
0
8. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.
0
9. Amend Sec. 27.1365 by revising paragraph (c) to read as follows:
Sec. 27.1365 Electric cables.
* * * * *
(c) Insulation on electrical wire and cable installed in the
rotorcraft must be self-extinguishing when tested in accordance with
appendix F, part I(a)(3), of part 25 of this chapter at amendment 25-
138.
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
0
10. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.
0
11. Amend Sec. 29.853 by revising paragraphs (a) and (b) to read as
follows:
Sec. 29.853 Compartment interiors.
* * * * *
(a) The materials (including finishes or decorative surfaces
applied to the materials) must meet the following test criteria as
applicable:
(1) Interior ceiling panels, interior wall panels, partitions,
galley structure, large cabinet walls, structural flooring, and
materials used in the construction of stowage compartments (other than
underseat stowage compartments and compartments for stowing small items
such as magazines and maps) must be self-extinguishing when tested
vertically in accordance with the applicable portions of appendix F to
part 25 of this chapter at amendment 25-138, or other approved
equivalent methods.
(2) Floor covering, textiles (including draperies and upholstery),
seat cushions, padding, decorative and non-decorative coated fabrics,
leather, trays and galley furnishings, electrical conduit, thermal and
acoustical insulation and insulation covering, air ducting joint and
edge covering, cargo compartment liners, insulation blankets, cargo
covers, and transparencies, molded and thermoformed parts, air ducting
joints, and trim strips (decorative and chafing) that are constructed
of materials not covered in paragraph (a)(3) of this section, must be
self-extinguishing when tested vertically in accordance with the
applicable portion of appendix F to part 25 of this chapter at
amendment 25-138, or other approved equivalent methods.
(3) Acrylic windows and signs, parts constructed in whole or in
part of elasto-metric materials, edge lighted instrument assemblies
consisting of two or more instruments in a common housing, seat belts,
shoulder harnesses, and cargo and baggage tiedown equipment, including
containers, bins, pallets, etc., used in passenger or crew
compartments, may not have an average burn rate greater than 2.5 inches
per minute when tested horizontally in accordance with the applicable
portions of appendix F to part 25 of this chapter at amendment 25-138,
or other equivalent methods that the Administrator approves.
(4) Except for electrical wire and cable insulation, and for small
parts (such as knobs, handles, rollers, fasteners, clips, grommets, rub
strips, pulleys, and small electrical parts) that the Administrator
finds would not contribute significantly to the propagation of a fire,
materials in items not specified in paragraph (a)(1), (2), or (3) of
this section may not have a burn rate greater than 4 inches per minute
when tested horizontally in accordance with the applicable portions of
appendix F to part 25 of this chapter at amendment 25-138, or other
equivalent methods that the Administrator approves.
(b) In addition to meeting the requirements of paragraph (a)(2) of
this section, seat cushions, except those on flight crewmember seats,
must meet the test requirements of part II of appendix F to part 25 of
this chapter at amendment 25-138, or equivalent.
* * * * *
0
12. Amend Sec. 29.1359 by revising paragraph (c) to read as follows:
Sec. 29.1359 Electrical system fire and smoke protection.
* * * * *
(c) Insulation on electrical wire and cable installed in the
rotorcraft must be self-extinguishing when tested in accordance with
appendix F, part I(a)(3), of part 25 of this chapter at amendment 25-
138.
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
13. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111,
[[Page 55951]]
44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note);
articles 12 and 29 of the Convention on International Civil Aviation
(61 Stat. 1180), (126 Stat. 11).
0
14. Amend Sec. 91.613 by revising paragraphs (b)(1) introductory text
and (b)(2) to read as follows:
Sec. 91.613 Materials for compartment interiors.
* * * * *
(b) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
15. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat 62 (49 U.S.C. 44732
note); Pub. L. 115-254; 132 Stat. 3186 (49. U.S.C. 44701 note).
0
16. Amend Sec. 121.312 by revising paragraphs (b) introductory text,
(e)(1) introductory text, and paragraphs (e)(2) and (3) to read as
follows:
Sec. 121.312 Materials for compartment interiors.
* * * * *
(b) Seat cushions. Seat cushions, except those on flight crewmember
seats, in each compartment occupied by crew or passengers, must comply
with the requirements pertaining to seat cushions in Sec. 25.853(c)
effective on November 26, 1984, or in Sec. 25.853(d) effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended, on each
airplane as follows:
* * * * *
(e) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
(3) For airplanes with a passenger capacity of 20 or greater,
manufactured after September 2, 2009, thermal/acoustic insulation
materials installed in the lower half of the fuselage must meet the
flame penetration resistance requirements of Sec. 25.856 of this
chapter, effective September 2, 2003 or as subsequently amended. If the
airplane's type design was approved based on a finding of equivalent
level of safety to Sec. 25.856 in accordance with Sec. 21.21(b)(1) of
this chapter, the certificate holder is in compliance with this section
of this part as long as the aircraft conforms to the approved type
design.
0
17. Amend Sec. 121.314 by revising paragraph (a)(2) to read as
follows:
Sec. 121.314 Cargo and baggage compartments.
* * * * *
(a) * * *
(2) Materials that meet the test requirements of part 25, appendix
F, part III of this chapter effective on June 16, 1986, or the test
requirements of Sec. 25.853(c)(2)(ii) of this chapter effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended; or
* * * * *
0
18. Revise appendix L to part 121 to read as follows:
Appendix L to Part 121--Type Certification Regulations Made Previously
Effective
(a) Appendix L lists regulations in this part that require
compliance with standards contained in superseded type certification
regulations that continue to apply to certain transport category
airplanes. The table below sets out citations to the current CFR
section, applicable aircraft, superseded type certification
regulation and applicable time periods, and the CFR edition and
Federal Register documents where the regulation having prior effect
is found. Copies of all superseded regulations may be obtained at
the Federal Aviation Administration Law Library, Room 924, 800
Independence Avenue SW, Washington, DC.
------------------------------------------------------------------------
Applicable Provisions: CFR/FR
Part 121 section aircraft references
------------------------------------------------------------------------
Sec. 121.312(a)(1)(i)....... Transport Heat release rate
category; or testing. 14 CFR
nontransport 25.853(d)(2)
category type effective [effective
certificated date of final rule]:
before January 14 CFR parts 1 to
1, 1965; 59, Revised as of
passenger January 1, [Federal
capacity of 20 Register revision
or more; year], and amended
manufactured by Amdt. [amendment
prior to August level and Federal
20, 1990. Register citation
and publication date
of final rule].
Formerly 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective August 20,
1986: 14 CFR parts 1
to 59, Revised as of
January 1, 1986.
[[Page 55952]]
Sec. 121.312(a)(1)(ii)...... Transport Heat release rate
category; or testing. 14 CFR
nontransport 25.853(d)(2)
category type effective [effective
certificated date of final rule]:
before January 14 CFR parts 1 to
1, 1965; 59, Revised as of
passenger January 1, [Federal
capacity of 20 Register revision
or more; year], and amended
manufactured by Amdt. [amendment
after August 19, level and Federal
1990. Register citation
and publication date
of the final rule].
Formerly 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Smoke testing. 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Sec. 121.312(a)(2)(i)....... Transport Provisions of 14 CFR
category; or 25.853 in effect on
nontransport April 30, 1972: 14
category type CFR parts 1 to 59,
certificate Revised as of
before January January 1, 1972.
1, 1965;
application for
type certificate
filed prior to
May 1, 1972;
substantially
complete
replacement of
cabin interior
on or after May
1, 1972.
Sec. 121.312(a)(3)(i)....... Transport Heat release rate
category type testing. 14 CFR
certificated 25.853(d) in effect
after January 1, March 6, 1995: 14
1958; CFR parts 1 to 59,
nontransport Revised as of
category type January 1, 1995; and
certificated amended by Amdt. 25-
after January 1, 83, 60 FR 6623,
1958, but before February 2, 1995.
January 1, 1965; Formerly 14 CFR
passenger 25.853(a-1) in
capacity of 20 effect August 20,
or more; 1986: 14 CFR parts 1
substantially to 59, Revised as of
complete January 1, 1986.
replacement of
the cabin
interior on or
after March 6,
1995.
Sec. 121.312(a)(3)(ii)...... Transport Heat release rate
category type testing. 14 CFR
certificated 25.853(d)(2)
after January 1, effective [effective
1958; date of the final
nontransport rule]: 14 CFR parts
category type 1 to 59, Revised as
certificated of January 1,
after January 1, [Federal Register
1958, but before revision year], and
January 1, 1965; amended by Amdt.
passenger [amendment level and
capacity of 20 Federal Register
or more; citation and
substantially publication date of
complete the final rule].
replacement of Formerly 14 CFR
the cabin 25.853(d) effective
interior on or March 6, 1995: 14
after August 20, CFR parts 1 to 59,
1990. Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Smoke testing. 14 CFR
25.853(d) effective
March 6, 1995; 14
CFR parts 1 to 59,
Revised as of
January 1, 1995; and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Sec. 121.312(b)(1) and (2).. Transport Seat cushions. 14 CFR
category 25.853(d)(3)
airplane type effective [effective
certificated date of the final
after January 1, rule]: 14 CFR parts
1958; 1 to 59, Revised as
nontransport of January 1,
category [Federal Register
airplane type revision year], and
certificated amended by Amdt.
after December [amendment level and
31, 1964. Federal Register
citation and
publication date of
the final rule].
Formerly 14 CFR
25.853(c) effective
November 26, 1984:
14 CFR parts 1 to
59, Revised as of
January 1, 1984, and
amended by Amdt. 25-
59, 49 FR 43188,
October 26, 1984.
Sec. 121.312(c)............. Airplane type Compartment interior
certificated in requirements. 14 CFR
accordance with 25.853(a) in effect
SFAR No. 41; March 6, 1995: 14
maximum CFR parts 1 to 59,
certificated Revised as of
takeoff weight January 1, 1995, and
in excess of amended by Amdt. 25-
12,500 pounds. 83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a), (b-1), (b-
2), and (b-3) in
effect on September
26, 1978: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1978.
Sec. 121.314(a)............. Transport Class C or D cargo or
category baggage compartment
airplanes type definition. 14 CFR
certificated 25.853(c)(2)(ii)
after January 1, effective [the
1958. effective date of
the final rule]
(part III of
appendix F no longer
exists): 14 CFR
parts 1 to 59,
Revised as of
January 1, [Federal
Register revision
year], and amended
by Amdt. [amendment
level and Federal
Register citation
and publication date
of the final rule].
Formerly 14 CFR
25.857 effective
June 16, 1986, 14
CFR parts 1 to 59,
Revised January 1,
1997, and amended by
Amdt. 25-60, 51 FR
18243, May 16, 1986.
------------------------------------------------------------------------
[[Page 55953]]
(b) For the purposes of compliance with the sections of 14 CFR
part 25 referenced in the table in paragraph (a) of this appendix,
findings of equivalent level of safety in accordance with Sec.
21.21(b)(1) of this chapter are considered to satisfy the referenced
requirement.
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
19. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.
0
20. Amend Sec. 125.113 by revising paragraphs (c)(1) introductory text
and paragraph (c)(2) to read as follows:
Sec. 125.113 Cabin interiors.
* * * * *
(c) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
21. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
22. Amend Sec. 135.169 by revising paragraph (d)(1)(ii) to read as
follows:
Sec. 135.169 Additional airworthiness requirements.
* * * * *
(d) * * *
(1) * * *
(ii) Materials that meet the test requirements of part 25, appendix
F, part III of this chapter effective on June 16, 1986, or the test
requirements of Sec. 25.853(c)(2)(ii) of this chapter effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended; or
* * * * *
0
23. Amend Sec. 135.170 by revising paragraphs (b)(2), (c)(1)
introductory text, and paragraph (c)(2) to read as follows:
Sec. 135.170 Materials for compartment interiors.
* * * * *
(b) * * *
(2) For airplanes type certificated after January 1, 1958, seat
cushions, except those on flight crewmember seats, in any compartment
occupied by crew or passengers must comply with the requirements
pertaining to fire protection of seat cushions in Sec. 25.853(c)
effective November 26, 1984, or in Sec. 25.853(d) effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended.
(c) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Lirio Liu,
Executive Director, Aircraft Certification Service.
[FR Doc. 2023-16877 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P
