Special Conditions: Jet Aviation AG, The Boeing Company Model 737-8 Series Airplane; Dynamic Test Requirements for Single Occupant Oblique Seats With or Without Airbags and/or 3-Point Restraints, 23504-23507 [2024-06894]
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
provided in paragraph (b)(3) of this
section.
(2) Contents of notice. The notice of
intent to debar will include the
following:
(i) The proposed period of debarment,
not to exceed one year;
(ii) The ports covered by the proposed
debarment;
(iii) A brief explanation of the reasons
for the proposed debarment;
(iv) The statutory and regulatory
authority for the proposed debarment;
(v) A statement that the entity subject
to the debarment may file an answer
and request a mitigation meeting
pursuant to paragraph (c) of this section;
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meeting, including the date by which
the answer must be received and the
address to which it may be submitted;
and
(vii) A statement that in the absence
of a timely filed answer, the proposed
debarment will become final 30 days
after service of the notice of intent to
debar.
(3) Service. The notice of intent to
debar will be served by a method that
demonstrates receipt, such as certified
mail with return receipt or express
courier delivery, by the entity identified
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the Secretary of Labor. The date of
service is the date of receipt.
(c) Answer; request for mitigation
meeting.
(1) General. Any entity upon which
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authorized representative, may file with
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specific reasons why the proposed
debarment should be mitigated and
whether a mitigation meeting is
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of the notice of intent to debar.
(2) Procedures.
(i) Form. The answer must be dated,
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under oath, and include the address at
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debar must submit documentary
evidence in support of any request for
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entity may present evidence in support
of any request for mitigation at a
mitigation meeting.
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(iii) Mitigation meeting. A mitigation
meeting will be conducted if requested
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debarment in accordance with the
requirements of this section, or if
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(iv) Good cause extension. CBP, in its
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Upon receipt of a request to extend the
deadline for filing an answer, CBP will
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(d) Disposition of case.
(1) No response filed or allegations
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intent to debar automatically will
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to debar. If CBP grants a good cause
extension pursuant to paragraph
(c)(2)(iv) of this section, and no answer
is timely filed, the proposed debarment
automatically will become a final order
of debarment when the time for filing an
answer expires.
(2) Answer filed; mitigation meeting
requested. If an answer is timely filed
that requests mitigation and/or a
mitigation meeting, CBP will determine
a final debarment in accordance with
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(3) Unavailability of appeal. The final
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(4) Notice of final order of debarment.
(i) CBP will issue to the entity subject
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(ii) CBP will send notice, by certified
mail or express courier, to all interested
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of entry, that the entity subject to the
debarment is debarred and stating the
terms of the debarment.
(e) Debarment.
(1) Generally. In determining a
proposed debarment and a final
debarment, CBP will consider the
information received from the Secretary
of Labor, any evidence or arguments
timely presented by the entity subject to
the debarment, and any other relevant
factors.
(2) Other relevant factors. Other
relevant factors include, but are not
limited to, the following:
(i) The previous history of violations
of any provision of the INA by the entity
subject to the debarment;
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(ii) The number of U.S. workers
adversely affected by the violation;
(iii) The gravity of the violation;
(iv) The efforts made by the entity
subject to the debarment to comply in
good faith with the regulatory and
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(v) The remedial efforts by the entity
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(vi) The commitment to future
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debarment;
(vii) The extent of cooperation with
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the debarment;
(viii) The extent of financial gain/loss
to the entity subject to the debarment
due to the violation; and
(ix) The potential financial loss,
injury, or adverse effect to other parties,
including U.S. workers, likely to result
from the debarment.
(f) Notice of completion of debarment.
Upon completion of any debarment,
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or express courier, to all interested
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the debarment, and the relevant U.S.
ports of entry, that the entity subject to
the debarment has completed the
debarment and is once again permitted
to enter U.S. ports.
(g) Record. CBP will keep a record of
the debarment proceedings which
includes, but is not limited to, the
materials exchanged between CBP and
the parties. Records will be retained in
accordance with CBP’s Records
Retention Schedule and the Freedom of
Information Act.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2024–07169 Filed 4–3–24; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2024–0448; Special
Conditions No. 25–859–SC]
Special Conditions: Jet Aviation AG,
The Boeing Company Model 737–8
Series Airplane; Dynamic Test
Requirements for Single Occupant
Oblique Seats With or Without Airbags
and/or 3-Point Restraints
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
These special conditions are
issued for The Boeing Company
(Boeing) Model 737–8 series airplane.
This airplane, as modified by Jet
Aviation AG (Jet Aviation), will have a
novel or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is oblique
(side-facing) single-occupant seats
equipped with airbag devices or 3-point
restraints. The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on Jet
Aviation on April 4, 2024. Send
comments on or before May 20, 2024.
ADDRESSES: Send comments identified
by Docket No. FAA–2024–0448 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
• Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any
time. Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
Shelden, Cabin Safety Section, AIR–624,
Technical Policy Branch, Policy and
Standards Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3214; email
John.Shelden@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
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SUMMARY:
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Register for public comment in several
prior instances with no substantive
comments received. Therefore, the FAA
finds, pursuant to 14 CFR 11.38(b), that
new comments are unlikely, and notice
and comment prior to this publication
are unnecessary.
Privacy
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in title 14,
Code of Federal Regulations (14 CFR)
11.35, the FAA will post all comments
received without change to
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact received about these special
conditions.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to these special
conditions contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to these special conditions, it
is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and the
indicated comments will not be placed
in the public docket of these special
conditions. Send submissions
containing CBI to the individual listed
in the FOR FURTHER INFORMATION
CONTACT section above. Comments the
FAA receives, which are not specifically
designated as CBI, will be placed in the
public docket for these proposed special
conditions.
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
The FAA will consider all comments
received by the closing date for
comments, and will consider comments
filed late if it is possible to do so
without incurring delay. The FAA may
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23505
change these special conditions based
on the comments received.
Background
On December 19, 2022, Jet Aviation
applied for a supplemental type
certificate for the installation of oblique
(side-facing) passenger seats with or
without airbag devices or 3-point
restraints in the Boeing Model 737–8
series airplanes. The Boeing Model 737–
8 series airplane is a twin-engine,
transport category airplane with a
maximum takeoff weight of
approximately 182,200 lbs. The
airplane, as modified by Jet Aviation,
will have a maximum seating capacity
of 32.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Jet Aviation must show that the Model
737–8 series airplanes, as changed,
continue to meet the applicable
provisions of the regulations listed in
Type Certificate No. A16WE or the
applicable regulations in effect on the
date of application for the change,
except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 737–8 series
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, the special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 737–8
series airplane must comply with the
exhaust-emission requirements of 14
CFR part 34, and the noise-certification
requirements of 14 CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 737–8 series
airplane, as modified by Jet Aviation,
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will incorporate a seating configuration
that is novel or unusual due to the
installation of oblique (side-facing)
passenger seats and surrounding
furniture that introduces occupant
alignment and loading concerns. These
oblique seats may be installed at an
angle of 18 to 45 degrees to the aircraft
centerline and may include a 3-point
restraint system and/or airbags, for
occupant restraint and injury protection.
Discussion
Title 14, Code of Federal Regulations
(14 CFR) 25.785(d) requires that each
occupant of a seat that makes more than
an 18 degree angle with the vertical
plane containing the airplane centerline
must be protected from head injury by
a safety belt and an energy absorbing
rest that will support the arms,
shoulders, head, and spine, or by a
safety belt and shoulder harness that
will prevent the head from contacting
any injurious object.
The proposed Boeing Model 737–8
airplane seat installation is novel in that
the current requirements do not
adequately address protection of the
occupant’s neck and spine for seating
configurations that are positioned at
angles greater than 18 degrees up to and
including 45 degrees from the airplane
centerline. The installation of passenger
seats at angles of 18 to 45 degrees to the
airplane centerline is unique due to the
seat/occupant interface with the
surrounding furniture that introduces
occupant alignment/loading concerns
with or without the installation of a 3point or airbag restraint system, or both.
In order to provide a level of safety
that is equivalent to that afforded to
occupants of forward and aft facing
seating, additional airworthiness
standards, in the form of new special
conditions, are necessary.
The FAA has been conducting and
sponsoring research on appropriate
injury criteria for oblique (side-facing)
seat installations. To reflect current
research findings, the FAA issued
Policy Statement PS–AIR–25–27. FAAsponsored research has found that an
un-restrained flailing of the upper torso,
even when the pelvis and torso are
nearly aligned, can produce serious
spinal and torso injuries. At lower
impact severities, even with significant
misalignment between the torso and
pelvis, these injuries did not occur.
Tests with an FAA H–III
anthropomorphic test dummy (ATD)
have identified a level of lumbar spinal
tension corresponding to the no-injury
impact severity. This level of tension is
included as a limit in the special
conditions. The spine tension limit
selected is conservative with respect to
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other aviation injury criteria since it
corresponds to a no-injury loading
condition.
As noted in the special conditions,
because each airbag restraint system is
essentially a single use device, there is
the potential that it could deploy under
crash conditions that are not sufficiently
severe as to require head injury
protection from the airbag restraint
system. Since an actual crash is
frequently composed of a series of
impacts before the airplane comes to
rest, this could render the airbag
restraint system useless if a larger
impact follows the initial impact. This
situation does not exist with energy
absorbing pads or upper torso restraints,
which tend to provide protection
according to the severity of the impact.
Therefore, the installation of the airbag
restraint system should be such that the
airbag restraint system will provide
protection when it is required and will
not expend its protection when it is not
needed.
Because these airbag restraint systems
may or may not activate during various
crash conditions, the injury criteria
listed in these special conditions and in
§ 25.562 must be met in an event that is
slightly below the activation level of the
airbag restraint system. If an airbag
restraint system is included with the
oblique seats, the system must meet the
requirements in one of the airbag
(inflatable restraint) special conditions
applicable to the Boeing Model 737
series airplanes. These special
conditions supplement part 25 and,
more specifically, supplement §§ 25.562
and 25.785.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 737–8 series airplane modified
by Jet Aviation. Should Jet Aviation
apply at a later date for a supplemental
type certificate to modify any other
model included on Type Certificate No.
A16WE to incorporate the same novel or
unusual design feature, or should Jet
Aviation apply for a change to the
supplemental type certificate to include
another model to incorporate the same
novel or unusual design feature, these
special conditions would apply to that
model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
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model series of airplanes. It is not a rule
of general applicability and affects only
the applicant who applied to the FAA
for approval of these features on the
airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, and 44704.
The Special Conditions
■ Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for The Boeing
Company Model 737–8 series airplanes
modified by Jet Aviation AG.
In addition to the requirements of
§ 25.562, passenger seats installed at an
angle between 18 degrees and 45
degrees from the aircraft centerline must
meet the following:
1. Head Injury Criteria (HIC)
Compliance with § 25.562(c)(5) is
required, except that, if the
anthropomorphic test dummy (ATD)
has no apparent contact with the seat/
structure but has contact with an airbag,
a HIC unlimited score in excess of 1000
is acceptable, provided the HIC15 score
(calculated in accordance with 49 CFR
571.208) for that contact is less than
700.
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of a structure
(e.g., interior wall or furnishings) that
does not provide a homogenous contact
surface for the expected range of
occupants and yaw angles, then
additional analysis and tests may be
required to demonstrate that the injury
criteria are met for the area that an
occupant could contact. For example, if
different yaw angles could result in
different airbag device performance,
then additional analysis or separate tests
may be necessary to evaluate
performance.
3. Neck Injury Criteria
The seating system must protect the
occupant from experiencing serious
neck injury. The assessment of neck
injury must be conducted with the
airbag device activated, unless there is
reason to also consider that the neckinjury potential would be higher for
impacts below the airbag-device
deployment threshold.
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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations
a. The Nij (calculated in accordance
with 49 CFR 571.208) must be below
1.0, where Nij = Fz/Fzc + My/Myc, and
Nij critical values are:
i. Fzc = 1530 lbs. for tension
ii. Fzc = 1385 lbs. for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below
937 lbs. in tension and 899 lbs. in
compression.
c. Rotation of the head about its
vertical axis relative to the torso is
limited to 105 degrees in either
direction from forward facing.
d. The neck must not impact any
surface that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz)
cannot exceed 1200 lbs.
b. Significant concentrated loading on
the occupant’s spine, in the area
between the pelvis and shoulders
during impact, including rebound, is
not acceptable. During this type of
contact, the interval for any rearward (X
direction) acceleration exceeding 20g
must be less than 3 milliseconds as
measured by the thoracic
instrumentation specified in 49 CFR
part 572, subpart E filtered in
accordance with SAE International
(SAE) recommended practice J211/1,
‘‘Instrumentation for Impact Test—Part
1—Electronic Instrumentation.’’
c. The occupant must not interact
with the armrest or other seat
components in any manner significantly
different than would be expected for a
forward-facing seat installation.
5. Pelvis Criteria
Any part of the load-bearing portion
of the bottom of the ATD pelvis must
not translate beyond the edges of the
seat bottom seat-cushion supporting
structure.
6. Femur Criteria
Axial rotation of the upper leg (about
the z-axis of the femur per SAE
Recommended Practice J211/1) must be
limited to 35 degrees from the nominal
seated position. Evaluation during
rebound does not need to be considered.
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7. ATD and Test Conditions
Longitudinal tests conducted to
measure the injury criteria above must
be performed with the FAA Hybrid III
ATD, as described in SAE 1999–01–
1609, ‘‘A Lumbar Spine Modification to
the Hybrid III ATD for Aircraft Seat
Tests.’’ The tests must be conducted
with an undeformed floor, at the mostcritical yaw cases for injury, and with
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all lateral structural supports (e.g.,
armrests or walls) installed.
Note: Jet Aviation AG must demonstrate
that the installation of seats via plinths or
pallets meets all applicable requirements.
Compliance with the guidance contained in
Policy Memorandum PS–ANM–100–2000–
00123, ‘‘Guidance for Demonstrating
Compliance with Seat Dynamic Testing for
Plinths and Pallets,’’ dated February 2, 2000,
is acceptable to the FAA.
8. Inflatable Airbag Restraint Systems
Special Conditions
If inflatable airbag restraint systems
are installed, the airbag systems must
meet the requirements in Special
Conditions 25–386–SC, or other airbag
system special conditions which are
applicable to the Boeing Model 737
series airplanes.
Issued in Kansas City, Missouri, on March
22, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–06894 Filed 4–3–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2021–1034; Special
Conditions No. 25–857–SC]
Special Conditions: Airbus Model
A321neo XLR Airplane; Electronic
Flight-Control System: LateralDirectional and Longitudinal Stability,
and Low-Energy Awareness
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Airbus Model A321neo
XLR airplane. This airplane will have a
novel or unusual design feature when
compared to the state of technology
envisioned in the applicable
airworthiness standards. This design
feature is an electronic flight-control
system (EFCS) associated with lateraldirectional and longitudinal stability,
and low-energy awareness. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
SUMMARY:
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DATES:
23507
Effective April 4, 2024.
Troy
Brown, Performance and Environment
Unit, AIR–621A, Technical Policy
Branch, Policy and Standards Division,
Aircraft Certification Service, Federal
Aviation Administration, 1801 S Airport
Rd., Wichita, KS 67209–2190; telephone
and fax 405–666–1050; email
troy.a.brown@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On September 16, 2019, Airbus
applied for an amendment to Type
Certificate No. A28NM to include the
new Model A321neo XLR airplane. This
airplane is a twin-engine, transportcategory airplane, with seating for 244
passengers, and a maximum takeoff
weight of 222,000 pounds.
Type Certification Basis
Under the provisions of 14 CFR
21.101, Airbus must show that the
Model A321neo XLR airplane meets the
applicable provisions of the regulations
listed in Type Certificate No. A28NM, or
the applicable regulations in effect on
the date of application for the change,
except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Airbus Model A321neo XLR
airplane because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
incorporate the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Airbus Model A321neo
XLR airplane must comply with the
fuel-vent and exhaust-emission
requirements of 14 CFR part 34, and the
noise-certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in § 11.19, in accordance with
§ 11.38, and they become part of the
type certification basis under § 21.101.
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]]>Agencies
[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23504-23507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06894]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2024-0448; Special Conditions No. 25-859-SC]
Special Conditions: Jet Aviation AG, The Boeing Company Model
737-8 Series Airplane; Dynamic Test Requirements for Single Occupant
Oblique Seats With or Without Airbags and/or 3-Point Restraints
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions; request for comments.
-----------------------------------------------------------------------
[[Page 23505]]
SUMMARY: These special conditions are issued for The Boeing Company
(Boeing) Model 737-8 series airplane. This airplane, as modified by Jet
Aviation AG (Jet Aviation), will have a novel or unusual design feature
when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is oblique (side-facing) single-occupant seats equipped with
airbag devices or 3-point restraints. The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
this design feature. These special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on Jet Aviation on April 4, 2024. Send
comments on or before May 20, 2024.
ADDRESSES: Send comments identified by Docket No. FAA-2024-0448 using
any of the following methods:
Federal eRegulations Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Docket: Background documents or comments received may be
read at https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Shelden, Cabin Safety Section,
AIR-624, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service, Federal Aviation Administration, 2200
South 216th Street, Des Moines, Washington 98198; telephone and fax
206-231-3214; email [email protected].
SUPPLEMENTARY INFORMATION: The substance of these special conditions
has been published in the Federal Register for public comment in
several prior instances with no substantive comments received.
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new
comments are unlikely, and notice and comment prior to this publication
are unnecessary.
Privacy
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in title
14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all
comments received without change to www.regulations.gov, including any
personal information you provide. The FAA will also post a report
summarizing each substantive verbal contact received about these
special conditions.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
these special conditions contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to these special
conditions, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and the indicated comments will not be
placed in the public docket of these special conditions. Send
submissions containing CBI to the individual listed in the For Further
Information Contact section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these proposed special conditions.
Comments Invited
The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.
Background
On December 19, 2022, Jet Aviation applied for a supplemental type
certificate for the installation of oblique (side-facing) passenger
seats with or without airbag devices or 3-point restraints in the
Boeing Model 737-8 series airplanes. The Boeing Model 737-8 series
airplane is a twin-engine, transport category airplane with a maximum
takeoff weight of approximately 182,200 lbs. The airplane, as modified
by Jet Aviation, will have a maximum seating capacity of 32.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Jet Aviation must show that the Model 737-8 series
airplanes, as changed, continue to meet the applicable provisions of
the regulations listed in Type Certificate No. A16WE or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-8 series airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, the special conditions would also apply to the
other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-8 series airplane must comply with the
exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 737-8 series airplane, as modified by Jet
Aviation,
[[Page 23506]]
will incorporate a seating configuration that is novel or unusual due
to the installation of oblique (side-facing) passenger seats and
surrounding furniture that introduces occupant alignment and loading
concerns. These oblique seats may be installed at an angle of 18 to 45
degrees to the aircraft centerline and may include a 3-point restraint
system and/or airbags, for occupant restraint and injury protection.
Discussion
Title 14, Code of Federal Regulations (14 CFR) 25.785(d) requires
that each occupant of a seat that makes more than an 18 degree angle
with the vertical plane containing the airplane centerline must be
protected from head injury by a safety belt and an energy absorbing
rest that will support the arms, shoulders, head, and spine, or by a
safety belt and shoulder harness that will prevent the head from
contacting any injurious object.
The proposed Boeing Model 737-8 airplane seat installation is novel
in that the current requirements do not adequately address protection
of the occupant's neck and spine for seating configurations that are
positioned at angles greater than 18 degrees up to and including 45
degrees from the airplane centerline. The installation of passenger
seats at angles of 18 to 45 degrees to the airplane centerline is
unique due to the seat/occupant interface with the surrounding
furniture that introduces occupant alignment/loading concerns with or
without the installation of a 3-point or airbag restraint system, or
both.
In order to provide a level of safety that is equivalent to that
afforded to occupants of forward and aft facing seating, additional
airworthiness standards, in the form of new special conditions, are
necessary.
The FAA has been conducting and sponsoring research on appropriate
injury criteria for oblique (side-facing) seat installations. To
reflect current research findings, the FAA issued Policy Statement PS-
AIR-25-27. FAA-sponsored research has found that an un-restrained
flailing of the upper torso, even when the pelvis and torso are nearly
aligned, can produce serious spinal and torso injuries. At lower impact
severities, even with significant misalignment between the torso and
pelvis, these injuries did not occur. Tests with an FAA H-III
anthropomorphic test dummy (ATD) have identified a level of lumbar
spinal tension corresponding to the no-injury impact severity. This
level of tension is included as a limit in the special conditions. The
spine tension limit selected is conservative with respect to other
aviation injury criteria since it corresponds to a no-injury loading
condition.
As noted in the special conditions, because each airbag restraint
system is essentially a single use device, there is the potential that
it could deploy under crash conditions that are not sufficiently severe
as to require head injury protection from the airbag restraint system.
Since an actual crash is frequently composed of a series of impacts
before the airplane comes to rest, this could render the airbag
restraint system useless if a larger impact follows the initial impact.
This situation does not exist with energy absorbing pads or upper torso
restraints, which tend to provide protection according to the severity
of the impact. Therefore, the installation of the airbag restraint
system should be such that the airbag restraint system will provide
protection when it is required and will not expend its protection when
it is not needed.
Because these airbag restraint systems may or may not activate
during various crash conditions, the injury criteria listed in these
special conditions and in Sec. 25.562 must be met in an event that is
slightly below the activation level of the airbag restraint system. If
an airbag restraint system is included with the oblique seats, the
system must meet the requirements in one of the airbag (inflatable
restraint) special conditions applicable to the Boeing Model 737 series
airplanes. These special conditions supplement part 25 and, more
specifically, supplement Sec. Sec. 25.562 and 25.785.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.
Applicability
As discussed above, these special conditions are applicable to the
Boeing Model 737-8 series airplane modified by Jet Aviation. Should Jet
Aviation apply at a later date for a supplemental type certificate to
modify any other model included on Type Certificate No. A16WE to
incorporate the same novel or unusual design feature, or should Jet
Aviation apply for a change to the supplemental type certificate to
include another model to incorporate the same novel or unusual design
feature, these special conditions would apply to that model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model series of airplanes. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
44704.
The Special Conditions
[squf] Accordingly, pursuant to the authority delegated to me by
the Administrator, the following special conditions are issued as part
of the type certification basis for The Boeing Company Model 737-8
series airplanes modified by Jet Aviation AG.
In addition to the requirements of Sec. 25.562, passenger seats
installed at an angle between 18 degrees and 45 degrees from the
aircraft centerline must meet the following:
1. Head Injury Criteria (HIC)
Compliance with Sec. 25.562(c)(5) is required, except that, if the
anthropomorphic test dummy (ATD) has no apparent contact with the seat/
structure but has contact with an airbag, a HIC unlimited score in
excess of 1000 is acceptable, provided the HIC15 score (calculated in
accordance with 49 CFR 571.208) for that contact is less than 700.
2. Body-to-Wall/Furnishing Contact
If a seat is installed aft of a structure (e.g., interior wall or
furnishings) that does not provide a homogenous contact surface for the
expected range of occupants and yaw angles, then additional analysis
and tests may be required to demonstrate that the injury criteria are
met for the area that an occupant could contact. For example, if
different yaw angles could result in different airbag device
performance, then additional analysis or separate tests may be
necessary to evaluate performance.
3. Neck Injury Criteria
The seating system must protect the occupant from experiencing
serious neck injury. The assessment of neck injury must be conducted
with the airbag device activated, unless there is reason to also
consider that the neck-injury potential would be higher for impacts
below the airbag-device deployment threshold.
[[Page 23507]]
a. The Nij (calculated in accordance with 49 CFR 571.208) must be
below 1.0, where Nij = Fz/Fzc + My/Myc, and Nij critical values are:
i. Fzc = 1530 lbs. for tension
ii. Fzc = 1385 lbs. for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension
b. In addition, peak Fz must be below 937 lbs. in tension and 899
lbs. in compression.
c. Rotation of the head about its vertical axis relative to the
torso is limited to 105 degrees in either direction from forward
facing.
d. The neck must not impact any surface that would produce
concentrated loading on the neck.
4. Spine and Torso Injury Criteria
a. The lumbar spine tension (Fz) cannot exceed 1200 lbs.
b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E filtered in accordance with SAE
International (SAE) recommended practice J211/1, ``Instrumentation for
Impact Test--Part 1--Electronic Instrumentation.''
c. The occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.
5. Pelvis Criteria
Any part of the load-bearing portion of the bottom of the ATD
pelvis must not translate beyond the edges of the seat bottom seat-
cushion supporting structure.
6. Femur Criteria
Axial rotation of the upper leg (about the z-axis of the femur per
SAE Recommended Practice J211/1) must be limited to 35 degrees from the
nominal seated position. Evaluation during rebound does not need to be
considered.
7. ATD and Test Conditions
Longitudinal tests conducted to measure the injury criteria above
must be performed with the FAA Hybrid III ATD, as described in SAE
1999-01-1609, ``A Lumbar Spine Modification to the Hybrid III ATD for
Aircraft Seat Tests.'' The tests must be conducted with an undeformed
floor, at the most-critical yaw cases for injury, and with all lateral
structural supports (e.g., armrests or walls) installed.
Note: Jet Aviation AG must demonstrate that the installation of
seats via plinths or pallets meets all applicable requirements.
Compliance with the guidance contained in Policy Memorandum PS-ANM-
100-2000-00123, ``Guidance for Demonstrating Compliance with Seat
Dynamic Testing for Plinths and Pallets,'' dated February 2, 2000,
is acceptable to the FAA.
8. Inflatable Airbag Restraint Systems Special Conditions
If inflatable airbag restraint systems are installed, the airbag
systems must meet the requirements in Special Conditions 25-386-SC, or
other airbag system special conditions which are applicable to the
Boeing Model 737 series airplanes.
Issued in Kansas City, Missouri, on March 22, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2024-06894 Filed 4-3-24; 8:45 am]
BILLING CODE 4910-13-P
