Special Conditions: Airbus Model A321neo Extra-Long Range (XLR) Airplane; Cabin Evacuation-Protection From Fuel Tank Explosion Due to External Fuel-Fed Ground Fire, 38004-38007 [2024-09660]
Download as PDF
38004
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Proposed Rules
AEU
(kWh/yr)
Product class
(A) C–3A. Cooler with all-refrigerator—automatic defrost .........................................................................................
(B) C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ........................................................................
(C) C–9. Cooler with upright freezer with automatic defrost without an automatic icemaker ..................................
(D) C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker .................
(E) C–9I. Cooler with upright freezer with automatic defrost with an automatic icemaker ......................................
(F) C–9I–BI. Built-in cooler with upright freezer with automatic defrost with an automatic icemaker ......................
(G) C–13A. Compact cooler with all-refrigerator—automatic defrost .......................................................................
(H) C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .......................................................
4.57AV
5.19AV
5.58AV
6.38AV
5.58AV
6.38AV
5.93AV
6.52AV
+
+
+
+
+
+
+
+
130.4
147.8
147.7
168.8
231.7
252.8
193.7
213.1
AV = Total adjusted volume, expressed in ft3, as determined in appendix A to subpart B of this part.
(ii) Combination cooler refrigeration
products manufactured on or after
January 31, 2029, shall have an Annual
Energy Use (AEU) no more than:
AEU
(kWh/yr)
Product class
(A) C–3A. Cooler with all-refrigerator—automatic defrost .........................................................................................
(B) C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ........................................................................
(C) C–5–BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer ..............
(D) C–9. Cooler with upright freezer with automatic defrost without an automatic icemaker ..................................
(E) C–9–BI. Built-in cooler with upright freezer with automatic defrost without an automatic icemaker ..................
(F) C–13A. Compact cooler with all-refrigerator—automatic defrost ........................................................................
(G) C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .......................................................
4.11AV + 117.4
4.67AV + 133.0
5.47AV + 196.2 + 28I
5.58AV + 147.7 + 28I
6.38AV + 168.8 + 28I
4.74AV + 155.0
5.22AV + 170.5
AV = Total adjusted volume, expressed in ft3, as determined in appendix A to subpart B of this part.
I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker.
*
*
*
*
*
[FR Doc. 2024–08002 Filed 5–6–24; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2023–2412; Notice No. 25–
23–06–SC]
Special Conditions: Airbus Model
A321neo Extra-Long Range (XLR)
Airplane; Cabin Evacuation—
Protection From Fuel Tank Explosion
Due to External Fuel-Fed Ground Fire
Federal Aviation
Administration (FAA), DOT
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the Airbus Model
A321neoXLR airplane. This airplane
will have a novel or unusual design
feature when compared to the
technology envisaged by the
airworthiness standards for transport
category airplanes. This design feature
is an integral rear center tank (RCT). The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for fire-safety
performance of fuel-tank skin or
structure in a post-crash external fuelfed ground fire. These proposed special
conditions contain the additional safety
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
15:09 May 06, 2024
Jkt 262001
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: Send comments on or before
June 21, 2024.
ADDRESSES: Send comments identified
by Docket No. FAA–2023–2412 using
any of the following methods:
Federal eRegulations 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.
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 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.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT:
Douglas Bryant, Engine and Propulsion
Section, AIR–625, 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–
3166; email douglas.n.bryant@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the proposed 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.
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
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Proposed Rules
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. Comments the FAA receives,
which are not specifically designated as
CBI, will be placed in the public docket
for these special conditions.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Background
On September 16, 2019, Airbus
applied for an amendment to Type
Certificate No. A28NM to include the
new Model A321neo XLR series
airplane. The Airbus Model A321neo
XLR series airplane, which is a
derivative of the Model A321neo Airbus
Cabin Flex (ACF) currently approved
under Type Certificate No. A28NM, is a
twin-engine transport category aircraft
that seats up to 244 passengers and has
a maximum takeoff weight of 222,667
lbs.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Airbus must show that the Model
A321neo XLR series 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
series airplane because of a novel or
unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
VerDate Sep<11>2014
15:09 May 06, 2024
Jkt 262001
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 series airplane must comply with
the fuel venting and exhaust emission
requirements of 14 CFR part 34 and the
noise certification requirements of 14
CFR part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Airbus Model A321neo XLR
series airplane will incorporate the
following novel or unusual design
feature:
An integral RCT.
Discussion
The proposed Airbus Model A321neo
XLR series airplane incorporates an
integral RCT. This tank is a ‘‘center’’
fuel tank, that would, if approved, be
located in the airplane fuselage rather
than in its wings. The tank is a ‘‘rear’’
tank, that would be located aft of the
center wing fuel tank and behind the
wheel bay; it would be in an area of the
lower section of the fuselage, partially
replacing the aft cargo compartment of
the airplane from which this proposed
model is derived. The top of the tank
would be directly below the floor of the
passenger cabin. The fuel tank would be
‘‘integral’’ to the airplane, in that its
walls would be part of the airplane
structure. The exterior skin of the
airplane fuselage would constitute part
of the walls of the fuel tank, and these
areas are usually separate boundaries
(not integral) on other fuselage fuel
tanks. An integral fuel tank may be
referred to as a conformal fuselage
structural fuel tank since boundaries of
the fuel tank ‘‘conform’’ with the
airplane exterior. The integral RCT is
installed in a location that may be
exposed to the direct effects of postcrash ground, or pool, fuel-fed fires. An
external fuel-fed ground fire or external
fuel-fed pool fire is also referred to as
‘external ground fire’.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
38005
The airworthiness standards
applicable to the Model A321neo XLR
do not contain specific standards for
post-crash fire-safety performance of
fuel-tank skin or structure. In addition,
the integral RCT on the A321neo XLR
was not envisaged by the FAA when
promulgating requirements related to
occupant protection when fuel tanks are
exposed to external fuel-fed fires. The
FAA considered fuel tank designs in
widespread use on transport airplanes,
including main fuel tanks and auxiliary
fuel tanks when promulgating
requirements related to occupant
protection. Auxiliary fuel tanks are
normally located in the center wing and
within cargo holds, and in such cases
are sometimes referred to as an auxiliary
center tank (ACT).
Airplane manufacturers commonly
incorporate a center wing fuel tank as an
auxiliary fuel tank to make fuel
available for increasing the flight range
of the airplane. Continued expansion of
range performance requirements has
resulted in airplane designs using other
areas of the airplane to carry fuel, such
as incorporating fuel tanks in the
empennage and fuselage. The Airbus
model A321neo XLR airplane includes
a center wing fuel tank, an integral RCT
and the option for additional ACTs
within the fuselage. Unlike an integral
RCT, a center wing fuel tank and
optional ACTs are not expected by the
FAA or manufacturers to be exposed to
the direct effects of post-crash ground
fire because the fuel tank walls are not
exterior airplane skin on the center fuel
tank or ACT designs.
Due to its unusual configuration, the
A321neo XLR’s integral RCT will also
not incorporate the insulation that
usually lines the fuselage skin of a
modern transport category airplane.
Therefore the FAA has issued, after
notice and comment, a set of special
conditions that address that novel or
unusual aspect of the A321neo XLR’s
integral RCT with regard to certain of
the FAA’s regulatory requirements for
thermal/acoustic insulation
installations, specifically 14 CFR
25.856(b). Those special conditions, No.
25–825–SC, require that the lower half
of the fuselage spanning the
longitudinal location of the RCT resist
penetration from an external fuel-fed
fire, in order to ensure that the design
provides the same level of passenger
protection from such fires as do the
FAA’s existing regulations for such
insulation.1 The special conditions
1 Special Conditions: Airbus Model A321neoXLR
Airplane; Passenger Protection from External Fire.
87 FR 74503 (Dec. 6, 2022).
E:\FR\FM\07MYP1.SGM
07MYP1
khammond on DSKJM1Z7X2PROD with PROPOSALS
38006
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Proposed Rules
proposed herein address a different
flammability aspect of the A321neo
XLR’s integral RCT.
Pertinent to the fuel tank structure,
post-crash-fire occupant survivability is
dependent on the time available for
occupant evacuation prior to fuel-tank
breach or structural failure. Structural
failure can be a result of degradation in
load-carrying capability caused by a
fuel-fed ground fire. Structural failure
can also be a result of overpressurization caused by ignition of fuel
vapors inside the fuel tank.
Past experience indicates that
occupant survivability following a postcrash fire is greatly influenced by the
size and intensity of any fire that occurs.
The ability of main fuel tanks, when
they have aluminum wing surfaces
wetted by fuel on their interior surface,
to withstand post-crash-fire conditions,
has been demonstrated by tests
conducted at the FAA William J.
Hughes Technical Center.2 Results of
these tests have verified adequate
dissipation of heat across wetted
aluminum fuel-tank surfaces so that
localized hot spots do not occur, thus
minimizing the threat of explosion. This
inherent capability of aluminum to
dissipate heat also allows the aircraft’s
lower surface, which is also the fuel
tank boundary, to retain its loadcarrying characteristics during a fuel-fed
ground fire, and significantly delays
structural collapse or burn-through for a
time interval that usually exceeds
evacuation times. In addition, as an
aluminum fuel tank with significant
quantities of fuel inside is heated, fuel
vapor accumulates in the ullage space,
exceeding the upper flammability limit
relatively quickly and thus reducing the
threat of a fuel-tank explosion prior to
fuel-tank burn-through.
The center wing tank and optional
ACTs are surrounded by fuselage
structure and would not be directly
exposed to a post-crash ground fire.
This inherent separation is also
expected to significantly delay
structural collapse or burn-through and
reduce the threat of explosion for a time
interval that usually exceeds evacuation
times. Service history of conventional
aluminum airplanes has shown that
fuel-tank explosions caused by ground
fires have been rare on airplanes
configured with flame arrestors in the
fuel-tank vent lines. The Model
A321neo XLR integral RCT may or may
not have equivalent capability of past
2 Hill, R., and Johnson, G.R., ‘‘Investigation of
Aircraft Fuel Tank Explosions and Nitrogen Inerting
Requirements During Ground Fires,’’ FAA Report
DOT/FAA/RD–75–119, October 1975. Available via
the FAA Technical Center website for Fire Safety
at https://www.fire.tc.faa.gov/.
VerDate Sep<11>2014
15:09 May 06, 2024
Jkt 262001
designs approved with existing
regulations, due to the RCT design and
location being integral with the fuselage.
There are several Part 25 requirements
that address fire-safety performance of
the fuel tanks and fuselage in the Model
A321neo XLR certification basis.
However, these requirements do not
directly or adequately address standards
for post-crash fire-safety performance of
fuel-tank skin or structure. These
standards address failure conditions or
minimize the hazard to the occupants in
the event ignition of flammable fluids or
vapors occurs. For example, § 25.863
requires applicants to minimize the
probability of ignition and resultant
hazards if ignition occurs for flammable
fluid systems on the airplane. Another
example is § 25.981(a) which requires
applicants to demonstrate no ignition
source may be present at each point in
the fuel tank or fuel tank system where
catastrophic failure could occur due to
ignition of fuel or vapors. Specifically,
§ 25.981(a)(1) requires ‘‘determining the
highest temperature allowing a safe
margin below the lowest expected
autoignition temperature of the fuel in
the fuel tanks.’’ Then § 25.981(a)(2)
requires ‘‘demonstrating that no
temperature at each place inside each
fuel tank where fuel ignition is possible
will exceed the temperature determined
under paragraph (a)(1) of this section.
This must be verified under all probable
operating, failure, and malfunction
conditions of each component whose
operation, failure, or malfunction could
increase the temperature inside the
tank.’’ In addition, § 25.981(a)(3)
requires ‘‘except for ignition sources
due to lightning addressed by § 25.954,
demonstrating that an ignition source
could not result from each single failure,
from each single failure in combination
with each latent failure condition not
shown to be extremely remote, and from
all combinations of failures not shown
to be extremely improbable, taking into
account the effects of manufacturing
variability, aging, wear, corrosion, and
likely damage.’’ These airworthiness
requirements address ignition sources
and are part of the FAA’s regulatory
framework for preventing fires and
explosions; however, taken together,
they do not adequately address the
potential for a post-crash external
ground fire to affect the safety of
airplane occupants.
The FAA therefore determined that
the airworthiness standards applicable
to the Model A321neo XLR airplane do
not contain adequate standards for postcrash fire-safety performance of fueltank skin or structure. The FAA
therefore proposes that special
conditions are needed for the Model
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
A321neo XLR airplane, because the
integral RCT design, including location
in the lower fuselage, is considered an
unusual or novel design feature that
could expose the RCT to an external
ground fire. Factors influencing
occupant survival time when a fuel tank
is exposed to a ground-fed fire are the
structural integrity of the tank; burnthrough resistance; flammability of the
tank; and the presence of auto-ignition
threats during exposure to a fire. As
previously discussed, the FAA issued
Special Conditions No. 25–825–SC were
issued to address the novel or unusual
aspect of the A321neo XLR’s integral
RCT with regard to requirements for
thermal/acoustic insulation
installations. The FAA considers the
occupant survival time related to the
burn-through resistance of the integral
RCT to be adequately accounted for in
those special conditions.
These proposed special conditions
address standards for post-crash firesafety performance of fuel-tank skin or
structure by proposing a requirement to
prevent the ignition of fuel vapor during
an external fuel-fed ground fire. These
proposed special conditions include
accounting for the potential for hot
surface ignition created by the external
fuel-fed fire. As described in FAA
Advisory Circular 25.981–1D, ‘‘Fuel
Tank Ignition Source Prevention
Guidelines,’’ hot surfaces that can
exceed the autoignition temperature of
the flammable vapor under
consideration are considered to be
ignition sources. The FAA intends this
proposed requirement to adequately
protect the airplane occupants from the
consequences of an integral RCT
exposed to an external fuel-fed ground,
or pool fire.
The intention of the proposed
requirement for the design to prevent
ignition is for the applicant to show that
ignition sources do not occur, such as
from a hot surface, due to the external
heat applied to the integral RCT from an
external fuel-fed ground fire. Where
previously discussed, § 25.981(a)
requires applicants to demonstrate that
no ignition source may be present but
does not specifically address ignition
due to an external fuel-fed ground fire.
To provide the same level of safety as
provided by the relevant regulations in
this model’s certification basis, Airbus
must demonstrate that the Model
A321neo XLR series airplane has
sufficient post-crash fire-safety
performance of fuel-tank skin or
structure to enable occupants to safely
evacuate in the event that the integral
RCT is exposed to an external fuel-fed
ground fire.
E:\FR\FM\07MYP1.SGM
07MYP1
Federal Register / Vol. 89, No. 89 / Tuesday, May 7, 2024 / Proposed Rules
The FAA assessed post-crash-survival
time during the adoption of § 25.856
and revisions to appendix F to part 25
at Amendment 25–111 for fuselage
burn-through protection. Studies
conducted by and on behalf of the FAA
indicated that following a survivable
accident, prevention of fuselage burnthrough for approximately 5 minutes
can significantly enhance survivability.3
The FAA would consider Airbus
showing the design prevents ignition of
fuel tank vapors in the integral RCT
during at least 5 minutes of exposure to
an external fuel-fed ground fire as a
sufficient time duration for the purposes
of these special conditions. The time
duration of 5 minutes is consistent with
the aforementioned studies showing
prevention of fuselage burn-through for
approximately 5 minutes enhances
occupant survivability. The
requirements of the proposed special
conditions and the time duration are
consistent with the European Union
Aviation Safety Agency Special
Conditions No. SC–D25.863–01, Cabin
Evacuation—Protection from Fuel Tank
Explosion due to External Fuel Fed
Ground Fire applicable to integral
RCTs.4
Airbus may consider a flammability
reduction system or ignition mitigation
means that complies with § 25.981
when showing compliance with the
proposed special conditions, provided
the system’s performance is
demonstrated to meet the proposed
special conditions. As discussed
previously, showing compliance with
only § 25.981(b) is insufficient to show
post-crash fire-safety performance of
fuel-tank skin or structure. Airbus must
also meet the proposed special
conditions.
The proposed special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
Applicability
As discussed above, these proposed
special conditions are applicable to the
Airbus Model A321neo XLR series
airplane for which they are issued.
khammond on DSKJM1Z7X2PROD with PROPOSALS
3 Cherry,
R. and Warren, K. ‘‘Fuselage
Burnthrough Protection for Increased Postcrash
Occupant Survivability: Safety Benefit Analysis
Based on Past Accidents, ‘‘FAA Report DOT/FAA/
AR–99/57, September 1999 and R G W Cherry &
Associates Limited, ‘‘A Benefit Analysis for Cabin
Water Spray Systems and Enhanced Fuselage
Burnthrough Protection,’’ FAA Report DOT/FAA/
AR–02/49, April 7, 2003.
4 SC–D25.863–01, Issue 2, dated 24 October 2023
https://www.easa.europa.eu/en/document-library/
product-certification-consultations/final-specialcondition-ref-sc-d25863-01-cabin.
VerDate Sep<11>2014
15:09 May 06, 2024
Jkt 262001
Should the type certificate for that
model be amended later to include any
other model that incorporates the same
novel or unusual design feature, or
should any other model already
included on the same type certificate be
modified to incorporate the same novel
or unusual design feature, these special
conditions would apply to the other
model as well.
Conclusion
This action affects only certain novel
or unusual design feature on A321neo
XLR series airplanes. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, and 44704.
The Proposed Special Conditions
■ Accordingly, the Federal Aviation
Administration (FAA) proposes the
following special conditions as part of
the type certification basis for Airbus
Model A321neo XLR series airplanes.
Cabin Evacuation—Protection from
Fuel Tank Explosion Due to External
Fuel-Fed Ground Fire.
The applicant must show the design
prevents ignition of fuel tank vapors
(due to hot surface) from occurring in
the integral rear center tank during the
time required for evacuation. The
applicant’s showing must also
demonstrate that the design provides
sufficient time for a safe evacuation of
all occupants after the initiation of an
external fuel-fed ground fire.
Issued in Kansas City, Missouri, on April
29, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–09660 Filed 5–6–24; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 24–115; FCC 24–44; FR ID
216063]
Fostering Independent and Diverse
Sources of Video Programming
Federal Communications
Commission.
AGENCY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
ACTION:
38007
Proposed rule.
In this document, the Federal
Communications Commission
(Commission) seeks comment on the
current state of the marketplace for
diverse and independent programming
and on the obstacles faced by
independent programmers seeking
carriage on multichannel video
programming distributors (MVPDs) and
online platforms. In order to alleviate
such obstacles, the Commission
proposes to prohibit two types of
contractual provisions in program
carriage agreements between
independent programmers and MVPDs:
most favored nation (MFN) provisions,
and unreasonable alternative
distribution method (ADM) provisions.
The Commission also seeks comment on
current program bundling practices.
DATES: Comments are due on or before
June 6, 2024; reply comments are due
on or before July 8, 2024.
ADDRESSES: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998). You may submit
comments, identified by MB Docket No.
24–115, by any of the following
methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
SUMMARY:
E:\FR\FM\07MYP1.SGM
07MYP1
Agencies
[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Proposed Rules]
[Pages 38004-38007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09660]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2023-2412; Notice No. 25-23-06-SC]
Special Conditions: Airbus Model A321neo Extra-Long Range (XLR)
Airplane; Cabin Evacuation--Protection From Fuel Tank Explosion Due to
External Fuel-Fed Ground Fire
AGENCY: Federal Aviation Administration (FAA), DOT
ACTION: Notice of proposed special conditions.
-----------------------------------------------------------------------
SUMMARY: This action proposes special conditions for the Airbus Model
A321neoXLR airplane. This airplane will have a novel or unusual design
feature when compared to the technology envisaged by the airworthiness
standards for transport category airplanes. This design feature is an
integral rear center tank (RCT). The applicable airworthiness
regulations do not contain adequate or appropriate safety standards for
fire-safety performance of fuel-tank skin or structure in a post-crash
external fuel-fed ground fire. These proposed special conditions
contain the additional safety standards that the Administrator
considers necessary to establish a level of safety equivalent to that
established by the existing airworthiness standards.
DATES: Send comments on or before June 21, 2024.
ADDRESSES: Send comments identified by Docket No. FAA-2023-2412 using
any of the following methods:
Federal eRegulations 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.
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 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: Douglas Bryant, Engine and Propulsion
Section, AIR-625, Technical Policy Branch, Policy and Standards
Division, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, Washington 98198;
telephone and fax 206-231-3166; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. The most helpful comments
reference a specific portion of the proposed 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.
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
[[Page 38005]]
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. Comments the FAA receives, which are not
specifically designated as CBI, will be placed in the public docket for
these special conditions.
Background
On September 16, 2019, Airbus applied for an amendment to Type
Certificate No. A28NM to include the new Model A321neo XLR series
airplane. The Airbus Model A321neo XLR series airplane, which is a
derivative of the Model A321neo Airbus Cabin Flex (ACF) currently
approved under Type Certificate No. A28NM, is a twin-engine transport
category aircraft that seats up to 244 passengers and has a maximum
takeoff weight of 222,667 lbs.
Type Certification Basis
Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Airbus must show that the Model A321neo XLR series
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 series
airplane because of a novel or unusual design feature, special
conditions are prescribed under the provisions of Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A321neo XLR series airplane must comply
with the fuel venting and exhaust emission requirements of 14 CFR part
34 and the noise certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Airbus Model A321neo XLR series airplane will incorporate the
following novel or unusual design feature:
An integral RCT.
Discussion
The proposed Airbus Model A321neo XLR series airplane incorporates
an integral RCT. This tank is a ``center'' fuel tank, that would, if
approved, be located in the airplane fuselage rather than in its wings.
The tank is a ``rear'' tank, that would be located aft of the center
wing fuel tank and behind the wheel bay; it would be in an area of the
lower section of the fuselage, partially replacing the aft cargo
compartment of the airplane from which this proposed model is derived.
The top of the tank would be directly below the floor of the passenger
cabin. The fuel tank would be ``integral'' to the airplane, in that its
walls would be part of the airplane structure. The exterior skin of the
airplane fuselage would constitute part of the walls of the fuel tank,
and these areas are usually separate boundaries (not integral) on other
fuselage fuel tanks. An integral fuel tank may be referred to as a
conformal fuselage structural fuel tank since boundaries of the fuel
tank ``conform'' with the airplane exterior. The integral RCT is
installed in a location that may be exposed to the direct effects of
post-crash ground, or pool, fuel-fed fires. An external fuel-fed ground
fire or external fuel-fed pool fire is also referred to as `external
ground fire'.
The airworthiness standards applicable to the Model A321neo XLR do
not contain specific standards for post-crash fire-safety performance
of fuel-tank skin or structure. In addition, the integral RCT on the
A321neo XLR was not envisaged by the FAA when promulgating requirements
related to occupant protection when fuel tanks are exposed to external
fuel-fed fires. The FAA considered fuel tank designs in widespread use
on transport airplanes, including main fuel tanks and auxiliary fuel
tanks when promulgating requirements related to occupant protection.
Auxiliary fuel tanks are normally located in the center wing and within
cargo holds, and in such cases are sometimes referred to as an
auxiliary center tank (ACT).
Airplane manufacturers commonly incorporate a center wing fuel tank
as an auxiliary fuel tank to make fuel available for increasing the
flight range of the airplane. Continued expansion of range performance
requirements has resulted in airplane designs using other areas of the
airplane to carry fuel, such as incorporating fuel tanks in the
empennage and fuselage. The Airbus model A321neo XLR airplane includes
a center wing fuel tank, an integral RCT and the option for additional
ACTs within the fuselage. Unlike an integral RCT, a center wing fuel
tank and optional ACTs are not expected by the FAA or manufacturers to
be exposed to the direct effects of post-crash ground fire because the
fuel tank walls are not exterior airplane skin on the center fuel tank
or ACT designs.
Due to its unusual configuration, the A321neo XLR's integral RCT
will also not incorporate the insulation that usually lines the
fuselage skin of a modern transport category airplane. Therefore the
FAA has issued, after notice and comment, a set of special conditions
that address that novel or unusual aspect of the A321neo XLR's integral
RCT with regard to certain of the FAA's regulatory requirements for
thermal/acoustic insulation installations, specifically 14 CFR
25.856(b). Those special conditions, No. 25-825-SC, require that the
lower half of the fuselage spanning the longitudinal location of the
RCT resist penetration from an external fuel-fed fire, in order to
ensure that the design provides the same level of passenger protection
from such fires as do the FAA's existing regulations for such
insulation.\1\ The special conditions
[[Page 38006]]
proposed herein address a different flammability aspect of the A321neo
XLR's integral RCT.
---------------------------------------------------------------------------
\1\ Special Conditions: Airbus Model A321neoXLR Airplane;
Passenger Protection from External Fire. 87 FR 74503 (Dec. 6, 2022).
---------------------------------------------------------------------------
Pertinent to the fuel tank structure, post-crash-fire occupant
survivability is dependent on the time available for occupant
evacuation prior to fuel-tank breach or structural failure. Structural
failure can be a result of degradation in load-carrying capability
caused by a fuel-fed ground fire. Structural failure can also be a
result of over-pressurization caused by ignition of fuel vapors inside
the fuel tank.
Past experience indicates that occupant survivability following a
post-crash fire is greatly influenced by the size and intensity of any
fire that occurs. The ability of main fuel tanks, when they have
aluminum wing surfaces wetted by fuel on their interior surface, to
withstand post-crash-fire conditions, has been demonstrated by tests
conducted at the FAA William J. Hughes Technical Center.\2\ Results of
these tests have verified adequate dissipation of heat across wetted
aluminum fuel-tank surfaces so that localized hot spots do not occur,
thus minimizing the threat of explosion. This inherent capability of
aluminum to dissipate heat also allows the aircraft's lower surface,
which is also the fuel tank boundary, to retain its load-carrying
characteristics during a fuel-fed ground fire, and significantly delays
structural collapse or burn-through for a time interval that usually
exceeds evacuation times. In addition, as an aluminum fuel tank with
significant quantities of fuel inside is heated, fuel vapor accumulates
in the ullage space, exceeding the upper flammability limit relatively
quickly and thus reducing the threat of a fuel-tank explosion prior to
fuel-tank burn-through.
---------------------------------------------------------------------------
\2\ Hill, R., and Johnson, G.R., ``Investigation of Aircraft
Fuel Tank Explosions and Nitrogen Inerting Requirements During
Ground Fires,'' FAA Report DOT/FAA/RD-75-119, October 1975.
Available via the FAA Technical Center website for Fire Safety at
https://www.fire.tc.faa.gov/.
---------------------------------------------------------------------------
The center wing tank and optional ACTs are surrounded by fuselage
structure and would not be directly exposed to a post-crash ground
fire. This inherent separation is also expected to significantly delay
structural collapse or burn-through and reduce the threat of explosion
for a time interval that usually exceeds evacuation times. Service
history of conventional aluminum airplanes has shown that fuel-tank
explosions caused by ground fires have been rare on airplanes
configured with flame arrestors in the fuel-tank vent lines. The Model
A321neo XLR integral RCT may or may not have equivalent capability of
past designs approved with existing regulations, due to the RCT design
and location being integral with the fuselage.
There are several Part 25 requirements that address fire-safety
performance of the fuel tanks and fuselage in the Model A321neo XLR
certification basis. However, these requirements do not directly or
adequately address standards for post-crash fire-safety performance of
fuel-tank skin or structure. These standards address failure conditions
or minimize the hazard to the occupants in the event ignition of
flammable fluids or vapors occurs. For example, Sec. 25.863 requires
applicants to minimize the probability of ignition and resultant
hazards if ignition occurs for flammable fluid systems on the airplane.
Another example is Sec. 25.981(a) which requires applicants to
demonstrate no ignition source may be present at each point in the fuel
tank or fuel tank system where catastrophic failure could occur due to
ignition of fuel or vapors. Specifically, Sec. 25.981(a)(1) requires
``determining the highest temperature allowing a safe margin below the
lowest expected autoignition temperature of the fuel in the fuel
tanks.'' Then Sec. 25.981(a)(2) requires ``demonstrating that no
temperature at each place inside each fuel tank where fuel ignition is
possible will exceed the temperature determined under paragraph (a)(1)
of this section. This must be verified under all probable operating,
failure, and malfunction conditions of each component whose operation,
failure, or malfunction could increase the temperature inside the
tank.'' In addition, Sec. 25.981(a)(3) requires ``except for ignition
sources due to lightning addressed by Sec. 25.954, demonstrating that
an ignition source could not result from each single failure, from each
single failure in combination with each latent failure condition not
shown to be extremely remote, and from all combinations of failures not
shown to be extremely improbable, taking into account the effects of
manufacturing variability, aging, wear, corrosion, and likely damage.''
These airworthiness requirements address ignition sources and are part
of the FAA's regulatory framework for preventing fires and explosions;
however, taken together, they do not adequately address the potential
for a post-crash external ground fire to affect the safety of airplane
occupants.
The FAA therefore determined that the airworthiness standards
applicable to the Model A321neo XLR airplane do not contain adequate
standards for post-crash fire-safety performance of fuel-tank skin or
structure. The FAA therefore proposes that special conditions are
needed for the Model A321neo XLR airplane, because the integral RCT
design, including location in the lower fuselage, is considered an
unusual or novel design feature that could expose the RCT to an
external ground fire. Factors influencing occupant survival time when a
fuel tank is exposed to a ground-fed fire are the structural integrity
of the tank; burn-through resistance; flammability of the tank; and the
presence of auto-ignition threats during exposure to a fire. As
previously discussed, the FAA issued Special Conditions No. 25-825-SC
were issued to address the novel or unusual aspect of the A321neo XLR's
integral RCT with regard to requirements for thermal/acoustic
insulation installations. The FAA considers the occupant survival time
related to the burn-through resistance of the integral RCT to be
adequately accounted for in those special conditions.
These proposed special conditions address standards for post-crash
fire-safety performance of fuel-tank skin or structure by proposing a
requirement to prevent the ignition of fuel vapor during an external
fuel-fed ground fire. These proposed special conditions include
accounting for the potential for hot surface ignition created by the
external fuel-fed fire. As described in FAA Advisory Circular 25.981-
1D, ``Fuel Tank Ignition Source Prevention Guidelines,'' hot surfaces
that can exceed the autoignition temperature of the flammable vapor
under consideration are considered to be ignition sources. The FAA
intends this proposed requirement to adequately protect the airplane
occupants from the consequences of an integral RCT exposed to an
external fuel-fed ground, or pool fire.
The intention of the proposed requirement for the design to prevent
ignition is for the applicant to show that ignition sources do not
occur, such as from a hot surface, due to the external heat applied to
the integral RCT from an external fuel-fed ground fire. Where
previously discussed, Sec. 25.981(a) requires applicants to
demonstrate that no ignition source may be present but does not
specifically address ignition due to an external fuel-fed ground fire.
To provide the same level of safety as provided by the relevant
regulations in this model's certification basis, Airbus must
demonstrate that the Model A321neo XLR series airplane has sufficient
post-crash fire-safety performance of fuel-tank skin or structure to
enable occupants to safely evacuate in the event that the integral RCT
is exposed to an external fuel-fed ground fire.
[[Page 38007]]
The FAA assessed post-crash-survival time during the adoption of
Sec. 25.856 and revisions to appendix F to part 25 at Amendment 25-111
for fuselage burn-through protection. Studies conducted by and on
behalf of the FAA indicated that following a survivable accident,
prevention of fuselage burn-through for approximately 5 minutes can
significantly enhance survivability.\3\
---------------------------------------------------------------------------
\3\ Cherry, R. and Warren, K. ``Fuselage Burnthrough Protection
for Increased Postcrash Occupant Survivability: Safety Benefit
Analysis Based on Past Accidents, ``FAA Report DOT/FAA/AR-99/57,
September 1999 and R G W Cherry & Associates Limited, ``A Benefit
Analysis for Cabin Water Spray Systems and Enhanced Fuselage
Burnthrough Protection,'' FAA Report DOT/FAA/AR-02/49, April 7,
2003.
---------------------------------------------------------------------------
The FAA would consider Airbus showing the design prevents ignition
of fuel tank vapors in the integral RCT during at least 5 minutes of
exposure to an external fuel-fed ground fire as a sufficient time
duration for the purposes of these special conditions. The time
duration of 5 minutes is consistent with the aforementioned studies
showing prevention of fuselage burn-through for approximately 5 minutes
enhances occupant survivability. The requirements of the proposed
special conditions and the time duration are consistent with the
European Union Aviation Safety Agency Special Conditions No. SC-
D25.863-01, Cabin Evacuation--Protection from Fuel Tank Explosion due
to External Fuel Fed Ground Fire applicable to integral RCTs.\4\
---------------------------------------------------------------------------
\4\ SC-D25.863-01, Issue 2, dated 24 October 2023 https://www.easa.europa.eu/en/document-library/product-certification-consultations/final-special-condition-ref-sc-d25863-01-cabin.
---------------------------------------------------------------------------
Airbus may consider a flammability reduction system or ignition
mitigation means that complies with Sec. 25.981 when showing
compliance with the proposed special conditions, provided the system's
performance is demonstrated to meet the proposed special conditions. As
discussed previously, showing compliance with only Sec. 25.981(b) is
insufficient to show post-crash fire-safety performance of fuel-tank
skin or structure. Airbus must also meet the proposed special
conditions.
The proposed special conditions contain the additional safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards.
Applicability
As discussed above, these proposed special conditions are
applicable to the Airbus Model A321neo XLR series airplane 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 apply to the
other model as well.
Conclusion
This action affects only certain novel or unusual design feature on
A321neo XLR series airplanes. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
44704.
The Proposed Special Conditions
[squf] Accordingly, the Federal Aviation Administration (FAA)
proposes the following special conditions as part of the type
certification basis for Airbus Model A321neo XLR series airplanes.
Cabin Evacuation--Protection from Fuel Tank Explosion Due to
External Fuel-Fed Ground Fire.
The applicant must show the design prevents ignition of fuel tank
vapors (due to hot surface) from occurring in the integral rear center
tank during the time required for evacuation. The applicant's showing
must also demonstrate that the design provides sufficient time for a
safe evacuation of all occupants after the initiation of an external
fuel-fed ground fire.
Issued in Kansas City, Missouri, on April 29, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2024-09660 Filed 5-6-24; 8:45 am]
BILLING CODE 4910-13-P