Special Conditions: Aerocon Engineering Company, Airbus Model A330-300 Series Airplane; Lower Deck Crew Rest Compartment Installation, 59597-59602 [2024-15854]

Download as PDF Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations The revisions read as follows: § 710.25 Appointment of Administrative Judge; prehearing conference; commencement of hearings. § 710.29 * ■ * * * * (e) The Administrative Judge shall determine the day, time, and place for the hearing and shall decide whether the hearing will be conducted via video teleconferencing. In the event the individual fails to appear at the time and place specified, without good cause shown, the record in the case shall be closed and returned to the Manager, who shall then make an initial determination regarding the eligibility of the individual for DOE access authorization in accordance with § 710.22(a)(3). (f) At least 7 calendar days prior to the date scheduled for the hearing, the Administrative Judge shall convene a prehearing conference for the purpose of discussing stipulations and exhibits, identifying witnesses, and disposing of other appropriate matters. The conference may be conducted by telephone, video teleconference, or other means as directed by the Administrative Judge. * * * * * ■ 16. Amend § 710.26 by: ■ a. In paragraph (a), removing wherever they appear the words ‘‘his/ her’’ and adding in their place the word ‘‘their’’; and ■ b. Revising paragraph (d). The revision reads as follows: § 710.26 Conduct of hearings. * * * * * (d) DOE Counsel shall assist the Administrative Judge in establishing a complete administrative hearing record in the proceeding and bringing out a full and true disclosure of all facts, both favorable and unfavorable, having a bearing on the issues before the Administrative Judge. The individual shall be afforded the opportunity of presenting testimonial, documentary, and physical evidence, including testimony by the individual in the individual’s own behalf. All witnesses shall be subject to cross-examination, if possible. * * * * * § 710.27 ddrumheller on DSK120RN23PROD with RULES1 and adding in their place the word ‘‘their’’. 20. Amend § 710.31 by revising paragraphs (b)(4) through (6) to read as follows: ■ § 710.31 Reconsideration of access eligibility. * * * * * (b) * * * (4) If, pursuant to the provisions of paragraph (b)(2) of this section, the Manager determines the individual is eligible for access authorization, the Manager shall grant access authorization. (5) If, pursuant to the provisions of paragraph (b)(2) of this section, the Manager determines the individual remains ineligible for access authorization, the Manager shall so notify the Director in writing. If the Director concurs, the Director shall notify the individual in writing. This decision is final and not subject to review or appeal. If the Director does not concur, the Director shall confer with the Manager on further actions. (6) Determinations as to eligibility for access authorization pursuant to paragraph (b)(4) or (5) of this section may be based solely upon the mitigation of derogatory information which was relied upon in a final decision to deny or to revoke access authorization. If, pursuant to the procedures set forth in paragraph (b)(2) of this section, previously unconsidered derogatory information is identified, a determination as to eligibility for access authorization must be subject to a new Administrative Review proceeding. Appendix A to Part 710 [Removed] 21. Remove appendix A. [FR Doc. 2024–16136 Filed 7–22–24; 8:45 am] BILLING CODE 6450–01–P [Amended] 17. Amend § 710.27, in paragraph (b), in the second sentence, by removing the word ‘‘handicapped’’ and adding in its place the word ‘‘prejudiced’’. ■ § 710.28 18. Amend § 710.28, in paragraph (a)(4), by removing the words ‘‘his/her’’ ■ 17:25 Jul 22, 2024 Jkt 262001 PO 00000 Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA–2023–2251; Special Conditions No. 25–865–SC] Special Conditions: Aerocon Engineering Company, Airbus Model A330–300 Series Airplane; Lower Deck Crew Rest Compartment Installation Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final special conditions. AGENCY: These special conditions are issued for the Airbus Model A330–300 series airplane. This airplane as modified by Aerocon Engineering Company (Aerocon) 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 an installation of a lower deck crew rest compartment (LDCRC) under the passenger cabin floor in the cargo compartment. 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: Effective August 22, 2024. FOR FURTHER INFORMATION CONTACT: Daniel Jacquet, Cabin Safety, 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) 231–3208; email daniel.jacquet@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background On July 5, 2022, Aerocon applied for a supplemental type certificate for the installation of a LDCRC in the Airbus Model A330–300 series airplane. The Airbus Model A330–300 series airplane is a twin-engine, transport-category airplane with a maximum takeoff weight of 533,518 pounds and maximum seating for 440 passengers. Type Certification Basis Under the provisions of 14 CFR 21.101, Aerocon must show that the Airbus Model A330–300 series airplane, as changed, continues to meet the applicable provisions of the regulations listed in Type Certificate No. A46NM or [Amended] VerDate Sep<11>2014 DEPARTMENT OF TRANSPORTATION [Amended] 19. Amend § 710.29, in paragraph (c), in the first sentence, by removing the words ‘‘his/her’’ and adding in their place the word ‘‘their’’. ■ 59597 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\23JYR1.SGM 23JYR1 59598 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations 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 A330–300 series airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate 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 A330–300 series airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101. ddrumheller on DSK120RN23PROD with RULES1 Novel or Unusual Design Features The Airbus Model A330–300 series airplane will incorporate the following novel or unusual design feature: Installation of a LDCRC under the passenger cabin floor in the cargo compartment. Discussion Section 25.819 applies to lower deck service compartments (including galleys) but is not directly applicable to LDCRC. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. Special conditions are required for the certification of the LDCRC to supplement part 25. The LDCRC will be located under the passenger cabin floor in the cargo compartment of the Airbus A330–330 model series airplane. It will be removable from the cargo compartment. Occupancy of the LDCRC will be limited to a maximum of eight crew members, and it will only be occupied in flight, i.e., not during taxi, takeoff, or landing. A smoke detection system, fire extinguishing system, oxygen system, and occupant amenities will be provided. The LDCRC will be accessed from the main deck via a stair house. The floor within the stair house has an access hatch that leads to stairs, which VerDate Sep<11>2014 17:25 Jul 22, 2024 Jkt 262001 occupants use to descend into the LDCRC. This hatch locks automatically in the open position when fully opened. In addition, there will be an emergency hatch, which opens directly into the main passenger cabin area. The LDCRC also has a maintenance access/ground loading door, which allows access to and from the cargo compartment. The intended use of this door is to allow cargo loading and maintenance personnel to enter the LDCRC from the cargo compartment when the airplane is on the ground, and not moving. The 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. Discussion of Comments The FAA issued Notice of Proposed Special Conditions No. 25–23–05–SC for the Airbus Model A330–300 series airplane, which was published in the Federal Register on December 13, 2023 (88 FR 86274). The FAA received a response from B/ E Aerospace Limited (B/E Aerospace). B/E Aerospace requested the FAA revise special condition (p) (Materials) because it should put the requirement of 14 CFR 25.853(c) into context with the materials used in the construction of the mattress assembly (e.g. ‘‘if more than insignificant amounts of [foam] are used’’), because the final rule for § 25.853(c) Amendment 25–59 places emphasis on the materials used in the construction of seat cushion assemblies (e.g. foams) as the primary reason for enhanced fire protection with fire blocking. B/E Aerospace further states, since the special condition does not go into specific details regarding the construction of the mattress assembly, it is assumed that the proposed mattress assembly will include significant amounts of foam materials which should be shown to comply with the requirements § 25.853(c). If the proposed mattress assembly does not include foam materials (and is similar to a traditional coil-spring mattress with various fabric materials), the requirements of § 25.853(c) appear to be taken out of context with the intent of the standard. The FAA disagrees with B/E Aerospace’s comments. Section 25.853 does not make any distinction between ‘‘significant’’ and ‘‘insignificant’’ amounts of foam used in the mattress assembly. B/E Aerospace has not provided any arguments why ‘‘insignificant’’ or small quantities of foam, in the mattress assembly, would PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 not be required to be shown to be compliant with the requirements of § 25.853(c). If any applicant has cushion materials that they believe should not be tested to the requirements of § 25.853(c), they always have the option of discussing the issue with the FAA and if warranted, an exemption or equivalent safety finding can be processed. No changes to the proposed rule wording is required. The special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the Airbus Model A330–300 series airplane for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate 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 one model A330–300 airplane. 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, 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 Airbus Model A330–300 series airplanes as modified by Aerocon Engineering Company. (a) Occupancy of the LDCRC is limited to a maximum of eight. There must be an approved seat or berth able to withstand the maximum flight loads when occupied for each occupant permitted in the crew rest compartment. (1) There must be appropriate placards displayed in a conspicuous place at each entrance to the LDCRC compartment to indicate: (i) The maximum number of occupants allowed. (ii) That occupancy is restricted to crewmembers that are trained in the evacuation procedures for the crew rest compartment. E:\FR\FM\23JYR1.SGM 23JYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations (iii) That occupancy is prohibited during taxi, take-off, and landing. (iv) That smoking is prohibited in the crew rest compartment. (v) That hazardous quantity of flammable fluids, explosives, or other dangerous cargo is prohibited from the crew rest compartment. (vi) That the crew rest area must be limited to the stowage of crew personal luggage and must not be used for the stowage of cargo or passenger baggage. (2) There must be at least one ashtray located conspicuously on or near the entry side of any entrance, usable inflight, to the crew rest compartment. (3) There must be a means to prevent passengers from entering the compartment in the event of an emergency or when no flight attendant is present. (4) There must be a means for any door installed between the crew rest compartment and passenger cabin to be capable of being quickly opened from inside the compartment, even when crowding occurs at each side of the door. (5) For all doors installed in the evacuation routes, there must be a means to preclude anyone from being trapped inside the compartment. If a locking mechanism is installed, it must be capable of being unlocked from the outside without the aid of special tools. The lock must not prevent opening from the inside of the compartment at any time. (b) There must be at least two emergency evacuation routes, which could be used by each occupant of the crew rest compartment to rapidly evacuate to the main cabin and be able to be closed from the main passenger cabin after evacuation. In addition— (1) The routes must be located with one at each end of the compartment, or with two having sufficient separation within the compartment and between the routes to minimize the possibility of an event (either inside or outside of the crew rest compartment) rendering both routes inoperative. (2) The routes must be designed to minimize the possibility of blockage, which might result from fire, mechanical or structural failure, or persons standing on top of or against the escape route. If an evacuation route utilizes an area where normal movement of passengers occurs, it must be demonstrated that passengers would not impede egress to the main deck. If a hatch is installed in an evacuation route, the point at which the evacuation route terminates in the passenger cabin should not be located where normal movement by passengers or crew occurs (main aisle, cross aisle, passageway or VerDate Sep<11>2014 17:25 Jul 22, 2024 Jkt 262001 galley complex). If such a location cannot be avoided, special consideration must be taken to ensure that the hatch or door can be opened when a person, the weight of a ninetyfifth percentile male, is standing on the hatch or door. The use of evacuation routes must not be dependent on any powered device. If there is low headroom at or near an evacuation route, provisions must be made to prevent or to protect occupants of the crew rest area from head injury. (3) Emergency evacuation procedures, including the emergency evacuation of an incapacitated occupant from the crew rest compartment, must be established. All of these procedures must be transmitted to the operator for incorporation into their training programs and appropriate operational manuals. (4) There must be a limitation in the airplane flight manual or other suitable means requiring that crewmembers be trained in the use of evacuation routes. (c) There must be a means for the evacuation of an incapacitated person (representative of a 95th percentile male) from the crew rest compartment to the passenger cabin floor. The evacuation must be demonstrated for all evacuation routes. A flight attendant or other crewmember (a total of one assistant within the crew rest area) may provide assistance in the evacuation. Additional assistance may be provided by up to three persons in the main passenger compartment. For evacuation routes having stairways, the additional assistants may descend down to one half the elevation change from the main deck to the lower deck compartment, or to the first landing, whichever is higher. (d) The following signs and placards must be provided in the crew rest compartment: (1) At least one exit sign, located near each exit, meeting the requirements of § 25.812(b)(1)(i) at Amendment 25–58, except that a sign with reduced background area of no less than 5.3 square inches (excluding the letters) may be utilized, provided that it is installed such that the material surrounding the exit sign is light in color (e.g., white, cream, light beige). If the material surrounding the exit sign is not light in color, a sign with a minimum of a one-inch wide background border around the letters would also be acceptable. (2) An appropriate placard located near each exit defining the location and the operating instructions for each evacuation route. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 59599 (3) Placards must be readable from a distance of 30 inches under emergency lighting conditions. (4) The exit handles and evacuation path operating instruction placards must be illuminated to at least 160 micro lamberts under emergency lighting conditions. (e) There must be a means in the event of failure of the aircraft’s main power system, or of the normal crew rest compartment lighting system, for emergency illumination to be automatically provided for the crew rest compartment. (1) This emergency illumination must be independent of the main lighting system. (2) The sources of general cabin illumination may be common to both the emergency and the main lighting systems if the power supply to the emergency lighting system is independent of the power supply to the main lighting system. (3) The illumination level must be sufficient for the occupants of the crew rest compartment to locate and transfer to the main passenger cabin floor by means of each evacuation route. (4) The illumination level must be sufficient with the privacy curtains in the closed position for each occupant of the crew rest to locate a deployed oxygen mask. (f) There must be means for two-way voice communications between crewmembers on the flight deck and occupants of the crew rest compartment. There must also be public address (PA) system microphones at each flight attendant seat required to be near a floor level exit in the passenger cabin per § 25.785(h) at Amendment 25–51. The PA system must allow two-way voice communications between flight attendants and the occupants of the crew rest compartment, except that one microphone may serve more than one exit provided the proximity of the exits allows unassisted verbal communication between seated flight attendants. (g) There must be a means for manual activation of an aural emergency alarm system, audible during normal and emergency conditions, to enable crewmembers on the flight deck and at each pair of required floor level emergency exits to alert occupants of the crew rest compartment of an emergency situation. Use of a public address or crew interphone system will be acceptable, provided an adequate means of differentiating between normal and emergency communications is incorporated. The system must be powered in flight, after the shutdown or failure of all engines and auxiliary E:\FR\FM\23JYR1.SGM 23JYR1 59600 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations power units (APU), or the disconnection or failure of all power sources dependent on their continued operation (i.e., engine & APU), for a period of at least ten minutes. (h) There must be a means, readily detectable by seated or standing occupants of the crew rest compartment, which indicates when seat belts should be fastened. In the event there are no seats, at least one means must be provided to cover anticipated turbulence (e.g., sufficient handholds). Seat belt type restraints must be provided for berths and must be compatible for the sleeping attitude during cruise conditions. There must be a placard on each berth requiring that seat belts must be fastened when occupied. If compliance with any of the other requirements of these special conditions is predicated on specific head location, there must be a placard identifying the head position. (i) In lieu of the requirements specified in § 25.1439(a) at Amendment 25–38 that pertain to isolated compartments and to provide a level of safety equivalent to that which is provided occupants of a small, isolated galley, the following equipment must be provided in the crew rest compartment: (1) At least one approved hand-held fire extinguisher appropriate for the kinds of fires likely to occur. (2) Two protective breathing equipment (PBE) devices approved to Technical Standard Order (TSO)–C116 or equivalent, suitable for firefighting, or one PBE for each hand-held fire extinguisher, whichever is greater. (3) One flashlight. ddrumheller on DSK120RN23PROD with RULES1 Note: Additional PBEs and fire extinguishers in specific locations, (beyond the minimum numbers prescribed in special condition (i)) may be required as a result of any egress analysis accomplished to satisfy special condition (b)(1). (j) A smoke or fire detection system (or systems) must be provided that monitors each occupiable area within the crew rest compartment, including those areas partitioned by curtains. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: (1) A visual indication to the flight deck within one minute after the start of a fire; (2) An aural warning in the crew rest compartment; and (3) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the positioning of flight attendants throughout the main passenger compartment during various phases of flight. VerDate Sep<11>2014 17:25 Jul 22, 2024 Jkt 262001 (k) The crew rest compartment must be designed such that fires within the compartment can be controlled without a crewmember having to enter the compartment, or the design of the access provisions must allow crewmembers equipped for firefighting to have unrestricted access to the compartment. The time for a crewmember on the main deck to react to the fire alarm, to don the firefighting equipment, and to gain access must not exceed the time for the compartment to become smoke-filled, making it difficult to locate the fire source. (l) There must be a means provided to exclude hazardous quantities of smoke or extinguishing agent originating in the crew rest compartment from entering any other compartment occupied by crewmembers or passengers. This means must include the time periods during the evacuation of the crew rest compartment and, if applicable, when accessing the crew rest compartment to manually fight a fire. Smoke entering any other compartment occupied by crewmembers or passengers when the access to the crew rest compartment is opened, during an emergency evacuation, must dissipate within five minutes after the access to the crew rest compartment is closed. (1) Hazardous quantities of smoke may not enter any other compartment occupied by crewmembers or passengers during subsequent access to manually fight a fire in the crew rest compartment (the amount of smoke entrained by a firefighter exiting the crew rest compartment through the access is not considered hazardous). (2) There must be a provision in the firefighting procedures to ensure that all door(s) and hatch(es) at the crew rest compartment outlets are closed after evacuation of the crew rest compartment and, during firefighting to minimize smoke and extinguishing agent from entering other occupiable compartments. (3) During the 1-minute smoke detection time, penetration of a small quantity of smoke from the crew rest compartment into an occupied area is acceptable. Flight tests must be conducted to show compliance with this requirement. (4) If a built-in fire extinguishing system is used in lieu of manual firefighting, then the fire extinguishing system must be designed so that no hazardous quantities of extinguishing agent will enter other compartments occupied by passengers or crew. The system must have adequate capacity to suppress any fire occurring in the crew rest compartment, considering the fire PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 threat, volume of the compartment and the ventilation rate. (m) There must be a supplemental oxygen system equivalent to that provided for main deck passengers for each seat and berth in the crew rest compartment. The system must provide an aural and visual warning to warn the occupants of the crew rest compartment to don oxygen masks in the event of decompression. The warning must activate before the cabin pressure altitude exceeds 15,000 feet. The aural warning must sound continuously for a minimum of five minutes or until a reset push button in the crew rest compartment is depressed. Procedures for crew rest occupants in the event of decompression must be established. These procedures must be transmitted to the operator for incorporation into their training programs and appropriate operational manuals. (n) The following requirements apply to crew rest compartments that are divided into several sections by the installation of curtains or partitions: (1) To compensate for sleeping occupants, there must be an aural alert that can be heard in each section of the crew rest area compartment that accompanies automatic presentation of supplemental oxygen masks. A visual indicator that occupants must don an oxygen mask is required in each section where seats or berths are not installed. A minimum of two supplemental oxygen masks is required for each seat or berth. There must also be a means by which the oxygen masks can be manually deployed from the flight deck. (2) A placard is required adjacent to each curtain that visually divides or separates, for privacy purposes, the crew rest area compartment into small sections. The placard must require that the curtain(s) remains open when the private section it creates is unoccupied. (3) For each crew rest section created by the installation of a curtain, the following requirements of these special conditions must be met with the curtain open or closed: (i) Emergency illumination (Special condition (e)). (ii) Emergency alarm system (Special condition (g)). (iii) Seat belt fasten signal or return to seat signal as applicable (Special condition (h)). (iv) The smoke or fire detection system (Special condition (j)). (4) Crew rest compartments visually divided to the extent that evacuation could be affected must have exit signs that direct occupants to the primary stairway exit. The exit signs must be provided in each separate section of the crew rest compartment and must meet E:\FR\FM\23JYR1.SGM 23JYR1 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations the requirements of § 25.812(b)(1)(i) at Amendment 25–58. An exit sign with reduced background area as described in special condition (d)(1) may be used to meet this requirement. (5) For sections within a crew rest compartment that are created by the installation of a partition with a door separating the sections, the following requirements of these special conditions must be met with the door open or closed: (i) There must be a secondary evacuation route from each section to the main deck, or alternatively, it must be shown that any door between the sections has been designed to preclude anyone from being trapped inside the compartment. Removal of an incapacitated occupant within this area must be considered. A secondary evacuation route from a small room designed for only one occupant for short time duration, such as a changing area or lavatory, is not required. However, removal of an incapacitated occupant within this area must be considered. (ii) Any door between the sections must be shown to be openable when crowded against, even when crowding occurs at each side of the door. (iii) There may be no more than one door between any seat or berth and the primary stairway exit. (iv) There must be exit signs in each section meeting the requirements of § 25.812(b)(1)(i) at Amendment 25–58 that direct occupants to the primary stairway exit. An exit sign with reduced background area as described in special condition (d).(1) may be used to meet this requirement. (v) Special conditions (e) (emergency illumination), (g) (emergency alarm system), (h) (fasten seat belt signal or return to seat signal as applicable), and (j) (smoke or fire detection system) must be met with the door open or closed. (vi) Special conditions (f) (two-way voice communication) and (i) (emergency firefighting and protective equipment) must be met independently for each separate section except for lavatories or other small areas that are not intended to be occupied for extended periods of time. (o) Where a waste disposal receptacle is fitted, it must be equipped with a built-in fire extinguisher designed to discharge automatically upon occurrence of a fire in the receptacle. (p) Materials (including finishes or decorative surfaces applied to the materials) must comply with the flammability requirements of § 25.853 at Amendment 25–66. Mattresses must comply with the flammability requirements of § 25.853(b) and (c) at Amendment 25–66. (q) If a lavatory is installed, all lavatories within the crew rest are required to meet the same requirements as those for a lavatory installed on the main deck except with regard to special condition (j) for smoke detection. (r) When a crew rest compartment is installed or enclosed as a removable module in part of a cargo compartment or is located directly adjacent to a cargo compartment without an intervening cargo compartment wall, the following applies: (1) Any wall of the module (container) forming part of the boundary of the reduced cargo compartment, subject to direct flame impingement from a fire in the cargo compartment and including any interface item between the module (container), and the airplane structure or systems, must meet the applicable 59601 requirements of § 25.855 at Amendment 25–60. (2) Means must be provided so that the fire protection level of the cargo compartment meets the applicable requirements of §§ 25.855 at amendment 25–60, 25.857 at amendment 25–60 and 25.858 at amendment 25–54 when the module (container) is not installed. (3) Use of each emergency evacuation route must not require occupants of the crew rest compartment to enter the cargo compartment in order to return to the passenger compartment. (4) The aural warning in special condition (g) must sound in the crew rest compartment in the event of a fire in the cargo compartment. (s) Means must be provided to prevent access into the Class C cargo compartment during all airplane operations and to ensure that the maintenance door is closed during all airplane flight operations. (t) All enclosed stowage compartments within the crew rest that are not limited to stowage of emergency equipment or airplane-supplied equipment (e.g., bedding) must meet the design criteria given in the table below. As indicated by the table below, this special condition does not address enclosed stowage compartments greater than 200 ft3 in interior volume. The inflight accessibility of very large, enclosed stowage compartments and the subsequent impact on the crewmember’s ability to effectively reach any part of the compartment with the contents of a hand fire extinguisher will require additional fire protection considerations similar to those required for inaccessible compartments such as Class C cargo compartments. ddrumheller on DSK120RN23PROD with RULES1 STOWAGE COMPARTMENT INTERIOR VOLUMES Fire protection features Less than 25 ft3 25 ft3 to 57 ft3 Materials of Construction 1 .............................................. Detectors 2 ....................................................................... Liner 3 ............................................................................... Locating Device 4 ............................................................. Yes .................................... No ...................................... No ...................................... No ...................................... Yes .................................... Yes .................................... No ...................................... Yes .................................... 57 ft3 to 200 ft3 Yes. Yes. Yes. Yes. 1 Materials of Construction: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability standards established for interior components per the requirements of § 25.853. For compartments less than 25 ft3 in interior volume, the design must ensure the ability to contain a fire likely to occur within the compartment under normal use. 2 Detectors: Enclosed stowage compartments equal to or exceeding 25 ft3 in interior volume must be provided with a smoke or fire detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: (a) A visual indication in the flight deck within one minute after the start of a fire; (b) An aural warning in the crew rest compartment; and (c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the positioning of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft3 in interior volume but less than 57 ft3 in interior volume. For all enclosed stowage compartments equal to or greater than 57 ft3 in interior volume but less than or equal to 200 ft3, a liner must be provided that meets the requirements of § 25.855 at Amendment 25–60 for a class B cargo compartment. 4 Location Detector: Crew rest areas which contain enclosed stowage compartments exceeding 25 ft3 interior volume and which are located away from one central location such as the entry to the crew rest area or a common area within the crew rest area would require additional fire protection features and/or devices to assist the firefighter in determining the location of a fire. VerDate Sep<11>2014 17:25 Jul 22, 2024 Jkt 262001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\23JYR1.SGM 23JYR1 59602 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Rules and Regulations Issued in Kansas City, Missouri, on July 12, 2024. Patrick R. Mullen, Manager, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2024–15854 Filed 7–22–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 61 [Docket No. FAA–2023–2083; Amdt. No. 61– 154] RIN 2120–AL89 Robinson Helicopter R–22 and R–44 Special Training and Experience Requirements Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: In this final rule, the FAA revises the Special Federal Aviation Regulation No. 73—Robinson R 22/R–44 Special Training and Experience Requirements to provide consistency with other FAA regulatory requirements, training, and Airman Certification Standards and Practical Test Standards. This final rule removes the low gravity flight instruction requirement to align this Special Federal Aviation Regulation with current aircraft placard requirements and the limitations section of the Robinson Helicopter Company Rotorcraft Flight Manual/Pilot Operating Handbook set forth by Airworthiness Directives. The FAA amends certain terminology in this Special Federal Aviation Regulation to mirror the Helicopter Flying Handbook, Airman Certification Standards, and Practical Test Standards. This final rule also clarifies the awareness training endorsement and flight review requirements for less experienced pilots, removes legacy dates, and updates the applicability section to include ground and flight training, including flight reviews provided by flight instructors. Finally, the FAA adds an expiration date to the Special Federal Aviation Regulation to allow the FAA time to review and refine the R–22 and R–44 requirements for ground training, aeronautical experience, including flight training, and flight reviews, before permanently adopting them into an independent separate subchapter. DATES: Effective August 22, 2024. ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:25 Jul 22, 2024 Jkt 262001 For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How to Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Cara M. Barbera, Training and Certification Group, General Aviation and Commercial Division, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1100; email Cara.Barbera@faa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Executive Summary A. Overview of Regulatory Action C. Summary of the Costs and Benefits II. Authority for This Rulemaking III. Background A. History D. AD 95–11–09 (R–22) and AD 95–11–10 (R–44) Low G Cyclic Pushover Prohibition Background C. Summary of the Notice of Proposed Rulemaking D. General Overview of Comments IV. Discussion of Comments and the Final Rule A. Support for the Rule B. Suggested Changes to the Rule V. Regulatory Notices and Analyses A. Regulatory Impact Analysis B. Regulatory Flexibility Act C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility G. Environmental Analysis VI. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use D. Executive Order 13609, Promoting International Regulatory Cooperation VII. Additional Information A. Electronic Access and Filing B. Small Business Regulatory Enforcement Fairness Act I. Executive Summary A. Overview of Regulatory Action Special Federal Aviation Regulation (SFAR) No. 73, found in part 61 of title 14 of the Code of Federal Regulations, addresses Robinson Helicopter Company R–22 and R–44 special training and experience requirements. SFAR No. 73 currently requires flight training on the effects of low gravity (low G) maneuvers and proper recovery procedures. However, because of the inherent danger in performing low gravity maneuvers, Airworthiness PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Directives 95–11–09 1 and 95–11–10 2 prohibit intentionally inducing low gravity flight in Robinson Helicopter Company model R–22 and R–44 helicopters, contrary to certain requirements in the current SFAR requiring dual instruction (flight instruction) on the effects of low G maneuvers and proper recovery procedures. Therefore, this final rule removes the requirement in the SFAR to perform low gravity maneuvers during flight training due to safety concerns. However, low gravity hazards will continue to be addressed in ground training. Additionally, this final rule replaces the term ‘‘awareness training’’ with ‘‘ground training.’’ Additionally, this final rule updates SFAR No. 73 to align its terminology with other regulations and publications. Certain terminology used in the current SFAR is neither defined nor used in the same context as found in the Helicopter Flying Handbook (HFH),3 Airman Certification Standards, Practical Test Standards,4 and part 61. Specifically, updating the terms ‘‘awareness,’’ ‘‘certified/certificated flight instructor,’’ and ‘‘blade stall’’ provides consistency with part 61 terms and definitions without impacting preexisting requirements. In addition, the final rule replaces the term ‘‘enhanced’’ with more specific language detailing how to satisfy autorotation training in an R–22 and/or R–44 helicopter. The terminology changes do not require updates to endorsements, websites, or other publications. Further, this final rule aligns certain provisions pertaining to applicability, ground training, and flight reviews. First, this rulemaking revises the applicability section in SFAR No. 73 by including applicability to flight 1 See AD 95–11–09, Robinson Helicopter Company Model R22 Helicopters (Jul. 14, 1995), https://drs.faa.gov/browse/excelExternalWindow/ AB0E6D73A5A548F186256A4D006126BD.0001. 2 See AD 95–11–10, Robinson Helicopter Company Model R44 Helicopters (Jul. 14, 1995), https://drs.faa.gov/browse/excelExternalWindow/ FED1D31B434F466E86256A4D00613579.0001. 3 See Helicopter Flying Handbook, FAA–H–8083– 21B (2019) https://www.faa.gov/sites/faa.gov/files/ regulations_policies/handbooks_manuals/aviation/ helicopter_flying_handbook/helicopter_flying_ handbook.pdf. 4 See Airman Certification Standards and Practical Test Standards https://www.faa.gov/ training_testing/testing/acs. The FAA notes that the notice of proposed rulemaking (NPRM) (88 FR 71509, October 17, 2023) to this final rule only referred to alignment with the Practical Test Standards (PTSs), as no helicopter PTSs had transitioned to Airman Certification Standards (ACSs) yet. However, on April 1, 2024, the FAA issued a final rule incorporating the ACSs and PTSs, which included four newly published helicopter ACSs for: commercial pilot certificate, private pilot certificate, instrument rating, and flight instructor certificate. See 89 FR 22482. E:\FR\FM\23JYR1.SGM 23JYR1

Agencies

[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Rules and Regulations]
[Pages 59597-59602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15854]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2023-2251; Special Conditions No. 25-865-SC]


Special Conditions: Aerocon Engineering Company, Airbus Model 
A330-300 Series Airplane; Lower Deck Crew Rest Compartment Installation

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Airbus Model A330-
300 series airplane. This airplane as modified by Aerocon Engineering 
Company (Aerocon) 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 an 
installation of a lower deck crew rest compartment (LDCRC) under the 
passenger cabin floor in the cargo compartment. 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: Effective August 22, 2024.

FOR FURTHER INFORMATION CONTACT: Daniel Jacquet, Cabin Safety, 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) 
231-3208; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 5, 2022, Aerocon applied for a supplemental type 
certificate for the installation of a LDCRC in the Airbus Model A330-
300 series airplane. The Airbus Model A330-300 series airplane is a 
twin-engine, transport-category airplane with a maximum takeoff weight 
of 533,518 pounds and maximum seating for 440 passengers.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Aerocon must show that the 
Airbus Model A330-300 series airplane, as changed, continues to meet 
the applicable provisions of the regulations listed in Type Certificate 
No. A46NM or

[[Page 59598]]

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 A330-300 series 
airplane because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Should the applicant apply for a supplemental type certificate to 
modify any other model included on the same type certificate 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 A330-300 series airplane must comply with 
the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and 
the noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A330-300 series airplane will incorporate the 
following novel or unusual design feature:
    Installation of a LDCRC under the passenger cabin floor in the 
cargo compartment.

Discussion

    Section 25.819 applies to lower deck service compartments 
(including galleys) but is not directly applicable to LDCRC. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature. Special 
conditions are required for the certification of the LDCRC to 
supplement part 25.
    The LDCRC will be located under the passenger cabin floor in the 
cargo compartment of the Airbus A330-330 model series airplane. It will 
be removable from the cargo compartment. Occupancy of the LDCRC will be 
limited to a maximum of eight crew members, and it will only be 
occupied in flight, i.e., not during taxi, takeoff, or landing. A smoke 
detection system, fire extinguishing system, oxygen system, and 
occupant amenities will be provided.
    The LDCRC will be accessed from the main deck via a stair house. 
The floor within the stair house has an access hatch that leads to 
stairs, which occupants use to descend into the LDCRC. This hatch locks 
automatically in the open position when fully opened. In addition, 
there will be an emergency hatch, which opens directly into the main 
passenger cabin area. The LDCRC also has a maintenance access/ground 
loading door, which allows access to and from the cargo compartment. 
The intended use of this door is to allow cargo loading and maintenance 
personnel to enter the LDCRC from the cargo compartment when the 
airplane is on the ground, and not moving.
    The 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.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-23-05-
SC for the Airbus Model A330-300 series airplane, which was published 
in the Federal Register on December 13, 2023 (88 FR 86274).
    The FAA received a response from B/E Aerospace Limited (B/E 
Aerospace).
    B/E Aerospace requested the FAA revise special condition (p) 
(Materials) because it should put the requirement of 14 CFR 25.853(c) 
into context with the materials used in the construction of the 
mattress assembly (e.g. ``if more than insignificant amounts of [foam] 
are used''), because the final rule for Sec.  25.853(c) Amendment 25-59 
places emphasis on the materials used in the construction of seat 
cushion assemblies (e.g. foams) as the primary reason for enhanced fire 
protection with fire blocking.
    B/E Aerospace further states, since the special condition does not 
go into specific details regarding the construction of the mattress 
assembly, it is assumed that the proposed mattress assembly will 
include significant amounts of foam materials which should be shown to 
comply with the requirements Sec.  25.853(c). If the proposed mattress 
assembly does not include foam materials (and is similar to a 
traditional coil-spring mattress with various fabric materials), the 
requirements of Sec.  25.853(c) appear to be taken out of context with 
the intent of the standard.
    The FAA disagrees with B/E Aerospace's comments. Section 25.853 
does not make any distinction between ``significant'' and 
``insignificant'' amounts of foam used in the mattress assembly. B/E 
Aerospace has not provided any arguments why ``insignificant'' or small 
quantities of foam, in the mattress assembly, would not be required to 
be shown to be compliant with the requirements of Sec.  25.853(c). If 
any applicant has cushion materials that they believe should not be 
tested to the requirements of Sec.  25.853(c), they always have the 
option of discussing the issue with the FAA and if warranted, an 
exemption or equivalent safety finding can be processed. No changes to 
the proposed rule wording is required. The special conditions are 
adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus Model A330-300 series airplane for which they are issued. Should 
the applicant apply for a supplemental type certificate to modify any 
other model included on the same type certificate 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 
one model A330-300 airplane. 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, 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 Airbus Model A330-300 series airplanes 
as modified by Aerocon Engineering Company.
    (a) Occupancy of the LDCRC is limited to a maximum of eight. There 
must be an approved seat or berth able to withstand the maximum flight 
loads when occupied for each occupant permitted in the crew rest 
compartment.
    (1) There must be appropriate placards displayed in a conspicuous 
place at each entrance to the LDCRC compartment to indicate:
    (i) The maximum number of occupants allowed.
    (ii) That occupancy is restricted to crewmembers that are trained 
in the evacuation procedures for the crew rest compartment.

[[Page 59599]]

    (iii) That occupancy is prohibited during taxi, take-off, and 
landing.
    (iv) That smoking is prohibited in the crew rest compartment.
    (v) That hazardous quantity of flammable fluids, explosives, or 
other dangerous cargo is prohibited from the crew rest compartment.
    (vi) That the crew rest area must be limited to the stowage of crew 
personal luggage and must not be used for the stowage of cargo or 
passenger baggage.
    (2) There must be at least one ashtray located conspicuously on or 
near the entry side of any entrance, usable in-flight, to the crew rest 
compartment.
    (3) There must be a means to prevent passengers from entering the 
compartment in the event of an emergency or when no flight attendant is 
present.
    (4) There must be a means for any door installed between the crew 
rest compartment and passenger cabin to be capable of being quickly 
opened from inside the compartment, even when crowding occurs at each 
side of the door.
    (5) For all doors installed in the evacuation routes, there must be 
a means to preclude anyone from being trapped inside the compartment. 
If a locking mechanism is installed, it must be capable of being 
unlocked from the outside without the aid of special tools. The lock 
must not prevent opening from the inside of the compartment at any 
time.
    (b) There must be at least two emergency evacuation routes, which 
could be used by each occupant of the crew rest compartment to rapidly 
evacuate to the main cabin and be able to be closed from the main 
passenger cabin after evacuation. In addition--
    (1) The routes must be located with one at each end of the 
compartment, or with two having sufficient separation within the 
compartment and between the routes to minimize the possibility of an 
event (either inside or outside of the crew rest compartment) rendering 
both routes inoperative.
    (2) The routes must be designed to minimize the possibility of 
blockage, which might result from fire, mechanical or structural 
failure, or persons standing on top of or against the escape route. If 
an evacuation route utilizes an area where normal movement of 
passengers occurs, it must be demonstrated that passengers would not 
impede egress to the main deck. If a hatch is installed in an 
evacuation route, the point at which the evacuation route terminates in 
the passenger cabin should not be located where normal movement by 
passengers or crew occurs (main aisle, cross aisle, passageway or 
galley complex). If such a location cannot be avoided, special 
consideration must be taken to ensure that the hatch or door can be 
opened when a person, the weight of a ninety-fifth percentile male, is 
standing on the hatch or door. The use of evacuation routes must not be 
dependent on any powered device. If there is low headroom at or near an 
evacuation route, provisions must be made to prevent or to protect 
occupants of the crew rest area from head injury.
    (3) Emergency evacuation procedures, including the emergency 
evacuation of an incapacitated occupant from the crew rest compartment, 
must be established. All of these procedures must be transmitted to the 
operator for incorporation into their training programs and appropriate 
operational manuals.
    (4) There must be a limitation in the airplane flight manual or 
other suitable means requiring that crewmembers be trained in the use 
of evacuation routes.
    (c) There must be a means for the evacuation of an incapacitated 
person (representative of a 95th percentile male) from the crew rest 
compartment to the passenger cabin floor.
    The evacuation must be demonstrated for all evacuation routes. A 
flight attendant or other crewmember (a total of one assistant within 
the crew rest area) may provide assistance in the evacuation. 
Additional assistance may be provided by up to three persons in the 
main passenger compartment. For evacuation routes having stairways, the 
additional assistants may descend down to one half the elevation change 
from the main deck to the lower deck compartment, or to the first 
landing, whichever is higher.
    (d) The following signs and placards must be provided in the crew 
rest compartment:
    (1) At least one exit sign, located near each exit, meeting the 
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58, except that a 
sign with reduced background area of no less than 5.3 square inches 
(excluding the letters) may be utilized, provided that it is installed 
such that the material surrounding the exit sign is light in color 
(e.g., white, cream, light beige). If the material surrounding the exit 
sign is not light in color, a sign with a minimum of a one-inch wide 
background border around the letters would also be acceptable.
    (2) An appropriate placard located near each exit defining the 
location and the operating instructions for each evacuation route.
    (3) Placards must be readable from a distance of 30 inches under 
emergency lighting conditions.
    (4) The exit handles and evacuation path operating instruction 
placards must be illuminated to at least 160 micro lamberts under 
emergency lighting conditions.
    (e) There must be a means in the event of failure of the aircraft's 
main power system, or of the normal crew rest compartment lighting 
system, for emergency illumination to be automatically provided for the 
crew rest compartment.
    (1) This emergency illumination must be independent of the main 
lighting system.
    (2) The sources of general cabin illumination may be common to both 
the emergency and the main lighting systems if the power supply to the 
emergency lighting system is independent of the power supply to the 
main lighting system.
    (3) The illumination level must be sufficient for the occupants of 
the crew rest compartment to locate and transfer to the main passenger 
cabin floor by means of each evacuation route.
    (4) The illumination level must be sufficient with the privacy 
curtains in the closed position for each occupant of the crew rest to 
locate a deployed oxygen mask.
    (f) There must be means for two-way voice communications between 
crewmembers on the flight deck and occupants of the crew rest 
compartment. There must also be public address (PA) system microphones 
at each flight attendant seat required to be near a floor level exit in 
the passenger cabin per Sec.  25.785(h) at Amendment 25-51. The PA 
system must allow two-way voice communications between flight 
attendants and the occupants of the crew rest compartment, except that 
one microphone may serve more than one exit provided the proximity of 
the exits allows unassisted verbal communication between seated flight 
attendants.
    (g) There must be a means for manual activation of an aural 
emergency alarm system, audible during normal and emergency conditions, 
to enable crewmembers on the flight deck and at each pair of required 
floor level emergency exits to alert occupants of the crew rest 
compartment of an emergency situation. Use of a public address or crew 
interphone system will be acceptable, provided an adequate means of 
differentiating between normal and emergency communications is 
incorporated. The system must be powered in flight, after the shutdown 
or failure of all engines and auxiliary

[[Page 59600]]

power units (APU), or the disconnection or failure of all power sources 
dependent on their continued operation (i.e., engine & APU), for a 
period of at least ten minutes.
    (h) There must be a means, readily detectable by seated or standing 
occupants of the crew rest compartment, which indicates when seat belts 
should be fastened. In the event there are no seats, at least one means 
must be provided to cover anticipated turbulence (e.g., sufficient 
handholds). Seat belt type restraints must be provided for berths and 
must be compatible for the sleeping attitude during cruise conditions. 
There must be a placard on each berth requiring that seat belts must be 
fastened when occupied. If compliance with any of the other 
requirements of these special conditions is predicated on specific head 
location, there must be a placard identifying the head position.
    (i) In lieu of the requirements specified in Sec.  25.1439(a) at 
Amendment 25-38 that pertain to isolated compartments and to provide a 
level of safety equivalent to that which is provided occupants of a 
small, isolated galley, the following equipment must be provided in the 
crew rest compartment:
    (1) At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur.
    (2) Two protective breathing equipment (PBE) devices approved to 
Technical Standard Order (TSO)-C116 or equivalent, suitable for 
firefighting, or one PBE for each hand-held fire extinguisher, 
whichever is greater.
    (3) One flashlight.

    Note:  Additional PBEs and fire extinguishers in specific 
locations, (beyond the minimum numbers prescribed in special 
condition (i)) may be required as a result of any egress analysis 
accomplished to satisfy special condition (b)(1).

    (j) A smoke or fire detection system (or systems) must be provided 
that monitors each occupiable area within the crew rest compartment, 
including those areas partitioned by curtains. Flight tests must be 
conducted to show compliance with this requirement. Each system (or 
systems) must provide:
    (1) A visual indication to the flight deck within one minute after 
the start of a fire;
    (2) An aural warning in the crew rest compartment; and
    (3) A warning in the main passenger cabin. This warning must be 
readily detectable by a flight attendant, taking into consideration the 
positioning of flight attendants throughout the main passenger 
compartment during various phases of flight.
    (k) The crew rest compartment must be designed such that fires 
within the compartment can be controlled without a crewmember having to 
enter the compartment, or the design of the access provisions must 
allow crewmembers equipped for firefighting to have unrestricted access 
to the compartment. The time for a crewmember on the main deck to react 
to the fire alarm, to don the firefighting equipment, and to gain 
access must not exceed the time for the compartment to become smoke-
filled, making it difficult to locate the fire source.
    (l) There must be a means provided to exclude hazardous quantities 
of smoke or extinguishing agent originating in the crew rest 
compartment from entering any other compartment occupied by crewmembers 
or passengers. This means must include the time periods during the 
evacuation of the crew rest compartment and, if applicable, when 
accessing the crew rest compartment to manually fight a fire. Smoke 
entering any other compartment occupied by crewmembers or passengers 
when the access to the crew rest compartment is opened, during an 
emergency evacuation, must dissipate within five minutes after the 
access to the crew rest compartment is closed.
    (1) Hazardous quantities of smoke may not enter any other 
compartment occupied by crewmembers or passengers during subsequent 
access to manually fight a fire in the crew rest compartment (the 
amount of smoke entrained by a firefighter exiting the crew rest 
compartment through the access is not considered hazardous).
    (2) There must be a provision in the firefighting procedures to 
ensure that all door(s) and hatch(es) at the crew rest compartment 
outlets are closed after evacuation of the crew rest compartment and, 
during firefighting to minimize smoke and extinguishing agent from 
entering other occupiable compartments.
    (3) During the 1-minute smoke detection time, penetration of a 
small quantity of smoke from the crew rest compartment into an occupied 
area is acceptable. Flight tests must be conducted to show compliance 
with this requirement.
    (4) If a built-in fire extinguishing system is used in lieu of 
manual firefighting, then the fire extinguishing system must be 
designed so that no hazardous quantities of extinguishing agent will 
enter other compartments occupied by passengers or crew. The system 
must have adequate capacity to suppress any fire occurring in the crew 
rest compartment, considering the fire threat, volume of the 
compartment and the ventilation rate.
    (m) There must be a supplemental oxygen system equivalent to that 
provided for main deck passengers for each seat and berth in the crew 
rest compartment. The system must provide an aural and visual warning 
to warn the occupants of the crew rest compartment to don oxygen masks 
in the event of decompression. The warning must activate before the 
cabin pressure altitude exceeds 15,000 feet. The aural warning must 
sound continuously for a minimum of five minutes or until a reset push 
button in the crew rest compartment is depressed. Procedures for crew 
rest occupants in the event of decompression must be established. These 
procedures must be transmitted to the operator for incorporation into 
their training programs and appropriate operational manuals.
    (n) The following requirements apply to crew rest compartments that 
are divided into several sections by the installation of curtains or 
partitions:
    (1) To compensate for sleeping occupants, there must be an aural 
alert that can be heard in each section of the crew rest area 
compartment that accompanies automatic presentation of supplemental 
oxygen masks. A visual indicator that occupants must don an oxygen mask 
is required in each section where seats or berths are not installed. A 
minimum of two supplemental oxygen masks is required for each seat or 
berth. There must also be a means by which the oxygen masks can be 
manually deployed from the flight deck.
    (2) A placard is required adjacent to each curtain that visually 
divides or separates, for privacy purposes, the crew rest area 
compartment into small sections. The placard must require that the 
curtain(s) remains open when the private section it creates is 
unoccupied.
    (3) For each crew rest section created by the installation of a 
curtain, the following requirements of these special conditions must be 
met with the curtain open or closed:
    (i) Emergency illumination (Special condition (e)).
    (ii) Emergency alarm system (Special condition (g)).
    (iii) Seat belt fasten signal or return to seat signal as 
applicable (Special condition (h)).
    (iv) The smoke or fire detection system (Special condition (j)).
    (4) Crew rest compartments visually divided to the extent that 
evacuation could be affected must have exit signs that direct occupants 
to the primary stairway exit. The exit signs must be provided in each 
separate section of the crew rest compartment and must meet

[[Page 59601]]

the requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58. An exit 
sign with reduced background area as described in special condition 
(d)(1) may be used to meet this requirement.
    (5) For sections within a crew rest compartment that are created by 
the installation of a partition with a door separating the sections, 
the following requirements of these special conditions must be met with 
the door open or closed:
    (i) There must be a secondary evacuation route from each section to 
the main deck, or alternatively, it must be shown that any door between 
the sections has been designed to preclude anyone from being trapped 
inside the compartment. Removal of an incapacitated occupant within 
this area must be considered. A secondary evacuation route from a small 
room designed for only one occupant for short time duration, such as a 
changing area or lavatory, is not required. However, removal of an 
incapacitated occupant within this area must be considered.
    (ii) Any door between the sections must be shown to be openable 
when crowded against, even when crowding occurs at each side of the 
door.
    (iii) There may be no more than one door between any seat or berth 
and the primary stairway exit.
    (iv) There must be exit signs in each section meeting the 
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58 that direct 
occupants to the primary stairway exit. An exit sign with reduced 
background area as described in special condition (d).(1) may be used 
to meet this requirement.
    (v) Special conditions (e) (emergency illumination), (g) (emergency 
alarm system), (h) (fasten seat belt signal or return to seat signal as 
applicable), and (j) (smoke or fire detection system) must be met with 
the door open or closed.
    (vi) Special conditions (f) (two-way voice communication) and (i) 
(emergency firefighting and protective equipment) must be met 
independently for each separate section except for lavatories or other 
small areas that are not intended to be occupied for extended periods 
of time.
    (o) Where a waste disposal receptacle is fitted, it must be 
equipped with a built-in fire extinguisher designed to discharge 
automatically upon occurrence of a fire in the receptacle.
    (p) Materials (including finishes or decorative surfaces applied to 
the materials) must comply with the flammability requirements of Sec.  
25.853 at Amendment 25-66. Mattresses must comply with the flammability 
requirements of Sec.  25.853(b) and (c) at Amendment 25-66.
    (q) If a lavatory is installed, all lavatories within the crew rest 
are required to meet the same requirements as those for a lavatory 
installed on the main deck except with regard to special condition (j) 
for smoke detection.
    (r) When a crew rest compartment is installed or enclosed as a 
removable module in part of a cargo compartment or is located directly 
adjacent to a cargo compartment without an intervening cargo 
compartment wall, the following applies:
    (1) Any wall of the module (container) forming part of the boundary 
of the reduced cargo compartment, subject to direct flame impingement 
from a fire in the cargo compartment and including any interface item 
between the module (container), and the airplane structure or systems, 
must meet the applicable requirements of Sec.  25.855 at Amendment 25-
60.
    (2) Means must be provided so that the fire protection level of the 
cargo compartment meets the applicable requirements of Sec. Sec.  
25.855 at amendment 25-60, 25.857 at amendment 25-60 and 25.858 at 
amendment 25-54 when the module (container) is not installed.
    (3) Use of each emergency evacuation route must not require 
occupants of the crew rest compartment to enter the cargo compartment 
in order to return to the passenger compartment.
    (4) The aural warning in special condition (g) must sound in the 
crew rest compartment in the event of a fire in the cargo compartment.
    (s) Means must be provided to prevent access into the Class C cargo 
compartment during all airplane operations and to ensure that the 
maintenance door is closed during all airplane flight operations.
    (t) All enclosed stowage compartments within the crew rest that are 
not limited to stowage of emergency equipment or airplane-supplied 
equipment (e.g., bedding) must meet the design criteria given in the 
table below. As indicated by the table below, this special condition 
does not address enclosed stowage compartments greater than 200 ft\3\ 
in interior volume. The in-flight accessibility of very large, enclosed 
stowage compartments and the subsequent impact on the crewmember's 
ability to effectively reach any part of the compartment with the 
contents of a hand fire extinguisher will require additional fire 
protection considerations similar to those required for inaccessible 
compartments such as Class C cargo compartments.

                                      Stowage Compartment Interior Volumes
----------------------------------------------------------------------------------------------------------------
       Fire protection features           Less than 25 ft\3\      25 ft\3\ to 57 ft\3\    57 ft\3\ to 200 ft\3\
----------------------------------------------------------------------------------------------------------------
Materials of Construction \1\........  Yes....................  Yes....................  Yes.
Detectors \2\........................  No.....................  Yes....................  Yes.
Liner \3\............................  No.....................  No.....................  Yes.
Locating Device \4\..................  No.....................  Yes....................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ Materials of Construction: The material used to construct each enclosed stowage compartment must at least be
  fire resistant and must meet the flammability standards established for interior components per the
  requirements of Sec.   25.853. For compartments less than 25 ft\3\ in interior volume, the design must ensure
  the ability to contain a fire likely to occur within the compartment under normal use.
\2\ Detectors: Enclosed stowage compartments equal to or exceeding 25 ft\3\ in interior volume must be provided
  with a smoke or fire detection system to ensure that a fire can be detected within a one-minute detection
  time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must
  provide:
(a) A visual indication in the flight deck within one minute after the start of a fire;
(b) An aural warning in the crew rest compartment; and
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking
  into consideration the positioning of flight attendants throughout the main passenger compartment during
  various phases of flight.
\3\ Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability
  requirements of a liner for a Class B cargo compartment, then no liner would be required for enclosed stowage
  compartments equal to or greater than 25 ft\3\ in interior volume but less than 57 ft\3\ in interior volume.
  For all enclosed stowage compartments equal to or greater than 57 ft\3\ in interior volume but less than or
  equal to 200 ft\3\, a liner must be provided that meets the requirements of Sec.   25.855 at Amendment 25-60
  for a class B cargo compartment.
\4\ Location Detector: Crew rest areas which contain enclosed stowage compartments exceeding 25 ft\3\ interior
  volume and which are located away from one central location such as the entry to the crew rest area or a
  common area within the crew rest area would require additional fire protection features and/or devices to
  assist the firefighter in determining the location of a fire.



[[Page 59602]]

    Issued in Kansas City, Missouri, on July 12, 2024.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2024-15854 Filed 7-22-24; 8:45 am]
BILLING CODE 4910-13-P


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