Special Conditions: Aerocon Engineering Company, Airbus Model A330-300 Series Airplane; Lower Deck Crew Rest Compartment Installation, 59597-59602 [2024-15854]
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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
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(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.
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■ 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.
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(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.
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§ 710.27
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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.
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(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’’
■
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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]
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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
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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.
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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
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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
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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.
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(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
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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.
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(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
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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.
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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.
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(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
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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
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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.
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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:
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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