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Federal Register / Vol. 72, No.

208 / Monday, October 29, 2007 / Proposed Rules 61079

trays met the heat release and smoke defined in 14 CFR 25.853(d) to seats per seat place that does not have to
requirements. The requirements with large, non-metallic panels in their comply with special condition Number
therefore did not address seats. The design. 1, above. A triple seat assembly may
preambles to both the Notice of have a total of 4.5 square feet excluded
Applicability
Proposed Rule Making (NPRM), Notice on any portion of the assembly (e.g.,
No. 85–10 (50 FR 15038, April 16, 1985) As discussed above, these special outboard seat place 1 square foot,
and the Final Rule at Amendment 25– conditions are applicable to Boeing middle 1 square foot, and inboard 2.5
61 (51 FR 26206, July 21, 1986), Model 747 series airplanes. It is not our square feet).
specifically note that seats were intent, however, to require seats with 3. Seats do not have to meet the test
excluded ‘‘because the recently-adopted large, non-metallic panels to meet requirements of Title 14 CFR part 25,
standards for flammability of seat § 25.853, Appendix F, parts IV and V, if Appendix F, parts IV and V, when
cushions will greatly inhibit they are installed in cabins of airplanes installed in compartments that are not
involvement of the seats.’’ that otherwise are not required to meet otherwise required to meet these
Subsequently, the Final Rule at these standards. Because the heat requirements. Examples include:
Amendment 25–83 (60 FR 6615, March release and smoke testing requirements a. Airplanes with passenger capacities
6, 1995) clarified the definition of of § 25.853, Appendix F, parts IV and V, of 19 or less,
minimum panel size: ‘‘It is not possible are not part of the type certification b. Airplanes that do not have § 25.853,
to cite a specific size that will apply in basis of the Model 747, these special Amendment 25–61 or later, in their
all installations; however, as a general conditions are only applicable if the certification basis and do not need to
rule, components with exposed-surface Model 747 series airplanes are in 14 comply with the requirements of 14 CFR
areas of one square foot or less may be CFR part 121 operations. Section § 121.312, and
considered small enough that they do 121.312 requires compliance with the c. Airplanes exempted from § 25.853,
not have to meet the new standards. heat release and smoke testing Amendment 25–61 or later.
Components with exposed-surface areas requirements of § 25.853, for certain 4. Only airplanes associated with new
greater than two square feet may be airplanes, irrespective of the type seat certification programs approved
considered large enough that they do certification bases of those airplanes. after the effective date of these special
have to meet the new standards. Those For the Model 747, these are the conditions will be affected by the
with exposed-surface areas greater than airplanes that would be affected by requirements in these special
one square foot, but less than two square these special conditions. Should Boeing conditions. Previously certificated
feet, must be considered in conjunction apply at a later date for a change to the interiors on the existing airplane fleet
with the areas of the cabin in which type certificate to include another and follow-on deliveries of airplanes
they are installed before a determination model incorporating the same novel or with previously certificated interiors are
could be made.’’ unusual design feature, the special not affected.
In the late 1990s, the FAA issued conditions would apply to that model as Issued in Renton, Washington, on October
Policy Memorandum 97–112–39, well. 19, 2007.
Guidance for Flammability Testing of Ali Bahrami,
Seat/Console Installations, October 17, Conclusion
Manager, Transport Airplane Directorate,
1997 (http://rgl.faa.gov). That memo This action affects only certain novel Aircraft Certification Service.
was issued when it became clear that or unusual design features on one model
[FR Doc. E7–21236 Filed 10–26–07; 8:45 am]
seat designs were evolving to include series of airplanes. It is not a rule of
BILLING CODE 4910–13–P
large, non-metallic panels with surface general applicability.
areas that would impact survivability
List of Subjects in 14 CFR Part 25
during a cabin fire event, comparable to
Aircraft, Aviation safety, Reporting DEPARTMENT OF TRANSPORTATION
partitions or galleys. The memo noted
that large surface area panels must and recordkeeping requirements.
Federal Aviation Administration
comply with heat release and smoke The authority citation for these
emission requirements, even if they special conditions is as follows: 14 CFR Part 25
were attached to a seat. If the FAA had Authority: 49 U.S.C. 106(g), 40113, 44701,
not issued such policy, seat designs 44702, 44704. [Docket No. NM382; Notice No. 25–07–14–
could have been viewed as a loophole SC]
to the airworthiness standards that The Proposed Special Conditions
Special Conditions: Boeing Model 767
would result in an unacceptable Accordingly, the Federal Aviation
Series Airplanes; Seats With Non-
decrease in survivability during a cabin Administration (FAA) proposes the
Traditional, Large, Non-Metallic Panels
fire event. following special conditions as part of
In October of 2004, an issue was the type certification basis for Boeing AGENCY: Federal Aviation
raised regarding the appropriate Model 747 series airplanes. Administration (FAA), DOT.
flammability standards for passenger 1. Except as provided in paragraph 3 ACTION: Notice of proposed special
seats that incorporated non-traditional, of these special conditions, compliance conditions.
large, non-metallic panels in lieu of the with Title 14 CFR part 25, Appendix F,
traditional metal covered by fabric. The parts IV and V, heat release and smoke SUMMARY: This action proposes special
Seattle Aircraft Certification Office and emission, is required for seats that conditions for Boeing Model 767 series
Transport Standards Staff reviewed this incorporate non-traditional, large, non- airplanes. These airplanes will have a
design and determined that it novel or unusual design feature(s)
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metallic panels that may either be a


represented the kind and quantity of single component or multiple associated with seats that include non-
material that should be required to pass components in a concentrated area in traditional, large, non-metallic panels
the heat release and smoke emissions their design. that would affect survivability during a
requirements. We have determined that 2. The applicant may designate up to post-crash fire event. The applicable
special conditions would be and including 1.5 square feet of non- airworthiness regulations do not contain
promulgated to apply the standards traditional, non-metallic panel material adequate or appropriate safety standards

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61080 Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Proposed Rules

for this design feature. These proposed will stamp the date on the postcard and swept-wing, conventional tail, twin-
special conditions contain the mail it back to you. engine, turbofan-powered, dual aisle,
additional safety standards that the medium-sized transport category
Proposed Change to Special Condition
Administrator considers necessary to airplanes.
Number 4 The applicable regulations to
establish a level of safety equivalent to
that established by the existing The FAA previously notified the airplanes currently approved under
airworthiness standards. public of our intent to issue special Type Certificate No. A1NM do not
DATES: We must receive your comments conditions for seats with non- require seats to meet the more stringent
by November 28, 2007. traditional, large, non-metallic panels flammability standards required of
ADDRESSES: You must mail two copies
on various airplane makes and models. large, non-metallic panels in the cabin
of your comments to: Federal Aviation Notice of Proposed Special Conditions interior. At the time the applicable rules
Administration, Transport Airplane No. 25–06–13–SC, applicable to Boeing were written, seats were designed with
Model 737 series airplanes, was a metal frame covered by fabric, not
Directorate, Attn: Rules Docket (ANM–
published in the Federal Register on with large, non-metallic panels. Seats
113), Docket No. NM382, 1601 Lind
November 9, 2006 (71 FR 65761). The also met the then recently adopted
Avenue, SW., Renton, Washington
special conditions were issued on June standards for flammability of seat
98057–3356. You may deliver two
29, 2007 (Docket No. NM 359, Special cushions. With the seat design being
copies to the Transport Airplane
Conditions No. 25–358–SC), published mostly fabric and metal, the
Directorate at the above address. You
in the Federal Register on July 10, 2007 contribution to a fire in the cabin had
must mark your comments: Docket No.
(72 FR 37425), and became effective on been minimized and was not considered
NM382. You can inspect comments in
August 9, 2007. Both the Notice and the a threat. For these reasons, seats did not
the Rules Docket weekdays, except
Final Special Conditions contained need to be tested to heat release and
Federal holidays, between 7:30 a.m. and
these words: smoke emission requirements.
4 p.m. Seat designs have now evolved to
FOR FURTHER INFORMATION CONTACT: We anticipate that seats with non-
traditional, large, non-metallic panels will be occasionally include non-traditional,
Alan Sinclair, FAA, Airframe/Cabin large, non-metallic panels. Taken in
installed in other makes and models of
Safety Branch, ANM–115, Transport airplanes. We have made the determination total, the surface area of these panels is
Airplane Directorate, Aircraft to require special conditions for all on the same order as the sidewall and
Certification Service, 1601 Lind applications requesting the installation of overhead stowage bin interior panels.
Avenue, SW., Renton, Washington seats with non-traditional, large, non-metallic To provide the level of passenger
98057–3356; telephone (425) 227–2195; panels until the airworthiness requirements protection intended by the
facsimile (425) 227–1232; electronic can be revised to address this issue. Having airworthiness standards, these non-
mail alan.sinclair@faa.gov. the same standards across the range of
traditional, large, non-metallic panels in
airplane makes and models will ensure a
SUPPLEMENTARY INFORMATION: the cabin must meet the standards of
level playing field for the aviation industry.
Comments Invited Title 14 Code of Federal Regulations
Special condition number 4 in the 737 (CFR), part 25, Appendix F, parts IV and
We invite interested people to take special conditions limits the V, heat release and smoke emission
part in this rulemaking by sending applicability of the special conditions to requirements.
written comments, data, or views. The new seat certification programs applied
most helpful comments reference a for after the effective date of the special Type Certification Basis
specific portion of the special conditions. In these proposed special Under the provisions of 14 CFR
conditions, explain the reason for any conditions the FAA proposes to change 21.101, Boeing must show that the
recommended change, and include the applicability to make the special Model 767 series airplanes, as changed,
supporting data. We ask that you send conditions applicable to new seat continue to meet the applicable
us two copies of written comments. certification programs that are approved provisions of the regulations
We will file in the docket all after the effective date of the special incorporated by reference in Type
comments we receive, as well as a conditions. This change could affect Certificate No. A1NM, or the applicable
report summarizing each substantive pending as well as future project regulations in effect on the date of
public contact with FAA personnel applications. The rationale behind this application for the change. The
concerning these special conditions. proposed change is that these seat regulations incorporated by reference in
You can inspect the docket before and installations affect survivability during a the type certificate are commonly
after the comment closing date. If you post-crash fire event and should be referred to as the ‘‘original type
wish to review the docket in person, go implemented as soon as possible. certification basis.’’ The regulations
to the address in the ADDRESSES section Additionally, the public has been incorporated by reference in Type
of this preamble between 9 a.m. and 5 previously notified of the FAA’s intent Certificate No. A1NM are as follows:
p.m., Monday through Friday, except to issue similar special conditions on • For Model 767–200 and –300
Federal holidays. other airplane makes and models. airplanes—Title 14 CFR part 25, as
We will consider all comments we amended by Amendment 25–1 through
receive on or before the closing date for Background
Amendment 25–37.
comments. We will consider comments On August 8, 2005, Boeing • For Model 767–400ER airplanes—
filed late if it is possible to do so Commercial Airplanes, P.O. Box 3707, Title 14 CFR part 25, as amended by
without incurring expense or delay. We Seattle, Washington 98124, applied for Amendment 25–1 through Amendment
a design change to Type Certificate No.
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may change these special conditions 25–37 with the exception listed: Section
based on the comments we receive. A1NM for installation of seats that 25.853(d)(3), Compartment interiors, at
If you want the FAA to acknowledge include non-traditional, large, non- Amendment 25–72.
receipt of your comments on this metallic panels in Boeing Model 767 In addition, the certification basis
proposal, include with your comments series airplanes. The Boeing Model 767 includes certain special conditions,
a pre-addressed, stamped postcard on series airplanes, currently approved exemptions, or later amended sections
which the docket number appears. We under Type Certificate No. A1NM, are of the applicable part that are not

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Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Proposed Rules 61081

relevant to these proposed special special conditions consist of applying it was primarily made of aluminum and
conditions. the identical test conditions required of there were only small amounts of non-
If the Administrator finds that the all other large panels in the cabin, to metallic materials. It was determined
applicable airworthiness regulations seats with non-traditional, large, non- that the overall effect on survivability
(i.e., 14 CFR part 25) do not contain metallic panels. was negligible, whether or not the food
adequate or appropriate safety standards trays met the heat release and smoke
for the Boeing Model 767 series Definition of ‘‘Non-Traditional, Large,
requirements. The requirements
airplanes because of a novel or unusual Non-Metallic Panel’’
therefore did not address seats. The
design feature, special conditions are A non-traditional, large, non-metallic preambles to both the Notice of
prescribed under the provisions of panel, in this case, is defined as a panel Proposed Rule Making (NPRM), Notice
§ 21.16. with exposed-surface areas greater than No. 85–10 (50 FR 15038, April 16, 1985)
In addition to the applicable 1.5 square feet installed per seat place. and the Final Rule at Amendment 25–
airworthiness regulations and special The panel may consist of either a single 61 (51 FR 26206, July 21, 1986),
conditions, the Boeing Model 767 series component or multiple components in a specifically note that seats were
airplanes must comply with the fuel concentrated area. Examples of parts of excluded ‘‘because the recently-adopted
vent and exhaust emission requirements the seat where these non-traditional standards for flammability of seat
of 14 CFR part 34 and the noise panels are installed include, but are not cushions will greatly inhibit
certification requirements of 14 CFR limited to: Seat backs, bottoms and leg/ involvement of the seats.’’
part 36. foot rests, kick panels, back shells, Subsequently, the Final Rule at
Special conditions, as defined in credenzas and associated furniture. Amendment 25–83 (60 FR 6615, March
§ 11.19, are issued in accordance with Examples of traditional exempted parts 6, 1995) clarified the definition of
§ 11.38 and become part of the type of the seat include: Arm caps, armrest minimum panel size: ‘‘It is not possible
certification basis in accordance with close-outs such as end bays and armrest- to cite a specific size that will apply in
§ 21.101. styled center consoles, food trays, video all installations; however, as a general
Special conditions are initially monitors, and shrouds. rule, components with exposed-surface
applicable to the model for which they areas of one square foot or less may be
are issued. Should the type certificate Clarification of ‘‘Exposed’’
considered small enough that they do
for that model be amended later to ‘‘Exposed’’ is considered to include not have to meet the new standards.
include any other model that panels that are directly exposed to the Components with exposed-surface areas
incorporates the same or similar novel passenger cabin in the traditional sense, greater than two square feet may be
or unusual design feature, or should any and panels that are enveloped, such as considered large enough that they do
other model already included on the by a dress cover. Traditional fabrics or have to meet the new standards. Those
same type certificate be modified to leathers currently used on seats are with exposed-surface areas greater than
incorporate the same or similar novel or excluded from these special conditions. one square foot, but less than two square
unusual design feature, the special These materials must still comply with feet, must be considered in conjunction
conditions would also apply to the other § 25.853(a) and § 25.853(c) if used as a with the areas of the cabin in which
model under § 21.101. covering for a seat cushion, or they are installed before a determination
§ 25.853(a) if installed elsewhere on the could be made.’’
Novel or Unusual Design Features
seat. Non-traditional, large, non-metallic In the late 1990s, the FAA issued
The Boeing Model 767 series panels covered with traditional fabrics Policy Memorandum 97–112–39,
airplanes will incorporate the following or leathers will be tested without their Guidance for Flammability Testing of
novel or unusual design features: These coverings or covering attachments. Seat/Console Installations, October 17,
models offer interior arrangements that 1997 (http://rgl.faa.gov). That memo
include passenger seats that incorporate Discussion
was issued when it became clear that
non-traditional, large, non-metallic In the early 1980s the FAA conducted seat designs were evolving to include
panels in lieu of the traditional metal extensive research on the effects of post- large, non-metallic panels with surface
frame covered by fabric. The crash flammability in the passenger areas that would impact survivability
flammability properties of these panels cabin. As a result of this research and during a cabin fire event, comparable to
have been shown to significantly affect service experience, we adopted new partitions or galleys. The memo noted
the survivability of the cabin in the case standards for interior surfaces that large surface area panels must
of fire. These seats are considered a associated with large surface area parts. comply with heat release and smoke
novel design for transport category Specifically, the rules require emission requirements, even if they
airplanes that include Amendment 25– measurement of heat release and smoke were attached to a seat. If the FAA had
61 and Amendment 25–66 in the emission (part 25, Appendix F, parts IV not issued such policy, seat designs
certification basis, and were not and V) for the affected parts. Heat could have been viewed as a loophole
considered when those airworthiness release has been shown to have a direct to the airworthiness standards that
standards were established. correlation with post-crash fire survival would result in an unacceptable
The existing regulations do not time. Materials that comply with the decrease in survivability during a cabin
provide adequate or appropriate safety standards (i.e., § 25.853 entitled fire event.
standards for seat designs that ‘‘Compartment interiors’’ as amended by In October of 2004, an issue was
incorporate non-traditional, large, non- Amendment 25–61 and Amendment raised regarding the appropriate
metallic panels in their designs. In order 25–66) extend survival time by flammability standards for passenger
to provide a level of safety that is seats that incorporated non-traditional,
rfrederick on PROD1PC67 with PROPOSALS

approximately 2 minutes over materials


equivalent to that afforded to the that do not comply. large, non-metallic panels in lieu of the
balance of the cabin, additional At the time these standards were traditional metal covered by fabric. The
airworthiness standards, in the form of written the potential application of the Seattle Aircraft Certification Office and
special conditions, are necessary. These requirements of heat release and smoke Transport Standards Staff reviewed this
special conditions supplement § 25.853. emission to seats was explored. The seat design and determined that it
The requirements contained in these frame itself was not a concern because represented the kind and quantity of

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61082 Federal Register / Vol. 72, No. 208 / Monday, October 29, 2007 / Proposed Rules

material that should be required to pass components in a concentrated area in that would affect survivability during a
the heat release and smoke emissions their design. post-crash fire event. The applicable
requirements. We have determined that 2. The applicant may designate up to airworthiness regulations do not contain
special conditions would be and including 1.5 square feet of non- adequate or appropriate safety standards
promulgated to apply the standards traditional, non-metallic panel material for this design feature. These proposed
defined in 14 CFR 25.853(d) to seats per seat place that does not have to special conditions contain the
with large, non-metallic panels in their comply with special condition Number additional safety standards that the
design. 1, above. A triple seat assembly may Administrator considers necessary to
have a total of 4.5 square feet excluded establish a level of safety equivalent to
Applicability
on any portion of the assembly (e.g., that established by the existing
As discussed above, these special outboard seat place 1 square foot, airworthiness standards.
conditions are applicable to Boeing middle 1 square foot, and inboard 2.5 DATES: We must receive your comments
Model 767 series airplanes. It is not our square feet). by November 28, 2007.
intent, however, to require seats with 3. Seats do not have to meet the test ADDRESSES: You must mail two copies
large, non-metallic panels to meet requirements of Title 14 CFR part 25,
§ 25.853, Appendix F, parts IV and V, if of your comments to: Federal Aviation
Appendix F, parts IV and V, when Administration, Transport Airplane
they are installed in cabins of airplanes installed in compartments that are not
that otherwise are not required to meet Directorate, Attn: Rules Docket (ANM–
otherwise required to meet these 113), Docket No. 384, 1601 Lind
these standards. Because the heat requirements. Examples include:
release and smoke testing requirements Avenue, SW., Renton, Washington
a. Airplanes with passenger capacities
of § 25.853 per Appendix F, parts IV and 98057–3356. You may deliver two
of 19 or less,
V, are not part of the type certification b. Airplanes that do not have § 25.853, copies to the Transport Airplane
basis of the Model 767, these special Amendment 25–61 or later, in their Directorate at the above address. You
conditions are only applicable if the certification basis and do not need to must mark your comments: Docket No.
Model 767 series airplanes are in 14 comply with the requirements of 14 CFR 384. You can inspect comments in the
CFR part 121 operations. Section 121.312, and Rules Docket weekdays, except Federal
121.312 requires compliance with the c. Airplanes exempted from § 25.853, holidays, between 7:30 a.m. and 4 p.m.
heat release and smoke testing Amendment 25–61 or later. FOR FURTHER INFORMATION CONTACT:
requirements of § 25.853, for certain 4. Only airplanes associated with new Alan Sinclair, FAA, Airframe/Cabin
airplanes, irrespective of the type seat certification programs approved Safety Branch, ANM–115, Transport
certification bases of those airplanes. after the effective date of these special Airplane Directorate, Aircraft
For Model 767 series airplanes, these conditions will be affected by the Certification Service, 1601 Lind
are the airplanes that would be affected requirements in these special Avenue, SW., Renton, Washington
by these special conditions. Should conditions. Previously certificated 98057–3356; telephone (425) 227–2195;
Boeing apply at a later date for a change interiors on the existing airplane fleet facsimile (425) 227–1232; electronic
to the type certificate to include another and follow-on deliveries of airplanes mail alan.sinclair@faa.gov.
model incorporating the same novel or with previously certificated interiors are SUPPLEMENTARY INFORMATION:
unusual design feature, the special not affected.
Comments Invited
conditions would apply to that model as Issued in Renton, Washington, on October
well. 19, 2007. We invite interested people to take
Ali Bahrami,
part in this rulemaking by sending
Conclusion written comments, data, or views. The
Manager, Transport Airplane Directorate,
This action affects only certain novel Aircraft Certification Service.
most helpful comments reference a
or unusual design features on one model specific portion of the special
[FR Doc. E7–21240 Filed 10–26–07; 8:45 am]
series of airplanes. It is not a rule of conditions, explain the reason for any
BILLING CODE 4910–13–P
general applicability. recommended change, and include
supporting data. We ask that you send
List of Subjects in 14 CFR Part 25
us two copies of written comments.
Aircraft, Aviation safety, Reporting DEPARTMENT OF TRANSPORTATION
We will file in the docket all
and recordkeeping requirements. comments we receive, as well as a
Federal Aviation Administration
The authority citation for these report summarizing each substantive
special conditions is as follows: 14 CFR Part 25 public contact with FAA personnel
Authority: 49 U.S.C. 106(g), 40113, 44701, concerning these special conditions.
44702, 44704. [Docket No. 384; Notice No. 25–07–16–SC] You can inspect the docket before and
after the comment closing date. If you
The Proposed Special Conditions Special Conditions: Boeing Model 787 wish to review the docket in person, go
Accordingly, the Federal Aviation Series Airplanes; Seats With Non- to the address in the ADDRESSES section
Administration (FAA) proposes the Traditional, Large, Non-Metallic Panels of this preamble between 9 a.m. and 5
following special conditions as part of AGENCY: Federal Aviation p.m., Monday through Friday, except
the type certification basis for Boeing Administration (FAA), DOT. Federal holidays.
Model 767 series airplanes. ACTION: Notice of proposed special We will consider all comments we
1. Except as provided in paragraph 3 conditions. receive on or before the closing date for
of these special conditions, compliance
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comments. We will consider comments


with Title 14 CFR part 25, Appendix F, SUMMARY: This action proposes special filed late if it is possible to do so
parts IV and V, heat release and smoke conditions for Boeing Model 787 series without incurring expense or delay. We
emission, is required for seats that airplanes. These airplanes will have a may change these special conditions
incorporate non-traditional, large, non- novel or unusual design feature(s) based on the comments we receive.
metallic panels that may either be a associated with seats that include non- If you want the FAA to acknowledge
single component or multiple traditional, large, non-metallic panels receipt of your comments on this

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