Proposed Rule: Airworthiness Directives: Operators of Private Use Airplanes Cabin Interior Criteria

Friday,
July 13, 2007
Part IV
Department of
Transportation
Federal Aviation Administration
14 CFR Part 25
Special Requirements for Private Use
Transport Category Airplanes; Proposed
Rule
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38732 Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Proposed Rules
DEPARTMENT OF TRANSPORTATION dms.dot.gov, including any personal required in the interest of safety for the
information you provide. Using the design and performance of aircraft;
Federal Aviation Administration search function of our docket Web site, regulations and minimum standards in
anyone can find and read comments the interest of safety for inspecting,
14 CFR Part 25 received into any of our dockets, servicing, and overhauling aircraft and
[Docket No. FAA–2007–28250, Notice No. including the name of the individual regulations for other practices, methods,
07–13] sending the comment (or signing the and procedures the Administrator finds
comment for an association, business, necessary for safety in air commerce.
RIN 2120–A161 labor union, etc.). You may review This regulation is within the scope of
DOT’s complete Privacy Act Statement that authority because it prescribes new
Special Requirements for Private Use safety standards for the design and
in the Federal Register published on
Transport Category Airplanes operation of transport category
April 11, 2000 (65 FR 19477–19478).
AGENCY: Federal Aviation Docket: To read background airplanes.
Administration (FAA), DOT. documents or comments received, go to Background
ACTION: Notice of proposed rulemaking http://dms.dot.gov at any time or to the
Document Management Facility in Transport category airplanes are
(NPRM).
Room W12–140 of the West Building required to comply with the standards
SUMMARY: This proposal would amend Ground Floor at 1200 New Jersey of Title 14 Code of Federal Regulations
the airworthiness standards for Avenue, SE., Washington, DC, between (14 CFR) part 25 to be eligible for a type
transport category airplanes by adding 9 a.m. and 5 p.m., Monday through certificate (TC) in this category. To the
new cabin interior criteria for operators Friday, except Federal holidays. extent considered appropriate for safety,
of private use airplanes. These part 25 requirements contain different
FOR FURTHER INFORMATION CONTACT: For
standards may be used instead of the provisions based on passenger capacity
technical questions concerning this discriminants. These requirements do
specific requirements that affect proposed rule, contact Alan Sinclair,
transport category airplanes operated by not distinguish between airplanes
Airframe and Cabin Safety Branch operated in air carrier service and
air carriers. The proposed standards (ANM–115), Transport Airplane
would supplement the requirements for airplanes operated for private use.
Directorate, Aircraft Certification Aviation industry representatives have
operation under the air traffic and Service, 1601 Lind Avenue, SW.,
general operating rules. This proposal is stated that the part 25 standards are
Renton, Washington 98057–33566; written with only air carrier operation
intended to provide alternative criteria telephone (425) 227–2195, facsimile
for transport category airplanes that are in mind, and have questioned whether
(425) 227–1320; e-mail: the one level of airworthiness
operated for private use while alan.sinclair@faa.gov. For legal
continuing to provide an acceptable requirement for transport category
questions concerning this proposed airplanes is, in fact, appropriate for all
level of safety for those operations. rule, contact Douglas Anderson, Office types of operation. These proposals
DATES: Send your comments on or of Regional Council (ANM–7), 1601 address airworthiness standards related
before October 11, 2007. Lind Avenue, SW., Renton, Washington to cabin interiors for transport category
ADDRESSES: You may send comments 98057–33566; telephone (425) 227– airplanes in private use passenger
identified by Docket Number FAA– 2166; facsimile (425) 227–1007; e-mail: operation. These proposals would add
2007–28250 using any of the following douglas.anderson@faa.gov. new cabin interior criteria for operators
methods: SUPPLEMENTARY INFORMATION: Later in of private use airplanes. These
• DOT Docket Web site: Go to http:// this preamble under the Additional standards may be used as an alternative
dms.dot.gov and follow the instructions Information section, we discuss how to specific requirements that affect
for sending your comments you can comment on this proposal and transport category airplanes under the
electronically. how we will handle your comments. air traffic and general operating rules.
• Government-wide rulemaking Web Included in this discussion is related These proposals would continue to
site: Go to http://www.regulations.gov information about the docket, privacy, provide an acceptable level of safety for
and follow the instructions for sending and the handling of proprietary or those operations.
your comments electronically. confidential business information. We No cost is associated with these
• Mail: Send comments to the Docket also discuss how you can get a copy of proposals, which are a voluntary
Management Facility; U.S. Department this proposal and related rulemaking alternative means for certificating the
of Transportation, 1200 New Jersey documents. cabin of transport category private use
Avenue, SE., West Building Ground airplanes. People who choose to use the
Floor, Room W12–140, Washington, DC Authority for This Rulemaking alternative means may incur minor
20590. The FAA’s authority to issue rules on incremental costs for more fire
• Fax: Fax comments to the Docket aviation safety is found in Title 49 of the extinguishers, cooktop design criteria,
Management Facility at 202–493–2251. United States Code. Subtitle I, Section and a potential cost for a flight
• Hand Delivery: Bring comments to 106 describes the authority of the FAA attendant, compared to the existing
the Docket Management Facility in Administrator. Subtitle VII, Aviation cabin certification method. The
Room W12–140 of the West Building Programs, describes in more detail the established potential benefit of these
Ground Floor at 1200 New Jersey scope of the agency’s authority. proposals is time and cost savings to the
Avenue, SE., Washington, DC, between This rulemaking is promulgated cabin certification process.
9 a.m. and 5 p.m., Monday through under the authority described in With limited exception, the type
Friday, except Federal holidays. Subtitle VII, Part A, Subpart III, Section certification (TC) requirements for
For more information on the rulemaking 44701, ‘‘General requirements.’’ Under transport category airplanes have
process, see the SUPPLEMENTARY that section, the FAA is charged with historically been separate from, and
INFORMATION section of this document. prescribing regulations promoting safe independent of, operational standards.
Privacy: We will post all comments flight of civil aircraft in air commerce by That is, the type certification
we receive, without change, to http:// prescribing minimum standards requirements do not consider the type of
Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Proposed Rules 38733
operation intended for the airplane. that an ordinary interior is for air carrier certification standards. The FAA also
Title 14 CFR 91.501(b) describes operators. When the requirements were reviewed standards that had been
operational requirements for large and less stringent, cost was not a significant proposed in the 1970s for a ‘‘new part
turbine powered multi-engine airplanes issue. Under the current regulations, 24.’’ That proposal offered an
not required to be operated under 14 however, the cost of interior intermediate classification between
CFR parts 121 and 135. certification has become significant. transport (part 25) and small (part 23)
To get a TC, transport category The FAA proposes to provide airplanes. The FAA also reviewed the
airplanes must comply with part 25. To alternative criteria for part 25 transport differences among the 14 CFR parts 91,
the extent considered appropriate for category airplanes that are used only in 121, 125 and 135 operating rules.
safety, part 25 requirements contain private use. The proposal covers
In considering why requirements for
differences based on passenger capacity airplanes that are not operated for
private use airplanes could be different
discriminants, but do not distinguish compensation or hire or offered for
from commercial airplanes, the FAA
between airplanes operated in air carrier common carriage. We define a common
identified the following potential
service and airplanes operated in carrier as a carrier that ‘‘holds itself out’’
factors:
private use. to the public or to a part of the public,
The aviation industry has asked the as willing to provide transportation Airplane size. The physical size of the
FAA to consider differentiating between within the limits of its facilities. airplane might dictate the proximity of
the airworthiness requirements related Common carriage (e.g., a commercial passengers to exits, accessibility of
to cabin interior for different types of operator or air carrier) is discussed in equipment, and ability of the crew to
operation. Title 49 United States Code Advisory Circular (AC) 120–12A, communicate with the passengers, as
(49 U.S.C. 44701(d)) directs the FAA to ‘‘Private Carriage Versus Common well as other factors. Privately operated
consider differences between air Carriage of Persons or Property.’’ airplanes have traditionally been the
transportation and other air commerce. The FAA has thoroughly reviewed all smaller transport category airplanes
The provision does not require the FAA associated design and operational subject to certification to transport
to adopt regulations that always provide requirements in part 25. This review standards. Many are only nominally
a higher level of safety for air carriers was an effort to determine differences in heavier than the weight threshold
than for other operations. It does, mode of operation and airplane size to currently specified in § 23.3. In
however, establish the principle that our determine whether alternative standards airplanes of this size, passengers are
regulations should establish a higher for cabin interiors are viable for already near exits and the emergency
level of safety for air carriers whenever transport category airplanes operated equipment is usually near the
we determine that it is appropriate to do only for private use. Based on this passengers’ seats. In recent years,
so. This proposal is intended to address review, the FAA is proposing however, the size of private use
the issue as applicable to airworthiness requirements that may not provide the airplanes has grown to include all
standards related to cabin interiors for same level of safety as that afforded transport category airplanes up to the
transport category airplanes in private occupants of transport category largest airplanes produced. Therefore, it
use passenger operations. airplanes operated by air carriers. is not possible to base standards on the
Nevertheless, the FAA has tentatively assumption that private use airplanes
General Discussion of the Proposal determined that the level of safety that will continue to be physically small.
Regulatory Development would be provided is sufficient given However, to the extent it makes sense to
the operating environment and the do so, the requirements proposed here
Some design standards for transport current cost of compliance. These account for the physical size of the
category airplanes differ based on proposals relate to cabin safety issues airplane.
passenger capacity. Often these only. These issues include firm
standards were adopted based on the Passenger capacity. The passenger
handholds throughout the airplane
need to improve the safety of air carrier capacity of the airplane might be
cabin, passenger injury criteria for side
operations. Historically, most airplanes significantly reduced in private use
facing seats, flight attendant direct view
operated in non-air carrier operations from that typically found in air carrier
of the cabin, passenger information
have been smaller transport category operation. Corresponding to airplane
signs, emergency exit locations and
airplanes, with low passenger size, private use airplanes have
markings, interior compartment doors,
capacities. In recent years, the number aisle widths, material flammability traditionally had low passenger
of large transport category airplanes compliance, fire detection, cooktops and capacities. A maximum capacity of 9 or
operated in non-air carrier operation has fire extinguishers. The airplanes that 19 is typical, with actual seating
increased substantially. The would be certificated under this arrangements often being much lower.
requirements for crashworthiness and proposal may not meet all current part The move to larger transport category
cabin safety for all sizes of transport 25 standards. The proposal will, airplanes for private use has allowed
category airplanes have evolved so however, continue to provide an accommodation of higher passenger
much in the last 20 years that the acceptable level of safety because the capacities while preserving a high level
burden of compliance is now more overall level of safety addressed by part of comfort. In reviewing the current
significant. Since non-air carrier 25 has continually increased over the standards applicable to airplane interior
operation airplanes typically have years. Additionally, this proposal does considerations based on airplane
customized interiors, the costs not relax rules for the overall structural passenger capacity, passenger capacity
associated with certification of a requirements of the airplane. influences many interior configuration
specialized airplane interior cannot be In developing these proposals, the regulations contained in part 25. (See
amortized over many airplanes the way FAA reviewed all the current type Table.)
PASSENGER CAPACITY DISCRIMINANTS

Passenger capacity
Regulation Part 25, Section 9 seats or 10 seats 10 seats 19 or 20 or More More
less or less or more fewer more than 20 than 44
25.772 Pilot compartment doors ....................................... ................ ................ ................ ................ ................ X ................
25.787 Stowage compartments ......................................... ................ ................ X ................ ................ ................ ................
25.803 Emergency evacuation .......................................... ................ ................ ................ ................ ................ ................ X
25.807 * Emergency exits .................................................. ................ ................ ................ ................ ................ ................ ................
25.812 Emergency lighting ................................................ X ................ X ................ ................ ................ ................
25.813 Emergency exit access ......................................... ................ ................ ................ X X ................
25.815 Width of aisle ......................................................... ................ X ................ X X ................ ................
25.851 * Fire extinguishers ................................................ ................ ................ ................ ................ ................ ................ ................
25.853 Compartment interiors ........................................... ................ ................ ................ ................ X ................ ................
25.854 Lavatory fire protection .......................................... ................ ................ ................ ................ X ................ ................
* These regulations have progressive requirements based on passenger capacity.
The FAA also notes an inconsistency aggregate the less often the airplane these cases, there is a potential for a fire
in application of the standards. There is flies, although the likelihood per flight in these compartments to grow
no common passenger discriminant may be the same. However, under the undetected by passengers or crew. The
criterion for differentiating among current regulations, an accident is a materials used in these airplanes often
passenger capacities. For example, presumed condition for cabin safety, do not meet the latest standards for heat
§ 25.772, Pilot compartment doors, and the low likelihood of an accident release and smoke emissions. Therefore,
applies a threshold of ‘‘more than 20 cannot be used to argue in favor of the fire would grow faster than it would
seats,’’ while other rules, such as reduced or eliminated requirements. if the latest standards for material were
§ 25.815, Width of aisle, establishes an This philosophy is bolstered by the met. As a result, the threat from fire is
applicability threshold at 19 passengers. FAA’s review of accident data for greater in a private use airplane than in
The FAA cannot find a technical transport category airplanes in private an air carrier transport airplane.
rationale for this difference. We also use and commercial use, which did not Therefore, the FAA has tentatively
cannot find a technical rationale for the reveal any differences warranting determined that added fire detection
difference of the use of the term ‘‘20 or different requirements based on flight requirements are needed for private use
more’’ or ‘‘more than 20’’ to describe the frequency. airplanes and the number of installed
break point. We are however proposing Obligation to provide the highest level fire extinguishers should correlate with
some changes to the part 25 standards of safety. The distinction between the overall fuselage size as well as with
in this action. Also, the passenger private use airplanes and those held out the number of passengers.
capacity-to-exit ratio may be favorable for the commercial category of Another area where the current
for some private use airplanes, resulting passengers is not unique. Building requirements may not be adequate is the
in further flexibility under this standards differ between publicly installation of certain non-required,
proposal. occupied and used structures and non-essential equipment. This
Passenger familiarity. For private use private homes; standards for cruise equipment is typically either multi-
airplanes, many passengers will likely ships differ from those for pleasure media entertainment electronics, such
use the same airplane frequently and, craft. In large part, the current aviation as videocassette recorders and compact
presumably, be more familiar with its operating rules recognize this, and the disk players, or galley systems, such as
interior features than the general public standards for operation under part 91 cooktops and cookware, not covered by
would be with the myriad of differ from those in part 121. Persons the existing regulations. While the FAA
commercial airplane interiors. flying on air carrier airplanes expect has issued advisory material related to
Therefore, the private use passengers’ that the operator is maintaining and non-required, non-essential equipment,
ability to use equipment, and operating the airplane at the highest that advisory material cannot mandate
knowledge of exit operation of a specific level of safety and further expect that new requirements. In the past, the FAA
airplane, is generally presumed to be the FAA is enforcing common standards has adopted special conditions for these
more sophisticated than the general for such operations. Conversely, a types of installations. However, because
public’s. Passenger familiarity is a person operating his or her own of their prevalence, we are proposing
matter of particular concern to the FAA airplane is ultimately responsible for his new standards to address these types of
because at least some passengers will be or her own safety and compliance with equipment to avoid common and
unfamiliar with the airplane’s safety the regulations. Owners’ expectations routine applications for special
features. However, because of the small are that the airplane conforms to its type conditions.
number of passengers, the operators can design requirements as received; after Discussion of Proposed Regulatory
provide a more detailed safety briefing that, it is incumbent on the owner/ Requirements
than is typical on commercial flights. operator to maintain the airplane.
Additionally, since most passengers will There are also some areas where Applicability
most likely be frequent passengers, the private use airplanes differ significantly This proposal applies to airplanes
overall safety awareness of the from air carrier transport airplanes, and operated in private use and that have a
passenger complement is likely to be where the existing requirements are type certificate, or which are the subject
higher than that for air carrier inadequate. In particular, private use of a pending application for type
operations. airplanes tend to be compartmentalized certificate. The type certificate
Reduced frequency of operation. The with some of the compartments establishes the overall airworthiness of
likelihood of an accident is lower in the sporadically occupied during flight. In the airplane and ensures that airplanes
approved under this part have a handholds provided cabin aisles are multiple occupancy side-facing seats
consistent level of safety. An airplane provided with firm handholds. provides for an in-flight berth
operating under the proposed The level of safety is marginally capability. Operators of airplanes with
requirements would have to be modified reduced by this proposal. However, the Amendment 25–64, in the TC basis,
to comply with all applicable provisions FAA has tentatively determined that a complain that they are at a disadvantage
of part 25 before it could enter air small reduction in risk is acceptable for to operators with airplanes that do not
carrier or other for-hire common the private use airplanes because of have Amendment 25–64 in the TC basis.
carriage service. their limited passenger capacities, the
How has the FAA addressed those
It is expected that most applications minimal flight hours, and the
concerns?
for approval under this proposal would passengers’ familiarity with the
be for airplanes that have recent airplane. The FAA issued exemptions with a
certification bases and are of the sizes list of conditions to allow the use of
Side-Facing Seats/Divans side-facing seats. The conditions
commonly used in air carrier service.
However, as this proposal is not limited What is the underlying safety issue provide an acceptable, but not
to those airplanes, it would be possible addressed by the current requirement? equivalent, level of safety.
for airplanes with older certification Section 25.562, promulgated by How does the NPRM address the
bases as well as smaller transport Amendment 25–64, provides for both concerns?
category airplanes to get approval under dynamic test conditions and occupant
this proposal. Like current exemptions, this
injury pass/fail criteria to improve proposal would require dynamic testing
Design Requirements occupant protection under realistic and measurement of injury criteria to
conditions (53 FR 17640, May 15, 1988). the extent that the FAA can currently
Firm Handholds The FAA believes the dynamic test define rational criteria for passenger-to-
What is the underlying safety issue conditions, both for pulse severity and passenger body contact, passenger body-
addressed by the current requirement? for types of tests currently required, are to-wall/furnishing contact, thoracic
also representative of an accident, and trauma, and pelvic injuries. The
Section 25.785 is intended to enable therefore not dependent on seat
passengers and crew to steady proposed criteria are drawn from the
orientation. We believe for pass/fail automotive standards for side impacts
themselves in the aisles as they move criteria, however, the orientation of the
about the cabin, in moderate turbulence. and research done by the FAA Civil
seat may be significant. Injury criteria Aeromedical Institute. The FAA will
It prescribes how an applicant complies are limited to head impact and spinal
(hand grip or rail) and narrowly defines continue to conduct and sponsor
and femur compression loads. Head research to develop standards that
where firm handholds are required injury criteria are measured at any
(only in aisles). The FAA considers the provide an equivalent level of safety, so
airplane interior installations that the such seats could be used on any
seatbacks of the seats that border the head of a seated occupant could impact.
main aisles sufficient to act as a transport category airplane, if
The lumbar spinal load is an axially appropriate.
handrail if a breakover resistance of at compressive load. The femur load is
least 25 pounds is provided. Other The FAA is actively researching the
also compressive, and has not proven to injury mechanisms, and means of
acceptable handholds include handrails be critical so far.
along the sidewalls or near the sidewall quantifying them, appropriate for side-
The critical injury parameters for a
stowage compartments. facing seats. However, recognizing that
side-facing seat are not the same as for
this effort may take years to complete,
What concerns have private use forward-or rear-facing seats since the
this proposal will allow for installation
applicants expressed about compliance direction of impact is different. For
of side-facing seats that may not provide
with the current requirement? these seats, critical injuries could also
the same level of safety that was
result from body-to-body contact or
The interior configurations needed by intended by the current part 25
body-to-structure contact. In addition,
the applicants (e.g., meeting areas, requirements. It is important to note,
because of the different orientation of
bedrooms, staterooms and however, that the requirements
the body, injury may result from
entertainment rooms) do not lend proposed in this notice provide an
differences in thoracic, pelvic, and
themselves to providing a constant improved level of safety over that
shoulder load under various accident
handhold arrangement. Because of the provided by the regulations before
scenarios.
size of these rooms, a handrail around Amendment 25–64.
The current regulations may not
the perimeter would be ineffective, adequately address injury criteria for Flight Attendant Direct View
providing little help, considering all the occupants of side-facing seats. The best
locations where people could be What is the underlying safety issue
criteria currently available for multiple
standing or moving about. addressed by the current requirement?
occupancy seating may not provide a
level of safety for those occupants of Section 25.785(h)(2) is intended to
side-facing seats equal to that provided provide the flight attendants with the
concerns?
for the occupants of forward-or rear- capability to monitor problems in the
The FAA has issued exemptions facing seats. passenger cabin during critical phases of
when requesters have shown there is no flight. Because the
practical way to provide a useful What concerns have private use compartmentalization of cabins
handhold while maintaining the needed applicants expressed about compliance typically found in private use airplanes
interior arrangement. with the current requirement? makes ‘‘direct view’’ all but impossible,
Side-facing seating has long been a § 25.785(h)(2) requires the flight
How does the NPRM propose to address
standard feature of private use airplanes attendant seat be located so the
the concerns?
because it is often a more efficient way occupant can have direct view of the
This proposal would allow areas of of providing the needed seating cabin area for which he or she is
the passenger cabin to be without firm capacity. In addition, the use of responsible.
What concerns have private use then a single sign prohibiting smoking is relevant in determining the type and
applicants expressed about compliance should be sufficient. number of exits required.
with the current requirement?
How has the FAA addressed those How does the current requirement
The configurations of private use concerns? address it?
airplanes are such that the interior is Section 25.807(f)(4) establishes
divided into individual compartments We have issued exemptions to allow
the applicants the flexibility to establish quantitative limits on the distance
and rooms for the sake of privacy. These between passenger exits.
configurations significantly decrease the their own smoking restrictions.
direct view of the flight attendant. The How does the NPRM address the What concerns have private use
owners/operators of these private use concerns? applicants expressed about compliance
airplanes have argued that since the with the current requirement?
operator controls the passenger This proposal would replace the Owners/operators want the ability to
complement, the safety concerns multiple sign requirement with a single configure the airplane to best use the
associated with carriage of the public do sign requirement specifying the interior space. This often necessitates
not exist. Therefore, there is less of a applicant’s smoking restrictions. The deactivating various exits.
need for the flight attendants to be able sign should be visible to all occupants
to monitor the passengers continuously. upon entry. For aircraft with more than How has the FAA addressed those
one entry door, a sign would be required concerns?
How has the FAA addressed those at each door. In addition, the preflight The FAA has issued exemptions, with
concerns? briefing would include mention of any design limitations, to allow the
The FAA has issued exemptions that smoking restrictions. This proposal does applicants the needed flexibility in the
allow the flight attendant’s direct view not override the lavatory placarding and design of their interiors.
to be reduced, resulting from the ashtray requirements of §§ 25.791(d)
and 25.853(g). How does the NPRM address the
compartmentalization of the cabin. The
concerns?
exemptions have required that the The current level of safety on private
seated flight attendant face the use airplanes would not be reduced The proposal would allow a distance
passenger cabin. because the limited number of greater than 60 feet between exits in a
passengers on these airplanes would be single instance on each side of the
How does the NPRM address the airplane fuselage (e.g., two pair of exits
made aware of the smoking limitations.
concerns? could not be deactivated on an airplane
Distance Between Exits with 5 pairs of exits). There would,
This proposal allows for flight
attendant seats that do not have direct What is the underlying safety issue however, be stricter allowances about
view, provided the flight attendant seats addressed by the current requirement? passenger seating locations and
face the cabin. This limitation at least capacities in the airplane. Using seating
affords the flight attendant the Section 25.807(f)(4) requires that density and the number of passengers as
opportunity to view problems in the passenger emergency exits be separated a starting point, the FAA has developed
common areas of the cabin. by no more than 60 feet, edge to edge. a proposal that continues to provide an
This requirement is intended to provide acceptable level of safety for private use
The current level of safety on private
the passengers with readily accessible airplanes while allowing more than 60
use airplanes should not be reduced
exits. As stated in the preamble of feet between exits in some cases. An
since the need to monitor the passengers
Amendment 25–67, a simple evacuation effect of the current rule is that no seat
is not as critical because of the smaller
demonstration does not address the that is located between two exits can be
numbers that are normally carried.
potential concerns arising from more than 30 feet from an exit. This
Passenger Information Signs and excessive distance between exits, proposal would retain this effect by
Placards including disruption of interior features, requiring that no seat be located further
debris in the aisle, or failure of another than 30 feet from the nearest exit.
What is the underlying safety issue
exit (54 FR 26688; June 23, 1989). These A distance of more than 60 feet
addressed by the current requirement?
concerns are magnified by a greater between adjacent passenger emergency
Section 25.791(a) requires a ‘‘No distance between exits and are not exits on the same side of the same deck
Smoking’’ placard that is intended to necessarily related solely to high of the fuselage, as measured parallel to
reduce the risk of fire and to allow the density seating arrangements. That is, the airplane longitudinal axis between
cabin crew to be able to assess the cabin the further the exits are apart, the higher the nearest edges, would be allowed
condition during the critical phases of the likelihood that an individual will only one time on each side of the
flight, i.e., taxi, takeoff and landing. ‘‘No not be able to get from one exit area to fuselage.
Smoking’’ placards must be visible to another in an accident. In an evacuation To further mitigate any safety
each seated occupant. Recently, demonstration, the time it takes an concerns associated with allowing an
smoking has also been addressed as a individual to get to an exit is mainly increased distance between exits, the
cabin air quality and passenger health related to the number of passengers proposal also contains several
issue. Therefore, smoking is banned on between that person and the area the limitations on passenger capacity that
all domestic commercial flights. passenger is trying to reach. When the would reduce potential crowding in the
cabin is empty, these times are short. affected areas. The proposal would
What concerns have private use
This may not be the case in an actual reduce the number of passenger seats
applicants expressed about compliance

accident where the scenario is much allowed between exit types to one-half
with the current requirement?
less predictable. Therefore, the fact that the amount normally allowed in air
Applicants contend that since they a seating arrangement is of low density carrier service.
own their airplanes they should be is not, in and of itself, sufficient The proposal would also reduce the
allowed to establish if smoking is justification for changing the number of passenger seats to 40 percent
allowed. If they decide not to allow it, requirement. However, seating density of the amount normally allowed by the
exit rating when a ‘‘dead end’’ zone is compliance with these regulations. They with the airplane and the typical open
created. A dead end zone is an area that want the flexibility to adapt these floor plans of portions of the interior
does not have a pair of exits at each end systems to fit inside these custom configuration, which make incorrect
of the zone. Current guidance would interiors without unduly compromising identification of the exit path much less
allow 75 percent of the rated capacity of the desired cabin layout or look. likely. This proposal should have no
the single bounding pair of exits. appreciable effect on safety for this type
The proposal would also reduce the of airplane operation.
concerns? 3. Transverse Separation of the
airplane’s total seating capacity to one-
third of the theoretical maximum 1. Emergency Exit Signs. The FAA has Fuselage. This proposal changes the
allowed by § 25.807. For example, on an certified smaller signs combining both percentage of lights that must remain
airplane with four pairs of Type C exits, the marking and locator signs by using operative after a transverse separation of
the type-certificated passenger seating equivalent safety findings. the fuselage, based on type certificated
capacity will normally be 220. 2. Floor Proximity Escape Path maximum passenger capacity rather
Assuming the number 3 exits are Markings. The FAA has granted than the prescriptive 25 percent
deactivated, leaving three active pairs of exemptions. required by § 25.812(l).
Type C exits, the theoretical maximum 3. Transverse Separation of the For small cabins with low passenger
currently allowed by § 25.807 would be Fuselage. The FAA has granted capacities, the current 25 percent limit
165. This proposal, however, would exemptions. on lights rendered inoperative by a
limit the maximum capacity to 55. The How does the NPRM address the transverse separation makes compliance
proposal does not use the term difficult. It does not add appreciably to
concerns?
‘‘approved maximum seating capacity safety, as the distance to any one exit is
1. Emergency Exit Signs. This shorter than the distance for a typical
(or configuration)’’ because the resultant proposal would allow the use of smaller
exit configuration is not likely to have large transport category airplane. For
signs, combining both the marking and these airplanes, that require fewer
been formally approved to the locator signs into one sign, on airplanes
theoretically allowed maximum. emergency lights to begin with, a higher
with configurations that have less than percentage of inoperative lights do not
Emergency Signage and Lighting 20 passengers (the part 25 discriminant reduce the level of safety.
is 10 or fewer passengers). The sign
What is the underlying safety issue would have to satisfy the illumination Interior Doors
addressed by the current requirement? requirements for the marking sign, What is the underlying safety issue
The intent of §§ 25.811(d) and (e) and which are more stringent than those of addressed by the current requirement?
25.812(e) is to ensure that each the locator sign. The emergency exit Section 25.813(e) states that no door
passenger can find the exits during an signs required by §§ 25.811(d)(1), (2), may be installed in any partition
emergency evacuation. and (3), must have red letters at least 1- between passenger compartments.
inch high on a white background at least Installing a door in any partition
How does the current requirement
2 inches high. These signs may be between passenger compartments could
address it?
internally electrically illuminated, or impede evacuating passengers during an
1. Emergency Exit Signs. Section self-illuminated by other than electrical emergency.
25.811(d) requires three types of means, with an initial brightness of at
emergency exit signs: locator signs least 160 microlamberts. The color may What concerns have private use
(§ 25.811(d)(1)), which are in the aisle at be reversed if a sign is self-illuminated applicants expressed about compliance
the approximate longitudinal station at by other than electrical means. with the current requirement?
the exit to direct a passenger to the exit; Adequacy of the single sign and its Interior doors in private use airplanes
marking signs (§ 25.811(d)(2)), which location for both the marking and are one of the most desirable features
are next to the exit to identify it when locator signs would be demonstrated because of the enhanced privacy and
a passenger has reached that point; and during the cabin compliance inspection noise isolation that doors provide over
indicator signs (§ 25.811(d)(3)), which of the interior arrangement or in a curtains. The flexibility to partition the
are located on a bulkhead or divider to separate sign visibility demonstration. airplane is regarded as paramount to an
indicate exits are beyond that bulkhead. Such arrangements have been found acceptable luxury interior.
2. Floor Closeness Escape Path acceptable under equivalent safety
Markings. Section 25.812(e)(1) requires findings in the past. How has the FAA addressed those
that each passenger, after leaving his or 2. Floor Proximity Escape Path concerns?
her seat, be able to identify the Markings. This proposal recognizes The FAA has issued several
emergency escape path and follow it to isolated compartments; that is, walled exemptions that allow interior doors
the first exit. compartments with doorways where the between passenger compartments,
3. Transverse Separation of the main aisle is outside the compartment. under specified conditions.
Fuselage. Section 25.812(l) requires that It requires a marking system that would
no more than 25 percent of the required allow a person to exit the compartment How does the NPRM address the
emergency lighting becomes inoperative using only marking/features less than 4 concerns?
after a crash landing resulting in any feet above the floor, but does not require This proposal would allow interior
single transverse vertical separation of a specific marking of a ‘‘path.’’ Once in doors with the limitations imposed in
the fuselage. the main aisle, passengers must be able exemptions. To be acceptable, a number
to locate each exit in accordance with of features must be incorporated in the
What concerns have private use design or operational procedures. The

§§ 25.812(e)(1) and (e)(2). For exits that
applicants expressed about compliance door must be kept in the open position
are inside an isolated compartment, the
with the current requirement? by dual means during taxi, takeoff, and
current rules would apply, i.e., a path
Owners/operators contend that the must be marked. landing; and, if installed across a main
private use interior configurations do The intent of this proposal is to aisle, open in a transverse direction,
not easily lend themselves to strict recognize many passengers’ familiarity such as a pocket door. There must be
indication to the flightcrew on the that different levels of safety are What concerns have private use
flightdeck, whether the door is open for acceptable. applicants expressed about compliance
takeoff and landing. Finally, the door with the current requirement?
must be frangible, so that occupants on Main Aisle Width
Owners/operators want the ability to
either side of the doors cannot become What is the underlying safety issue configure the airplane to best use the
trapped. addressed by the current requirement? interior space and incorporate seats
The basic intent of this proposed with design features, which do not
requirement is to have a frangible door The main purpose for a minimum facilitate incorporating standard aisle
design. The requirement is to anticipate aisle width, as specified in § 25.815, is widths.
and address situations that may result in to allow for rapid egress from the
the door being completely jammed in airplane in an emergency. How has the FAA addressed those
the fully deployed position. Examples of concerns?
Aisles also provide the means for
jamming around the perimeter would crewmembers to access all parts of the The FAA has issued several
include motor failure, track breakage, cabin during flight to address exemptions that allow seats to reduce
surround structure deformation, or emergency conditions and allow the required minimal aisle width in-
structural damage (pocket door cavity, flight. Past FAA practice has allowed
passengers to return to their seats during
or ceiling or nearby monuments). A airplanes in private use to be operated
turbulence or following decompression.
straightforward approach would be to with seats that can translate and/or
show that persons of the requisite Not providing adequate aisles during
flight may significantly impact or even swivel into positions that reduce the
stature can physically break through the aisles below the regulatory minimum in
jammed door. Another approach would prevent the accomplishment of those
flight.
be to incorporate a fuse hinge device latter objectives.
that allows the door to be swung Section 25.815 provides the minimum How does the NPRM address the
forward or aft when the fuse is broken. aisle widths for air carrier airplanes. As concerns?
Past compliance has been shown by noted in the Table located within This proposal would eliminate the
demonstrating a female in the 5th § 25.815, requirements for aisle width practice of allowing seats to be
percentile can break the fuse in the door are based on passenger capacity. The maneuvered into positions in flight that
and the resulting opening can allow rule acknowledges that with smaller reduce the aisle to widths as little as
egress of a male in the 95th percentile numbers of passengers, fewer zero. It would provide a minimum aisle
and passage of emergency equipment. passengers need to traverse an aisle to for in-flight emergencies. However, this
Obstacles within the door swing path reach an exit. Since the exit proposal would permit seats to be
should be limited in their location and requirements for small passenger moved or adjusted during flight to
deployment/movement such that egress capacity airplanes allow fewer and positions that reduce the aisle width
is allowed. below the minimum required for takeoff
smaller exits, there is limited benefit in
If a partial blockage is allowed, then having an aisle evacuation capability and landing, as long as passengers are
the blockage should be such that the instructed in the procedure for properly
that far exceeds the evacuation
door can be moved far enough to break positioning the seat for taxi, takeoff and
capability of the exits that the aisle
the mechanical fuse device prior to landing. Finally, this proposal allows
feeds.
contacting the obstruction. In no case different standards for aisle width for
should the occupant egressing through For air carrier airplanes, it has been takeoff and landing versus in-flight
the sliding pocket door have to rely on an FAA practice to require that aisle phases. For takeoff and landing, the
another occupant for assistance in widths be determined with seats in the aisle width requirements are the same as
clearing an exit path. It would be most critical position allowed by the currently required in part 25. To
acceptable, however, for the trapped design. This practice is based on the maintain an acceptable aisle in flight,
occupant to break the fuse by pushing assumption that the seats could be in the FAA is proposing that no aisle be
in the forward direction, encountering this position during an emergency. reduced to less than 9 inches between
resistance and then pulling the door Therefore, a seat that reclines would seats, with seats in any possible fixed
back to provide the necessary clearance. have to be evaluated in the reclined position (as allowed by the design). A
In this situation, the door should be position when the determination of seat that can rotate, but does not lock in
equipped with an appropriate handle or available aisle width was made if that any position other than forward or aft,
doorknob that will allow the door to be configuration was more critical than an would only be considered in the
pulled back. Placards should be upright seat back. forward or aft orientations. Compliance
provided on both sides of the door to with this requirement would be
provide instruction on the alternative The practice has been less consistent mandatory.
method for opening the door in the for private use airplanes. Many design Requiring a minimum 9-inch aisle
event that normal door stowage is not approvals allow a seat positioned in its width during flight will ensure there is
possible. adverse (critical) configuration to an aisle for crewmembers or passengers
As stated in the exemptions, encroach into the required aisle. In to traverse the length of the passenger
installation of a door, even with these cases, the seat position for takeoff cabin to address emergencies, e.g., to
limitations, cannot provide an and landing has typically been fight a fire in the cabin, or to return to
equivalent level of safety to not having controlled by instructional placards. seats during turbulence. Although this
a door. Allowing installation of interior The FAA is aware of current proposal would cause private use
doors in egress paths reduces the level configurations in private use operation operators to lose some of the cabin
of safety currently required in part 25 where the aisle width can be reduced to flexibility they currently enjoy, it would
and the operating rules. However, zero if, for example, seats on opposite allow for the 9-inch minimum aisle to
considering the differences between sides of an aisle are each translated be displaced from the aisle provided
private and air carrier operations, this is inboard. This configuration would no during taxi, takeoff, and landing. For
an area where the FAA has determined longer be permitted. example, if moving a seat inboard
reduced the aisle width, but in turn The FAA acknowledges that the level How does the NPRM address the
created a secondary passage meeting the of safety is not equivalent to current part concerns?
9-inch criterion, and this passage 25, but is an improvement over the large
allowed continuous travel fore and aft number of airplanes with type This proposal would require
in the cabin (considering vertical certification before Amendment 25–61 installation of a fire detection system in
clearance), this design would satisfy the (52 FR 5422; February 22, 1987). It any room not designated suitable for
proposal. This proposal should have an should also be noted that even if an occupancy during taxi, takeoff, and
improved level of safety by ensuring airplane’s type certification basis landing, and that can be closed off from
aisles remain accessible in flight. includes Amendment 25–61, the heat the rest of the cabin by a door. Such
release and smoke emissions rooms would include large galley
Interior Materials Heat/Release &
requirements apply only if the seating complexes, as well as bedrooms and
Smoke Density
capacity of the airplane is more than 19 conference rooms.
What is the underlying safety issue passengers. Therefore, many of the The detection equipment must meet
addressed by the current requirement? airplanes covered by this proposal, i.e., the requirements of § 25.858, which
The primary benefit of the current those airplanes with 19 or fewer
establishes standards for fire detection
flammability standards in § 25.853 for passenger seats, would not be required
systems for cargo or baggage
passenger cabins is the increase in to comply even if the type certificate
was issued after Amendment 25–61 compartments. The applicant would
available evacuation time from a post have to identify the likely source(s) of
crash external fuel fire accident became effective.
fire within a room, and show that the
scenario. Fire Detection detection system was capable of
Section 25.853(d) requires that large detecting a fire within one minute. This
area materials, as described in What is the underlying safety issue
addressed by the current requirement? proposal would preclude having to
§§ 25.853(d)(1), (2), (3), and (4), meet the address every possible point in the room
rate of heat release and smoke emission Many private use airplanes are as a potential fire source (as is done for
requirement of Parts IV and V of partitioned into rooms and, under other
cargo compartments), which would
Appendix F to part 25, respectively. provisions of this proposal, could be
remain an acceptable alternative, if the
closed off with doors. This type of
What concerns have private use applicant did not want to go through the
design has the effect of creating several
applicants expressed about compliance exercise of identifying the likely source
areas where the rapid detection of a fire
with the current requirement? of fires.
cannot be assumed. The FAA has
The owners/operators contend that historically mandated installing fire What is the effect of the proposal on the
the current flammability requirements detection systems in certain isolated underlying safety issue, and, to the
were intended for commercial air carrier areas, based on § 21.21(b)(2), which extent safety is reduced, why is that
operation, where the goal is to provide prohibits any feature found to be unsafe. appropriate?
the added time needed to evacuate a However, because of the general nature
large number of passengers from the of such a requirement, the application This proposal is intended to maintain
airplane. Also, they contend that their has not always been uniform, and all the the currently established level of safety
unique type of operation does not areas that might warrant a fire detection for private use airplanes. It is also
warrant the added certification system have not always been addressed. intended to help offset relaxing material
requirements and financial burden Section 25.854(a) requires cabin fire flammability standards and allowing
associated with the increased detection equipment only in lavatories. interior doors as proposed and
flammability requirements. Finally, they Since most passenger cabins are discussed above.
do not want to be restricted in the essentially open areas with occupants
choice of materials for their luxury throughout, it is expected that a fire Equipment Installations—Cooktops
interiors. occurring elsewhere in the cabin will be
What is the underlying safety issue
readily detected by the occupants.
How has the FAA addressed those addressed by the current requirement?
However, materials that pass the
concerns?
flammability test requirements of Cooktops are unusual because they
The FAA has granted exemptions on § 25.853 and part 1 of Appendix F, are present safety concerns associated with
private use airplanes to address relaxing self-extinguishing to prevent rapid a hot surface. However, the more
flammability requirements of heat growth of the fire until action can be significant safety issue may be the
release and smoke emissions for interior taken. containers and their contents, placed on
materials. Exemptions have required an
What concerns have private use the cooktop. Hot liquids represent an
evacuation demonstration compliance
time of 45 seconds. applicants expressed about compliance especially difficult safety issue since
with the current requirement? they can easily spill and spread over
How does the NPRM address the large areas. The regulations require that
Owners/operators have expressed
concerns? a design have no unsafe features.
concern that installing too many interior
An objective of this proposal is to fire detectors may create additional The current regulations did not
provide a means to allow operators to hazards, through an increase in false envision cooktops when they were
achieve the configuration flexibility that alarms and aborted takeoffs. written and do not adequately address
they need. The FAA is proposing a 45-
How has the FAA addressed those the various safety concerns associated
second evacuation time when with the installation and operation of
compliance with the heat release and concerns?
these devices. The existing regulation
smoke emissions requirements is not The FAA has required additional fire does not prohibit the installation and
demonstrated. Compliance with other detectors in these areas as part of the use of cooktops.
flammability requirements, i.e., Part 1 of limitations listed in the exemptions
Appendix F, will still be required. granted for other private use airplanes.
What concerns have private use deactivated in the proposed pay to the extent consistent with part
applicants expressed regarding configuration. For example, if an 125 and part 91, subpart F.
compliance with the current airplane was certified with four pairs of To ensure that the type of aircraft
requirement? exits, but during the interior addressed in this proposal are not used
modification the exits at door two right to conduct any operations that involve
Owners/operators want the capability
side and door three left side, or the fare-paying public or the public
to cook while on the airplane, using
alternatively, the exits at door two left even if fares are not collected, the FAA
equipment other than ovens that are
and right side were deactivated, a proposes to include an operating
routinely installed on private use and limitation in the Airplane Flight Manual
air carrier airplanes. minimum of four fire extinguishers
would still be required and would have required by § 25.1581. This limitation
How has the FAA addressed those to be uniformly distributed throughout would prohibit any operations involving
concerns? the cabin. This requirement would be in the carriage of people or property for
addition to the extinguishers required compensation or hire in the Airplane
The FAA has developed a list of
by the cooktop section of this proposal Flight Manual required by § 25.1581.
special conditions to address the known
unless the owner/operators can show Consistent with this operating
safety concerns associated with
the cooktop was installed near the limitation, the FAA proposes to require
installation of cooktops and use which
original exits. Other areas that would installation of a placard that is located
are listed in the appendix to the
require fire extinguishers to be installed, in obvious view of the pilot-in-
proposed rule. command. The placard must state,
besides those already specified, would
How does the NPRM address the be galley complexes, remote rooms, ‘‘Operations involving the carriage of
concerns? large lavatory complexes and remote people or property for compensation or
cargo areas accessible from the main hire are prohibited.’’
The proposal requires certain design
features that will lessen the potential deck. Compliance with this requirement Number of Passengers
hazards, including guards to keep is mandatory.
A basic assumption of most of the
containers in place, a spill tray, positive This proposal is intended to maintain proposals in this notice is that the
indication of a hot surface, means to the currently established level of safety passenger capacity of the airplanes
shield the cooktop and a fire for large private use airplanes by involved will be small, both in relation
extinguishing system. considering the size of the airplane as a to the available exits and in an absolute
What is the effect of the proposal on the factor in determining the number of sense. However, there is no other
underlying safety issue, and, to the handheld fire extinguishers rather than explicit provision that would directly
extent safety is reduced, why is that being only proportionate to the number limit the passenger capacity of an
appropriate? of passengers. Since the assumption that airplane under this proposal if all the
the size of the airplane is proportional requirements could be met. For
We believe the requirements establish to the number of passengers onboard is example, it would be possible for an
an appropriate level of safety for the inaccurate for many airplanes in private airplane with an exit-limited passenger
equipment. use, the standard method for capacity of 550 to carry 200 passengers
Equipment Installations—Fire determining the number of fire without complying with the heat release
Extinguishers extinguishers is not adequate. and smoke emissions requirements for
interior materials, provided the
What is the underlying safety issue Operational Requirements
evacuation capability required under
addressed by the current requirement? Type of Operation this proposal were demonstrated. The
The intent of the regulation as defined FAA has tentatively concluded that the
by § 25.851(a) is to ensure that there are This proposal addresses only maximum passenger capacity should be
a sufficient number and type of fire airplanes that are operated for private limited to address issues associated
extinguishers available to address the use. Airplanes that are operated on a with unforeseen circumstances and the
kinds of fires likely to occur. ‘‘for hire’’ basis, or offered for common potential for the airplane to be
Section 25.851 requires that the carriage, even if no fee or other compartmentalized with passengers
number of handheld fire extinguishers compensation is collected, could not scattered throughout. The FAA is
be proportionate to the number of operate under this proposal. Part 91 proposing a maximum capacity of 60
passengers. currently allows an airplane owner to passengers to be eligible for approval
collect compensation from another party under this proposal. While 60
What concerns have private use that is operating or using the airplane. passengers is still a large number, the
applicants expressed about compliance This practice would be permitted under FAA has determined that it is
with the current requirement? this proposal provided the occupants reasonable if the other criteria of this
This is a new requirement that has not are not charged for passage and the proposal have been met. The FAA has
been previously addressed. airplane is operated for private use. determined that the standards proposed
Airplanes that are certificated under the here would provide the level of safety
How has the FAA addressed those provisions of this proposal may not be intended for passenger seating
concerns? operated under parts 135 and 121. The arrangements that do not exceed 60.
This is a new requirement that has not FAA specifically requests comments on Considering the potential scenarios that
been previously addressed. whether the private use restriction might occur in service that would not be
would create areas where ambiguity can addressed in an evacuation
How does the NPRM address the result. The fundamental intent of this demonstration, and the other provisions
concerns? proposal is that the type of affected of this proposal, which effectively alter
This proposal would require a fire operation does not involve the fare- the type design requirements, airplanes
extinguisher for every pair of exits paying public, or the general public with more than 60 passenger seats
certified on the original type certificate, even if fares are not collected. This does would not be eligible for certification
regardless of whether the exits are not preclude the operator from receiving and operation under this proposal.
Additionally, for passenger capacities burdens imposed on the public. We defined in DOT’s Regulatory Policies
between 45 and 60, inclusive, the have determined there is no current new and Procedures; (2) would not have a
applicant would be required to submit information collection requirements significant economic impact on a
an emergency evacuation analysis that associated with this proposed rule. substantial number of small entities; (3)
demonstrates that the airplane could be would have a neutral international trade
International Compatibility
evacuated in less than 90 seconds under impact; and does not impose an
the test criteria and procedures of In keeping with U.S. obligations unfunded mandate on state, local, or
§ 25.803 and Appendix J to part 25. under the Convention on International tribal governments, or on the private
Civil Aviation, it is FAA policy to sector. These analyses, available in the
Flight Attendant comply with International Civil docket, are summarized below.
The current requirements for general Aviation Organization (ICAO) Standards
operation (§ 91.533) mandate the and Recommended Practices to the Total Benefits and Costs of This
carriage of a flight attendant for maximum extent practicable. The FAA Rulemaking
airplanes with more than 19 passengers. has determined that there are no ICAO The benefits of this NPRM, for
Because of the additional complexity in Standards and Recommended Practices applicants who select it, are time and
monitoring interior configuration with that correspond to these proposed cost savings in the cabin certification
isolated occupant compartments, the regulations. process.
requirement for a flight attendant is This NPRM provides a voluntary
Regulatory Evaluation, Regulatory means for certificating the cabin of
proposed to be lowered to 10 passengers
Flexibility Determination, International transport category private use airplanes.
or greater for airplanes equipped with Trade Impact Assessment, and
interior doors. The intent of this change Applicants who select the alternative
Unfunded Mandates Assessment means may incur minor incremental
is to provide both a level of oversight in
the cabin as well as to relieve the This portion of the preamble costs for additional fire extinguishers,
flightcrew of duties that they would summarizes the FAA’s analysis of the cooktop design criteria, and a potential
otherwise be required to carry out. Since economic impacts of this NPRM. It also cost for a flight attendant compared to
many of the types of airplanes currently includes summaries of the initial the existing cabin certification method.
intended for private use are typically regulatory flexibility determination. We Applicants would only select the
used in air carrier operations, the suggest readers seeking greater detail proposed alternative if they perceive the
potential for an airplane with 10 to 19 read the full regulatory evaluation, a resulting benefits to exceed the costs.
passengers and equipped with interior copy of which we have placed in the
docket for this rulemaking. Who Is Potentially Affected by This
doors would be large. This would mean Rulemaking?
that the flightcrew would have Changes to Federal regulations must
responsibilities that would be beyond undergo several economic analyses. If adopted, this rulemaking would
what was envisioned when the First, Executive Order 12866 directs that affect:
passenger capacity criterion was each Federal agency shall propose or • Purchasers of transport category
established for part 91. By changing the adopt a regulation only upon a reasoned private use airplanes.
determination that the benefits of the • Manufacturers of transport category
standard for carriage of a flight
intended regulation justify its costs. private use airplanes.
attendant to 10 passengers for those • Completion centers for transport
Second, the Regulatory Flexibility Act
airplanes equipped with interior doors, category private use airplanes.
of 1980 requires agencies to analyze the
the basic intent of the current • The FAA.
economic impact of regulatory changes
requirements is maintained. In addition,
on small entities. Third, the Trade Alternatives We Considered
the operational procedures required/
Agreements Act (19 U.S.C. 2531–2533)
provided by this proposal can be more We did not consider other alternatives
prohibits agencies from setting
readily carried out by a dedicated cabin because the proposal provides cost and
standards that create unnecessary
crewmember. time savings compared to the existing
Airplanes having between 10 to 50 obstacles to the foreign commerce of the
United States. In developing U.S. set of requirements.
passengers, inclusive, would require
one flight attendant who meets the standards, this Trade Act requires Benefits of This Rulemaking
requirements of § 91.533(b). Airplanes agencies to consider international The benefits of this rulemaking, for
with 51 to 60 passengers would require standards and, where appropriate, to be applicants who select the proposal, are
two flight attendants who meet the the basis of U.S. standards. Fourth, the a reduction in the time and costs of the
requirements of § 91.533(b). Unfunded Mandates Reform Act of 1995 cabin certification process for transport
(Pub. L. 104–4) requires agencies to category, private use airplanes. These
Briefings prepare a written assessment of the time and cost savings to airplane
The proposal would require briefings costs, benefits, and other effects of purchasers could amount to about
to describe special interior configuration proposed or final rules that include a $725,000 per airplane certificated under
to continue to provide an acceptable Federal mandate likely to result in the this proposal. In addition, it is expected
level of safety. For example, seats that expenditure by State, local, or tribal that the completion centers and the
need to be positioned in specific governments, in the aggregate, or by the FAA would obtain cost and time savings
locations and/or orientations to provide private sector, of $100 million or more if the proposal were selected by the
for enough egress paths will require a annually adjusted for inflation. The applicant. The safety level is equivalent
briefing to teach passengers in this FAA currently uses an inflation- to that of the current process.
adjusted value of $120.7 million in lieu
process.
of $100 million. In conducting these Costs of This Rulemaking
Paperwork Reduction Act analyses, FAA has determined this rule: No required compliance costs.
The Paperwork Reduction Act of 1995 (1) Has benefits that justify its costs, is
(44 U.S.C. 3507(d)) requires that the not a ‘‘significant regulatory action’’ as Regulatory Flexibility Determination
FAA consider the impact of paperwork defined in section 3(f) of Executive The Regulatory Flexibility Act of 1980
and other information collection Order 12866, and is not ‘‘significant’’ as (Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that expenditure of $100 million or more Significantly Affect Energy Supply,
agencies shall endeavor, consistent with (adjusted annually for inflation with the Distribution, or Use (May 18, 2001). We
the objective of the rule and of base year 1995) in any one year by State, have determined that it is not a
applicable statutes, to fit regulatory and local, and tribal governments, in the ‘‘significant energy action’’ under the
informational requirements to the scale aggregate, or by the private sector; such executive order because it is not a
of the business, organizations, and a mandate is deemed to be a ‘‘significant ‘‘significant regulatory action’’ under
governmental jurisdictions subject to regulatory action.’’ The FAA currently Executive Order 12866, and it is not
regulation.’’ To achieve that principle, uses an inflation-adjusted value of likely to have a significant adverse effect
agencies are required to solicit and $120.7 million in lieu of $100 million. on the supply, distribution, or use of
consider flexible regulatory proposals This proposed rule does not contain energy.
and to explain the rationale for their such a mandate. The requirements of
actions to assure that such proposals are Title II do not apply. Plain English
given serious consideration. The RFA Executive Order 12866 (58 FR 51735,
Executive Order 13132, Federalism Oct. 4, 1993) requires each agency to
covers a wide-range of small entities,
including small businesses, not-for- The FAA has analyzed this proposed write regulations that are simple and
profit organizations and small rule under the principles and criteria of easy to understand. We invite your
governmental jurisdictions. Executive Order 13132, Federalism. We comments on how to make these
Agencies must perform a review to determined that this action would not proposed regulations easier to
determine whether a rule will have a have a substantial direct effect on the understand, including answers to
significant economic impact on a States, on the relationship between the questions such as the following:
substantial number of small entities. If national Government and the States, or • Are the requirements in the
the agency determines that it will, the on the distribution of power and proposed regulations clearly stated?
agency must prepare a regulatory responsibilities among the various • Do the proposed regulations contain
flexibility analysis as described in the levels of government, and; therefore, unnecessary technical language or
RFA. would not have federalism implications. jargon that interferes with their clarity?
However, if an agency determines that • Would the regulations be easier to
a proposed or final rule is not expected Regulations Affecting Interstate
understand if they were divided into
to have a significant economic impact Aviation in Alaska
more (but shorter) sections?
on a substantial number of small Section 1205 of the FAA • Is the description in the preamble
entities, section 605(b) of the 1980 RFA Reauthorization Act of 1996 (110 Stat. helpful in understanding the proposed
provides that the head of the agency 3213) requires the Administrator, when regulations?
may so certify and a regulatory modifying regulations in title 14 of the Please send your comments to the
flexibility analysis is not required. The CFR in a manner affecting interstate address specified in the ADDRESSES
certification must include a statement aviation in Alaska, to consider the section.
providing the factual basis for this extent to which Alaska is not served by
determination, and the reasoning should transportation modes other than Additional Information
be clear. aviation, and to establish such Comments Invited
This proposal is voluntary; therefore regulatory distinctions, as he or she
it imposes no costs. Businesses, large considers appropriate. Because this The FAA invites interested persons to
and small may voluntarily choose to use proposed rule would apply to the participate in this rulemaking by
this proposal because of the associated certification of future designs of submitting written comments, data, or
cost savings. Therefore, the FAA transport category airplanes and their views. We also invite comments relating
Administrator certifies that this subsequent operation, it could, if to the economic, environmental, energy,
proposal would have no adverse impact adopted, affect interstate aviation in or federalism impacts that might result
on small business entities. Alaska. The FAA, therefore, specifically from adopting the proposals in this
requests comments on whether there is document. The most helpful comments
International Trade Impact Assessment reference a specific portion of the
justification for applying the proposed
The Trade Agreements Act of 1979 rule differently in interstate operations proposal, explain the reason for any
(Pub. L. 96–39) prohibits Federal in Alaska. recommended change, and include
agencies from establishing any supporting data. To ensure the docket
standards or engaging in related Environmental Analysis does not contain duplicate comments,
activities that create unnecessary FAA Order 1050.1E identifies FAA please send only one copy of written
obstacles to the foreign commerce of the actions that are categorically excluded comments, or if you are filing comments
United States. Legitimate domestic from preparation of an environmental electronically, please submit your
objectives, such as safety, are not assessment or environmental impact comments only one time.
considered unnecessary obstacles. The statement under the National We will file in the docket all
FAA has assessed the potential effect of Environmental Policy Act in the comments we receive, as well as a
this proposed rule and determined that absence of extraordinary circumstances. report summarizing each substantive
it would impose the same costs on The FAA has determined this proposed public contact with FAA personnel
domestic and international entities and rulemaking action qualifies for the concerning this proposed rulemaking.
thus have a neutral trade impact. categorical exclusion identified in Before acting on this proposal, we will
paragraph 312f and involves no consider all comments we receive on or
Unfunded Mandates Assessment before the closing date for comments.
extraordinary circumstances.
Title II of the Unfunded Mandates We will consider comments filed after

Reform Act of 1995 (Public Law 104–4) Regulations That Significantly Affect the comment period has closed if it is
requires each Federal agency to prepare Energy Supply, Distribution, or Use possible to do so without incurring
a written statement assessing the effects The FAA has analyzed this NPRM expense or delay. We may change this
of any Federal mandate in a proposed or under Executive Order 13211, Actions proposal in light of the comments we
final agency rule that may result in the Concerning Regulations That receive.
Availability of Rulemaking Documents (b) Airplanes outfitted with interior (2) Body-to-Body Contact. Contact
You can get an electronic copy of doors under paragraph 10 of this SFAR between the head, pelvis, or shoulder
rulemaking documents using the must be staffed with at least one flight area of one seated anthropomorphic test
Internet by— attendant who meets the requirements dummy (ATD) on the adjacent seated
1. Searching the Department of of 14 CFR 91.533(b) of this chapter if the ATD’s is not acceptable during the test
Transportation’s electronic Docket airplane has a capacity of 10–50 conducted in accordance with
Management System (DMS) web page passengers, inclusive, and at least two § 25.562(b)(1) and (b)(2). Incidental
(http://dms.dot.gov/search); flight attendants who meet the contact of the legs, feet, arms and hands
2. Visiting the FAA’s Regulations and requirements of 14 CFR 91.533(b) of this that will not result in incapacitation of
Policies web page at http:// chapter if the capacity exceeds 50 the occupants is acceptable.
www.faa.gov/regulations_policies/; or passengers. (3) Body-to-Wall/Furnishing Contact.
3. Accessing the Government Printing (c) Prior to each flight, the operator If the sofa is installed aft of a structure,
Office’s web page at http:// must ensure that each passenger is such as an interior wall or furnishing
www.gpoaccess.gov/fr/index.html. briefed and instructed appropriately on that may be contacted by the pelvis,
You can also get a copy by sending a functions to be performed by the upper arm, chest, or head of an
request to the Federal Aviation passenger and the applicable features of occupant seated next to the structure,
Administration, Office of Rulemaking, the airplane. then a conservative representation of the
ARM–1, 800 Independence Avenue, (d) The airplane may not be offered structure and its stiffness must be
SW., Washington, DC 20591, or by for common carriage or operated for included in the tests. The contact
calling (202) 267–9680. Make sure to hire. The Airplane Flight Manual surface of this structure must be covered
identify the docket number, notice required by § 25.1581 must be revised to with at least 2 inches of energy
number, or amendment number of this prohibit any operations involving the absorbing protective foam.
rulemaking. carriage of persons or property for (4) Thoracic Trauma. Testing with a
You may access all documents the compensation or hire. suitable side impact dummy (SID) (as
FAA considered in developing this (e) A placard stating that ‘‘Operations defined by 49 CFR part 572, subpart F),
proposed rule, including economic involving the carriage of persons or or its equivalent, must be conducted,
analyses and technical reports, from the property for compensation or hire are and the thoracic trauma index (TTI)
internet through the Department of prohibited,’’ must be located in injury criteria acquired with the SID
Transportation’s DMS referenced in conspicuous view of the pilot-in- must be less than 85, as defined in 49
paragraph 1. command. The operators may receive CFR part 572, subpart F. Side impact
remuneration to the extent consistent dummy TTI data must be processed as
List of Subjects in 14 CFR Part 25 with parts 125 and 91, subpart F of this defined in Federal Motor Vehicle Safety
Air transportation, Aircraft, Aviation chapter. Standard (FMVSS) part 571.214, section
safety, Safety. (f) For seating arrangements of 45 to S6.13.5.
60 passengers, analysis must be (5) Pelvis. Pelvic lateral acceleration
The Proposed Amendment submitted that demonstrates that the must not exceed 130 g. Pelvic
In consideration of the foregoing, the airplane can be evacuated in less than acceleration data must be processed as
Federal Aviation Administration 90 seconds under the conditions defined in FMVSS part 571.214, section
proposes to amend part 25 of Title 14, specified in § 25.803 and Appendix J to S6.13.5.
Code of Federal Regulations, as follows: part 25. (6) Shoulder Strap Loads. Where
upper torso straps (shoulder straps) are
PART 25—AIRWORTHINESS Equipment and Design used for sofa occupants, tension loads in
STANDARDS—TRANSPORT 3. General. Unless otherwise noted, individual straps may not exceed 1,750
CATEGORY AIRPLANES compliance is required with the pounds. If dual straps are used for
applicable certification basis for the restraining the upper torso, the total
1. The authority citation for part 25
airplane. strap tension loads may not exceed
continues to read as follows:
4. Occupant Protection. 2,000 pounds.
Authority: 49 U.S.C. 106(g), 40113, 44701, (a) Firm Handhold. In lieu of the (c) General Guidelines.
44702 and 44704. requirements of § 25.785(j), there must (1) All side-facing seats require end
2. In part 25, add SFAR No. ll to be a means provided to enable persons closures.
read as follows: to steady themselves in moderately (2) All seat positions need to be
* * * * * rough air while occupying aisles that are occupied for the longitudinal tests.
along the cabin sidewall or bordered by (3) For the longitudinal tests,
Special Federal Aviation Regulation seats (seat backs providing a 25-pound conducted in accordance with the
No. ll minimum breakaway force are an conditions specified in § 25.562(b)(2), a
1. Applicability. Contrary provisions acceptable means of compliance). minimum number of tests will be
of 14 CFR parts 21, 25, and 119 of this (b) Injury criteria for multiple required as follows:
chapter notwithstanding, an applicant is occupancy side-facing seats. The (i) One test will be required with one
entitled to an amended type certificate following requirements are only SID ATD in the forward most position
or supplemental type certificate in the applicable to airplanes that have and Hybrid II ATD(s) in all other
transport category, if the applicant § 25.562 in their certification basis. positions, with undeformed floor, 10
complies with all applicable provisions (1) Existing Criteria. All injury degrees yaw, and with all lateral
of this SFAR. protection criteria of § 25.562(c)(1) supports (armrests/walls).

through (c)(6) apply to the occupants of (ii) One test will be required with one
Operations side-facing seating. Head injury criteria SID ATD in the center seat and Hybrid
2. General. (HIC) assessments are only required for II (or modified Hybrid III) ATD(s) in all
(a) The passenger seating arrangement head contact with the seat and/or other positions, with deformed floor, 10
may not exceed 60. adjacent structures. degrees yaw, and with all lateral
supports (armrests/walls). This could be (d) A distance of more than 60 feet electrically illuminated emergency
considered the structural test as well. between adjacent passenger emergency lights required by § 25.812 may be
(4) For the vertical test, conducted in exits on the same side of the same deck rendered inoperative in addition to the
accordance with the conditions of the fuselage, as measured parallel to lights that are directly damaged by the
specified in § 25.562(b)(1), Hybrid II the airplane’s longitudinal axis between separation.
ATD’s will be used in all seat positions. the nearest exit edges, is allowed only 10. Interior doors. In lieu of the
5. Direct View. In lieu of the one time on each side of the fuselage. requirements of § 25.813(e), interior
requirements of § 25.785(h)(2), to the 8. Emergency Exit Signs. In lieu of the doors may be installed between
extent practical without compromising requirements of § 25.811(d)(1) and (2) a passenger compartments, provided the
proximity to a required floor level single sign at each exit may be installed following requirements are met.
emergency exit, flight attendant seats provided: Note: Reference paragraph 2(a) of this
must be located to face the cabin area (a) The sign can be read from the aisle SFAR for flight attendant requirements.
for which the flight attendant is while directly facing the exit, and
responsible. (b) The sign can be read from the aisle (a) Each door between passenger
6. Passenger Information Signs. adjacent to the passenger seat furthest compartments must have a means to
Compliance with § 25.791 is required from the exit without an intervening signal to the flightcrew, at the
except that for § 25.791(a), when exit. flightdeck, that the door is in the open
smoking is to be prohibited, notification 9. Emergency Lighting. position for taxi, takeoff and landing.
to the passengers may be provided by a (a) Exit Signs. In lieu of the (b) Appropriate procedures/
single placard so stating, to be requirements of § 25.812(b)(2), for limitations must be established to
conspicuously located inside the airplanes that have a passenger seating ensure that any such door is in the open
passenger compartment, easily visible to configuration, excluding pilot seats, of configuration for takeoff and landing.
all persons entering the cabin in the 19 seats or less, the emergency exit signs (c) Each door between passenger
immediate vicinity of each passenger required by § 25.811(d)(1), (2), and (3) compartments must have dual means to
entry door. must have red letters at least 1-inch high retain it in the open position, each of
7. Distance Between Exits. For an on a white background at least 2 inches which is capable of reacting the inertia
airplane that is required to comply with high. These signs may be internally loads specified in § 25.561.
§ 25.807(f)(4), which has more than one electrically illuminated, or self (d) Doors installed across a
passenger emergency exit on each side illuminated by other than electrical longitudinal aisle must translate
of the fuselage, no passenger emergency means, with an initial brightness of at laterally to open and close, e.g., pocket
exit shall be more than 60 feet from any least 160 microlamberts. The color may doors.
adjacent passenger emergency exit on be reversed in the case of a sign that is (e) Each door between passenger
the same side of the same deck of the self-illuminated by other than electrical compartments must be frangible.
fuselage, as measured parallel to the means. 11. Width of Aisle. Compliance is
airplane’s longitudinal axis between the (b) Floor Proximity Escape Path required with § 25.815, except that aisle
nearest exit edges unless the following Marking. In lieu of the requirements of width may be reduced to no less than
conditions are met: § 25.812(e)(1), for cabin seating 9 inches between passenger seats during
(a) Each passenger seat must be compartments that do not have the main flight, provided that instructions are
located within 30 feet from the nearest cabin aisle entering and exiting the provided at each passenger seat for
exit on each side of the fuselage, as compartment, the following are restoring the aisle width required by
measured parallel to the airplane’s applicable: § 25.815. Procedures must be
longitudinal axis, between the nearest (1) After a passenger leaves any established to ensure that the required
exit edge and the front of the seat passenger seat in the compartment, he/ aisle widths are provided during taxi,
bottom cushion. she must be able to exit the takeoff, and landing. The aisle width is
(b) The number of passenger seats compartment to the main cabin aisle determined with seats in the most
located between two adjacent pairs of using only markings and visual features adverse, fixed position, as described in
emergency exits (commonly referred to not more that 4 feet above the cabin AC 25–17, Transport Airplane Cabin
as a passenger zone) or between a pair floor, and Interiors Crashworthiness Handbook,
of exits and a bulkhead or a (2) Proceed to the exits using the dated June 15, 1991.
compartment door (commonly referred marking system necessary to accomplish 12. Materials for Compartment
to as a ‘‘dead-end zone’’), may not the actions in § 25.812(e)(1) and (e)(2). Interiors. Compliance is required with
exceed the following: (c) Transverse Separation of the § 25.853, except that compliance with
(1) For zones between two pairs of Fuselage. In the event of a transverse Appendix F, parts IV and V need not be
exits, 50 percent of the combined rated separation of the fuselage, compliance demonstrated, if it can be shown by test
capacity of the two pairs of emergency must be shown with § 25.812(l) except or a combination of test and analysis
exits. as follows: that the maximum time for evacuation
(2) For zones between one pair of (1) For each airplane type originally of all occupants does not exceed 45
exits and a bulkhead, 40 percent of the type-certificated with a maximum seconds under the conditions specified
rated capacity of the pair of emergency passenger seating capacity of 9 or less, in Appendix J to part 25.
exits. not more than 50 percent of all 13. Fire Detection. There must be
(c) The total number of passenger electrically illuminated emergency means that meet the requirements of
seats in the airplane may not exceed 33 lights required by § 25.812 may be § 25.858(a) through (d) to signal the
percent of the maximum seating rendered inoperative in addition to the flightcrew in the event of a fire in any
capacity for the airplane model using lights that are directly damaged by the isolated room not occupiable for taxi,
the exit ratings listed in § 25.807(g) for separation. takeoff and landing, which can be
the original certified exits or the (2) For each airplane type originally closed off from the rest of the cabin by
maximum allowable after modification type-certificated with a maximum a door, from any likely source. The
when exits are deactivated, whichever is passenger seating capacity of 10 to 19, indication must identify the
less. not more than 33 percent of all compartment where the fire is located.
14. Cooktops. Each cooktop must be thus rendering it unusable. Placarding must that the flammability characteristics of the
designed and installed to minimize any be installed which prohibits the use of materials will not be adversely affected by
potential threat to the airplane, cookware that cannot be accommodated by the use of cleaning agents and utensils used
the restraint system. to remove cooking stains.
passengers, and crew. Compliance with
(3) Placarding must be installed which (6) The cooktop must be ventilated with a
this requirement must be found in prohibits the use of cooktops (i.e., power on system independent of the airplane cabin and
accordance with the criteria outlined in any burner) during taxi, takeoff, and landing. cargo ventilation system. Procedures and
Appendix 1 of this SFAR. (4) Means must be provided to address the time intervals must be established to inspect
15. Hand-Held Fire Extinguishers. In possibility of a fire occurring on or in the and clean or replace the ventilation system
addition to the requirements of § 25.851, immediate vicinity of the cooktop. Two to prevent a fire hazard from the
hand-held fire extinguishers must be acceptable means of complying with this accumulation of flammable oils and be
requirement are as follows: included in the instructions for continued
installed at every pair of exits certified
(a) Placarding must be installed that airworthiness. The ventilation system
on the original type certificate in the prohibits any burner from being powered
passenger cabin, regardless of whether ducting must be protected by a flame
when the cooktop is unattended. (Note: This arrestor. [Note: The applicant may find
the exits are deactivated for the would prohibit a single person from cooking additional useful information in Society of
proposed configuration. Extinguishers on the cooktop and intermittently serving Automotive Engineers, Aerospace
must be evenly distributed throughout food to passengers while any burner is Recommended Practice 85, Rev. E, entitled
the cabin. These extinguishers are in powered.) A fire detector must be installed in ‘‘Air Conditioning Systems for Subsonic
addition to those required by paragraph the vicinity of the cooktop which provides an Airplanes,’’ dated August 1, 1991.]
14 of this SFAR, unless it can be shown audible warning in the passenger cabin, and
(7) Means must be provided to contain
a fire extinguisher of appropriate size and
that the cooktop was installed in the spilled foods or fluids in a manner that will
extinguishing agent must be installed in the
immediate vicinity of the original exits. prevent the creation of a slipping hazard to
immediate vicinity of the cooktop. Access to
occupants and will not lead to the loss of
Appendix 1 to SFAR No.—Cooktops the extinguisher must not be blocked by a fire
structural strength due to airplane corrosion.
on or around the cooktop.
(a) Each cooktop must be designed and (b) An automatic, thermally activated fire (8) Cooktop installations must provide
installed as follows: suppression system must be installed to adequate space for the user to immediately
(1) Means, such as conspicuous burner-on extinguish a fire at the cooktop and escape a hazardous cooktop condition.
indicators, physical barriers, or handholds immediately adjacent surfaces. The agent (9) A means to shut off power to the
must be installed to minimize the potential used in the system must be an approved total cooktop must be provided at the galley
for inadvertent personnel contact with hot flooding agent suitable for use in an occupied containing the cooktop and in the cockpit. If
surfaces of both the cooktop and cookware. area. The fire suppression system must have additional switches are introduced in the
Conditions of turbulence must be considered. a manual override. The automatic activation cockpit, revisions to smoke or fire emergency
(2) Sufficient design means must be of the fire suppression system must also procedures of the Airplane Flight Manual
included to restrain cookware while in place automatically shut off power to the cooktop. will be required.
on the cooktop, as well as representative (5) The surfaces of the galley surrounding (10) If the cooktop is required to have a lid
contents, e.g., soup, sauces, etc., from the the cooktop, which would be exposed to a to enclose the cooktop there must be a means
effects of flight loads and turbulence. fire on the cooktop surface or in cookware on to automatically shut off power to the
Restraints must be provided to preclude the cooktop, must be constructed of materials cooktop when the lid is closed.
hazardous movement of cookware and that comply with the flammability Issued in Washington, DC, on July 3, 2007.
contents. These restraints must accommodate requirements of Part III of Appendix F to part Dorenda D. Baker,
any cookware that is identified for use with 25. This requirement is in addition to the Deputy Director, Aircraft Certification
the cooktop. Restraints must be designed to flammability requirements typically required Service.
be easily utilized and effective in service. of the materials in these galley surfaces.
The cookware restraint system should also be During the selection of these materials, [FR Doc. E7–13582 Filed 7–12–07; 8:45 am]
designed so that it will not be easily disabled, consideration must also be given to ensure BILLING CODE 4910–13–P

Proposed Rule: Airworthiness Directives: Operators of Private Use Airplanes Cabin Interior Criteria

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Proposed Rule: Airworthiness Directives: Operators of Private Use Airplanes Cabin Interior Criteria

Enviado por

Direitos autorais:

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Friday,

July 13, 2007

PASSENGER CAPACITY DISCRIMINANTS

applicants expressed about compliance

What concerns have private use design or operational procedures. The

Title II of the Unfunded Mandates We will consider comments filed after

of this SFAR. protection criteria of § 25.562(c)(1) supports (armrests/walls).

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