80 FR 67623 - Special Conditions: Embraer Model EMB-545 and EMB-550 Airplanes; Occupant Protection For Side-Facing Seats Forward of Aft-Facing Seats

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range		67623-67626
FR Document		2015-27937

These special conditions are issued for Embraer Model EMB-545 and EMB-550 airplanes. These airplanes will have a novel or unusual design feature associated with a seat configuration of side-facing seats positioned forward of aft-facing seats, and with a structural armrest between the side-facing and aft-facing seats. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015)

[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67623-67626]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-27937]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3368; Special Conditions No. 25-603-SC]

Special Conditions: Embraer Model EMB-545 and EMB-550 Airplanes;
Occupant Protection For Side-Facing Seats Forward of Aft-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for Embraer Model EMB-545
and EMB-550 airplanes. These airplanes will have a novel or unusual
design feature associated with a seat configuration of side-facing
seats positioned forward of aft-facing seats, and with a structural
armrest between the side-facing and aft-facing seats. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is November 3,
2015. We must receive your comments by December 18, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3368
using any of the following methods:
Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.

[[Page 67624]]

Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone (425) 227-2194, facsimile (425) 227-1232.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for, prior public comment on these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane. The FAA therefore finds that good cause exists for making
these special conditions effective upon issuance.

Comments Invited

We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

On October 14, 2010, Embraer S.A. applied for an amendment to type
certificate no. TC00062IB to include the new Embraer Model EMB-545
airplane. These special conditions allow installation of side-facing
seats forward of aft-facing seats in Embraer Model EMB-545 and EMB-550
airplanes.
The Embraer Model EMB-545 airplane is a derivative of the Model
EMB-550 airplane currently approved under type certificate no.
TC00062IB. As compared to the Model EMB-550, the Model EMB-545 fuselage
is one meter shorter. The Model EMB-545 airplane is designed for an
eight-passenger configuration and a maximum of nine passengers
(including lavatory seat).

Type Certification Basis

Under the provisions of 14 CFR 21.101, Embraer must show that the
Model EMB-545 and EMB-550 airplanes meet the applicable provisions of
the regulations listed in type certificate no. TC00062IB, or the
applicable regulations in effect on the date of application for the
change, except for earlier amendments as agreed upon by the FAA. The
regulations listed in the type certificate are commonly referred to as
the ``original type certification basis.'' The regulations incorporated
by reference in type certificate no. TC00062IB are as follows:
Title 14, Code of Federal Regulations part 25, effective February
1, 1965, including Amendments 25-1 through 25-129, in their entirety.
In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Embraer Model EMB-545 and EMB-550
airplanes because of a novel or unusual design feature, special
conditions are prescribed under Sec. 21.16.
Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same novel or
unusual design feature, or should any other model already included on
the same type certificate be modified to incorporate the same novel or
unusual design feature, these special conditions would also apply to
the other model under Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, Embraer Model EMB-545 and EMB-550 airplanes must comply
with the fuel-vent and exhaust-emission requirements of 14 CFR part 34,
and the noise-certification requirements of 14 CFR part 36.
The FAA issues special conditions as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.

Novel or Unusual Design Features

Embraer Model EMB-545 and EMB-550 airplanes will incorporate the
following novel or unusual design feature: Side-facing seats installed
forward of aft-facing seats.

Discussion

This issuance of special conditions for side-facing seats installed
forward of aft-facing seats requires dynamic seat testing. Such tests
are required of all applicants who plan to install side-facing and
oblique seating in passenger airplanes.

[[Page 67625]]

[GRAPHIC] [TIFF OMITTED] TR03NO15.244

The intent of the dynamic seat testing is to evaluate airplane
seats, restraints, and related interior systems to demonstrate their
structural strength and their ability to protect an occupant from
serious injuries in a survivable crash. The current regulations (14 CFR
25.561, 25.562, and 25.785) address occupant-injury protection for
forward- and aft-facing seats. The FAA has issued special conditions
no. 25-495-SC for Embraer Model EMB-545 and EMB-550 airplanes to
address the additional occupant-injury protection concerns raised by
for side-facing seats. However, the aft occupant of the side-facing
seat (see Figure 1 in these special conditions) may interact with the
aft-facing seat, a scenario that the regulations do not specifically
address.
The aft-facing seat back could deform during the dynamic-test
event, and could contact the occupant in the aft side-facing seat. The
point that the seat back contacts the occupant could be in an area of
the body that has no defined, acceptable, injury-evaluation method,
such as the shoulder. This type of contact is addressed in the above-
mentioned side-facing-seat special conditions, which prohibit body-to-
body contact.
The applicant proposed installing a structural armrest between the
side-facing seat and the aft-facing seat to help prevent contact
between the aft-facing seat and the aft occupant of the side-facing
seat. The FAA believes that this contact would be likely to occur if
the structural armrest failed to perform as intended in an emergency
landing. Therefore, the purpose of these special conditions is to
define the specific structural requirements of the proposed structural
armrest, and the additional requirements necessary to protect the
seated occupant from both the side-facing seat and the adjacent aft-
facing seat.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

These special conditions are applicable to Embraer Model EMB-545
and EMB-550 airplanes. Should Embraer apply at a later date for a
change to the type certificate to include another model that
incorporates the same novel or unusual design feature, or should any
other model already included on the same type certificate be modified
to incorporate the same novel or unusual design feature, these special
conditions would apply to the other model as well.

Conclusion

This action affects only certain novel or unusual design features
on Embraer Model EMB-545 and EMB-550 airplanes. It is not a rule of
general applicability, and it affects only those airplanes listed on
amended type certificate no. TC00062IB.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

The authority citation for these special conditions is as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Embraer Model EMB-545 and EMB-550
airplanes with side-facing seats installed forward of aft-facing seats.
The applicant must propose a certification strategy for the
structural armrest. This strategy must address the structural integrity
of the structural armrest, and occupant protection, after a survivable
crash. The strategy must define how the applicant will ensure that the
installation, when deformed due to the application of static, dynamic,
and interaction (with aft-facing seat) loads, and while complying with
the applicable 14 CFR 25.561 and 25.562 requirements:
1. The proposed structural armrest will not touch the side-facing
seat's aft occupant, and the occupant will not act as an ``human
cushion;''
2. The backrest of the aft-facing seat will not touch the side-
facing seat's aft occupant;
3. The proposed structural armrest will not impose loads to the
side-facing seat structure, and;
4. The seat back of the aft-facing seat will not, as a result of
contact with the structural armrest, result in damage or deformation of
the seat back that could be injurious to the occupant of the aft-facing
seat.
In addition, the applicant must:
1. Test the structural armrest with pitch and roll of the seat
track to ensure that the armrest continues to protect the occupant of
the side-facing seat.
2. Conduct at least two 16G forward-structural tests with the
combination of the side-facing seat, structural armrest, and the aft-
facing seat. For these tests, the applicant must account for all
structural requirements and post-test conditions.
3. Document any load sharing between the side-facing seat,
structural armrest, and the aft-facing seat.

[[Page 67626]]

4. Address the worst-case floor deformation that:
a. Produces the maximum load into the structural armrest. This
includes the load caused by the floor deformation and the load from the
aft-facing seat back.
b. allows the aft-facing seat back the most forward dynamic
deformation in the area of the side-facing seat's aft occupant. No
contact between the aft-facing seat and the side-facing seat aft
occupant is acceptable.

Issued in Renton, Washington, on October 27, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-27937 Filed 11-2-15; 8:45 am]
BILLING CODE 4910-13-P

67626 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations

4. Address the worst-case floor DATES: Effective Date: December 3, 2015. than codifying it in § 570.712. HUD
deformation that: FOR FURTHER INFORMATION CONTACT: Paul stated that the amount of the fee would
a. Produces the maximum load into Webster, Director, Financial reduce the credit subsidy cost to the
the structural armrest. This includes the Management Division, Office of Block Federal Government to a level that
load caused by the floor deformation Grant Assistance, Office of Community eliminates the need for appropriated
and the load from the aft-facing seat Planning and Development, Department credit subsidy budget authority.
back. of Housing and Urban Development, In addition to establishing the new
b. allows the aft-facing seat back the 451 7th Street SW., Room 7180, § 570.712, the February 5, 2015, rule
most forward dynamic deformation in Washington, DC 20410; telephone proposed related amendments to other
the area of the side-facing seat’s aft number 202–708–1871 (this is not a toll- sections of part 570, subpart M, to
occupant. No contact between the aft- free number). Individuals with speech implement the authority to charge
facing seat and the side-facing seat aft or hearing impairments may access this Section 108 borrowers a fee.
occupant is acceptable. number through TTY by calling the Specifically, HUD proposed amending
Issued in Renton, Washington, on October Federal Relay Service, toll-free, at 800– § 570.701 (Definitions) to add a
27, 2015. 877–8339. Faxed inquiries (but not definition of ‘‘credit subsidy cost’’ to
Michael Kaszycki, comments) may be sent to Mr. Webster mean the estimated long-term cost to the
at 202–708–1798 (this is not a toll-free Federal Government of a Section 108
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. number). loan guarantee or a modification thereof,
SUPPLEMENTARY INFORMATION: calculated on a net present value basis,
[FR Doc. 2015–27937 Filed 11–2–15; 8:45 am]
excluding administrative costs and any
BILLING CODE 4910–13–P I. Background incidental effects on governmental
A. The February 5, 2015, Proposed Rule receipts or outlays. HUD based this
definition on the definition of ‘‘cost’’ in
DEPARTMENT OF HOUSING AND On February 5, 2015, HUD published the Federal Credit Reform Act of 1990 1
URBAN DEVELOPMENT a rule in the Federal Register, at 80 FR (2 U.S.C. 661–661f at § 661a), modified
6470, proposing to amend the Section to exclude direct loans, which are not
24 CFR Part 570 108 regulations at 24 CFR part 570, authorized under the Section 108
[Docket No. FR–5767–F–03] subpart M, to permit HUD, in Program. HUD also proposed amending
accordance with statutory authority, to § 570.705(g) to add, as a loan
RIN 2506–AC35 collect fees from Section 108 borrowers requirement, that each public entity, or
to offset the cost of Section 108 loan its designated public agency, and each
Section 108 Loan Guarantee Program: guarantees. HUD published its proposal
Payment of Fees To Cover Credit State issuing debt obligations pay any
in anticipation of annual appropriations and all fees charged by HUD for the
Subsidy Costs that do not include budget authority for purpose of paying the credit subsidy
AGENCY: Office of the Assistant a credit subsidy and require HUD to costs of the loan guarantee.
Secretary for Community Planning and collect fees from borrowers to cover the To facilitate the payment of these
Development, HUD. credit subsidy costs for guaranteeing the charges, HUD’s February 5, 2015, rule
ACTION: Final rule. loans. proposed permitting the payment of
HUD’s February 5, 2015, rule these fees from guaranteed loan
SUMMARY: This final rule amends HUD’s proposed establishing a new section, proceeds. HUD proposed amending
Section 108 Loan Guarantee Program § 570.712, entitled ‘‘Collection of fees; § 570.703 (Eligible activities) to provide
(Section 108 Program) regulations to procedure to determine amount of the that guaranteed loan funds may be used
permit HUD to collect fees from Section fee,’’ that would provide for the for the payment of fees charged by HUD,
108 borrowers to offset the credit collection of fees for the Section 108 when the fees are paid from the
subsidy costs of Section 108 loan Loan Guarantee Program. Specifically, disbursement of guaranteed loan funds.
guarantees. The Department of Housing § 570.712 would provide that when In addition, to notify the public of plans
and Urban Development Appropriations HUD has been authorized to collect a fee to use grant funds or loan proceeds to
Acts of 2014 and 2015 authorize HUD, for the Section 108 Program and pay the fee, HUD proposed changes to
for each of those fiscal years, to collect Congress has not appropriated a subsidy § 570.704 (Application requirements) to
fees from borrowers to offset the credit for the Section 108 Program or the require that applicants include the
subsidy costs for the guaranteed loans. appropriated subsidy is insufficient to estimated amount of the fee to be paid
This final rule amends HUD’s Section offset the costs of the Section 108 loan in the application for loan guarantee
108 Program regulations to ensure that guarantees, HUD will collect a fee for assistance. Use of grant funds for fees or
HUD can begin to make Section 108 the program. When such conditions payments of principal and interest
loan guarantee commitments without occur, HUD stated that it would would also need to be included in each
appropriated credit subsidy budget announce through notice published in applicant’s consolidated plan.
authority, in accordance with applicable the Federal Register its intent to impose Finally, HUD proposed amending
law. This final rule follows publication a fee and explain the basis and amount § 570.200(a)(3)(iii) to clarify that when
of the February 5, 2015, proposed rule of the fee imposed. The fee that would the fee is paid from the proceeds of a
and adopts the proposed rule with be imposed would be expressed as a guaranteed loan, grant funds used to
minor, clarifying changes to how HUD percentage of the principal amount of repay that loan would not be subject to
will determine and announce the the guaranteed loan. Recognizing that the requirement that not less than 70
mstockstill on DSK4VPTVN1PROD with RULES

amount of the fee. Elsewhere in today’s the amount of the fee would be
Federal Register, HUD is publishing a dependent upon the authority provided 1 The Department of Housing and Urban

document that sets the fee that it will by HUD’s annual appropriations to issue Development Appropriations Act, 2014, references
charge borrowers under the Section 108 loan guarantee commitments and could section 502 of the Congressional Budget Act of
1974. Section 502 was added to the Congressional
Program for loan guarantee vary from year to year, HUD proposed Budget Act of 1974 by the Federal Credit Reform
commitments awarded in Fiscal Year announcing the fee through notice Act of 1990, Public Law 101–508, title XIII, subtitle
(FY) 2016. published in the Federal Register rather B, section 13201(a), 104 Stat. 1388–610.

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Document Created: 2018-03-01 11:33:37
Document Modified: 2018-03-01 11:33:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final special conditions; request for comments.
Dates		The effective date of these special conditions is November 3, 2015. We must receive your comments by December 18, 2015.
Contact		Jayson Claar, FAA, Airframe and Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone (425) 227-2194, facsimile (425) 227-1232.
FR Citation		80 FR 67623
CFR Associated		Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements

80 FR 67623 - Special Conditions: Embraer Model EMB-545 and EMB-550 Airplanes; Occupant Protection For Side-Facing Seats Forward of Aft-Facing Seats

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 212 (November 3, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration