81 FR 49871 - Special Conditions: ATR Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 146 (July 29, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 146 (July 29, 2016)
| Page Range | 49871-49873 | |
| FR Document | 2016-17846 |
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)] [Rules and Regulations] [Pages 49871-49873] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17846] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2016-8246; Special Conditions No. 25-624-SC] Special Conditions: ATR Model ATR-42-200/-300/-320/-500 and ATR- 72-102/-202/-212/-212A Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. ----------------------------------------------------------------------- SUMMARY: These special conditions are issued for ATR Model ATR-42-200/- 300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes. These airplanes will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport- category airplanes. This design feature is seats with non-traditional, large, non-metallic panels. 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. [[Page 49872]] DATES: This action is effective on ATR on July 29, 2016. We must receive your comments by September 12, 2016. ADDRESSES: Send comments identified by docket number FAA-2016-8246 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. 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: John Shelden, Airframe and Cabin Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2785; facsimile 425-227-1149. SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions is impracticable because these procedures would significantly delay issuance of the design approval, and thus delivery, of the affected airplanes. In addition, the substance of these special conditions has been subject to the public-comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the Federal Register. 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 March 2, 2016, ATR applied for a change to type certificate no. A53EU for the installation of seats constructed of non-traditional, non-metallic materials in the Model ATR-42-200/-300/-320/-500, and ATR- 72-102/-202/-212/-212A airplanes. The Model ATR-42/-72 series airplanes are twin-engine, turbopropeller-powered, transport-category airplanes with maximum passenger capacity up to 74, depending upon airplane model. Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, ATR must show that the Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes, as changed, continue to meet the applicable provisions of the regulations listed in type certificate no. A53EU, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of 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, the Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/- 212/-212A 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 The Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes will incorporate the following novel or unusual design feature: Passenger seats that incorporate non-traditional, large, non- metallic panels in lieu of the traditional metal frame covered by fabric. Discussion In the early 1980s, the FAA conducted extensive research on the effects of post-crash flammability in the passenger cabin. As a result of this research and service experience, the FAA adopted new standards for interior surfaces associated with large surface-area parts. Specifically, the rules require measurement of heat release and smoke emission (part 25, Appendix F, parts IV and V) for the affected parts. Heat release has been shown to have a direct correlation with post- crash-fire survival time. Materials that comply with the standards (i.e., Sec. 25.853, ``Compartment interiors'' at Amendment 25-61 and Amendment 25-66) extend survival time by approximately 2 minutes over materials that do not comply. At the time these standards were written, the potential application of the requirements of seat heat release and smoke emission was explored. The seat frame itself was not a concern because it was primarily made of aluminum and only small amounts of non-metallic materials. Research determined that the overall effect on survivability was negligible, whether or not the food trays met the heat-release and smoke-emission requirements. The requirements therefore did not address seats. The preambles to both the Notice of Proposed Rule Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985), and the Final Rule at Amendment 25-61 (51 FR 26206, July [[Page 49873]] 21, 1986), specifically note that seats were excluded ``because the recently adopted standards for flammability of seat cushions will greatly inhibit involvement of the seats.'' Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 6, 1995) clarified the definition of minimum panel size: ``It is not possible to cite a specific size that will apply in all installations; however, as a general rule, components with exposed surface areas of one square foot or less may be considered small enough that they do not have to meet the new standards. Components with exposed surface areas greater than two square feet may be considered large enough that they do have to meet the new standards. Those with exposed surface areas greater than one square foot, but less than two square feet, must be considered in conjunction with the areas of the cabin in which they are installed before a determination could be made.'' In the late 1990s, the FAA issued Policy Memorandum 97-112-39, ``Guidance for Flammability Testing of Seat/Console Installations,'' October 17, 1997 (http://rgl.faa.gov). That memo was issued when it became clear that seat designs were evolving to include large, non- metallic panels with surface areas that would impact survivability during a cabin-fire event, comparable to partitions or galleys. The memo noted that large-surface-area panels must comply with heat-release and smoke-emission requirements, even if they were attached to a seat. If the FAA had not issued such policy, seat designs could have been viewed as a loophole to the airworthiness standards that would result in an unacceptable decrease in survivability during a cabin-fire event. In October of 2004, an issue was raised regarding the appropriate flammability standards for passenger seats that incorporated non- traditional, large, non-metallic panels in lieu of the traditional metal covered by fabric. The FAA Seattle Aircraft Certification Office and Transport Standards Staff reviewed this design, and determined that it represented the kind and quantity of material that should be required to pass the heat-release and smoke-emissions requirements. The FAA has determined that special conditions would be issued to apply the standards defined in 14 CFR 25.853(d) to seats with large, non-metallic panels in their design. Traditional seat panels would not be covered by the special conditions. 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 As discussed above, these special conditions are applicable to the Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes. Should ATR apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, these special conditions would apply to that model as well. These special conditions apply to new seat-certification programs. Previously approved seats are not affected by these special conditions. Conclusion This action affects only certain novel or unusual design features on two model series of airplanes. It is not a rule of general applicability. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in the Federal Register. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. 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 ATR Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes for new seat-certification programs. 1. Compliance with 14 CFR part 25 Appendix F, parts IV and V, ``Heat release and smoke emission,'' is required for seats that incorporate non-traditional, large, non-metallic panels that may be either a single component or multiple components in a concentrated area in their design. 2. The applicant may designate up to and including 1.5 square feet of non-traditional, non-metallic panel material per seat place that does not have to comply with special condition 1, above. A triple seat assembly may have a total of 4.5 square feet excluded on any portion of the assembly (e.g., outboard seat place, 1 sq. ft.; middle, 1 sq. ft.; and inboard, 2.5 sq. ft.) 3. Seats need not meet the test requirements of 14 CFR part 25 Appendix F, parts IV and V, when installed in compartments that are not otherwise required to meet these requirements. Examples include airplanes: a. With passenger capacities of 19 or fewer; b. that do not have smoke-emission and heat-release test requirements in their certification basis, and that are not required by 14 CFR 121.312 to conduct such tests; or c. that are exempted from smoke-emission and heat-release testing. Issued in Renton, Washington, on July 21, 2016. Michael Kaszycki, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-17846 Filed 7-28-16; 8:45 am] BILLING CODE 4910-13-P
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a change to the type certificate to the lower leg flail would not occur. The system’s activation system prior to each
include another model incorporating the leg-flail airbag system must provide a flight, or the leg-flail airbag system’s
same novel or unusual design feature, consistent approach to prevention of leg activation system must reliably operate
these special conditions would apply to flail throughout that range of occupants between inspection intervals. The FAA
that model as well. whose lower legs can form a 90-degree considers that the loss of the leg-flail
angle relative to the upper legs when airbag system’s deployment function
Conclusion
seated upright in the seat. Items that alone (i.e., independent of the
This action affects only certain novel need to be considered include, but are conditional event that requires the leg-
or unusual design features on one model not limited to, the range of occupants’ flail airbag system’s deployment) is a
series of airplanes. It is not a rule of popliteal height, the range of occupants’ major-failure condition.
general applicability. buttock popliteal length, the design of 12. The airbag inflatable material may
The substance of these special the seat effective height above the floor, not have an average burn rate of greater
conditions has been subjected to the and the effective depth of the seat- than 2.5 inches per minute when tested
notice and comment period in several bottom cushion. using the horizontal flammability test
prior instances and has been derived 2. The leg-flail airbag system must defined in part 25, appendix F, part I,
without substantive change from those provide adequate protection for each paragraph (b)(5).
previously issued. It is unlikely that occupant regardless of the number of 13. The leg-flail airbag system, once
prior public comment would result in a occupants of the seat assembly, deployed, must not adversely affect the
significant change from the substance considering that unoccupied seats may emergency-lighting system (i.e., block
contained herein. Therefore, because a have an active leg-flail airbag system. floor-proximity lights to the extent that
delay would significantly affect the 3. The leg-flail airbag system must not the lights no longer meet their intended
certification of the airplane, the FAA be susceptible to inadvertent function).
has determined that prior public notice deployment as a result of wear and tear, Issued in Renton, Washington, on July 21,
and comment are unnecessary and or inertial loads resulting from in-flight 2016.
impracticable, and good cause exists for or ground maneuvers (including gusts Michael Kaszycki,
adopting these special conditions upon and hard landings), and other operating
publication in the Federal Register. The Acting Manager, Transport Airplane
and environmental conditions Directorate, Aircraft Certification Service.
FAA is requesting comments to allow (vibrations, moisture, etc.) likely to
interested persons to submit views that [FR Doc. 2016–17845 Filed 7–28–16; 8:45 am]
occur in service.
may not have been submitted in 4. Deployment of the leg-flail airbag
BILLING CODE 4910–13–P
response to the prior opportunities for system must not introduce injury
comment described above. mechanisms to the seated occupant, or DEPARTMENT OF TRANSPORTATION
List of Subjects in 14 CFR Part 25 result in injuries that could impede
rapid egress. Federal Aviation Administration
Aircraft, Aviation safety, Reporting 5. Inadvertent deployment of the leg-
and recordkeeping requirements. flail airbag system, during the most 14 CFR Part 25
The authority citation for these critical part of the flight, must either
special conditions is as follows: [Docket No. FAA–2016–8246; Special
meet the requirement of § 25.1309(b), or
Conditions No. 25–624–SC]
Authority: 49 U.S.C. 106(g), 40113, 44701, not cause a hazard to the airplane or its
44702, 44704. occupants. Special Conditions: ATR Model ATR–
The Special Conditions 6. The leg-flail airbag system must not 42–200/–300/–320/–500 and ATR–72–
impede rapid egress of occupants from 102/–202/–212/–212A Airplanes; Seats
Accordingly, pursuant to the the airplane 10 seconds after airbag
authority delegated to me by the With Non-Traditional, Large, Non-
deployment. Metallic Panels
Administrator, the following special 7. The leg-flail airbag system must be
conditions are issued as part of the type protected from lightning and high- AGENCY: Federal Aviation
certification basis for Embraer Model intensity radiated fields (HIRF). The Administration (FAA), DOT.
EMB–550 and Model–545 series threats to the airplane specified in ACTION: Final special conditions; request
airplanes. existing regulations regarding lightning for comments.
In addition to the requirements of (§ 25.1316) and HIRF (§ 25.1317) are
§§ 25.562 and 25.785, and special incorporated by reference for the SUMMARY: These special conditions are
conditions no. 25–495–SC, the purpose of measuring lightning and issued for ATR Model ATR–42–200/–
following special conditions are part of HIRF protection. 300/–320/–500 and ATR–72–102/–202/
the type certification basis for the 8. The leg-flail airbag system must –212/–212A airplanes. These airplanes
Embraer Model EMB–545 and EMB–550 function properly after loss of normal will have a novel or unusual design
series airplanes with leg-flail airbags airplane electrical power, and after a feature when compared to the state of
installed on side-facing seats. transverse separation of the fuselage at technology envisioned in the
1. For seats with a leg-flail airbag the most critical location. A separation airworthiness standards for transport-
system, the system must deploy and at the location of the leg-flail airbag category airplanes. This design feature
provide protection under crash system does not have to be considered. is seats with non-traditional, large, non-
conditions where it is necessary to 9. The leg-flail airbag system must not metallic panels. The applicable
asabaliauskas on DSK3SPTVN1PROD with RULES
prevent serious injury. The means of release hazardous quantities of gas or airworthiness regulations do not contain
protection must take into consideration particulate matter into the cabin. adequate or appropriate safety standards
a range of stature from a 2-year-old child 10. The leg-flail airbag system for this design feature. These special
to a 95th-percentile male. At some installation must be protected from the conditions contain the additional safety
buttock popliteal length and effective effects of fire such that no hazard to standards that the Administrator
seat-bottom depth, the lower legs will occupants will result. considers necessary to establish a level
not be able to form a 90-degree angle 11. A means must be available to of safety equivalent to that established
relative to the upper leg; at this point, verify the integrity of the leg-flail airbag by the existing airworthiness standards.
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![Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Rules and Regulations 49873
21, 1986), specifically note that seats that established by the existing that may be either a single component
were excluded ‘‘because the recently airworthiness standards. or multiple components in a
adopted standards for flammability of concentrated area in their design.
Applicability
seat cushions will greatly inhibit 2. The applicant may designate up to
involvement of the seats.’’ As discussed above, these special and including 1.5 square feet of non-
Subsequently, the Final Rule at conditions are applicable to the Model traditional, non-metallic panel material
Amendment 25–83 (60 FR 6615, March ATR–42–200/–300/–320/–500 and per seat place that does not have to
6, 1995) clarified the definition of ATR–72–102/–202/–212/–212A comply with special condition 1, above.
minimum panel size: ‘‘It is not possible airplanes. Should ATR apply at a later A triple seat assembly may have a total
to cite a specific size that will apply in date for a change to the type certificate of 4.5 square feet excluded on any
all installations; however, as a general to include another model incorporating portion of the assembly (e.g., outboard
rule, components with exposed surface the same novel or unusual design seat place, 1 sq. ft.; middle, 1 sq. ft.; and
areas of one square foot or less may be feature, these special conditions would inboard, 2.5 sq. ft.)
considered small enough that they do apply to that model as well. These 3. Seats need not meet the test
not have to meet the new standards. special conditions apply to new seat- requirements of 14 CFR part 25
Components with exposed surface areas certification programs. Previously Appendix F, parts IV and V, when
greater than two square feet may be approved seats are not affected by these installed in compartments that are not
considered large enough that they do special conditions. otherwise required to meet these
have to meet the new standards. Those Conclusion requirements. Examples include
with exposed surface areas greater than airplanes:
one square foot, but less than two square This action affects only certain novel
a. With passenger capacities of 19 or
feet, must be considered in conjunction or unusual design features on two
fewer;
with the areas of the cabin in which model series of airplanes. It is not a rule
b. that do not have smoke-emission
they are installed before a determination of general applicability.
The substance of these special and heat-release test requirements in
could be made.’’ their certification basis, and that are not
In the late 1990s, the FAA issued conditions has been subjected to the
notice and comment period in several required by 14 CFR 121.312 to conduct
Policy Memorandum 97–112–39, such tests; or
‘‘Guidance for Flammability Testing of prior instances and has been derived
without substantive change from those c. that are exempted from smoke-
Seat/Console Installations,’’ October 17, emission and heat-release testing.
1997 (http://rgl.faa.gov). That memo previously issued. It is unlikely that
was issued when it became clear that prior public comment would result in a Issued in Renton, Washington, on July 21,
seat designs were evolving to include significant change from the substance 2016.
large, non-metallic panels with surface contained herein. Therefore, because a Michael Kaszycki,
areas that would impact survivability delay would significantly affect the Assistant Manager, Transport Airplane
during a cabin-fire event, comparable to certification of the airplane, which is Directorate, Aircraft Certification Service.
partitions or galleys. The memo noted imminent, the FAA has determined that [FR Doc. 2016–17846 Filed 7–28–16; 8:45 am]
that large-surface-area panels must prior public notice and comment are BILLING CODE 4910–13–P
comply with heat-release and smoke- unnecessary and impracticable, and
emission requirements, even if they good cause exists for adopting these
were attached to a seat. If the FAA had special conditions upon publication in DEPARTMENT OF TRANSPORTATION
not issued such policy, seat designs the Federal Register. The FAA is
could have been viewed as a loophole requesting comments to allow interested Federal Aviation Administration
to the airworthiness standards that persons to submit views that may not
would result in an unacceptable have been submitted in response to the 14 CFR Part 39
decrease in survivability during a cabin- prior opportunities for comment [Docket No. FAA–2016–3700; Directorate
fire event. described above. Identifier 2015–NM–171–AD; Amendment
In October of 2004, an issue was 39–18595; AD 2016–15–04]
raised regarding the appropriate List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting RIN 2120–AA64
flammability standards for passenger
seats that incorporated non-traditional, and recordkeeping requirements.
Airworthiness Directives; The Boeing
large, non-metallic panels in lieu of the The authority citation for these Company Airplanes
traditional metal covered by fabric. The special conditions is as follows:
FAA Seattle Aircraft Certification Office Authority: 49 U.S.C. 106(g), 40113, 44701, AGENCY: Federal Aviation
and Transport Standards Staff reviewed 44702, 44704. Administration (FAA), DOT.
this design, and determined that it ACTION: Final rule.
represented the kind and quantity of The Special Conditions
material that should be required to pass Accordingly, pursuant to the SUMMARY: We are adopting a new
the heat-release and smoke-emissions authority delegated to me by the airworthiness directive (AD) for all The
requirements. The FAA has determined Administrator, the following special Boeing Company Model 757–200 and
that special conditions would be issued conditions are issued as part of the type –200CB series airplanes. This AD was
to apply the standards defined in 14 certification basis for ATR Model ATR– prompted by an evaluation by the
asabaliauskas on DSK3SPTVN1PROD with RULES
CFR 25.853(d) to seats with large, non- 42–200/–300/–320/–500 and ATR–72– design approval holder (DAH)
metallic panels in their design. 102/–202/–212/–212A airplanes for new indicating that the lap splices at stringer
Traditional seat panels would not be seat-certification programs. S–14R, lower fastener row, are subject to
covered by the special conditions. 1. Compliance with 14 CFR part 25 widespread fatigue damage (WFD). This
These special conditions contain the Appendix F, parts IV and V, ‘‘Heat AD requires external dual frequency
additional safety standards that the release and smoke emission,’’ is eddy current (DFEC) or internal high
Administrator considers necessary to required for seats that incorporate non- frequency eddy current (HFEC)
establish a level of safety equivalent to traditional, large, non-metallic panels inspections of the lap splice, inner skin
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Document Created: 2018-02-08 07:51:18
Document Modified: 2018-02-08 07:51:18
| 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 | This action is effective on ATR on July 29, 2016. We must receive your comments by September 12, 2016. | |
| Contact | John Shelden, Airframe and Cabin Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2785; facsimile 425-227-1149. | |
| FR Citation | 81 FR 49871 | |
| CFR Associated | Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements |
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