81_FR_51230 81 FR 51081 - Special Conditions: The Boeing Company Model 787-9 Series Airplane; Dynamic Test Requirements for Single-Occupant Oblique (Side-Facing) Seats With Inflatable and 3-Point Restraint Systems

81 FR 51081 - Special Conditions: The Boeing Company Model 787-9 Series Airplane; Dynamic Test Requirements for Single-Occupant Oblique (Side-Facing) Seats With Inflatable and 3-Point Restraint Systems

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51081-51084
FR Document2016-18449

These special conditions are issued for The Boeing Company (Boeing) Model 787-9 series airplane. This airplane, as modified by Boeing, will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. These design features are single-occupant oblique (side-facing) seats with inflatable and 3-point restraint systems requiring dynamic testing. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. 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 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51081-51084]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18449]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-5909; Special Conditions No. 25-626-SC]


Special Conditions: The Boeing Company Model 787-9 Series 
Airplane; Dynamic Test Requirements for Single-Occupant Oblique (Side-
Facing) Seats With Inflatable and 3-Point Restraint Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for The Boeing Company 
(Boeing) Model 787-9 series airplane. This airplane, as modified by 
Boeing, will have novel or unusual design features when compared to the 
state of technology envisioned in the airworthiness standards for 
transport-category airplanes. These design features are single-occupant 
oblique (side-facing) seats with inflatable and 3-point restraint 
systems requiring dynamic testing. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
these design features. 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: This action is effective on Boeing on August 3, 2016. We must 
receive your comments by September 19, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-5909 
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/ 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: Jeff Gardlin, FAA, Airframe and Cabin 
Safety branch, ANM-115, Transport

[[Page 51082]]

Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue 
SW., Renton, Washington 98057-3356; telephone 425-227-2136; facsimile 
425-227-1320.

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 
airplane.
    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 January 29, 2016, Boeing applied for a change to type 
certificate no. T00021SE to install single-occupant oblique (side-
facing) seats with inflatable and 3-point restraint systems in the 
Model 787-9 airplane.
    This airplane is a twin-engine transport-category airplane. It has 
a 420-passenger capacity and a maximum takeoff weight of 553,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR), 21.101, Boeing must show that the Model 787-9 airplane meets the 
applicable provisions of the regulations listed in type certificate no. 
T00021SE, 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 787-9 airplane because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model 787-9 airplane must comply with the fuel-vent and 
exhaust-emission requirements of 14 CFR part 34 and the noise-
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Model 787-9 airplane will incorporate the following novel or 
unusual design features:
    Single-occupant oblique (side-facing) seats with inflatable and 3-
point restraint systems requiring dynamic testing.

Discussion

    Amendment 25-15 to part 25, dated October 24, 1967, introduced the 
subject of side-facing seats and a requirement that each occupant in a 
side-facing seat must be protected from head injury by a safety belt 
and a cushioned rest that will support the arms, shoulders, head, and 
spine.
    Subsequently, Amendment 25-20, dated April 23, 1969, clarified the 
definition of side-facing seats to require that each occupant of a seat 
that is positioned at more than an 18-degree angle to the vertical 
plane containing the airplane centerline must be protected from head 
injury by a safety belt and an energy-absorbing rest that supports the 
arms, shoulders, head, and spine; or by a safety belt and shoulder 
harness that prevents the head from contacting injurious objects. The 
FAA concluded that a maximum 18-degree angle would provide an adequate 
level of safety based on tests that were performed at the time, and 
thus adopted that standard.
    Amendment 25-64, dated June 16, 1988, revised the emergency-landing 
conditions that must be considered in the design of the airplane. It 
revised the static-load conditions in 14 CFR 25.561 and added a new 
Sec.  25.562, requiring dynamic testing for all seats approved for 
occupancy during takeoff and landing. The intent was to provide an 
improved level of safety for occupants on transport-category airplanes. 
Because most seating on transport-category airplanes is forward-facing, 
the pass/fail criteria developed in Amendment 25-64 focused primarily 
on forward-facing seats. Therefore, the testing specified in the rule 
did not provide a complete measure of occupant injury in seats that are 
not forward-facing; although Sec.  25.785 does require that occupants 
of all seats that are occupied during taxi, takeoff, and landing not 
suffer serious injury as a result of the inertia forces specified in 
Sec. Sec.  25.561 and 25.562.
    To address recent research findings and accommodate commercial 
demand, the FAA developed a methodology to address all fully side-
facing seats (i.e., seats oriented in the airplane with the occupant 
facing 90-degrees to the direction of airplane travel) and has 
documented those requirements in a set of proposed new special 
conditions. The FAA issued policy statement PS-ANM-25-03-R1 on November 
12, 2012, titled, ``Technical Criteria for Approving Side-Facing 
Seats,'' which conveys the injury criteria to be used in the special 
conditions. Some of those criteria are applicable to oblique seats but 
others are not, because the motion of an occupant in an oblique seat is 
different from the motion of an occupant in a fully side-facing seat 
during emergency landing conditions.
    For shallower installation angles, the FAA has granted equivalent 
level of safety (ELOS) findings for oblique seat installations on the 
premise that an occupant's kinematics in an oblique seat during a 
forward impact would result in the body aligning with the impact 
direction. We predicted that the occupant response would be similar to 
an occupant of a forward-facing seat, and would produce a level of 
safety equivalent to that of a forward-facing seat. These ELOS findings 
were subject to many conditions that reflected the injury-evaluation 
criteria and mitigation strategies available at the time of issuance of 
the ELOS. However, review of dynamic test results for many of these 
oblique seat installations raised concerns that the premise was not 
correct. Potential injury mechanisms exist that are unique to oblique 
seats and are not mitigated by the ELOS self-alignment approach even if 
the occupant appears to respond similarly to a forward-facing seat.
    The proposed Model 787 airplane oblique business-class seat 
installations are novel such that the current Model 787 airplane 
certification basis does not adequately address occupant protection 
expectations with regard to the occupant's neck and spine for seat 
configurations that are oriented at an angle greater than 18-degrees 
from the airplane centerline. The FAA has previously issued special 
conditions no. 25-580-SC for the 787, which reflected the best 
available criteria at the time. However, as the FAA continues research 
into the injury mechanisms associated with obliquely oriented seats and 
the means to measure those injuries, the criteria evolve. These special 
conditions

[[Page 51083]]

therefore reflect refinements beyond special conditions no. 25-580-SC, 
and that incorporate the knowledge gained from research. The intent of 
the special conditions is unchanged. 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.
    Boeing proposes to install on Model 787-9 airplanes 3-point 
restraint systems and airbag devices as a means to protect each 
occupant from serious injury in the event of an emergency landing, as 
required by Sec.  25.562(c)(5). Shoulder harnesses have been widely 
used on attendant seats, flight-deck seats, business jets, and general-
aviation airplanes to reduce occupant head injury in the unlikely event 
of an emergency landing. A passenger-seat 3-point restraint system is 
defined as a safety belt (pelvic restraint), a single-belt shoulder 
harness, and the seat structure associated with the harness attachment 
points. The 3-point restraint system is intended to protect the 
occupant from serious injury, and the means of protection must take 
into consideration a range of occupant stature, ranging from a 2-year 
old child to a 95th percentile male, in addition to the oblique seat 
orientation. The use of 3- point restraint systems on transport-
category airplane passenger seats is rare; however, existing 
regulations provide an adequate safety standard for these 
installations. The FAA has issued advisory material on acceptable means 
of compliance for combined shoulder-harness and safety-belt restraint 
systems, such as the 3-point restraint system.
    Inflatable airbag devices are designed to limit occupant forward 
excursion in the event of an accident. This will reduce the potential 
for head injury, thereby reducing the head injury criteria (HIC) 
measurement. While inflatable airbags are now standard in the 
automotive industry, the use of an inflatable airbag device is novel 
for commercial aviation. Special conditions exist for airbags installed 
on seat belts, known as inflatable lapbelts, which have been installed 
on Boeing passenger seats. The FAA has also issued special conditions 
for structure-mounted airbags on the Model 787-9 that are similar to 
those for inflatable lapbelts, but that account for the differences 
between the two types of airbag installations.

Applicability

    These special conditions are applicable to the following Boeing 
Model 787-9 airplanes: AAL ZB 446 (Project PS15-0762), AMX ZB 676 
(Project PS15-0588), XIA ZB 812 (Project PS16-0060), and JAL ZB 424 
(Project PS15-0723).

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability.
    The substance of these special conditions has been subject to the 
public-comment process in several prior instances with no substantive 
comments received. Therefore, because a delay would significantly 
affect the certification of the airplane, 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 Boeing Model 787-9 airplanes.
    In addition to the requirements of Sec.  25.562:

1. Head-Injury Criteria

    Compliance with Sec.  25.562(c)(5) is required, except that, if the 
anthropomorphic test device (ATD) has no apparent contact with the 
seat/structure but has contact with an airbag, a HIC unlimited score in 
excess of 1000 is acceptable, provided the HIC15 score (calculated in 
accordance with 49 CFR 571.208) for that contact is less than 700.

2. Body-to-Wall/Furnishing Contact

    If a seat is installed aft of structure (e.g. interior wall or 
furnishings) that does not provide a homogenous contact surface for the 
expected range of occupants and yaw angles, then additional analysis 
and/or tests may be required to demonstrate that the injury criteria 
are met for the area which an occupant could contact. For example, if 
an airbag device is present, different yaw angles could result in 
different airbag-device performance, and additional analysis or 
separate tests may be necessary to evaluate performance.

3. Neck Injury Criteria

    The seating system must protect the occupant from experiencing 
serious neck injury. If an airbag device is present, the assessment of 
neck injury must be conducted with the airbag device activated, unless 
there is reason to also consider that the neck-injury potential would 
be higher for impacts below the airbag-device deployment threshold.
    a. The Nij (calculated in accordance with 49 CFR 
571.208) must be below 1.0, where Nij = Fz/
Fzc + My/Myc, and Nij 
critical values are:

i. Fzc = 1530 lb for tension
ii. Fzc = 1385 lb for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension

    b. In addition, peak upper-neck Fz must be below 937 lb 
of tension and 899 lb of compression.
    c. Rotation of the head about its vertical axis, relative to the 
torso, is limited to 105 degrees in either direction from forward-
facing.
    d. The neck must not impact any surface that would produce 
concentrated loading on the neck.

4. Spine and Torso Injury Criteria

    a. The lumbar spine tension (Fz) cannot exceed 1200 lb.
    b. Significant concentrated loading on the occupant's spine, in the 
area between the pelvis and shoulders during impact, including rebound, 
is not acceptable. During this type of contact, the interval for any 
rearward (X direction) acceleration exceeding 20g must be less than 3 
milliseconds as measured by the thoracic instrumentation specified in 
49 CFR part 572, subpart E, filtered in accordance with SAE 
International (SAE) J211-1.
    c. The occupant must not interact with the armrest or other seat 
components in any manner significantly different than would be expected 
for a forward-facing seat installation.

5. Pelvis Criteria

    Any part of the load-bearing portion of the bottom of the ATD 
pelvis must not translate beyond the edges of the seat bottom seat-
cushion supporting structure.

6. Femur Criteria

    Axial rotation of the upper leg (about the z-axis of the femur per 
SAE Recommended Practice J211-1) must be limited to 35 degrees from the 
nominal

[[Page 51084]]

seated position. Evaluation during rebound does not need to be 
considered.

7. ATD and Test Conditions

    Longitudinal tests conducted to measure the injury criteria above 
must be performed with the FAA Hybrid III ATD, as described in SAE 
1999-01-1609. The tests must be conducted with an undeformed floor, at 
the most-critical yaw cases for injury, and with all lateral structural 
supports (e.g., armrests or walls) installed.

Structure-Mounted Airbag and Inflatable Lapbelt Special Conditions

    When present, the structure-mounted airbag device must meet special 
conditions no. 25-605-SC, ``Boeing Model 787-9 Airplane; Structure-
Mounted Airbags.'' When present, the inflatable lapbelt(s) must meet 
special conditions no. 25-431-SC, ``Boeing Model 787 Series Airplanes; 
Seats with Inflatable Lapbelts.''

    Note:  As indicated in the special conditions above, airbags and 
inflatable lapbelts must be shown to not affect emergency-egress 
capabilities in the main aisle, cross-aisle, and passageway.


    Issued in Renton, Washington, on July 27, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18449 Filed 8-2-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations                                                            51081

                                                TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
                                                                                   AFTER AUGUST 5, 2016—Continued
                                                                                                                                                                                Maximum penalty
                                                                                                                                                      New or adjusted           amount when last      New or adjusted
                                              United States Code                                                        Minimum penalty
                                                                         Civil monetary penalty description                                              minimum                 established or       maximum penalty
                                                    citation                                                                amount                    penalty amount              adjusted by             amount
                                                                                                                                                                                   Congress

                                             49 U.S.C.              Violation by an individual or small                N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(B)(iii).   business concern of 49 U.S.C.                                                                               tion, established
                                                                      44718(d), relating to limitation on                                                                         12/12/2003.
                                                                      construction or establishment of
                                                                      landfills.
                                             49 U.S.C.              Violation by an individual or small                N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(B)(iv).    business concern of 49 U.S.C.                                                                               tion, established
                                                                      44725, relating to the safe disposal                                                                        12/12/2003.
                                                                      of life-limited aircraft parts.
                                             49 U.S.C. 46301(b) Tampering with a smoke alarm device                    N/A ........................   N/A ...................   $2,000 per viola-     $4,126.
                                                                                                                                                                                  tion, established
                                                                                                                                                                                  12/22/1987.
                                             49 U.S.C. 46302 ....     Knowingly providing false information            N/A ........................   N/A ...................   $10,000 per viola-    $22,587.
                                                                         about alleged violation involving the                                                                    tion, established
                                                                         special aircraft jurisdiction of the                                                                     10/12/1984.
                                                                         United States.
                                             49 U.S.C. 46318 ....     Interference with cabin or flight crew ..        N/A ........................   N/A ...................   $25,000, estab-       $34,172.
                                                                                                                                                                                  lished 4/5/2000.
                                             49 U.S.C. 46319 ....     Permanent closure of an airport with-            N/A ........................   N/A ...................   $10,000 per day,      $12,856.
                                                                        out providing sufficient notice.                                                                          established 12/
                                                                                                                                                                                  12/2003.
                                             49 U.S.C. 47531 ....     Violation of 49 U.S.C. 47528–47530,              N/A ........................   N/A ...................   See 49 U.S.C.         No change.
                                                                        relating to the prohibition of oper-                                                                      46301(a)(1)(A)
                                                                        ating certain aircraft not complying                                                                      and (a)(5),
                                                                        with stage 3 noise levels.                                                                                above.



                                               Issued under authority provided by 28                 technology envisioned in the                                       Avenue SE., Washington, DC, between 9
                                             U.S.C. 2461 and 49 U.S.C. 106(f), 44701(a),             airworthiness standards for transport-                             a.m. and 5 p.m., Monday through
                                             and 46301 in Washington, DC, on July 26,                category airplanes. These design                                   Friday, except Federal holidays.
                                             2016.                                                   features are single-occupant oblique                                 • Fax: Fax comments to Docket
                                             Lirio Liu,                                              (side-facing) seats with inflatable and 3-                         Operations at 202–493–2251.
                                             Director, Office of Rulemaking.                         point restraint systems requiring                                     Privacy: The FAA will post all
                                             [FR Doc. 2016–18514 Filed 8–2–16; 8:45 am]              dynamic testing. The applicable                                    comments it receives, without change,
                                             BILLING CODE 4910–13–P                                  airworthiness regulations do not contain                           to http://www.regulations.gov/,
                                                                                                     adequate or appropriate safety standards                           including any personal information the
                                                                                                     for these design features. These special                           commenter provides. Using the search
                                             DEPARTMENT OF TRANSPORTATION                            conditions contain the additional safety                           function of the docket Web site, anyone
                                                                                                     standards that the Administrator                                   can find and read the electronic form of
                                             Federal Aviation Administration                         considers necessary to establish a level                           all comments received into any FAA
                                                                                                     of safety equivalent to that established                           docket, including the name of the
                                             14 CFR Part 25                                          by the existing airworthiness standards.                           individual sending the comment (or
                                             [Docket No. FAA–2016–5909; Special                      DATES: This action is effective on Boeing                          signing the comment for an association,
                                             Conditions No. 25–626–SC]                               on August 3, 2016. We must receive                                 business, labor union, etc.). DOT’s
                                                                                                     your comments by September 19, 2016.                               complete Privacy Act Statement can be
                                             Special Conditions: The Boeing                                                                                             found in the Federal Register published
                                                                                                     ADDRESSES: Send comments identified
                                             Company Model 787–9 Series Airplane;                                                                                       on April 11, 2000 (65 FR 19477–19478),
                                             Dynamic Test Requirements for Single-                   by docket number FAA–2016–5909
                                                                                                     using any of the following methods:                                as well as at http://DocketsInfo.dot.
                                             Occupant Oblique (Side-Facing) Seats                                                                                       gov/.
                                             With Inflatable and 3-Point Restraint                      • Federal eRegulations Portal: Go to
                                                                                                     http://www.regulations.gov/and follow                                 Docket: Background documents or
                                             Systems                                                                                                                    comments received may be read at
                                                                                                     the online instructions for sending your
                                             AGENCY:  Federal Aviation                               comments electronically.                                           http://www.regulations.gov/ at any time.
                                             Administration (FAA), DOT.                                 • Mail: Send comments to Docket                                 Follow the online instructions for
                                                                                                     Operations, M–30, U.S. Department of                               accessing the docket or go to Docket
                                             ACTION: Final special conditions; request
                                                                                                     Transportation (DOT), 1200 New Jersey                              Operations in Room W12–140 of the
                                             for comments.
                                                                                                     Avenue SE., Room W12–140, West                                     West Building Ground Floor at 1200
rmajette on DSK2TPTVN1PROD with RULES




                                             SUMMARY:   These special conditions are                 Building Ground Floor, Washington, DC                              New Jersey Avenue SE., Washington,
                                             issued for The Boeing Company                           20590–0001.                                                        DC, between 9 a.m. and 5 p.m., Monday
                                             (Boeing) Model 787–9 series airplane.                      • Hand Delivery or Courier: Take                                through Friday, except Federal holidays.
                                             This airplane, as modified by Boeing,                   comments to Docket Operations in                                   FOR FURTHER INFORMATION CONTACT: Jeff
                                             will have novel or unusual design                       Room W12–140 of the West Building                                  Gardlin, FAA, Airframe and Cabin
                                             features when compared to the state of                  Ground Floor at 1200 New Jersey                                    Safety branch, ANM–115, Transport


                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00007    Fmt 4700      Sfmt 4700       E:\FR\FM\03AUR1.SGM        03AUR1


                                             51082            Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

                                             Airplane Directorate, Aircraft                            In addition to the applicable                       all seats that are occupied during taxi,
                                             Certification Service, 1601 Lind Avenue                 airworthiness regulations and special                 takeoff, and landing not suffer serious
                                             SW., Renton, Washington 98057–3356;                     conditions, the Model 787–9 airplane                  injury as a result of the inertia forces
                                             telephone 425–227–2136; facsimile                       must comply with the fuel-vent and                    specified in §§ 25.561 and 25.562.
                                             425–227–1320.                                           exhaust-emission requirements of 14                      To address recent research findings
                                             SUPPLEMENTARY INFORMATION: The FAA                      CFR part 34 and the noise-certification               and accommodate commercial demand,
                                             has determined that notice of, and                      requirements of 14 CFR part 36.                       the FAA developed a methodology to
                                             opportunity for prior public comment                      The FAA issues special conditions, as               address all fully side-facing seats (i.e.,
                                             on, these special conditions is                         defined in 14 CFR 11.19, in accordance                seats oriented in the airplane with the
                                             impracticable because these procedures                  with § 11.38, and they become part of                 occupant facing 90-degrees to the
                                             would significantly delay issuance of                   the type certification basis under                    direction of airplane travel) and has
                                             the design approval and thus delivery of                § 21.101.                                             documented those requirements in a set
                                             the affected airplane.                                                                                        of proposed new special conditions. The
                                                                                                     Novel or Unusual Design Features
                                                                                                                                                           FAA issued policy statement PS–ANM–
                                                In addition, the substance of these                    The Model 787–9 airplane will                       25–03–R1 on November 12, 2012, titled,
                                             special conditions has been subject to                  incorporate the following novel or                    ‘‘Technical Criteria for Approving Side-
                                             the public comment process in several                   unusual design features:                              Facing Seats,’’ which conveys the injury
                                             prior instances with no substantive                       Single-occupant oblique (side-facing)               criteria to be used in the special
                                             comments received. The FAA therefore                    seats with inflatable and 3-point                     conditions. Some of those criteria are
                                             finds that good cause exists for making                 restraint systems requiring dynamic                   applicable to oblique seats but others
                                             these special conditions effective upon                 testing.                                              are not, because the motion of an
                                             publication in the Federal Register.                                                                          occupant in an oblique seat is different
                                                                                                     Discussion
                                             Comments Invited                                                                                              from the motion of an occupant in a
                                                                                                        Amendment 25–15 to part 25, dated                  fully side-facing seat during emergency
                                               We invite interested people to take                   October 24, 1967, introduced the subject              landing conditions.
                                             part in this rulemaking by sending                      of side-facing seats and a requirement                   For shallower installation angles, the
                                             written comments, data, or views. The                   that each occupant in a side-facing seat              FAA has granted equivalent level of
                                             most helpful comments reference a                       must be protected from head injury by                 safety (ELOS) findings for oblique seat
                                             specific portion of the special                         a safety belt and a cushioned rest that               installations on the premise that an
                                             conditions, explain the reason for any                  will support the arms, shoulders, head,               occupant’s kinematics in an oblique seat
                                             recommended change, and include                         and spine.                                            during a forward impact would result in
                                             supporting data.                                           Subsequently, Amendment 25–20,                     the body aligning with the impact
                                               We will consider all comments we                      dated April 23, 1969, clarified the                   direction. We predicted that the
                                             receive by the closing date for                         definition of side-facing seats to require            occupant response would be similar to
                                             comments. We may change these special                   that each occupant of a seat that is                  an occupant of a forward-facing seat,
                                             conditions based on the comments we                     positioned at more than an 18-degree                  and would produce a level of safety
                                             receive.                                                angle to the vertical plane containing                equivalent to that of a forward-facing
                                                                                                     the airplane centerline must be                       seat. These ELOS findings were subject
                                             Background
                                                                                                     protected from head injury by a safety                to many conditions that reflected the
                                                On January 29, 2016, Boeing applied                  belt and an energy-absorbing rest that                injury-evaluation criteria and mitigation
                                             for a change to type certificate no.                    supports the arms, shoulders, head, and               strategies available at the time of
                                             T00021SE to install single-occupant                     spine; or by a safety belt and shoulder               issuance of the ELOS. However, review
                                             oblique (side-facing) seats with                        harness that prevents the head from                   of dynamic test results for many of these
                                             inflatable and 3-point restraint systems                contacting injurious objects. The FAA                 oblique seat installations raised
                                             in the Model 787–9 airplane.                            concluded that a maximum 18-degree                    concerns that the premise was not
                                                This airplane is a twin-engine                       angle would provide an adequate level                 correct. Potential injury mechanisms
                                             transport-category airplane. It has a 420-              of safety based on tests that were                    exist that are unique to oblique seats
                                             passenger capacity and a maximum                        performed at the time, and thus adopted               and are not mitigated by the ELOS self-
                                             takeoff weight of 553,000 lbs.                          that standard.                                        alignment approach even if the
                                                                                                        Amendment 25–64, dated June 16,                    occupant appears to respond similarly
                                             Type Certification Basis
                                                                                                     1988, revised the emergency-landing                   to a forward-facing seat.
                                                Under the provisions of title 14, Code               conditions that must be considered in                    The proposed Model 787 airplane
                                             of Federal Regulations (14 CFR), 21.101,                the design of the airplane. It revised the            oblique business-class seat installations
                                             Boeing must show that the Model 787–                    static-load conditions in 14 CFR 25.561               are novel such that the current Model
                                             9 airplane meets the applicable                         and added a new § 25.562, requiring                   787 airplane certification basis does not
                                             provisions of the regulations listed in                 dynamic testing for all seats approved                adequately address occupant protection
                                             type certificate no. T00021SE, or the                   for occupancy during takeoff and                      expectations with regard to the
                                             applicable regulations in effect on the                 landing. The intent was to provide an                 occupant’s neck and spine for seat
                                             date of application for the change,                     improved level of safety for occupants                configurations that are oriented at an
                                             except for earlier amendments as agreed                 on transport-category airplanes. Because              angle greater than 18-degrees from the
                                             upon by the FAA.                                        most seating on transport-category                    airplane centerline. The FAA has
                                                If the Administrator finds that the                  airplanes is forward-facing, the pass/fail            previously issued special conditions no.
                                             applicable airworthiness regulations                    criteria developed in Amendment 25–64                 25–580–SC for the 787, which reflected
rmajette on DSK2TPTVN1PROD with RULES




                                             (i.e., 14 CFR part 25) do not contain                   focused primarily on forward-facing                   the best available criteria at the time.
                                             adequate or appropriate safety standards                seats. Therefore, the testing specified in            However, as the FAA continues research
                                             for the Model 787–9 airplane because of                 the rule did not provide a complete                   into the injury mechanisms associated
                                             a novel or unusual design feature,                      measure of occupant injury in seats that              with obliquely oriented seats and the
                                             special conditions are prescribed under                 are not forward-facing; although                      means to measure those injuries, the
                                             the provisions of § 21.16.                              § 25.785 does require that occupants of               criteria evolve. These special conditions


                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1


                                                              Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations                                        51083

                                             therefore reflect refinements beyond                    (Project PS15–0762), AMX ZB 676                       yaw angles could result in different
                                             special conditions no. 25–580–SC, and                   (Project PS15–0588), XIA ZB 812                       airbag-device performance, and
                                             that incorporate the knowledge gained                   (Project PS16–0060), and JAL ZB 424                   additional analysis or separate tests may
                                             from research. The intent of the special                (Project PS15–0723).                                  be necessary to evaluate performance.
                                             conditions is unchanged. These special
                                                                                                     Conclusion                                            3. Neck Injury Criteria
                                             conditions contain the additional safety
                                             standards that the Administrator                          This action affects only certain novel                 The seating system must protect the
                                             considers necessary to establish a level                or unusual design features on one model               occupant from experiencing serious
                                             of safety equivalent to that established                of airplanes. It is not a rule of general             neck injury. If an airbag device is
                                             by the existing airworthiness standards.                applicability.                                        present, the assessment of neck injury
                                                Boeing proposes to install on Model                    The substance of these special                      must be conducted with the airbag
                                             787–9 airplanes 3-point restraint                       conditions has been subject to the                    device activated, unless there is reason
                                             systems and airbag devices as a means                   public-comment process in several prior               to also consider that the neck-injury
                                             to protect each occupant from serious                   instances with no substantive comments                potential would be higher for impacts
                                             injury in the event of an emergency                     received. Therefore, because a delay                  below the airbag-device deployment
                                             landing, as required by § 25.562(c)(5).                 would significantly affect the                        threshold.
                                             Shoulder harnesses have been widely                     certification of the airplane, the FAA                   a. The Nij (calculated in accordance
                                             used on attendant seats, flight-deck                    has determined that prior public notice               with 49 CFR 571.208) must be below
                                             seats, business jets, and general-aviation              and comment are unnecessary and                       1.0, where Nij = Fz/Fzc + My/Myc, and Nij
                                             airplanes to reduce occupant head                       impracticable, and good cause exists for              critical values are:
                                             injury in the unlikely event of an                      adopting these special conditions upon                i. Fzc = 1530 lb for tension
                                             emergency landing. A passenger-seat 3-                  publication in the Federal Register. The              ii. Fzc = 1385 lb for compression
                                             point restraint system is defined as a                  FAA is requesting comments to allow                   iii. Myc = 229 lb-ft in flexion
                                             safety belt (pelvic restraint), a single-belt           interested persons to submit views that               iv. Myc = 100 lb-ft in extension
                                             shoulder harness, and the seat structure                may not have been submitted in                           b. In addition, peak upper-neck Fz
                                             associated with the harness attachment                  response to the prior opportunities for               must be below 937 lb of tension and 899
                                             points. The 3-point restraint system is                 comment described above.                              lb of compression.
                                             intended to protect the occupant from                                                                            c. Rotation of the head about its
                                             serious injury, and the means of                        List of Subjects in 14 CFR Part 25
                                                                                                                                                           vertical axis, relative to the torso, is
                                             protection must take into consideration                   Aircraft, Aviation safety, Reporting                limited to 105 degrees in either
                                             a range of occupant stature, ranging                    and recordkeeping requirements.                       direction from forward-facing.
                                             from a 2-year old child to a 95th                         The authority citation for these                       d. The neck must not impact any
                                             percentile male, in addition to the                     special conditions is as follows:                     surface that would produce
                                             oblique seat orientation. The use of 3-                   Authority: 49 U.S.C. 106(g), 40113, 44701,          concentrated loading on the neck.
                                             point restraint systems on transport-                   44702, 44704.
                                             category airplane passenger seats is rare;                                                                    4. Spine and Torso Injury Criteria
                                             however, existing regulations provide                   The Special Conditions                                   a. The lumbar spine tension (Fz)
                                             an adequate safety standard for these                     Accordingly, pursuant to the                        cannot exceed 1200 lb.
                                             installations. The FAA has issued                       authority delegated to me by the                         b. Significant concentrated loading on
                                             advisory material on acceptable means                   Administrator, the following special                  the occupant’s spine, in the area
                                             of compliance for combined shoulder-                    conditions are issued as part of the type             between the pelvis and shoulders
                                             harness and safety-belt restraint                       certification basis for Boeing Model                  during impact, including rebound, is
                                             systems, such as the 3-point restraint                  787–9 airplanes.                                      not acceptable. During this type of
                                             system.                                                   In addition to the requirements of                  contact, the interval for any rearward (X
                                                Inflatable airbag devices are designed               § 25.562:                                             direction) acceleration exceeding 20g
                                             to limit occupant forward excursion in                                                                        must be less than 3 milliseconds as
                                             the event of an accident. This will                     1. Head-Injury Criteria
                                                                                                                                                           measured by the thoracic
                                             reduce the potential for head injury,                      Compliance with § 25.562(c)(5) is                  instrumentation specified in 49 CFR
                                             thereby reducing the head injury criteria               required, except that, if the                         part 572, subpart E, filtered in
                                             (HIC) measurement. While inflatable                     anthropomorphic test device (ATD) has                 accordance with SAE International
                                             airbags are now standard in the                         no apparent contact with the seat/                    (SAE) J211–1.
                                             automotive industry, the use of an                      structure but has contact with an airbag,                c. The occupant must not interact
                                             inflatable airbag device is novel for                   a HIC unlimited score in excess of 1000               with the armrest or other seat
                                             commercial aviation. Special conditions                 is acceptable, provided the HIC15 score               components in any manner significantly
                                             exist for airbags installed on seat belts,              (calculated in accordance with 49 CFR                 different than would be expected for a
                                             known as inflatable lapbelts, which                     571.208) for that contact is less than                forward-facing seat installation.
                                             have been installed on Boeing passenger                 700.
                                             seats. The FAA has also issued special                                                                        5. Pelvis Criteria
                                                                                                     2. Body-to-Wall/Furnishing Contact
                                             conditions for structure-mounted                                                                                 Any part of the load-bearing portion
                                             airbags on the Model 787–9 that are                        If a seat is installed aft of structure            of the bottom of the ATD pelvis must
                                             similar to those for inflatable lapbelts,               (e.g. interior wall or furnishings) that              not translate beyond the edges of the
                                             but that account for the differences                    does not provide a homogenous contact                 seat bottom seat-cushion supporting
                                                                                                     surface for the expected range of
rmajette on DSK2TPTVN1PROD with RULES




                                             between the two types of airbag                                                                               structure.
                                             installations.                                          occupants and yaw angles, then
                                                                                                     additional analysis and/or tests may be               6. Femur Criteria
                                             Applicability                                           required to demonstrate that the injury                  Axial rotation of the upper leg (about
                                               These special conditions are                          criteria are met for the area which an                the z-axis of the femur per SAE
                                             applicable to the following Boeing                      occupant could contact. For example, if               Recommended Practice J211–1) must be
                                             Model 787–9 airplanes: AAL ZB 446                       an airbag device is present, different                limited to 35 degrees from the nominal


                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1


                                             51084            Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

                                             seated position. Evaluation during                      installed at an angle of greater than 18              Renton, Washington 98057–3356;
                                             rebound does not need to be considered.                 degrees, but substantially less than 90               telephone 425–227–2785; facsimile
                                                                                                     degrees, to the vertical plane containing             425–227–1149.
                                             7. ATD and Test Conditions
                                                                                                     the centerline of the airplane, nor for               SUPPLEMENTARY INFORMATION: The FAA
                                                Longitudinal tests conducted to                      inflatable restraints or related airbag               has determined that notice of, and
                                             measure the injury criteria above must                  devices. These special conditions                     opportunity for prior public comment
                                             be performed with the FAA Hybrid III                    contain the additional safety standards               on, these special conditions are
                                             ATD, as described in SAE 1999–01–                       that the Administrator considers                      impracticable because these procedures
                                             1609. The tests must be conducted with                  necessary to establish a level of safety              would significantly delay issuance of
                                             an undeformed floor, at the most-critical               equivalent to that established by the                 the design approval and thus delivery of
                                             yaw cases for injury, and with all lateral              existing airworthiness standards.                     the affected airplane. In addition, the
                                             structural supports (e.g., armrests or                  DATES: This action is effective on Boeing             substance of these special conditions
                                             walls) installed.                                       on August 3, 2016. We must receive                    has been subject to the public-comment
                                             Structure-Mounted Airbag and                            your comments by September 19, 2016.                  process in several prior instances with
                                             Inflatable Lapbelt Special Conditions                   ADDRESSES: Send comments identified                   no substantive comments received.
                                                                                                     by docket number FAA–2016–4136                           The FAA therefore finds that good
                                               When present, the structure-mounted                                                                         cause exists for making these special
                                                                                                     using any of the following methods:
                                             airbag device must meet special                           • Federal eRegulations Portal: Go to                conditions effective upon publication in
                                             conditions no. 25–605–SC, ‘‘Boeing                      http://www.regulations.gov/ and follow                the Federal Register.
                                             Model 787–9 Airplane; Structure-                        the online instructions for sending your
                                             Mounted Airbags.’’ When present, the                                                                          Comments Invited
                                                                                                     comments electronically.
                                             inflatable lapbelt(s) must meet special                   • Mail: Send comments to Docket                       We invite interested people to take
                                             conditions no. 25–431–SC, ‘‘Boeing                      Operations, M–30, U.S. Department of                  part in this rulemaking by sending
                                             Model 787 Series Airplanes; Seats with                  Transportation (DOT), 1200 New Jersey                 written comments, data, or views. The
                                             Inflatable Lapbelts.’’                                  Avenue SE., Room W12–140, West                        most helpful comments reference a
                                               Note: As indicated in the special                     Building Ground Floor, Washington, DC                 specific portion of the special
                                             conditions above, airbags and inflatable                20590–0001.                                           conditions, explain the reason for any
                                             lapbelts must be shown to not affect                      • Hand Delivery or Courier: Take                    recommended change, and include
                                             emergency-egress capabilities in the main               comments to Docket Operations in                      supporting data.
                                             aisle, cross-aisle, and passageway.                                                                             We will consider all comments we
                                                                                                     Room W12–140 of the West Building
                                                                                                                                                           receive by the closing date for
                                               Issued in Renton, Washington, on July 27,             Ground Floor at 1200 New Jersey
                                                                                                                                                           comments. We may change these special
                                             2016.                                                   Avenue SE., Washington, DC, between 9
                                                                                                                                                           conditions based on the comments we
                                             Victor Wicklund,                                        a.m. and 5 p.m., Monday through
                                                                                                                                                           receive.
                                             Acting Manager, Transport Airplane                      Friday, except Federal holidays.
                                             Directorate, Aircraft Certification Service.              • Fax: Fax comments to Docket                       Background
                                             [FR Doc. 2016–18449 Filed 8–2–16; 8:45 am]
                                                                                                     Operations at 202–493–2251.                             On December 24, 2015, Boeing
                                                                                                        Privacy: The FAA will post all                     Commercial Airplanes applied for a
                                             BILLING CODE 4910–13–P
                                                                                                     comments it receives, without change,                 design change to type certificate no.
                                                                                                     to http://www.regulations.gov/,                       T00001SE for single-occupant seats
                                             DEPARTMENT OF TRANSPORTATION                            including any personal information the                installed at an oblique angle to the
                                                                                                     commenter provides. Using the search                  vertical plane containing the centerline
                                             Federal Aviation Administration                         function of the docket Web site, anyone               of the airplane, and equipped with
                                                                                                     can find and read the electronic form of              inflatable lapbelts, in the Boeing Model
                                             14 CFR Part 25                                          all comments received into any FAA                    777–300ER airplane. The Model 777–
                                                                                                     docket, including the name of the                     300ER airplane is a wide body, swept
                                             [Docket No. FAA–2016–4136; Special                      individual sending the comment (or
                                             Conditions No. 25–621–SC]                                                                                     wing, conventional tail, twin-engine,
                                                                                                     signing the comment for an association,               turbofan-powered, transport-category
                                             Special Conditions: The Boeing                          business, labor union, etc.). DOT’s                   airplane.
                                             Company Model 777–300ER Airplanes;                      complete Privacy Act Statement can be
                                                                                                     found in the Federal Register published               Type Certification Basis
                                             Dynamic Test Requirements for Single-
                                             Occupant Oblique (Side-Facing) Seats                    on April 11, 2000 (65 FR 19477–19478),                   The type certification basis for the
                                             with Inflatable Restraints                              as well as at http://DocketsInfo.                     Model 777–300ER airplane is 14 CFR
                                                                                                     dot.gov/.                                             part 25, effective February 1, 1965, as
                                             AGENCY:  Federal Aviation                                  Docket: Background documents or                    amended by Amendments 25–1 through
                                             Administration (FAA), DOT.                              comments received may be read at                      25–98, including special conditions 25–
                                             ACTION: Final special conditions; request
                                                                                                     http://www.regulations.gov/ at any time.              295–SC, 25–187A–SC, and 25–569–SC.
                                             for comments.                                           Follow the online instructions for                    In addition, the certification basis
                                                                                                     accessing the docket or go to Docket                  includes certain special conditions,
                                             SUMMARY:   These special conditions are                 Operations in Room W12–140 of the                     exemptions, or later amended sections
                                             issued to The Boeing Company (Boeing)                   West Building Ground Floor at 1200                    of the applicable part that are not
                                             for their Model 777–300ER airplane.                     New Jersey Avenue SE., Washington,                    relevant to these proposed special
                                             This airplane has novel or unusual                      DC, between 9 a.m. and 5 p.m., Monday
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                                                                           conditions.
                                             design features associated with single-                 through Friday, except Federal holidays.                 If the Administrator finds that the
                                             occupant oblique (side-facing) seats                    FOR FURTHER INFORMATION CONTACT: John                 applicable airworthiness regulations
                                             equipped with inflatable restraints. The                Shelden, Airframe and Cabin Safety,                   (i.e., 14 CFR part 25) do not contain
                                             applicable airworthiness regulations do                 ANM–115, Transport Airplane                           adequate or appropriate safety standards
                                             not contain adequate or appropriate                     Directorate, Aircraft Certification                   for the Boeing Model 777–300ER
                                             safety standards for occupants of seats                 Service, 1601 Lind Avenue SW.,                        airplane because of a novel or unusual


                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1



Document Created: 2016-08-02 23:43:56
Document Modified: 2016-08-02 23:43:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal special conditions; request for comments.
DatesThis action is effective on Boeing on August 3, 2016. We must receive your comments by September 19, 2016.
ContactJeff Gardlin, FAA, Airframe and Cabin Safety branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2136; facsimile 425-227-1320.
FR Citation81 FR 51081 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR