81_FR_67283 81 FR 67093 - Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device

81 FR 67093 - Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range67093-67097
FR Document2016-23564

These special conditions are issued for the installation of an inflatable four-point restraint safety belt with an integrated airbag device at the pilot and copilot seats on the DAHER-SOCATA, Model TBM 700 airplane. These airplanes, as modified by the installation of these inflatable safety belts, will have novel and unusual design features associated with the upper-torso restraint portions of the four-point safety belts, which contain an integrated airbag device. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67093-67097]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23564]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9172; Special Conditions No. 23-276-SC]


Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-
Point Restraint Safety Belt With an Integrated Airbag Device

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 67094]]


ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the installation of an 
inflatable four-point restraint safety belt with an integrated airbag 
device at the pilot and copilot seats on the DAHER-SOCATA, Model TBM 
700 airplane. These airplanes, as modified by the installation of these 
inflatable safety belts, will have novel and unusual design features 
associated with the upper-torso restraint portions of the four-point 
safety belts, which contain an integrated airbag device. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: The effective date of these special conditions is September 30, 
2016. We must receive your comments by October 31, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9172 
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 of 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://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 the 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: Mr. Bob Stegeman, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, MO; telephone 
(816)-329-4140; facsimile (816)-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined, in accordance with 5 
U.S.C. 553(b)(3)(B) and 553(d)(3), that notice and opportunity for 
prior public comment hereon are unnecessary because the substance of 
this special condition 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 issuance.

------------------------------------------------------------------------
         Special condition No.               Company/airplane model
------------------------------------------------------------------------
23-03-01-SC \1\.......................  AMSAFE, Incorporated, Model
                                         CH2000.
23-03-022-SC \2\......................  Goodrich Aircraft Interior
                                         Products, Models AT-401, AT-
                                         402, AT-502, AT-602, and AT-
                                         802.
23-04-01-SC \3\.......................  AMSAFE, Incorporated, Models A1,
                                         A1A, and A1B.
------------------------------------------------------------------------
\1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/A5B140165998E8B586256D66005553C5?OpenDocument&Highlight=inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
\2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/8122AF4A25F6F8BE86256C83005FF817?OpenDocument&Highlight=inflatable%20four-point%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
\3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/262C53C9CF0F4FFF86256F08004F5D26?OpenDocument&Highlight=inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.

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 ask 
that you send us two copies of written comments.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On January 5, 2016, DAHER-SOCATA (SOCATA) applied for FAA 
validation for the optional installation of a four-point safety belt 
restraint system for the pilot and copilot seats and incorporating 
integrated inflatable airbags for both on the Model TBM 700 airplane. 
The Model TBM 700 airplane is a single-engine powering a four bladed 
turbopropellor. It has a maximum takeoff weight of 6578 pounds (2984 
kg). In addition to a pilot and copilot, it can seat up to five 
passengers.
    The inflatable restraint systems are four-point safety belt 
restraint systems consisting of a lap belt and shoulder harness with an 
inflatable airbag attached to the shoulder harness straps. The 
inflatable portion of the restraint system will rely on sensors 
electronically activating the inflator for deployment.
    If an emergency landing occurs, the airbags will inflate and 
provide a protective cushion between the head of the occupant (pilot 
and copilot) and the structure of the airplane. This will reduce the 
potential for head and torso injury. The inflatable restraint behaves 
in a manner similar to an automotive airbag; however, the airbag is 
integrated into the shoulder harness straps. Airbags and inflatable 
restraints are standard in the automotive industry; the use of an 
inflatable restraint system is novel for general aviation.
    The FAA has determined that this project will be accomplished on 
the basis of providing the same level of safety as the current 
certification requirements of airplane occupant restraint systems. The 
FAA has the following two primary safety concerns with the installation 
of airbags or inflatable restraints that--
    1. They perform properly under foreseeable operating conditions; 
and
    2. They do not perform in a manner or at such times as to impede 
the pilot's

[[Page 67095]]

ability to maintain control of the airplane or constitute a hazard to 
the airplane or occupants.
    The latter point has the potential to be the more rigorous of the 
requirements. An unexpected deployment while conducting the takeoff or 
landing phases of flight may result in an unsafe condition. The 
unexpected deployment may either startle the pilot or generate a force 
sufficient to cause a sudden movement of the control yoke. Both actions 
may result in a loss of control of the airplane. The consequences are 
magnified due to the low operating altitudes during these phases of 
flight. The FAA has considered this when establishing these special 
conditions.
    The inflatable restraint system relies on sensors to electronically 
activate the inflator for deployment. These sensors could be 
susceptible to inadvertent activation, causing deployment in a 
potentially unsafe manner. The consequences of an inadvertent 
deployment must be considered in establishing the reliability of the 
system. SOCATA must show that the effects of an inadvertent deployment 
in flight are not a hazard to the airplane and that an inadvertent 
deployment is extremely improbable. In addition, general aviation 
aircraft are susceptible to a large amount of cumulative wear and tear 
on a restraint system. The potential for inadvertent deployment may 
increase as a result of this cumulative damage. Therefore, the impact 
of wear and tear resulting with an inadvertent deployment must be 
considered. The effect of this cumulative damage means duration of life 
expectations must be established for the appropriate system components 
in the restraint system design.
    There are additional factors to be considered to minimize the 
chances of inadvertent deployment. General aviation airplanes are 
exposed to a unique operating environment, since the same airplane may 
be used by both experienced and student pilots. The effect of this 
environment on inadvertent deployment must be understood. Therefore, 
qualification testing of the firing hardware and software must consider 
the following--
    1. The airplane vibration levels appropriate for a general aviation 
airplane; and
    2. The inertial loads that result from typical flight or ground 
maneuvers, including gusts and hard landings.

Any tendency for the firing mechanism to activate as a result of these 
loads or acceleration levels is unacceptable.
    Other influences on inadvertent deployment include High-Intensity 
Radiated Fields (HIRF) and lightning. Since the sensors that trigger 
deployment are electronic, they must be protected from the effects of 
these threats. To comply with HIRF and lightning requirements, the 
inflatable restraint system is considered a critical system, since its 
inadvertent deployment could have a hazardous affect on the airplane.
    Given the level of safety of the occupant restraints currently 
installed, the inflatable restraint system must show that it will offer 
an equivalent level of protection for an emergency landing. If an 
inadvertent deployment occurs, the restraint must still be at least as 
strong as a Technical Standard Order approved belt and shoulder 
harnesses. There is no requirement for the inflatable portion of the 
restraint to offer protection during multiple impacts, where more than 
one impact would require protection.
    Where installed, the inflatable restraint system must deploy and 
provide protection for each occupant under an emergency landing 
condition. The Model TBM 700 airplane seats are certificated to the 
structural requirements of Sec.  23.562; therefore, the test emergency 
landing pulses identified in Sec.  23.562 must be used to satisfy this 
requirement.
    A wide range of occupants may use the inflatable restraint; 
therefore, the protection offered by this restraint should be effective 
for occupants that range from the fifth percentile female to the 
ninety-fifth percentile male. Energy absorption must be performed in a 
consistent manner for this occupant range.
    In support of this operational capability, there must be a means to 
verify the integrity of this system before each flight. SOCATA may 
establish inspection intervals where they have demonstrated the system 
to be reliable between these intervals.
    An inflatable restraint may be armed even though no occupant is 
using the seat. While there will be means to verify the integrity of 
the system before flight, it is also prudent to require unoccupied 
seats with active restraints not pose a hazard to any occupant. This 
will protect any individual performing maintenance inside the cockpit 
while the aircraft is on the ground. The restraint must also provide 
suitable visual warnings that would alert rescue personnel to the 
presence of an inflatable restraint system.
    The design must also prevent the inflatable seatbelt from being 
incorrectly buckled or installed to avoid hindering proper deployment 
of the airbag. SOCATA may show that such deployment is not hazardous to 
the occupant and will still provide the required protection.
    The cabins of the SOCATA, Model TBM 700 airplane identified in 
these special conditions are confined areas, and the FAA is concerned 
that noxious gasses may accumulate if the airbag deploys. When 
deployment occurs, either by design or inadvertently, there must not be 
a release of hazardous quantities of gas or particulate matter into the 
cockpit.
    An inflatable restraint should not increase the risk already 
associated with fire. The inflatable restraint should be protected from 
the effects of fire to avoid creating an additional hazard such as, a 
rupture of the inflator, for example.
    Finally, the airbag is likely to have a large volume displacement, 
and possibly impede the egress of an occupant. Since the bag deflates 
to absorb energy, it is likely that the inflatable restraint would be 
deflated at the time an occupant would attempt egress. However, it is 
appropriate to specify a time interval after which the inflatable 
restraint may not impede rapid egress. Ten seconds has been chosen as 
reasonable time. This time limit offers a level of protection 
throughout an impact event.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, SOCATA must show that the 
Model TBM 700 airplane continues to meet the applicable provisions of 
the applicable regulations in effect on the date of application for the 
type certificate. The regulations incorporated by reference in the type 
certificate are commonly referred to as the original type certification 
basis.
    The certification basis also includes all exemptions, if any; 
equivalent level of safety findings, if any; and special conditions not 
relevant to the special conditions adopted by this rulemaking action.
    If the Administrator determines that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the inflatable restraint, as installed 
on the SOCATA, Model TBM 700 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 TBM 700 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, and the

[[Page 67096]]

FAA must issue a finding of regulatory adequacy under section 611 of 
Public Law 92-574, the Noise Control Act of 1972.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
Sec.  21.17(a)(2).
    Special conditions are initially applicable to the models 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, the special conditions would also apply to the 
other model.

Novel or Unusual Design Features

    The SOCATA, Model TBM 700 airplane will incorporate the following 
novel or unusual design feature: Installation of inflatable four-point 
restraint safety belt with an integrated airbag device for the pilot 
and copilot seats.

Discussion

    The purpose of the airbag is to reduce the potential for injury in 
the event of an accident. In a severe impact, an airbag will deploy 
from the shoulder harness in a manner similar to an automotive airbag. 
The airbag will deploy between the head of the occupant and airplane 
interior structure, which will provide some protection to the head of 
the occupant. The restraint will rely on sensors to electronically 
activate the inflator for deployment.
    The Code of Federal Regulations states performance criteria for 
seats and restraints in an objective manner. However, none of these 
criteria are adequate to address the specific issues raised concerning 
inflatable restraints. Therefore, the FAA has determined that in 
addition to the requirements of part 21 and part 23, special conditions 
are needed to address the installation of this inflatable restraint.
    Accordingly, these special conditions are adopted for the SOCATA, 
Model TBM 700 airplanes equipped with four-point inflatable restraints. 
Other conditions may be developed, as needed, based on further FAA 
review and discussions with the manufacturer and civil aviation 
authorities.

Applicability

    As discussed above, these special conditions are applicable to the 
SOCATA, Model TBM 700 airplane. Should SOCATA apply at a later date for 
a change to the type certificate to include another model incorporating 
the same novel or unusual design feature, the special conditions would 
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability 
and affects only the applicant who applied to the FAA for approval of 
these features on the airplane.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the SOCATA, 
Model TBM 700 airplane is imminent, the FAA finds that good cause 
exists to make these special conditions effective upon issuance.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances, identified above, 
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, 
notice and opportunity for prior public comment hereon are unnecessary 
and the FAA finds good cause, in accordance with 5 U.S.C. 553(b)(3)(B) 
and 553(d)(3), making these special conditions effective upon issuance. 
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 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Special Conditions

    The FAA has determined that this project will be accomplished on 
the basis of not lowering the current level of safety of the SOCATA, 
Model TBM 700 airplane occupant restraint systems. 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 the SOCATA, Model TBM 700 airplane.
    1. Installation of inflatable four-point restraint safety belt with 
an integrated airbag device.
    a. It must be shown that the inflatable restraint will deploy and 
provide protection under emergency landing conditions. Compliance will 
be demonstrated using the dynamic test condition specified in Sec.  
23.562(b)(2). It is not necessary to account for floor warpage, as 
required by Sec.  23.562(b)(3), or vertical dynamic loads, as required 
by Sec.  23.562(b)(1). The means of protection must take into 
consideration a range of stature from a 5th percentile female to a 95th 
percentile male. The inflatable restraint must provide a consistent 
approach to energy absorption throughout that range.
    b. The inflatable restraint must provide adequate protection for 
the occupant. In addition, unoccupied seats that have an active 
restraint must not constitute a hazard to any occupant.
    c. The design must prevent the inflatable restraint from being 
incorrectly buckled and incorrectly installed, such that the airbag 
would not properly deploy. It must be shown that such deployment is not 
hazardous to the occupant and will provide the required protection.
    d. It must be shown that the inflatable restraint system is not 
susceptible to inadvertent deployment as a result of wear and tear or 
the inertial loads resulting from in-flight or ground maneuvers 
(including gusts and hard landings) that are likely to be experienced 
in service.
    e. It must be extremely improbable for an inadvertent deployment of 
the restraint system to occur, or an inadvertent deployment must not 
impede the pilot's ability to maintain control of the airplane or cause 
an unsafe condition or hazard to the airplane. In addition, a deployed 
inflatable restraint must be at least as strong as a Technical Standard 
Order, TSO-C114, certificated belt and shoulder harness.
    f. It must be shown that deployment of the inflatable restraint 
system is not hazardous to the occupant or will not result in injuries 
that could impede rapid egress. This assessment should include 
occupants whose restraint is loosely fastened.
    g. It must be shown that an inadvertent deployment that could cause 
injury to a standing or sitting person is improbable. In addition, the 
restraint must also provide suitable visual warnings that would alert 
rescue personnel to the presence of an inflatable restraint system.
    h. It must be shown that the inflatable restraint will not impede 
rapid egress of

[[Page 67097]]

the occupants 10 seconds after its deployment.
    i. To comply with HIRF and lightning requirements, the inflatable 
restraint system is considered a critical system since its deployment 
could have a hazardous affect on the airplane.
    j. It must be shown that the inflatable restraints will not release 
hazardous quantities of gas or particulate matter into the cabin.
    k. The inflatable restraint system installation must be protected 
from the effects of fire such that no hazard to occupants will result.
    l. There must be a means to verify the integrity of the inflatable 
restraint activation system before each flight or it must be 
demonstrated to reliably operate between inspection intervals.
    m. A life limit must be established for appropriate system 
components.
    n. Qualification testing of the internal firing mechanism must be 
performed at vibration levels appropriate for a general aviation 
airplane.

    Issued in Kansas City, Missouri, on September 22, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-23564 Filed 9-29-16; 8:45 am]
BILLING CODE 4910-13-P



                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                             67093

                                                  SMALL BUSINESS ADMINISTRATION                             Dated: September 21, 2016.                          is consistent with 13 CFR 12.5(f) which
                                                                                                          A. John Shoraka,                                      provides that the limitations on
                                                  13 CFR Part 121                                         Associate Administrator for Government                subcontracting do not apply to small
                                                                                                          Contracting and Business Development.                 business set aside contracts with a value
                                                  RIN 3245–AG20                                           [FR Doc. 2016–23480 Filed 9–29–16; 8:45 am]           greater than $3,500 but not $150,000,
                                                                                                          BILLING CODE 8025–01–P                                and 13 CFR 121.406(d) which provides
                                                  Acquisition Process: Task and                                                                                 that the performance requirements
                                                  Delivery Order Contracts, Bundling,                                                                           (limitations on subcontracting) do not
                                                  Consolidation                                           SMALL BUSINESS ADMINISTRATION                         apply to small business set-aside
                                                                                                                                                                acquisitions with an estimated value
                                                  AGENCY:  U.S. Small Business                            13 CFR Part 125                                       between $3,500 and $150,000.
                                                  Administration.
                                                                                                          RIN 3245–AG58                                         List of Subjects in 13 CFR Part 125
                                                  ACTION: Final rule; correction.
                                                                                                          Small Business Government                               Government contracts, Government
                                                  SUMMARY:    The U.S. Small Business                     Contracting and National Defense                      procurement, Reporting and
                                                  Administration (SBA) is correcting a                    Authorization Act of 2013 Amendments                  recordkeeping requirements, Small
                                                  final rule that appeared in the Federal                                                                       businesses, Technical assistance,
                                                  Register on October 2, 2013 (78 FR                      AGENCY:  U.S. Small Business                          Veterans.
                                                  61113). The rule, which described how                   Administration.                                         Accordingly, 13 CFR part 125 is
                                                  supply procurements should be                           ACTION: Correcting amendments.                        corrected by making the following
                                                  classified, mistakenly attempted to                                                                           correcting amendments:
                                                  amend a regulation by removing words                    SUMMARY:    The U.S. Small Business
                                                  that did not exist in the particular                    Administration (SBA) is correcting a                  PART 125—GOVERNMENT
                                                  paragraph. This document corrects that                  final rule that appeared in the Federal               CONTRACTING PROGRAMS
                                                  rule document by removing the                           Register on May 31, 2016 (81 FR 34243).
                                                  instruction.                                            The rule described the limitations on                 ■ 1. The authority citation for part 125
                                                                                                          subcontracting that apply to set aside                continues to read as follows:
                                                  DATES:   Effective September 30, 2016.                  contracts. The rule provides that the                   Authority: 15 U.S.C. 632(p), (q); 634(b)(6);
                                                  FOR FURTHER INFORMATION CONTACT:                        limitations on subcontracting apply to                637; 644; 657f; 657r.
                                                  Michael McLaughlin, Office of Policy,                   small business set asides above
                                                  Planning & Liaison, U.S. Small Business                 $150,000 and to 8(a), HUBZone,                        ■ 2. Amend § 125.6 by revising
                                                  Administration, 409 Third Street SW.,                   Service-Disabled and Veteran-Owned                    paragraph (a) introductory text to read
                                                  Washington, DC 20416; 202–205–5353;                     (SDVO) or Women-Owned Small                           as follows:
                                                  michael.mclaughlin@sba.gov.                             Business (WOSB) set asides. The                       § 125.6 What are the prime contractor’s
                                                  SUPPLEMENTARY INFORMATION: On June                      $150,000 threshold appears twice in 13                limitations on subcontracting?
                                                  28, 2013, SBA published a rule in the                   CFR 125.6(a), and thus could be                         (a) General. In order to be awarded a
                                                  Federal Register at 78 FR 38811 that                    misinterpreted as applying the                        full or partial small business set-aside
                                                  amended § 121.404(b) by removing ‘‘and                  threshold to 8(a), HUBZone, SDVO or                   contract with a value greater than
                                                  the date of certification by SBA’’ and                  WOSB set-asides. This action deletes                  $150,000, an 8(a) contract, an SDVO
                                                  adding in its place ‘‘and, where                        the second $150,000 threshold that                    SBC contract, a HUBZone contract, a
                                                  applicable, the date the SBA program                    appears in 13 CFR 125.6(a).                           WOSB or EDWOSB contract pursuant to
                                                  office requests a formal size                           DATES: Effective September 30, 2016.                  part 127 of this chapter, a small
                                                  determination in connection with a                      FOR FURTHER INFORMATION CONTACT:                      business concern must agree that:
                                                  concern that otherwise appears eligible                 Michael McLaughlin, Office of Policy,                 *     *     *     *     *
                                                  for program certification.’’ The final rule             Planning & Liaison, U.S. Small Business
                                                  published on October 2, 2013, (78 FR                                                                            Dated: September 15, 2016.
                                                                                                          Administration, 409 Third Street SW.,
                                                  61113) intended to amend 13 CFR                         Washington, DC 20416; 202–205–5353;                   A. John Shoraka,
                                                  121.404(b) by removing ‘‘date of                        michael.mclaughlin@sba.gov.                           Associate Administrator for Government
                                                  certification by SBA’’ and adding in its                                                                      Contracting and Business Development.
                                                                                                          SUPPLEMENTARY INFORMATION: The U.S.
                                                  place ‘‘date the Director of the Division               Small Business Administration (SBA) is
                                                                                                                                                                [FR Doc. 2016–23374 Filed 9–29–16; 8:45 am]
                                                  of Program Certification and Eligibility                correcting a final rule that appeared in              BILLING CODE 8025–01–P
                                                  or the Associate Administrator for                      the Federal Register on May 31, 2016
                                                  Business Development requests a formal                  (81 FR 34243). The rule described the
                                                  size determination in connection with a                 limitations on subcontracting that apply              DEPARTMENT OF TRANSPORTATION
                                                  concern that is otherwise eligible for                  to set aside contracts. The rule provides
                                                  program certification.’’ However, the                   that the limitations on subcontracting                Federal Aviation Administration
                                                  amendment could not be implemented                      apply to small business set asides above
                                                  because at that point the words to be                   $150,000 and to 8(a), HUBZone,                        14 CFR Part 23
                                                  removed did not exist in § 121.404(b).                  Service-Disabled and Veteran-Owned
                                                  Therefore, SBA is removing that                         (SDVO) or Women-Owned Small                           [Docket No. FAA–2016–9172; Special
                                                  instruction from the final rule published
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          Business (WOSB) set asides. The                       Conditions No. 23–276–SC]
                                                  on October 2, 2013.                                     $150,000 threshold appears twice in 13
                                                    In the FR Rule Doc. No. 2016–22064                                                                          Special Conditions: DAHER–SOCATA,
                                                                                                          CFR 125.6(a), and thus could be                       Model TBM 700; Inflatable Four-Point
                                                  in the issue of October 2, 2013,                        misinterpreted as applying the
                                                  beginning on page 61113, make the                                                                             Restraint Safety Belt With an
                                                                                                          threshold to 8(a), HUBZone, SDVO or                   Integrated Airbag Device
                                                  following correction:                                   WOSB set-asides. This action deletes
                                                  ■ On page 61131, first column, remove                   the second $150,000 threshold that                    AGENCY:Federal Aviation
                                                  amendatory instruction number 4c.                       appears in 13 CFR 125.6(a). This action               Administration (FAA), DOT.


                                             VerDate Sep<11>2014   18:28 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\30SER1.SGM   30SER1


                                                  67094               Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  ACTION:Final special conditions; request                             • Federal eRegulations Portal: Go to              on April 11, 2000 (65 FR 19477–19478),
                                                  for comments.                                                      http://www.regulations.gov and follow               as well as at http://DocketsInfo.dot.gov.
                                                                                                                     the online instructions for sending your               Docket: Background documents or
                                                  SUMMARY:    These special conditions are                           comments electronically.                            comments received may be read at
                                                  issued for the installation of an                                    • Mail: Send comments to Docket                   http://www.regulations.gov at any time.
                                                  inflatable four-point restraint safety belt                        Operations, M–30, U.S. Department of                Follow the online instructions for
                                                  with an integrated airbag device at the                            Transportation (DOT), 1200 New Jersey               accessing the docket or go to the Docket
                                                  pilot and copilot seats on the DAHER–                              Avenue SE., Room W12–140, West                      Operations in Room W12–140 of the
                                                  SOCATA, Model TBM 700 airplane.                                    Building Ground Floor, Washington, DC               West Building Ground Floor at 1200
                                                  These airplanes, as modified by the                                20590–0001.                                         New Jersey Avenue SE., Washington,
                                                  installation of these inflatable safety                              • Hand Delivery of Courier: Take                  DC, between 9 a.m. and 5 p.m., Monday
                                                                                                                     comments to Docket Operations in                    through Friday, except Federal holidays.
                                                  belts, will have novel and unusual
                                                                                                                     Room W12–140 of the West Building
                                                  design features associated with the                                                                                    FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                                     Ground Floor at 1200 New Jersey
                                                  upper-torso restraint portions of the                                                                                  Bob Stegeman, Federal Aviation
                                                                                                                     Avenue SE., Washington, DC, between 9
                                                  four-point safety belts, which contain an                                                                              Administration, Aircraft Certification
                                                                                                                     a.m. and 5 p.m., Monday through
                                                  integrated airbag device. The applicable                                                                               Service, Small Airplane Directorate,
                                                                                                                     Friday, except Federal holidays.
                                                  airworthiness regulations do not contain                             • Fax: Fax comments to Docket                     ACE–111, 901 Locust, Room 301,
                                                  adequate or appropriate safety standards                           Operations at 202–493–2251.                         Kansas City, MO; telephone (816)–329–
                                                  for this design feature. These special                               Privacy: The FAA will post all                    4140; facsimile (816)–329–4090.
                                                  conditions contain the additional safety                           comments it receives, without change,               SUPPLEMENTARY INFORMATION: The FAA
                                                  standards that the Administrator                                   to http://regulations.gov, including any            has determined, in accordance with 5
                                                  considers necessary to establish a level                           personal information the commenter                  U.S.C. 553(b)(3)(B) and 553(d)(3), that
                                                  of safety equivalent to that established                           provides. Using the search function of              notice and opportunity for prior public
                                                  by the existing airworthiness standards.                           the docket Web site, anyone can find                comment hereon are unnecessary
                                                                                                                     and read the electronic form of all                 because the substance of this special
                                                  DATES: The effective date of these
                                                                                                                     comments received into any FAA                      condition has been subject to the public
                                                  special conditions is September 30,
                                                                                                                     docket, including the name of the                   comment process in several prior
                                                  2016. We must receive your comments
                                                                                                                     individual sending the comment (or                  instances with no substantive comments
                                                  by October 31, 2016.
                                                                                                                     signing the comment for an association,             received. The FAA, therefore, finds that
                                                  ADDRESSES:  Send comments identified                               business, labor union, etc.). DOT’s                 good cause exists for making these
                                                  by docket number FAA–2016–9172                                     complete Privacy Act Statement can be               special conditions effective upon
                                                  using any of the following methods:                                found in the Federal Register published             issuance.

                                                                   Special condition No.                                                                    Company/airplane model

                                                  23–03–01–SC 1 ..................................................   AMSAFE, Incorporated, Model CH2000.
                                                  23–03–022–SC 2 ................................................    Goodrich Aircraft Interior Products, Models AT–401, AT–402, AT–502, AT–602, and AT–802.
                                                  23–04–01–SC 3 ..................................................   AMSAFE, Incorporated, Models A1, A1A, and A1B.
                                                     1 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/A5B140165998E8B586256D66005553C5?OpenDocument&Highlight=
                                                  inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
                                                     2 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/8122AF4A25F6F8BE86256C83005FF817?OpenDocument&Highlight=
                                                  inflatable%20four-point%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.
                                                     3 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/262C53C9CF0F4FFF86256F08004F5D26?OpenDocument&Highlight=
                                                  inflatable%20restraint%20safety%20belt%20with%20an%20integrated%20airbag.


                                                  Comments Invited                                                   system for the pilot and copilot seats              structure of the airplane. This will
                                                     We invite interested people to take                             and incorporating integrated inflatable             reduce the potential for head and torso
                                                  part in this rulemaking by sending                                 airbags for both on the Model TBM 700               injury. The inflatable restraint behaves
                                                  written comments, data, or views. The                              airplane. The Model TBM 700 airplane                in a manner similar to an automotive
                                                  most helpful comments reference a                                  is a single-engine powering a four                  airbag; however, the airbag is integrated
                                                  specific portion of the special                                    bladed turbopropellor. It has a                     into the shoulder harness straps.
                                                  conditions, explain the reason for any                             maximum takeoff weight of 6578                      Airbags and inflatable restraints are
                                                  recommended change, and include                                    pounds (2984 kg). In addition to a pilot            standard in the automotive industry; the
                                                  supporting data. We ask that you send                              and copilot, it can seat up to five                 use of an inflatable restraint system is
                                                  us two copies of written comments.                                 passengers.                                         novel for general aviation.
                                                     We will consider all comments we                                   The inflatable restraint systems are                The FAA has determined that this
                                                  receive on or before the closing date for                          four-point safety belt restraint systems            project will be accomplished on the
                                                  comments. We will consider comments                                consisting of a lap belt and shoulder               basis of providing the same level of
                                                  filed late if it is possible to do so                              harness with an inflatable airbag                   safety as the current certification
                                                  without incurring expense or delay. We                             attached to the shoulder harness straps.            requirements of airplane occupant
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  may change these special conditions                                The inflatable portion of the restraint             restraint systems. The FAA has the
                                                  based on the comments we receive.                                  system will rely on sensors                         following two primary safety concerns
                                                                                                                     electronically activating the inflator for          with the installation of airbags or
                                                  Background                                                         deployment.                                         inflatable restraints that—
                                                    On January 5, 2016, DAHER–                                          If an emergency landing occurs, the                 1. They perform properly under
                                                  SOCATA (SOCATA) applied for FAA                                    airbags will inflate and provide a                  foreseeable operating conditions; and
                                                  validation for the optional installation                           protective cushion between the head of                 2. They do not perform in a manner
                                                  of a four-point safety belt restraint                              the occupant (pilot and copilot) and the            or at such times as to impede the pilot’s


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                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                       67095

                                                  ability to maintain control of the                      Radiated Fields (HIRF) and lightning.                 deployment is not hazardous to the
                                                  airplane or constitute a hazard to the                  Since the sensors that trigger                        occupant and will still provide the
                                                  airplane or occupants.                                  deployment are electronic, they must be               required protection.
                                                     The latter point has the potential to be             protected from the effects of these                      The cabins of the SOCATA, Model
                                                  the more rigorous of the requirements.                  threats. To comply with HIRF and                      TBM 700 airplane identified in these
                                                  An unexpected deployment while                          lightning requirements, the inflatable                special conditions are confined areas,
                                                  conducting the takeoff or landing phases                restraint system is considered a critical             and the FAA is concerned that noxious
                                                  of flight may result in an unsafe                       system, since its inadvertent                         gasses may accumulate if the airbag
                                                  condition. The unexpected deployment                    deployment could have a hazardous                     deploys. When deployment occurs,
                                                  may either startle the pilot or generate                affect on the airplane.                               either by design or inadvertently, there
                                                  a force sufficient to cause a sudden                       Given the level of safety of the                   must not be a release of hazardous
                                                  movement of the control yoke. Both                      occupant restraints currently installed,              quantities of gas or particulate matter
                                                  actions may result in a loss of control                 the inflatable restraint system must                  into the cockpit.
                                                  of the airplane. The consequences are                   show that it will offer an equivalent                    An inflatable restraint should not
                                                  magnified due to the low operating                      level of protection for an emergency                  increase the risk already associated with
                                                  altitudes during these phases of flight.                landing. If an inadvertent deployment                 fire. The inflatable restraint should be
                                                  The FAA has considered this when                        occurs, the restraint must still be at least          protected from the effects of fire to
                                                  establishing these special conditions.                  as strong as a Technical Standard Order               avoid creating an additional hazard
                                                     The inflatable restraint system relies               approved belt and shoulder harnesses.                 such as, a rupture of the inflator, for
                                                  on sensors to electronically activate the               There is no requirement for the                       example.
                                                  inflator for deployment. These sensors                  inflatable portion of the restraint to offer             Finally, the airbag is likely to have a
                                                  could be susceptible to inadvertent                     protection during multiple impacts,                   large volume displacement, and
                                                  activation, causing deployment in a                     where more than one impact would                      possibly impede the egress of an
                                                  potentially unsafe manner. The                          require protection.                                   occupant. Since the bag deflates to
                                                  consequences of an inadvertent                             Where installed, the inflatable                    absorb energy, it is likely that the
                                                  deployment must be considered in                        restraint system must deploy and                      inflatable restraint would be deflated at
                                                  establishing the reliability of the system.             provide protection for each occupant                  the time an occupant would attempt
                                                  SOCATA must show that the effects of                    under an emergency landing condition.                 egress. However, it is appropriate to
                                                  an inadvertent deployment in flight are                 The Model TBM 700 airplane seats are                  specify a time interval after which the
                                                  not a hazard to the airplane and that an                certificated to the structural                        inflatable restraint may not impede
                                                  inadvertent deployment is extremely                     requirements of § 23.562; therefore, the              rapid egress. Ten seconds has been
                                                                                                          test emergency landing pulses identified              chosen as reasonable time. This time
                                                  improbable. In addition, general
                                                                                                          in § 23.562 must be used to satisfy this              limit offers a level of protection
                                                  aviation aircraft are susceptible to a
                                                                                                          requirement.                                          throughout an impact event.
                                                  large amount of cumulative wear and                        A wide range of occupants may use
                                                  tear on a restraint system. The potential               the inflatable restraint; therefore, the              Type Certification Basis
                                                  for inadvertent deployment may                          protection offered by this restraint                     Under the provisions of 14 CFR 21.17,
                                                  increase as a result of this cumulative                 should be effective for occupants that                SOCATA must show that the Model
                                                  damage. Therefore, the impact of wear                   range from the fifth percentile female to             TBM 700 airplane continues to meet the
                                                  and tear resulting with an inadvertent                  the ninety-fifth percentile male. Energy              applicable provisions of the applicable
                                                  deployment must be considered. The                      absorption must be performed in a                     regulations in effect on the date of
                                                  effect of this cumulative damage means                  consistent manner for this occupant                   application for the type certificate. The
                                                  duration of life expectations must be                   range.                                                regulations incorporated by reference in
                                                  established for the appropriate system                     In support of this operational                     the type certificate are commonly
                                                  components in the restraint system                      capability, there must be a means to                  referred to as the original type
                                                  design.                                                 verify the integrity of this system before            certification basis.
                                                     There are additional factors to be                   each flight. SOCATA may establish                        The certification basis also includes
                                                  considered to minimize the chances of                   inspection intervals where they have                  all exemptions, if any; equivalent level
                                                  inadvertent deployment. General                         demonstrated the system to be reliable                of safety findings, if any; and special
                                                  aviation airplanes are exposed to a                     between these intervals.                              conditions not relevant to the special
                                                  unique operating environment, since the                    An inflatable restraint may be armed               conditions adopted by this rulemaking
                                                  same airplane may be used by both                       even though no occupant is using the                  action.
                                                  experienced and student pilots. The                     seat. While there will be means to verify                If the Administrator determines that
                                                  effect of this environment on                           the integrity of the system before flight,            the applicable airworthiness regulations
                                                  inadvertent deployment must be                          it is also prudent to require unoccupied              (i.e., 14 CFR part 23) do not contain
                                                  understood. Therefore, qualification                    seats with active restraints not pose a               adequate or appropriate safety standards
                                                  testing of the firing hardware and                      hazard to any occupant. This will                     for the inflatable restraint, as installed
                                                  software must consider the following—                   protect any individual performing                     on the SOCATA, Model TBM 700
                                                     1. The airplane vibration levels                     maintenance inside the cockpit while                  airplane because of a novel or unusual
                                                  appropriate for a general aviation                      the aircraft is on the ground. The                    design feature, special conditions are
                                                  airplane; and                                           restraint must also provide suitable                  prescribed under the provisions of
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                     2. The inertial loads that result from               visual warnings that would alert rescue               § 21.16.
                                                  typical flight or ground maneuvers,                     personnel to the presence of an                          In addition to the applicable
                                                  including gusts and hard landings.                      inflatable restraint system.                          airworthiness regulations and special
                                                  Any tendency for the firing mechanism                      The design must also prevent the                   conditions, the Model TBM 700 airplane
                                                  to activate as a result of these loads or               inflatable seatbelt from being incorrectly            must comply with the fuel vent and
                                                  acceleration levels is unacceptable.                    buckled or installed to avoid hindering               exhaust emission requirements of 14
                                                     Other influences on inadvertent                      proper deployment of the airbag.                      CFR part 34 and the noise certification
                                                  deployment include High-Intensity                       SOCATA may show that such                             requirements of 14 CFR part 36, and the


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                                                  67096            Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

                                                  FAA must issue a finding of regulatory                  include another model incorporating the                  1. Installation of inflatable four-point
                                                  adequacy under section 611 of Public                    same novel or unusual design feature,                 restraint safety belt with an integrated
                                                  Law 92–574, the Noise Control Act of                    the special conditions would apply to                 airbag device.
                                                  1972.                                                   that model as well.                                      a. It must be shown that the inflatable
                                                    The FAA issues special conditions, as                                                                       restraint will deploy and provide
                                                  defined in § 11.19, under § 11.38 and                   Conclusion                                            protection under emergency landing
                                                  they become part of the type                               This action affects only certain novel             conditions. Compliance will be
                                                  certification basis under § 21.17(a)(2).                or unusual design features on one model               demonstrated using the dynamic test
                                                    Special conditions are initially                      of airplanes. It is not a rule of general             condition specified in § 23.562(b)(2). It
                                                  applicable to the models for which they                 applicability and affects only the                    is not necessary to account for floor
                                                  are issued. Should the type certificate                 applicant who applied to the FAA for                  warpage, as required by § 23.562(b)(3),
                                                  for that model be amended later to                      approval of these features on the                     or vertical dynamic loads, as required
                                                  include any other model that                            airplane.                                             by § 23.562(b)(1). The means of
                                                  incorporates the same novel or unusual                                                                        protection must take into consideration
                                                                                                             Under standard practice, the effective             a range of stature from a 5th percentile
                                                  design feature, or should any other
                                                                                                          date of final special conditions would                female to a 95th percentile male. The
                                                  model already included on the same
                                                                                                          be 30 days after the date of publication              inflatable restraint must provide a
                                                  type certificate be modified to
                                                                                                          in the Federal Register; however, as the              consistent approach to energy
                                                  incorporate the same novel or unusual
                                                                                                          certification date for the SOCATA,                    absorption throughout that range.
                                                  design feature, the special conditions
                                                                                                          Model TBM 700 airplane is imminent,                      b. The inflatable restraint must
                                                  would also apply to the other model.
                                                                                                          the FAA finds that good cause exists to               provide adequate protection for the
                                                  Novel or Unusual Design Features                        make these special conditions effective               occupant. In addition, unoccupied seats
                                                    The SOCATA, Model TBM 700                             upon issuance.                                        that have an active restraint must not
                                                  airplane will incorporate the following                    The substance of these special                     constitute a hazard to any occupant.
                                                  novel or unusual design feature:                        conditions has been subjected to the                     c. The design must prevent the
                                                  Installation of inflatable four-point                   notice and comment period in several                  inflatable restraint from being
                                                  restraint safety belt with an integrated                prior instances, identified above, and                incorrectly buckled and incorrectly
                                                  airbag device for the pilot and copilot                 has been derived without substantive                  installed, such that the airbag would not
                                                  seats.                                                  change from those previously issued. It               properly deploy. It must be shown that
                                                                                                          is unlikely that prior public comment                 such deployment is not hazardous to the
                                                  Discussion                                                                                                    occupant and will provide the required
                                                                                                          would result in a significant change
                                                    The purpose of the airbag is to reduce                from the substance contained herein.                  protection.
                                                  the potential for injury in the event of                Therefore, notice and opportunity for                    d. It must be shown that the inflatable
                                                  an accident. In a severe impact, an                     prior public comment hereon are                       restraint system is not susceptible to
                                                  airbag will deploy from the shoulder                    unnecessary and the FAA finds good                    inadvertent deployment as a result of
                                                  harness in a manner similar to an                       cause, in accordance with 5 U.S.C.                    wear and tear or the inertial loads
                                                  automotive airbag. The airbag will                      553(b)(3)(B) and 553(d)(3), making these              resulting from in-flight or ground
                                                  deploy between the head of the                          special conditions effective upon                     maneuvers (including gusts and hard
                                                  occupant and airplane interior structure,               issuance. The FAA is requesting                       landings) that are likely to be
                                                  which will provide some protection to                   comments to allow interested persons to               experienced in service.
                                                  the head of the occupant. The restraint                 submit views that may not have been                      e. It must be extremely improbable for
                                                  will rely on sensors to electronically                  submitted in response to the prior                    an inadvertent deployment of the
                                                  activate the inflator for deployment.                   opportunities for comment described                   restraint system to occur, or an
                                                    The Code of Federal Regulations                       above.                                                inadvertent deployment must not
                                                  states performance criteria for seats and                                                                     impede the pilot’s ability to maintain
                                                  restraints in an objective manner.                      List of Subjects in 14 CFR Part 23                    control of the airplane or cause an
                                                  However, none of these criteria are                       Aircraft, Aviation safety, Signs and                unsafe condition or hazard to the
                                                  adequate to address the specific issues                 symbols.                                              airplane. In addition, a deployed
                                                  raised concerning inflatable restraints.                                                                      inflatable restraint must be at least as
                                                  Therefore, the FAA has determined that                  Citation                                              strong as a Technical Standard Order,
                                                  in addition to the requirements of part                                                                       TSO–C114, certificated belt and
                                                                                                            The authority citation for these
                                                  21 and part 23, special conditions are                                                                        shoulder harness.
                                                                                                          special conditions is as follows:                        f. It must be shown that deployment
                                                  needed to address the installation of this
                                                  inflatable restraint.                                     Authority: 49 U.S.C. 106(g), 40113 and              of the inflatable restraint system is not
                                                    Accordingly, these special conditions                 44701; 14 CFR 21.16 and 21.17; and 14 CFR             hazardous to the occupant or will not
                                                  are adopted for the SOCATA, Model                       11.38 and 11.19.                                      result in injuries that could impede
                                                  TBM 700 airplanes equipped with four-                   The Special Conditions                                rapid egress. This assessment should
                                                  point inflatable restraints. Other                                                                            include occupants whose restraint is
                                                  conditions may be developed, as                            The FAA has determined that this                   loosely fastened.
                                                  needed, based on further FAA review                     project will be accomplished on the                      g. It must be shown that an
                                                  and discussions with the manufacturer                   basis of not lowering the current level               inadvertent deployment that could
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  and civil aviation authorities.                         of safety of the SOCATA, Model TBM                    cause injury to a standing or sitting
                                                                                                          700 airplane occupant restraint systems.              person is improbable. In addition, the
                                                  Applicability                                           Accordingly, pursuant to the authority                restraint must also provide suitable
                                                    As discussed above, these special                     delegated to me by the Administrator,                 visual warnings that would alert rescue
                                                  conditions are applicable to the                        the following special conditions are                  personnel to the presence of an
                                                  SOCATA, Model TBM 700 airplane.                         issued as part of the type certification              inflatable restraint system.
                                                  Should SOCATA apply at a later date                     basis for the SOCATA, Model TBM 700                      h. It must be shown that the inflatable
                                                  for a change to the type certificate to                 airplane.                                             restraint will not impede rapid egress of


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                                                                   Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations                                      67097

                                                  the occupants 10 seconds after its                      appropriate safety standards for this                 SUPPLEMENTARY INFORMATION:     The
                                                  deployment.                                             design feature. These special conditions              substance of these special conditions
                                                     i. To comply with HIRF and lightning                 contain the additional safety standards               has been subject to the public comment
                                                  requirements, the inflatable restraint                  that the Administrator considers                      process in several prior instances with
                                                  system is considered a critical system                  necessary to establish a level of safety              no substantive comments received. The
                                                  since its deployment could have a                       equivalent to that established by the                 FAA therefore finds that good cause
                                                  hazardous affect on the airplane.                       existing airworthiness standards.                     exists for making these special
                                                     j. It must be shown that the inflatable              DATES: This action is effective on                    conditions effective upon publication in
                                                  restraints will not release hazardous                   Embraer S.A. on September 30, 2016.                   the Federal Register.
                                                  quantities of gas or particulate matter                 We must receive your comments by
                                                  into the cabin.                                                                                               Comments Invited
                                                                                                          November 14, 2016.
                                                     k. The inflatable restraint system                                                                           We invite interested people to take
                                                                                                          ADDRESSES: Send comments identified
                                                  installation must be protected from the                                                                       part in this rulemaking by sending
                                                                                                          by docket number FAA–2016–9225
                                                  effects of fire such that no hazard to                                                                        written comments, data, or views. The
                                                                                                          using any of the following methods:
                                                  occupants will result.                                                                                        most helpful comments reference a
                                                                                                             • Federal eRegulations Portal: Go to
                                                     l. There must be a means to verify the                                                                     specific portion of the special
                                                                                                          http://www.regulations.gov/and follow
                                                  integrity of the inflatable restraint                                                                         conditions, explain the reason for any
                                                                                                          the online instructions for sending your
                                                  activation system before each flight or it                                                                    recommended change, and include
                                                                                                          comments electronically.
                                                  must be demonstrated to reliably                                                                              supporting data.
                                                                                                             • Mail: Send comments to Docket
                                                  operate between inspection intervals.                                                                           We will consider all comments we
                                                     m. A life limit must be established for              Operations, M–30, U.S. Department of
                                                                                                                                                                receive by the closing date for
                                                  appropriate system components.                          Transportation (DOT), 1200 New Jersey
                                                                                                                                                                comments. We may change these special
                                                     n. Qualification testing of the internal             Avenue SE., Room W12–140, West
                                                                                                                                                                conditions based on the comments we
                                                  firing mechanism must be performed at                   Building Ground Floor, Washington, DC
                                                                                                                                                                receive.
                                                  vibration levels appropriate for a general              20590–0001.
                                                  aviation airplane.                                         • Hand Delivery or Courier: Take                   Background
                                                                                                          comments to Docket Operations in                        On September 13, 2013, Embraer S.A.
                                                    Issued in Kansas City, Missouri, on                   Room W12–140 of the West Building
                                                  September 22, 2016.                                                                                           applied for an amendment to Type
                                                                                                          Ground Floor at 1200 New Jersey                       Certificate (TC) No. A57NM to include
                                                  Pat Mullen,                                             Avenue SE., Washington, DC, between 9
                                                  Acting Manager, Small Airplane Directorate,
                                                                                                                                                                the new Model ERJ 190–300 series
                                                                                                          a.m. and 5 p.m., Monday through                       airplanes. The ERJ 190–300, which is a
                                                  Aircraft Certification Service.                         Friday, except Federal holidays.                      derivative of the ERJ 190–100 STD
                                                  [FR Doc. 2016–23564 Filed 9–29–16; 8:45 am]                • Fax: Fax comments to Docket                      currently approved under TC No.
                                                  BILLING CODE 4910–13–P                                  Operations at 202–493–2251.                           A57NM, is a 97–114 passenger transport
                                                                                                             Privacy: The FAA will post all
                                                                                                                                                                category airplane with two Pratt &
                                                                                                          comments it receives, without change,
                                                  DEPARTMENT OF TRANSPORTATION                                                                                  Whitney Model PW1900G engines, a
                                                                                                          to http://www.regulations.gov/,
                                                                                                                                                                new wing design with a high aspect
                                                                                                          including any personal information the
                                                  Federal Aviation Administration                                                                               ratio and raked wingtip, and digital fly-
                                                                                                          commenter provides. Using the search
                                                                                                                                                                by-wire EFCS with closed loop control
                                                                                                          function of the docket Web site, anyone
                                                  14 CFR Part 25                                                                                                for all surfaces and with full envelope
                                                                                                          can find and read the electronic form of
                                                                                                                                                                protection.
                                                  [Docket No. FAA–2016–9225; Special                      all comments received into any FAA                      The EFCS technology has outpaced
                                                  Conditions No. 25–639–SC]                               docket, including the name of the                     the current airworthiness standards;
                                                                                                          individual sending the comment (or                    therefore, the FAA required special
                                                  Special Conditions: Embraer S.A.,                       signing the comment for an association,
                                                  Model ERJ 190–300 Series Airplanes;                                                                           conditions to ensure appropriate mode
                                                                                                          business, labor union, etc.). DOT’s                   recognition by the flightcrew for events
                                                  Electronic Flight Control System:                       complete Privacy Act Statement can be
                                                  Control Surface Position Awareness,                                                                           that significantly change the operating
                                                                                                          found in the Federal Register published               mode of the EFCS.
                                                  Multiple Modes of Operation                             on April 11, 2000 (65 FR 19477–19478),
                                                  AGENCY:  Federal Aviation                               as well as at http://DocketsInfo                      Type Certification Basis
                                                  Administration (FAA), DOT.                              .dot.gov/.                                               Under the provisions of Title 14, Code
                                                                                                             Docket: Background documents or                    of Federal Regulations (14 CFR) 21.101,
                                                  ACTION: Final special conditions; request
                                                                                                          comments received may be read at                      Embraer S.A. must show that the ERJ
                                                  for comments.
                                                                                                          http://www.regulations.gov/ at any time.              190–300 meets the applicable
                                                  SUMMARY:    These special conditions are                Follow the online instructions for                    provisions of the regulations listed in
                                                  issued for the Embraer S.A. Model ERJ                   accessing the docket or go to Docket                  Type Certificate No. A57NM or the
                                                  190–300 series airplanes. These                         Operations in Room W12–140 of the                     applicable regulations in effect on the
                                                  airplanes will have a novel or unusual                  West Building Ground Floor at 1200                    date of application for the change,
                                                  design feature when compared to the                     New Jersey Avenue SE., Washington,                    except for earlier amendments as agreed
                                                  state of technology envisioned in the                   DC, between 9 a.m. and 5 p.m., Monday                 upon by the FAA. Embraer S.A. must
                                                  airworthiness standards for transport                   through Friday, except Federal holidays.              show that the ERJ 190–300 meets the
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  category airplanes. This design feature                 FOR FURTHER INFORMATION CONTACT: Joe                  applicable provisions of 14 CFR part 25,
                                                  is a fly-by-wire electronic flight control              Jacobsen, FAA, Airplane and Flightcrew                as amended by Amendments 25–1
                                                  system (EFCS) and no direct coupling                    Interface Branch, ANM–111, Transport                  through 25–137.
                                                  from the flight deck controller to the                  Airplane Directorate, Aircraft                           If the Administrator finds that the
                                                  control surface. As a result, the pilot is              Certification Service, 1601 Lind Avenue               applicable airworthiness regulations
                                                  not aware of the actual control surface                 SW., Renton, Washington 98057–3356;                   (i.e., 14 CFR part 25) do not contain
                                                  position. The applicable airworthiness                  telephone 425–227–2011; facsimile                     adequate or appropriate safety standards
                                                  regulations do not contain adequate or                  425–227–1149.                                         for the ERJ 190–300 because of a novel


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Document Created: 2018-02-09 13:33:47
Document Modified: 2018-02-09 13:33:47
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.
DatesThe effective date of these special conditions is September 30, 2016. We must receive your comments by October 31, 2016.
ContactMr. Bob Stegeman, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, MO; telephone (816)-329-4140; facsimile (816)-329-4090.
FR Citation81 FR 67093 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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