81_FR_90082 81 FR 89843 - Special Conditions: DAHER-SOCATA, Model TBM 700; Inflatable Four-Point Restraint Safety Belt With an Integrated Airbag Device

81 FR 89843 - 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 239 (December 13, 2016)

Page Range89843-89846
FR Document2016-29769

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 239 (Tuesday, December 13, 2016)
[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89843-89846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29769]


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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.

ACTION: Final special conditions.

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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: These special conditions are effective December 13, 2016 and are 
applicable on December 6, 2016.

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: 

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 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

[[Page 89844]]

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 effect 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 FAA must issue a 
finding of regulatory adequacy under Sec.  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

[[Page 89845]]

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.

Discussion of Comments

    Final special conditions number 23-276-SC \1\ for the DAHER-SOCATA, 
Model TBM 700 airplanes and requesting comments was published in the 
Federal Register on September 30, 2016 (81 FR 67093). One comment was 
received that compared restraint safety to that of an automobile and 
stressed the importance considering airbag safety, the possibility of 
injuring or killing occupants during deployment and considerations for 
occupant safety for a range of occupants.
---------------------------------------------------------------------------

    \1\ https://www.regulations.gov/document?D=FAA-2016-9172-0001.
---------------------------------------------------------------------------

    Aircraft accidents differ from car accidents in that they typically 
involve much higher speeds and also introduce a vertical impact 
component. The aviation regulations require an assessment of occupant 
safety in the horizontal and vertical planes. An airbag is normally 
triggered, deployed, and effective only in the horizontal plane. The 
special condition requires assessment for 5th percentile females to 
95th percentile males. As such, very large and very small occupants are 
not considered in this special condition, but this is consistent with 
other FAA occupant safety rules.
    Aircraft airbags, or inflatable restraints, (including the airbags 
subject to this special condition) are fundamentally different in their 
operation in comparison to automotive airbags. Automotive airbags 
normally deploy from the dashboard or steering wheel and push against 
the rigid structure as they powerfully deploy and engage the occupant. 
Inflatable restraints have the airbag deploy from the restraint and 
push away from the occupant and do not press on the occupant until the 
occupant, with significant inertia, is moving forward and impacting the 
interior. Smaller occupants, normally those killed by automotive 
airbags, are not as likely to engage the aircraft inflatable restraints 
against the interior.
    There are no known fatalities or significant injuries from aircraft 
inflatable restraints that are attributable only to the airbag 
deployment itself. By nature, the inflatable restraints move away from 
the occupant, so injury to the occupant from deployment is very 
unlikely. Smaller occupants and children are still recommended to ride 
in aft seating, like in an automobile. These special conditions do 
consider and peripherally address a range of occupant sizes consistent 
with part 23 occupant safety rules.
    This special condition does address the potential hazards commented 
upon, and the safety and effectiveness of the airbag system with 
consideration to a range of occupant sizes. No changes were made as a 
result of this comment, and the special conditions are adopted as 
proposed.

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.
    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.

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.

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 89846]]

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 effect 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 December 6, 2016.
Kelly Broadway,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-29769 Filed 12-12-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations                                        89843

                                             may require a corrective action plan                    with an integrated airbag device at the                  The FAA has determined that this
                                             consistent with 7 CFR 275.16 to reduce                  pilot and copilot seats on the DAHER–                 project will be accomplished on the
                                             or eliminate deficiencies. If a State does              SOCATA, Model TBM 700 airplane.                       basis of providing the same level of
                                             not take appropriate actions to address                 These airplanes, as modified by the                   safety as the current certification
                                             the deficiencies, FNS would consider                    installation of these inflatable safety               requirements of airplane occupant
                                             possible actions such as requiring an                   belts, will have novel and unusual                    restraint systems. The FAA has the
                                             updated photo EBT Implementation                        design features associated with the                   following two primary safety concerns
                                             Plan, suspension of the photo EBT                       upper-torso restraint portions of the                 with the installation of airbags or
                                             policy and/or withholding funds in                      four-point safety belts, which contain an             inflatable restraints that—
                                             accordance with 7 CFR 276.4.                            integrated airbag device. The applicable                 1. They perform properly under
                                                                                                     airworthiness regulations do not contain              foreseeable operating conditions; and
                                             PART 278—PARTICIPATION OF                               adequate or appropriate safety standards                 2. They do not perform in a manner
                                             RETAIL FOOD STORES, WHOLESALE                           for this design feature. These special                or at such times as to impede the pilot’s
                                             FOOD CONCERNS AND INSURED                               conditions contain the additional safety              ability to maintain control of the
                                             FINANCIAL INSTITUTIONS                                  standards that the Administrator                      airplane or constitute a hazard to the
                                                                                                     considers necessary to establish a level              airplane or occupants.
                                             ■ 6. In § 278.2, revise paragraph (h) and
                                                                                                     of safety equivalent to that established                 The latter point has the potential to be
                                             remove and reserve paragraphs (i) and
                                                                                                     by the existing airworthiness standards.              the more rigorous of the requirements.
                                             (k).
                                               The revision reads as follows:                        DATES: These special conditions are                   An unexpected deployment while
                                                                                                     effective December 13, 2016 and are                   conducting the takeoff or landing phases
                                             § 278.2   Participation of retail food stores.          applicable on December 6, 2016.                       of flight may result in an unsafe
                                             *      *     *    *     *                               FOR FURTHER INFORMATION CONTACT: Mr.                  condition. The unexpected deployment
                                                (h) Identifying benefit users. Retailers             Bob Stegeman, Federal Aviation                        may either startle the pilot or generate
                                             must accept payment from EBT                            Administration, Aircraft Certification                a force sufficient to cause a sudden
                                             cardholders who have a valid PIN                        Service, Small Airplane Directorate,                  movement of the control yoke. Both
                                             regardless of which State the card is                   ACE–111, 901 Locust, Room 301,                        actions may result in a loss of control
                                             from or whether the individual is                       Kansas City, MO; telephone (816)–329–                 of the airplane. The consequences are
                                             pictured on the card. Where photo EBT                   4140; facsimile (816)–329–4090.                       magnified due to the low operating
                                             cards are in use, the person presenting                 SUPPLEMENTARY INFORMATION:                            altitudes during these phases of flight.
                                             the photo EBT card need not be pictured                                                                       The FAA has considered this when
                                             on the card, nor does the individual’s                  Background                                            establishing these special conditions.
                                             name need to match the one on the card                     On January 5, 2016, DAHER–                            The inflatable restraint system relies
                                             if the State includes names on the card.                SOCATA (SOCATA) applied for FAA                       on sensors to electronically activate the
                                             However, benefits may not knowingly                     validation for the optional installation              inflator for deployment. These sensors
                                             be accepted from persons who have no                    of a four-point safety belt restraint                 could be susceptible to inadvertent
                                             right to possession of benefits. If fraud               system for the pilot and copilot seats                activation, causing deployment in a
                                             is suspected, retailers shall report the                and incorporating integrated inflatable               potentially unsafe manner. The
                                             individual to the USDA OIG Fraud                        airbags for both on the Model TBM 700                 consequences of an inadvertent
                                             Hotline.                                                airplane. The Model TBM 700 airplane                  deployment must be considered in
                                             *      *     *    *     *                               is a single-engine powering a four                    establishing the reliability of the system.
                                                                                                     bladed turbopropellor. It has a                       SOCATA must show that the effects of
                                               Dated: December 7, 2016.
                                                                                                     maximum takeoff weight of 6578                        an inadvertent deployment in flight are
                                             Audrey Rowe,
                                                                                                     pounds (2984 kg). In addition to a pilot              not a hazard to the airplane and that an
                                             Acting Under Secretary for Food, Nutrition,                                                                   inadvertent deployment is extremely
                                             and Consumer Services.                                  and copilot, it can seat up to five
                                                                                                     passengers.                                           improbable. In addition, general
                                             [FR Doc. 2016–29841 Filed 12–12–16; 8:45 am]
                                                                                                        The inflatable restraint systems are               aviation aircraft are susceptible to a
                                             BILLING CODE 3410–30–P                                                                                        large amount of cumulative wear and
                                                                                                     four-point safety belt restraint systems
                                                                                                     consisting of a lap belt and shoulder                 tear on a restraint system. The potential
                                                                                                     harness with an inflatable airbag                     for inadvertent deployment may
                                             DEPARTMENT OF TRANSPORTATION                            attached to the shoulder harness straps.              increase as a result of this cumulative
                                                                                                     The inflatable portion of the restraint               damage. Therefore, the impact of wear
                                             Federal Aviation Administration                                                                               and tear resulting with an inadvertent
                                                                                                     system will rely on sensors
                                                                                                     electronically activating the inflator for            deployment must be considered. The
                                             14 CFR Part 23                                                                                                effect of this cumulative damage means
                                                                                                     deployment.
                                             [Docket No. FAA–2016–9172; Special                         If an emergency landing occurs, the                duration of life expectations must be
                                             Conditions No. 23–276–SC]                               airbags will inflate and provide a                    established for the appropriate system
                                                                                                     protective cushion between the head of                components in the restraint system
                                             Special Conditions: DAHER–SOCATA,                       the occupant (pilot and copilot) and the              design.
                                             Model TBM 700; Inflatable Four-Point                    structure of the airplane. This will                     There are additional factors to be
                                             Restraint Safety Belt With an                           reduce the potential for head and torso               considered to minimize the chances of
                                             Integrated Airbag Device                                injury. The inflatable restraint behaves              inadvertent deployment. General
pmangrum on DSK3GDR082PROD with RULES




                                             AGENCY:  Federal Aviation                               in a manner similar to an automotive                  aviation airplanes are exposed to a
                                             Administration (FAA), DOT.                              airbag; however, the airbag is integrated             unique operating environment, since the
                                             ACTION: Final special conditions.                       into the shoulder harness straps.                     same airplane may be used by both
                                                                                                     Airbags and inflatable restraints are                 experienced and student pilots. The
                                             SUMMARY:   These special conditions are                 standard in the automotive industry; the              effect of this environment on
                                             issued for the installation of an                       use of an inflatable restraint system is              inadvertent deployment must be
                                             inflatable four-point restraint safety belt             novel for general aviation.                           understood. Therefore, qualification


                                        VerDate Sep<11>2014   17:20 Dec 12, 2016   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\13DER1.SGM   13DER1


                                             89844            Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations

                                             testing of the firing hardware and                      seats with active restraints not pose a               adequate or appropriate safety standards
                                             software must consider the following—                   hazard to any occupant. This will                     for the inflatable restraint, as installed
                                                1. The airplane vibration levels                     protect any individual performing                     on the SOCATA, Model TBM 700
                                             appropriate for a general aviation                      maintenance inside the cockpit while                  airplane because of a novel or unusual
                                             airplane; and                                           the aircraft is on the ground. The                    design feature, special conditions are
                                                2. The inertial loads that result from               restraint must also provide suitable                  prescribed under the provisions of
                                             typical flight or ground maneuvers,                     visual warnings that would alert rescue               § 21.16.
                                             including gusts and hard landings.                      personnel to the presence of an                         In addition to the applicable
                                                Any tendency for the firing                          inflatable restraint system.                          airworthiness regulations and special
                                             mechanism to activate as a result of                       The design must also prevent the                   conditions, the Model TBM 700 airplane
                                             these loads or acceleration levels is                   inflatable seatbelt from being incorrectly            must comply with the fuel vent and
                                             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
                                             Radiated Fields (HIRF) and lightning.                   deployment is not hazardous to the                    FAA must issue a finding of regulatory
                                             Since the sensors that trigger                          occupant and will still provide the                   adequacy under § 611 of Public Law 92–
                                             deployment are electronic, they must be                 required protection.                                  574, the Noise Control Act of 1972.
                                             protected from the effects of these                        The cabins of the SOCATA, Model                      The FAA issues special conditions, as
                                             threats. To comply with HIRF and                        TBM 700 airplane identified in these                  defined in § 11.19, under § 11.38 and
                                             lightning requirements, the inflatable                  special conditions are confined areas,                they become part of the type
                                             restraint system is considered a critical               and the FAA is concerned that noxious                 certification basis under § 21.17(a)(2).
                                             system, since its inadvertent                           gasses may accumulate if the airbag                     Special conditions are initially
                                             deployment could have a hazardous                       deploys. When deployment occurs,                      applicable to the models for which they
                                             effect on the airplane.                                 either by design or inadvertently, there              are issued. Should the type certificate
                                                Given the level of safety of the                     must not be a release of hazardous                    for that model be amended later to
                                             occupant restraints currently installed,                quantities of gas or particulate matter               include any other model that
                                             the inflatable restraint system must                    into the cockpit.                                     incorporates the same novel or unusual
                                             show that it will offer an equivalent                      An inflatable restraint should not                 design feature, or should any other
                                             level of protection for an emergency                    increase the risk already associated with             model already included on the same
                                             landing. If an inadvertent deployment                   fire. The inflatable restraint should be              type certificate be modified to
                                             occurs, the restraint must still be at least            protected from the effects of fire to                 incorporate the same novel or unusual
                                             as strong as a Technical Standard Order                 avoid creating an additional hazard                   design feature, the special conditions
                                             approved belt and shoulder harnesses.                   such as, a rupture of the inflator, for               would also apply to the other model.
                                             There is no requirement for the                         example.
                                             inflatable portion of the restraint to offer               Finally, the airbag is likely to have a            Novel or Unusual Design Features
                                             protection during multiple impacts,                     large volume displacement, and                          The SOCATA, Model TBM 700
                                             where more than one impact would                        possibly impede the egress of an                      airplane will incorporate the following
                                             require protection.                                     occupant. Since the bag deflates to                   novel or unusual design feature:
                                                Where installed, the inflatable                      absorb energy, it is likely that the                    Installation of inflatable four-point
                                             restraint system must deploy and                        inflatable restraint would be deflated at             restraint safety belt with an integrated
                                             provide protection for each occupant                    the time an occupant would attempt                    airbag device for the pilot and copilot
                                             under an emergency landing condition.                   egress. However, it is appropriate to                 seats.
                                             The Model TBM 700 airplane seats are                    specify a time interval after which the
                                             certificated to the structural                                                                                Discussion
                                                                                                     inflatable restraint may not impede
                                             requirements of § 23.562; therefore, the                rapid egress. Ten seconds has been                      The purpose of the airbag is to reduce
                                             test emergency landing pulses identified                chosen as reasonable time. This time                  the potential for injury in the event of
                                             in § 23.562 must be used to satisfy this                limit offers a level of protection                    an accident. In a severe impact, an
                                             requirement.                                            throughout an impact event.                           airbag will deploy from the shoulder
                                                A wide range of occupants may use                                                                          harness in a manner similar to an
                                             the inflatable restraint; therefore, the                Type Certification Basis                              automotive airbag. The airbag will
                                             protection offered by this restraint                       Under the provisions of 14 CFR 21.17,              deploy between the head of the
                                             should be effective for occupants that                  SOCATA must show that the Model                       occupant and airplane interior structure,
                                             range from the fifth percentile female to               TBM 700 airplane continues to meet the                which will provide some protection to
                                             the ninety-fifth percentile male. Energy                applicable provisions of the applicable               the head of the occupant. The restraint
                                             absorption must be performed in a                       regulations in effect on the date of                  will rely on sensors to electronically
                                             consistent manner for this occupant                     application for the type certificate. The             activate the inflator for deployment.
                                             range.                                                  regulations incorporated by reference in                The Code of Federal Regulations
                                                In support of this operational                       the type certificate are commonly                     states performance criteria for seats and
                                             capability, there must be a means to                    referred to as the original type                      restraints in an objective manner.
                                             verify the integrity of this system before              certification basis.                                  However, none of these criteria are
                                             each flight. SOCATA may establish                          The certification basis also includes              adequate to address the specific issues
                                             inspection intervals where they have                    all exemptions, if any; equivalent level              raised concerning inflatable restraints.
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                                             demonstrated the system to be reliable                  of safety findings, if any; and special               Therefore, the FAA has determined that
                                             between these intervals.                                conditions not relevant to the special                in addition to the requirements of part
                                                An inflatable restraint may be armed                 conditions adopted by this rulemaking                 21 and part 23, special conditions are
                                             even though no occupant is using the                    action.                                               needed to address the installation of this
                                             seat. While there will be means to verify                  If the Administrator determines that               inflatable restraint.
                                             the integrity of the system before flight,              the applicable airworthiness regulations                Accordingly, these special conditions
                                             it is also prudent to require unoccupied                (i.e., 14 CFR part 23) do not contain                 are adopted for the SOCATA, Model


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                                                              Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations                                       89845

                                             TBM 700 airplanes equipped with four-                   in aft seating, like in an automobile.                1. Installation of Inflatable Four-Point
                                             point inflatable restraints. Other                      These special conditions do consider                  Restraint Safety Belt With an Integrated
                                             conditions may be developed, as                         and peripherally address a range of                   Airbag Device
                                             needed, based on further FAA review                     occupant sizes consistent with part 23                   a. It must be shown that the inflatable
                                             and discussions with the manufacturer                   occupant safety rules.                                restraint will deploy and provide
                                             and civil aviation authorities.                           This special condition does address                 protection under emergency landing
                                             Discussion of Comments                                  the potential hazards commented upon,                 conditions. Compliance will be
                                                                                                     and the safety and effectiveness of the               demonstrated using the dynamic test
                                                Final special conditions number 23–
                                                                                                     airbag system with consideration to a                 condition specified in § 23.562(b)(2). It
                                             276–SC 1 for the DAHER–SOCATA,
                                                                                                     range of occupant sizes. No changes                   is not necessary to account for floor
                                             Model TBM 700 airplanes and
                                                                                                     were made as a result of this comment,                warpage, as required by § 23.562(b)(3),
                                             requesting comments was published in
                                                                                                     and the special conditions are adopted                or vertical dynamic loads, as required
                                             the Federal Register on September 30,
                                                                                                     as proposed.                                          by § 23.562(b)(1). The means of
                                             2016 (81 FR 67093). One comment was
                                                                                                                                                           protection must take into consideration
                                             received that compared restraint safety                 Applicability                                         a range of stature from a 5th percentile
                                             to that of an automobile and stressed the
                                                                                                       As discussed above, these special                   female to a 95th percentile male. The
                                             importance considering airbag safety,
                                                                                                     conditions are applicable to the                      inflatable restraint must provide a
                                             the possibility of injuring or killing
                                                                                                     SOCATA, Model TBM 700 airplane.                       consistent approach to energy
                                             occupants during deployment and
                                                                                                     Should SOCATA apply at a later date                   absorption throughout that range.
                                             considerations for occupant safety for a                                                                         b. The inflatable restraint must
                                             range of occupants.                                     for a change to the type certificate to
                                                                                                                                                           provide adequate protection for the
                                                Aircraft accidents differ from car                   include another model incorporating the
                                                                                                                                                           occupant. In addition, unoccupied seats
                                             accidents in that they typically involve                same novel or unusual design feature,
                                                                                                                                                           that have an active restraint must not
                                             much higher speeds and also introduce                   the special conditions would apply to                 constitute a hazard to any occupant.
                                             a vertical impact component. The                        that model as well.                                      c. The design must prevent the
                                             aviation regulations require an                           Under standard practice, the effective              inflatable restraint from being
                                             assessment of occupant safety in the                    date of final special conditions would                incorrectly buckled and incorrectly
                                             horizontal and vertical planes. An                      be 30 days after the date of publication              installed, such that the airbag would not
                                             airbag is normally triggered, deployed,                 in the Federal Register; however, as the              properly deploy. It must be shown that
                                             and effective only in the horizontal                    certification date for the SOCATA,                    such deployment is not hazardous to the
                                             plane. The special condition requires                   Model TBM 700 airplane is imminent,                   occupant and will provide the required
                                             assessment for 5th percentile females to                the FAA finds that good cause exists to               protection.
                                             95th percentile males. As such, very                    make these special conditions effective                  d. It must be shown that the inflatable
                                             large and very small occupants are not                  upon issuance.                                        restraint system is not susceptible to
                                             considered in this special condition, but                                                                     inadvertent deployment as a result of
                                             this is consistent with other FAA                       Conclusion                                            wear and tear or the inertial loads
                                             occupant safety rules.                                                                                        resulting from in-flight or ground
                                                Aircraft airbags, or inflatable                        This action affects only certain novel
                                                                                                     or unusual design features on one model               maneuvers (including gusts and hard
                                             restraints, (including the airbags subject                                                                    landings) that are likely to be
                                             to this special condition) are                          of airplanes. It is not a rule of general
                                                                                                     applicability and affects only the                    experienced in service.
                                             fundamentally different in their                                                                                 e. It must be extremely improbable for
                                             operation in comparison to automotive                   applicant who applied to the FAA for
                                                                                                                                                           an inadvertent deployment of the
                                             airbags. Automotive airbags normally                    approval of these features on the
                                                                                                                                                           restraint system to occur, or an
                                             deploy from the dashboard or steering                   airplane.                                             inadvertent deployment must not
                                             wheel and push against the rigid                        List of Subjects in 14 CFR Part 23                    impede the pilot’s ability to maintain
                                             structure as they powerfully deploy and                                                                       control of the airplane or cause an
                                             engage the occupant. Inflatable                           Aircraft, Aviation safety, Signs and                unsafe condition or hazard to the
                                             restraints have the airbag deploy from                  symbols.                                              airplane. In addition, a deployed
                                             the restraint and push away from the                                                                          inflatable restraint must be at least as
                                                                                                     Citation
                                             occupant and do not press on the                                                                              strong as a Technical Standard Order,
                                             occupant until the occupant, with                         The authority citation for these                    TSO–C114, certificated belt and
                                             significant inertia, is moving forward                  special conditions is as follows:                     shoulder harness.
                                             and impacting the interior. Smaller                                                                              f. It must be shown that deployment
                                                                                                       Authority: 49 U.S.C. 106(g), 40113 and              of the inflatable restraint system is not
                                             occupants, normally those killed by
                                                                                                     44701; 14 CFR 21.16 and 21.17; and 14 CFR
                                             automotive airbags, are not as likely to                                                                      hazardous to the occupant or will not
                                                                                                     11.38 and 11.19.
                                             engage the aircraft inflatable restraints                                                                     result in injuries that could impede
                                             against the interior.                                   The Special Conditions                                rapid egress. This assessment should
                                                There are no known fatalities or                                                                           include occupants whose restraint is
                                             significant injuries from aircraft                         The FAA has determined that this                   loosely fastened.
                                             inflatable restraints that are attributable             project will be accomplished on the                      g. It must be shown that an
                                             only to the airbag deployment itself. By                basis of not lowering the current level               inadvertent deployment that could
                                             nature, the inflatable restraints move                  of safety of the SOCATA, Model TBM                    cause injury to a standing or sitting
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                                             away from the occupant, so injury to the                700 airplane occupant restraint systems.              person is improbable. In addition, the
                                             occupant from deployment is very                        Accordingly, pursuant to the authority                restraint must also provide suitable
                                             unlikely. Smaller occupants and                         delegated to me by the Administrator,                 visual warnings that would alert rescue
                                             children are still recommended to ride                  the following special conditions are                  personnel to the presence of an
                                                                                                     issued as part of the type certification              inflatable restraint system.
                                               1 https://www.regulations.gov/document?D=FAA-         basis for the SOCATA, Model TBM 700                      h. It must be shown that the inflatable
                                             2016-9172-0001.                                         airplane.                                             restraint will not impede rapid egress of


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                                             89846            Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations

                                             the occupants 10 seconds after its                      DATES:  The final rule will become                    Subpart C—Privacy Act Policies and
                                             deployment.                                             effective December 13, 2016.                          Procedures [Reserved]
                                                i. To comply with HIRF and lightning                 FOR FURTHER INFORMATION CONTACT:                      2004.10 through 2004.29 [Reserved]
                                             requirements, the inflatable restraint                  Janice Kaye, Monique Ricker or Melissa                Subpart D—Production or Disclosure of
                                             system is considered a critical system                  Keppel, Office of General Counsel,                    USTR Records, Information and Employee
                                             since its deployment could have a                       United States Trade Representative,                   Testimony in Legal Proceedings
                                             hazardous effect on the airplane.                       Anacostia Naval Annex, Building 410/                  2004.30 Purpose and scope.
                                                j. It must be shown that the inflatable              Door 123, 250 Murray Lane SW.,                        2004.31 Definitions.
                                             restraints will not release hazardous                   Washington, DC 20509, jkaye@                          2004.32 Production prohibited unless
                                             quantities of gas or particulate matter                 ustr.eop.gov; mricker@ustr.eop.gov;                       approved.
                                             into the cabin.                                         mkeppel@ustr.eop.gov; 202–395–3150.                   2004.33 Factors the General Counsel may
                                                k. The inflatable restraint system                                                                             consider.
                                             installation must be protected from the                 SUPPLEMENTARY INFORMATION: On                         2004.34 Submitting demands and requests.
                                             effects of fire such that no hazard to                  September 22, 2016, USTR published a                  2004.35 Processing demands and requests.
                                             occupants will result.                                  proposed rule to add subparts A and D                 2004.36 Restrictions that apply to
                                                l. There must be a means to verify the               to part 2004. See 81 FR 65309. The 60-                    testimony.
                                                                                                     day comment period ended on                           2004.37 Restrictions that apply to released
                                             integrity of the inflatable restraint                                                                             records or information.
                                             activation system before each flight or it              November 21, 2016. USTR did not
                                                                                                                                                           2004.38 In the event of an adverse ruling.
                                             must be demonstrated to reliably                        receive any comments. We have made                    2004.39 Fees.
                                             operate between inspection intervals.                   one non-substantive change to the
                                                m. A life limit must be established for              proposed rule. In subpart A, which                    Subpart A—Definitions
                                             appropriate system components.                          contain definitions used throughout part
                                                n. Qualification testing of the internal             2004, we added a new term—‘‘OGIS’’—                     Authority: 19 U.S.C. 2171(e)(3).
                                             firing mechanism must be performed at                   which means the Office of Government
                                             vibration levels appropriate for a general              Information Services of the National                  § 2004.0    Definitions.
                                             aviation airplane.                                      Archives and Records Administration.                    For purposes of this part:
                                               Issued in Kansas City, Missouri, on                   OGIS, offers FOIA dispute resolution                    Days, unless otherwise indicated,
                                             December 6, 2016.                                       services. For convenience, the entire                 means working days, and does not
                                             Kelly Broadway,                                         text of the final rule is set out below.              include Saturdays, Sundays, and legal
                                             Acting Manager, Small Airplane Directorate,                                                                   public holidays. If the last day of a
                                                                                                     Regulatory Flexibility Act
                                             Aircraft Certification Service.                                                                               specified period falls on a Saturday,
                                             [FR Doc. 2016–29769 Filed 12–12–16; 8:45 am]
                                                                                                       USTR has considered the impact of                   Sunday, or legal public holiday, the
                                                                                                     the final rule and determined that it is              period will be extended until the next
                                             BILLING CODE 4910–13–P
                                                                                                     not likely to have a significant economic             working day.
                                                                                                     impact on a substantial number of small                 FOIA means the Freedom of
                                                                                                     business entities because it is applicable            Information Act, as amended, 5 U.S.C.
                                             OFFICE OF THE UNITED STATES                             only to USTR’s internal operations and                552.
                                             TRADE REPRESENTATIVE                                    legal obligations. See 5 U.S.C. 601 et                  Privacy Act means the Privacy Act of
                                             15 CFR Part 2004                                        seq.                                                  1974, as amended, 5 U.S.C. 552a.
                                                                                                     Paperwork Reduction Act                                 OGIS means the Office of Government
                                             [Docket Number USTR–2016–0016]                                                                                Information Services of the National
                                             RIN 0350–AA10                                             The final rule does not contain any                 Archives and Records Administration,
                                                                                                     information collection requirement that               which offers FOIA dispute resolution
                                             Production or Disclosure of Records,                    requires the approval of the Office of                services.
                                             Information and Employee Testimony                      Management and Budget under the                         USTR means the Office of the United
                                             in Legal Proceedings                                    Paperwork Reduction Act (44 U.S.C.                    States Trade Representative.
                                                                                                     3501 et seq.).
                                             AGENCY:  Office of the United States                                                                          Subpart B—Freedom of Information
                                             Trade Representative.                                   List of Subjects in 15 CFR Part 2004                  Act Policies and Procedures
                                             ACTION: Final rule.                                       Administrative practice and                         [Reserved]
                                             SUMMARY:    This rule adds subparts A and               procedure, Courts, Disclosure,
                                                                                                                                                           §§ 2004.1 through 2004.9   [Reserved]
                                             D to part 2004 of the Office of the                     Exemptions, Freedom of information,
                                             United States Trade Representative’s                    Government employees, Privacy,                        Subpart C—Privacy Act Policies and
                                             (USTR) regulations. Subpart A contains                  Records, Subpoenas, Testimony.                        Procedures [Reserved]
                                             definitions used throughout part 2004.                  ■ For the reasons stated in the preamble,
                                                                                                                                                           §§ 2004.10 through 2004.29    [Reserved]
                                             Subpart D governs how USTR responds                     the Office of the United States Trade
                                             to official demands and informal                        Representative is revising part 2004 of               Subpart D—Production or Disclosure
                                             requests for records, information or                    chapter XX of title 15 of the Code of                 of USTR Records, Information and
                                             employee testimony in connection with                   Federal Regulations to read as follows:               Employee Testimony in Legal
                                             legal proceedings in which neither the                                                                        Proceedings
                                             United States nor USTR is a party. It                   PART 2004—DISCLOSURE OF
                                             includes the requirements and                           RECORDS AND INFORMATION
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                                                                                                                                                             Authority: 5 U.S.C. 301; 19 U.S.C.
                                             procedures for demanding or requesting                  Subpart A—Definitions                                 2171(e)(3).
                                             parties to submit demands or requests,
                                             and factors for USTR to consider in                     Sec.                                                  § 2004.30    Purpose and scope.
                                                                                                     2004.0 Definitions.
                                             determining whether USTR employees                                                                              (a) Why are we issuing this rule? This
                                             will provide records, information or                    Subpart B—Freedom of Information Act                  subpart establishes the procedures
                                             testimony relating to their official                    Policies and Procedures [Reserved]                    USTR will follow when any federal,
                                             duties.                                                 2004.1 through 2004.9 [Reserved]                      state or local government court or other


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Document Created: 2016-12-13 02:44:23
Document Modified: 2016-12-13 02:44:23
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.
DatesThese special conditions are effective December 13, 2016 and are applicable on December 6, 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 89843 
CFR AssociatedAircraft; Aviation Safety and Signs and Symbols

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