82 FR 21110 - Special Conditions: AMAC Aerospace Switzerland AG, Boeing Model 737-700 Airplane; Installation of a Therapeutic Oxygen System for Medical Use

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 86 (May 5, 2017)

Page Range		21110-21111
FR Document		2017-09173

These special conditions are issued for the Boeing Model 737- 700 airplane, as modified by AMAC Aerospace Switzerland AG (AMAC). This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is the installation of a therapeutic oxygen system for medical use. 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 82 Issue 86 (Friday, May 5, 2017)

[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21110-21111]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-09173]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0341; Special Conditions No. 25-663-SC]

Special Conditions: AMAC Aerospace Switzerland AG, Boeing Model
737-700 Airplane; Installation of a Therapeutic Oxygen System for
Medical Use

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 737-
700 airplane, as modified by AMAC Aerospace Switzerland AG (AMAC). This
airplane will have a novel or unusual design feature when compared to
the state of technology envisioned in the airworthiness standards for
transport-category airplanes. This design feature is the installation
of a therapeutic oxygen system for medical use. 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: This action is effective on AMAC Aerospace Switzerland AG on May
5, 2017. We must receive your comments by June 19, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0341
using any of the following methods:
Federal eRegulations Portal: Go to http://www.regulations.gov/and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478).
Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Bob Hettman, FAA, Propulsion and
Mechanical Systems, ANM-112, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2683; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane.
In addition, the substance of these special conditions has been
previously subject to the public comment process with no substantive
comments received. The FAA therefore finds it unnecessary to delay the
effective date and finds that good cause exists for making these
special conditions effective upon publication in the Federal Register.

Comments Invited

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

Background

On September 7, 2016, AMAC applied for a supplemental type
certificate (STC) for the installation of a supplemental therapeutic
oxygen system, for medical use, in a Boeing Model 737-700 airplane
configured by a separate STC with a business-cabin interior. This
Boeing Model 737-700 airplane, as modified by AMAC, is a narrow-body,
business-cabin interior, twin jet-engine powered airplane with seating
for 15 passengers, 1 cabin crewmember, and four flightcrew members. The
maximum takeoff weight is 171,000 pounds.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, AMAC must show that the Boeing Model 737-700 airplane, as
changed, continues to meet the applicable provisions of the regulations
listed in Type Certificate No. A16WE or the applicable regulations in
effect on the date of application for the change, except for earlier
amendments as agreed upon by the FAA.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-700 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.

[[Page 21111]]

Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec. 21.101.
In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-700 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.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type
certification basis under Sec. 21.101.

Novel or Unusual Design Features

The Boeing Model 737-700 airplane, as changed, will incorporate the
following novel or unusual design features:
The installation of a supplemental therapeutic oxygen system, for
medical use, in a private, not-for-hire, not-for-common-carriage
airplane.

Discussion

AMAC has applied to modify a private business jet, a Boeing 737-700
airplane, to include an oxygen supply for a dedicated medical-oxygen
system. The gaseous passenger-oxygen system will be modified to include
additional supply cylinders and several therapeutic oxygen outlets
located throughout the airplane cabin. Each therapeutic outlet will
provide a constant flow of oxygen at either 2 or 4 liters per minute.
The flightcrew controls the flow of therapeutic oxygen at all times
during flight. Therapeutic oxygen systems have been previously
certified and were generally considered an extension of the passenger-
oxygen system for the purpose of defining the applicable regulations.
As a result, the applicable regulations included those that applied to
oxygen systems in general, or supplemental oxygen systems.
Section 25.1445 includes standards for oxygen-distribution systems
when oxygen is supplied to crew and passengers. If a common source of
supply is used, Sec. 25.1445(a)(2) requires a means to separately
reserve the minimum supply required for the flightcrew. This
requirement was originally added to Civil Air Regulation (CAR) 4b.831
at amendment 4b-13, effective September 21, 1949, and was included in
Sec. 25.1445 when the regulations were codified.
The regulation is intended to protect the flightcrew by ensuring
that an adequate supply of oxygen is available to complete a descent
and land following a loss of cabin pressure. When the regulation was
written, the only passenger-oxygen system designs were supplemental-
oxygen systems intended to protect passengers from hypoxia in the event
of cabin decompression. Present designs of passenger-oxygen systems do
not include design features that allow the crew to offer oxygen to
passengers during flight.
Furthermore, the potential hazard that can exist when the oxygen
content of an enclosed area becomes too high because of system leaks,
malfunction, or damage from external sources, make it necessary to
ensure that adequate safety standards are applied to the design and
installation of the oxygen system. These potential hazards also
necessitate development and application of appropriate additional
design and installation standards.
These special conditions contain the additional safety standards
that the Administrator considers necessary to establish a level of
safety equivalent to that established by the existing airworthiness
standards.

Applicability

As discussed above, these special conditions are applicable to the
Boeing Model 737-700 airplane. Should AMAC apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate no. A16WE to incorporate the same novel or unusual
design feature, these special conditions would apply to that model as
well.

Conclusion

This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability and
affects only the applicant who applied to the FAA for approval of this
feature on the airplane.
The substance of these special conditions has been subject to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, which is
imminent, the FAA has determined that prior public notice and comment
are unnecessary and impracticable, and good cause exists for adopting
these special conditions upon publication in the Federal Register.
The FAA is requesting comments to allow interested persons to
submit views that may not have been submitted in response to the prior
opportunities for comment described above.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

The authority citation for these special conditions is as follows:

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

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Boeing Model 737-700 airplanes as
modified by AMAC Aerospace Switzerland AG.
The distribution system for the therapeutic-oxygen system must be
designed and installed to meet requirements similar to Sec. 25.1445(a)
as follows:
When oxygen is supplied to passengers for both supplemental and
therapeutic purposes, the distribution system must be designed for
either--
1. A source of supplemental supply for protection from hypoxia
following a loss of cabin pressure, and a separate source for
therapeutic purposes, or
2. A common source of supply, with means to separately reserve the
minimum supply required by the passengers for supplemental use
following a loss of cabin pressure.

Issued in Renton, Washington, on April 27, 2017.
Paul Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-09173 Filed 5-4-17; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations 21111

Special conditions are initially included in § 25.1445 when the special conditions upon publication in
applicable to the model for which they regulations were codified. the Federal Register.
are issued. Should the applicant apply The regulation is intended to protect The FAA is requesting comments to
for a supplemental type certificate to the flightcrew by ensuring that an allow interested persons to submit
modify any other model included on the adequate supply of oxygen is available views that may not have been submitted
same type certificate to incorporate the to complete a descent and land in response to the prior opportunities
same novel or unusual design feature, following a loss of cabin pressure. When for comment described above.
these special conditions would also the regulation was written, the only
passenger-oxygen system designs were List of Subjects in 14 CFR Part 25
apply to the other model under § 21.101.
In addition to the applicable supplemental-oxygen systems intended Aircraft, Aviation safety, Reporting
airworthiness regulations and special to protect passengers from hypoxia in and recordkeeping requirements.
conditions, the Boeing Model 737–700 the event of cabin decompression. The authority citation for these
airplane must comply with the fuel-vent Present designs of passenger-oxygen special conditions is as follows:
and exhaust-emission requirements of systems do not include design features
Authority: 49 U.S.C. 106(g), 40113, 44701,
14 CFR part 34 and the noise- that allow the crew to offer oxygen to
44702, 44704.
certification requirements of 14 CFR passengers during flight.
part 36. Furthermore, the potential hazard that The Special Conditions
The FAA issues special conditions, as can exist when the oxygen content of an Accordingly, pursuant to the
defined in 14 CFR 11.19, in accordance enclosed area becomes too high because authority delegated to me by the
with § 11.38, and they become part of of system leaks, malfunction, or damage Administrator, the following special
the type certification basis under from external sources, make it necessary conditions are issued as part of the type
§ 21.101. to ensure that adequate safety standards certification basis for Boeing Model
are applied to the design and 737–700 airplanes as modified by
Novel or Unusual Design Features installation of the oxygen system. These AMAC Aerospace Switzerland AG.
The Boeing Model 737–700 airplane, potential hazards also necessitate The distribution system for the
as changed, will incorporate the development and application of therapeutic-oxygen system must be
following novel or unusual design appropriate additional design and designed and installed to meet
features: installation standards. requirements similar to § 25.1445(a) as
These special conditions contain the
The installation of a supplemental follows:
additional safety standards that the
therapeutic oxygen system, for medical When oxygen is supplied to
Administrator considers necessary to
use, in a private, not-for-hire, not-for- passengers for both supplemental and
establish a level of safety equivalent to
common-carriage airplane. therapeutic purposes, the distribution
that established by the existing
Discussion system must be designed for either—
airworthiness standards.
1. A source of supplemental supply
AMAC has applied to modify a Applicability for protection from hypoxia following a
private business jet, a Boeing 737–700 As discussed above, these special loss of cabin pressure, and a separate
airplane, to include an oxygen supply conditions are applicable to the Boeing source for therapeutic purposes, or
for a dedicated medical-oxygen system. Model 737–700 airplane. Should AMAC 2. A common source of supply, with
The gaseous passenger-oxygen system apply at a later date for a supplemental means to separately reserve the
will be modified to include additional type certificate to modify any other minimum supply required by the
supply cylinders and several model included on Type Certificate no. passengers for supplemental use
therapeutic oxygen outlets located A16WE to incorporate the same novel or following a loss of cabin pressure.
throughout the airplane cabin. Each unusual design feature, these special Issued in Renton, Washington, on April 27,
therapeutic outlet will provide a conditions would apply to that model as 2017.
constant flow of oxygen at either 2 or 4 well. Paul Bernado,
liters per minute.
Conclusion Acting Manager, Transport Airplane
The flightcrew controls the flow of Directorate, Aircraft Certification Service.
therapeutic oxygen at all times during This action affects only certain novel [FR Doc. 2017–09173 Filed 5–4–17; 8:45 am]
flight. Therapeutic oxygen systems have or unusual design features on one model BILLING CODE 4910–13–P
been previously certified and were of airplane. It is not a rule of general
generally considered an extension of the applicability and affects only the
passenger-oxygen system for the applicant who applied to the FAA for DEPARTMENT OF TRANSPORTATION
purpose of defining the applicable approval of this feature on the airplane.
regulations. As a result, the applicable The substance of these special Federal Aviation Administration
regulations included those that applied conditions has been subject to the notice
to oxygen systems in general, or and comment period in several prior 14 CFR Part 39
supplemental oxygen systems. instances and has been derived without
Section 25.1445 includes standards substantive change from those [Docket No. FAA–2015–0165; Directorate
Identifier 2015–NE–02–AD; Amendment 39–
for oxygen-distribution systems when previously issued. It is unlikely that 18868; AD 2017–09–06]
oxygen is supplied to crew and prior public comment would result in a
passengers. If a common source of significant change from the substance RIN 2120–AA64
jstallworth on DSK7TPTVN1PROD with RULES

supply is used, § 25.1445(a)(2) requires contained herein. Therefore, because a
a means to separately reserve the delay would significantly affect the Airworthiness Directives; General
minimum supply required for the certification of the airplane, which is Electric Company Turbofan Engines
flightcrew. This requirement was imminent, the FAA has determined that AGENCY: Federal Aviation
originally added to Civil Air Regulation prior public notice and comment are Administration (FAA), DOT.
(CAR) 4b.831 at amendment 4b–13, unnecessary and impracticable, and
ACTION: Final rule.
effective September 21, 1949, and was good cause exists for adopting these

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Document Created: 2018-11-08 08:39:05
Document Modified: 2018-11-08 08:39:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final special conditions; request for comments.
Dates		This action is effective on AMAC Aerospace Switzerland AG on May 5, 2017. We must receive your comments by June 19, 2017.
Contact		Bob Hettman, FAA, Propulsion and Mechanical Systems, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057- 3356; telephone 425-227-2683; facsimile 425-227-1320.
FR Citation		82 FR 21110
CFR Associated		Aircraft; Aviation Safety and Reporting and Recordkeeping Requirements

82 FR 21110 - Special Conditions: AMAC Aerospace Switzerland AG, Boeing Model 737-700 Airplane; Installation of a Therapeutic Oxygen System for Medical Use

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 82, Issue 86 (May 5, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration