83_FR_46275 83 FR 46098 - Special Conditions: The Boeing Company (Boeing), Model 787-8, 787-9, and 787-10 Series Airplanes; Dynamic Test Requirements for Single-Occupant, Oblique (Side-Facing) Seats With or Without Airbag Devices or 3-Point Restraints

83 FR 46098 - Special Conditions: The Boeing Company (Boeing), Model 787-8, 787-9, and 787-10 Series Airplanes; Dynamic Test Requirements for Single-Occupant, Oblique (Side-Facing) Seats With or Without Airbag Devices or 3-Point Restraints

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 177 (September 12, 2018)

Page Range46098-46101
FR Document2018-19753

These amended special conditions are issued for the Boeing Model 787-8, 787-9, and 787-10 series airplanes. This amendment states that the Boeing Model 787-8, 787-9, and 787-10 series airplanes oblique (side-facing) seats may be installed at an angle of 18 to 45 degrees to the airplane centerline and may include a 3-point or airbag restraint system, or both, for occupant restraint and injury protection. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features are oblique (side- facing) single-occupant seats equipped with airbag devices or 3-point restraints. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for these design features. These special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Federal Register, Volume 83 Issue 177 (Wednesday, September 12, 2018)
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46098-46101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19753]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

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


Special Conditions: The Boeing Company (Boeing), Model 787-8, 
787-9, and 787-10 Series Airplanes; Dynamic Test Requirements for 
Single-Occupant, Oblique (Side-Facing) Seats With or Without Airbag 
Devices or 3-Point Restraints

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Amended final special conditions; request for comments.

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

SUMMARY: These amended special conditions are issued for the Boeing 
Model 787-8, 787-9, and 787-10 series airplanes. This amendment states 
that the Boeing Model 787-8, 787-9, and 787-10 series airplanes oblique 
(side-facing) seats may be installed at an angle of 18 to 45 degrees to 
the airplane centerline and may include a 3-point or airbag restraint 
system, or both, for occupant restraint and injury protection. This 
airplane will have novel or unusual design features when compared to 
the state of technology envisioned in the airworthiness standards for 
transport category airplanes. These design features are oblique (side-
facing) single-occupant seats equipped with airbag devices or 3-point 
restraints. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for these design features. 
These special conditions contain the additional safety standards the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: This action is effective on Boeing on September 12, 2018. Send 
comments on or before October 29, 2018.

ADDRESSES: Send comments identified by Docket No. FAA-2016-5909 using 
any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket website, 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

[[Page 46099]]

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: John Shelden, Airframe and Cabin 
Safety Section, AIR-675, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3214; email [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been published in the Federal Register for public comment in 
several prior instances 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 November 22, 2017, Boeing applied for a change to Type 
Certificate No. T00021SE for the installation of oblique (side-facing) 
passenger seats with or without airbag devices or 3-point restraints in 
the Boeing Model 787-8, 787-9, and 787-10 series airplanes. The Boeing 
Model 787-8, 787-9, and 787-10 series airplanes are twin-engine, 
transport category airplanes with a maximum certified passenger 
capacity of up to 440, and a maximum takeoff weight of approximately 
476,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the Model 787-8, 787-9, and 787-10 
series airplanes, as changed, continue to meet the applicable 
provisions of the regulations listed in Type Certificate No. T00021SE 
or the applicable regulations in effect on the date of application for 
the change, except for earlier amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Boeing Model 787-8, 787-9, and 
787-10 series airplanes because of novel or unusual design features, 
special conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 787-8, 787-9, and 787-10 series airplanes 
must comply with the fuel vent and exhaust emission requirements of 14 
CFR part 34 and the noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The business-class seating configuration Boeing proposes is novel 
or unusual due to the seat installation at 30 degrees to the airplane 
centerline, the airbag-system installation, and the seat/occupant 
interface with the surrounding furniture that introduces occupant 
alignment and loading concerns. The proposed business-class seating 
configuration is also beyond the limits of current acceptable 
equivalent-level-of-safety findings. These oblique (side-facing) seats 
may be installed at an angle of 18 to 45 degrees to the airplane 
centerline and may include a 3-point or airbag restraint system, or 
both, for occupant restraint and injury protection.
    The existing regulations do not provide adequate or appropriate 
safety standards for occupants of oblique-angled seats with airbag 
systems. To provide a level of safety that is equivalent to that 
afforded occupants of forward- and aft-facing seats, additional 
airworthiness standards, in the form of special conditions, are 
necessary. These special conditions supplement part 25 and, more 
specifically, supplement Sec. Sec.  25.562 and 25.785.
    The requirements contained in these special conditions consist of 
both test conditions and injury pass/fail criteria.

Discussion

    The FAA has been conducting and sponsoring research on appropriate 
injury criteria for oblique (side-facing) seat installations. However, 
the FAA research program is not complete and we may update these 
criteria as we obtain further research results. To reflect current 
research findings, the FAA issued policy statement PS-ANM-25-03-R1 to 
update injury criteria for fully side-facing seats, and policy 
statement PS-AIR-25-27, to define injury criteria for oblique (side-
facing) seats.
    The proposed Boeing Model 787-8, 787-9, and 787-10 series airplanes 
business-class seat installation is novel such that the current Boeing 
Model 787-8, 787-9, and 787-10 series airplanes certification basis 
does not adequately address protection of the occupant's neck and spine 
for seat configurations that are positioned at an angle greater than 18 
degrees from the airplane centerline. The FAA issued special conditions 
No. 25-580-SC for Model 787-9 airplanes on April 14, 2015, and special 
conditions No. 25-626-SC for certain Model 787-9 airplanes on July 27, 
2016. These special conditions contained injury criteria for oblique 
seats based on the best knowledge the FAA had at the time. These 
special conditions for oblique seat installations do not adequately 
address oblique seats, reflecting the current research results, with or 
without 3-point or airbag restraint systems. Therefore, Boeing's 
proposed configuration will require amended special conditions.
    The installation of passenger seats at angles of 18 to 45 degrees 
to the airplane centerline are unique due to the seat/occupant 
interface with the surrounding furniture that introduces occupant 
alignment/loading concerns with or without the installation of a 3-
point or airbag restraint system, or both. On-going research has 
invalidated previously released special conditions for oblique (side-
facing) seat installations. These updated special conditions further 
address potential injuries to the occupant's neck and spine. As a 
result, these special conditions replace special conditions 25-580-SC 
and 25-626-SC.
    FAA-sponsored research has found that an un-restrained flailing of 
the upper torso, even when the pelvis and

[[Page 46100]]

torso are nearly aligned, can produce serious spinal and torso 
injuries. At lower impact severities, even with significant 
misalignment between the torso and pelvis, these injuries did not 
occur. Tests with an FAA H-III anthropomorphic test device (ATD) have 
identified a level of lumbar spinal tension corresponding to the no-
injury impact severity. This level of tension is included as a limit in 
the special conditions. The spine tension limit selected is 
conservative with respect to other aviation injury criteria since it 
corresponds to a no-injury loading condition.
    As noted in the special conditions for each airbag restraint 
system, because an airbag restraint system is essentially a single use 
device, there is the potential that it could deploy under crash 
conditions that are not sufficiently severe as to require head injury 
protection from the airbag restraint system. Since an actual crash is 
frequently composed of a series of impacts before the airplane comes to 
rest, this could render the airbag restraint system useless if a larger 
impact follows the initial impact. This situation does not exist with 
energy absorbing pads or upper torso restraints, which tend to provide 
protection according to the severity of the impact. Therefore, the 
installation of the airbag restraint system should be such that the 
airbag restraint system will provide protection when it is required, 
and will not expend its protection when it is not needed.
    Because these airbag restraint systems may or may not activate 
during various crash conditions, the injury criteria listed in these 
special conditions and in Sec.  25.562 must be met in an event that is 
slightly below the activation level of the airbag restraint system. If 
an airbag restraint system is included with the oblique seats, the 
system must meet the requirements in one of the airbag (inflatable 
restraint) special conditions applicable to the Boeing Model 787-8, 
787-9, and 787-10 series airplanes.
    These amended special conditions will provide head injury criteria, 
neck injury criteria, spine injury criteria, and body-to-wall contact 
criteria. They 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 787-8, 787-9, and 787-10 series airplanes. Should Boeing 
apply at a later date for a change to the type certificate to include 
another model incorporating the same novel or unusual design feature, 
these special conditions would apply to that model as well.

Conclusion

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

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 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 Boeing Model 787-8, 787-9, and 
787-10 series airplanes.

Side-Facing Seats Special Conditions

    In addition to the requirements of Sec.  25.562:

1. Head Injury Criteria

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

2. Body-to-Wall/Furnishing Contact

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

3. Neck Injury Criteria

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

i. Fzc = 1,530 lb for tension
ii. Fzc = 1,385 lb for compression
iii. Myc = 229 lb-ft in flexion
iv. Myc = 100 lb-ft in extension

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

4. Spine and Torso Injury Criteria

    a. The lumbar spine tension (Fz) cannot exceed 1,200 lb.
    b. Significant concentrated loading on the occupant's spine, in the 
area between the pelvis and shoulders during impact, including rebound, 
is not acceptable. During this type of contact, the interval for any 
rearward (X direction) acceleration exceeding 20g must be less than 3 
milliseconds as measured by the thoracic instrumentation specified in 
49 CFR part 572, subpart E filtered in accordance with SAE 
International (SAE) recommended practice J211/1, ``Instrumentation for 
Impact Test--Part 1-Electronic Instrumentation.''
    c. The occupant must not interact with the armrest or other seat 
components in any manner significantly different than would be expected 
for a forward-facing seat installation.

[[Page 46101]]

5. Pelvis Criteria

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

6. Femur Criteria

    Axial rotation of the upper leg (about the z-axis of the femur per 
SAE Recommended Practice J211/1) must be limited to 35 degrees from the 
nominal seated position. Evaluation during rebound does not need to be 
considered.

7. ATD and Test Conditions

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

    Note:  Boeing must demonstrate that the installation of seats 
via plinths or pallets meets all applicable requirements. Compliance 
with the guidance contained in policy memorandum PS-ANM-100-2000-
00123, ``Guidance for Demonstrating Compliance with Seat Dynamic 
Testing for Plinths and Pallets,'' dated February 2, 2000, is 
acceptable to the FAA.

8. Inflatable Airbag Restraint Systems Special Conditions

    If inflatable airbag restraint systems are installed, the airbag 
systems must meet the requirements in one of the airbag (inflatable 
restraint) special conditions applicable to the Boeing Model 787-8, 
787-9 and 787-10 series airplanes.

    Issued in Des Moines, Washington, on September 5, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-19753 Filed 9-11-18; 8:45 am]
 BILLING CODE 4910-13-P



                                             46098        Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations

                                                (i) Collect no information of a                        (3) The head of each office of the                  ACTION: Amended final special
                                             personal nature from individuals unless                 CFPB shall, at least annually, review the             conditions; request for comments.
                                             authorized to collect it to achieve a                   record systems subject to their
                                             function or carry out a responsibility of               supervision to ensure compliance with                 SUMMARY:   These amended special
                                             the CFPB;                                               the provisions of the Privacy Act of                  conditions are issued for the Boeing
                                                (ii) Collect information, to the extent              1974 and the regulations in this subpart.             Model 787–8, 787–9, and 787–10 series
                                             practicable, directly from the individual                                                                     airplanes. This amendment states that
                                             to whom it relates;                                     § 1070.62    Preservation of records.                 the Boeing Model 787–8, 787–9, and
                                                (iii) Inform each individual asked to                   The CFPB will preserve all                         787–10 series airplanes oblique (side-
                                             supply information, on the form used to                 correspondence pertaining to the                      facing) seats may be installed at an angle
                                             collect the information or on a separate                requests that it receives under this part,            of 18 to 45 degrees to the airplane
                                             form that can be retained by the                        as well as copies of all requested                    centerline and may include a 3-point or
                                             individual of—                                          records, until disposition or destruction             airbag restraint system, or both, for
                                                (A) The authority (whether granted by                is authorized by title 44 of the United               occupant restraint and injury protection.
                                             statute, or by executive order of the                   States Code or the National Archives                  This airplane will have novel or
                                             President) which authorizes the                         and Records Administration’s General                  unusual design features when compared
                                             solicitation of the information and                     Records Schedule 14. Records will not                 to the state of technology envisioned in
                                             whether disclosure of such information                  be disposed of or destroyed while they                the airworthiness standards for
                                             is mandatory or voluntary;                              are the subject of a pending request,                 transport category airplanes. These
                                                (B) The principal purpose or purposes                appeal, proceeding, or lawsuit.                       design features are oblique (side-facing)
                                             for which the information is intended to                                                                      single-occupant seats equipped with
                                             be used;                                                § 1070.63 Use and collection of Social                airbag devices or 3-point restraints. The
                                                                                                     Security numbers.                                     applicable airworthiness regulations do
                                                (C) The routine uses which may be
                                             made of the information, as published                      The CFPB will ensure that employees                not contain adequate or appropriate
                                             pursuant to 5 U.S.C. 552a(e)(4)(D); and                 authorized to collect information are                 safety standards for these design
                                                (D) The effects on the individual, if                aware:                                                features. These special conditions
                                             any, of not providing all or any part of                   (a) That individuals may not be                    contain the additional safety standards
                                             the requested information;                              denied any right, benefit, or privilege as            the Administrator considers necessary
                                                (iv) Not collect, maintain, use or                   a result of refusing to provide their                 to establish a level of safety equivalent
                                             disseminate information concerning an                   Social Security numbers, unless the                   to that established by the existing
                                             individual’s religious or political beliefs             collection is authorized either by a                  airworthiness standards.
                                             or activities or membership in                          statute or by a regulation issued prior to            DATES: This action is effective on Boeing
                                             associations or organizations, unless                   1975; and                                             on September 12, 2018. Send comments
                                             expressly authorized by statute or by the                  (b) That individuals requested to                  on or before October 29, 2018.
                                             individual about whom the record is                     provide their Social Security numbers                 ADDRESSES: Send comments identified
                                             maintained or unless pertinent to and                   must be informed of:                                  by Docket No. FAA–2016–5909 using
                                             within the scope of an authorized law                      (1) Whether providing Social Security
                                                                                                                                                           any of the following methods:
                                             enforcement activity;                                   numbers is mandatory or voluntary;                       • Federal eRegulations Portal: Go to
                                                (v) Advise their supervisors of the                     (2) Any statutory or regulatory                    http://www.regulations.gov/ and follow
                                             existence or contemplated development                   authority that authorizes the collection              the online instructions for sending your
                                             of any record system which is capable                   of Social Security numbers; and                       comments electronically.
                                             of retrieving information about                            (3) The uses that will be made of the                 • Mail: Send comments to Docket
                                             individuals by individual identifier;                   numbers.                                              Operations, M–30, U.S. Department of
                                                (vi) Assure that no records maintained                 Dated: August 30, 2018.                             Transportation (DOT), 1200 New Jersey
                                             in a CFPB system of records are                         Mick Mulvaney,                                        Avenue SE, Room W12–140, West
                                             disseminated without the permission of                  Acting Director, Bureau of Consumer                   Building Ground Floor, Washington, DC
                                             the individual about whom the record                    Financial Protection.                                 20590–0001.
                                             pertains, except when authorized by 5                   [FR Doc. 2018–19384 Filed 9–11–18; 8:45 am]              • Hand Delivery or Courier: Take
                                             U.S.C. 552a(b);                                         BILLING CODE 4810–AM–P                                comments to Docket Operations in
                                                (vii) Maintain and process                                                                                 Room W12–140 of the West Building
                                             information concerning individuals                                                                            Ground Floor at 1200 New Jersey
                                             with care in order to ensure that no                    DEPARTMENT OF TRANSPORTATION                          Avenue SE, Washington, DC, between 9
                                             inadvertent disclosure of the                                                                                 a.m. and 5 p.m., Monday through
                                             information is made either within or                    Federal Aviation Administration                       Friday, except Federal holidays.
                                             without the CFPB;                                                                                                • Fax: Fax comments to Docket
                                                (viii) Prior to disseminating any                    14 CFR Part 25                                        Operations at 202–493–2251.
                                             record about an individual to any                                                                                Privacy: The FAA will post all
                                             person other than an agency, unless the                 [Docket No. FAA–2016–5909; Special                    comments it receives, without change,
                                             dissemination is made pursuant to 5                     Conditions No. 25–626A–SC]                            to http://www.regulations.gov/,
                                             U.S.C. 552a(b)(2), make reasonable                                                                            including any personal information the
                                                                                                     Special Conditions: The Boeing
                                             efforts to assure that such records are                                                                       commenter provides. Using the search
                                                                                                     Company (Boeing), Model 787–8,
                                             accurate, complete, timely, and relevant                                                                      function of the docket website, anyone
                                                                                                     787–9, and 787–10 Series Airplanes;
                                                                                                                                                           can find and read the electronic form of
daltland on DSKBBV9HB2PROD with RULES




                                             for agency purposes; and                                Dynamic Test Requirements for Single-
                                                (ix) Assure that an accounting is kept                                                                     all comments received into any FAA
                                                                                                     Occupant, Oblique (Side-Facing) Seats
                                             in the prescribed form, of all                                                                                docket, including the name of the
                                                                                                     With or Without Airbag Devices or
                                             dissemination of personal information                                                                         individual sending the comment (or
                                                                                                     3-Point Restraints
                                             outside the CFPB, whether made orally                                                                         signing the comment for an association,
                                             or in writing, unless disclosed under 5                 AGENCY:Federal Aviation                               business, labor union, etc.). DOT’s
                                             U.S.C. 552 or subpart B of this part.                   Administration (FAA), DOT.                            complete Privacy Act Statement can be


                                        VerDate Sep<11>2014   16:01 Sep 11, 2018   Jkt 244001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\12SER1.SGM   12SER1


                                                          Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations                                        46099

                                             found in the Federal Register published                 applicable provisions of the regulations              special conditions supplement part 25
                                             on April 11, 2000 (65 FR 19477–19478).                  listed in Type Certificate No. T00021SE               and, more specifically, supplement
                                                Docket: Background documents or                      or the applicable regulations in effect on            §§ 25.562 and 25.785.
                                             comments received may be read at                        the date of application for the change,                 The requirements contained in these
                                             http://www.regulations.gov/ at any time.                except for earlier amendments as agreed               special conditions consist of both test
                                             Follow the online instructions for                      upon by the FAA.                                      conditions and injury pass/fail criteria.
                                             accessing the docket or go to Docket                       If the Administrator finds that the
                                                                                                                                                           Discussion
                                             Operations in Room W12–140 of the                       applicable airworthiness regulations
                                             West Building Ground Floor at 1200                      (i.e., 14 CFR part 25) do not contain                    The FAA has been conducting and
                                             New Jersey Avenue SE, Washington,                       adequate or appropriate safety standards              sponsoring research on appropriate
                                             DC, between 9 a.m. and 5 p.m., Monday                   for the Boeing Model 787–8, 787–9, and                injury criteria for oblique (side-facing)
                                             through Friday, except Federal holidays.                787–10 series airplanes because of novel              seat installations. However, the FAA
                                             FOR FURTHER INFORMATION CONTACT: John                   or unusual design features, special                   research program is not complete and
                                             Shelden, Airframe and Cabin Safety                      conditions are prescribed under the                   we may update these criteria as we
                                             Section, AIR–675, Transport Standards                   provisions of § 21.16.                                obtain further research results. To
                                             Branch, Policy and Innovation Division,                    Special conditions are initially                   reflect current research findings, the
                                             Aircraft Certification Service, Federal                 applicable to the model for which they                FAA issued policy statement PS–ANM–
                                             Aviation Administration, 2200 South                     are issued. Should the type certificate               25–03–R1 to update injury criteria for
                                             216th Street, Des Moines, Washington                    for that model be amended later to                    fully side-facing seats, and policy
                                             98198; telephone and fax 206–231–                       include any other model that                          statement PS–AIR–25–27, to define
                                             3214; email John.Shelden@faa.gov.                       incorporates the same novel or unusual                injury criteria for oblique (side-facing)
                                             SUPPLEMENTARY INFORMATION: The                          design feature, or should any other                   seats.
                                                                                                     model already included on the same                       The proposed Boeing Model 787–8,
                                             substance of these special conditions
                                                                                                     type certificate be modified to                       787–9, and 787–10 series airplanes
                                             has been published in the Federal
                                                                                                     incorporate the same novel or unusual                 business-class seat installation is novel
                                             Register for public comment in several
                                                                                                     design feature, these special conditions              such that the current Boeing Model
                                             prior instances with no substantive
                                                                                                     would also apply to the other model                   787–8, 787–9, and 787–10 series
                                             comments received. The FAA, therefore,
                                                                                                     under § 21.101.                                       airplanes certification basis does not
                                             finds it unnecessary to delay the
                                                                                                        In addition to the applicable                      adequately address protection of the
                                             effective date and finds that good cause
                                                                                                     airworthiness regulations and special                 occupant’s neck and spine for seat
                                             exists for making these special
                                                                                                     conditions, the Boeing Model 787–8,                   configurations that are positioned at an
                                             conditions effective upon publication in
                                                                                                     787–9, and 787–10 series airplanes must               angle greater than 18 degrees from the
                                             the Federal Register.
                                                                                                     comply with the fuel vent and exhaust                 airplane centerline. The FAA issued
                                             Comments Invited                                        emission requirements of 14 CFR part                  special conditions No. 25–580–SC for
                                               We invite interested people to take                   34 and the noise certification                        Model 787–9 airplanes on April 14,
                                             part in this rulemaking by sending                      requirements of 14 CFR part 36.                       2015, and special conditions No. 25–
                                             written comments, data, or views. The                      The FAA issues special conditions, as              626–SC for certain Model 787–9
                                             most helpful comments reference a                       defined in 14 CFR 11.19, in accordance                airplanes on July 27, 2016. These
                                             specific portion of the special                         with § 11.38, and they become part of                 special conditions contained injury
                                             conditions, explain the reason for any                  the type certification basis under                    criteria for oblique seats based on the
                                             recommended change, and include                         § 21.101.                                             best knowledge the FAA had at the
                                             supporting data. We will consider all                                                                         time. These special conditions for
                                                                                                     Novel or Unusual Design Features                      oblique seat installations do not
                                             comments we receive by the closing
                                             date for comments. We may change                           The business-class seating                         adequately address oblique seats,
                                             these special conditions based on the                   configuration Boeing proposes is novel                reflecting the current research results,
                                             comments we receive.                                    or unusual due to the seat installation               with or without 3-point or airbag
                                                                                                     at 30 degrees to the airplane centerline,             restraint systems. Therefore, Boeing’s
                                             Background                                              the airbag-system installation, and the               proposed configuration will require
                                               On November 22, 2017, Boeing                          seat/occupant interface with the                      amended special conditions.
                                             applied for a change to Type Certificate                surrounding furniture that introduces                    The installation of passenger seats at
                                             No. T00021SE for the installation of                    occupant alignment and loading                        angles of 18 to 45 degrees to the airplane
                                             oblique (side-facing) passenger seats                   concerns. The proposed business-class                 centerline are unique due to the seat/
                                             with or without airbag devices or 3-                    seating configuration is also beyond the              occupant interface with the surrounding
                                             point restraints in the Boeing Model                    limits of current acceptable equivalent-              furniture that introduces occupant
                                             787–8, 787–9, and 787–10 series                         level-of-safety findings. These oblique               alignment/loading concerns with or
                                             airplanes. The Boeing Model 787–8,                      (side-facing) seats may be installed at an            without the installation of a 3-point or
                                             787–9, and 787–10 series airplanes are                  angle of 18 to 45 degrees to the airplane             airbag restraint system, or both. On-
                                             twin-engine, transport category                         centerline and may include a 3-point or               going research has invalidated
                                             airplanes with a maximum certified                      airbag restraint system, or both, for                 previously released special conditions
                                             passenger capacity of up to 440, and a                  occupant restraint and injury protection.             for oblique (side-facing) seat
                                             maximum takeoff weight of                                  The existing regulations do not                    installations. These updated special
                                             approximately 476,000 lbs.                              provide adequate or appropriate safety                conditions further address potential
                                                                                                     standards for occupants of oblique-
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                                                                                                                                                           injuries to the occupant’s neck and
                                             Type Certification Basis                                angled seats with airbag systems. To                  spine. As a result, these special
                                                Under the provisions of title 14, Code               provide a level of safety that is                     conditions replace special conditions
                                             of Federal Regulations (14 CFR) 21.101,                 equivalent to that afforded occupants of              25–580–SC and 25–626–SC.
                                             Boeing must show that the Model 787–                    forward- and aft-facing seats, additional                FAA-sponsored research has found
                                             8, 787–9, and 787–10 series airplanes, as               airworthiness standards, in the form of               that an un-restrained flailing of the
                                             changed, continue to meet the                           special conditions, are necessary. These              upper torso, even when the pelvis and


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                                             46100        Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations

                                             torso are nearly aligned, can produce                   to include another model incorporating                2. Body-to-Wall/Furnishing Contact
                                             serious spinal and torso injuries. At                   the same novel or unusual design                         If a seat is installed aft of structure
                                             lower impact severities, even with                      feature, these special conditions would               (e.g., an interior wall or furnishing) that
                                             significant misalignment between the                    apply to that model as well.                          does not provide a homogenous contact
                                             torso and pelvis, these injuries did not                                                                      surface for the expected range of
                                             occur. Tests with an FAA H–III                          Conclusion
                                                                                                                                                           occupants and yaw angles, then
                                             anthropomorphic test device (ATD)                         This action affects only certain novel              additional analysis and/or test(s) may be
                                             have identified a level of lumbar spinal                or unusual design features on one model               required to demonstrate that the injury
                                             tension corresponding to the no-injury                  airplane. It is not a rule of general                 criteria are met for the area that an
                                             impact severity. This level of tension is               applicability.                                        occupant could contact. For example, if
                                             included as a limit in the special                                                                            different yaw angles could result in
                                             conditions. The spine tension limit                       The substance of these special
                                                                                                     conditions has been subjected to the                  different airbag performance, then
                                             selected is conservative with respect to
                                                                                                     notice and comment period in several                  additional analysis or separate test(s)
                                             other aviation injury criteria since it
                                                                                                     prior instances and has been derived                  may be necessary to evaluate
                                             corresponds to a no-injury loading
                                                                                                     without substantive change from those                 performance.
                                             condition.
                                                As noted in the special conditions for               previously issued. It is unlikely that                3. Neck Injury Criteria
                                             each airbag restraint system, because an                prior public comment would result in a
                                                                                                     significant change from the substance                    The seating system must protect the
                                             airbag restraint system is essentially a                                                                      occupant from experiencing serious
                                             single use device, there is the potential               contained herein. Therefore, because a
                                                                                                     delay would significantly affect the                  neck injury. The assessment of neck
                                             that it could deploy under crash
                                                                                                     certification of the airplane, which is               injury must be conducted with the
                                             conditions that are not sufficiently
                                                                                                     imminent, the FAA has determined that                 airbag device activated, unless there is
                                             severe as to require head injury
                                                                                                     prior public notice and comment are                   reason to also consider that the neck-
                                             protection from the airbag restraint
                                                                                                     unnecessary and impracticable, and                    injury potential would be higher for
                                             system. Since an actual crash is
                                                                                                     good cause exists for adopting these                  impacts below the airbag-device
                                             frequently composed of a series of
                                                                                                     special conditions upon publication in                deployment threshold.
                                             impacts before the airplane comes to
                                                                                                     the Federal Register. The FAA is                         a. The Nij (calculated in accordance
                                             rest, this could render the airbag
                                                                                                     requesting comments to allow interested               with 49 CFR 571.208) must be below
                                             restraint system useless if a larger
                                                                                                     persons to submit views that may not                  1.0, where Nij = Fz/Fzc + My/Myc, and Nij
                                             impact follows the initial impact. This
                                                                                                     have been submitted in response to the                critical values are:
                                             situation does not exist with energy
                                             absorbing pads or upper torso restraints,               prior opportunities for comment                       i. Fzc = 1,530 lb for tension
                                             which tend to provide protection                        described above.                                      ii. Fzc = 1,385 lb for compression
                                             according to the severity of the impact.                                                                      iii. Myc = 229 lb-ft in flexion
                                                                                                     List of Subjects in 14 CFR Part 25                    iv. Myc = 100 lb-ft in extension
                                             Therefore, the installation of the airbag
                                             restraint system should be such that the                  Aircraft, Aviation safety, Reporting                  b. In addition, peak Fz must be below
                                             airbag restraint system will provide                    and recordkeeping requirements.                       937 lb in tension and 899 lb in
                                             protection when it is required, and will                                                                      compression.
                                             not expend its protection when it is not                Authority Citation                                      c. Rotation of the head about its
                                             needed.                                                                                                       vertical axis, relative to the torso, is
                                                Because these airbag restraint systems                 The authority citation for these                    limited to 105 degrees in either
                                             may or may not activate during various                  special conditions is as follows:                     direction from forward-facing.
                                             crash conditions, the injury criteria                     Authority: 49 U.S.C. 106(f), 106(g), 40113,           d. The neck must not impact any
                                             listed in these special conditions and in               44701, 44702, 44704.                                  surface that would produce
                                             § 25.562 must be met in an event that is                                                                      concentrated loading on the neck.
                                                                                                     The Special Conditions
                                             slightly below the activation level of the                                                                    4. Spine and Torso Injury Criteria
                                             airbag restraint system. If an airbag                     Accordingly, pursuant to the
                                             restraint system is included with the                   authority delegated to me by the                         a. The lumbar spine tension (Fz)
                                             oblique seats, the system must meet the                 Administrator, the following special                  cannot exceed 1,200 lb.
                                             requirements in one of the airbag                       conditions are issued as part of the type                b. Significant concentrated loading on
                                             (inflatable restraint) special conditions               certification basis for Boeing Boeing                 the occupant’s spine, in the area
                                             applicable to the Boeing Model 787–8,                   Model 787–8, 787–9, and 787–10 series                 between the pelvis and shoulders
                                             787–9, and 787–10 series airplanes.                     airplanes.                                            during impact, including rebound, is
                                                These amended special conditions                                                                           not acceptable. During this type of
                                             will provide head injury criteria, neck                 Side-Facing Seats Special Conditions                  contact, the interval for any rearward (X
                                             injury criteria, spine injury criteria, and                                                                   direction) acceleration exceeding 20g
                                                                                                       In addition to the requirements of                  must be less than 3 milliseconds as
                                             body-to-wall contact criteria. They
                                                                                                     § 25.562:                                             measured by the thoracic
                                             contain the additional safety standards
                                             that the Administrator considers                        1. Head Injury Criteria                               instrumentation specified in 49 CFR
                                             necessary to establish a level of safety                                                                      part 572, subpart E filtered in
                                             equivalent to that established by the                     Compliance with § 25.562(c)(5) is                   accordance with SAE International
                                             existing airworthiness standards.                       required, except that, if the ATD has no              (SAE) recommended practice J211/1,
                                                                                                     apparent contact with the seat/structure
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                                                                                                                                                           ‘‘Instrumentation for Impact Test—Part
                                             Applicability                                           but has contact with an airbag, a head-               1–Electronic Instrumentation.’’
                                               As discussed above, these special                     injury criterion (HIC) unlimited score in                c. The occupant must not interact
                                             conditions are applicable to the Boeing                 excess of 1000 is acceptable, provided                with the armrest or other seat
                                             Model 787–8, 787–9, and 787–10 series                   the HIC15 score (calculated in                        components in any manner significantly
                                             airplanes. Should Boeing apply at a later               accordance with 49 CFR 571.208) for                   different than would be expected for a
                                             date for a change to the type certificate               that contact is less than 700.                        forward-facing seat installation.


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                                                          Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations                                      46101

                                             5. Pelvis Criteria                                      DEPARTMENT OF TRANSPORTATION                          a.m. and 5 p.m., Monday through
                                                                                                                                                           Friday, except Federal holidays.
                                                Any part of the load-bearing portion                 Federal Aviation Administration                          • Fax: Fax comments to Docket
                                             of the bottom of the ATD pelvis must                                                                          Operations at 202–493–2251.
                                             not translate beyond the edges of the                   14 CFR Part 25                                           Privacy: The FAA will post all
                                             seat bottom seat-cushion supporting                                                                           comments it receives, without change,
                                                                                                     [Docket No. FAA–2016–4136; Special
                                             structure.                                              Conditions No. 25–621A–SC]                            to http://www.regulations.gov/,
                                                                                                                                                           including any personal information the
                                             6. Femur Criteria
                                                                                                     Special Conditions: The Boeing                        commenter provides. Using the search
                                               Axial rotation of the upper leg (about                Company (Boeing), Model 777 Series                    function of the docket website, anyone
                                             the z-axis of the femur per SAE                         Airplanes; Dynamic Test Requirements                  can find and read the electronic form of
                                             Recommended Practice J211/1) must be                    for Single Occupant Oblique Seats,                    all comments received into any FAA
                                             limited to 35 degrees from the nominal                  With or Without Airbag Devices or 3-                  docket, including the name of the
                                             seated position. Evaluation during                      Point Restraints                                      individual sending the comment (or
                                             rebound does not need to be considered.                                                                       signing the comment for an association,
                                                                                                     AGENCY: Federal Aviation
                                                                                                                                                           business, labor union, etc.). DOT’s
                                                                                                     Administration (FAA), DOT.
                                             7. ATD and Test Conditions                                                                                    complete Privacy Act Statement can be
                                                                                                     ACTION: Amended final special
                                                                                                                                                           found in the Federal Register published
                                                Longitudinal tests conducted to                      conditions; request for comments.                     on April 11, 2000 (65 FR 19477–19478).
                                             measure the injury criteria above must                                                                           Docket: Background documents or
                                                                                                     SUMMARY:   These amended special
                                             be performed with the FAA Hybrid III                    conditions are issued for the Boeing                  comments received may be read at
                                             ATD, as described in SAE 1999–01–                       Model 777 series airplanes. This                      http://www.regulations.gov/ at any time.
                                             1609, ‘‘A Lumbar Spine Modification to                  amendment states that the Boeing                      Follow the online instructions for
                                             the Hybrid III ATD for Aircraft Seat                    Model 777 series airplanes oblique                    accessing the docket or go to Docket
                                             Tests.’’ The tests must be conducted                    (side-facing) seats may be installed at an            Operations in Room W12–140 of the
                                             with an undeformed floor, at the most-                  angle of 18 to 45 degrees to the airplane             West Building Ground Floor at 1200
                                             critical yaw cases for injury, and with                 centerline and may include a 3-point or               New Jersey Avenue SE, Washington,
                                             all lateral structural supports (e.g.                   airbag restraint system, or both, for                 DC, between 9 a.m. and 5 p.m., Monday
                                             armrests or walls) installed.                           occupant restraint and injury protection.             through Friday, except Federal holidays.
                                                Note: Boeing must demonstrate that the               This airplane will have novel or                      FOR FURTHER INFORMATION CONTACT: John
                                             installation of seats via plinths or pallets            unusual design features when compared                 Shelden, Airframe and Cabin Safety
                                             meets all applicable requirements.                      to the state of technology envisioned in              Section, AIR–675, Transport Standards
                                             Compliance with the guidance contained in               the airworthiness standards for                       Branch, Policy and Innovation Division,
                                             policy memorandum PS–ANM–100–2000–                      transport category airplanes. These                   Aircraft Certification Service, Federal
                                             00123, ‘‘Guidance for Demonstrating                     design features are oblique (side-facing)             Aviation Administration, 2200 South
                                             Compliance with Seat Dynamic Testing for                single-occupant passenger seats                       216th Street, Des Moines, Washington
                                             Plinths and Pallets,’’ dated February 2, 2000,          equipped with or without airbag devices               98198; telephone and fax 206–231–
                                             is acceptable to the FAA.                               or 3-point restraints. The applicable                 3214; email John.Shelden@faa.gov.
                                                                                                     airworthiness regulations do not contain              SUPPLEMENTARY INFORMATION: The
                                             8. Inflatable Airbag Restraint Systems                  adequate or appropriate safety standards              substance of these special conditions
                                             Special Conditions                                      for this design feature. These special                has been published in the Federal
                                                                                                     conditions contain the additional safety              Register for public comment in several
                                               If inflatable airbag restraint systems                standards that the Administrator                      prior instances with no substantive
                                             are installed, the airbag systems must                  considers necessary to establish a level              comments received. The FAA therefore
                                             meet the requirements in one of the                     of safety equivalent to that established              finds it unnecessary to delay the
                                             airbag (inflatable restraint) special                   by the existing airworthiness standards.              effective date and finds that good cause
                                             conditions applicable to the Boeing                     DATES: This action is effective on The                exists for making these special
                                             Model 787–8, 787–9 and 787–10 series                    Boeing Company on September 12,                       conditions effective upon publication in
                                             airplanes.                                              2018. Send comments on or before                      the Federal Register.
                                               Issued in Des Moines, Washington, on                  October 29, 2018.
                                                                                                                                                           Comments Invited
                                             September 5, 2018.                                      ADDRESSES: Send comments identified
                                                                                                     by Docket No. FAA–2016–4136 using                       We invite interested people to take
                                             Victor Wicklund,
                                                                                                     any of the following methods:                         part in this rulemaking by sending
                                             Manager, Transport Standards Branch, Policy                • Federal eRegulations Portal: Go to               written comments, data, or views. The
                                             and Innovation Division, Aircraft                                                                             most helpful comments reference a
                                                                                                     http://www.regulations.gov/ and follow
                                             Certification Service.
                                                                                                     the online instructions for sending your              specific portion of the special
                                             [FR Doc. 2018–19753 Filed 9–11–18; 8:45 am]                                                                   conditions, explain the reason for any
                                                                                                     comments electronically.
                                             BILLING CODE 4910–13–P                                     • Mail: Send comments to Docket                    recommended change, and include
                                                                                                     Operations, M–30, U.S. Department of                  supporting data.
                                                                                                     Transportation (DOT), 1200 New Jersey                   We will consider all comments we
                                                                                                     Avenue SE, Room W12–140, West                         receive by the closing date for
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                                                                                                     Building Ground Floor, Washington, DC                 comments. We may change these special
                                                                                                     20590–0001.                                           conditions based on the comments we
                                                                                                        • Hand Delivery or Courier: Take                   receive.
                                                                                                     comments to Docket Operations in
                                                                                                     Room W12–140 of the West Building                     Background
                                                                                                     Ground Floor at 1200 New Jersey                         On November 22, 2017, Boeing
                                                                                                     Avenue SE, Washington, DC, between 9                  applied for an amendment to Type


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Document Created: 2018-09-12 02:06:50
Document Modified: 2018-09-12 02:06:50
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
ActionAmended final special conditions; request for comments.
DatesThis action is effective on Boeing on September 12, 2018. Send comments on or before October 29, 2018.
ContactJohn Shelden, Airframe and Cabin Safety Section, AIR-675, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 2200 South 216th Street, Des Moines, Washington 98198; telephone and fax 206-231-3214; email [email protected]
FR Citation83 FR 46098 
CFR AssociatedAircraft; Aviation Safety and Reporting and Recordkeeping Requirements

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