10476 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

■ 2. Section 930.256 is added to read as 

follows: 

Note: This section will not appear in the 

annual Code of Federal Regulations. 

§ 930.256 Final free and restricted 

percentages for the 2010–2011 crop year. 

The final percentages for tart cherries 

handled by handlers during the crop 

year beginning on July 1, 2010, which 

shall be free and restricted, respectively, 

are designated as follows: Free 

percentage, 58 percent and restricted 

percentage, 42 percent. 

Dated: February 18, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–4269 Filed 2–24–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1023 

48 CFR Parts 901, 902, 903, 904, 906, 

907, 908, 909, 911, 914, 915, 916, 917, 

and 952 

RIN 1991–AB81 

(General Provisions) Contract Appeals 

and the Acquisition Regulation: 

General, Acquisition Planning, and 

Contracting Methods and Contract 

Types 

Correction 

In rule document 2011–1320 

appearing on pages 7685–7694 in the 

issue of Friday, February 11, 2011, make 

the following correction: 

915.404 [Table Corrected] 

On page 7693, in the table, in the last 

row, in the column labeled ‘‘Add’’, 

‘‘ ‘‘DOE to’’ ’’ should read ‘‘ ‘‘DOE to—’’ ’’. 

[FR Doc. C1–2011–1320 Filed 2–24–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM412 Special Conditions No. 

25–419–SC] 

Special Conditions: Boeing Model 

787–8 Airplane; Overhead Crew-Rest 

Compartment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features associated 

with installation of an overhead crewrest (OCR) compartment. 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. 

Additional special conditions will be 

issued for other novel or unusual design 

features of the Boeing Model 787–8 

airplanes. 

DATES: Effective Date: March 28, 2011. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, FAA, Airframe/Cabin Safety 

Branch, ANM–115, Transport Standards 

Staff, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2136; 

facsimile (425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 28, 2003, The Boeing 

Commercial Airplane Group (hereafter 

referred to as ‘‘Boeing’’) applied for an 

FAA type certificate for its new Boeing 

Model 787–8 passenger airplane. The 

company applied for an extension of 

time for the type certificate on March 9, 

2009, and was granted that extension on 

March 13, 2009. The Boeing Model 

787–8 airplane will be an all-new, twoengine, jet transport airplane with a 

two-aisle cabin. The maximum takeoff 

weight will be 476,000 pounds, with a 

maximum passenger capacity of 381. 

Type Certification Basis 

Under provisions of Title 14 Code of 

Federal Regulations (14 CFR) 21.17, 

Boeing must show that the Boeing 

Model 787–8 airplane (hereafter referred 

to as ‘‘the 787’’) meets the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–117, 25–120, 25–124, 25–125 and 

25–128, except that § 25.1309 remains at 

Amendment 25–117 for cargo-fire 

protection systems. 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 787 because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the 787 must 

comply with the fuel-vent and exhaustemission requirements of 14 CFR part 

34, and the noise-certification 

requirements of 14 CFR part 36. In 

addition, the FAA must issue a finding 

of regulatory adequacy pursuant to 

section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

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 features, the special conditions 

would also apply to the other model 

under provisions of § 21.101. 

Novel or Unusual Design Features 

Crew-rest compartments have been 

installed and certificated on several 

Boeing airplane models in locations as 

varied as the main passenger-seating 

area, the overhead space above the main 

passenger-cabin seating area, and below 

the passenger-cabin seating area within 

the cargo compartment. In each case, the 

Administrator has determined that the 

applicable regulations (i.e., 14 CFR part 

25) did not provide all of the necessary 

requirements because each installation 

had unique features by virtue of its 

design, location, and use on the 

airplane. The special conditions contain 

safety standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

Most recently for the Boeing Model 

777 series airplanes, the FAA has issued 

Special Conditions No. 25–230–SC, 

dated April 9, 2003, for crew-rest 

compartments allowed to be occupied 

by crewmembers and flight 

crewmembers during flight, and Special 

Conditions No. 25–260–SC, dated April 

14, 2004, for crew-rest compartments 

allowed to be occupied by 

crewmembers and flight crewmembers 

during TT&L, as well as during flight. 

The OCR compartment on the 787 

identified by Boeing as an overhead 

flight-attendant rest is located above the 

main passenger cabin, adjacent to Door 

4, and will be accessed from the main 

deck by stairs through a vestibule. This 

OCR compartment will contain six 

private berths, an emergency hatch that 

opens directly into the main passengercabin area, a smoke-detection system, an 

oxygen system, and various occupant 

amenities. This OCR compartment will 

only be occupied by trained 

crewmembers in flight. It will not be 


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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 10477 

occupied during taxi, takeoff, or 

landing. 

This 787 OCR compartment is unique 

to part 25 because of its design, location, 

and use on the airplane. 

Because of the novel or unusual 

features associated with installation of 

this compartment, special conditions 

are considered necessary to provide a 

level of safety equal to that established 

by the airworthiness regulations. 

These special conditions do not 

negate the need to address other 

applicable part 25 regulations. 

Discussion of Comments 

Notice of proposed special conditions 

25–09–08–SC for the Boeing Model 787 

series airplanes was published in the 

Federal Register on January 4, 2010. No 

comments were received, and these 

special conditions are adopted as 

proposed. 

Operational Evaluations and Approval 

These special conditions outline 

requirements for OCR-compartment 

design approvals administered by the 

FAA’s Aircraft Certification Service. 

Before operational use of an OCR 

compartment, the FAA’s Flight 

Standards Service must evaluate and 

approve the ‘‘basic suitability’’ of the 

compartment for crew occupation. 

Additionally, if an operator wishes to 

use an OCR compartment as ‘‘sleeping 

quarters,’’ the compartment must 

undergo an additional evaluation and 

approval (reference 14 CFR 121.485(a), 

121.523(b), and 135.269(b)(5)). 

Compliance with these special 

conditions does not ensure that the 

applicant has demonstrated compliance 

with the requirements of parts 121 or 

135. 

To obtain an operational evaluation, 

the type certificate holder must contact 

the appropriate aircraft evaluation group 

(AEG) in the Flight Standards Service 

and request a ‘‘basic suitability’’ 

evaluation or a ‘‘sleeping quarters’’ 

evaluation of its OCR compartment. The 

results of these evaluations should be 

documented in a 787 flight 

standardization board (FSB) report 

appendix. Individual operators may 

reference these standardized evaluations 

in discussions with their FAA principal 

operating inspector (POI) as the basis for 

an operational approval, in lieu of an 

on-site operational evaluation. 

Any changes to the approved OCR 

compartment configuration that affect 

crewmember emergency egress, or any 

other procedures affecting safety of the 

occupying crewmembers or related 

emergency training, will require reevaluation and approval. The applicant 

for an OCR compartment design change 

that affects egress, safety procedures, or 

training is responsible for notifying the 

FAA’s AEG that a new compartment 

evaluation is required. The results of a 

re-evaluation should also be 

documented in a 787 FSB report 

appendix. 

Procedures must be developed to 

ensure that a crewmember entering the 

OCR compartment through the stairway/ 

vestibule to fight a fire will examine the 

stairway/vestibule and the adjacent 

galley or lavatory areas (if installed) for 

the source of the fire before entering the 

remaining areas of the compartment. 

This is intended to ensure that the 

source of the fire is not between the 

crewmember and the entrance to the 

OCR compartment. If a fire source is not 

immediately evident to the firefighter, 

the firefighter should check for potential 

fire sources at areas closest to the OCR 

compartment entrance first, then 

proceed to check areas in such a manner 

that the fire source, when found, will 

not be between the firefighter and his or 

her way to get out of the compartment. 

Procedures describing methods for 

searching the OCR compartment for fire 

source(s) must be transmitted to 

operators for incorporation into their 

training programs and appropriate 

operational manuals. 

Discussion of Special Conditions 

These special conditions initially 

apply to an OCR compartment installed 

adjacent to the Door 4 exits on the 787. 

These special conditions supplement 14 

CFR part 25. Except as noted below, 

these special conditions for the 787 

closely resemble Boeing 777 Special 

Conditions No. 25–230–SC. 

Special Conditions 4 and 14 contain 

requirements for the exit signs that must 

be provided in the OCR compartment. 

Symbols that satisfy the equivalent level 

of safety finding established for the 787 

may be used in lieu of the text required 

by § 25.812(b)(1)(i). The FAA expects 

that crewmembers will learn the 

meaning of any symbolic exit sign as a 

part of their training in evacuation 

procedures. 

Special Condition 13 contains 

requirements for supplemental oxygen 

systems. Special Conditions No. 25– 

260–SC, for the overhead flightcrew rest 

compartments, required that each berth 

be provided with two oxygen masks. 

This was intended to address the case 

where a person not in a berth was 

moving around in the crew-rest 

compartment and needed quick access 

to the oxygen. For the designs used in 

the model 777, this requirement was 

sufficient. However, for the 787, the 

requirement to have two masks per 

berth may not always meet the objective 

of having masks available to persons 

who are in transition within the 

compartment. Therefore, the wording of 

this special condition has been modified 

to better state the objective rather than 

specify that two masks be provided per 

berth. In addition, the requirement to 

have adequate illumination to retrieve 

the mask, while implied previously, is 

made explicit in these special 

conditions. 

Special Condition 17 contains the 

requirement for materials used in the 

construction of the OCR compartment 

and states that § 25.853 as amended by 

Amendment 25–116 is the appropriate 

regulation. Amendment 25–116 is the 

latest amendment level for § 25.853. 

Compliance with these special 

conditions does not relieve the 

applicant from the existing airplane 

certification-basis requirements. One 

particular area of concern is that 

installation of OCR compartments 

changes the compartment volume in the 

overhead area of the airplane. The 

applicant must comply with the 

pressurized compartment loads 

requirements of § 25.365(e), (f), and (g) 

for the OCR compartment, as well as for 

any other airplane compartments whose 

decompression characteristics are 

affected by the installation of an OCR 

compartment. Compliance with § 25.813 

emergency exit access requirements 

must be demonstrated for all phases of 

flight during which occupants will be 

present. 

Section 25.813(e) prohibits 

installation of interior doors between 

passenger compartments, but the FAA 

has historically found crew restcompartment doors to be acceptable, 

because crew rests are not passenger 

compartments. Special Conditions 1 and 

14 provide requirements for crew restcompartment doors which are 

considered to provide an appropriate 

level of safety to OCR compartment 

occupants. 

Sections 25.1443. 25.1445, and 

25.1447 describe oxygen requirements 

for flightcrew, passengers, and cabin 

attendants. Crewmembers occupying the 

OCR compartment are not on duty, and 

therefore are considered passengers in 

determining compliance with these 

oxygen regulations. 

Applicability 

As discussed above, these special 

conditions are applicable to the 787. 

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 features, 

these special conditions would apply to 

that model as well. 


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10478 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

Conclusion 

This action affects only certain novel 

or unusual design features of the 787. It 

is not a rule of general applicability. 

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, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for the 

Boeing Model 787–8 airplanes with an 

overhead crew-rest (OCR) compartment 

installed above the main passenger 

cabin adjacent to an exit door. 

1. Occupancy of the OCR 

compartment is limited to the total 

number of installed bunks and seats in 

each compartment. An approved seat or 

berth, able to withstand the maximum 

flight loads when occupied for each 

occupant permitted in the OCR 

compartment, must be available. 

Maximum occupancy in the OCR 

compartment is six crewmembers 

during flight. 

(a) Appropriate placards must be 

located inside and outside each 

entrance to the OCR compartment to 

indicate: 

(1) The maximum number of 

occupants allowed during flight. 

(2) Occupancy is restricted to 

crewmembers who are trained in the 

evacuation procedures for the OCR 

compartment. 

(3) Occupancy is prohibited during 

taxi, take-off, and landing. 

(4) Smoking is prohibited in the OCR 

compartment. 

(5) Stowage in the OCR compartment 

area is limited to crew personal luggage. 

The stowage of cargo or passenger 

baggage is not allowed. 

(b) At least one ashtray must be 

located on both the inside and the 

outside of any entrance to the OCR 

compartment. 

(c) A limitation in the airplane flight 

manual must be established to restrict 

occupancy to crewmembers the pilot in 

command has determined to be both 

trained in the emergency procedures for 

the OCR compartment and able to 

rapidly use the evacuation routes of the 

OCR compartment. 

(d) A means must be in place for any 

door installed between the OCR 

compartment and the passenger cabin to 

be quickly opened from inside the 

compartment, even when crowding 

occurs at each side of the door. 

(e) For all doors installed in the OCR 

compartment, a means must be in place 

to preclude anyone from being trapped 

inside the OCR compartment. If a 

locking mechanism is installed, it must 

be capable of being unlocked from the 

outside without the aid of special tools. 

The lock must not prevent opening from 

the inside of the OCR compartment at 

any time. 

(f) The means of opening doors and 

hatches to the OCR compartment must 

be simple and obvious. The OFCR 

compartment doors and hatches must be 

able to be closed from the main 

passenger cabin. Doors or hatches that 

separate the overhead crew-rest 

compartment from the main deck must 

not adversely affect evacuation of 

occupants on the main deck (slowing 

evacuation by encroaching into aisles, 

for example) or cause injury to those 

occupants during opening or while 

opened. 

2. At least two emergency evacuation 

routes must be available and which 

could be used by each occupant of the 

OCR compartment to rapidly evacuate 

to the main cabin. These evacuation 

routes must be able to be closed from 

the main passenger cabin after 

evacuation. In addition— 

(a) The routes must be located with 

sufficient separation within the OCR 

compartment to minimize the 

possibility of an event either inside or 

outside of the crew-rest compartment 

rendering both routes inoperative. 

Compliance with requirements of 

Special Condition 2(a) may be shown by 

inspection or by analysis. Regardless of 

which method is used, the maximum 

acceptable distance between crew-rest 

compartment outlets is 60 feet. 

Compliance by Inspection 

Inspection may be used to show 

compliance with Special Condition 2(a). 

An inspection finding that an OCR 

compartment has evacuation routes 

located so that each occupant of the 

seats and berths has an unobstructed 

route to at least one of the crew-rest 

compartment outlets, regardless of the 

location of a fire, would be reason for 

a finding of compliance. A fire within 

a berth that only blocks the occupant of 

that berth from exiting the berth need 

not be considered. Therefore, crew restcompartment outlets that are located at 

absolute opposite ends (i.e., adjacent to 

opposite end walls) of the OCR 

compartment would require no further 

review or analysis with regard to exit 

separation. 

Compliance by Analysis 

Analysis must show that the OCR 

compartment configuration and interior 

features allow all occupants of the OCR 

compartment to escape the 

compartment in the event of a hazard 

inside or outside of the compartment. 

Elements to consider in this evaluation 

are as follows: 

(1) Fire inside or outside the OCR 

compartment, considered separately, 

and the design elements used to reduce 

the available fuel for the fire. 

(2) Design elements used to reduce 

fire-ignition sources in the OCR 

compartment. 

(3) Distribution and quantity of 

emergency equipment within the OCR 

compartment. 

(4) Structural failure or deformation of 

components that could block access to 

the available evacuation routes (e.g., 

seats, folding berths, contents of 

stowage compartments, etc.). 

(5) An incapacitated person blocking 

the evacuation routes. 

(6) Any other foreseeable hazard not 

identified above that could cause the 

evacuation routes to be compromised. 

Analysis must consider design 

features affecting access to the 

evacuation routes. Possibilities for 

design components affecting evacuation 

that should be considered include, but 

are not limited to, seat-back break-over, 

rigid structure that reduces access from 

one part of the compartment to another, 

and items known to be the cause of 

potential hazards. Factors that also 

should be considered are availability of 

emergency equipment to address fire 

hazards; availability of communications 

equipment; supplemental restraint 

devices to retain items of mass that, if 

broken loose, could hinder evacuation; 

and load-path isolation between 

components containing evacuation 

routes. 

Analysis of fire threats should be used 

in determining placement of required 

fire extinguishers and protective 

breathing equipment (PBE). This 

analysis should consider the possibility 

of fire in any location in the OCR 

compartment. The location and quantity 

of PBE equipment and fire extinguishers 

should allow occupants located in any 

approved seats or berths access to the 

equipment necessary to fight a fire in 

the OCR compartment. 

The intent of this special condition is 

to provide sufficient exit-route 

separation. Therefore, the exitseparation analysis described above 

should not be used to approve OCRcompartment outlets that have less 

physical separation (measured between 

the centroid of each exit opening) than 

the minimums prescribed below, unless 

compensating features are identified 

and submitted to the FAA for evaluation 

and approval. 


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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 10479 

For an OCR compartment with one 

outlet located near the forward or aft 

end of the compartment (as measured by 

having the centroid of the exit opening 

within 20 percent of the forward or aft 

end of the total OCR-compartment 

length), the outlet separation from one 

outlet to the other should not be less 

than 50 percent of the total OCRcompartment length. 

For OCR compartments with neither 

required OCR-compartment outlet 

located near the forward or aft end of 

the compartment (as measured by not 

having the centroid of either outlet 

opening within 20 percent of the 

forward or aft end of the total OCRcompartment length), the outlet 

separation from one outlet to the other 

should not be less than 30 percent of the 

total OCR-compartment length. 

(b) The routes must be designed to 

minimize the possibility of blockage, 

which might result from fire, 

mechanical or structural failure, or 

persons standing below or against the 

crew-rest compartment outlets. One of 

the two OCR evacuation routes should 

not be located where, during times 

when occupancy is allowed, normal 

movement by passengers occurs (i.e., 

main aisle, cross aisle or galley 

complex, for example) that would 

impede egress from the OCR 

compartment. If an evacuation route is 

in an area where normal movement of 

passengers occurs, it must be 

demonstrated that passengers would not 

impede egress to the main deck. If low 

headroom is at or near the evacuation 

route, provisions must be made to 

prevent or to protect occupants of the 

OCR compartment from head injury. 

Use of evacuation routes must not 

depend on any powered device. If an 

OCR-compartment outlet is over an area 

of passenger seats, a maximum of five 

passengers may be displaced from their 

seats temporarily during the process of 

evacuating an incapacitated person(s). If 

such an evacuation procedure involves 

the evacuee stepping on seats, the seats 

must not be damaged to the extent that 

they would not be acceptable for 

occupancy during an emergency 

landing. 

(c) Emergency evacuation procedures, 

including procedures for emergency 

evacuation of an incapacitated occupant 

from the OCR compartment, must be 

established. The applicant must 

transmit all of these procedures to the 

operator for incorporation into its 

training programs and appropriate 

operational manuals. 

(d) A limitation must be included in 

the airplane flight manual or other 

suitable means to require that 

crewmembers are trained in the use of 

the OCR-compartment evacuation 

routes. 

3. A means must be available for 

evacuating an incapacitated person 

(representative of a 95th percentile 

male) from the OCR compartment to the 

passenger cabin floor. 

(a) Such an evacuation must be 

demonstrated for all evacuation routes. 

A crewmember (a total of one assistant 

within the OCR compartment) may 

provide assistance in the evacuation. 

Additional assistance may be provided 

by up to three persons in the main 

passenger compartment. These 

additional assistants must be standing 

on the floor while providing assistance. 

For evacuation routes with stairways, 

the additional assistants may ascend up 

to one half the elevation change from 

the main deck to the OCR compartment, 

or to the first landing, whichever is 

lower. 

4. The following signs and placards 

must be provided in the OCR 

compartment and they must meet the 

following criteria: 

(a) At least one exit sign, located near 

each OCR compartment outlet, meeting 

the emergency lighting requirements of 

§ 25.812(b)(1)(i). One allowable 

exception would be a sign with reduced 

background area of no less than 5.3 

square inches (excluding the letters), 

provided that it is installed so that the 

material surrounding the exit sign is 

light in color (white, cream, light beige, 

for example). If the material 

surrounding the exit sign is not light in 

color, a sign with a minimum of a oneinch-wide background border around 

the letters would be acceptable. Another 

allowable exception is a sign with a 

symbol that the FAA has determined to 

be equivalent for use as an exit sign in 

an OCR compartment. 

(b) An appropriate placard located 

conspicuously on or near each OCRcompartment door or hatch that defines 

the location and the operating 

instructions for access to and operation 

of the outlet door or hatch. 

(c) Placards must be readable from a 

distance of 30 inches under emergency 

lighting conditions. 

(d) The door or hatch handles and 

operating-instruction placards required 

by Special Condition 4(b) of these 

special conditions must be illuminated 

to at least 160 microlamberts under 

emergency lighting conditions. 

5. A means must be available, in the 

event of failure of the aircraft’s main 

power system, or of the normal OCR 

compartment lighting system, for 

emergency illumination to be 

automatically provided for the OCR 

compartment. 

(a) This emergency illumination must 

be independent of the main lighting 

system. 

(b) The sources of general cabin 

illumination may be common to both 

the emergency and the main lighting 

systems if the power supply to the 

emergency lighting system is 

independent of the power supply to the 

main lighting system. 

(c) The illumination level must be 

sufficient to allow occupants of the OCR 

compartment to locate and move to the 

main passenger cabin floor by means of 

each evacuation route. 

(d) The illumination level must be 

sufficient, with the privacy curtains in 

the closed position, for each occupant of 

the OCR compartment to locate a 

deployed oxygen mask. 

6. A means must be available for twoway voice communications between 

crewmembers on the flight deck and 

occupants of the OCR compartment. 

Two-way communications must also be 

available between occupants of the OCR 

compartment and each flight attendant 

station in the passenger cabin required 

per § 25.1423(g) to have a publicaddress-system microphone. In 

addition, the public-address system 

must include provisions to provide only 

the relevant information to the 

crewmembers in the OCR compartment 

(e.g., fire in flight, aircraft 

depressurization, preparation of the 

compartment occupants for landing, 

etc.). 

7. A means must be available for 

manual activation of an aural emergency 

alarm system, audible during normal 

and emergency conditions, to enable 

crewmembers on the flight deck and at 

each pair of required floor-level 

emergency exits to alert occupants of 

the OCR compartment of an emergency 

situation. Use of a public address or 

crew interphone system will be 

acceptable, provided an adequate means 

of differentiating between normal and 

emergency communications is 

incorporated. The system must be 

powered in flight, after the shutdown or 

failure of all engines and auxiliary 

power units, for a period of at least ten 

minutes. 

8. A means, readily detectable by 

seated or standing occupants of the OCR 

compartment, must be in place to 

indicate when seat belts should be 

fastened. If the OCR compartment has 

no seats, at least one means must be 

provided to cover anticipated 

turbulence (e.g., sufficient handholds). 

Seatbelt-type restraints must be 

provided for berths and must be 

compatible for the sleeping position 

during cruise conditions. A placard on 

each berth must require that these 


srobinson on DSKHWCL6B1PROD with RULES
10480 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

restraints be fastened when occupied. If 

compliance with any of the other 

requirements of these special conditions 

is predicated on specific head position, 

a placard must identify that head 

position. 

9. In lieu of the requirements 

specified in § 25.1439(a) pertaining to 

isolated compartments, and to provide a 

level of safety equivalent to that 

provided to occupants of an isolated 

galley, the following equipment must be 

provided in the OCR compartment: 

(a) At least one approved hand-held 

fire extinguisher appropriate for the 

kinds of fires likely to occur. 

(b) Two PBE devices suitable for 

firefighting, or one PBE for each handheld fire extinguisher, whichever is 

greater. All PBE devices must be 

approved to Technical Standard Order 

(TSO)–C116 or equivalent. 

(c) One flashlight. 

Note: Additional PBE devices and fire 

extinguishers in specific locations, beyond 

the minimum numbers prescribed in Special 

Condition 9, may be required as a result of 

the egress analysis accomplished to satisfy 

Special Condition 2(a). 

10. A smoke- or fire-detection system 

(or systems) must be provided that 

monitors each occupiable area within 

the OCR compartment, including those 

areas partitioned by curtains or doors. 

Flight tests must be conducted to show 

compliance with this requirement. If a 

fire occurs, each system (or systems) 

must provide: 

(a) A visual indication to the 

flightdeck within one minute after the 

start of a fire. 

(b) An aural warning in the OCR 

compartment. 

(c) A warning in the main passenger 

cabin. This warning must be readily 

detectable by a flight attendant, taking 

into consideration the locations of flight 

attendants throughout the main 

passenger compartment during various 

phases of flight. 

11. A means to fight a fire must be 

provided. This can be either a built-in 

extinguishing system or a manual, handheld extinguishing system. 

(a) For a built-in extinguishing 

system: 

(1) The system must have adequate 

capacity to suppress a fire considering 

the fire threat, volume of the 

compartment, and the ventilation rate. 

The system must have sufficient 

extinguishing agent to provide an initial 

knockdown and suppression 

environment per the minimum 

performance standards that have been 

established for the agent being used. In 

addition, certification flight testing will 

verify the acceptable duration that the 

suppression environment can be 

maintained. 

(2) If the capacity of the extinguishing 

system does not provide effective fire 

suppression that will last for the 

duration of flight from the farthest point 

in route to the nearest suitable landing 

site expected in service, an additional 

manual firefighting procedure must be 

established. For the built-in 

extinguishing system, the time duration 

for effective fire suppression must be 

established and documented in the 

firefighting procedures in the airplane 

flight manual. If the duration of time for 

demonstrated effective fire suppression 

provided by the built-in extinguishing 

agent will be exceeded, the firefighting 

procedures must instruct the crew to: 

(i) Enter the OCR compartment at the 

time that demonstrated fire suppression 

effectiveness will be exceeded. 

(ii) Check for and extinguish any 

residual fire. 

(iii) Confirm that the fire is out. 

(b) For a manual, hand-held 

extinguishing system (designed as the 

sole means to fight a fire or to 

supplement a built-in extinguishing 

system of limited suppression duration) 

for the OCR: 

(1) A limitation must be included in 

the airplane flight manual or other 

suitable means requiring that 

crewmembers be trained in the 

firefighting procedures. 

(2) The compartment design must 

allow crewmembers equipped for 

firefighting to have unrestricted access 

to all parts of the compartment. 

(3) The time for a crewmember on the 

main deck to react to the fire alarm, don 

the firefighting equipment, and gain 

access to the OCR compartment must 

not exceed the time it would take for the 

compartment to become filled with 

smoke, thus making it difficult to locate 

the fire source. 

(4) Approved procedures describing 

methods for searching the OCR 

compartment for fire source(s) must be 

established. These procedures must be 

transmitted to the operator for 

incorporation into its training programs 

and appropriate operational manuals. 

12. A means must be provided to 

prevent hazardous quantities of smoke 

or extinguishing agent originating in the 

OCR compartment from entering any 

other occupiable compartment. 

(a) Small quantities of smoke may 

penetrate from the OCR compartment 

into other occupied areas during the 

one-minute smoke detection time. 

(b) A provision in the firefighting 

procedures must ensure that all doors 

and hatches at the OCR compartment 

outlets are closed after evacuation of the 

compartment and during firefighting to 

minimize smoke and extinguishing 

agent entering other occupiable 

compartments. 

(c) Smoke entering any occupiable 

compartment when access to the OFCR 

compartment is open for evacuation 

must dissipate within five minutes after 

the access to the OFCR compartment is 

closed. 

(d) Hazardous quantities of smoke 

may not enter any occupied 

compartment during access to manually 

fight a fire in the OCR compartment. 

The amount of smoke entrained by a 

firefighter exiting the OCR compartment 

is not considered hazardous. 

(e) Flight tests must be conducted to 

show compliance with this requirement. 

13. A supplemental oxygen system 

within the OCR compartment must 

provide the following: 

(a) At least one mask for each seat and 

berth in the OCR compartment. 

(b) If a destination area (such as a 

changing area) is provided in the OCR 

compartment, an oxygen mask must be 

readily available for each occupant who 

can reasonably be expected to be in the 

destination area (with the maximum 

number of required masks within the 

destination area being limited to the 

placarded maximum occupancy of the 

OFCR compartment). 

(c) An oxygen mask must be readily 

accessible to each occupant who can 

reasonably be expected to be moving 

from the main cabin into the OCR 

compartment, moving around within 

the OCR compartment, or moving from 

the OCR compartment to the main 

cabin. 

(d) The system must provide an aural 

and visual alert to warn occupants of 

the OCR compartment to don oxygen 

masks in the event of decompression. 

The aural and visual alerts must activate 

concurrently with deployment of the 

oxygen masks in the passenger cabin. To 

compensate for sleeping occupants, the 

aural alert must be heard in each section 

of the OCR compartment and must 

sound continuously for a minimum of 

five minutes or until a reset switch 

within the OCR compartment is 

activated. A visual alert that informs 

occupants that they must don an oxygen 

mask must be visible in each section. 

(e) A means must be in place by 

which oxygen masks can be manually 

deployed from the flight deck. 

(f) Approved procedures must be 

established for OCR occupants in the 

event of decompression. These 

procedures must be transmitted to the 

operator for incorporation into its 

training programs and appropriate 

operational manuals. 

(g) The supplemental oxygen system 

for the OCR compartment must meet the 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 10481 

same 14 CFR part 25 regulations as the 

supplemental oxygen system for the 

passenger cabin occupants except for 

the 10 percent additional masks 

requirement of 14 CFR 25.1447(c)(1). 

(h) The illumination level of the 

normal OCR compartment-lighting 

system must automatically be sufficient 

for each occupant of the compartment to 

locate a deployed oxygen mask. 

14. The following additional 

requirements apply to OCR 

compartments that are divided into 

several sections by the installation of 

curtains or partitions: 

(a) A placard is required adjacent to 

each curtain that visually divides or 

separates, for privacy purposes, the OCR 

compartment into small sections. The 

placard must require that the curtain(s) 

remains open when the private section 

it creates is unoccupied. The vestibule 

section adjacent to the stairway is not 

considered a private area and, therefore, 

does not require a placard. 

(b) For each section of the OCR 

compartment created by the installation 

of a curtain, the following requirements 

of these special conditions must be met 

with the curtain open or closed: 

(1) No-smoking placard requirement 

(Special Condition 1). 

(2) Emergency illumination 

requirement (Special Condition 5). 

(3) Emergency alarm-system 

requirement (Special Condition 7). 

(4) Seatbelt-fasten signal or return-toseat signal as applicable requirement 

(Special Condition 8). 

(5) Smoke- or fire-detection system 

requirement (Special Condition 10). 

(6) Oxygen-system requirement 

(Special Condition 13). 

(c) OCR compartments that are 

visually divided to the extent that 

evacuation could be affected must have 

exit signs directing occupants to the 

primary stairway outlet. The exit signs 

must be provided in each separate 

section of the OCR compartment, except 

for curtained bunks, and must meet 

requirements of § 25.812(b)(1)(i). An exit 

sign with reduced background area or a 

symbolic exit sign, as described in 

Special Condition 4(a), may be used to 

meet this requirement. 

(d) For sections within an OCR 

compartment created by the installation 

of a rigid partition with a door 

physically separating the sections, the 

following requirements of these special 

conditions must be met with the door 

open or closed: 

(1) A secondary evacuation route from 

each section to the main deck, or 

alternatively, the applicant must show 

that any door between the sections has 

been designed to preclude anyone from 

being trapped inside a section of the 

compartment. Removal of an 

incapacitated occupant from within this 

area must be considered. A secondary 

evacuation route from a small room 

designed for only one occupant for a 

short time duration, such as a changing 

area or lavatory, is not required, but 

removal of an incapacitated occupant 

from within such a small room must be 

considered. 

(2) Any door between the sections 

must be shown to be openable when 

crowded against, even when crowding 

occurs at each side of the door. 

(3) No more than one door may be 

located between any seat or berth and 

the primary stairway door. 

(4) In each section, exit signs meeting 

requirements of § 25.812(b)(1)(i), or 

shown to have an equivalent level of 

safety, must direct occupants to the 

primary stairway outlet. An exit sign 

with reduced background area or a 

symbolic exit sign, as described in 

Special Condition 4(a), may be used to 

meet this requirement. 

(5) Special Conditions 1 (no-smoking 

placards), 5 (emergency illumination), 7 

(emergency alarm system), 8 (fastenseatbelt signal or return-to-seat signal as 

applicable), 10 (smoke- or fire-detection 

system), and 13 (oxygen system) must 

be met with the door open or closed. 

(6) Special Conditions 6 (two-way 

voice communication) and 9 (emergency 

firefighting and protective equipment) 

must be met independently for each 

separate section except for lavatories or 

other small areas that are not intended 

to be occupied for extended periods of 

time. 

15. If a waste-disposal receptacle is 

fitted in the OCR compartment, it must 

be equipped with an automatic fire 

extinguisher that meets the performance 

requirements of § 25.854(b). 

16. Materials (including finishes or 

decorative surfaces applied to the 

materials) must comply with 

flammability requirements of § 25.853(a) 

as amended by Amendment 25–116. 

Seat cushions and mattresses must 

comply with the flammability 

requirements of § 25.853(c) as amended 

by Amendment 25–116 and the test 

requirements of part 25, appendix F, 

part II, or other equivalent methods. 

17. The addition of a lavatory within 

the OCR compartment would require 

the lavatory to meet the same 

requirements as those for a lavatory 

installed on the main deck except with 

regard to Special Condition 10 for 

smoke detection. 

18. Each stowage compartment in the 

OCR compartment, except for underseat 

compartments for occupant 

convenience, must be completely 

enclosed. All enclosed stowage 

compartments within the OCR 

compartment that are not limited to 

stowage of emergency equipment or 

airplane-supplied equipment (i.e., 

bedding) must meet the design criteria 

described in the table below. Enclosed 

stowage compartments greater than 200 

ft3 in interior volume are not addressed 

by this special condition. The in-flight 

accessibility of very large, enclosed, 

stowage compartments and the 

subsequent impact on the 

crewmembers’ ability to effectively 

reach any part of the compartment with 

the contents of a hand-held fireextinguishing system will require 

additional fire-protection considerations 

similar to those required for inaccessible 

compartments such as Class C cargo 

compartments. 

DESIGN CRITERIA FOR ENCLOSED STOWAGE COMPARTMENTS NOT LIMITED TO STOWAGE OF EMERGENCY OR AIRPLANESUPPLIED EQUIPMENT

Fire protection features 

Applicability of fire protection requirements by interior volume 

Less than 25 cubic feet 25 cubic feet to less than 

57 cubic feet 57 cubic feet to 200 cubic feet 

Compliant Materials of Construction 1.Yes ................................................ Yes ................................................ Yes. 

Smoke or Fire Detectors 2 ............. No ................................................. Yes ................................................ Yes. 

Liner 3 ............................................ No ................................................. Conditional .................................... Yes. 


srobinson on DSKHWCL6B1PROD with RULES
10482 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

DESIGN CRITERIA FOR ENCLOSED STOWAGE COMPARTMENTS NOT LIMITED TO STOWAGE OF EMERGENCY OR AIRPLANESUPPLIED EQUIPMENT—Continued 

Fire protection features 

Applicability of fire protection requirements by interior volume 

Less than 25 cubic feet 25 cubic feet to less than 

57 cubic feet 57 cubic feet to 200 cubic feet 

Fire Location Detector 4 ................ No ................................................. Yes ................................................ Yes. 

1 Compliant Materials of Construction: The material used in constructing each enclosed stowage compartment must at least be fire resistant 

and must meet the flammability standards established for interior components (i.e., 14 CFR part 25 Appendix F, Parts I, IV, and V) per the requirements of § 25.853. For compartments less than 25 ft.3 in interior volume, the design must ensure the ability to contain a fire likely to occur 

within the compartment under normal use. 2Smoke or Fire Detectors: Enclosed stowage compartments equal to or exceeding 25 ft.3 in interior volume must be provided with a smoke- or 

fire-detection system to ensure that a fire can be detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: 

(a) A visual indication in the flight deck within one minute after the start of a fire. 

(b) An aural warning in the OFCR compartment. 

(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the locations of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If material used in constructing the stowage compartment can be shown to meet the flammability requirements of a liner for a Class B 

cargo compartment (i.e., § 25.855 at Amendment 25–116, and Appendix F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft.3 but less than 57 ft.3 in interior volume. For all enclosed stowage compartments 

equal to or greater than 57 ft.3 in interior volume but less than or equal to 200 ft.3, a liner must be provided that meets the requirements of 

§ 25.855 for a Class B cargo compartment. 4Fire Location Detector: If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.3 interior volume that are located separately from the other stowage compartments (located, for example, away from one central location, such as the entry to the OFCR compartment 

or a common area within the OFCR compartment, where the other stowage compartments are), that OFCR compartment would require additional fire-protection features and/or devices to assist the firefighter in determining the location of a fire. 

Issued in Renton, Washington, on February 

15, 2011. 

K.C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–4223 Filed 2–24–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM411; Special Conditions No. 

25–418–SC] 

Special Conditions: Boeing Model 787– 

8 Airplane; Overhead Flightcrew-Rest 

Compartment Occupiable During Taxi, 

Takeoff, and Landing 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features associated 

with an overhead flightcrew-rest (OFCR) 

compartment, which is proposed to be 

occupiable during taxi, takeoff, and 

landing (TT&L). 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. 

Additional special conditions will be 

issued for other novel or unusual design 

features of the Boeing Model 787–8 

airplanes. 

DATES: Effective Date: March 28, 2011. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, FAA, Airframe/Cabin Safety 

Branch, ANM–115, Transport Standards 

Staff, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2136; 

facsimile (425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 28, 2003, The Boeing 

Commercial Airplane Group (hereafter 

referred to as ‘‘Boeing’’) applied for an 

FAA type certificate for its new Boeing 

Model 787–8 passenger airplane. The 

company applied for an extension of 

time for the type certificate on March 9, 

2009, and was granted that extension on 

March 13, 2009. The Boeing Model 787– 

8 airplane will be an all-new, twoengine, jet transport airplane with a 

two-aisle cabin. The maximum takeoff 

weight will be 476,000 pounds, with a 

maximum passenger capacity of 381. 

Type Certification Basis 

Under provisions of Title 14 Code of 

Federal Regulations (14 CFR) 21.17, 

Boeing must show that the Boeing 

Model 787–8 airplane (hereafter referred 

to as ‘‘the 787’’) meets the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–117, 25–120, 25–124, 25–125 and 

25–128, except that § 25.1309 remains at 

Amendment 25–117 for cargo-fire 

protection systems. 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 787 because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the 787 must 

comply with the fuel-vent and exhaustemission requirements of 14 CFR part 

34, and the noise-certification 

requirements of 14 CFR part 36. The 

FAA must also issue a finding of 

regulatory adequacy pursuant to section 

611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

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 features, the special conditions 

would also apply to the other model 

under provisions of § 21.101. 

Novel or Unusual Design Features 

Flightcrew rest compartments have 

been installed and certificated on 

several Boeing airplane models in 

locations as varied as the main 

passenger seating area, the overhead 

space above the main passenger-cabin 


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