17332 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 

9 Id. 

primarily to Federal employees and a 

limited number of Federal and business 

entities.9

List of Subjects 

12 CFR Part 1208 

Administrative practice and 

procedure, Claims, Debt collection, 

Government employees, Wages. 

12 CFR Part 1704 

Administrative practice and 

procedure, Debt collection. 

PART 1208—DEBT COLLECTION 

PART 1704—[REMOVED] 

Authority and Issuance 

Accordingly, the interim final rule 

establishing 12 CFR part 1208 and 

removing 12 CFR part 1704 that was 

published in the Federal Register at 75 

FR 68956 on November 10, 2010, is 

adopted as a final rule without change. 

Dated: March 18, 2011. 

Edward J. DeMarco, 

Acting Director, Federal Housing Finance 

Agency. 

[FR Doc. 2011–7341 Filed 3–28–11; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE311; Special Conditions No. 

23–251–SC] 

Special Conditions: Embraer S.A.; 

Model EMB 500; Single-Place SideFacing Seat Dynamic Test 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the installation of a singleplace side-facing seat/lavatory on 

Embraer S.A. EMB 500 aircraft. Sidefacing seats are considered a novel 

design, and their installation in a part 

23 airplane was not envisaged and is not 

adequately addressed in 14 CFR part 23. 

The FAA has determined that the 

existing regulations do not provide 

adequate or appropriate safety standards 

for occupants of single-place side-facing 

seats. In order to provide a level of 

safety that is equivalent to that afforded 

to occupants of forward and aft facing 

seating, additional airworthiness 

standards, in the form of special 

conditions, are necessary. 

DATES: The effective date of these 

special conditions is March 22, 2011. 

Comments must be received on or 

before April 28, 2011. 

ADDRESSES: Comments on these special 

conditions may be mailed in duplicate 

to: Federal Aviation Administration 

(FAA), Regional Counsel, ACE–7, 

Attention: Rules Docket, Docket No. 

CE311, 901 Locust, Room 506, Kansas 

City, Missouri 64106, or delivered in 

duplicate to the Regional Counsel at the 

above address. Comments must be 

marked: Docket No. CE311. Comments 

may be inspected in the Rules Docket 

weekdays, except Federal holidays, 

between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bob Stegeman, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Kansas City, 

Missouri, 816–329–4140, fax 816–329– 

4090, e-mail Robert.Stegeman@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the approval design and 

thus delivery of the affected aircraft. 

The FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

Background 

On December 26, 2009, Embraer S.A. 

submitted request for a change to type 

certificate No. A59CE for a design 

change application (DCA) for 

installation of a side-facing belted toilet 

in the EMB–500 airplane. The 

implication of the term belted is that the 

toilet will be used for a passenger seat 

during takeoff and landing and so must 

comply with the provisions of 14 CFR 

§§ 23.562 and 23.785 (in addition to the 

certification basis as established in type 

certificate A59CE) and any additional 

requirements that the FAA determines 

are applicable. In this case, the approval 

of a side-facing seat to these provisions 

is considered new and novel and, as 

such, will require special conditions 

and specific methods of compliance to 

certificate. 

14 CFR part 23 was amended August 

8, 1988, by Amendment 23–36, to revise 

the emergency landing conditions that 

must be considered in the design of the 

airplane. Amendment 23–36 revised the 

static load conditions in § 23.561, and 

added a new § 23.562 that required 

dynamic testing for all seats approved 

for occupancy during takeoff and 

landing. The intent of Amendment 23– 

36 is to provide an improved level of 

safety for occupants on part 23 

airplanes. Because most seating is 

forward-facing in part 23 airplanes, the 

pass/fail criteria developed in 

Amendment 23–36 focused primarily on 

these seats. Since the regulations do not 

address side-facing seats, these criteria 

should be documented in special 

conditions. 

The FAA decided to review 

compliance with these regulations 

because the current regulations do not 

provide adequate and appropriate 

standards for the type certification of 

this type of seat. 

These requirements are substantially 

similar to other single place side-facing 

seat installations approved for use on 

several different 14 CFR part 25 

airplanes. 

Type Certification Basis 

Under the provisions of § 21.101, 

Embraer S.A. must show that the model 

EMB 500, as modified, continues to 

meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A59CE or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A59CE are as follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 17333 

Part 23 of the Code of Federal 

Regulations effective February 1, 1965, 

as amended by 23–1 through 23–55; Part 

36 of the Code of Federal Regulations 

effective December 1, 1969, as amended 

by 36–1 through 36–28; Part 34 of the 

Code of Federal Regulations effective 

September 10, 1990, as amended by 

34–1 through 34–3. 

For the model listed above, the 

certification basis also includes all 

exemptions, if any; equivalent level of 

safety findings, if any; and special 

conditions not relevant to the special 

conditions adopted by this rulemaking 

action. 

The Administrator has determined 

that the applicable airworthiness 

regulations (i.e., part 23 as amended) do 

not contain adequate or appropriate 

safety standards for the Embraer EMB 

500 side-facing seat because of a novel 

or unusual design feature. Therefore, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions, as appropriate, as 

defined in § 11.19, are issued in 

accordance with § 11.38, and become 

part of the type certification basis in 

accordance with § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

the special conditions would also apply 

to that model under the provisions of 

§ 21.101. 

Novel or Unusual Design Features 

The Embraer S.A., model EMB 500 

will incorporate the following novel or 

unusual design feature: 

A side-facing lavatory seat intended 

for taxi/takeoff and landing. 

Discussion 

The seat is to incorporate design 

features that reduce the potential for 

injury in the event of an accident. In a 

severe impact, the occupant will be 

restrained by a 3-point seatbelt and bear 

on an adjacent padded wall. In addition 

to the design features intended to 

minimize occupant injury during an 

accident sequence, the installation will 

also require operational procedures that 

will facilitate egress after an accident, 

including leaving the lavatory door 

locked open during taxi, takeoff and 

landing. The adjacent forward wall/ 

bulkhead interior structure will have 

padding, which will provide some 

protection to the head of the occupant. 

The Code of Federal Regulations 

states performance criteria for forward 

and aft facing seats and restraints in an 

objective manner. However, none of 

these criteria are adequate to address the 

specific issues raised concerning sidefacing seats. Therefore, the FAA has 

determined that, in addition to the 

requirements of part 21 and part 23, 

special conditions are needed to address 

the installation of this seat installation/ 

restraint. 

Accordingly, these special conditions 

are for the Embraer S.A. model EMB 500 

side-facing seat location. Other 

conditions may be developed, as 

needed, based on further FAA review 

and discussions with the manufacturer 

and civil aviation authorities. 

Applicability 

As discussed above, these special 

conditions are applicable to the EMB 

500. Should Embraer S.A. apply at a 

later date for a change to the type 

certificate to include another model 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

previously identified Embraer S.A. 

model. It is not a rule of general 

applicability, and it affects only the 

applicant who applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

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 the Embraer S.A. 

model EMB 500, as changed to allow 

installation of a single-place side-facing 

seat. 

The minimum acceptable standards 

for dynamic seat certification of the 

belted lavatory seat are as follows: 

1. Existing Criteria. As referenced by 

§ 23.785(b), all injury protection criteria 

of §§ 23.562(c)(1) through (c)(7) apply to 

the occupants of the side-facing seats. 

Head injury criteria (HIC) assessments 

are only required for head contact with 

the seat and/or adjacent structures. 

2. Body-to-wall/furnishing contact. 

The seat must be installed aft of a 

structure such as an interior wall or 

furnishing that will contact the pelvis, 

upper arm, chest, or head of an 

occupant seated next to the structure. A 

conservative representation of the 

structure and its stiffness must be 

included in the tests. It is required that 

the contact surface of this structure 

must be covered with at least two inches 

of energy absorbing protective padding 

(foam or equivalent), such as Ensolite. 

3. Thoracic Trauma. Testing with a 

Side Impact Dummy (SID), as defined 

by 49 CFR part 572, subpart F, or its 

equivalent, must be performed in order 

to establish Thoracic Trauma Index 

(TTI) injury criteria. TTI acquired with 

the SID must be less than 85, as defined 

in 49 CFR part 572, subpart F. SID TTI 

data must be processed as defined in 

Federal Motor Vehicle Safety Standard 

(FMVSS) Part 571.214, section S6.13.5. 

Rational analysis, comparing an 

installation with another installation 

where TTI data were acquired and 

found acceptable, may also be viable. 

4. Pelvis. Pelvic lateral acceleration 

must not exceed 130g. Pelvic 

acceleration data must be processed as 

defined in FMVSS Part 571.214, section 

S6.13.5. 

5. Shoulder Strap Loads. Where upper 

torso straps (shoulder straps) are used 

for occupants, tension loads in 

individual straps must not exceed 1,750 

pounds. If dual straps are used for 

restraining the upper torso, the total 

strap tension loads must not exceed 

2,000 pounds. 

6. Compression Loads. The 

compression load measured between the 

pelvis and the lumbar spine of the ATD 

may not exceed 1,500 pounds. 

7. Emergency Evacuation. When 

occupied, the lavatory door must be 

latched open for takeoff and landing and 

must remain latched under the 

§ 23.561(b) loads. The airplane 

configuration must meet the emergency 

evaluation requirements of its 

certification basis with the seat 

occupied. 

8. Lavatory Door Placard. A placard 

specifying the lavatory door must be 

latched open for takeoff and landing 

when occupied must be displayed on 

the outside of the door. 

9. Test Requirements in § 23.562 

dynamic loads. The tests in § 23.562(a), 

(b) and (c) must be conducted on the 

lavatory seat. Floor deformation is 

required except for a seat that is 

cantilevered to the bulkhead. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
17334 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 

Issued in Kansas City, Missouri on March 

22, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–7307 Filed 3–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM452; Notice No. 25–424–SC] 

Special Conditions: Boeing Model 747– 

2G4B Airplane; Certification of 

Cooktops 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 747–2G4B 

series airplane. This airplane, as 

modified by Greenpoint Technologies, 

Inc., will have a novel or unusual design 

feature associated with the replacement 

and re-certification of existing cooktops 

with advanced technology induction 

coil cooktops in the main deck galleys 

on two Boeing Model 747–2G4B 

airplanes. The proposed modification is 

limited to removing the existing 

cooktops and replacing them with new 

technology cooktops. No changes to the 

galley surfaces, smoke detection system, 

ventilation system, warning systems, 

and fire suppression systems are 

included in this modification. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is March 22, 2011. 

We must receive your comments by 

April 28, 2011. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM452, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM452. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, Airframe/Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2194; 

facsimile (425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

The FAA has determined that notice 

of, and opportunity for prior public 

comment on, these special conditions is 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplanes. In addition, the 

substance of these special conditions 

has been subject to the public comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to acknowledge receipt 

of your comments on this proposal, 

include with your comments a selfaddressed, stamped postcard on which 

you have written the docket number. 

We will stamp the date on the postcard 

and mail it back to you. 

Background 

On July 20, 2010, Greenpoint 

Technologies, Inc., applied for a 

Supplemental Type Certificate (STC) for 

the replacement of existing cooktops in 

the Boeing Model 747–2G4B airplane. 

The Boeing Model 747–2G4B currently 

approved under Type Certificate No. 

A20WE, is a Model 747–200 series 

airplane with four CF6–80C2B1 engines. 

The Model 747–200 series airplane is an 

extended range passenger version of the 

Model 747–100 airplanes with changes 

to increase its strength and fuel 

capacity. 

The modification incorporates the 

installation of an electrically heated 

surface, called a cooktop. Cooktops 

introduce high heat, smoke, and the 

possibility of fire into the passenger 

cabin environment. These potential 

hazards to the airplane and its 

occupants must be satisfactorily 

addressed. Since existing airworthiness 

regulations do not contain safety 

standards addressing cooktops, special 

conditions are therefore needed. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Greenpoint Technologies Inc., 

must show that the Boeing Model 747– 

2G4B, as changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certification No. A20WE, or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A20WE are part 25, as 

amended by Amendments 25–1 through 

25–8, with reversions to earlier 

amendments, voluntary compliance to 

later amendments, special conditions, 

equivalent safety findings, and 

exemptions listed in the type certificate 

data sheet. 

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 747–2G4B because 

of a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design features, 

the special conditions would also apply 

to the other model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 747–2G4B 

must comply with the fuel vent and 

exhaust emission requirements of 14 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1