[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17332-17334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7307]


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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 
Side-Facing Seat Dynamic Test Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the installation of a 
single-place side-facing seat/lavatory on Embraer S.A. EMB 500 
aircraft. Side-facing 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 <a href="/cdn-cgi/l/email-protection#13417c717661673d40677674767e727d537572723d747c65"><span class="__cf_email__" data-cfemail="05576a676077712b567160626068646b456364642b626a73">[email protected]</span></a>.

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 Sec. Sec.  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 Sec.  23.561, and added a new Sec.  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 Sec.  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:

[[Page 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 Sec.  21.16.
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38, and become part of the type 
certification basis in accordance with Sec.  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 Sec.  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 side-facing 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 Sec.  23.785(b), all injury 
protection criteria of Sec. Sec.  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 
Sec.  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 Sec.  23.562 dynamic loads. The tests in 
Sec.  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.


[[Page 17334]]


    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


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