```

[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33675-33677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13664]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0244; Special Conditions No. 25-552-SC]

Special Conditions: Boeing Model 787-9, Side-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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

SUMMARY: These special conditions are issued for the Boeing Model 787-9 
airplane. This airplane has a novel or unusual design feature 
associated with side-facing seats. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
occupants of seats installed at an angle of 49 degrees to the 
centerline of the airplane, nor for inflatable restraint systems. 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 June 12, 2014. 
We must receive your comments by July 28, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0244 
using any of the following methods:
    Federal eRegulations Portal: Go to http://www.regulations.gov/ 
andfollow the online instructions for sending your comments 
electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of 
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except federal holidays.
    Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    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 the 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: Jeff Gardlin, Airframe and Cabin 
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
425-227-2136; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment

[[Page 33676]]

on, these special conditions are impracticable because these procedures 
would significantly delay issuance of the design approval and thus 
delivery of the affected airplane. In addition, the substance of these 
special conditions has been 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 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 May 28, 2009, The Boeing Company applied for an amendment to 
type certificate no. T00021SE to include the new Model 787-9 airplane. 
The Model 787-9, which is a derivative of the Model 787 airplane 
currently approved under type certificate no. T00021SE, is a wide-body 
twin jet with wing-mounted engines. It has a 420-passenger capacity, a 
maximum takeoff weight of 553,000 lb/251,360 kg, and is equipped with 
two Rolls-Royce Trent T1000 or General Electric GENx engines.
    Amendment 25-15 to part 25, dated October 24, 1967, introduced the 
subject of side-facing seats and a requirement that each occupant in a 
side-facing seat must be protected from head injury by a safety belt 
and a cushioned rest that will support the arms, shoulders, head, and 
spine.
    Subsequently, Amendment 25-20, dated April 23, 1969, clarified the 
definition of sideward-facing seats to require that each occupant of a 
seat that is positioned at more than an 18 degree angle to the vertical 
plane containing the airplane centerline must be protected from head 
injury by a safety belt and an energy-absorbing rest that supports the 
arms, shoulders, head, and spine; or by a safety belt and shoulder 
harness that prevents the head from contacting injurious objects. The 
FAA concluded that a maximum 18-degree angle would provide an adequate 
level of safety based on tests that were performed at that time, and 
thus adopted that standard.
    Part 25 was amended June 16, 1988, by Amendment 25-64, to revise 
the emergency-landing conditions that must be considered in the design 
of the airplane. Amendment 25-64 revised the static-load conditions in 
Sec.  25.561, and added a new Sec.  25.562 that required dynamic 
testing for all seats approved for occupancy during takeoff and 
landing. The intent of Amendment 25-64 is to provide an improved level 
of safety for occupants on transport-category airplanes. Because most 
seating is forward-facing on transport-category airplanes, the pass/
fail criteria developed in Amendment 25-64 focused primarily on these 
seats. As a result, the FAA issued Policy Memorandums ANM-03-115-30 and 
PS-ANM-100-2000-00123 to provide the additional guidance necessary to 
demonstrate the level of safety required by the regulations for side-
facing seats.
    To reflect current research findings, the FAA developed a 
methodology to address all fully side-facing seats (i.e, seats oriented 
in the airplane with the occupant facing 90 degrees to the direction of 
airplane travel) and has documented those requirements in a set of 
proposed new special conditions. In this regard, the FAA has issued 
Policy Statement PS-ANM-25-03-R1 which effectively conveys revised 
injury criteria associated with neck and leg injuries.
    The Model 787-9 Air New Zealand Business Class seat installation is 
novel such that the current Model 787-8 side-facing seat special 
conditions do not adequately convey occupant protection expectations 
for an intermediate 49-degree, side-facing seat installation. 
Therefore, the configuration Boeing proposes requires revised special 
conditions.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Boeing must show that the 
787-9 meets the applicable provisions of 14 CFR part 25, as amended by 
Amendments 25-128, except for earlier amendments as agreed upon by the 
FAA. These regulations will be incorporated into type certificate no. 
T00021SE after type certification approval of the 787-9. The 
regulations incorporated by reference in T00021SE are as follows:
    The type-certification basis for the Model 787-9 airplane is 14 CFR 
part 25, effective February 1, 1965, as amended by Amendments 25-1 
through 25-128, except Sec.  25.795, Security Considerations, at 
Amendment 25-016; and Sec.  25.125, Landing, at Amendment 25-108.
    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 787-9 airplane 
because of a novel or unusual design feature, 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, the special conditions would also apply to the 
other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 787-9 airplane must comply with the fuel-
vent and exhaust-emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 787-9 airplane will incorporate the following 
novel or unusual design features:
    Installation of Model UCS3 oblique business-class passenger seats 
manufactured by Zodiac Seats UK, which are seats installed at an angle 
of 49 degrees to the airplane centerline. In addition, the seat divider 
wall includes an inflatable restraint system for occupant restraint and 
injury protection. To provide a level of safety equivalent to that 
afforded to occupants of forward- and aft-facing seats, additional 
airworthiness standards, in the form of special conditions, are 
necessary. Although special conditions 25-431-SC and 25-458-SC already 
apply to the 787, these do not directly address the complex occupant-
loading conditions introduced by a seat the centerline of which is at a 
49-degree angle to the centerline of the airplane.

Discussion

    The business class seating configuration proposed by Boeing is 
unique due to the seat installation at a 49-degree angle to the 
airplane centerline. Special conditions 25-458-SC were not intended to 
address this

[[Page 33677]]

configuration nor is this configuration specifically addressed by 
policy statement PS-ANM-25-03-R1 (which is intended to address fully 
side-facing seats i.e., 90 degree installation angle). However, we 
believe the occupant-injury criteria conveyed in this policy statement 
is germane to this type of configuration when it comes to evaluating 
neck and leg injuries. Due to the unique seat installation angle, the 
revised special conditions also include spinal-loading injury criteria.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to that established by the existing airworthiness 
standards.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 787-9 airplane. 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, the special conditions would 
apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplanes. It is not a rule of general applicability.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, as the certification date for the Boeing 
Model 787-9 airplane is imminent, the FAA finds that good cause exists 
to make these special conditions effective upon publication in the 
Federal Register.

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

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type-certification basis for Boeing Model 787-9 airplanes modified 
by Boeing.

Side-Facing Seats Conditions

Proposed Injury Criteria

    1. Existing Criteria: All injury-protection criteria of Sec.  
25.562(c)(1) through (c)(6) apply to the occupant of a side-facing 
seat. Head-injury criterion (HIC) assessments are only required for 
head contact with the seat and/or adjacent structures.
    2. Body-to-Wall/Furnishing Contact: Under the load condition 
defined in Sec.  25.562(b)(2), the seat must be installed aft of a 
structure such as an interior wall or furnishing that will support the 
pelvis, upper arm, chest, and head of an occupant seated next to the 
structure. A conservative representation of the structure and its 
stiffness must be included in the tests.
    3. Thoracic Trauma: Under the load condition defined in Sec.  
25.562(b)(2), thoracic-trauma index (TTI) injury criterion must be 
substantiated by dynamic test or by rational analysis based on previous 
test(s) of a similar seat installation. Testing must be conducted with 
a side-impact dummy (SID), as defined by Title 49, Code of Federal 
Regulations (CFR) part 572, subpart F, or its equivalent. TTI must be 
less than 85, as defined in 49 CFR part 572, subpart F. The SID TTI 
data must be processed as defined in Federal Motor Vehicle Safety 
Standard (FMVSS) part 571.214, section S6.13.5.
    4. Pelvis: Under the load condition defined in Sec.  25.562(b)(2), 
pelvic lateral acceleration must be shown, by dynamic test or by 
rational analysis based on previous test(s) of a similar seat 
installation, to 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. Neck Injury Criteria: The seating system must protect the 
occupant from experiencing serious neck injury. In this regard, neck 
injury must be evaluated to the criteria provided in Policy Statement 
PS-ANM-25-03-R1, Attachment 1, Section 2.f.
    7. Leg Injury Criteria: Axial rotation of the upper leg must be 
limited to 35 degrees in either direction from the nominal seated 
position.
    8. Spine: The shoulders must remain aligned with the hips 
throughout the impact sequence, or until the spinal loads (in either 
tension or compression) drop below the value that would be injurious.

General Test Guidelines

    1. Longitudinal test(s), as necessary with the SID anthropomorphic 
test dummy (ATD), or as necessary EuroSID ATD, undeformed floor, no 
yaw, and with all lateral structural supports (armrests/walls).
    Pass/fail injury assessments: TTI pelvic acceleration, neck, leg, 
and spine injury.
    2. One longitudinal test with the Hybrid II ATD, deformed floor, 
with 10 degrees yaw, and with all lateral structural supports 
(armrests/walls).
    Pass/fail injury assessments: HIC; and upper torso restraint load, 
restraint system retention, and pelvic acceleration.
    3. Vertical (14g) test is to be conducted with modified Hybrid II 
ATDs with existing pass/fail criteria.

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

Inflatable Lapbelt Conditions

    If inflatable lapbelts are installed on single-place side-facing 
seats, the inflatable lapbelt(s) must meet special conditions 25-431-
SC.

    Issued in Renton, Washington, on May 12, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-13664 Filed 6-11-14; 8:45 am]
BILLING CODE 4910-13-P
```