[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81782-81790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27107]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-1054; Special Conditions No. 25-777-SC]


Special Conditions: Boeing Commercial Airplanes Model 777-9 
Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi, 
Takeoff, and Landing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Boeing Commercial 
Airplanes (Boeing) Model 777-9 airplane. This airplane will have a 
novel or unusual design feature when compared to the state of 
technology envisioned in the airworthiness standards for transport-
category airplanes. This design feature is an overhead flightcrew rest 
(OFCR) compartment 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.

DATES: Effective January 19, 2021.

FOR FURTHER INFORMATION CONTACT: Shannon Lennon, Airframe and Cabin 
Safety Section, AIR-675, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3209; email <a href="/cdn-cgi/l/email-protection#1e6d767f7070717030727b707071705e787f7f30797168"><span class="__cf_email__" data-cfemail="7b08131a1515141555171e151514153b1d1a1a551c140d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 2013, Boeing applied for an amendment to Type 
Certificate No. T00001SE to include the new 777-9 airplane. The 
application date was extended to March 30, 2016, at Boeing's request. 
The Boeing Model 777-9 airplane, which is a derivative of the Boeing 
Model 777 airplane currently approved under Type Certificate No. 
T00001SE, is a twin-engine, transport-category airplane with seating 
for 495 passengers, and a maximum takeoff weight of 775,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the 777-9 airplane, as changed, 
continues to meet the applicable provisions of the regulations listed 
in Type Certificate No. T00001SE, or the applicable regulations in 
effect on the date of application for the change, except for earlier 
amendments as agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness 
regulations (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Boeing Model 777-9 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, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 777-9 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 777-9 airplane will incorporate the following 
novel or unusual design features:
    An overhead flightcrew rest (OFCR) compartment occupiable during 
taxi, takeoff, and landing.

Discussion

    Crew rest compartments have been previously installed and 
certificated on several Boeing airplane models in locations such as in 
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 
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.
    For Boeing Model 777 airplanes, the FAA issued Special Conditions 
No. 25-260-SC, dated April 14, 2004, for OFCR compartments allowed to 
be occupied during TT&L, as well as during flight. However, after 
issuance of Special Conditions No. 25-260-SC, the FAA issued Special 
Conditions No. 25-418-SC for the Boeing Model 787-8 airplane, for the 
same novel design feature, with changes to better address oxygen 
systems and fire suppressors. Those special conditions reflected the 
methodology necessary to provide an equivalent level of safety for 
remote OFCR compartments. Therefore, new special conditions are issued 
for this design feature on Boeing Model 777-9 airplanes, in lieu of 
Special Conditions No. 25-260-SC.
    For the Boeing Model 777-9 airplane, the OFCR compartment is 
located in the overhead space above the main passenger-cabin seating 
area immediately aft of the first pair of main-deck emergency exits 
(Door 1). The compartment includes two private berths and up to two 
seats. Occupancy of the compartment will be limited to a maximum of 
four trained crewmembers during flight, and two trained flightcrew 
members, one in each seat, during TT&L. The compartment will be 
accessed from the main deck by stairs through a vestibule. In addition, 
a secondary evacuation route, which opens directly into the main 
passenger seating area, will be available as an alternate route for 
evacuating occupants of the compartment. A smoke-detection system and 
an oxygen system will be provided in the compartment. Other optional 
features, such as a sink with cold-drink stowage or a lavatory, may be 
provided as well.
    This Boeing Model 777-9 airplane OFCR compartment is novel or 
unusual to part 25 due to its design, location, and use on the 
airplane. This compartment is particularly novel or unusual in that it 
is located in the overhead area of the passenger compartment, and will 
be occupied by trained flightcrew during TT&L. Due to the novel or 
unusual features associated with the installation of this compartment, 
special conditions are considered necessary to provide a level

[[Page 81783]]

of safety equal to that established by the airworthiness regulations.
    The 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.

Operational Evaluations and Approval

    These special conditions establish requirements for OFCR-
compartment design approvals administered by the FAA's Aircraft 
Certification Service. Before operational use of an OFCR 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 OFCR 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 OFCR compartment. The 
results of these evaluations should be documented in a Boeing Model 
777-9 airplane flight standardization board (FSB) report appendix. 
Individual operators may reference these standardized evaluations in 
discussions with their FAA principal operating inspector as the basis 
for an operational approval, in lieu of an on-site operational 
evaluation.
    Any changes to the approved OFCR compartment configuration that 
affect crewmember emergency egress, or any other procedures affecting 
safety of the occupying crewmembers or related emergency training, will 
require re-evaluation and approval. The applicant for an OFCR 
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 reevaluation 
should also be documented in a Boeing Model 777-9 airplane FSB report 
appendix.
    Procedures must be developed to ensure that a crewmember, acting as 
firefighter, when entering the OFCR compartment through the stairway or 
vestibule to fight a fire, will examine the stairway or 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 OFCR 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 OFCR 
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 their means of escape from the compartment. Procedures 
describing methods for searching the OFCR compartment for fire 
source(s) must be transmitted to operators for incorporation into their 
training programs and appropriate operational manuals.

Rescue-Crew Training Materials

    Installation of an OFCR compartment that can be occupied during 
TT&L by flightcrew is unusual. Appropriate information must be provided 
to airport fire-rescue personnel so that they understand that this 
remote compartment may be occupied during an emergency landing. The 
applicant must provide rescue-crew training materials to the local FAA 
Airports Division, Safety and Standards Branch, to address this issue. 
The FAA Airports Division, Safety and Standards Branch, will ensure 
that these materials are distributed to appropriate airports, domestic 
and foreign. Special conditions are not considered appropriate to 
address this issue.

Discussion of the Special Conditions

    These special conditions apply to OFCR compartments that are 
occupiable during TT&L and are installed immediately aft of the Door 1 
exits on Boeing Model 777-9 airplanes. These special conditions for 
Boeing Model 777-9 airplanes supplement 14 CFR part 25. Except as noted 
below, these special conditions for Boeing Model 777-9 airplanes are 
identical to Boeing Model 777 airplane Special Conditions No. 25-260-
SC.
    Conditions 6 and 16 contain requirements for the exit signs that 
must be provided in the OFCR compartment. Symbols that satisfy the 
equivalent-level-of-safety finding established for Boeing Model 777-9 
airplanes may be used in lieu of the text required by Sec.  
25.812(b)(1)(i). The FAA expects that the meaning of any symbolic exit 
sign will be reinforced as a part of crewmember training in evacuation 
procedures.
    Condition 15 contains requirements for supplemental oxygen systems. 
Earlier Special Conditions No. 25-260-SC for Boeing Model 777-9 
airplanes required that each berth be equipped with two oxygen masks. 
This was intended to address the case where a person not in a berth was 
moving around within the flightcrew rest compartment and needed quick 
access to an oxygen mask. For Boeing Model 777-9 airplanes, 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 condition has 
been modified to better state the objective, rather than specifying a 
two-masks-per-berth requirement. In addition, the requirement to have 
adequate illumination to retrieve an oxygen mask, while implied 
previously, is made explicit in these special conditions.
    Condition 18 contains the requirements for materials used in the 
construction of the OFCR compartment. Special Conditions No. 25-260-SC 
stated that Sec.  25.853, as amended by Amendment 25-83, is the 
appropriate regulation. Section 25.853 has since been further amended, 
and these special conditions reference the latest amendment level for 
Sec.  25.853, Amendment 25-116.
    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 OFCR 
compartments changes the compartment volume in the overhead area of the 
airplane. The applicant must comply with the pressurized compartment 
loads requirements of Sec.  25.365(e), (f), and (g) for the OFCR 
compartment, as well as for any other airplane compartments the 
decompression characteristics of which are affected by the installation 
of an OFCR compartment.
    Compliance with Sec.  25.813, emergency-exit access requirements, 
must be demonstrated for all phases of flight during which occupants 
will be present.
    The configuration includes a seat installed adjacent to the OFCR 
compartment exit, with the compartment occupiable during TT&L. Note 
that the emergency-landing conditions requirements of Sec. Sec.  
25.561(d) and 25.562(c)(8) apply to this configuration. Deformations 
resulting from required static and dynamic structural tests must not 
impede rapid evacuation of the OFCR compartment occupants. Seat 
deformations must not prevent opening of the secondary escape

[[Page 81784]]

hatch or rapid evacuation through the secondary escape route.
    Section 25.785(h)(2) mandates that the flight attendant seats 
required by the operating rules be located in a position that provides 
a direct view of the cabin area for which the flight attendant is 
responsible. Because the OFCR compartment will be occupied only by 
trained crewmembers, the FAA does not consider this requirement 
applicable to the seating area in the OFCR compartment.
    Section 25.787(a) requires each stowage compartment in the 
passenger cabin, except for underseat and overhead stowage compartments 
for passenger convenience, to be completely enclosed. This requirement 
does not apply to the flight deck, because flightcrew members must be 
able to quickly access items to better perform their duties. Flightcrew 
members occupying the OFCR compartment will not be performing flight-
deck duties however. Therefore, stowage compartments in the OFCR 
compartment, except for underseat compartments for occupant 
convenience, should be completely enclosed. This will provide occupants 
of the OFCR compartment a similar level of safety to that provided to 
passengers on the main deck. Condition 20 contains this requirement.
    Section 25.811(c) requires that means be provided to assist 
occupants in locating the exits in conditions of dense smoke. Section 
25.812(e) requires floor-proximity emergency-escape path marking to 
provide guidance for passengers when all sources of illumination above 
4 feet from the cabin aisle floor are totally obscured. The FAA 
considers that the current OFCR compartment design is sufficient in 
regard to these regulations. The two OFCR compartment seats are only a 
couple of steps away from the stairway, and when a trained flightcrew 
member is at the top of the stairway, the stairway itself will guide 
them to the main deck. When the crewmember is on the main deck, floor 
proximity lighting and exit-marker signs, which are less than 4 feet 
above the floor, are provided.
    Section 25.813(e) prohibits installation of interior doors between 
passenger compartments, but the FAA has historically found flightcrew 
rest-compartment doors to be acceptable, because flightcrew rest 
compartments are not passenger compartments. Conditions 2 and 16 
provide requirements for flightcrew rest-compartment doors, conditions 
that are considered to provide an appropriate level of safety to OFCR 
compartment occupants.
    Sections 25.1443, 25.1445, and 25.1447 describe oxygen requirements 
for flightcrew, passengers, and cabin attendants. Flightcrew members 
occupying the OFCR compartment are not on duty, and therefore are 
considered passengers in determining compliance with these oxygen 
regulations.

Discussion of Comments

    The FAA issued Notice of Proposed Special Conditions No. 25-20-07-
SC for the Boeing Model 777-9 airplane, which was published in the 
Federal Register on June 30, 2020 (85 FR 39100). The FAA received 
responses from three commenters.
    The Air Line Pilots Association (ALPA) believes the special 
conditions contradict exemptions for mini-suites that prohibit the 
occupation of the OFCR during TT&L, and suggests that the special 
conditions be modified to provide consideration for Exemption No. 
17634A, including a prohibition of occupancy of the OFCR during TT&L 
for airplanes fitted with high-walled mini-suites, as well as a 
requirement of applicable placarding to be visibly installed in the 
OFCR, and related limitations be published within the AFM.
    The FAA partially agrees with this comment. The FAA's intends to 
prohibit occupancy of an OFCR during TT&L should any egress path from 
the crew rest fall into a mini-suite on the main deck as stated in FAA 
Exemption No. 17634A. However, such a limitation is not established 
solely by the installation of an OCFR. The necessity of such a 
limitation would be established by the installation of a mini-suite and 
the subsequent assessment of the egress paths from the OFCR relative to 
the mini-suite location. For this reason, and the because the subject 
of these special conditions is the OFCR and not mini-suite 
installations, the prohibition of occupancy of the OFCR during TT&L 
when mini-suites are installed will not be restated in these special 
conditions. The FAA does agree, however, that the special conditions 
should acknowledge that occupancy during TT&L may be further restricted 
for purposes of maintaining consistency with related exemptions. As 
such, these special conditions have been revised to include Condition 
1.d.
    Boeing recommends revising the title of the special conditions as 
follows:
    Special Conditions: Boeing Commercial Airplanes Model 777-9 
Airplane; Overhead Flightcrew Rest Compartment.
    The FAA does not agree with the proposed change because the title, 
as written, differentiates the scope of these special conditions from 
other special conditions issued for Boeing Model 777 series airplanes 
with OFCR that are not to be occupied for taxi, takeoff, and landing, 
as is the case with Special Conditions No. 25-230-SC. These special 
conditions allow occupancy of the OFCR during taxi, takeoff, and 
landing, but there is no condition that requires occupancy of the OFCR 
such that it is permissible for the rest to be unoccupied during taxi, 
takeoff, and landing.
    Boeing further comments that the Compliance by Inspection in 
Condition 4.a. states, in part,
    Because a berth is required to have two separate exits, a fire 
within a berth that blocks an occupant of that berth from only one exit 
or the other need not be considered.
    Boeing believes that the proposed wording implies a requirement for 
two exits out of each berth (with berth meaning each bunk), which they 
further believe is not the intent of this condition, recommending 
replacing the proposed text with the following:
    A fire within a berth that only blocks the occupant of that berth 
from exiting the berth need not be considered.
    The FAA recognizes that the current wording is cause for confusion 
and agrees with the recommended wording, which is consistent with 
Boeing Model 787 airplane Special Conditions No. 25-418-SC.
    An individual commenter stated that Condition 1.b. appears to be 
inconsistent with Condition 1.a.iv. concerning smoking restriction and 
ashtray requirements, and recommends deleting Condition 1.b.
    The FAA does not agree with the recommendation to remove Condition 
1.b. Even though condition 1.a.iv prohibits smoking in the OFCR, the 
requirement of one ashtray on both the inside and outside of the OFCR 
entrance is a measure that is intended to further discourage smoking in 
the OFCR and to prevent improper disposal of smoking materials in the 
OFCR by providing a suitable disposal receptacle.
    The commenter notes that Condition 15.d requires that the 
supplemental oxygen system ``provide an aural and visual alert to warn 
occupants of the OFCR compartment to don oxygen masks in the event of 
decompression,'' for each berthing area, to alert sleeping crewmembers. 
The aural alert is required to sound continuously for a period no less 
than 5 minutes or ``until a reset switch within the OFCR compartment is 
activated.''
    The commenter recommends providing a means to prevent accidental

[[Page 81785]]

berth-occupant deactivation of the alerting system, to prevent 
deactivation of the oxygen-mask-alert reset switch due to turbulence or 
movement of a sleeping occupant. The commenter recommends that the 
reset-alarm switch be located away from the normal reach and position 
of an occupant in the berthing area, and that a physical guard, or 
similar means to prevent inadvertent deactivation, be provided.
    While the FAA recognizes that an alarm-reset switch may be subject 
to inadvertent activation if not optimally placed, the FAA does not 
agree that an additional requirement for the location or design of the 
alert-reset switch is necessary. The reset switch in the OFCR is out of 
reach of the berth occupants and is placed out of the way of normal 
movement within the compartment, as dictated by the limited space 
within the OFCR, as well as placement of the OFCR interior features.
    The commenter further states that crewmembers within the OFCR 
compartment should be provided immediate access to lifesaving 
equipment, such as personal flotation devices, adding that the special 
conditions do not appear to consider crew accessibility to such 
personal protective equipment.
    The FAA agrees that crewmembers within the OFCR should be provided 
immediate access to personal flotation devices. However, the 
installation of flotation devices in the OFCR is not within the scope 
of these special conditions. Rather, the existing requirements for 
life-vest installations which address access of the life vest by OFCR 
occupants can be found in Sec. Sec.  25.1411(f) and 25.1415(b). Other 
flotation means are addressed in 25.1415(e).
    Except as discussed above, the special conditions are adopted as 
proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 777-9 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, these special conditions 
would apply to that model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one airplane model. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Boeing Model 777-9 airplanes with an 
OFCR compartment installed adjacent to, or immediately aft of, the 
first pair of exits (Door 1).
    1. During flight, occupancy of the OFCR compartment is limited to 
the total number of installed bunks and seats in the compartment, and 
that are approved to the maximum flight-loading conditions. During 
TT&L, occupancy of the OFCR compartment is limited to the total number 
of installed seats approved for the flight and ground-load conditions, 
and emergency-landing conditions. Therefore, the OFCR compartment is 
limited to a maximum of four crewmembers during flight, and two 
flightcrew members during TT&L.
    a. Appropriate placards must be located inside and outside each 
entrance to the OFCR compartment to indicate:
    i. Occupancy is limited to flightcrew members (pilots) during TT&L.
    ii. The maximum number of crewmembers allowed during flight, and 
the maximum number of flightcrew members allowed during TT&L.
    iii. Occupancy is restricted to crewmembers the pilot in command 
has determined to be both trained in the emergency procedures for the 
OFCR compartment and able to rapidly use the evacuation routes.
    iv. Smoking is prohibited in the OFCR compartment.
    v. Stowage in the OFCR 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 OFCR compartment.
    c. A limitation in the airplane flight manual must restrict 
occupancy to crewmembers the pilot in command has determined to be both 
trained in the emergency procedures for the OFCR compartment and able 
to rapidly use the evacuation routes of the OFCR compartment.
    d. If mini-suites with doors are installed on the main deck beneath 
the OFCR, occupancy of the OFCR may be prohibited during TT&L due to 
the conditions of an exemption that allows installation of mini-suites. 
If occupancy of the OFCR during TT&L is further restricted by 
exemption, the placard required in Condition 1.a must reflect that 
occupancy of the OFCR is not allowed during TT&L in lieu of Condition 
1.a.i, stating occupancy is limited to flightcrew members (pilots) 
during TT&L.
    2. The following requirements are applicable to OFCR compartment 
doors:
    a. A means must be provided for any door installed between the OFCR 
compartment and the passenger cabin to be opened quickly from inside 
the OFCR compartment, and when crowding from an emergency evacuation 
occurs at each side of the door.
    b. Doors installed across emergency egress routes must have a means 
to latch them in the open position. The latching means must be able to 
withstand the loads imposed upon it when the door is subjected to the 
ultimate inertia forces, relative to the surrounding structure, listed 
in Sec.  25.561(b).
    c. A placard must be displayed in a conspicuous place on the 
outside of the entrance door of the OFCR compartment, and on any other 
door(s) installed across emergency egress routes of the OFCR 
compartment, requiring those doors to be latched open when the OFCR 
compartment is occupied during TT&L.
    i. This requirement does not apply to emergency-escape hatches 
installed in the floor of the OFCR compartment.
    ii. A placard must be displayed in a conspicuous place on the 
outside of the entrance door to the OFCR compartment, and that requires 
the compartment door to be closed and locked when it is not occupied.
    iii. Procedures for meeting these requirements must be transmitted 
to the operator for incorporation into its training programs and 
appropriate operational manuals.
    d. For all doors installed in the OFCR compartment, a means must be 
provided to prevent anyone from being trapped inside the OFCR 
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 OFCR compartment 
at any time.
    3. In addition to the requirements of Sec.  25.562 for seats that 
are occupiable during takeoff and landing, and restraint systems, the 
OFCR compartment structure must be compatible with the loads imposed by 
the seats as a result of the conditions specified in Sec.  25.562(b).
    4. At least two emergency evacuation routes must be available for 
use by each occupant of the OFCR compartment to

[[Page 81786]]

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 
OFCR compartment to minimize the possibility of an event either inside 
or outside of the OFCR compartment rendering both routes inoperative.
    Compliance with requirements of Condition 4.a. of these special 
conditions may be shown by inspection or by analysis. Regardless of 
which method is used, the maximum acceptable distance between OFCR 
compartment exits is 60 feet.

Compliance by Inspection

    Inspection may be used to show compliance with Condition 4.a. of 
these special conditions. An inspection finding that an OFCR 
compartment has evacuation routes located so that each occupant of the 
seats and berths has an unobstructed route to at least one of the OFCR 
compartment exits, 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, OFCR compartment exits that are located at 
opposite ends (i.e., adjacent to opposite-end walls) of the OFCR 
compartment would require no further review or analysis with regard to 
exit separation.

Compliance by Analysis

    Analysis must show that the OFCR compartment configuration and 
interior features allow all occupants of the OFCR 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:
    i. Fire inside or outside the OFCR compartment, considered 
separately, and the design elements used to reduce the available fuel 
for the fire.
    ii. Design elements used to reduce fire-ignition sources in the 
OFCR compartment.
    iii. Distribution and quantity of emergency equipment within the 
OFCR compartment.
    iv. 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.).
    v. An incapacitated person blocking the evacuation routes.
    vi. 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 deformations (reference Sec. Sec.  25.561(d) and 25.562(c)(8)), 
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 OFCR 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 OFCR 
compartment.
    The intent of this condition is to provide sufficient exit-route 
separation. Therefore, the exit-separation analysis described above 
should not be used to approve OFCR-compartment exits 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.
    For an OFCR compartment with one exit 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 
OFCR-compartment length), the exit separation from one exit to the 
other should not be less than 50 percent of the total OFCR compartment 
length.
    For OFCR compartments with neither required OFCR compartment exit 
located near the forward or aft end of the compartment (as measured by 
not having the centroid of either exit opening within 20 percent of the 
forward or aft end of the total OFCR compartment length), the exit 
separation from one exit to the other should not be less than 30 
percent of the total OFCR-compartment length.
    b. The evacuation 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 OFCR-
compartment exits. One of the two OFCR-compartment exits should not be 
located where normal movement or evacuation by passengers occurs (main 
aisle, cross aisle, or galley complex, for example) that would impede 
egress from the OFCR compartment. If an evacuation route is in an area 
where normal movement or evacuation 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 OFCR compartment from 
head injury. Use of evacuation routes must not depend on any powered 
device. If an OFCR-compartment exit 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 OFCR 
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 OFCR-compartment evacuation routes. This training must instruct 
crew to ensure that the OFCR compartment (including seats, doors, etc.) 
is in its proper TT&L configuration during TT&L.
    e. In the event no flight attendant is present in the area around 
the door to the OFCR compartment, and also during an emergency, 
including an emergency evacuation, a means must be available to prevent 
passengers on the main deck from entering the OFCR compartment.
    f. Doors or hatches separating the OFCR 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.
    g. The means of opening doors and hatches to the OFCR compartment 
must be simple and obvious. The OFCR compartment doors and hatches must 
be

[[Page 81787]]

able to be closed from the main passenger cabin.
    5. A means must be available for evacuating an incapacitated 
person, representative of a 95th percentile male, from the OFCR 
compartment to the passenger cabin floor. Such an evacuation must be 
demonstrated for all evacuation routes. A crewmember (a total of one 
assistant within the OFCR 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 OFCR 
compartment, or to the first landing, whichever is lower.
    6. The following signs and placards must be provided in the OFCR 
compartment and they must meet the following criteria:
    a. At least one exit sign, located near each OFCR compartment exit, 
meeting the emergency lighting requirements of Sec.  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 one-inch-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 
OFCR compartment.
    b. An appropriate placard located conspicuously on or near each 
OFCR-compartment door or hatch that defines the location and the 
operating instructions for access to and operation of the 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 Condition 6.b. of these special conditions, must be 
illuminated to at least 160 microlamberts under emergency lighting 
conditions.
    7. A means must be available, in the event of failure of the 
airplane main power system, or of the normal OFCR-compartment lighting 
system, for emergency illumination to be automatically provided for the 
OFCR compartment.
    a. This emergency illumination must be powered independently 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 OFCR 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 OFCR 
compartment to locate a deployed oxygen mask.
    8. A means must be available for two-way voice communications 
between crewmembers on the flight deck and occupants of the OFCR 
compartment. Two-way communications must also be available between 
occupants of the OFCR compartment and each flight attendant station in 
the passenger cabin that is required, per Sec.  25.1423(g), to have a 
public-address-system microphone. In addition, the public-address 
system must include provisions to provide only the relevant information 
to the crewmembers in the OFCR compartment (e.g., fire in flight, 
aircraft depressurization, preparation of the compartment for landing, 
etc.). That is, provisions must be made so that occupants of the OFCR 
compartment will not be disturbed with normal, non-emergency 
announcements made to the passenger cabin.
    9. 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 OFCR 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.
    10. A means, readily detectable by seated or standing occupants of 
the OFCR compartment, must be in place to indicate when seat belts 
should be fastened. Seatbelt-type restraints must be provided for 
berths and must be compatible with the sleeping position during cruise 
conditions. A placard on each berth must require that these 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.
    11. Protective breathing equipment must be provided in accordance 
with Sec.  25.1439, except that in lieu of a device for each 
crewmember, the following must be provided: Two PBE devices approved to 
Technical Standard Order (TSO)-C116 or equivalent, suitable for 
firefighting, or one PBE for each hand-held fire extinguisher, 
whichever is greater. The following equipment must also be provided in 
the OFCR compartment:
    a. At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur.
    b. One flashlight.
    Note: Additional PBE devices and fire extinguishers in specific 
locations, beyond the minimum numbers prescribed in Condition 11 of 
these special conditions, may be required as a result of the egress 
analysis accomplished to satisfy Condition 4.a. of these special 
conditions.
    12. A smoke- or fire-detection system (or systems) must be provided 
that monitors each occupiable space within the OFCR 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 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.
    13. A means to fight a fire must be provided. This can be either a 
built-in extinguishing system or a manual, hand-held extinguishing 
system.
    a. For a built-in extinguishing system:
    i. 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

[[Page 81788]]

suppression environment can be maintained.
    ii. 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:
    1. Enter the OFCR compartment at the time that demonstrated fire 
suppression effectiveness will be exceeded.
    2. Check for and extinguish any residual fire.
    3. 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 OFCR compartment:
    i. A limitation must be included in the airplane flight manual or 
other suitable means requiring that crewmembers be trained in the 
firefighting procedures.
    ii. The OFCR compartment design must allow crewmembers equipped for 
firefighting to have unrestricted access to all parts of the OFCR 
compartment.
    iii. The time for a crewmember on the main deck to react to the 
fire alarm, don the firefighting equipment, and gain access to the OFCR 
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.
    iv. Approved procedures describing methods for searching the OFCR 
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.
    14. A means must be provided to prevent hazardous quantities of 
smoke or extinguishing agent originating in the OFCR compartment from 
entering any other occupiable compartment.
    a. Small quantities of smoke may penetrate from the OFCR 
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 OFCR compartment are closed after evacuation 
of the compartment and during firefighting to minimize smoke and 
extinguishing agent entering other occupiable compartments.
    c. All 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 OFCR 
compartment. The amount of smoke entrained by a firefighter exiting the 
OFCR compartment is not considered hazardous.
    e. Flight tests must be conducted to show compliance with this 
requirement.
    15. A supplemental oxygen system within the OFCR compartment must 
provide the following:
    a. At least one mask for each seat and berth in the OFCR 
compartment.
    b. If a destination area (such as a changing area) is provided in 
the OFCR 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 
OFCR compartment, moving around within the OFCR compartment, or moving 
from the OFCR compartment to the main cabin.
    d. The system must provide an aural and visual alert to warn 
occupants of the OFCR 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 OFCR compartment and must sound continuously for a 
minimum of 5 minutes or until a reset switch within the OFCR 
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 OFCR 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 OFCR compartment must 
meet the 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 OFCR-compartment lighting 
system must automatically be sufficient for each occupant of the 
compartment to locate a deployed oxygen mask.
    16. The following additional requirements apply to OFCR 
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 example, for privacy purposes, the OFCR 
compartment into multiple sections. The placard must require that the 
curtain(s) remains open when the section it creates is unoccupied. The 
vestibule section adjacent to the stairway is not considered a private 
section and, therefore, does not require a placard.
    b. For each section of the OFCR compartment created by the 
installation of a curtain, the following requirements of these special 
conditions must be met with the curtain open or closed:
    i. No-smoking placard requirement (Condition 1).
    ii. Emergency illumination requirement (Condition 7).
    iii. Emergency alarm-system requirement (Condition 9).
    iv. Seatbelt-fasten signal or return-to-seat signal as applicable 
requirement (Condition 10).
    v. Smoke- or fire-detection system requirement (Condition 12).
    vi. Oxygen-system requirement (Condition 15).
    c. OFCR compartments that are visually divided to the extent that 
evacuation could be adversely affected must have exit signs directing 
occupants to the exit at the primary stairway. The exit signs must be 
provided in each separate section of the OFCR compartment, except for 
curtained bunks, and must meet requirements of Sec.  25.812(b)(1)(i). 
An exit sign with reduced background area or a symbolic exit sign, as 
described in Condition 6.a. of these special conditions, may be used to 
meet this requirement.
    d. For sections within an OFCR compartment created by the 
installation of a rigid partition with a door separating the sections, 
the following requirements of these special conditions must be met with 
the door open or closed:
    i. A secondary evacuation route from each section to the main deck, 
or the applicant must show that any door between the sections precludes 
anyone

[[Page 81789]]

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.
    ii. Any door between the sections must be shown to be openable when 
crowded against, even when crowding occurs at each side of the door.
    iii. No more than one door may be located between any seat or berth 
and the primary stairway door.
    iv. In each section, exit signs meeting requirements of Sec.  
25.812(b)(1)(i), or shown to have an equivalent level of safety, must 
direct occupants to the exit at the primary stairway. An exit sign with 
reduced background area or a symbolic exit sign, as described in 
Condition 6.a. of these special conditions, may be used to meet this 
requirement.
    v. Conditions 1 (no-smoking placards), 7 (emergency illumination), 
9 (emergency alarm system), 10 (fasten-seatbelt signal or return-to-
seat signal as applicable), 12 (smoke- or fire-detection system), and 
15 (oxygen system) must be met with the OFCR compartment door open or 
closed.
    vi. Conditions 8 (two-way voice communication) and 11 (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.
    17. If a waste-disposal receptacle is fitted in the OFCR 
compartment, it must be equipped with an automatic fire extinguisher 
that meets the performance requirements of Sec.  25.854(b).
    18. Materials (including finishes or decorative surfaces applied to 
the materials) must comply with the requirements of Sec.  25.853 as 
amended by Amendment 25-116. Seat cushions and mattresses must comply 
with the requirements of Sec.  25.853(c) as amended by Amendment 25-
116, and the test requirements of part 25, appendix F, part II, or 
other equivalent methods.
    19. The addition of a lavatory within the OFCR compartment would 
require the lavatory to meet the same requirements as those for a 
lavatory installed on the main deck, except with regard to Condition 12 
of these special conditions for smoke detection.
    20. Each stowage compartment in the OFCR compartment, except for 
underseat compartments for occupant convenience, must be completely 
enclosed. All enclosed stowage compartments within the OFCR 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 ft.\3\ 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 fire-extinguishing 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 Airplane-Supplied Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Applicability of fire protection requirements by interior volume
      Fire protection features      --------------------------------------------------------------------------------------------------------------------
                                              Less than 25 cu. ft.            25 cu. ft. to less than 57 cu. ft.         57 cu. ft. to 200 cu. ft.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compliant Materials of Construction  Yes..................................  Yes..................................  Yes.
 \1\.
Smoke or Fire Detectors \2\........  No...................................  Yes..................................  Yes.
Liner \3\..........................  No...................................  Conditional..........................  Yes.
Fire Location Detect \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 Sec.
    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.
\2\ Smoke 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., Sec.   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 Sec.   25.855
  for a Class B cargo compartment.
\4\ Fire 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.



[[Page 81790]]

    Issued in Des Moines, Washington, on December 4, 2020.
James E. Wilborn,
Acting Manager, Transport Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2020-27107 Filed 12-16-20; 8:45 am]
BILLING CODE 4910-13-P


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