81782 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

Dated: November 24, 2020. 

Wilma M. Robinson, 

Deputy Executive Secretary, Department of 

Health and Human Services. 

[FR Doc. 2020–26389 Filed 12–16–20; 8:45 am] 

BILLING CODE 4151–17–P 

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. 

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 

shannon.lennon@faa.gov. 

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, transportcategory 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 

§ 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 § 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 noisecertification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

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 maindeck 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 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 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 reevaluation 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 equivalentlevel-of-safety finding established for 

Boeing Model 777–9 airplanes may be 

used in lieu of the text required by 

§ 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 twomasks-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 § 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 § 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 § 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 § 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 §§ 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 

81784 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

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 floorproximity 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 exitmarker 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 restcompartment doors to be acceptable, 

because flightcrew rest compartments 

are not passenger compartments. 

Conditions 2 and 16 provide 

requirements for flightcrew restcompartment 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 minisuites, 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 minisuite 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 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 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 

§§ 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 § 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 

§ 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 § 25.562(b). 

4. At least two emergency evacuation 

routes must be available for use by each 

occupant of the OFCR compartment to 

81786 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

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 §§ 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 OFCRcompartment 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 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 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 

§ 25.812(b)(1)(i). One allowable 

exception would be a sign with reduced 

background area of no less than 5.3 

square inches (excluding the letters), 

provided that it is installed so that the 

material surrounding the exit sign is 

light in color (white, cream, light beige, 

for example). If the material 

surrounding the exit sign is not light in 

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

the letters would be acceptable. Another 

allowable exception is a sign with a 

symbol that the FAA has determined to 

be equivalent for use as an exit sign in 

an OFCR compartment. 

b. An appropriate placard located 

conspicuously on or near each OFCRcompartment 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 OFCRcompartment 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 twoway 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 § 25.1423(g), to 

have a public-address-system 

microphone. In addition, the publicaddress 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, nonemergency 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 

§ 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 handheld 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, handheld 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 

81788 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

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-toseat 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 

§ 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 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 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 § 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 (fastenseatbelt 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 § 25.854(b). 

18. Materials (including finishes or 

decorative surfaces applied to the 

materials) must comply with the 

requirements of § 25.853 as amended by 

Amendment 25–116. Seat cushions and 

mattresses must comply with the 

requirements of § 25.853(c) as amended 

by Amendment 25–116, and the test 

requirements of part 25, appendix F, 

part II, or other equivalent methods. 

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 fireextinguishing system, will require 

additional fire-protection considerations 

similar to those required for inaccessible 

compartments such as Class C cargo 

compartments. 

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

Fire protection features 

Applicability of fire protection requirements by interior volume 

Less than 25 cu. ft. 25 cu. ft. to less than 57 

cu. ft. 

57 cu. ft. to 

200 cu. ft. 

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

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 § 25.853. For compartments less than 25 ft.3 in interior volume, the design must ensure the ability to contain a fire likely to occur 

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

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

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

(b) An aural warning in the OFCR compartment. 

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

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

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

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

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

81790 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1122; Project 

Identifier MCAI–2020–00972–T; Amendment 

39–21357; AD 2020–26–02] 

RIN 2120–AA64 

Airworthiness Directives; Yabora ̃

Indu ́stria Aerona ́utica S.A. (Type 

Certificate Previously Held by Embraer 

S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Yabora ̃ Indu ́ stria Aerona ́utica S.A. (type 

certificate previously held by Embraer 

S.A.) Model ERJ 190–400 airplanes. This 

AD was prompted by a report of an inflight shutdown (IFSD) due in part to 

failure in the low-pressure compressor 

(LPC) rotor 1 during operation in high 

altitude at high thrust settings. This AD 

requires amending the airplane flight 

manual (AFM) to incorporate a new 

limitation and revise certain normal 

procedures, as specified in an Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) AD, 

which is incorporated by reference. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD becomes effective 

January 4, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 4, 2021. 

The FAA must receive comments on 

this AD by February 1, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For the material incorporated by 

reference (IBR) in this AD, contact 

National Civil Aviation Agency (ANAC), 

Aeronautical Products Certification 

Branch (GGCP), Rua Dr. Orlando 

Feirabend Filho, 230—Centro 

Empresarial Aquarius—Torre B— 

Andares 14 a 18, Parque Residencial 

Aquarius, CEP 12.246–190—Sa ̃o Jose ́

dos Campos—SP, BRAZIL, Tel: 55 (12) 

3203–6600; Email: pac@anac.gov.br; 

internet www.anac.gov.br/en/. You may 

find this IBR material on the ANAC 

website at https://sistemas.anac.gov.br/ 

certificacao/DA/DAE.asp. You may 

view this IBR material at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1122. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1122; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, any comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Krista Greer, Aerospace Engineer, Large 

Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3221; email 

krista.greer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2020–07–01, effective July 15, 2020 

(ANAC AD 2020–07–01) (also referred 

to as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for certain Yabora ̃ Indu ́ stria Aerona ́utica 

S.A. (type certificate previously held by 

Embraer S.A.) Model ERJ 190–400 

airplanes. 

This AD was prompted by a report of 

an IFSD due in part to failure in the LPC 

rotor 1 during operation in high altitude 

at high thrust settings. The FAA is 

issuing this AD to address uncontained 

release of the LPC rotor 1 and damage 

to the engine and airplane structure, 

which could result in loss of control of 

the airplane. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

ANAC AD 2020–07–01 describes 

procedures for amending the AFM to 

incorporate a new limitation and revise 

the normal procedures to limit the 

engine N1 setting for flights above 

33000 ft. This material is reasonably 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD 

because the FAA evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in the MCAI described 

previously, as incorporated by 

reference, except for any differences 

identified as exceptions in the 

regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 

use this process. As a result, ANAC AD 

2020–07–01 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with ANAC AD 

2020–07–01 in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this AD. Service 

information specified in ANAC AD 

2020–07–01 that is required for 

compliance with ANAC AD 2020–07–01 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1122.