Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67623 

contained herein. Therefore, because a 

delay would significantly affect the 

certification of the airplane, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

publication in the Federal Register. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Special Conditions 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the following special conditions are 

issued as part of the type certification 

basis for the Boeing Model 777–300ER 

airplane as modified by TIMCO 

Aerosystems. 

Side-Facing Seats Special Conditions 

In addition to the requirements of 

§ 25.562: 

1. Head-Injury Criteria 

Compliance with § 25.562(c)(5) is 

required, except that, if the 

anthropomorphic test device (ATD) has 

no apparent contact with the seat/

structure but has contact with an airbag, 

a head-injury criterion (HIC) unlimited 

score in excess of 1000 is acceptable, 

provided the HIC15 score (calculated in 

accordance with 49 CFR 571.208) for 

that contact is less than 700. 

2. Body-to-Wall/Furnishing Contact 

If a seat is installed aft of structure 

(e.g., an interior wall or furnishing) that 

does not provide a homogenous contact 

surface for the expected range of 

occupants and yaw angles, then 

additional analysis and/or test(s) may be 

required to demonstrate that the injury 

criteria are met for the area that an 

occupant could contact. For example, if 

different yaw angles could result in 

different airbag performance, then 

additional analysis or separate test(s) 

may be necessary to evaluate 

performance. 

3. Neck Injury Criteria 

The seating system must protect the 

occupant from experiencing serious 

neck injury. The assessment of neck 

injury must be conducted with the 

airbag device activated, unless there is 

reason to also consider that the neckinjury potential would be higher for 

impacts below the airbag-device 

deployment threshold. 

a. The Nij (calculated in accordance 

with 49 CFR 571.208) must be below 

1.0, where Nij =Fz/Fzc + My/Myc, and Nij

critical values are: 

i. Fzc = 1530 lb for tension 

ii. Fzc = 1385 lb for compression 

iii. Myc = 229 lb-ft in flexion 

iv. Myc = 100 lb-ft in extension 

b. In addition, peak upper-neck Fz

must be below 937 lb of tension and 899 

lb of compression. 

c. Rotation of the head about its 

vertical axis, relative to the torso, is 

limited to 105 degrees in either 

direction from forward-facing. 

d. The neck must not impact any 

surface that would produce 

concentrated loading on the neck. 

4. Spine and Torso Injury Criteria 

a. The shoulders must remain aligned 

with the hips throughout the impact 

sequence, or support for the upper torso 

must be provided to prevent forward or 

lateral flailing beyond 45 degrees from 

the vertical during significant spinal 

loading. Alternatively, the lumbar spine 

tension (Fz) cannot exceed 1200 lb. 

b. Significant concentrated loading on 

the occupant’s spine, in the area 

between the pelvis and shoulders 

during impact, including rebound, is 

not acceptable. During this type of 

contact, the interval for any rearward 

(X-direction) acceleration exceeding 20g 

must be less than 3 milliseconds as 

measured by the thoracic 

instrumentation specified in 49 CFR 

part 572, subpart E, filtered in 

accordance with SAE International 

(SAE) J211–1. 

c. Occupant must not interact with 

the armrest or other seat components in 

any manner significantly different than 

would be expected for a forward-facing 

seat installation. 

5. Longitudinal test(s), conducted to 

measure the injury criteria above, must 

be performed with the FAA Hybrid III 

ATD, as described in SAE 1999–01– 

1609. The test(s) must be conducted 

with an undeformed floor, at the mostcritical yaw case(s) for injury, and with 

all lateral structural supports (armrests/ 

walls) installed. 

Note: TIMCO Aerosystems must 

demonstrate that the installation of seats via 

plinths or pallets meets all applicable 

requirements. Compliance with the guidance 

contained in FAA Policy Memorandum PS– 

ANM–100–2000–00123, dated February 2, 

2000, titled ‘‘Guidance for Demonstrating 

Compliance with Seat Dynamic Testing for 

Plinths and Pallets,’’ is acceptable to the 

FAA. 

Inflatable Lap Belt Special Conditions 

If inflatable lap belts are installed on 

single-place side-facing seats, the lap 

belts must meet Special Conditions no. 

25–187A–SC. 

Issued in Renton, Washington, on October 

28, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–27936 Filed 11–2–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–3368; Special 

Conditions No. 25–603–SC] 

Special Conditions: Embraer Model 

EMB–545 and EMB–550 Airplanes; 

Occupant Protection For Side-Facing 

Seats Forward of Aft-Facing Seats 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Embraer Model EMB–545 and 

EMB–550 airplanes. These airplanes 

will have a novel or unusual design 

feature associated with a seat 

configuration of side-facing seats 

positioned forward of aft-facing seats, 

and with a structural armrest between 

the side-facing and aft-facing seats. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is November 3, 2015. 

We must receive your comments by 

December 18, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–3368 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

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67624 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can 

be found in the Federal Register 

published on April 11, 2000 (65 FR 

19477–19478), as well as at http://

DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2194, facsimile 

(425) 227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for, prior public comment 

on these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected airplane. The FAA therefore 

finds that good cause exists for making 

these special conditions effective upon 

issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On October 14, 2010, Embraer S.A. 

applied for an amendment to type 

certificate no. TC00062IB to include the 

new Embraer Model EMB–545 airplane. 

These special conditions allow 

installation of side-facing seats forward 

of aft-facing seats in Embraer Model 

EMB–545 and EMB–550 airplanes. 

The Embraer Model EMB–545 

airplane is a derivative of the Model 

EMB–550 airplane currently approved 

under type certificate no. TC00062IB. 

As compared to the Model EMB–550, 

the Model EMB–545 fuselage is one 

meter shorter. The Model EMB–545 

airplane is designed for an eightpassenger configuration and a maximum 

of nine passengers (including lavatory 

seat). 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Embraer must show that the 

Model EMB–545 and EMB–550 

airplanes meet the applicable provisions 

of the regulations listed in type 

certificate no. TC00062IB, or the 

applicable regulations in effect on the 

date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. The regulations listed 

in the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in type 

certificate no. TC00062IB are as follows: 

Title 14, Code of Federal Regulations 

part 25, effective February 1, 1965, 

including Amendments 25–1 through 

25–129, in their entirety. In addition, 

the certification basis includes certain 

special conditions, exemptions, or later 

amended sections of the applicable part 

that are not relevant to these special 

conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for Embraer Model EMB–545 and EMB– 

550 airplanes because of a novel or 

unusual design feature, special 

conditions are prescribed under § 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, Embraer Model EMB–545 

and EMB–550 airplanes 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 § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

Embraer Model EMB–545 and EMB– 

550 airplanes will incorporate the 

following novel or unusual design 

feature: Side-facing seats installed 

forward of aft-facing seats. 

Discussion 

This issuance of special conditions for 

side-facing seats installed forward of aftfacing seats requires dynamic seat 

testing. Such tests are required of all 

applicants who plan to install sidefacing and oblique seating in passenger 

airplanes. 

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Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67625 

The intent of the dynamic seat testing 

is to evaluate airplane seats, restraints, 

and related interior systems to 

demonstrate their structural strength 

and their ability to protect an occupant 

from serious injuries in a survivable 

crash. The current regulations (14 CFR 

25.561, 25.562, and 25.785) address 

occupant-injury protection for forwardand aft-facing seats. The FAA has issued 

special conditions no. 25–495–SC for 

Embraer Model EMB–545 and EMB–550 

airplanes to address the additional 

occupant-injury protection concerns 

raised by for side-facing seats. However, 

the aft occupant of the side-facing seat 

(see Figure 1 in these special 

conditions) may interact with the aftfacing seat, a scenario that the 

regulations do not specifically address. 

The aft-facing seat back could deform 

during the dynamic-test event, and 

could contact the occupant in the aft 

side-facing seat. The point that the seat 

back contacts the occupant could be in 

an area of the body that has no defined, 

acceptable, injury-evaluation method, 

such as the shoulder. This type of 

contact is addressed in the abovementioned side-facing-seat special 

conditions, which prohibit body-tobody contact. 

The applicant proposed installing a 

structural armrest between the sidefacing seat and the aft-facing seat to help 

prevent contact between the aft-facing 

seat and the aft occupant of the sidefacing seat. The FAA believes that this 

contact would be likely to occur if the 

structural armrest failed to perform as 

intended in an emergency landing. 

Therefore, the purpose of these special 

conditions is to define the specific 

structural requirements of the proposed 

structural armrest, and the additional 

requirements necessary to protect the 

seated occupant from both the sidefacing seat and the adjacent aft-facing 

seat. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Applicability 

These special conditions are 

applicable to Embraer Model EMB–545 

and EMB–550 airplanes. Should 

Embraer apply at a later date for a 

change to the type certificate to include 

another 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 apply to the other 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on Embraer 

Model EMB–545 and EMB–550 

airplanes. It is not a rule of general 

applicability, and it affects only those 

airplanes listed on amended type 

certificate no. TC00062IB. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Special Conditions 

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 Embraer Model 

EMB–545 and EMB–550 airplanes with 

side-facing seats installed forward of aftfacing seats. 

The applicant must propose a 

certification strategy for the structural 

armrest. This strategy must address the 

structural integrity of the structural 

armrest, and occupant protection, after 

a survivable crash. The strategy must 

define how the applicant will ensure 

that the installation, when deformed 

due to the application of static, 

dynamic, and interaction (with aftfacing seat) loads, and while complying 

with the applicable 14 CFR 25.561 and 

25.562 requirements: 

1. The proposed structural armrest 

will not touch the side-facing seat’s aft 

occupant, and the occupant will not act 

as an ‘‘human cushion;’’ 

2. The backrest of the aft-facing seat 

will not touch the side-facing seat’s aft 

occupant; 

3. The proposed structural armrest 

will not impose loads to the side-facing 

seat structure, and; 

4. The seat back of the aft-facing seat 

will not, as a result of contact with the 

structural armrest, result in damage or 

deformation of the seat back that could 

be injurious to the occupant of the aftfacing seat. 

In addition, the applicant must: 

1. Test the structural armrest with 

pitch and roll of the seat track to ensure 

that the armrest continues to protect the 

occupant of the side-facing seat. 

2. Conduct at least two 16G forwardstructural tests with the combination of 

the side-facing seat, structural armrest, 

and the aft-facing seat. For these tests, 

the applicant must account for all 

structural requirements and post-test 

conditions. 

3. Document any load sharing 

between the side-facing seat, structural 

armrest, and the aft-facing seat. 


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67626 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 

1The Department of Housing and Urban 

Development Appropriations Act, 2014, references 

section 502 of the Congressional Budget Act of 

1974. Section 502 was added to the Congressional 

Budget Act of 1974 by the Federal Credit Reform 

Act of 1990, Public Law 101–508, title XIII, subtitle 

B, section 13201(a), 104 Stat. 1388–610. 

4. Address the worst-case floor 

deformation that: 

a. Produces the maximum load into 

the structural armrest. This includes the 

load caused by the floor deformation 

and the load from the aft-facing seat 

back. 

b. allows the aft-facing seat back the 

most forward dynamic deformation in 

the area of the side-facing seat’s aft 

occupant. No contact between the aftfacing seat and the side-facing seat aft 

occupant is acceptable. 

Issued in Renton, Washington, on October 

27, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–27937 Filed 11–2–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 570 

[Docket No. FR–5767–F–03] 

RIN 2506–AC35 

Section 108 Loan Guarantee Program: 

Payment of Fees To Cover Credit 

Subsidy Costs 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule amends HUD’s 

Section 108 Loan Guarantee Program 

(Section 108 Program) regulations to 

permit HUD to collect fees from Section 

108 borrowers to offset the credit 

subsidy costs of Section 108 loan 

guarantees. The Department of Housing 

and Urban Development Appropriations 

Acts of 2014 and 2015 authorize HUD, 

for each of those fiscal years, to collect 

fees from borrowers to offset the credit 

subsidy costs for the guaranteed loans. 

This final rule amends HUD’s Section 

108 Program regulations to ensure that 

HUD can begin to make Section 108 

loan guarantee commitments without 

appropriated credit subsidy budget 

authority, in accordance with applicable 

law. This final rule follows publication 

of the February 5, 2015, proposed rule 

and adopts the proposed rule with 

minor, clarifying changes to how HUD 

will determine and announce the 

amount of the fee. Elsewhere in today’s 

Federal Register, HUD is publishing a 

document that sets the fee that it will 

charge borrowers under the Section 108 

Program for loan guarantee 

commitments awarded in Fiscal Year 

(FY) 2016. 

DATES: Effective Date: December 3, 2015. 

FOR FURTHER INFORMATION CONTACT: Paul 

Webster, Director, Financial 

Management Division, Office of Block 

Grant Assistance, Office of Community 

Planning and Development, Department 

of Housing and Urban Development, 

451 7th Street SW., Room 7180, 

Washington, DC 20410; telephone 

number 202–708–1871 (this is not a tollfree number). Individuals with speech 

or hearing impairments may access this 

number through TTY by calling the 

Federal Relay Service, toll-free, at 800– 

877–8339. Faxed inquiries (but not 

comments) may be sent to Mr. Webster 

at 202–708–1798 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The February 5, 2015, Proposed Rule 

On February 5, 2015, HUD published 

a rule in the Federal Register, at 80 FR 

6470, proposing to amend the Section 

108 regulations at 24 CFR part 570, 

subpart M, to permit HUD, in 

accordance with statutory authority, to 

collect fees from Section 108 borrowers 

to offset the cost of Section 108 loan 

guarantees. HUD published its proposal 

in anticipation of annual appropriations 

that do not include budget authority for 

a credit subsidy and require HUD to 

collect fees from borrowers to cover the 

credit subsidy costs for guaranteeing the 

loans. 

HUD’s February 5, 2015, rule 

proposed establishing a new section, 

§ 570.712, entitled ‘‘Collection of fees; 

procedure to determine amount of the 

fee,’’ that would provide for the 

collection of fees for the Section 108 

Loan Guarantee Program. Specifically, 

§ 570.712 would provide that when 

HUD has been authorized to collect a fee 

for the Section 108 Program and 

Congress has not appropriated a subsidy 

for the Section 108 Program or the 

appropriated subsidy is insufficient to 

offset the costs of the Section 108 loan 

guarantees, HUD will collect a fee for 

the program. When such conditions 

occur, HUD stated that it would 

announce through notice published in 

the Federal Register its intent to impose 

a fee and explain the basis and amount 

of the fee imposed. The fee that would 

be imposed would be expressed as a 

percentage of the principal amount of 

the guaranteed loan. Recognizing that 

the amount of the fee would be 

dependent upon the authority provided 

by HUD’s annual appropriations to issue 

loan guarantee commitments and could 

vary from year to year, HUD proposed 

announcing the fee through notice 

published in the Federal Register rather 

than codifying it in § 570.712. HUD 

stated that the amount of the fee would 

reduce the credit subsidy cost to the 

Federal Government to a level that 

eliminates the need for appropriated 

credit subsidy budget authority. 

In addition to establishing the new 

§ 570.712, the February 5, 2015, rule 

proposed related amendments to other 

sections of part 570, subpart M, to 

implement the authority to charge 

Section 108 borrowers a fee. 

Specifically, HUD proposed amending 

§ 570.701 (Definitions) to add a 

definition of ‘‘credit subsidy cost’’ to 

mean the estimated long-term cost to the 

Federal Government of a Section 108 

loan guarantee or a modification thereof, 

calculated on a net present value basis, 

excluding administrative costs and any 

incidental effects on governmental 

receipts or outlays. HUD based this 

definition on the definition of ‘‘cost’’ in 

the Federal Credit Reform Act of 1990 1

(2 U.S.C. 661–661f at § 661a), modified 

to exclude direct loans, which are not 

authorized under the Section 108 

Program. HUD also proposed amending 

§ 570.705(g) to add, as a loan 

requirement, that each public entity, or 

its designated public agency, and each 

State issuing debt obligations pay any 

and all fees charged by HUD for the 

purpose of paying the credit subsidy 

costs of the loan guarantee. 

To facilitate the payment of these 

charges, HUD’s February 5, 2015, rule 

proposed permitting the payment of 

these fees from guaranteed loan 

proceeds. HUD proposed amending 

§ 570.703 (Eligible activities) to provide 

that guaranteed loan funds may be used 

for the payment of fees charged by HUD, 

when the fees are paid from the 

disbursement of guaranteed loan funds. 

In addition, to notify the public of plans 

to use grant funds or loan proceeds to 

pay the fee, HUD proposed changes to 

§ 570.704 (Application requirements) to 

require that applicants include the 

estimated amount of the fee to be paid 

in the application for loan guarantee 

assistance. Use of grant funds for fees or 

payments of principal and interest 

would also need to be included in each 

applicant’s consolidated plan. 

Finally, HUD proposed amending 

§ 570.200(a)(3)(iii) to clarify that when 

the fee is paid from the proceeds of a 

guaranteed loan, grant funds used to 

repay that loan would not be subject to 

the requirement that not less than 70 

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