This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19148 

Vol. 77, No. 62 

Friday, March 30, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0343; Notice No. 25– 

460–SC] 

Special Conditions: Airbus, A350–900 

Series Airplane; Crew Rest 

Compartments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for Airbus A350–900 series 

airplanes. These airplanes will have 

novel or unusual design features 

associated with two separate Crew Rest 

Compartments: a Flight Crew Rest 

Compartment (FCRC) intended to be 

occupied by flight crew members only, 

and a Cabin Crew Rest Compartment 

(CCRC) intended to be occupied by 

cabin crew members. Both types of 

Crew Rest Compartments (CRC) are 

installed in the overhead area with 

access from the main deck. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed 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: We must receive your comments 

by May 14, 2012. 

ADDRESSES: Send comments identified 

by docket number FAA–2012–0343 

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. 

• 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 8 

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

Friday, except federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

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

including any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http:// 

DocketsInfo.dot.gov/. 

Docket: Background documents or 

comments received may be read at 

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

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

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

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, FAA, Airframe/Cabin Safety, 

ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington, 98057–3356; 

telephone (425) 227–2136; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to acknowledge receipt 

of your comments on this proposal, 

include with your comments a selfaddressed, stamped postcard on which 

you have written the docket number. 

We will stamp the date on the postcard 

and mail it back to you. 

Background 

On August 25, 2008, Airbus applied 

for a type certificate for their new A350– 

900 series airplane. Later, Airbus 

requested and the FAA approved an 

extension to the application for FAA 

type certification to June 28, 2009. The 

A350–900 series has a conventional 

layout with twin wing-mounted Rolls 

Royce Trent engines. It features a twin 

aisle 9-abreast economy class layout, 

and accommodates side-by-side 

placement of LD–3 containers in the 

cargo compartment. The basic A350– 

900 series configuration will 

accommodate 315 passengers in a 

standard two-class arrangement. The 

design cruise speed is Mach 0.85 with 

a Maximum Take-Off Weight of 591,000 

lbs. Airbus proposes the A350–900 

series to be certified for extended 

operations (ETOPS) beyond 180 minutes 

at entry into service for up to a 420- 

minute maximum diversion time. 

Crew rest compartments have been 

previously installed and certificated on 

several Airbus airplane models (as well 

as those of other manufacturers) in 

various locations including the main 

passenger seating area, and the overhead 

space above the main passenger cabin 

seating area. In each case, the FAA 

determined that the applicable Title 14 

Code of Federal Regulations (14 CFR) 

sections 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. When the FAA finds that 

the applicable airworthiness regulations 


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do not contain adequate or appropriate 

safety standards because of a novel or 

unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. The special 

conditions contain safety standards that 

the FAA considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

The FAA has previously written 

special conditions to address crew rest 

compartment installations in various 

locations for various models. These 

special conditions have been very 

similar in content, but the particular 

details of a given installation have 

resulted in differences between the 

actual special conditions. The FAA has 

used the experience gained over time 

from prior special conditions to refine 

and enhance the special conditions 

proposed in this special condition. In 

the case of the A350–900 series, these 

proposed special conditions reflect the 

knowledge gained from those programs 

and therefore have some differences in 

wording from prior Airbus special 

conditions, even though the overall 

intent of the proposed special 

conditions is essentially the same. 

Type Certification Basis 

Under Title 14, Code of Federal 

Regulations (14 CFR) 21.17, Airbus must 

show that the A350–900 series airplane 

meets the applicable provisions of 14 

CFR part 25, as amended by 

Amendments 25–1 through 25–128. 

If the Administrator finds that the 

applicable airworthiness regulations 

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

adequate or appropriate safety standards 

for the A350–900 series airplane 

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 or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the A350–900 series 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 must also issue a finding of 

regulatory adequacy under § 611 of 

Public Law 92–574, the ‘‘Noise Control 

Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, under § 11.38, 

and they become part of the typecertification basis under § 21.17(a)(2). 

Novel or Unusual Design Features 

The Airbus A350–900 series will 

incorporate the following novel or 

unusual design features: two separate 

Crew Rest Compartments in the 

overhead area accessible from the main 

deck. The FCRC is intended to be 

occupied by flight crew members only, 

and a CCRC is intended to be occupied 

by cabin crew members only. These 

compartments are unique to part 25 

because of their design, location, and 

use on the airplane. Because of the 

novel or unusual features associated 

with installation of these compartments, 

special conditions are considered 

necessary to provide a level of safety 

equal to that established by the 

airworthiness regulations. 

Discussion 

Compliance with these special 

conditions does not ensure that the 

applicant has demonstrated compliance 

with the requirements of 14 CFR part 

91, 121, or 135. 

In order to obtain an operational 

evaluation, the type design holder must 

contact the appropriate Aircraft 

Evaluation Group (AEG) in the Flight 

Standards Service and request an 

evaluation for operational suitability of 

the flight crew sleeping quarters in their 

crew rest facility. Results of these 

evaluations should be documented and 

appended to the A350 Flight 

Standardization Board (FSB) Report. 

Individual operators may reference 

these standardized evaluations in 

discussions with their FAA Principal 

Operating Inspector (POI) as the basis 

for an operational approval, in lieu of an 

on-site operational evaluation. 

Any changes to the approved 

overhead crew rest compartment 

configuration that affect crewmember 

emergency egress or any other 

procedures affecting the safety of the 

occupying crewmembers and/or related 

training shall require a re-evaluation 

and approval. The applicant for a crew 

rest design change that affects egress, 

safety procedures, or training is 

responsible for notifying the FAA’s AEG 

that a new crew rest facility evaluation 

is required. 

Procedures must be developed to 

assure that a crewmember entering the 

overhead crew rest compartment 

through the vestibule to fight a fire will 

examine the vestibule and the lavatory 

areas for the source of the fire prior to 

entering the remaining areas of the crew 

rest compartment. These procedures are 

intended to assure that the source of the 

fire is not between the crewmember and 

the primary exit. In the event a fire 

source is not immediately self-evident 

to the firefighter, the firefighter should 

check for potential fire sources at areas 

closest to the primary exit first, then 

proceed to check areas in such a manner 

that the fire source, when found, would 

not be between the firefighter and the 

primary exit. Procedures describing 

methods to search the overhead crew 

rests for fire source(s) must be 

transmitted to the operator for 

incorporation into their training 

programs and appropriate operational 

manuals. 

Applicability 

As discussed above, these special 

conditions apply to the A350–900 series 

airplanes. Should Airbus apply later for 

a change to the type certificate to 

include another model incorporating the 

same novel or unusual design feature, 

the special conditions would apply to 

that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the Airbus 

A350–900 series airplanes. It is not a 

rule of general applicability. 

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 Proposed Special Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Airbus 

A350–900 series airplanes. 

1. Occupancy of the overhead crew 

rest compartment is limited to the total 

number of installed bunks and seats in 

each compartment, and is not allowed 

for taxi, takeoff and landing. There must 

be an approved seat or berth able to 

withstand the maximum flight loads 

when occupied for each occupant 

permitted in the overhead crew rest 

compartment. In addition, the 

maximum occupancy in the overhead 

crew rest compartment may be limited 

as necessary to provide the required 

level of safety. 

(a) There must be appropriate 

placards, inside and outside each 

entrance to the overhead crew rest 

compartment to indicate: 

(1) The maximum number of 

occupants allowed, 

(2) That occupancy is restricted to 

crewmembers who are trained in the 


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evacuation procedures for the overhead 

crew rest compartment, 

(3) That occupancy is prohibited 

during taxi, take-off and landing, 

(4) That smoking is prohibited in the 

overhead crew rest compartment, and 

(5) That stowage in the crew rest 

compartment area is limited to crew 

personal luggage. The stowage of cargo 

or passenger baggage is not allowed. 

(b) There must be at least one ashtray 

on the inside and outside of any 

entrance to the overhead crew rest 

compartment. 

(c) There must be a means to prevent 

passengers from entering the overhead 

crew rest compartment in the event of 

an emergency or when no flight 

attendant is present. 

(d) There must be a means for any 

door installed between the overhead 

crew rest compartment and passenger 

cabin to be capable of being quickly 

opened from inside the compartment, 

even when crowding occurs at each side 

of the door. 

(e) For all doors installed, there must 

be a means to preclude anyone from 

being trapped inside the overhead crew 

rest 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 the 

compartment from being opened from 

the inside at any time. 

(f) The means of opening doors and 

hatches to the overhead crew rest 

compartment must be simple and 

obvious. In addition, doors or hatches 

that separate the overhead crew rest 

compartment from the main deck must 

not adversely affect evacuation of 

occupants on the main deck (slowing 

evacuation by encroaching into aisles in 

a way that is not easily reversible, for 

example) or cause injury to those 

occupants during opening or while 

opened. 

2. There must be at least two 

emergency evacuation routes, which 

could be used by each occupant of the 

overhead crew rest compartment to 

evacuate rapidly to the main cabin. 

(a) The routes must also be able to be 

closed from the main passenger cabin 

after evacuation. In addition, the routes 

must be located with sufficient 

separation within the overhead crew 

rest compartment to minimize the 

possibility of an event either inside or 

outside of the crew rest compartment 

which would render both routes 

inoperative. 

Compliance to the requirements of 

proposed special condition no. 2. may 

be shown by inspection or by analysis. 

Regardless which method is used, the 

maximum acceptable exit separation is 

60 feet measured between exit openings. 

Compliance by Inspection 

An overhead crew rest compartment 

less than 60 feet in length in which the 

evacuation routes are located such that 

each occupant of the seats and berths 

has an unobstructed route to at least one 

of the evacuation routes regardless of 

the location of a fire would be 

acceptable by inspection. A fire within 

a berth that only blocks the occupant of 

that berth from exiting the berth need 

not be considered. Therefore, exits 

which are located at absolute opposite 

ends (i.e., adjacent to opposite end 

walls) of the crew rest would require no 

further review or analysis with regard to 

exit separation. 

Compliance by Analysis 

Analysis must show the overhead 

crew rest compartment configuration 

and interior features provide for all 

occupants of the overhead crew rest 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: 

(1) Fire inside or outside the overhead 

crew rest compartment considered 

separately and the design elements used 

to reduce the available fuel for the fire, 

(2) Design elements to reduce the fire 

ignition sources in the overhead crew 

rest compartment, 

(3) Distribution and quantity of 

emergency equipment within the 

overhead crew rest compartment, 

(4) 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., 

(5) An incapacitated person blocking 

the evacuation routes, 

(6) 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. The design features 

that should be considered include, but 

are not limited to, seat-back break-over, 

the elimination of rigid structure that 

reduces access from one part of the 

compartment to another, the elimination 

of items that are known to be the cause 

of potential hazards, the availability of 

emergency equipment to address fire 

hazards, the availability of 

communications equipment, 

supplemental restraint devices to retain 

items of mass that could hinder 

evacuation if broken loose, and load 

path isolation between components that 

contain the evacuation routes. 

Analysis of the fire threats should be 

used in determining the placement of 

required fire extinguishers and 

protective breathing equipment (PBEs) 

and should consider the possibility of 

fire in any location in the overhead crew 

rest compartment. The location and 

quantity of PBEs and fire extinguishers 

should allow occupants located in any 

approved seats or berths access to the 

equipment necessary to fight a fire in 

the overhead crew rest compartment. 

The intent of this proposed special 

condition is to provide sufficient exit 

separation. The exit separation analysis 

described above should not be used to 

approve exits which 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 overhead crew rest compartments 

with one exit located near the forward 

or aft end of an overhead crew rest 

compartment, as measured by having 

the centroid of the exit opening within 

20 percent of the forward or aft end of 

the total overhead crew rest 

compartment length, the exit separation 

should not be less than 50 percent of the 

total overhead crew rest compartment 

length. 

For overhead crew rest compartments 

with neither required exit located near 

the forward or aft end of the overhead 

crew rest compartment, as measured by 

not having the centroid of either exit 

opening within 20 percent of the 

forward or aft end of the total overhead 

crew rest compartment length, the exit 

separation should not be less than 30 

percent of the total overhead crew rest 

compartment length. 

(b) The 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 

escape route. One of the evacuation 

routes should not be located where 

normal movement by passengers, such 

as in the main aisle, cross aisle or galley 

complex, would impede egress from the 

overhead crew rest compartment when 

it is occupied. If an evacuation route 

utilizes an area where normal 

movement of passengers occurs, it must 

be demonstrated that passengers would 

not impede egress to the main deck. If 

there is low headroom at or near the 

evacuation route, provisions must be 

made to prevent or to protect occupants 

of the overhead crew rest compartment 

from head injury. The use of evacuation 

routes must not be dependent on any 

powered device. If the evacuation path 

is over an area where there are 


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passenger seats, a maximum of five 

passengers may be displaced from their 

seats temporarily during the evacuation 

process of an incapacitated person(s). If 

the 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 the emergency evacuation of 

an incapacitated occupant from the 

overhead crew rest compartment, must 

be established. All of these procedures 

must be transmitted to the operator for 

incorporation into their training 

programs and appropriate operational 

manuals. 

(d) There must be a limitation in the 

Airplane Flight Manual or other suitable 

means requiring that crewmembers be 

trained in the use of all evacuation 

routes. 

3. There must be a means for the 

evacuation of an incapacitated person, 

representative of a ninety-fifth 

percentile male, from the overhead crew 

rest compartment to the passenger cabin 

floor. 

(a) The evacuation must be 

demonstrated for all evacuation routes. 

One person, e.g., a crewmember or 

assistant, within the overhead crew rest 

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. 

(b) For evacuation routes having 

stairways, the additional assistants may 

ascend up to one half the elevation 

change from the main deck to the 

overhead crew rest compartment, or to 

the first landing, whichever is lower. 

4. The following signs and placards 

must be provided in the overhead crew 

rest compartment: 

(a) At least one exit sign meeting the 

requirements of § 25.812(b)(1)(i) must be 

located near each exit. One allowable 

exception is utilization of a sign with 

reduced background area of no less than 

5.3 square inches (excluding the letters), 

provided that it is installed such that 

the material surrounding the exit sign is 

light in color (e.g., white, cream, light 

beige). 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 also 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 overhead crew rest compartment. 

(b) An appropriate placard located 

near each exit defining the location and 

the operating instructions for each 

evacuation route. 

(c) Placards must be readable from a 

distance of 30 inches under emergency 

lighting conditions. 

(d) The exit handles and evacuation 

path operating instruction placards 

must be illuminated to at least 160 

microlamberts under emergency lighting 

conditions. 

5. If the aircraft’s main power system 

fails, or of the normal overhead crew 

rest compartment lighting system fails, 

there must be a means for emergency 

illumination to be automatically 

provided for the overhead crew rest 

compartment. 

(a) This emergency illumination must 

be independent 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 for the occupants of the 

overhead crew rest compartment to 

locate and transfer to the main 

passenger cabin floor by means of each 

evacuation route. 

6. There must be means for two-way 

voice communications between 

crewmembers on the flight deck and 

occupants of the overhead crew rest 

compartment. There must also be twoway communications between the 

occupants of the overhead crew rest 

compartment and each flight attendant 

station required to have a public address 

system microphone per § 25.1423(g) in 

the passenger cabin. In addition, the 

public address system must include 

provisions to provide only the relevant 

information to the flight crewmembers 

in the overhead crew rest compartment 

(e.g., fire in flight, aircraft 

depressurization, preparation of the 

compartment occupants for landing.). 

7. There must be a means 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 overhead crew rest 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. 

8. There must be a means, readily 

detectable by seated or standing 

occupants of the overhead crew rest 

compartment, which indicates when 

seat belts should be fastened. In the 

event there are no seats, at least one 

means must be provided to cover 

anticipated turbulence such as sufficient 

handholds. Seat belt type restraints 

must be provided for berths and must be 

compatible for the sleeping attitude 

during cruise conditions. There must be 

a placard on each berth requiring that 

seat belts must be fastened when 

occupied. If compliance with any of the 

other requirements of these special 

conditions is predicated on specific 

head location, there must be a placard 

identifying the head position. 

9. In lieu of the requirements 

specified in § 25.1439(a) that pertain to 

isolated compartments and to providing 

a level of safety equivalent to that for 

occupants of an isolated galley, the 

following equipment must be provided 

in the overhead crew rest compartment: 

(a) At least one approved hand-held 

fire extinguisher appropriate for the 

kinds of fires likely to occur, 

(b) Two Protective Breathing 

Equipment (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, and 

(c) One flashlight. 

Note: Additional PBEs and fire 

extinguishers in specific locations, beyond 

the minimum numbers prescribed in Special 

Condition No. 9 may be required as a result 

of the egress analysis accomplished to satisfy 

Special Condition No. 2(a). 

10. A smoke or fire detection system 

or systems must be provided that 

monitors each occupiable area within 

the overhead crew rest compartment, 

including those areas partitioned by 

curtains. Flight tests must be conducted 

to show compliance with this 

requirement. Each system or systems 

must provide: 

(a) A visual indication to the 

flightdeck within one minute after the 

start of a fire; 

(b) An aural warning in the overhead 

crew rest compartment; and 

(c) A warning in the main passenger 

cabin. This warning must be readily 

detectable by a flight attendant, 

considering the positioning of flight 

attendants throughout the main 

passenger compartment during various 

phases of flight. 

11. The overhead crew rest 

compartment must be designed such 

that fires within the compartment can 


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be controlled without a crewmember 

having to enter the compartment, or the 

design of the access provisions must 

allow crewmembers equipped for 

firefighting to have unrestricted access 

to the compartment. The time for a 

crewmember on the main deck to react 

to the fire alarm, to don the firefighting 

equipment, and to gain access must not 

exceed the time for the compartment to 

become smoke-filled, making it difficult 

to locate the fire source. Procedures 

describing methods to search the 

overhead crew rests for fire sources(s) 

must be established. These procedures 

must be transmitted to the operator for 

incorporation into their training 

programs and appropriate operational 

manuals. 

12. There must be a means provided 

to exclude hazardous quantities of 

smoke or extinguishing agent 

originating in the overhead crew rest 

compartment from entering any other 

compartment occupied by crewmembers 

or passengers. This means must include 

the time periods during the evacuation 

of the overhead crew rest compartment 

and, if applicable, when accessing the 

overhead crew rest compartment to 

manually fight a fire. Smoke entering 

any other compartment occupied by 

crewmembers or passengers when the 

access to the overhead crew rest 

compartment is opened, during an 

emergency evacuation, must dissipate 

within five minutes after the access to 

the overhead crew rest compartment is 

closed. Hazardous quantities of smoke 

may not enter any other compartment 

occupied by crewmembers or 

passengers during subsequent access to 

manually fight a fire in the overhead 

crew rest compartment (the amount of 

smoke entrained by a firefighter exiting 

the overhead crew rest compartment 

through the access is not considered 

hazardous). During the one-minute 

smoke detection time, penetration of a 

small quantity of smoke from the 

overhead crew rest compartment into an 

occupied area is acceptable. Flight tests 

must be conducted to show compliance 

with this requirement. 

There must be a provision in the 

firefighting procedures to ensure that all 

door(s) and hatch(es) at the crew rest 

compartment outlets are closed after 

evacuation of the crew rest 

compartment and during firefighting to 

minimize smoke and extinguishing 

agent from entering other occupiable 

compartments. 

If a built-in fire extinguishing system 

is used in lieu of manual firefighting, 

then the fire extinguishing system must 

be designed so that no hazardous 

quantities of extinguishing agent will 

enter other compartments occupied by 

passengers or crew. The system must 

have adequate capacity to suppress any 

fire occurring in the overhead crew rest 

compartment, considering the fire 

threat, volume of the compartment, and 

the ventilation rate. 

13. There must be a supplemental 

oxygen system within the crew rest 

compartment as follows: 

(a) There must be at least one mask for 

each seat and for each berth in the crew 

rest compartment. 

(b) If a destination area, such as a 

changing area, is provided in the 

overhead crew rest compartment, there 

must be an oxygen mask readily 

available for each occupant that can 

reasonably be expected to be in the 

destination area. The maximum number 

of required masks within the destination 

area is limited to the placarded 

maximum occupancy of the crew rest. 

(c) There must also be an oxygen 

mask readily accessible to each 

occupant that can reasonably be 

expected to be either transitioning from 

the main cabin into the crew rest 

compartment, transitioning within the 

crew rest compartment, or transitioning 

from the crew rest compartment to the 

main cabin. 

(d) The system must provide an aural 

and visual alert to warn the occupants 

of the overhead crew rest compartment 

to don oxygen masks if there is a 

decompression. The aural and visual 

alerts must activate concurrently with 

the 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 overhead 

crew rest compartment and must sound 

continuously for a minimum of five 

minutes or until a reset switch within 

the overhead crew rest compartment is 

activated. A visual alert that informs 

occupants that they must don an oxygen 

mask must be visible in each section. 

(e) There must also be a means by 

which the oxygen masks can be 

manually deployed from the flight deck. 

(f) Decompression procedures for 

crew rest occupants must be 

established. These procedures must be 

transmitted to the operator for 

incorporation into their training 

programs and appropriate operational 

manuals. 

(g) The supplemental oxygen system 

for the crew rest shall 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 § 25.1447(c)(1). 

(h) The illumination level of the 

normal overhead crew rest compartment 

lighting system must automatically be 

sufficient for each occupant of the 

compartment to locate a deployed 

oxygen mask. 

14. The following requirements apply 

to overhead crew rest compartments 

that are divided into sections by 

curtains or partitions: 

(a) A placard is required adjacent to 

each curtain that visually divides or 

separates, for privacy purposes, the 

overhead crew rest compartment into 

small sections. The placard must require 

that the curtain(s) remains open when 

the private section it creates is 

unoccupied. The vestibule section 

adjacent to the stairway is not 

considered a private area and, therefore, 

does not require a placard. 

(b) For each section of the overhead 

crew rest compartment created by a 

curtain, the following requirements of 

these special conditions must be met 

with the curtain open or closed: 

(1) No smoking placard (Special 

Condition No. 1), 

(2) Emergency illumination (Special 

Condition No. 5), 

(3) Emergency alarm system (Special 

Condition No. 7), 

(4) Seat belt fasten signal or return to 

seat signal as applicable (Special 

Condition No. 8), 

(5) The smoke or fire detection system 

(Special Condition No. 10), and 

(6) The oxygen system (Special 

Condition No. 13). 

(c) Overhead crew rest compartments 

visually divided to the extent that 

evacuation could be affected must have 

exit signs that direct occupants to the 

primary stairway exit. The exit signs 

must be provided in each separate 

section of the overhead crew rest 

compartment, except for curtained 

bunks, and must meet the requirements 

of § 25.812(b)(1)(i). An exit sign with 

reduced background area or a symbolic 

exit sign as described in Special 

Condition No. 4(a) may be used to meet 

this requirement. 

(d) For sections within an overhead 

crew rest compartment with a rigid 

partition with a door physically 

separating the sections, the following 

requirements of these special conditions 

must be met with the door open or 

closed: 

(1) There must be a secondary 

evacuation route from each section to 

the main deck, or alternatively, it must 

be shown that any door between the 

sections has been designed to preclude 

anyone from being trapped inside the 

compartment. Removal of an 

incapacitated occupant within this area 

must be considered. A secondary 

evacuation route from a small room 

designed for only one occupant for short 

time duration, such as a changing area 

or lavatory, is not required. However, 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 62 / Friday, March 30, 2012 / Proposed Rules 19153 

removal of an incapacitated occupant 

from a small room, such as a changing 

area or lavatory, must be considered. 

(2) Any door between the sections 

must be shown to be openable when 

crowded against, even when crowding 

occurs at each side of the door. 

(3) There may be no more than one 

door between any seat or berth and the 

primary stairway exit. 

(4) There must be exit signs in each 

section meeting the requirements of 

§ 25.812(b)(1)(i), or shown to have an 

Equivalent Level of Safety, that direct 

occupants to the primary stairway exit. 

An exit sign with reduced background 

area or a symbolic exit sign as described 

in Special Condition No. 4(a) may be 

used to meet this requirement. 

(e) For each smaller section within the 

main overhead crew rest compartment 

created by the installation of a partition 

with a door, the following requirements 

of these special conditions must be met 

with the door open or closed: 

(1) No smoking placards (Special 

Condition No. 1); 

(2) Emergency illumination (Special 

Condition No. 5); 

(3) Two-way voice communication 

(Special Condition No. 6); 

(4) Emergency alarm system (Special 

Condition No. 7); 

(5) Seat belt fasten signal or return to 

seat signal as applicable (Special 

Condition No. 8); 

(6) Emergency firefighting and 

protective equipment (Special 

Condition No. 9); 

(7) Smoke or fire detection system 

(Special Condition No. 10), and 

(8) The oxygen system (Special 

Condition No. 13). 

15. The requirements of two-way 

voice communication with the flight 

deck and provisions for emergency 

firefighting and protective equipment 

are not applicable to lavatories or other 

small areas that are not intended to be 

occupied for extended periods of time. 

16. Where a waste disposal receptacle 

is fitted, it must be equipped with an 

automatic fire extinguisher that meets 

the performance requirements of 

§ 25.854(b). 

17. Materials (including finishes or 

decorative surfaces applied to the 

materials) must comply with the 

flammability requirements of § 25.853(a) 

as amended by Amendment 25–116. 

Mattresses must comply with the 

flammability requirements of 

§ 25.853(c), as amended by Amendment 

25–116. 

18. The addition of a lavatory within 

the overhead crew rest compartment 

would require the lavatory to meet the 

same requirements as those for a 

lavatory installed on the main deck 

except with regard to Special Condition 

No. 10 for smoke detection. 

19. Each stowage compartment in the 

crew rest compartment, except for 

underseat compartments for occupant 

convenience, must be completely 

enclosed. All enclosed stowage 

compartments within the overhead crew 

rest compartment that are not limited to 

stowage of emergency equipment or 

airplane supplied equipment such as 

bedding must meet the design criteria 

given in the table below. Enclosed 

stowage compartments greater than 200 

ft3 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 fire extinguisher 

will require additional fire protection 

considerations similar to those required 

for inaccessible compartments such as 

Class C cargo compartments. 

Fire 

protection 

features 

Stowage compartment 

interior volumes 

Less than 25 

cubic feet 

25 cubic feet 

to 200 cubic 

feet 

Materials of 

Construction 1.

Yes ............... Yes. 

Detectors 2 ... No ................ Yes. 

Liner 3 ........... No ................ Yes. 

Locating Device 4.No ................ Yes. 

1 Material—The material used to construct 

each enclosed stowage compartment must at 

least be fire resistant and must meet the flammability standards established for interior components 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. 2 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 overhead crew 

rest compartment, and 

(c) A warning in the main passenger cabin. 

This warning must be readily detectable by a 

flight attendant and consider the position of 

flight attendants throughout the main passenger compartment during various phases of 

flight. 

3 Liner—If it can be shown that the material 

used to construct the stowage compartment 

meets 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 

is required for enclosed stowage compartments equal to or greater than 25 ft 3 in interior volume but less than 57 ft3 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. 4 Locating Device—Overhead crew rest 

compartments which contain enclosed stowage compartments exceeding 25 ft 3 interior 

volume and which are located away from the 

entry to the overhead crew rest compartment 

require additional fire protection features and/ 

or devices to assist the firefighter in determining the location of a fire. 

Issued in Renton, Washington, on March 

20, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7732 Filed 3–29–12; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA 2006–0173] 

RIN 0960–AG12 

Nonpayment of Benefits to Fugitive 

Felons and Probation or Parole 

Violators 

AGENCY: Social Security Administration. 

ACTION: Proposed rules; withdrawal. 

SUMMARY: We are withdrawing the 

proposed rules we published in the 

Federal Register on December 5, 2005. 

DATES: The proposed rules identified in 

this document are withdrawn as of 

March 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rudick, Social Insurance 

Specialist, Office of Regulations, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–7102. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our Internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 5, 2005, we published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) titled 

‘‘Nonpayment of Benefits to Fugitive 

Felons and Probation and Parole 

Violators’’ (70 FR 72411). We have 

decided not to pursue final rules based 


srobinson on DSK4SPTVN1PROD with PROPOSALS