25846 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Rules and Regulations 

this new rule. Transport Canada will 

also harmonize with this new rule after 

it is issued. 

VI. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http:// 

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Comments Submitted to the Docket 

Comments received may be viewed by 

going to http://www.regulations.gov and 

following the online instructions to 

search the docket number for this 

action. Anyone is able to search the 

electronic form of all comments 

received into any of the FAA’s dockets 

by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http:// 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Human 

factors, Reporting and recordkeeping 

requirements, Safety, Transportation. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends part 25 of Title 14, Code of 

Federal Regulations, as follows: 

PART 25—AIRWORTHINESS 

STANDARDS: TRANSPORT 

CATEGORY AIRPLANES 

■ 1. The authority citation for part 25 

continues to read as follows: 

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

44702 and 44704 

■ 2. Add § 25.1302 to subpart F to read 

as follows: 

§ 25.1302 Installed systems and 

equipment for use by the flightcrew. 

This section applies to installed 

systems and equipment intended for 

flightcrew members’ use in operating 

the airplane from their normally seated 

positions on the flight deck. The 

applicant must show that these systems 

and installed equipment, individually 

and in combination with other such 

systems and equipment, are designed so 

that qualified flightcrew members 

trained in their use can safely perform 

all of the tasks associated with the 

systems’ and equipment’s intended 

functions. Such installed equipment 

and systems must meet the following 

requirements: 

(a) Flight deck controls must be 

installed to allow accomplishment of all 

the tasks required to safely perform the 

equipment’s intended function, and 

information must be provided to the 

flightcrew that is necessary to 

accomplish the defined tasks. 

(b) Flight deck controls and 

information intended for the 

flightcrew’s use must: 

(1) Be provided in a clear and 

unambiguous manner at a resolution 

and precision appropriate to the task; 

(2) Be accessible and usable by the 

flightcrew in a manner consistent with 

the urgency, frequency, and duration of 

their tasks; and 

(3) Enable flightcrew awareness, if 

awareness is required for safe operation, 

of the effects on the airplane or systems 

resulting from flightcrew actions. 

(c) Operationally-relevant behavior of 

the installed equipment must be: 

(1) Predictable and unambiguous; and 

(2) Designed to enable the flightcrew 

to intervene in a manner appropriate to 

the task. 

(d) To the extent practicable, installed 

equipment must incorporate means to 

enable the flightcrew to manage errors 

resulting from the kinds of flightcrew 

interactions with the equipment that 

can be reasonably expected in service. 

This paragraph does not apply to any of 

the following: 

(1) Skill-related errors associated with 

manual control of the airplane; 

(2) Errors that result from decisions, 

actions, or omissions committed with 

malicious intent; 

(3) Errors arising from a 

crewmember’s reckless decisions, 

actions, or omissions reflecting a 

substantial disregard for safety; and 

(4) Errors resulting from acts or 

threats of violence, including actions 

taken under duress. 

Issued in Washington, DC, on April 22, 

2013. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2013–10554 Filed 5–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0374; Special 

Conditions No. 25–488–SC] 

Special Conditions: Airbus, Model 

A340–600 Series Airplanes; Lower 

Deck Crew Rest Compartments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special condition; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus Model A340 series 

airplanes. These airplanes, as modified 

by Flight Structures, Inc., will have a 

novel or unusual design feature 

associated with the installation of lower 

deck crew rest (LDCR) compartments. 

The LDCR compartment is novel in 

terms of part 25 in that it will be located 

under the passenger cabin floor in the 

aft cargo compartment of Airbus Model 

A340–200 series airplanes. 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 April 29, 2013. We 

must receive your comments by June 17, 

2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0374 

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 


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Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Rules and Regulations 25847 

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: 

Alan Sinclair, 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 

425–227–1149. 

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 aircraft. In addition, the 

substance of these special conditions 

has been subject to the public comment 

process in several prior instances with 

no substantive comments received. 

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 July 21, 2011, Flight Structures, 

Inc., applied for a supplemental type 

certificate to install a lower deck crew 

rest (LDCR) compartment in Airbus 

Model A340–600 series airplanes. The 

LDCR is located under the passenger 

cabin floor of Airbus Model A340–600 

series airplanes and installed in the aft 

portion of the airplane. Occupancy for 

the LDCR compartment is limited to a 

maximum of seven (7) occupants. There 

are seven approved berths able to 

withstand the maximum flight loads 

when the LDCR compartment is at 

maximum capacity. The LDCR will only 

be occupied in flight, i.e., not during 

taxi, takeoff or landing. A smoke 

detection system, manual fire-fighting 

system, oxygen system and occupant 

amenities are provided. Additionally, a 

sink and vanity are located just inside 

the main access door. 

Main access to the LDCR 

compartment is gained via the fixed 

staircase just outside of the LDCR access 

door. Secondary emergency egress uses 

an existing emergency escape hatch 

which is located above the aft left-hand 

bunk to provide access to the main 

deck. See Figure 1. 


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25848 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Rules and Regulations 

Type Certification Basis 

Under the provisions of § 21.101, 

Flight Structures, Inc., must show that 

the Airbus Model A340–600 series 

airplanes, as changed, continue to meet 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A43NM or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in A43NM are 

as follows: 14 CFR part 25, as amended 

by Amendments 25–1 through 25–63; 

certain regulations at later Amendments 

25–65, 25–66, and 25–77; and 

Amendment 25–64 with exceptions. 

Refer to Type Certificate Data Sheet 

A43NM, as applicable, for a complete 

description of the certification basis for 

these models, including certain special 

conditions that are not relevant to these 

proposed 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 the Airbus Model A340–600 series 

airplanes 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 applicant apply 

for a supplemental type certificate to 

modify any other model included on the 

same type certificate to incorporate the 

same novel or unusual design feature, 

the special conditions would also apply 

to the other model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Airbus Model A340–600 

series 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 

The Airbus Model A340–600 series 

airplanes will incorporate the following 

novel or unusual design features: LDCR 

compartments. While the installation of LDCR 

compartments is not a new concept for 

large transport category airplanes, each 

compartment design has unique features 

by virtue of its design, location, and use 

on the airplane. Crew rest compartments 

have been previously installed and 

certificated on several Airbus airplane 

models (as well as those of other 

manufacturers) in locations as varied as 

in the main passenger seating area, in 

the overhead space above the main 

passenger cabin seating area, and below 

the passenger cabin seating area within 

the cargo compartment. The 

modification is evaluated with respect 

to the interior and assessed in 

accordance with the certification basis 

of the airplane. However, part 25 does 

not provide all of the requirements 

necessary for safety in crew rest 

compartments. The LDCR compartment 

is novel in terms of part 25 in that it will 

be located under the passenger cabin 

floor in the aft cargo compartment of 

Airbus Model A340–200 series 

airplanes. Further, these special 

conditions do not negate the need to 

address other applicable part 25 

regulations. Due to the novel or unusual features 

associated with the installation of this 

LDCR compartment, special conditions 

are considered necessary to provide a 

level of safety equal to that established 

by the airworthiness regulations 

incorporated by reference in the type 

certificate. 

Operational Evaluations and Approval 

These special conditions outline 

requirements for LDCR compartment 

design approvals (e.g., type design 

change or supplemental type certificate) 

administered by the FAA’s Aircraft 

Certification Service. Prior to 

operational use of an LDCR 

compartment on U.S.-registered aircraft, 

the FAA’s Flight Standards Service 

must evaluate and approve the ‘‘basic 

suitability’’ of the LDCR compartment 

for crew occupation. Additionally, if an 

operator wishes to use an LDCR 

compartment as sleeping quarters, the 

crew rest compartment must undergo an 

additional evaluation and approval 

(Reference §§ 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 

part 121 or part 135. To obtain an operational evaluation, 

the type design holder must contact the 

Aircraft Evaluation Group (AEG) in the 

Flight Standards Service and request a 

basic suitability evaluation or a sleeping 

quarters evaluation of their crew rest 

compartments. The results of these 

evaluations should be documented in 

the Flight Standardization Board 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 onsite operational evaluation. 

Any changes to the approved LDCR 

compartment configuration that affect 

crew member emergency egress or any 

other procedures affecting the safety of 

the occupying crew members and/or 

related training shall require a reevaluation 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 evaluation is 

required. 

Procedures must be developed to 

assure that a crew member entering the 

LDCR 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 ensure that the source of the 

fire is not between the crew member 

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 LDCRs for fire 

source(s) must be transmitted to the 

operator for incorporation into their 

training programs and appropriate 

operational manuals. 

Discussion 

The FAA formulated the special 

conditions for the LDCR compartment 

from previous requirements established 

for various airplanes. These special 

conditions along with the original type 

certification basis provide the regulatory 

requirements necessary for certification 

of this modification. Other special 

conditions may be developed, as 

needed, based on further FAA review 

and discussions with the applicant, 

manufacturer, and civil aviation 

authorities. 

Compliance with these proposed 

special conditions does not relieve the 

applicant from the existing airplane 

certification basis requirements. One 

particular area of concern is the smaller 

compartment volume created in the 

lower deck area of the airplane as a 

result of the crew rest installation. The 

applicant must comply with the 

requirements of § 25.365(e), (f), and (g) 

for each of these compartments, 

including the crew rest compartment, as 

well as any other airplane 

compartments whose decompression 

characteristics are affected by the 

installation of the crew rest 


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compartment. Please note that 

compliance with § 25.831 must also be 

demonstrated for all phases of flight 

where occupants will be present. 

The applicant should note that the 

FAA considers crew rest compartment 

smoke or fire detection and fire 

suppression systems (including airflow 

management features which prevent 

hazardous quantities of smoke or fire 

extinguishing agent from entering any 

other compartment occupied by crew 

members or passengers) complex in 

terms of paragraph 6d of Advisory 

Circular (AC) 25.1309–1A, System 

Design and Analysis, dated June 21, 

1988. In addition, the FAA considers 

failure of the crew rest compartment fire 

protection system (i.e., smoke or fire 

detection and fire suppression systems) 

in conjunction with a crew rest fire to 

be a catastrophic event. Based on the 

‘‘Depth of Analysis Flowchart’’ shown 

in Figure 2 of AC 25.1309–1A, the depth 

of analysis should include both 

qualitative and quantitative assessments 

(reference paragraphs 8d, 9, and 10 of 

AC 25.1309–1A). In addition, it should 

be noted that flammable fluids, 

explosives, or other dangerous cargo are 

prohibited from being carried in the 

crew rest areas. 

The requirements to enable crew 

member(s) quick entry to the crew rest 

compartment and to locate a fire source 

inherently places limits on the amount 

of baggage that may be carried and the 

size of the crew rest area. The FAA 

considers that the crew rest area must be 

limited to the stowage of crew personal 

luggage and must not be used for the 

stowage of cargo or passenger baggage. 

The design of such a system to include 

cargo or passenger baggage would 

require additional requirements to 

ensure safe operation. 

The addition of galley equipment or a 

kitchenette incorporating a heat source 

(e.g., cook tops, microwaves, coffee pots, 

etc.) other than a conventional lavatory 

or kitchenette hot water heater within 

the LDCR compartment may require 

further special conditions to be 

considered. A hot water heater is 

acceptable without further special 

conditions consideration. 

For the reasons discussed above, these 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

Applicability 

As discussed above, these special 

conditions are applicable to the Airbus 

Model A340–600 series airplanes. 

Should Flight Structures, Inc., apply at 

a later date for a supplemental type 

certificate to modify any other model 

included on Type Certificate No. 

A43NM to incorporate the same novel 

or unusual design feature, the special 

conditions would apply to that model as 

well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

series of airplanes. It is not a rule of 

general applicability and affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

issuance. 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 Airbus Model 

A340–600 series airplanes modified by 

Flight Structures, Inc. 

1. Occupancy of the lower deck crew 

rest (LDCR) compartment is limited to 

the total number of installed bunks and 

seats in that compartment. There must 

be an approved seat or berth able to 

withstand the maximum flight loads 

when occupied for each occupant 

permitted in the LDCR compartment. 

The maximum occupancy is seven in 

the LDCR compartment. 

(a) Appropriate placards must be 

located inside and outside each 

entrance to the LDCR compartment to 

indicate: 

(1) The maximum number of 

occupants allowed, 

(2) That occupancy is restricted to 

crew members who are trained in the 

evacuation procedures for the LDCR 

compartment, 

(3) That occupancy is prohibited 

during taxi, take-off, and landing, 

(4) That smoking is prohibited in the 

LDCR 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) At least one ashtray must be on the 

inside and outside of any entrance to 

the LDCR compartment. 

(c) There must be a means to prevent 

passengers from entering the LDCR 

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 LDCR 

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 LDCR 

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 

compartment at any time. 

(f) The means of opening doors and 

hatches to the LDCR compartment must 

be simple and obvious. In addition, 

doors or hatches that separate the LDCR 

compartment from the main deck must 

not adversely affect evacuation of 

occupants on the main deck (e.g., 

slowing evacuation by encroaching into 

aisles) 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 

LDCR compartment to 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 LDCR 

compartment to minimize the 

possibility of an event either inside or 

outside of the crew rest compartment 

rendering both routes inoperative. 

(b) Compliance to the requirements of 

Special Condition No. 2(a) 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. 

3. Compliance by Inspection. A LDCR 

compartment in which the evacuation 


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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. 

4. Compliance by Analysis. 

(a) Analysis must show the LDCR 

compartment configuration and interior 

features provide for all occupants of the 

LDCR 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: 

(1) Fire inside or outside the LDCR 

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 LDCR 

compartment, 

(3) Distribution and quantity of 

emergency equipment within the LDCR 

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, and 

(6) Any other foreseeable hazard not 

identified above that could cause the 

evacuation routes to be compromised. 

(b) 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. 

(c) Analysis of the fire threats should 

be used in determining the placement of 

required fire extinguishers and 

protective breathing equipment (PBE) 

and should take into consideration the 

possibility of fire in any location in the 

LDCR compartment. The location and 

quantity of PBE and fire extinguishers 

should allow occupants located in any 

approved seats or berths access to the 

equipment necessary to fight a fire in 

the LDCR compartment. 

(d) The intent of this special 

condition is to provide sufficient exit 

separation, therefore 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. 

(e) For LDCR compartments with one 

exit located near the forward or aft end 

of an LDCR compartment (as measured 

by having the centroid of the exit 

opening within 20 percent of the 

forward or aft end of the total LDCR 

compartment length) the exit separation 

should not be less than 50 percent of the 

total LDCR compartment length. 

(f) For LDCR compartments with 

neither required exit located near the 

forward or aft end of the LDCR 

compartment (as measured by not 

having the centroid of either exit 

opening within 20 percent of the 

forward or aft end of the total LDCR 

compartment length) the exit separation 

should not be less than 30 percent of the 

total LDCR compartment length. 

(1) 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 two evacuation 

routes should not be located where, 

during times in which occupancy is 

allowed, normal movement by 

passengers occurs (i.e., main aisle, cross 

aisle or galley complex) that would 

impede egress from the LDCR 

compartment. 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 LDCR compartment) from head 

injury. The use of evacuation routes 

must not be dependent on any powered 

device. If a hatch is installed in an 

evacuation route, the point at which the 

evacuation route terminates in the 

passenger cabin should not be located 

where normal movement by passengers 

or crew occurs (main aisle, cross aisle, 

passageway or galley complex). If such 

a location cannot be avoided, special 

consideration must be taken to ensure 

that the hatch or door can be opened 

when a person, the weight of a ninetyfifth percentile male, is standing on the 

hatch or door. 

(2) Emergency evacuation procedures, 

including the emergency evacuation of 

an incapacitated occupant from the 

LDCR 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. 

(3) There must be a limitation in the 

Airplane Flight Manual or other suitable 

means requiring that crew members be 

trained in the use of evacuation routes. 

5. There must be a means for the 

evacuation of an incapacitated person 

(representative of a ninety-fifth 

percentile male) from the LDCR 

compartment to the passenger cabin 

floor. 

(a) The evacuation must be 

demonstrated for all evacuation routes. 

A crew member (a total of one assistant 

within the LDCR 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 LDCR 

compartment, or to the first landing, 

whichever is lower. 

6. The following signs and placards 

must be provided in the LDCR 

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 LDCR 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 


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microlamberts under emergency lighting 

conditions. 

7. There must be a means in the event 

of failure of the aircraft’s main power 

system, or of the normal LDCR 

compartment lighting system, for 

emergency illumination to be 

automatically provided for the LDCR 

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 LDCR 

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 crew rest compartment to locate a 

deployed oxygen mask. 

8. There must be means for two-way 

voice communications between crew 

members on the flight deck and 

occupants of the LDCR compartment. 

There must also be two-way 

communications between the occupants 

of the LDCR compartment and each 

flight attendant station in the passenger 

cabin required to have a public address 

system microphone per § 25.1423(g). In 

addition, the public address system 

must include provisions to provide only 

the relevant information to the flight 

crew members in the LDCR 

compartment (e.g., fire in flight, aircraft 

depressurization, preparation of the 

compartment occupants for landing, 

etc.). 

9. There must be a means for manual 

activation of an aural emergency alarm 

system, audible during normal and 

emergency conditions, to enable crew 

members on the flight deck and at each 

pair of required floor level emergency 

exits to alert occupants of the LDCR 

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. There must be a means, readily 

detectable by seated or standing 

occupants of the LDCR compartment to 

indicate when seat belts should be 

fastened. In the event there are no seats, 

at least one means must be provided to 

cover anticipated turbulence (e.g., 

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. 

11. In lieu of the requirements 

specified in § 25.1439(a) that pertain to 

isolated compartments and to provide a 

level of safety equivalent to that which 

is provided occupants of an isolated 

galley, all of the following equipment 

must be provided in the LDCR 

compartment: 

(a) At least one approved hand-held 

fire extinguisher appropriate for the 

kinds of fires likely to occur. 

(b) Two PBE devices suitable for 

firefighting or one PBE for each handheld fire extinguisher, whichever is 

greater. All PBE devices must approved 

to Technical Standard Order (TSO)- 

C116 or equivalent. 

(c) One flashlight. 

NOTE: Additional PBE and fire 

extinguishers in specific locations, beyond 

the minimum numbers prescribed in Special 

Condition No. 11 may be required as a result 

of the egress analysis accomplished to satisfy 

Special Condition No. 2(a). 

12. A smoke or fire detection system 

(or systems) must be provided that 

monitors each occupiable area within 

the LDCR 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 LDCR 

compartment; and 

(c) A warning in the main passenger 

cabin. This warning must be readily 

detectable by a flight attendant, taking 

into consideration the positioning of 

flight attendants throughout the main 

passenger compartment during various 

phases of flight. 

13. The LDCR compartment must be 

designed such that fires within the 

compartment can be controlled without 

a crew member having to enter the 

compartment, or the design of the access 

provisions must allow crew members 

equipped for firefighting to have 

unrestricted access to the compartment. 

The time for a crew member 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 smokefilled, making it difficult to locate the 

fire source. Procedures describing 

methods to search the LDCR 

compartments for fire sources(s) must be 

established. The applicant must 

transmit these procedures to the 

operator for incorporation into their 

training programs and appropriate 

operational manuals. 

14. Fire and Smoke Extinguishing 

Equipment: 

(a) A means must be provided to 

prevent hazardous quantities of smoke 

or extinguishing agent originating in the 

LDCR compartment from entering any 

other compartment occupied by crew 

members or passengers. This means 

must include the time periods during 

the evacuation of the LDCR 

compartment and, if applicable, when 

accessing the LDCR compartment to 

manually fight a fire. Smoke entering 

any other compartment occupied by 

crew members or passengers when the 

access to the LDCR compartment is 

opened, during an emergency 

evacuation, must dissipate within five 

minutes after the access to the LDCR 

compartment is closed. Hazardous 

quantities of smoke may not enter any 

other compartment occupied by crew 

members or passengers during 

subsequent access to manually fight a 

fire in the LDCR compartment (the 

amount of smoke entrained by a 

firefighter exiting the LDCR 

compartment through the access is not 

considered hazardous). During the oneminute smoke detection time, 

penetration of a small quantity of smoke 

from the LDCR compartment into an 

occupied area is acceptable. Flight tests 

must be conducted to show compliance 

with this requirement. 

(b) 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. 

(c) 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 LDCR 

compartment, considering the fire 

threat, volume of the compartment and 

the ventilation rate. 

15. There must be a supplemental 

oxygen system within the crew rest 


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compartment that provides the 

following: 

(a) At least one mask for each seat and 

berth in the crew rest compartment. 

(b) If a destination area (such as a 

changing area) is provided in the LDCR 

compartment, an oxygen mask must be 

readily available for each occupant that 

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 

crew rest). 

(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 crew rest 

compartment, moving around within 

the crew rest compartment, or moving 

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 LDCR compartment to don 

oxygen masks in the event of 

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 LDCR 

compartment and must sound 

continuously for a minimum of five 

minutes or until a reset switch within 

the LDCR 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) Procedures for crew rest occupants 

in the event of decompression must be 

established. 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 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 14 CFR 25.1447(c)(1). 

(h) The illumination level of the 

normal LDCR compartment lighting 

system must automatically be sufficient 

for each occupant of the compartment to 

locate a deployed oxygen mask. 

16. The following requirements apply 

to LDCR 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 privacy purposes, the 

LDCR 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 LDCR 

compartment created by the installation 

of 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. 7), 

(3) Emergency alarm system (Special 

Condition No. 9), 

(4) Seat belt fasten signal or return to 

seat signal as applicable (Special 

Condition No. 10), 

(5) The smoke or fire detection system 

(Special Condition No. 12), and 

(6) The oxygen system (Special 

Condition No. 15). 

(c) Lower deck 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 LDCR 

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. 6(a) may be used to meet 

this requirement. 

(d) For sections within a LDCR 

compartment that are created by the 

installation of 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, the 

applicant must show 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, 

removal of an incapacitated occupant 

within 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. 6(a) may be 

used to meet this requirement. 

(e) For each smaller section within the 

main LDCR 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. 7); 

(3) Two-way voice communication 

(Special Condition No. 8); 

(4) Emergency alarm system (Special 

Condition No. 9); 

(5) Seat belt fasten signal or return to 

seat signal as applicable (Special 

Condition No. 10); 

(6) Emergency firefighting and 

protective equipment (Special 

Condition No. 11); 

(7) Smoke or fire detection system 

(Special Condition No. 12), and 

(8) The oxygen system (Special 

Condition No. 15). 

17. 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. 

18. 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). 

19. 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. 

20. The addition of a lavatory within 

the LDCR 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. 12 for 

smoke detection. 

21. Each stowage compartment in the 

crew rest compartment must be 

completely enclosed. All enclosed 

stowage compartments within the LDCR 

compartment that are not limited to 

stowage of emergency equipment or 

airplane supplied equipment (i.e., 

bedding) must meet the design criteria 


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Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Rules and Regulations 25853 

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 crew 

members’ 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 

less than 57 

cubic feet 

57 cubic feet to 

200 cubic feet 

Materials of construction 1 ................................................................................................... Yes ................... Yes ................... Yes. 

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

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

Locating device 4 ................................................................................................................. No ..................... Yes ................... 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 (i.e., 14 CFR part 25 Appendix F, parts I, IV, and V) per the requirements of § 25.853. For compartments less than 25 ft3 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 ft3 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 LDCR compartment, and 

(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the positioning of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If the material used to construct 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 ft3 in interior volume but less than 57 ft3 in interior volume. For all enclosed stowage 

compartments equal to or greater than 57 ft3 in interior volume but less than or equal to 200 ft3, a liner must be provided that meets the requirements of § 25.855 for a Class B cargo compartment. 4 Location Detector: Lower deck crew rest compartments which contain enclosed stowage compartments exceeding 25 ft3 interior volume and 

which are located away from one central location such as the entry to the LDCR compartment or a common area within the LDCR compartment 

would require additional fire protection features and/or devices to assist the firefighter in determining the location of a fire. 

Issued in Renton, Washington, on April 29, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–10446 Filed 5–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 323 

RIN 0790–AI86 

[Docket ID: DOD–2012–OS–0018] 

Defense Logistics Agency Privacy 

Program 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Final rule. 

SUMMARY: The Defense Logistics Agency 

(DLA) is revising its Privacy Act 

procedural and exemption rules. The 

DLA Privacy Offices have been 

repositioned under the DLA General 

Counsel; therefore, responsibilities have 

been updated to reflect the 

repositioning. In addition, DLA has 

adopted revisions to the DoD Privacy 

Program. 

DATES: This rule is effective June 3, 

2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jody Sinkler at (703) 767–5045. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published on August 

6, 2012 (77 FR 46653). No comments 

were received. 

Executive Summary 

I. Purpose of This Regulatory Action 

a. This rule provides policies and 

procedures for the Defense Logistics 

Agency’s implementation of the Privacy 

Act of 1974, as amended. In addition, 

DLA has adopted specific sections of the 

DoD Privacy Program as published in 32 

CFR part 310. 

b. Authority: Privacy Act of 1974, 

Pub. L. 93–579, Stat. 1896 (5 U.S.C. 

552a). 

II. Summary of the Major Provisions of 

This Regulatory Action 

The DLA Privacy Offices have been 

repositioned under the DLA General 

Counsel; therefore, responsibilities have 

been updated to reflect the 

repositioning. 

III. Costs and Benefits of This 

Regulatory Action 

This regulatory action imposes no 

monetary costs to the Agency or public. 

The benefit to the public is the accurate 

reflection of the Agency’s Privacy 

Program to ensure that policies and 

procedures are known to the public. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been determined that Privacy 

Act rules for the Department of Defense 

are not significant rules. The rules do 

not (1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a sector of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs, or 

the rights and obligations of recipients 

thereof; or (4) raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been determined that Privacy 

Act rules for the Department of Defense 

do not have significant economic impact 

on a substantial number of small entities 

because they are concerned only with 

the administration of Privacy Act 


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