44730 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

prolonged storage at a low state of 

charge. 

The ICA maintenance procedures must 

contain precautions to prevent 

mishandling of the lithium battery, 

which could result in short-circuit or 

other unintentional damage that, in 

turn, could result in personal injury or 

property damage. 

Note 1: The term ‘‘sufficiently charged’’ 

means that the battery will retain enough of 

a charge, expressed in ampere-hours, to 

ensure that the battery cells will not be 

damaged. A battery cell may be damaged by 

lowering the charge below a point where the 

battery’s ability to charge and retain a full 

charge is reduced. This reduction would be 

greater than the reduction that may result 

from normal, operational degradation. 

Note 2: These special conditions are not 

intended to replace § 25.1353(b) in the 

certification basis of the Airbus Model A330– 

200 and A330–300 airplanes. These special 

conditions apply only to lithium batteries 

and their installations. The requirements of 

§ 25.1353(b) remain in effect for batteries and 

battery installations in Airbus Model A330– 

200 and A330–300 airplanes that do not use 

lithium batteries. 

Compliance with the requirements of 

these special conditions must be shown 

by test, or analysis by the Aircraft 

Certification Office or its designees, 

with the concurrence of the FAA 

Transport Airplane Directorate. 

Issued in Renton, Washington, on August 

20, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–20698 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM406; Special Conditions No. 

25–384–SC] 

Special Conditions: Bombardier Inc. 

Model CL–600–2B19, –2C10, –2D15 

and –2D24 Airplanes; Passenger Seats 

With Non-Traditional, Large, NonMetallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for Bombardier Inc. model CL– 

600–2B19, –2C10, –2D15 and –2D24 

airplanes. These airplanes will have a 

novel or unusual design feature(s) 

associated with seats that include nontraditional, large, non-metallic panels 

that would affect survivability during a 

post-crash fire event. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Effective Date: August 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alan Sinclair, FAA, Airframe/Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356; telephone (425) 227–2195; 

facsimile (425) 227–1232; electronic 

mail alan.sinclair@faa.gov. 

Background 

On July 1, 2008, Bombardier Inc. 400 

Cote Vertu West, Dorval, Quebec, 

Canada, H4S 1Y9 applied for a design 

change to Type Certificate No. A21EA 

for installation of seats that include nontraditional, large, non-metallic panels in 

the following Bombardier Inc. airplanes: 

Model CL–600–2B19, Model CL–600– 

2C10, Model CL–600–2D15 and Model 

CL–600–2D24. These airplanes, which 

are currently approved under Type 

Certificate No. A21EA, are swept-wing, 

T-tail, twin-engine, fuselage mounted 

turbofan-powered, single aisle, medium 

sized transport category airplanes. 

The applicable regulations to 

airplanes currently approved under 

Type Certificate No. A21EA do not 

require seats to meet the more stringent 

flammability standards required of 

large, non-metallic panels in the cabin 

interior. At the time the applicable rules 

were written, seats were designed with 

a metal frame covered by fabric, not 

with large, non-metallic panels. Seats 

also met the then recently adopted 

standards for flammability of seat 

cushions. With the seat design being 

mostly fabric and metal, the 

contribution to a fire in the cabin had 

been minimized and was not considered 

a threat. For these reasons, seats did not 

need to be tested to heat release and 

smoke emission requirements. 

Seat designs have now evolved to 

occasionally include non-traditional, 

large, non-metallic panels. Taken in 

total, the surface area of these panels is 

on the same order as the sidewall and 

overhead stowage bin interior panels. 

To provide the level of passenger 

protection intended by the 

airworthiness standards, these nontraditional, large, non-metallic panels in 

the cabin must meet the standards of 

Title 14 Code of Federal Regulations (14 

CFR), part 25, Appendix F, parts IV and 

V, heat release and smoke emission 

requirements. 

Type Certification Basis 

Under the provisions of § 21.101 

Bombardier must show that the 

following airplane models, CL–600– 

2B19, CL–600–2C10, CL–600–2D15 and 

CL–600–2D24, as changed, continue to 

meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A21AE, 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 Type Certificate No. A21AE 

are for the following models: 

• CL–600–2B19, part 25, effective 

February 1, 1965, including 

Amendments 25–1 through 25–62; 

• CL–600–2C10, part 25, effective 

February 1, 1965, including 

Amendments 25–1 through 25–86: 

• CL–600–2D15, part 25, effective 

February 1, 1965, including 

Amendments 25–1 through 25–86, 

Amendments 25–88 through 

Amendments 25–90 and Amendments 

25–92 through Amendments 25–98. 

• CL–600–2D24, part 25, effective 

February 1, 1965, including 

Amendments 25–1 through 25–86, 

Amendments 25–88 through 

Amendments 25–90 and Amendments 

25–92 through Amendments 25–98. 

In addition, the certification basis 

includes other regulations and special 

conditions that are not pertinent to 

these special conditions. 

If the Administrator finds that the 

applicable airworthiness regulations 

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

adequate or appropriate safety standards 

for the Model CL–600 series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 14 

CFR 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model CL–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 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 


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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 44731 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under § 21.101. 

Novel or Unusual Design Features 

The Model CL–600 series airplanes 

will incorporate the following novel or 

unusual design features: These models 

offer interior arrangements that include 

passenger seats that incorporate nontraditional, large, non-metallic panels in 

lieu of the traditional metal frame 

covered by fabric. The flammability 

properties of these panels have been 

shown to significantly affect the 

survivability of occupants of the cabin 

in the case of fire. These seats are 

considered a novel design for transport 

category airplanes that include 

Amendment 25–61 and Amendment 

25–66 in the certification basis, and 

were not considered when those 

airworthiness standards were 

established. 

The existing regulations do not 

provide adequate or appropriate safety 

standards for seat designs that 

incorporate non-traditional, large, nonmetallic panels. In order to provide a 

level of safety that is equivalent to that 

provided by the balance of the cabin, 

additional airworthiness standards, in 

the form of special conditions, are 

necessary. These special conditions 

supplement 14 CFR 25.853. The 

requirements contained in these special 

conditions consist of applying the 

identical test conditions required of all 

other large panels in the cabin, to seats 

with non-traditional, large, non-metallic 

panels. 

Definition of ‘‘Non-Traditional, Large, 

Non-Metallic Panel’’ 

A non-traditional, large, non-metallic 

panel, in this case, is defined as a panel 

with exposed-surface areas greater than 

1.5 square feet installed per seat place. 

The panel may consist of either a single 

component or multiple components in a 

concentrated area. Examples of parts of 

the seat where these non-traditional 

panels are installed include, but are not 

limited to: Seat backs, bottoms and leg/ 

foot rests, kick panels, back shells, 

credenzas and associated furniture. 

Examples of traditional exempted parts 

of the seat include: Arm caps, armrest 

close-outs such as end bays and armreststyled center consoles, food trays, video 

monitors and shrouds. 

Clarification of ‘‘Exposed’’ 

‘‘Exposed’’ is considered to include 

those panels directly exposed to the 

passenger cabin in the traditional sense, 

plus those panels enveloped such as by 

a dress cover. Traditional fabrics or 

leathers currently used on seats are 

excluded from these special conditions. 

These materials must still comply with 

14 CFR 25.853(a) and § 25.853(c) if used 

as a covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional, large, non-metallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Discussion 

In the early 1980s the FAA conducted 

extensive research on the effects of postcrash flammability in the passenger 

cabin. As a result of this research and 

service experience, we adopted new 

standards for interior surfaces 

associated with large surface area parts. 

Specifically, the rules require 

measurement of heat release and smoke 

emission (part 25, Appendix F, parts IV 

and V) for the affected parts. Heat 

release has been shown to have a direct 

correlation with post-crash fire survival 

time. Materials that comply with the 

standards (i.e., § 25.853 entitled 

‘‘Compartment interiors’’ as amended by 

Amendment 25–61 and Amendment 

25–66) extend survival time by 

approximately 2 minutes, over materials 

that do not comply. 

At the time these standards were 

written, the potential application of the 

requirements of heat release and smoke 

emission to seats was explored. The seat 

frame itself was not a concern because 

it was primarily made of aluminum and 

there were only small amounts of nonmetallic materials. It was determined 

that the overall effect on survivability 

was negligible, whether or not the food 

trays met the heat release and smoke 

requirements. The requirements, 

therefore, did not address seats. The 

preambles to both the Notice of 

Proposed Rule Making (NPRM), Notice 

No. 85–10 (50 FR 15038, April 16, 

1985), and the Final Rule at 

Amendment 25–61 (51 FR 26206, July 

21, 1986), specifically note that seats 

were excluded ‘‘because the recentlyadopted standards for flammability of 

seat cushions will greatly inhibit 

involvement of the seats.’’ 

Subsequently, the Final Rule at 

Amendment 25–83 (60 FR 6615, March 

6, 1995) clarified the definition of 

minimum panel size: ‘‘It is not possible 

to cite a specific size that will apply in 

all installations; however, as a general 

rule, components with exposed-surface 

areas of one square foot or less may be 

considered small enough that they do 

not have to meet the new standards. 

Components with exposed-surface areas 

greater than two square feet may be 

considered large enough that they do 

have to meet the new standards. Those 

with exposed-surface areas greater than 

one square foot, but less than two square 

feet, must be considered in conjunction 

with the areas of the cabin in which 

they are installed before a determination 

could be made.’’ 

In the late 1990s, the FAA issued 

Policy Memorandum 97–112–39, 

‘‘Guidance for Flammability Testing of 

Seat/Console Installations,’’ October 17, 

1997. That memo was issued when it 

became clear that seat designs were 

evolving to include large non-metallic 

panels with surface areas that would 

impact survivability during a cabin fire 

event, comparable to partitions or 

galleys. The memo noted that large 

surface area panels must comply with 

heat release and smoke emission 

requirements, even if they were attached 

to a seat. If the FAA had not issued such 

policy, seat designs could have been 

viewed as a loophole to the 

airworthiness standards that would 

result in an unacceptable decrease in 

survivability during a cabin fire event. 

In October of 2004, an issue was 

raised regarding the appropriate 

flammability standards for passenger 

seats that incorporated non-traditional, 

large, non-metallic panels in lieu of the 

traditional metal covered by fabric. The 

Seattle Aircraft Certification Office and 

Transport Standards Staff reviewed this 

design and determined that it 

represented the kind and quantity of 

material that should be required to pass 

the heat release and smoke emissions 

requirements. We have determined that 

special conditions would be 

promulgated to apply the standards 

defined in § 25.853(d) to seats with large 

non-metallic panels in their design. 

Discussion of Comments 

Notice of proposed special conditions 

no. 25–284–SC for the Bombardier Inc. 

Model CL–600–2B19, –2C10, –2D15 and 

–2D24 Airplanes was published in the 

Federal Register on June 5, 2009. No 

comments were received and the special 

conditions are adopted as proposed. 

Applicability 

These special conditions are 

applicable to Bombardier model CL– 

600–2B19 airplanes. Because the heat 

release testing requirements of § 25.853 

per Appendix F, part IV are part of the 

type certification basis for airplane 

model CL–600–2B19, these special 

conditions are applicable to airplane 


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44732 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

model CL–600–2B19. Although smoke 

testing requirements of § 25.853 per 

Appendix F, part V, are not part of the 

part 25 certification basis for 

Bombardier Model CL–600–2B19 

airplanes, these special conditions are 

applicable if the airplanes are in 14 CFR 

part 121 service. Part 121 requires 

applicable interior panels to comply 

with § 25.853 and Appendix F, part V, 

regardless of the certification basis. It is 

not our intent to require seats with large 

non-metallic panels to meet § 25.853 

and Appendix F, parts V, if they are 

installed in cabins of airplanes that 

otherwise are not required to meet these 

standards. Should Bombardier apply at 

a later date 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. 

These special conditions are 

applicable to Bombardier airplane 

Models CL–600–2C10, –2D15 and 

–2D24. Because the heat release and 

smoke testing requirements of § 25.853 

are part of the type certification basis for 

the airplane Models CL–600–2C10, 

–2D15 and –2D24, these special 

conditions are applicable to the airplane 

Models CL–600–2C10, –2D15 and 

–2D24. Should Bombardier apply at a 

later date 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. 

Seats do not have to meet these 

special conditions when installed in 

compartments that are not otherwise 

required to meet the test requirements of 

CFR part 25, Appendix F, parts IV and 

V. For example, airplanes that do not 

have § 25.853, Amendment 25–61 or 

later, in their certification basis and 

those airplanes that do not need to 

comply with the requirements of 

§ 121.312. 

Conclusion 

This action affects only certain novel 

or unusual design features on 

Bombardier Inc.: airplane Models CL– 

600–2B19, –2C10, –2D15 and –2D24. It 

is not a rule of general applicability. 

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. These special 

conditions were also subjected to a 

notice and comment period of 45 days 

with no changes made. Therefore, the 

FAA has determined that good cause 

exists for adopting these special 

conditions upon issuance. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

Authority Citation 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(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 Bombardier Inc. 

airplane Models CL–600–2B19, –2C10, 

–2D15 and –2D24. 

1. Passenger Seats with NonTraditional, Large, Non-metallic Panels. 

2. Except as provided in paragraph 3 

of these special conditions, compliance 

with heat release and smoke emission 

testing requirements per 14 CFR part 25 

and Appendix F, parts IV and V, is 

required for seats that incorporate nontraditional, large non-metallic panels 

that may either be a single component 

or multiple components in a 

concentrated area in their design. 

3. The applicant may designate up to 

and including 1.5 square feet of nontraditional, non-metallic panel material 

per seat place that does not have to 

comply with special condition Number 

1, above. A triple seat assembly may 

have a total of 4.5 square feet excluded 

on any portion of the assembly (e.g., 

outboard seat place 1 square foot, 

middle 1 square foot, and inboard 2.5 

square feet). 

4. Seats do not have to meet the test 

requirements of 14 CFR part 25 and 

Appendix F, parts IV and V, when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes that do not have 14 CFR 

25.853, Amendment 25–61 or later, in 

their certification basis and do not need 

to comply with the requirements of 14 

CFR 121.312, and 

c. Airplanes exempted from 14 CFR 

25.853, Amendment 25–61 or later. 

5. Only airplanes associated with new 

seat certification programs approved 

after the effective date of these special 

conditions will be affected by the 

requirements in these special 

conditions. Previously certificated 

interiors on the existing airplane fleet 

and follow-on deliveries of airplanes 

with previously certificated interiors are 

not affected. 

Issued in Renton, Washington, on August 

4, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–20742 Filed 8–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 622 

[Docket No. 090206149–91081–03] 

RIN 0648–AX39 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 29 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 29 to the 

Fishery Management Plan for Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared and submitted by the Gulf 

of Mexico Fishery Management Council 

(Council). This final rule implements a 

multi-species individual fishing quota 

(IFQ) program for the grouper and 

tilefish component of the commercial 

sector of the reef fish fishery in the Gulf 

of Mexico (Gulf) exclusive economic 

zone. In addition, the final rule allows 

permit consolidation and dual 

classifications to the shallow-water 

grouper (SWG) and deep-water grouper 

(DWG) management units for speckled 

hind, warsaw grouper, and scamp, and 

modifies some provisions of the Gulf 

red snapper IFQ program for 

consistency with this final rule. NMFS 

also informs the public of the approval 

by the Office of Management and 

Budget (OMB) of the collection-ofinformation requirements contained in 

this final rule and publishes the OMB 

control numbers for those collections. 

This rule is intended to reduce effort in 

the grouper and tilefish component of 

the commercial Gulf reef fish fishery. 

DATES: This final rule is effective 

September 30, 2009; however, the 

applicability date for all the 

amendments except for amendments to 

§ 622.7 (gg) and (hh), § 622.20(b), 

§ 622.20(c)(3)(v), and § 622.20(c)(6) is 

January 1, 2010. 


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