45546 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–21230 Filed 9–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM409; Special Conditions No. 

25–386–SC] 

Special Conditions: Boeing Model 737– 

600/–700/–700C/–800/–900 and 900ER 

Series Airplanes; Seats With Inflatable 

Lapbelts 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 737–600/–700/ 

–700C/–800/–900 and 900ER series 

airplanes. These airplanes, 

manufactured by Boeing Commercial 

Airplanes, will have novel or unusual 

design features associated with seats 

with inflatable lapbelts. Special 

Conditions No. 25–187–SC were issued 

on October 3, 2001, addressing this 

issue for the Boeing Model 777 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 condition is August 7, 2009. We 

must receive your comments by: 

October 19, 2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM409, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM409. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2785 

facsimile (425) 227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for 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 airplanes. 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. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We 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 by 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 in 

light of the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

special conditions, include with your 

comments a self-addressed, 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 July 8, 2008, Boeing Commercial 

Airplanes applied for an amendment to 

type certificate No. A16WE to include 

the new Boeing Model 737–600/–700/– 

700C–800/–900 and 900ER series 

airplanes. These special conditions 

allow installation of inflatable lap belts 

for head injury protection on certain 

seats in Boeing Model 737–600/–700/– 

700C/800/–900 and 900ER series 

airplanes. The FAA has issued similar 

special conditions, No. 25–187–SC and 

subsequently 25–187A–SC for Boeing 

Model 777 series airplanes and Special 

Condition No. 25–148–SC for Boeing 

Model 767 series airplanes. 

The inflatable lapbelt is designed to 

limit occupant forward excursion if an 

accident occurs. This will reduce the 

potential for head injury, thereby 

reducing the Head Injury Criterion (HIC) 

measurement, required by Title 14, 

Code of Federal Regulations (14 CFR), 

25.562(c)(5). The inflatable lapbelt 

behaves similarly to an automotive 

inflatable airbag, but in this case the 

airbag is integrated into the lapbelt, and 

inflates away from the seated occupant. 

While inflatable airbags are now 

standard in the automotive industry, the 

use of an inflatable lapbelt is novel for 

commercial aviation. 

Title 14, Code of Federal Regulations 

(14 CFR) 121.311(j) requires that no 

person may operate a transport category 

airplane type certificated after January 

1, 1958, and manufactured on or after 

October 27, 2009, in passenger-carrying 

operations, after October 27, 2009, 

unless all passenger and flight attendant 

seats on an airplane operated under part 

121 meet the requirements of § 25.562 in 

effect on or after June 16, 1988. 

The Boeing Model 737–600/–700/– 

700C/–800/–900 and 900ER series 

airplanes, manufactured before October 

27, 2009, operated under part 121, are 

required to show compliance with 

certain aspects of § 25.562 as specified 

per Type Certificate No. A16WE. Boeing 

Model 737–600/–700/–700C/–800/–900 

and 900ER series airplanes 

manufactured on or after October 27, 

2009, operated under part 121, must 

meet all of the requirements of § 25.562 

for passenger and flight attendant seats. 

It is in the interest of installers to show 

full compliance with § 25.562, so that an 

operator under part 121 may be able to 

use the airplane without having to do 

additional certification work. In 

addition, some foreign civil 

airworthiness authorities have invoked 

these same operator requirements in the 

form of airworthiness directives. 

Occupants must be protected from 

head injury, as required by § 25.785, by 

either the elimination of any injurious 

object within the striking radius of the 

head, or by padding. Traditionally, this 

has required a setback of 35 inches from 

any bulkhead or other rigid interior 

feature or, where not practical, specified 

types of padding. The relative 

effectiveness of these means of injury 

protection was not quantified. With the 

adoption of Amendment 25–64 to part 

25, specifically § 25.562, a new standard 

that quantifies required head injury 

protection was created. 


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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45547 

Each seat type design approved for 

crew or passenger occupancy during 

takeoff and landing, as required by 

§ 25.562, must successfully complete 

dynamic tests or be demonstrated by 

rational analysis based on dynamic tests 

of a similar type seat. In particular, the 

regulations require that persons not 

suffer serious head injury under the 

conditions specified in the tests, and 

that protection must be provided or the 

seat be designed so that the head impact 

does not exceed a HIC value of 1000 

units. While the test conditions 

described for HIC are detailed and 

specific, it is the intent of the 

requirement that an adequate level of 

head injury protection be provided for 

passengers in a severe crash. 

Because §§ 25.562 and 25.785 and 

associated guidance do not adequately 

address seats with inflatable lapbelts, 

the FAA recognizes that appropriate 

pass/fail criteria need to be developed 

that fully address the safety concerns 

specific to occupants of these seats. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Boeing must show that the 

Boeing Model 737–600/–700/–700C/ 

–800/–900 and 900ER series airplanes 

meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A16WE, 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. A16WE are as follows: 

Part 25, as amended by Amendment 25– 

1 through Amendment 25–77, for 

Boeing Model 737–600, –700, and –800 

series airplanes, with the exceptions 

listed on the type certificate; Title 14 

CFR part 25, as amended by 

Amendment 25–1 through Amendment 

25–91, for Boeing Model 737–700C and 

–900 series airplanes, with the 

exceptions listed on the type certificate; 

and part 25, as amended by Amendment 

25–1 through Amendment 25–108, for 

the Boeing model 737–900ER series 

airplanes, with the exceptions listed on 

the type certificate. 

In addition, the certification basis 

includes certain special conditions, 

exemptions, or later amended sections 

of the applicable parts that are not 

relevant to these special conditions. 

If the regulations incorporating 

reference do not contain adequate or 

appropriate safety standards for the 

Boeing Model 737–600/–700/–700C/ 

–800/–900 and 900ER series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 737–600/ 

–700/–700C/–800/–900 and 900ER 

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 

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, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same or similar novel or 

unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

Boeing Model 737–600/–700/–700C/ 

–800/–900 and 900ER series airplanes 

will incorporate the following novel or 

unusual design features: seats with 

inflatable lapbelts. 

Discussion 

The inflatable lapbelt has two 

potential advantages over other means 

of head impact protection. First, it can 

provide significantly greater protection 

than would be expected with energyabsorbing pads, and second, it can 

provide essentially equivalent 

protection for occupants of all stature. 

These are significant advantages from a 

safety standpoint, since such devices 

will likely provide a level of safety that 

exceeds the minimum standards of part 

25. Conversely, inflatable lapbelts in 

general are active systems and must be 

relied upon to activate properly when 

needed, as opposed to an energyabsorbing pad or upper torso restraint 

that is passive, and always available. 

Therefore, the potential advantages 

must be balanced against this and other 

potential disadvantages to develop 

standards for this design feature. 

The FAA has considered the 

installation of inflatable lapbelts to have 

two primary safety concerns: First, that 

they perform properly under foreseeable 

operating conditions, and second, that 

they do not perform in a manner or at 

such times as would constitute a hazard 

to the airplane or occupants. This latter 

point has the potential to be the more 

rigorous of the requirements, owing to 

the active nature of the system. 

The inflatable lapbelt will rely on 

electronic sensors for signaling and 

pyrotechnic charges for activation so 

that it is available when needed. These 

same devices could be susceptible to 

inadvertent activation, causing 

deployment in a potentially unsafe 

manner. The consequences of such 

deployment must be considered in 

establishing the reliability of the system. 

Boeing must substantiate that the effects 

of an inadvertent deployment in flight 

are either not a hazard to the airplane, 

or that such deployment is an extremely 

improbable occurrence (less than 10¥9

per flight hour). The effect of an 

inadvertent deployment on a passenger 

or crewmember that might be positioned 

close to the inflatable lapbelt should 

also be considered. The person could be 

either standing or sitting. A minimum 

reliability level will have to be 

established for this case, depending 

upon the consequences, even if the 

effect on the airplane is negligible. 

The potential for an inadvertent 

deployment could be increased as a 

result of conditions in service. The 

installation must take into account wear 

and tear so that the likelihood of an 

inadvertent deployment is not increased 

to an unacceptable level. In this context, 

an appropriate inspection interval and 

self-test capability are considered 

necessary. Other outside influences are 

lightning and high intensity 

electromagnetic fields (HIRF). Existing 

regulations regarding lightning 

§ 25.1316, HIRF § 25.1317, and HIRF 

special condition for the Boeing Model 

737–600/–700/–700C/–800/–900 and 

900ER series airplanes, SC–25–ANM– 

132, are applicable. For compliance 

with those conditions, if inadvertent 

deployment could cause a hazard to the 

airplane, the inflatable lapbelt is 

considered a critical system; if 

inadvertent deployment could cause 

injuries to persons, the inflatable lapbelt 

should be considered an essential 

system. Finally, the inflatable lapbelt 

installation should be protected from 

the effects of fire, so that an additional 

hazard is not created by, for example, a 

rupture of the pyrotechnic squib. 

For an effective safety system, the 

inflatable lapbelt must function 

properly and must not introduce any 

additional hazards to occupants as a 

result of its functioning. There are 

several areas where the inflatable 

lapbelt differs from traditional occupant 

protection systems, and requires special 

conditions to ensure adequate 

performance. 

Because the inflatable lapbelt is 

essentially a single use device, there is 


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45548 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

the potential that it could deploy under 

crash conditions that are not sufficiently 

severe as to require head injury 

protection from the inflatable lapbelt. 

Since an actual crash is frequently 

composed of a series of impacts before 

the airplane comes to rest, this could 

render the inflatable lapbelt useless if a 

larger impact follows the initial impact. 

This situation does not exist with 

energy absorbing pads or upper torso 

restraints, which tend to provide 

continuous protection regardless of 

severity or number of impacts in a crash 

event. Therefore, the inflatable lapbelt 

installation should be such that the 

inflatable lapbelt will provide 

protection when it is required, by not 

expending its protection during a less 

severe impact. Also, it is possible to 

have several large impact events during 

the course of a crash, but there will be 

no requirement for the inflatable lapbelt 

to provide protection for multiple 

impacts. 

Since each occupant’s restraint 

system provides protection for that 

occupant only, the installation must 

address seats that are unoccupied. It 

will be necessary to show that the 

required protection is provided for each 

occupant regardless of the number of 

occupied seats and that unoccupied 

seats may have lapbelts that are active. 

The inflatable lap belt should be 

effective for a wide range of occupants. 

The FAA has historically considered the 

range from the fifth percentile female to 

the ninety-fifth percentile male as the 

range of occupants that must be taken 

into account. In this case, the FAA is 

proposing consideration of a broader 

range of occupants, due to the nature of 

the lapbelt installation and its close 

proximity to the occupant. In a similar 

vein, these persons could have assumed 

the brace position, for those accidents 

where an impact is anticipated. Test 

data indicate that occupants in the brace 

position do not require supplemental 

protection, so it would not be necessary 

to show that the inflatable lapbelt will 

enhance the brace position. However, 

the inflatable lapbelt must not introduce 

a hazard when it is deployed into a 

seated, braced occupant. 

Another area of concern is the use of 

seats, so equipped, by children whether 

they are lap-held, sitting in approved 

child safety seats, or occupying the seat 

directly. Although specifically 

prohibited by the FAA operating 

regulations, the use of the 

supplementary loop belt (‘‘belly belt’’) 

may be required by other civil aviation 

authorities, and should also be 

considered with the end goal of meeting 

those regulations. Similarly, if the seat 

is occupied by a pregnant woman, the 

installation needs to address such usage, 

either by demonstrating that it will 

function properly, or by adding 

appropriate limitation on usage. 

Since the inflatable lapbelt will be 

electrically powered, there is the 

possibility that the system could fail 

due to a separation in the fuselage. 

Since this system is intended as crash/ 

post-crash protection means, failure due 

to fuselage separation is not acceptable. 

As with emergency lighting, the system 

should function properly if such a 

separation occurs at any point in the 

fuselage. 

Since the inflatable lapbelt is likely to 

have a large volume displacement, the 

inflated bag could potentially impede 

egress of passengers. Since the bag 

deflates to absorb energy, it is likely that 

an inflatable lapbelt would be deflated 

when persons try to leave their seats. 

Nonetheless, it is appropriate to specify 

a time interval after which the inflatable 

lapbelt may not impede rapid egress. 

The maximum time allowed for an exit 

to open fully after actuation is ten 

seconds, according to § 25.809(b)(2). 

Therefore it was chosen as the time 

interval that the inflatable lapbelt must 

not impede rapid egress from the seat 

after it is deployed. In actuality, it is 

unlikely that an exit would be prepared 

by a flight attendant this quickly in an 

accident severe enough to warrant 

deployment of the inflatable lapbelt. 

The inflatable lapbelt will likely deflate 

much quicker then ten seconds. 

This potential impediment to rapid 

egress is even more critical at the seats 

installed in the emergency exit rows. 

Installation of the inflatable restraints at 

the Type III exit rows presents different 

egress concerns as compared with front 

row seats. However, the need to address 

egress is already part of the special 

conditions so there is no change to the 

special conditions at this time. As noted 

below, the method of compliance with 

the special condition may involve 

specific considerations when the 

inflatable restraint is installed at Type 

III exits. From § 25.813 there are clear 

requirements that there must be access 

to the exit from the main aisle in the 

form of an unobstructed passageway, 

and no interference in opening the exit. 

The restraint system must not create an 

impediment to the access to, and the 

opening, of the exit. These lap belts 

should be evaluated in the exit row 

under existing regulations (§§ 25.809 

and 25.813) and guidance material. The 

inflatable lap belts must also be 

evaluated in post crash conditions, and 

should be evaluated using 

representative restraint systems in the 

bag deployed condition. 

This evaluation would include 

reviewing the access to and opening of 

the exit, specifically for obstructions in 

the egress path, and any interferences in 

opening the exit. Each unique interior 

configuration must be considered, e.g., 

passageway width, single or dual 

passageways with outboard seat 

removed, etc. If the restraint creates any 

obstruction or interference, it is likely 

that it could impede the rapid egress of 

the airplane. In some cases, the 

passenger is the one who will open the 

exit, such as a Type III over wing hatch. 

Project specific means-of-compliance 

guidance is likely necessary if these 

restraint systems are installed at the 

Type III exit rows. 

Finally, it should be noted that the 

special conditions are applicable to the 

inflatable lapbelt system as installed. 

The special conditions are not an 

installation approval. Therefore, while 

the special conditions relate to each 

such system installed, the overall 

installation approval is separate, and 

must consider the combined effects of 

all such systems installed. 

Boeing is proposing to install the 

following novel or unusual design 

feature of inflatable lap belts on certain 

seats of Boeing Model 737–600/–700/ 

–700C/–800/–900 and 900ER series 

airplanes, to reduce the potential for 

head injury if an accident occurs. The 

inflatable lapbelt works similar to an 

automotive inflatable airbag, except that 

the airbag is integrated with the lap belt 

of the restraint system. 

The performance criteria for head 

injury protection in objective terms is 

stated in § 25.562. However, none of 

these criteria are adequate to address the 

specific issues raised concerning seats 

with inflatable lapbelts. The FAA has 

therefore determined that, in addition to 

the requirements of part 25, special 

conditions are needed to address 

requirements particular to the 

installation of seats with inflatable 

lapbelts. 

Accordingly, in addition to the 

passenger injury criteria specified in 

§ 25.785, these special conditions are 

proposed for the Boeing Model 737 

series airplanes equipped with 

inflatable lapbelts. Other conditions 

may be developed, as needed, based on 

further FAA review and discussions 

with the manufacturer and civil aviation 

authorities. 

For a passenger safety system, the 

inflatable lapbelt is unique in that it is 

both an active and entirely autonomous 

device. While the automotive industry 

has good experience with inflatable 

airbags, the conditions of use and 

reliance on the inflatable lapbelt as the 

sole means of injury protection are quite 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45549 

different. In automobile installations, 

the airbag is a supplemental system and 

works in conjunction with an upper 

torso restraint. In addition, the crash 

event is more definable and of typically 

shorter duration, which can simplify the 

activation logic. The airplane-operating 

environment is also quite different from 

automobiles and includes the potential 

for greater wear and tear, and 

unanticipated abuse conditions (due to 

galley loading, passenger baggage, etc.). 

Airplanes also operate where exposure 

to high intensity electromagnetic fields 

could affect the lapbelt activation 

system. 

The current Special Conditions for the 

Boeing Model 777 series airplanes, 

Special Conditions No. 25–187A–SC, 

was amended to address flammability of 

the airbag material. The manufacturer of 

the inflatable lapbelt was unable to 

develop a fabric that would meet the 

inflation requirements for the bag and 

the flammability requirements of Part 

I(a)(1)(ii) of appendix F to part 25. The 

fabrics that were developed that met the 

flammability requirement did not 

produce acceptable deployment 

characteristics. However, the 

manufacturer was able to develop a 

fabric that meets the less stringent 

flammability requirements of Part 

I(a)(1)(iv) of appendix F to part 25 

which has acceptable deployment 

characteristics. 

Part I of appendix F to part 25 

specifies the flammability requirements 

for interior materials and components. 

There is no reference to inflatable 

restraint systems in appendix F, because 

such devices did not exist at the time 

the flammability requirements were 

written. The existing requirements are 

based on both material types, as well as 

use, and have been specified in light of 

the state-of-the-art of materials available 

to perform a given function. Without a 

specific reference, the default 

requirement would be for the type of 

material used to make the inflatable 

restraint, which is a fabric in this case. 

However, in writing a special condition, 

the FAA must also consider the use of 

the material, and whether the default 

requirement is appropriate. In this case, 

the specialized function of the inflatable 

restraint means that highly specialized 

materials are needed. The standard 

normally applied to fabrics is a 12- 

second vertical ignition test. However, 

materials that meet this standard do not 

perform adequately as inflatable 

restraints. Since the safety benefit of the 

inflatable restraint is very significant, 

the flammability standard appropriate 

for these devices should not screen out 

suitable materials and thereby 

effectively eliminate the use of 

inflatable restraints. The FAA will need 

to establish a balance between the safety 

benefit of the inflatable restraint and its 

flammability performance. Right now, 

the 2.5-inch per minute horizontal test 

is considered to provide that balance. 

As the state-of-the-art in materials 

progresses (which is expected), the FAA 

may change this standard in subsequent 

special conditions to account for 

improved materials. 

The following special conditions can 

be characterized as addressing either the 

safety performance of the system, or the 

system’s integrity against inadvertent 

activation. Because a crash requiring use 

of the inflatable lapbelts is a rare event, 

and because the consequences of an 

inadvertent activation are potentially 

quite severe, these latter requirements 

are probably more rigorous from a 

design standpoint. 

Applicability 

These special conditions are 

applicable to the Boeing Model 737– 

600/–700/–700C/–800/–900 and 900ER 

series airplanes. Should Boeing apply at 

a later date for a change to the type 

certificates to include another model 

that incorporates the same novel or 

unusual design feature, or should any 

other model already included on the 

same type certificate be modified to 

incorporate the same or similar novel or 

unusual design feature, the special 

conditions would also apply to the other 

model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Boeing Model 737–600/–700/–700C/ 

–800/–900 and 900ER series airplanes. It 

is not a rule of general applicability, and 

it affects only Boeing Model 737–600/ 

–700/–700C/–800/–900 and 900ER 

series airplanes listed on Type 

Certificate No. A16WE. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, reporting 

and recordkeeping requirements. 

■ The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

administrator, the following special 

conditions are issued as part of the type 

certification basis for the Boeing Model 

737–600/–700/–700C/–800/ and 900ER 

series airplanes with inflatable lapbelts 

installed. 

1. Seats With Inflatable Lapbelts 

It must be shown that the inflatable 

lapbelt will deploy and provide 

protection under crash conditions 

where it is necessary to prevent serious 

head injury. The means of protection 

must take into consideration a range of 

stature from a two-year-old child to a 

ninety-fifth percentile male. The 

inflatable lapbelt must provide a 

consistent approach to energy 

absorption throughout that range of 

occupants. In addition, the following 

situations must be considered: 

a. The seat occupant is holding an 

infant. 

b. The seat occupant is a child in a 

child restraint device. 

c. The seat occupant is a child not 

using a child restraint device. 

d. The seat occupant is a pregnant 

woman. 

2. The inflatable lapbelt must provide 

adequate protection for each occupant 

regardless of the number of occupants of 

the seat assembly, considering that 

unoccupied seats may have active 

seatbelts. 

3. The design must prevent the 

inflatable lapbelt from being either 

incorrectly buckled or incorrectly 

installed such that the inflatable lapbelt 

would not properly deploy. 

Alternatively, it must be shown that 

such deployment is not hazardous to the 

occupant, and will provide the required 

head injury protection. 

4. It must be shown that the inflatable 

lapbelt system is not susceptible to 

inadvertent deployment as a result of 

wear and tear, or inertial loads resulting 

from in-flight or ground maneuvers 

(including gusts and hard landings), 

likely to be experienced in service. 

5. Deployment of the inflatable lapbelt 

must not introduce injury mechanisms 

the seated occupant, or result in injuries 

that could impede rapid egress. This 

assessment should include an occupant 

who is in the brace position when it 

deploys and an occupant whose belt is 

loosely fastened. 

6. It must be shown that an 

inadvertent deployment, that could 

cause injury to a standing or sitting 

person, is improbable. 

7. It must be shown that inadvertent 

deployment of the inflatable lapbelt, 

during the most critical part of the 

flight, will either not cause a hazard to 

the airplane or is extremely improbable. 

8. It must be shown that the inflatable 

lapbelt will not impede rapid egress of 

occupants 10 seconds after its 

deployment. 

9. The system must be protected from 

lightning and HIRF. The threats 

specified in existing regulations 


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45550 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

regarding lightning, § 25.1316, HIRF, 

§ 25.1317, and existing HIRF special 

conditions for the Boeing Model 737– 

600/–700/–700C/–800/–900 and 900ER 

series airplanes, SC–25–ANM–132, are 

incorporated by reference for the 

purpose of measuring lightning and 

HIRF protection. For the purposes of 

complying with HIRF requirements, the 

inflatable lapbelt system is considered a 

‘‘critical system’’ if its deployment 

could have a hazardous effect on the 

airplane; otherwise it is considered an 

‘‘essential’’ system. 

10. The inflatable lapbelt must 

function properly after loss of normal 

aircraft electrical power, and after a 

transverse separation of the fuselage at 

the most critical location. A separation 

at the location of the lapbelt does not 

have to be considered. 

11. It must be shown that the 

inflatable lapbelt will not release 

hazardous quantities of gas or 

particulate matter into the cabin. 

12. The inflatable lapbelt installation 

must be protected from the effects of fire 

such that no hazard to occupants will 

result. 

13. There must be a means for a 

crewmember to verify the integrity of 

the inflatable lapbelt activation system 

prior to each flight or it must be 

demonstrated to reliably operate 

between inspection intervals. 

14. The inflatable material may not 

have an average burn rate of greater than 

2.5 inches/minute when tested using the 

horizontal flammability test as defined 

in 14 CFR part 25, appendix F, part I, 

paragraph (b)(5). 

Issued in Renton, Washington, on August 

7, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–21299 Filed 9–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0781; Directorate 

Identifier 2009–NM–111–AD; Amendment 

39–16004; AD 2009–18–08] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–200 and –300 Series Airplanes, 

Model A340–200 and –300 Series 

Airplanes, and Model A340–541 and 

–642 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200 and –300 series 

airplanes, Model A340–200 and –300 

series airplanes, and Model A340–541 

and –642 airplanes. This AD requires 

replacing certain Thales Avionics pitot 

probes with certain other pitot probes. 

This AD results from reports of airspeed 

indication discrepancies while flying at 

high altitudes in inclement weather 

conditions. We are issuing this AD to 

prevent airspeed discrepancies, which 

could lead to disconnection of the 

autopilot and/or auto-thrust functions, 

and reversion to flight control alternate 

law and consequent increased pilot 

workload. Depending on the prevailing 

airplane altitude and weather, this 

condition, if not corrected, could result 

in reduced control of the airplane. 

DATES: This AD becomes effective 

September 8, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of September 8, 2009. 

We must receive comments on this 

AD by October 5, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1138; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued a Notification of 

a Proposal to Issue an Airworthiness 

Directive (PAD), PAD 09–099, dated 

August 10, 2009 (referred to after this as 

‘‘the EASA PAD’’), to correct an unsafe 

condition for certain Airbus Model 

A330–200 and –300 series airplanes, 

Model A340–200 and –300 series 

airplanes, and Model A340–541 and 

–642 airplanes. The EASA PAD states 

that airspeed indication discrepancies 

have been reported on Model A330 and 

A340 airplanes while flying at high 

altitudes in inclement weather 

conditions. Investigation results 

indicate that these airplanes equipped 

with certain Thales Avionics pitot 

probes appear to have a greater 

susceptibility to adverse environmental 

conditions than certain other pitot 

probes. 

The EASA PAD also states that a new 

Thales Avionics pitot probe having part 

number (P/N) C16195BA has been 

designed, which improves the airspeed 

indication behavior in heavy rain 

conditions on Model A320 airplanes. 

This same pitot probe standard has been 

made available as an optional 

installation on Model A330 and A340 

airplanes, and although this has shown 

to be an improvement over the previous 

Thales Avionics pitot probe, P/N 

C16195AA standard, it has not yet 

demonstrated the same level of 

robustness to withstand high-altitude 

ice crystals as Goodrich pitot probes 

having P/N 0851HL. 

We are issuing this AD to prevent 

airspeed discrepancies, which could 

lead to disconnection of the autopilot 

and/or auto-thrust functions, and 

reversion to flight control alternate law 

and consequent increased pilot 

workload. Depending on the prevailing 

airplane altitude and weather, this 

condition, if not corrected, could result 

in reduced control of the airplane. 

Other Relevant Rulemaking 

On February 4, 2004, we issued AD 

2004–03–33, Amendment 39–13477 (69 

FR 9936, March 3, 2004), for certain 

Airbus Model A300 B2 and B4 series 

airplanes; Model A300 B4–600, A300 

B4–600R, and A300 F4–600R series 

airplanes (collectively called A300– 

600); Model A310 series airplanes; 

Model A319, A320, and A321 series 


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