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[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Rules and Regulations]
[Pages 65101-65103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27119]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / 
Rules and Regulations

[[Page 65101]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2011-1131; Special Conditions No. 23-255-SC]

Special Conditions: Embraer S.A.; Model EMB 500; Single-Place 
Side Facing Seat Dynamic Test Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the installation of a 
single-place side facing seat on Embraer S.A. EMB 500 aircraft. Side-
facing seats are considered a novel design, and their installation in a 
part 23 airplane was not envisaged and is not adequately addressed in 
14 CFR part 23. The FAA has determined that the existing regulations do 
not provide adequate or appropriate safety standards for occupants of 
single-place side-facing seats. In order to provide a level of safety 
that is equivalent to that afforded to occupants of forward and aft 
facing seating, additional airworthiness standards, in the form of 
special conditions, are necessary.

DATES: The effective date of these special conditions is October 12, 
2011.
    We must receive your comments by November 21, 2011.

ADDRESSES: Send comments identified by docket number [FAA-2011-1131] 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of 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://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: Mr. Bob Stegeman, Federal Aviation 
Administration, Small Airplane Directorate, Aircraft Certification 
Service, 901 Locust, Room 301, Kansas City, MO 64106; telephone (816) 
329-4140; facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design 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. 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 on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.

Background

    On December 26, 2009, Embraer S.A. applied for a change to Type 
Certificate No. A59CE for installation of a side-facing belted 
passenger seat in the EMB-500 airplane. The implication of the term 
belted is that the passenger seat will be used during takeoff and 
landing and so must comply with the provisions of 14 CFR 23.562 and 
23.785 (in addition to the certification basis as established in type 
certificate A59CE) and any additional requirements that the FAA 
determines are applicable. In this case, the approval of a side facing 
seat to these provisions is considered new and novel and as such will 
require special conditions and specific methods of compliance to 
certificate.
    14 CFR part 23 was amended August 8, 1988, by Amendment 23-36, to 
revise the emergency landing conditions that must be considered in the 
design of the airplane. Amendment 23-36 revised the static load 
conditions in Sec.  23.561, and added a new Sec.  23.562 that required 
dynamic testing for all seats approved for occupancy during takeoff and 
landing. The intent of Amendment 23-36 is to provide an improved level 
of safety for occupants on part 23 airplanes. Because most seating is

[[Page 65102]]

forward-facing in part 23 airplanes, the pass/fail criteria developed 
in Amendment 23-36 focused primarily on these seats. Since the 
regulations do not address side-facing seats, these criteria should be 
documented in Special Conditions.
    The FAA decision to review compliance with these regulations stems 
from the fact that the current regulations do not provide adequate and 
appropriate standards for the type certification of this type of seat.
    These requirements are substantially similar to other single place 
side facing seat installations approved for use on several different 
part 23 and part 25 aircraft.

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer S.A. must show that 
the model EMB 500, as changed, continues to meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate No. A59CE 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 following model is covered by this special condition:

Embraer S.A. EMB 500

    For the model listed above, the certification basis also includes 
all exemptions, if any; equivalent level of safety findings, if any; 
and special conditions not relevant to the special conditions adopted 
by this rulemaking action.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the side facing seat as installed on 
this Embraer S.A. model 500 because of a novel or unusual design 
feature, special conditions are prescribed under the provisions of 
Sec.  21.16.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis in 
accordance withSec.  21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the special conditions would apply to that 
model as well.

Novel or Unusual Design Features

    The Embraer S.A., model EMB 500 will incorporate the following 
novel or unusual design features:
    A side facing passenger seat intended for taxi/takeoff and landing

Discussion

    The seat is to incorporate design features that reduce the 
potential for injury in the event of an accident. In a severe impact, 
the occupant will be restrained by a 2-point seatbelt and bear on an 
adjacent padded wall. In addition to the design features intended to 
minimize occupant injury during an accident sequence, the adjacent 
forward wall/bulkhead interior structure will have padding, which will 
provide some protection to the head of the occupant.
    The Code of Federal Regulations states performance criteria for 
forward and aft facing seats and restraints in an objective manner. 
However, none of these criteria are adequate to address the specific 
issues raised concerning side-facing seats. Therefore, the FAA has 
determined that, in addition to the requirements of part 21 and part 
23, special conditions are needed to address the installation of this 
seat installation/restraint.
    Accordingly, these special conditions are for the Embraer S.A. 
model EMB 500 side facing seat location. Other conditions may be 
developed, as needed, based on further FAA review and discussions with 
the manufacturer and civil aviation authorities.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer model 500. Should Embraer S.A. 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.

Conclusion

    This action affects only certain novel or unusual design features 
on one model 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, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, 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 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for Embraer S.A., model 500 airplanes.

Single-Place Side Facing Seat Dynamic Test Requirements

    In addition to the provisions of 14 CFR 23.562, the following will 
apply:
    The following minimum acceptable standards for dynamic seat 
certification of the single side-facing seat are as follows:
    (a) Existing Criteria. As referenced by Sec.  23.785(b), all injury 
protection criteria of Sec. Sec.  23.562(c)(1) through (c)(7) apply to 
the occupants of the side-facing seats. Head injury criteria (HIC) 
assessments are only required for head contact with the seat and/or 
adjacent structures.
    (b) Body-to-wall/furnishing contact. The seat must be installed aft 
of a structure such as an interior wall or furnishing that will contact 
the pelvis, upper arm, chest, or head of an occupant seated next to the 
structure. A conservative representation of the structure and its 
stiffness must be included in the tests. It is required that the 
contact surface of this structure must be covered with at least two 
inches of energy absorbing protective padding (foam or equivalent), 
such as Ensolite.
    (c) Thoracic Trauma. Testing with a Side Impact Dummy (SID), as 
defined by 49 CFR Part 572, Subpart F, or its equivalent, must be 
performed in order to establish Thoracic Trauma Index (TTI) injury 
criteria. TTI acquired with the SID must be less than 85, as defined in 
49 CFR Part 572, Subpart F. SID TTI data must be processed as defined 
in Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section 
S11.5.

[[Page 65103]]

Rational analysis, comparing an installation with another installation 
where TTI data were acquired and found acceptable, may also be viable.
    (d) Pelvis. Pelvic lateral acceleration must not exceed 130g. 
Pelvic acceleration data must be processed as defined in FMVSS Part 
571.214, section S11.5.
    (e) Shoulder Strap Loads. Where upper torso straps (shoulder 
straps) are used for occupants, tension loads in individual straps must 
not exceed 1,750 pounds. If dual straps are used for restraining the 
upper torso, the total strap tension loads must not exceed 2,000 
pounds.
    (f) Compression Loads. The compression load measured between the 
pelvis and the lumbar spine of the ATD may not exceed 1,500 pounds.
    (g) Emergency Evacuation. The airplane configuration must meet the 
emergency evacuation requirements of its certification basis with the 
seat occupied.
    (h) Test Requirements in Sec.  23.562 dynamic loads. The tests in 
Sec.  23.562(a) (b) and (c) must be conducted on the side-facing seat. 
Floor deformation is required except for a seat that is cantilevered to 
the bulkhead.
    The following are the agreed to methods of compliance and testing 
requirements:

General Test Guidelines

    (a) One longitudinal test with the SID anthropomorphic test dummy 
(ATD) or its equivalent, undeformed floor, no yaw, and with all lateral 
structural supports (armrests/walls) must be accomplished.

--Pass/fail injury assessments: TTI and pelvic acceleration.

    (b) One longitudinal test with the Hybrid II ATD, deformed floor, 
with 10 degrees yaw, and with all lateral structural supports 
(armrests/walls) must be accomplished.

--Pass/fail injury assessments: HIC and upper torso restraint load, and 
restraint system retention.

    (c) Vertical (15 G's) test must to be conducted with modified 
Hybrid II ATDs with existing pass/fail criteria.
    (d) The ATD can be tethered for the floor deformation test.
    (e) The seatbelt is not required to have a TSO Authorization but 
will need to comply with the TSO-C22g Minimum Performance Standards 
(MPS).

    Issued in Kansas City, Missouri, on October 12, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-27119 Filed 10-19-11; 8:45 am]
BILLING CODE 4910-13-P
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