This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64478 

Vol. 71, No. 212 

Thursday, November 2, 2006 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Docket Number FV–06–313] 

United States Standards for Grades of 

Winter Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Agricultural Marketing 

Service (AMS) prior to undertaking 

research and other work associated with 

revising official grade standards, is 

soliciting comments on the possible 

revisions of the United States Standards 

for Grades of Winter Pears. AMS has 

been reviewing the Fresh Fruit and 

Vegetable grade standards for usefulness 

in serving the industry. As a result AMS 

is considering revisions to the winter 

pear standard to include removing the 

section 51.1309, Condition after storage 

or transit. This section has caused 

confusion within the industry in the 

past due to different procedures 

incurred when reporting inspection 

findings in comparison to other grade 

standards. Additionally, AMS is seeking 

comments regarding any other revisions 

to the standards that may be necessary 

to better serve the industry. 

DATES: Comments must be received by 

January 2, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments to 

the Standardization Section, Fresh 

Products Branch, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

1400 Independence Ave., SW., Room 

1661 South Building, Stop 0240, 

Washington, DC 20250–0240; Fax (202) 

720–8871, E-mail 

FPB.DocketClerk@usda.gov. Comments 

should make reference to the dates and 

page number of this issue of the Federal 

Register and will be made available for 

public inspection in the above office 

during regular business hours. The 

United States Standards for Grades of 

Winter Pears are available either at the 

above address or by accessing the AMS, 

Fresh Products Branch Web site at: 

http://www.ams.usda.gov/standards/ 

stanfrfv.htm. 

FOR FURTHER INFORMATION CONTACT: 

Cheri L. Emery, at the above address or 

call (202) 720–2185; E-mail 

Cheri.Emery@usda.gov. 

SUPPLEMENTARY INFORMATION: Section 

203(c) of the Agricultural Marketing Act 

of 1946 (7 U.S.C. 1621–1627), as 

amended, directs and authorizes the 

Secretary of Agriculture ‘‘To develop 

and improve standards of quality, 

condition, quantity, grade and 

packaging and recommend and 

demonstrate such standards in order to 

encourage uniformity and consistency 

in commercial practices.’’ AMS is 

committed to carrying out this authority 

in a manner that facilitates the 

marketing of agricultural commodities. 

AMS makes copies of official standards 

available upon request. 

AMS is considering revisions to the 

United States Standards for Grades of 

Winter Pears. These standards were last 

published on September 10, 1955. 

Executive Order 12866 

The Office of Management and Budget 

has waived the review process required 

by Executive Order 12866 for this 

action. 

Background 

AMS has been reviewing the Fresh 

Fruit and Vegetable grade standards for 

usefulness in serving the industry. AMS 

is considering a revision to the United 

States Standards for Grades of Winter 

Pears. The revision would eliminate the 

section 51.1309, Condition after storage 

or transit, which states that ‘‘decay, 

scald or other deterioration which may 

have developed on pears after they have 

been in storage or transit shall be 

considered as affecting condition and 

not the grade.’’ Due to this requirement, 

pears may fail to meet the requirements 

of the grade the pears would be reported 

as ‘‘meets grade.’’ For example: a lot of 

pears that fail to meet the requirements 

of the U.S. No. 1 grade due to exceeding 

the decay tolerance would be reported 

as ‘‘U.S. No. 1 with decay being a factor 

of condition.’’ This has caused 

confusion within the industry as 

generally when a product exceeds a 

tolerance for grade it is reported as 

‘‘fails to grade.’’ Removing this section 

will eliminate any confusion in the 

future and bring the winter pear 

standard in line with other standards. 

However, prior to undertaking detailed 

work to develop the proposed revision 

to the standards, AMS is soliciting 

comments on these changes as well as 

any other revisions to the United States 

Standards for Grades of Winter Pears to 

better serve the industry. 

This notice provides for a 60-day 

comment period for interested parties to 

comment on whether any changes are 

necessary to the standards. Should AMS 

conclude that there is a need for any 

revisions of the standards, the proposed 

revisions will be published in the 

Federal Register with a request for 

comments. 

Authority: 7 U.S.C. 1621–1627. 

Dated: October 27, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E6–18504 Filed 11–1–06; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM354; Notice No. 25–06–09A– 

SC] 

Special Conditions: Boeing 

Commercial Airplane Group, Boeing 

Model 777 Series Airplane; Overhead 

Cross Aisle Stowage Compartments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions (amended). 

SUMMARY: The FAA amends and 

supersedes proposed special conditions 

for the Boeing Model 777 series 

airplanes. The previous notice (Notice 

No. 25–06–09–SC) published on 

October 18, 2006 (71 FR 61432), did not 

reflect the final FAA position on the 

novel design feature, and was thus in 

error. This airplane, modified by Boeing 

Commercial Airplane Group, will have 

novel or unusual design features 

associated with overhead cross aisle 

stowage compartments. The applicable 

airworthiness regulations do not contain 

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adequate or appropriate safety standards 

for these design features. These 

amended proposed special conditions 

contain the additional safety standards 

the Administrator considers necessary 

to establish a level of safety equivalent 

to that established by the existing 

airworthiness standards. 

DATES: We must receive your comments 

on or before November 13, 2006. 

ADDRESSES: You may mail or deliver 

comments on these amended proposed 

special conditions in duplicate to: 

Federal Aviation Administration, 

Transport Airplane Directorate, Attn: 

Rules Docket (ANM–113), Docket No. 

NM354, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356. You 

must mark your comments: Docket No. 

NM354. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, Airframe/Cabin 

Branch, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2194; facsimile 

(425) 227–1232. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the amended 

proposed 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 amended proposed 

special conditions. You may 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 amended proposed 

special conditions based on the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on these 

amended proposed special conditions, 

include with your comments a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On April 20, 2005, Boeing 

Commercial Airplane Group, Seattle, 

Washington, applied for a supplemental 

type certificate to permit installation of 

overhead cross aisle stowage 

compartments in Boeing 777 series 

airplanes. The Boeing Model 777 series 

airplanes are large twin engine airplanes 

with four or five pairs of Type A exits. 

The Boeing 777 airplanes can be 

configured with various passenger 

capacities and range. 

The regulations do not address the 

novel and unusual design features 

associated with the installation of 

overhead cross aisle stowage 

compartments installed on the Boeing 

Model 777, making these amended 

proposed special conditions necessary. 

Generally, the requirements for 

overhead stowage compartments are 

similar to stowage compartments in 

remote crew rest compartments (i.e., 

located on lower lobe, main deck or 

overhead) already in use on Boeing 

Model 777 and 747 series airplanes. 

Remote crew rest compartments have 

been previously installed and certified 

in the main passenger cabin area, above 

the main passenger area, and below the 

passenger cabin area adjacent to the 

cargo compartment of the Boeing Model 

777–200, and –300 series airplanes. On 

October 18, 2006, a Notice of Proposed 

Special Conditions was published to 

address the novel design feature. 

However, the notice inadvertently did 

not reflect the FAA’s final position on 

the proposed requirements. This 

amended notice corrects that error. 

Type Certification Basis 

Under the provisions of § 21.101, 

Boeing Commercial Airplane Group 

must show that the Boeing Model 777, 

as changed, continues to meet the 

applicable provisions of the regulations 

incorporated by reference in Type 

Certificate No. T00001SE 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. T00001SE for the Boeing 

Model 777 series airplanes include Title 

14 Code of Federal Regulations (CFR), 

part 25, as amended by Amendments 

25–1 through 25–100, with exceptions, 

for various models. Refer to Type 

Certificate No. T00001SE, as applicable, 

for a complete description of the 

certification basis for this model, 

including certain special conditions that 

are not relevant to these amended 

proposed special conditions. 

If the Administrator finds the 

applicable airworthiness regulations 

(part 25 as amended) do not contain 

adequate or appropriate safety standards 

for the Boeing Model 777 because of a 

novel or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 777 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 § 11.19, under § 11.38 and 

they become part of the type 

certification basis under § 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the applicant apply 

for a change to modify any other model 

included on the same type certificate 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 

The Boeing Model 777 will 

incorporate the following novel or 

unusual design features: The 

installation of powered lift-enabled 

stowage compartments that rise into the 

overhead area and lower into the cabin. 

The overhead cross aisle stowage 

compartments are configured to allow 

stowage of galley type standard 

containers as well as coats, bags, and 

other items typically stowed in closets 

or bins. These stowage compartments 

will be located above the emergency exit 

cross aisles of Boeing Model 777 series 

airplanes. Because the compartment is 

lowered into the main cabin, it could 

affect egress if it cannot be raised again. 

The overhead compartment may lower 

into a cross aisle as defined in § 25.813, 

but it may also lower into other 

potential egress paths. For the purposes 

of these amended proposed special 

conditions, the same criteria apply, 

whether or not the egress path is 

required by § 25.813. Therefore, as used 

in these amended proposed special 

conditions, the term ‘‘overhead cross 

aisle stowage compartment’’ addresses 

all such compartments. 

Each stowage compartment is 

accessed from the main deck by a 

powered lift that lowers and raises the 

stowage compartment between the 

overhead and the main deck. In 

addition, the lift can be hand cranked 

up and down in the event of a power or 

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lift motor failure. A smoke detection 

system will be provided in the overhead 

cross aisle stowage compartments. 

Discussion of the Amended Proposed 

Special Conditions 

In general, the requirements listed in 

these amended proposed special 

conditions for overhead cross aisle 

stowage compartments are similar to 

those previously approved for overhead 

crew rest compartments in earlier 

certification programs, such as for the 

Boeing Model 777 and Model 747 series 

airplanes. These amended proposed 

special conditions establish 

compartment access, power lift, 

electrical power, smoke/fire detection, 

fire extinguisher, fire containment, 

smoke penetration, and compartment 

design criteria for the overhead cross 

aisle stowage compartments. The 

overhead stowage compartments are not 

a direct analogy to stowage 

compartments in remote crew rest 

compartments installed and certified for 

Boeing Model 777 series airplanes, but 

the safety issues raised are similar. 

Features similar to those considered in 

the development of previous special 

conditions for fire protection will be 

included here also. The proposed 

requirements would provide an 

equivalent level of safety to that 

provided by other Boeing Model 777 

series airplanes with similar overhead 

compartments. 

Operational Evaluations and Approval 

The FAA’s Aircraft Certification 

Service will administer these amended 

proposed special conditions, which 

specify requirements for design 

approvals (that is, type design changes 

and supplemental type certificates) of 

overhead cross aisle stowage 

compartments. 

The Aircraft Evaluation Group of the 

FAA’s Flight Standards Service must 

evaluate and approve the operational 

use of overhead cross aisle stowage 

compartments prior to use. The Aircraft 

Evaluation Group must receive all 

instructions for continued 

airworthiness, including service 

bulletins, prior to the FAA accepting 

and issuing approval of the 

modification. 

Proposed Special Condition No. 1, 

Compartment Access and Placards 

Appropriate placards, or other means, 

are required to address door access and 

locking to prohibit or prevent passenger 

access and operation of the overhead 

storage compartment. There must also 

be a means to preclude anyone from 

being trapped inside the stowage 

compartment, if it is large enough for a 

person to enter. If there is more than one 

door providing access, each door must 

be equipped with these means. 

Proposed Special Condition No. 2, 

Power Lift 

The power lift must be designed so 

the overhead stowage compartment will 

not jam in the down position, even if 

lowered on top of a hard structure. The 

lift must operate at a speed that allows 

anyone underneath the compartment to 

move clear without injury. The lift 

controls must be placed clear of the 

compartment door and must be pressed 

continuously for lift operation. Training 

on operation procedures must be added 

to appropriate manuals. 

Proposed Special Condition No. 3, 

Manual Operation 

There must be a means to manually 

operate the lift that is independent of 

the electrical drive system. The lift must 

be operable by a range of occupants, 

including a fifth percentile female. The 

manual means must be capable of 

lowering the overhead stowage 

compartment quickly to the main deck 

to fight a fire. The manual system must 

be capable of raising the compartment 

quickly so the cross aisle or other egress 

path (if applicable) is not blocked in an 

emergency. If electrical or manual 

power is removed, there must be a 

means, such as a brake, to prevent the 

compartment from unrestricted 

movement, i.e., falling. Training on 

manual operation must be added to 

appropriate manuals. 

Proposed Special Condition No. 4, 

Handheld Fire Extinguisher 

For compartments larger than 25 

cubic feet, a handheld fire extinguisher 

appropriate to fight the kinds of fire 

likely to occur in the overhead stowage 

compartment must be provided. This 

handheld fire extinguisher must be 

adjacent to the overhead compartment. 

This extinguisher must be in addition to 

those required for the passenger cabin. 

Proposed Special Condition No. 5, Fire 

Containment 

This special condition requires either 

the installation of a manually activated 

fire extinguishing system that is 

accessible from outside the overhead 

stowage compartment, or a 

demonstration that the crew could 

satisfactorily perform the function of 

extinguishing a fire under the 

prescribed conditions. A manually 

activated built-in fire extinguishing 

system would be required only if a 

crewmember could not successfully 

locate and get access to the fire during 

a demonstration where the crewmember 

is responding to the alarm. For the 

duration of the flight, the system must 

have adequate capacity to suppress any 

fire occurring in the stowage 

compartment considering the fire threat, 

volume of the compartment and the 

ventilation rate. 

Proposed Special Condition No. 6, 

Smoke Penetration 

The design of the compartment must 

provide means to exclude hazardous 

quantities of smoke or extinguishing 

agent originating in the compartment 

from entering other occupied areas. The 

means must take into account the time 

period during which the compartment 

may be accessed to manually fight a fire, 

if applicable. 

During the one-minute smoke 

detection time (see Special Condition 

No. 7), penetration of a small quantity 

of smoke (one that would dissipate 

within 3 minutes under normal 

ventilation conditions) from this 

overhead stowage compartment design 

into an occupied area on this airplane 

configuration would be acceptable 

based on the limitations placed in this 

and other associated special conditions. 

These special conditions place 

sufficient restrictions in the quantity 

and type of material allowed in the 

overhead stowage compartment that 

threat from a fire in this remote area 

would be equivalent to that experienced 

on the main cabin. 

If a built-in fire extinguishing system 

is used in lieu of manual fire fighting, 

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. 

Proposed Special Condition No. 7, 

Compartment Design Criteria 

The material used to construct the 

overhead stowage compartment must 

meet the flammability requirements for 

compartment interiors in § 25.853 and 

be fire resistant. Depending on the size 

of the compartment, certain fire 

protection features of Class B cargo 

compartments are also required. 

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. This is the same 

requirement as has been applied to 

remote crew rest compartments. 

Enclosed stowage compartments 

equal to or greater than 57 ft3 in interior 

volume but less than or equal to 200 ft3, 

must have a liner that meets the 

requirements of § 25.855 for a Class B 

cargo compartment. The overhead 

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stowage compartment may not be 

greater than 200 ft3 in interior volume. 

The in-flight accessibility of very large 

enclosed stowage compartments and the 

subsequent impact on the 

crewmember’s ability to effectively 

reach any part of the compartment with 

the contents of a handheld fire 

extinguisher would require additional 

fire protection considerations similar to 

those required for inaccessible 

compartments such as Class C cargo 

compartments. 

The overhead stowage 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 

crewmembers or passengers) is 

considered complex in terms of 

paragraph 6d of Advisory Circular (AC) 

25.1309–1A, ‘‘System Design and 

Analysis.’’ The FAA considers failure of 

the overhead stowage compartment fire 

protection system (that is, smoke or fire 

detection and fire suppression systems) 

in conjunction with an overhead 

stowage 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). 

The requirements to enable 

crewmember(s) quick access to the 

overhead stowage compartment and to 

locate a fire source inherently places 

limits on the amount of baggage stowed 

and the size of the overhead stowage 

compartment. The overhead stowage 

compartment is limited to stowage of 

galley type standard containers as well 

as coats, bags, and other items typically 

stowed in closets or bins. It is not 

intended to be used for the stowage of 

other items. The design of such a system 

to include other items may require 

additional special conditions to ensure 

safe operation. 

Applicability 

These amended proposed special 

conditions are applicable to the Boeing 

Model 777 series airplanes with 

overhead cross aisle stowage 

compartments. Should Boeing 

Commercial Airplane Group apply later 

for a change to the type certificate to 

include another model included on 

Type Certificate No. T00001SE, 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well 

under the provisions of § 21.101. 

The Boeing Model 777 series airplane 

is scheduled for imminent delivery. 

Special conditions for other types of 

stowage compartments in remote areas 

of airplanes have been subject to the 

notice and public comment procedure 

in several prior instances. Therefore, 

because a delay would significantly 

affect the applicant’s installation of the 

overhead cross aisle stowage 

compartment and certification of the 

airplane, we are shortening the public 

comment period to 10 days. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Boeing Model 777 series 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. 

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 Amended Proposed Special 

Conditions 

Accordingly, the Federal Aviation 

Administration (FAA) proposes the 

following special conditions as part of 

the type certification basis for Boeing 

Model 777 series airplanes. Each 

overhead cross aisle stowage 

compartment and the adjacent area, 

including the structural frame, 

mechanical system and drive motor, 

must meet the following requirements: 

1. Compartment Access and Placards. 

There must be a means to prohibit or 

prevent passengers from entering or 

operating the overhead cross aisle 

stowage compartment. Placards 

prohibiting access are acceptable. If a 

compartment is large enough for a 

person to enter, there must be a means 

to preclude anyone from being trapped 

inside the stowage compartment. If a 

latching/locking mechanism is installed, 

the door must be capable of being 

opened from the outside without the aid 

of special tools. The mechanism must 

not prevent opening from the inside of 

the stowage at any time. 

2. Power Lift. There must be a means 

such as a load or force limiter to protect 

the overhead cross aisle stowage 

compartment electrical lift drive system 

from failure or jamming in the down 

position in the event it is lowered on 

top of hard structure such as a galley 

cart. 

(a) The electrical lift controls must be 

placed so the operator is clear of the lift 

and designed such that the controls 

must be pressed continuously for lift 

operation. 

(b) The electrical lift must raise and 

lower the stowage compartment at a 

slow enough rate, and stop above the 

floor at such a height, that anyone 

underneath can easily move clear 

without injury. 

(c) Stowage compartment operation 

training procedures must be added to 

the appropriate flight attendant 

manuals. 

3. Manual Lift. There must be a means 

in the event of failure of the aircraft’s 

main power system, or of the 

electrically powered overhead cross 

aisle stowage compartment lift system, 

for manually activating the lift system. 

(a) This manual means must be 

independent of the electrical drive 

system. 

(b) The manual means must be 

accessible and operable by a range of 

occupants, including a fifth percentile 

female. 

(c) The manual means must be 

capable of lowering the stowage 

compartment to the main deck quickly 

enough to fight a fire in the stowage 

compartment before overhead cross 

aisle stowage compartment fire 

containment is compromised. 

(d) The manual means must be 

capable of quickly raising the stowage 

compartment such that the cross aisle, 

or other egress path is not blocked in the 

event of an emergency. 

(e) Stowage compartment firefighting 

training procedures must be added to 

the appropriate flight attendant 

manuals. 

(f) The lift system must include a 

means, such as a brake, to retain the 

overhead cross aisle stowage 

compartment in any position of travel 

when the manual or electric drive force 

is removed. 

4. Fire Extinguisher. The means to 

manually fight a fire in the overhead 

cross aisle stowage compartment must 

consider the additional stowage volume 

and time required to manually lower the 

compartment after indication. For 

compartments larger than 25 ft3 the 

following equipment must be provided 

directly adjacent to each overhead cross 

aisle stowage compartment: at least one 

approved handheld fire extinguisher, in 

addition to the fire extinguisher 

requirements of § 25.851 and § 121.309, 

appropriate for the kinds of fires likely 

to occur within the overhead stowage 

compartment. 

5. Fire Containment. Fires originating 

within the overhead cross aisle stowage 

compartment must be controlled for the 

duration of the flight without a 

crewmember having to access the 

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compartment. Alternatively, the design 

of the access provisions must allow 

crewmembers equipped for firefighting 

to have unrestricted access to the 

compartment. If the latter approach is 

elected it must be demonstrated that a 

crewmember has sufficient access to 

enable them to extinguish a fire. The 

time for a crewmember on the main 

deck to react to the fire alarm, (and, if 

applicable, to don the firefighting 

equipment and to open the 

compartment) must not exceed the 

flammability and fire containment 

capabilities of the stowage 

compartment. 

6. Smoke Penetration. There must be 

a means provided to exclude hazardous 

quantities of smoke or extinguishing 

agent originating in the overhead cross 

aisle stowage compartment from 

entering any other compartment 

occupied by crewmembers or 

passengers. If access is required to 

comply with Special Condition 5, this 

means must include the time period 

when accessing the stowage 

compartment to manually fight a fire. 

Smoke entering any other compartment 

occupied by crewmembers or 

passengers, when access to the stowage 

compartment is opened to manually 

fight a fire, must dissipate within five 

minutes after the access to the stowage 

compartment is closed. Prior to the one 

minute smoke detection time (reference 

note 2 in paragraph (7)) penetration of 

a small quantity of smoke from the 

stowage compartment into an occupied 

area is acceptable. Flight tests must be 

conducted to show compliance with 

this requirement. 

7. Compartment Design Criteria. The 

overhead cross aisle stowage 

compartment must be designed to 

minimize the hazards to the airplane in 

the event of a fire originating in the 

stowage compartment. 

(a) Fire Extinguishing System. If a 

built-in fire extinguishing system is 

used in lieu of manual firefighting, then 

the fire extinguishing system must be 

designed so 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 stowage compartment, 

considering the fire threat, volume of 

the compartment, and the ventilation 

rate. 

(b) Compartment Size. All overhead 

cross aisle stowage compartments must 

meet the design criteria given in the 

table below. As indicated by the table 

below, enclosed stowage compartments 

greater than 200 ft3 in interior volume 

are not addressed by this special 

condition. 

Stowage compartment interior volumes 

Fire protection features 

Less than 25 ft3 25 ft3 to 57 ft3 57 ft3 to 200 ft3

Materials of Construction 1 ........................................................................................... Yes ...................... Yes ...................... Yes. 

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

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

1 Material: The material used to construct each enclosed stowage compartment must be at least fire resistant and must meet the flammability

standards established for interior components (that is, 14 CFR Part 25 Appendix F, Parts I, IV, and V) per the requirements of § 25.853. For 

compartments less than 25 ft3 in total 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 total interior volume must be provided with a smoke or fire detection system to ensure that a fire can be detected within one minute. 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) 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 it can be shown the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B 

cargo compartment (that is, § 25.855 at Amendment 25–93 and Appendix F, part I, paragraph (a)(2)(ii)), in addition to the above 1 Material requirement, then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft3 in total interior volume but less 

than 57 ft3 in total interior volume. For all enclosed stowage compartments equal to or greater than 57 ft3 in total 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. 

Issued in Renton, Washington, on October 

26, 2006. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 06–9025 Filed 10–30–06; 1:07 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26217; Directorate 

Identifier 2006–NM–209–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model DHC–8–400 

series airplanes. This proposed AD 

would require revising the 

Airworthiness Limitations Items (ALI) 

of the maintenance requirements 

manual to require additional inspection 

requirements of the maintenance 

requirements manual for certain 

principal structural elements (PSEs) 

related to fuselage cutouts and to reduce 

an inspection threshold for an existing 

ALI task on the aft entry door. This 

proposed AD results from data obtained 

from the manufacturer’s fatigue testing. 

We are proposing this AD to detect and 

correct fatigue cracking of certain PSEs, 

which could result in reduced structural 

integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by December 4, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

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

through Friday, except Federal holidays. 

mstockstill on PROD1PC61 with PROPOSALS