Enclosure to RA-13-00963 Page 1 of 8



### Petition for Exemption from Title 14 Code of Federal Regulations Section 25.853(d) and Special Condition No. 25-370-SC

A. Name and Address of the Petitioner

Douglas M. Lane, ODA Deput y Lead Administrator
The Boeing Company

PO Box 3707, M/C 03-52
Seattle, Washington, 98124



### B. Section of the Code of Federal Regulations (CFRs) that are
Affected

As provided for in Title 14 Code of Federal Regulations (CFR) §11.61(b), per §11.81, Boeing hereby petitions for exemption from the following 14 CFR part 25 regulation and special condition for the Heat Release and Smoke Emissions for 787 series model airplane:

Re g ulatio n Amendment Re q uirement 25.853( d ) 25-116 (d) Except as provided in paragraph (e) of this section, the following interior components of airplanes with passenger capacities of 20 or more

must also meet the test requirements of parts IV and V of appendix F of th is part, or other approved equivalent method, in addition to the flammability requirements prescribed in paragraph (a) of this section: (1) Interior ceiling and wall panels, other than lighting lenses and windows; (2) Partitions, other than transparent panels needed to enhance cabin safety; (3) Galley structure, in cluding exposed surfaces of stowed carts and standard containers and the cavity walls that are exposed when a full complement of such cart s or containers is not carried; and (4) Large cabinets and cabin stowage compartments, other than underseat stowage compartments for stowing small items such as magazines and maps.

25-370-SC Title 14 CFR part 25, Appendix F,
parts IV and V, heat release and smoke
emission, is required for seats that
incorporate non-traditional , large, nonmetallic
panels that may either be a
single component or multiple
components in a concentrated area in
their design.Enclosure to RA-13-00963 Page 2 of 8



### C. The Extent of Relief Being Sought

Re g ulatio n Re q uirement Wh y relief is necessar y 25.853( d )

at Amdt

25-116 Title 14 CFR part 25, Appendix F, parts IV and V, heat

release and smoke emission, is required

for seats thatincorporate nontraditional, large,

nonmetallic panels that may

either be a single component or multiple components in a

concentrated area in their design. Boeing petitions for exemption from the requirements of Title 14 Code of Federal Regulations (CFR) section 25.853 (d) at Amdt. 25-116, and the reference (f) special conditions to the

extent that thes e apply to the application of energy absorbing materials required by 14 CFR 25.785 and references (a) and (c). Energy absorbing foams such as those listed in reference (c) for the purpose of meeting 14 CFR 25.785(b),(d)(2),(k), are not capable of meeting the flammability requirements of 14 CFR 25.853 (d) and special condition reference (f).

Description of relie f sought: Boeing respectfully requests an exemption to the flammability requirements

documented above to the extent that these apply to the application of energy absorbing materials such as one-inch thick Ensolite (Type AH, AHC, IV3, HHC or HH), Klegecell or Airex 4070 on Boeing Model 787 series airplanes. 25-370-SC

If granted Boeing would apply this ex emption to the 787 series aircraft configured with business class seats meeting the technical and procedural conditions set forth in paragraph D of this document.



### D. Description of the Issue

The 787 series airplane program can include the installation and certification of the Zodiac (UK) ‘U SC3’ model side-facing business class passenger seats with inflatable restra ints. Presently, both Air New Zealand and Virgin Atlantic (both 787-9 series ) install theses seats. The first

installation of the seat will be on the ANZ 787-9 airplane, w ith an entry into service of second quarter of 2014 . Previous to the ANZ 787-9 seat installation, the seat was certified by th e FAA to the reference (b) and (d) special conditions on ANZ Boeing Model 777-300ER with granted exemption 10156, reference (e). The ANZ 787-9 seat will be certified by theEnclosure to RA-13-00963 Page 3 of 8

FAA to the reference (a) and (f) special conditions, the petition for exemption having been su bmitted in January 2013, reference (g).

The Zodiac (UK) ‘USC3’ seats include partitions, forward and aft of each passenger seat place. The top edge of these partition walls may be struck during an emergency landing or turbulence (Figures 1 and 3).

During an emergency landing, for thres hold loads below 6.5g, the inflatable restraints will not deploy and seated passengers may strike the top edge of the partition wall in front of them . For loads of 6.5g and above, the

inflatable restraints act ivate to cushion forward impact. However, contact with the inflated airbag produces a rebound resulting in seated occupants contacting the vertical portion of th e partition wall aft of the passenger. Although most of the energy is mitigat ed by the initial reaction with the airbag, the remaining movement of the occupant must be addressed.

During turbulence, passengers may c ontact the partition wall edges either while seated, or in the event of a fa ll while navigating through the cabin. To protect passengers from injuries resu lting from contact with seat partition wall edges, the business class seat s incorporate padding on these wall edges. The padding consists of Ensolite, energy absorbing foam recommended in AC25-17A for this expr ess purpose, encapsulated within a

leather cover.



### E. Statement of Public Interest

Granting of this petition is in the public interest because it provides for the installation of an injury-preventing device that will be useful during all phases of flight, including takeoff, taxi, landing, turbulence, conditions encountered during normal flight and emergency landing events. The material fully complies with 14 CF R 25.853(a) and will not propagate a fire. Additionally, it will add to the survivability of a potential post crash fire due to its ability to mitigate personal injury in a crash event and aid in an occupant’s ability to safely evacuate the aircraft.



### F. Statement of No Adverse Effect on Safety

Granting of this petition for the c onfiguration of Zodiac (UK) ‘USC3’ passenger seats on the Boeing Model 787 se ries airplanes will not adversely affect aviation safety. The small c oncentrations of this edge-capping material, figure 3, compared to the to tal surface area of materials used in the interior, have no appreciable effect on the overall fire safety of the passenger cabin. In addition, the edge -capping material itself meets the requirements of 14 CFR 25.853(a) and a ll materials adjacent to the edgecapping will meet the requirements of 14 CFR 25.853(a) and either 14 CFR 25.853(d) or the reference (f) special conditions, where appropriate, reducing the possibility of flash-over should the seat partition wall be involved in a

fire.



### G. Request for Reduced Public Comment Period

Due to the fact that energy absorbin g material has been accepted by the

FAA for delethalization and has been in use for at least two decades for that usage, the Boeing Company requests that the FAA find good cause under

14 CFR 11.87 and waive the need for th e public process de scribed in 14Enclosure to RA-13-00963 Page 4 of 8

CFR 11.85. In addition, given the FAA has granted a similar exemption, FAA 2010-0597 (reference (e)), for si milar seats installed on another Boeing model, Boeing formally requests waiver from public comment.



### H. Privileges of this Exemption Outside the United States

The Boeing Company requests that this exemption, if granted, be capable of being exercised outside the United Stat es. As previously mentioned, this petition will be utilized on Bo eing model 787-9 VAA and ANZ series, reference cabin layouts defined by Figures 1, 2(a) and 2(b), to be registered for service under the auspices of EASA and the Civil Aviation Authority of

New Zealand.



### I. Conclusion

The concentrations of this edge-ca pping material compared to the total

surface area of materials us ed in the interior (edge-capping is 0.01% of total interior surface area) have no appreciable effect on th e overall fire safety of the passenger cabin. In addition, the e dge-capping material itself meets the requirements of 14 CFR 25.853(a) and a ll materials adjacent to the edgecapping will meet the requirements of 14 CFR 25.853(a) and either 14 CFR 25.853(d) or the reference (f) specia l conditions, where appropriate, reducing the possibility of flash-ove r should the seat partition wall be

involved in a fire. The use of Enso lite edge-capping utilized on panels associated with side-facing seats goes b ack 7 years in production at Boeing, and Boeing has knowledge of previous si milar use in airp lane modification programs. The Ensolite padding in que stion, while not co mplying with the requirements of 14 CFR 25.853(d), has been added to address the reference (a) special conditions an d delethalization (per 14 CFR 25.785 and AC 25- 17A). The padding has been present as a means of mitigating personal injury and meeting the intent of 14 CFR 25.785 on airplanes since 1978 as evidenced by the reference (h) Boeing letter and subseque nt incorporation in AC 25-17 (released in 1991).

Boeing believes that the appropriate me thod to address the fire properties of energy absorbing foam, as described above, is a compliance finding limited to the self-extinguishing require ments of 14 CFR 25.853(a). Boeing requests grant of the exemption as it will add to the survivability of a post crash due to its ability to mitigate pers onal injury in a crash event and aid in an occupant’s ability to safely evacuate the aircraft.



### J. Summary of Petition to Publish in the Federal Register

Petitioner : The Boeing Company

Affected Regulations: 14 CFR 25.853(d) and Special Condition 25-370-

SC

Description of Relief being Sought : To allow the use of Ensolite as an energy absorbing material on side-fac ing, business class passenger seats
with inflatable restraints on the Boeing Model 787 series.



### K. References

(a) Special Conditions No. 25-458-SC: Boeing Model 787 Series

Airplanes; Single-place Side-facing Seats With Inflatable LapbeltsEnclosure to RA-13-00963 Page 5 of 8

Part I of appendix F to part 25 specifies the flammability requirements for interior materials and components. Th ere is no reference to inflatable restraint systems in appendix F, becaus e 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 stat e-of-the-art materials available to perform a given function. In the absence of a specific reference, the default requirement would be for the t ype of material us ed to construct the inflatable restraint, which is a fabr ic in this case. However, in writing special conditions, 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 i gnition 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, thereby effectively eliminating use of inflatable

restraints. The FAA will need to esta blish a balance between the safety benefit of the inflatable restraint and its flammability performance. At this time, the 2.5-inch per minut e horizontal test is cons idered 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.

(b) Special Conditions No. 25-295- SC: Boeing Model 777 Series

Airplanes; Side-Facing Single-Occupa nt Seats Equipped with Inflatable Lap belts

(c) Transport Airplane Cabin Interiors Crashworthiness Handbook AC25-

17A Para 81(b)(5)

“...Surfaces within the 35-inch arc may be padded with energy absorbing material, such as one-inch of eith er Ensolite (Type AH, AHC, IV3, HHC or HH), Klegecell or Airex 4070. ”

(d) Special Conditions No. 25-187A-S C: Boeing Model 777 Series

Airplanes; Seats With Inflatable Lap belts

(e) Exemption 10156 granted, Docket FAA-2010-0597, “Exemption from §25.853 (d) of Title 14, Code of Federa l Regulations and Condition 1 of Special Condition 25-367-SC”

(f) Conditions 1, 2, and 4, of Special Conditions No. 25-370-SC, Boeing

Model 787 Series Airplanes; Seats W ith Non-Traditional, Large, NonMetallic Panels

(1) Except as provided in paragraph 3 of these special conditions, compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat release and smoke emission, is requir ed 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.Enclosure to RA-13-00963 Page 6 of 8 (2) The applicant may designate up to and including 1.5 square feet of non-traditional, non-metallic panel ma terial per seat place that does not have to comply with special conditi on Number 1, above. A triple seat assembly may have a total of 4.5 s quare 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) Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in th ese special conditions. Previously

certificated interiors on the exis ting airplane fleet and follow-on deliveries of airplanes with previously certifi cated interiors are not

affected.

(g) Boeing Letter RA-13-00288, “Petitio n for Exemption from Title 14

Code of Federal Regulations §25.85 3 (d) and Special Condition 25-370- SC”, dated January 29, 2013

(h) Boeing letter, B-7673-RA-11825: Deleth alization of Pa rtitions and

other Vertical Surfaces, dated November 28, 1978.



### Figures

F o r wa r dEnclosure to RA-13-00963 Page 7 of 8 

### Figure 1 – ANZ Cabin Layout (Reference)Enclosure to RA-13-00963 Page 8 of 8

Figure 3 – Top View of Out Board Seat Displaying Ensolite Padding Ensolite Padding (continuous along top edge

of p artition )