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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 Deputy 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: 

Regulation Amendment Requirement 

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 this 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, including exposed surfaces 

of stowed carts and standard containers and the 

cavity walls that are exposed when a full 

complement of such carts 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. 
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C. The Extent of Relief Being Sought

Regulation Requirement Why relief is necessary

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 that 

incorporate 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 these 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 relief 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 exemption 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) ‘USC3’ model side-facing business class 

passenger seats with inflatable restraints. 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, with an entry into 

service of second quarter of 2014. Previous to the ANZ 787-9 seat 

installation, the seat was certified by the 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 the 
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FAA to the reference (a) and (f) special conditions, the petition for 

exemption having been submitted 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 threshold 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 activate to cushion forward impact. However, contact 

with the inflated airbag produces a rebound resulting in seated occupants 

contacting the vertical portion of the partition wall aft of the passenger. 

Although most of the energy is mitigated by the initial reaction with the 

airbag, the remaining movement of the occupant must be addressed. 

During turbulence, passengers may contact the partition wall edges either 

while seated, or in the event of a fall while navigating through the cabin. To 

protect passengers from injuries resulting from contact with seat partition 

wall edges, the business class seats incorporate padding on these wall 

edges. The padding consists of Ensolite, energy absorbing foam 

recommended in AC25-17A for this express 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 CFR 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 configuration of Zodiac (UK) ‘USC3’ 

passenger seats on the Boeing Model 787 series airplanes will not adversely 

affect aviation safety. The small concentrations of this edge-capping 

material, figure 3, compared to the total 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 all 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 absorbing 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 the public process described in 14 
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CFR 11.85. In addition, given the FAA has granted a similar exemption, 

FAA 2010-0597 (reference (e)), for similar 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 States. As previously mentioned, this 

petition will be utilized on Boeing 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-capping material compared to the total 

surface area of materials used in the interior (edge-capping is 0.01% of total 

interior surface area) 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 all 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. The use of Ensolite edge-capping utilized on panels 

associated with side-facing seats goes back 7 years in production at Boeing, 

and Boeing has knowledge of previous similar use in airplane modification 

programs. The Ensolite padding in question, while not complying with the 

requirements of 14 CFR 25.853(d), has been added to address the reference 

(a) special conditions and 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 subsequent incorporation 

in AC 25-17 (released in 1991). 

Boeing believes that the appropriate method to address the fire properties of 

energy absorbing foam, as described above, is a compliance finding limited 

to the self-extinguishing requirements 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 personal 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-facing, 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 Lapbelts 
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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 materials available to 

perform a given function. In the absence of a specific reference, the 

default requirement would be for the type of material used to construct 

the inflatable restraint, which is a fabric 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 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, thereby effectively eliminating use of inflatable 

restraints. The FAA will need to establish a balance between the safety 

benefit of the inflatable restraint and its flammability performance. At this 

time, 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. 

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

Airplanes; Side-Facing Single-Occupant 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 either Ensolite (Type AH, AHC, IV3, HHC 

or HH), Klegecell or Airex 4070. ” 

(d) Special Conditions No. 25-187A-SC: 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 Federal 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 With 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 required for seats that incorporate nontraditional, large, non-metallic panels that may either be a single 

component or multiple components in a concentrated area in their design.
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(2) The applicant may designate up to and including 1.5 square feet of 

non-traditional, non-metallic panel material per seat place that does not 

have to comply with special condition Number 1, above. A triple seat 

assembly may have a total of 4.5 square feet excluded on any portion of 

the assembly (e.g., outboard seat place 1 square foot, middle 1 square 

foot, and inboard 2.5 square feet).

(4) Only airplanes associated with new seat certification programs 

approved after the effective date of these special conditions will be 

affected by the requirements in these special conditions. Previously 

certificated interiors on the existing airplane fleet and follow-on 

deliveries of airplanes with previously certificated interiors are not 

affected. 

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

Code of Federal Regulations §25.853 (d) and Special Condition 25-370-

SC”, dated January 29, 2013 

(h) Boeing letter, B-7673-RA-11825: Delethalization of Partitions and 

other Vertical Surfaces, dated November 28, 1978. 

Figures

Forward
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Figure 1 – ANZ Cabin Layout (Reference) 
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Figure 3 – Top View of Out Board Seat Displaying Ensolite Padding 

Ensolite Padding 

(continuous along top edge 

of partition)