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[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Proposed Rules]
[Pages 51944-51946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21100]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0699; Notice No. 25-12-02-SC]

Special Conditions: Airbus, Model A318-112 Airplane (S/N 3238); 
Certification of Cooktops

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Airbus Model 
A318-112 airplane. This airplane as modified by Fokker Services B.V. 
will have a novel or unusual design feature associated with a cooktop 
installation. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
proposed 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: Send your comments on or before October 12, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0699 
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 or 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://www.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: Dan Jacquet, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone 425-227-2676; facsimile 425-227-1100; email 
daniel.jacquet@faa.gov.

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 special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On January 12, 2010, Fokker Services B.V. applied for a 
supplemental type certificate for an interior conversion on an Airbus 
Model A318-112 airplane, serial number 3238. The Airbus Model A318-112 
airplane is a large, transport-category airplane powered by two CFM56-
5B9/P engines, with a basic maximum takeoff weight of 130,071 pounds.
    Fokker Services B.V. is requesting certification to convert this 
Airbus Model A318-112 to a corporate jet, operating for both public and 
private use (not for hire, not for common carriage). For private use 
the aircraft will be certified for a maximum of 8 crew and 23 
passengers, and the public use occupancy will be a maximum of 8 crew 
and 19 passengers. The aircraft will be subdivided into an entrance 
way, executive lounge, two private lounges, and a private bathroom. The 
entry will include the installation of two wet galleys. One of the 
galleys will include the installation of two combined cooktop pan 
units. The addition of a cooktop to this interior conversion can lead 
to hazards to both occupants and the aircraft. Special consideration is 
needed to address the safety standards associated with this 
installation.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101 Fokker Services B.V. must show that the Airbus Model A318-
112 airplane, as changed, continues to meet the applicable provisions 
of the regulations incorporated by reference in Type Certificate No. 
A28NM 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 
A28NM are 14 CFR part 25, as amended by Amendments 25-1 through 25-56, 
with reversions to earlier amendments, voluntary compliance to later 
amendments, special conditions, equivalent safety findings, and 
exemptions listed in the type certificate data sheet.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Airbus Model A318-112 airplane 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate 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

[[Page 51945]]

also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Airbus Model A318-112 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 Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Airbus Model A318-112 airplane, serial number 3238, will 
incorporate the following novel or unusual design feature: Cooktops in 
the passenger cabin. Cooktops introduce high heat, smoke, and the 
possibility of fire into the passenger cabin environment. The current 
airworthiness standards of part 25 do not contain adequate or 
appropriate safety standards to protect the airplane and its occupants 
from these potential hazards. The applicant's proposed system is 
considered to be a novel or unusual design feature.

Discussion

    Currently, ovens are the prevailing means of heating food on 
airplanes. Ovens are characterized by an enclosure that contains both 
the heat source and the food being heated. The hazards presented by 
ovens are thus inherently limited and are well understood through years 
of service experience. Cooktops, on the other hand, are characterized 
by exposed heat sources and the presence of relatively unrestrained hot 
cookware and heated food. These may represent unprecedented hazards to 
both occupants and the airplane.
    Cooktops could have serious passenger and aircraft safety 
implications if appropriate requirements are not established for their 
installation and use. The requirements identified in these proposed 
special conditions are in addition to those considerations identified 
in Advisory Circular (AC) 20-168, Certification Guidance for 
Installation of Non-Essential, Non-Required Aircraft Cabin Systems and 
Equipment (CS&E), and those in AC 25-17A, Transport Airplane Cabin 
Interiors Crashworthiness Handbook. The intent of these proposed 
special conditions is to provide a level of safety that is consistent 
with that on similar aircraft without cooktops.
    In similar cooktop installations, the FAA has required a deployable 
cover and a means to automatically shut off the power when the cover 
was in use. In lieu of these requirements, the cooktop installation in 
this Airbus A318-112 will have a lid and a timer that is not covered by 
the lid. The timer switches the heating elements on and off, has a 
maximum time of 20 minutes, and is still accessible when the lid is 
closed. The cabin crew will be instructed on its use. In addition to 
the lid and timer, the applicant will supply a fire blanket that is 
1,100 by 1,100 mm (catalogue no. SAP-967-T). The fire blanket meets the 
requirements of British Standard BS 6575:1965. These specifications 
contain the requirements for flexibility, heat, electrical resistance, 
and fire extinguishing including cooking oil fires for light duty and 
heavy duty (industrial) applications.
    For this cooktop installation, the FAA requires evidence that with 
the cooktop lid closed, the temperature set on ``high,'' and the timer 
at maximum, the cooktop will maintain safe operation and will not 
create a hazardous condition even with cooking oil in the cooktop.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus Model A318-112. Should Fokker Services B.V. apply at a later 
date for a supplemental type certificate to modify any other model 
included on Type Certificate No. A28NM to incorporate 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 airplane. 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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Airbus Model A318-112 airplane, serial number 3238, modified by 
Fokker Services B.V.
    Cooktop installations with electrically powered burners must comply 
with the following criteria:
    1. Means, such as conspicuous burner-on indicators, physical 
barriers, or handholds, must be installed to minimize the potential for 
inadvertent personnel contact with hot surfaces of both the cooktop and 
cookware. Conditions of turbulence must be considered.
    2. Sufficient design means must be included to restrain cookware 
while in place on the cooktop, as well as representative contents, 
e.g., soup, sauces, etc., from the effects of flight loads and 
turbulence. Restraints must be provided to preclude hazardous movement 
of cookware and contents. These restraints must accommodate any 
cookware that is identified for use with the cooktop. Restraints must 
be designed to be easily utilized and effective in service. The 
cookware restraint system should also be designed so that it will not 
be easily disabled, thus rendering it unusable. Placarding must be 
installed which prohibits the use of cookware that cannot be 
accommodated by the restraint system.
    3. Placarding must be installed that prohibits the use of cooktops 
(i.e., power on any burner) during taxi, takeoff, and landing.
    4. Means must be provided to address the possibility of a fire 
occurring on or in the immediate vicinity of the cooktop. Two 
acceptable means of complying with this requirement are as follows:
    a. Placarding must be installed that prohibits any burner from 
being powered when the cooktop is unattended, which would prohibit a 
single person from cooking on the cooktop and intermittently serving 
food to passengers while any burner is powered; a fire detector must be 
installed in the vicinity of the cooktop that provides an audible 
warning in the passenger cabin; and a fire extinguisher of appropriate 
size and extinguishing agent must be installed in the immediate 
vicinity of the cooktop. Access to the extinguisher must not be blocked 
by a fire on or around the cooktop. One of the fire extinguishers 
required by Sec.  25.851 may be used to satisfy this requirement. If 
this is not possible, then the extinguisher in the galley area would be 
additional; or,
    b. An automatic, thermally activated, fire-suppression system must 
be installed to extinguish a fire at the cooktop and immediately 
adjacent surfaces. The agent used in the system must be an approved, 
total-flooding agent suitable for use in an occupied area. The fire-
suppression system must have a manual override. The automatic 
activation of the fire-suppression system must also automatically shut 
off power to the cooktop.

[[Page 51946]]

    5. The surfaces of the galley surrounding the cooktop, which would 
be exposed to a fire on the cooktop surface or in cookware on the 
cooktop, must be constructed of materials that comply with the 
flammability requirements of 14 CFR part 25, appendix F, part III. This 
requirement is in addition to the flammability requirements typically 
required of the materials in these galley surfaces. During the 
selection of these materials, consideration must also be given to 
ensure that the flammability characteristics of the materials will not 
be adversely affected by the use of cleaning agents and utensils used 
to remove cooking stains.
    6. The cooktop ventilation system ducting must be protected by a 
flame arrestor. In addition, procedures and time intervals must be 
established and included in the instructions for continued 
airworthiness to inspect and clean or replace the ventilation system to 
prevent a fire hazard from the accumulation of flammable oils. [Note: 
The applicant may find additional useful information in the Society of 
Automotive Engineers, Aerospace Recommended Practice 85, Rev. E, 
entitled, ``Air Conditioning Systems for Subsonic Airplanes,'' dated 
August 1, 1991.]
    7. Means must be provided to contain spilled foods or fluids in a 
manner that prevents the creation of a slipping hazard to occupants, 
and that will not lead to the loss of structural strength due to 
corrosion.
    8. Cooktop installations must provide adequate space for the user 
to immediately escape a hazardous cooktop condition.
    9. A means to shut off power to the cooktop must be provided at the 
galley containing the cooktop and in the cockpit. If additional 
switches are introduced in the cockpit, revisions to smoke or fire 
emergency procedures of the airplane flight manual (AFM) will be 
required.
    10. Cooktop installations must incorporate a timer that will switch 
the heating elements off after a maximum time of 20 minutes.
    11. Instructions for the cabin crew to ensure safe operation of the 
cooktop lid and timer must be provided.
    12. Evidence must be provided that with the cooktop lid closed, the 
temperature set on ``high,'' and the timer at maximum, the cooktop will 
maintain safe operation and will not create a hazardous condition even 
with cooking oil in the cooktop.

    Issued in Renton, Washington, on August 22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-21100 Filed 8-27-12; 8:45 am]
BILLING CODE 4910-13-P
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