Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17325 

increase steadily, but not necessarily in 

constant proportion, as the angle of 

sideslip is increased up to the maximum 

appropriate to the type of airplane. The 

aileron control movements and forces 

may increase steadily, but not 

necessarily in constant proportion, as 

the angle of sideslip is increased up to 

the maximum appropriate to the type of 

airplane. At larger slip angles, up to the 

angle at which the full rudder or aileron 

control is used or a control force limit 

contained in section 23.143 is reached, 

the aileron and rudder control 

movements and forces must not reverse 

as the angle of sideslip is increased. 

Rapid entry into, and recovery from, a 

maximum sideslip considered 

appropriate for the airplane must not 

result in uncontrollable flight 

characteristics. 

Issued in Kansas City, Missouri, on March 

1, 2012. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–6837 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0325; Notice No. 25– 

459–SC] 

Special Conditions: Airbus, A350–900 

Series Airplane; Passenger Seats With 

Non-Traditional, Large, Non-Metallic 

Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions, request 

for comments. 

SUMMARY: These special conditions are 

issued for the Airbus A350–900 series 

airplane. These airplanes will have a 

novel or unusual design feature(s) 

associated with seats that include nontraditional, large, non-metallic panels 

that would affect survivability during a 

post-crash fire event. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These 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: The effective date of these 

special conditions is March 14, 2012. 

We must receive your comments by May 

10, 2012. 

ADDRESSES: Send comments identified 

by docket number [FAA–2012–0325] 

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 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://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: Jeff 

Gardlin, FAA, Airframe/Cabin Safety, 

ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington, 98057–3356; 

telephone (425) 227–2136; facsimile 

(425) 227–1320. 

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 by 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 August 25, 2008, Airbus applied 

for a type certificate for their new A350– 

900 series airplane. Later, Airbus 

requested and the FAA approved an 

extension to the application for FAA 

type certification to June 28, 2009. The 

A350–900 series has a conventional 

layout with twin wing-mounted Rolls 

Royce Trent engines. It features a twin 

aisle 9-abreast economy class layout, 

and accommodates side-by-side 

placement of LD–3 containers in the 

cargo compartment. The basic A350– 

900 series configuration accommodates 

315 passengers in a standard two-class 

arrangement. The design cruise speed is 

Mach 0.85 with a Maximum Take-Off 

Weight of 591,000 lbs. Airbus proposes 

the A350–900 series to be certified for 

extended operations (ETOPS) beyond 

180 minutes at entry into service for up 

to a 420-minute maximum diversion 

time. 

The applicable airplane regulations, 

Title 14, Code of Federal Regulations 

(14 CFR) part 25, do not require seats to 

meet the more-stringent flammability 

standards required of large, non-metallic 

panels in the cabin interior. At the time 

the applicable rules were written, seats 

were designed with a metal frame 

covered by fabric, not with large, nonmetallic panels. Seats also met the thenrecently adopted standards for 

flammability of seat cushions. With the 

seat design being mostly fabric and 

metal, the contribution to a fire in the 

cabin had been minimized and was not 

considered a threat. For these reasons, 

seats did not need to be tested to heatrelease and smoke-emission 

requirements. 

Seat designs have now evolved to 

occasionally include non-traditional, 

large, non-metallic panels. Taken in 

total, the surface area of these panels is 

on the same order as the sidewall and 

overhead stowage bin interior panels. 

To provide the level of passenger 

protection intended by the 

airworthiness standards, these nontraditional, large, non-metallic panels in 

the cabin must meet the standards of 

part 25, Appendix F, parts IV and V, 

heat-release and smoke-emission 

requirements. 

Type Certification Basis 

Under Title 14, Code of Federal 

Regulations (14 CFR) 21.17, Airbus must 


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17326 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 

show that the A350–900 series meets 

the applicable provisions of 14 CFR part 

25, as amended by Amendments 25–1 

through 25–128. 

The FAA has determined that Airbus 

A350–900 series airplanes must comply 

with the following sections: § 25.853(a) 

and § 25.853(c), and Amendment 25–61 

and Amendment 25–66. 

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 A350–900 series because of a 

novel or unusual design feature, special 

conditions are prescribed under § 21.16. 

Special conditions are initially 

applicable to the model or series for 

which they are issued. Should the type 

certificate for that model be amended 

later to include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions would also apply to the other 

model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the A350–900 series must 

comply with the fuel vent and exhaust 

emission requirements of 14 CFR part 

34, the noise certification requirements 

of 14 CFR part 36, and the FAA must 

issue a finding of regulatory adequacy 

under § 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38, and 

they become part of the typecertification basis under § 21.17(a)(2). 

Novel or Unusual Design Features 

The A350–900 series will incorporate 

the following novel or unusual design 

features: Passenger seats that 

incorporate non-traditional, large, nonmetallic panels in lieu of the traditional 

metal frame covered by fabric. The 

flammability properties of these panels 

have been shown to significantly affect 

the survivability of occupants of the 

cabin in the case of fire. These seats are 

considered a novel design for transport 

category airplanes that include 

Amendment 25–61 and Amendment 

25–66 in the certification basis, and 

were not considered when those 

airworthiness standards were 

established. 

The existing regulations do not 

provide adequate or appropriate safety 

standards for seat designs that 

incorporate non-traditional, large, nonmetallic panels. In order to provide a 

level of safety that is equivalent to that 

provided by the balance of the cabin, 

additional airworthiness standards, in 

the form of special conditions, are 

necessary. These special conditions 

supplement § 25.853. The requirements 

contained in these special conditions 

consist of applying the identical test 

conditions required of all other large 

panels in the cabin, to seats with nontraditional, large, non-metallic panels. 

Definition of ‘‘Non-Traditional, Large, 

Non-Metallic Panel’’ 

A non-traditional, large, non-metallic 

panel, in this case, is defined as a panel 

with exposed-surface areas greater than 

1.5 square feet installed per seat place. 

The panel may consist of either a single 

component or multiple components in a 

concentrated area. Examples of parts of 

the seat where these non-traditional 

panels are installed include, but are not 

limited to: Seat backs, bottoms and leg/ 

foot rests, kick panels, back shells, 

credenzas and associated furniture. 

Examples of traditional exempted parts 

of the seat include: Arm caps, armrest 

close-outs such as end bays and armreststyled center consoles, food trays, video 

monitors and shrouds. 

Clarification of ‘‘Exposed’’ 

‘‘Exposed’’ includes those panels 

directly exposed to the passenger cabin 

in the traditional sense, plus those 

panels enveloped such as by a dress 

cover. Traditional fabrics or leathers 

currently used on seats are excluded 

from these special conditions. These 

materials must still comply with 

§ 25.853(a) and § 25.853(c) if used as a 

covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional, large, non-metallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Discussion 

In the early 1980s the FAA conducted 

extensive research on the effects of postcrash flammability in the passenger 

cabin. As a result of this research and 

service experience, the FAA adopted 

new standards for interior surfaces 

associated with large surface area parts. 

Specifically, the rules require 

measurement of heat release and smoke 

emission (part 25, Appendix F, parts IV 

and V) for the affected parts. Heat 

release has been shown to have a direct 

correlation with post- crash fire survival 

time. Materials that comply with the 

standards (i.e., Sec. 25.853 entitled 

‘‘Compartment interiors’’ as amended by 

Amendment 25–61 and Amendment 

25–66) extend survival time by 

approximately 2 minutes over materials 

that do not comply. 

At the time these standards were 

written the potential application of the 

requirements of heat release and smoke 

emission to seats was explored. The seat 

frame itself was not a concern because 

it was primarily made of aluminum and 

there were only small amounts of nonmetallic materials. It was determined 

that the overall effect on survivability 

was negligible, whether or not the food 

trays met the heat release and smoke 

requirements. The requirements 

therefore did not address seats. The 

preambles to both the Notice of 

Proposed Rule Making (NPRM), Notice 

No. 85–10 (50 FR 15038, April 16, 1985) 

and the Final Rule at Amendment 25– 

61 (51 FR 26206, July 21, 1986), 

specifically note that seats were 

excluded ‘‘because the recently-adopted 

standards for flammability of seat 

cushions will greatly inhibit 

involvement of the seats.’’ 

Subsequently, the Final Rule at 

Amendment 25–83 (60 FR 6615, March 

6, 1995) clarified the definition of 

minimum panel size: ‘‘It is not possible 

to cite a specific size that will apply in 

all installations; however, as a general 

rule, components with exposed-surface 

areas of one square foot or less may be 

considered small enough that they do 

not have to meet the new standards. 

Components with exposed-surface areas 

greater than two square feet may be 

considered large enough that they do 

have to meet the new standards. Those 

with exposed-surface areas greater than 

one square foot, but less than two square 

feet, must be considered in conjunction 

with the areas of the cabin in which 

they are installed before a determination 

could be made.’’ 

In the late 1990s, the FAA issued 

Policy Memorandum 97–112–39, 

Guidance for Flammability Testing of 

Seat/Console Installations, October 17, 

1997 (http://rgl.faa.gov). That memo 

was issued when it became clear that 

seat designs were evolving to include 

large, non-metallic panels with surface 

areas that would impact survivability 

during a cabin fire event, comparable to 

partitions or galleys. The memo noted 

that large surface area panels must 

comply with heat release and smoke 

emission requirements, even if they 

were attached to a seat. If the FAA had 

not issued such policy, seat designs 

could have been viewed as a loophole 

to the airworthiness standards that 

would result in an unacceptable 

decrease in survivability during a cabin 

fire event. 

In October of 2004, an issue was 

raised regarding the appropriate 

flammability standards for passenger 

seats that incorporated non-traditional, 

large, non-metallic panels in lieu of the 

traditional metal covered by fabric. The 

Seattle Aircraft Certification Office and 

Transport Standards Staff reviewed this 

design and determined that it 

represented the kind and quantity of 


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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations 17327 

material that should be required to pass 

the heat release and smoke emissions 

requirements. We have determined that 

special conditions would be 

promulgated to apply the standards 

defined in 14 CFR 25.853(d) to seats 

with large, non-metallic panels in their 

design. 

Applicability 

As discussed above, these special 

conditions apply to Airbus A350–900 

series airplanes. Should Airbus apply 

later 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 Airbus 

A350–900 series airplanes. It is not a 

rule of general applicability. 

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 Special Conditions 

So, by the authority delegated to me 

by the Administrator, the following 

special conditions are issued as part of 

the type certification basis for Airbus 

A350–900 series airplanes with 

passenger seats that have nontraditional, large, non-metallic panels. 

1. Compliance with 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. 

2. The applicant may designate up to 

and including 1.5 square feet of nontraditional, nonmetallic panel material 

per seat place that does not have to 

comply with No. 1. 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 sq. 

ft., middle 1 sq. ft., and inboard 2.5 sq. 

ft.). 

3. Seats need not meet the test 

requirements of 14 CFR part 25 

Appendix F, parts IV and V when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes exempted from smoke 

and heat release requirements. 

Issued in Renton, Washington, on March 

14, 2012. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–7235 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1087; Directorate 

Identifier 2011–NM–032–AD; Amendment 

39–16967; AD 2012–04–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

Correction 

In rule document 2012–5859 

appearing on pages 14679–14681 in the 

issue of March 13, 2012, make the 

following correction: 

§ 39.13 [Corrected] 

■ On page 14680, in § 39.13, in the third 

column, the table is corrected to read as 

set forth below: 

TABLE 1—LIST OF FWC PART

NUMBERS AFFECTED BY THIS AD 

FWC Part Number 

350E017238484 (H1D1) 

350E016187171 (C5) 

350E017248685 (H1D2) 

350E017251414 (H1E1) 

350E017271616 (H1E2) 

350E018291818 (H1E3CJ) 

350E018301919 (H1E3P) 

350E018312020 (H1E3Q) 

350E053020202 (H2E2) 

350E053020303 (H2E3) 

350E053020404 (H2E4) 

350E053020606 (H2F2) 

350E053020707 (H2F3) 

350E053021010 (H2F3P) 

350E053020808 (H2F4) 

[FR Doc. C1–2012–5859 Filed 3–23–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–0499; Airspace 

Docket No. 11–ACE–10] 

Amendment of Class E Airspace; 

Hastings, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Hastings, NE. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at Hastings Municipal 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rule (IFR) 

operations at the airport. 

DATES: Effective date: 0901 UTC, May 

31, 2012. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On November 28, 2011, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the 

Hastings, NE., area, creating additional 

controlled airspace at Hastings 

Municipal Airport (76 FR 72867) Docket 

No. FAA–2011–0499. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9V 

dated August 9, 2011, and effective 

September 15, 2011, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 

to accommodate new RNAV standard 

instrument approach procedures at 

Hastings Municipal Airport, Hastings, 

NE. This action is necessary for the 

safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 


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