~O.EING 

JAN 2\~9 l013 

RA-13-00288 

John A. Hamilton 

Lead Administrator 

Regulatory Administration 

Commercial Airplanes 

The Boeing Company 

P.O. Box 3707 MC 03-56 

Seattle, WA 98124-2207 . 

U.S. Department of Transportation 

Docket Operations, M.:.3o 

1200 New Jersey Avenue, S.E. 

Room W12'-140, West Bldg. Ground Floor 

Washington, DC 20590-0001 

Subject: 

Model: 

Reference(s): 

Petition for Exemption: 

J> 

Petition for Exemption from Title 14 Code of·::_ 

Federal Regulations Section 25.853( d) and 

Special Condition No. 25-370-SC 

787-9 

(a) Boeing letter RA-12-03855, "Certification 

Initiation Package and Early Certification 

Activity for the 787-9 First of Model 

Interior, Master Certification Plan No. 

11328," October 26, 2012 

(b) Exemption No .. 10156, Regulatory Docket 

No. FAA-2010-0597, "Exemption from 

§25.853(d) of Title 14, Code of Federal 

Regulations and Condition 1 of Special 

Condition 25-367-SC," October 25, 2010 

The Air New Zealand (ANZ) Model 787-9 series proJect, reference (a), includes 

the installation and certification of the Zodiak (UK) 'USC3' model side-facing 

business class passenger seats with inflatable restraints. The 'USC3' seat will be 

the first such installation on the Boeing Model 787-9 though the same .seat model· 

has been previously certified on the Boeing Model 777-300ER using the 

reference (b) exemption. The target 787-9 airplane with 'USC3' seats is 

scheduled to enter into service in April2014. 

The Boeing Company respectfully submits this petition for exemption from Title 

14 Code ofFederal Regulations Section 25.853(d) atAmendment25-116 and 

special condition 25-370-SC for the 787-9. The enclosure to this letter provides 

the details of the petition in accordance with 14 CFR Section 11.81. 
rzi-!'DEING 

Page2 

Mr. Xidias 

RA-13-00288 

Please contact this office or the following individuals if you have further 

questions: 

Project Administrator (PA): 

Prospective Project Admirnstrator (PPA): 

Program Manager 787 Development 

Sincerely, 

#~ [ //~,..,. /o 

Douglas M. Lane 

ODA Deputy Lead Administrator 

(425) 237-1383, MC 03-52 

FAX: ( 425) 294-9340 

Gary E. Nagai 

Kenneth H. Cho 

Robert E. Huff 

(425) 266-2189 

(425) 210-5765 

(425) 717-3735 

Enclosures: Data in Support of Boeing's Petition for a Partial Exemption 

from Title 14 Code of Federal Regulations Section 25.853(d) 

and Special Condition No. 25-370-SC 

cc 

Name 

Ken Schroer 

Doug Tsuji 

Letter 

Paper/SP 

SP 

Enclosures 

SP 

SP 

Comments 

ANM-106B 

ANM-106B 
Enclosure to RA-13-00288 

Page 1 of7 

Data in Support of Boeing's Petition for a Partial 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 

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) section 11.61(b), 

per §11.81, Boeing hereby petitions for exemption from the following 14 CFR 

part 25 regulation and special condition for the Air New Zealand (ANZ) 787-9 

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: 

(I) 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. 
Enclosure to RA-13-00288 

Page 2 of7 

C. The Extent of Relief Being Sought 

Regulation Requirement Why relief is necessary 

25.853(d) Title 14 CFR part Boeing petitions for exemption from 

at Arndt 25, Appendix F, the requirements of Title 14 Code of 

25-116 parts IV and V, heat Federal Regulations (CFR) section 

release and smoke 25.853 (d) at Arndt. 25-116, and the 

~mission, is required reference (f) special condition to the 

for seats that extent that these apply to the 

incorporate non- application of energy absorbing 

traditional, large, materials required by 14 CFR 25.785 

nonmetallic and references (a) and (c). Energy 

panels that may absorbing foams such as those listed 

either be a in reference (c) for the purpose of 

single component or meeting 14 CFR 25.785(b),(d)(2),(k), 

multiple are not capable of meeting the 

components in a flammability requirements of 14 CFR 

concentrated area in 25.853 (d) and special condition in 

their design. reference (f). 

25-370-SC Descrigtion 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 787-9 

ANZ series airplanes. 

If granted Boeing would apply this exemption to the 787-9 ANZ 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 Air New Zealand (ANZ) Model 787-9 series airplane program includes the 

installation and certification of the Zodiac (UK) 'USC3' model side-facing 

business class passenger seats with inflatable restraints. Although this will be 

the first installation of the seat model on a Boeing Model 787-9 airplane, the 

same seat model has been previously installed and certified by the FAA to the 

reference (b) and (d) special conditions on Boeing Model 777-300ER with 

granted exemption 10156, reference (e). 

The ANZ 787-9 business class seats (Figures 1 and 2) 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. 
Enclosure to RA-13-00288 

Page 3 of7 

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 ofthe 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 AC25-17 A for this 

express purpose, encapsulated within a leather cover. 

The first ANZ 787-9 airplane with the USC3 seats, ANZ ZB003, is scheduled to 

enter into service in April2014. 

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 

with14 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 passenger seats on the Boeing 

Model 787-9 ANZ series airplane will not adversely affect aviation safety. The 

small concentrations of this edge-capping material, figure 2, 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 edge-capping 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 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 that the FAA waive the requirement for publication and 

comment. 
Enclosure to RA-13-00288 

Page 4 of7 

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. Initially, as previously mentioned, this 

petition will be utilized on a Boeing model 787-9 ANZ series to be registered for 

service under the auspices of the New Zealand Civil Aviation Authority. 

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 ofthe 

passenger cabin. In addition, the edge-capping material itself meets the 

requirements of 14 CPR 25.853(a) and all materials adjacent to the edgecapping will meet the requirements of 14 CPR 25.853(a) and either 14 CPR 

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 CPR 25.853(d), has 

been added to address the reference (a) special conditions and delethalization 

(per 14 CPR 25.785 and AC 25-17A). The padding has been present as a means 

of mitigating personal injury and me~ting the intent of 14 CPR 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 absorbingfoam, as described above, is a compliance finding limited to 

the self-extinguishing requirements of 14 CPR 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 CPR 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 787-9. 
K. References 

Enclosure to RA-13-00288 

Page 5 of7 

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

Single-place Side-facing Seats With Inflatable Lapbelts 

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 of 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; SideFacing Single-Occupant Seats Equipped with Inflatable Lap belts 

(c) Transport Airplane Cabin Interiors Crashworthiness Handbook AC25-17 A, 

Section 25.785 Seats, Berths, Safety Belts, and Harnesses, 81(b)(5) Paragraph 

(c)(2), provides: 

" ... 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, Non-Metallic 

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 non- traditional, large, 

non-metallic panels that may either be a single component or multiple 

components in a concentrated area in their design. 
Enclosure to RA-13-00288 

Page 6 of7 

(2) The applicant may designate up to and including 1.5 square feet of nontraditional, 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) Special Conditions No. 25-367-SC, Boeing Model 777 Series Airplanes; Seats 

With Non-Traditional, Large, Non-Metallic Panels 

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

Vertical Surfaces, dated November 28, 1978. 
Figures 

Ensolite Padding 

(continuous along top 

edge of screen) 

Enclosure to RA-13-00288 

Page 7 of7 

Figure 1 .:.... Business Class Cabin Layout 

Figure 2- T_op View of Out Board Seat Displaying Ensolite Padding