# ~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 ofTransportation Docket Operations, M.:.3o 1200 New JerseyAvenue, 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 ofModel Interior, Master Certification PlanNo. 11328," October 26, 2012 (b) ExemptionNo

.. 10156, Regulatory Docket No. FAA-2010-0597, "Exemption from §25.853(d) ofTitle 14, Code ofFederal Regulations and Condition 1 ofSpecial Condition 25-367-SC," October 25, 2010

The AirNewZealand (ANZ) Model 787-9 series proJect, reference (a), includes the installation and certification ofthe Zodiak (UK) 'USC3' model side-facing business class passenger seats with inflatable restraints. The 'USC3' seat will be the first such installation onthe Boeing Model 787-9 though the same.seat model· has beenpreviously certified onthe Boeing Model 777-300ERusing the reference (b) exemption. The target 787-9 airplane with 'USC3' seats is scheduledto enter into service in April2014.

The Boeing Companyrespectfully 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 letterprovides the details ofthe petition in accordance with 14 CFR Section 11.81.

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Page2 Mr. Xidias RA-13-00288

Please contact this office orthe following individuals ifyou have further questions: Project Administrator (PA): Prospective ProjectAdmirnstrator (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 ofBoeing's Petition for a PartialExemption from Title 14 Code ofFederal 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-106BEnclosure to RA-13-00288 Page 1 of7



### Data in Support ofBoeing's Petition for a Partial Exemption from Title 14 Code ofFederal Regulations Section 25.853(d) and Special Condition No. 25-370-SC



### A. Name andAddress 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 FederalRegulations (CFRs) that are Affected
As provided for in Title 14 Code ofFederal 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 asprovided inparagraph (e) of this section, thefollowing interior components of airplanes withpassenger capacities of 20 or more mustalso meet the test requirements of partsIV and Vof appendix F of thispart, or other approvedequivalent method, in addition to the flammability requirementsprescribed in paragraph (a) of this section: (I) Interior ceilingandwallpanels, other than lighting lenses andwindows; (2) Partitions, other than transparentpanels neededto enhance cabin safety; (3) Galley structure, including exposedsurfaces of stowedcarts andstandardcontainers andthe cavity walls that are exposedwhen a full complement of such carts or containers is not carried; and (4) Large cabinets andcabin stowage compartments, other than underseat stowage compartments for stowingsmall items such as magazines andmaps.

25-370-SC Title 14 CFRpart25, AppendixF, partsIVand 

### V, heatrelease andsmoke emission, is required for seats that incorporate non-traditional, large, nonmetallic panels that may eitherbe a single component or multiple components in a concentratedarea in their design.Enclosure to RA-13-00288 Page 2 of7



### C. 

### TheExtentof Relief BeingSought Regulation Requirement Why reliefis necessary 25.853(d) Title 14 CFRpart Boeing petitions for exemption from

at Arndt 25, Appendix F, the requirements ofTitle 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 ofenergy absorbing traditional, large, materials required by 14 CFR25.785 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 CFR25.785(b),(d)(2),(k), multiple are not capable ofmeeting 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 ofreliefsought: 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.

Ifgranted Boeing would apply this exemptionto the 787-9 ANZ aircraft configured with business class seats meeting the technical andprocedural conditions set forth in paragraph D ofthis document.



### D. Description of theIssue
The AirNew Zealand (ANZ) Model 787-9 series airplane program includes the installation and certification ofthe Zodiac (UK) 'USC3' model side-facing business class passenger seats with inflatable restraints. Although this will be the first installation ofthe seat model on a Boeing Model 787-9 airplane, the
same seat model has beenpreviously installed and certified bythe FAAto the reference (b) and (d) special conditions onBoeing Model 777-300ERwith granted exemption 10156, reference (e).

The ANZ 787-9 business class seats (Figures 1 and 2)includepartitions, forward and aft ofeach passenger seat place. The top edge ofthese partition walls may be struck during an emergency landing orturbulence.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 ofthe partition wall in front ofthem. For loads of6.5g 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 ofthe passenger. Although most ofthe energy is mitigated by the initial reaction withthe airbag, the remaining movement ofthe occupant mustbe addressed. During turbulence, passengers may contactthe partition wall edges either while seated, orin the event of

# afall while navigating through the cabin. To protect passengers from injuries resulting from contact with seat partition wall edges, the business class seats incorporate padding onthese wall edges. The padding consists ofEnsolite, energy absorbing foam recommended in AC25-17A for this express purpose, encapsulated within a leather cover.
The first ANZ 787-9 airplane withthe USC3 seats, ANZ ZB003, is scheduled to enter into service in April2014.


### E. Statementof PublicInterest Granting ofthis petition is inthe public interest because it provides for the installation ofan injury-preventing device that will be useful during all phases offlight, 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 ofa 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. Statementof noAdverseEffect on Safety Granting ofthis petitionfor the configuration ofpassenger seats onthe Boeing Model 787-9 ANZ series airplane will not adversely affect aviation safety. The small concentrations ofthis edge-capping material, figure 2, compared to the total surface area ofmaterials used in the interior, have no appreciable effect on the overall fire safety ofthe passenger cabin. In addition, the edge-capping material itselfmeets 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) orthe reference (f) special conditions, where appropriate, reducing the possibility offlash-over should the seatpartition wall be involved in a fire.


### G. Request forReducedPublic CommentPeriod
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 thatthe FAA waive the requirement for publication and comment.Enclosure to RA-13-00288 Page 4 of7 

### H. Privileges of this Exemption outside the UnitedStates
The Boeing Company requests that this exemption, ifgranted, 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 ofthe New Zealand Civil Aviation Authority.



### I. Conclusion
The concentrations ofthis edge-capping material compared to the total surface
area ofmaterials used inthe interior (edge-capping is 0.01% oftotal interior surface area) have no appreciable effect onthe overall fire safety ofthe passenger cabin. In addition, the edge-capping material itselfmeets the requirements of 14 CPR25.853(a) and all materials adjacent to the edgecapping will meetthe 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 offlash-over shouldthe seat partition wall be involved in a fire. The use ofEnsolite edge-capping utilized onpanels associated with side-facing seats goes back 7 years inproduction at Boeing, and Boeing has knowledge of previous similar use in airplane modificationprograms. 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 CPR25.785 and AC 25-17A). The padding has been present as a means ofmitigating 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 CPR25.853(a). Boeing requests grant ofthe exemption as it will add to the survivability ofa 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 FederalRegister

Petitioner: The Boeing Company
Affected Regulations: 14 CPR 25.853(d) and special condition 25-370-SC Description ofReliefBeing Sought: To allow the use ofEnsolite as an energy absorbing material on side-facing, business-class passenger seats with inflatable restraints onthe Boeing Model 787-9.

### K. References Enclosure to RA-13-00288 Page 5 of7

(a) Special Conditions No. 25-458-SC: BoeingModel 787 Series Airplanes; Single-place Side-facing Seats With Inflatable Lapbelts

Part I ofappendix 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 atthe time the flammability requirements were written. The existing requirements are based
onboth material types, as well as use, and have been specified in light ofthe state-of-the-art ofmaterials available to perform a given function. In the absence ofa specific reference, the defaultrequirement would be for the type ofmaterial used to construct the inflatable restraint, which is a fabric in this
case. However, inwriting special conditions, the FAAmust also considerthe
use ofthe material, and whetherthe default requirement is appropriate. In this case, the specialized function ofthe 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 ofthe inflatable restraint is very significant, the flammability standard appropriate for these devices should not screen out suitable materials, thereby effectively eliminating use ofinflatable restraints. The FAA will need to establish a balance betweenthe safety benefit ofthe 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 FAAmay 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 CabinInteriors Crashworthiness Handbook AC25-17A, Section 25.785 Seats, Berths, Safety Belts, and Harnesses, 81(b)(5) Paragraph (c)(2), provides:

"

...Surfaces within the 35-inch arc may bepaddedwith energy absorbing · material, such as one-inch of either Ensolite (Type AH, AHC, IV3, HHC or HH), Klegecell orAirex 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) ofTitle 14, code ofFederal Regulations and condition 1 of Special Condition 25-367-SC"
(f) Conditions 1, 2, and 4, ofSpecial Conditions No. 25-370-SC, Boeing Model 787 Series Airplanes; Seats WithNon-Traditional, Large, Non-Metallic Panels
(1) Except as provided inparagraph 3 ofthese special conditions, compliance with Title 14 CFRpart 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 ofnontraditional, 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 of4.5 square feet excluded on any portion ofthe assembly (e.g., outboard seatplace 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 ofthese special conditions will be affected by the requirements in these special conditions. Previously certificated interiors on the existing airplane fleet and follow-on deliveries ofairplanes 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 ofPartitions and other Vertical Surfaces, dated November 28, 1978.

### Figures

Ensolite Padding (continuous along top edge ofscreen) Enclosure to RA-13-00288 Page 7 of7



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

Figure 

### 2- T_op View ofOutBoard SeatDisplaying Ensolite Padding