This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65101 

Vol. 76, No. 203 

Thursday, October 20, 2011 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2011–1131; Special 

Conditions No. 23–255–SC] 

Special Conditions: Embraer S.A.; 

Model EMB 500; Single-Place Side 

Facing Seat Dynamic Test 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the installation of a singleplace side facing seat on Embraer S.A. 

EMB 500 aircraft. Side-facing seats are 

considered a novel design, and their 

installation in a part 23 airplane was not 

envisaged and is not adequately 

addressed in 14 CFR part 23. The FAA 

has determined that the existing 

regulations do not provide adequate or 

appropriate safety standards for 

occupants of single-place side-facing 

seats. In order to provide a level of 

safety that is equivalent to that afforded 

to occupants of forward and aft facing 

seating, additional airworthiness 

standards, in the form of special 

conditions, are necessary. 

DATES: The effective date of these 

special conditions is October 12, 2011. 

We must receive your comments by 

November 21, 2011. 

ADDRESSES: Send comments identified 

by docket number [FAA–2011–1131] 

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 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://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: Mr. 

Bob Stegeman, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust, Room 301, Kansas 

City, MO 64106; telephone (816) 329– 

4140; facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the approval design and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

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 ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before 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 December 26, 2009, Embraer S.A. 

applied for a change to Type Certificate 

No. A59CE for installation of a sidefacing belted passenger seat in the 

EMB–500 airplane. The implication of 

the term belted is that the passenger seat 

will be used during takeoff and landing 

and so must comply with the provisions 

of 14 CFR 23.562 and 23.785 (in 

addition to the certification basis as 

established in type certificate A59CE) 

and any additional requirements that 

the FAA determines are applicable. In 

this case, the approval of a side facing 

seat to these provisions is considered 

new and novel and as such will require 

special conditions and specific methods 

of compliance to certificate. 

14 CFR part 23 was amended August 

8, 1988, by Amendment 23–36, to revise 

the emergency landing conditions that 

must be considered in the design of the 

airplane. Amendment 23–36 revised the 

static load conditions in § 23.561, and 

added a new § 23.562 that required 

dynamic testing for all seats approved 

for occupancy during takeoff and 

landing. The intent of Amendment 23– 

36 is to provide an improved level of 

safety for occupants on part 23 

airplanes. Because most seating is 


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65102 Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations 

forward-facing in part 23 airplanes, the 

pass/fail criteria developed in 

Amendment 23–36 focused primarily on 

these seats. Since the regulations do not 

address side-facing seats, these criteria 

should be documented in Special 

Conditions. 

The FAA decision to review 

compliance with these regulations stems 

from the fact that the current regulations 

do not provide adequate and 

appropriate standards for the type 

certification of this type of seat. 

These requirements are substantially 

similar to other single place side facing 

seat installations approved for use on 

several different part 23 and part 25 

aircraft. 

Type Certification Basis 

Under the provisions of § 21.101, 

Embraer S.A. must show that the model 

EMB 500, as changed, continues to meet 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A59CE 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 following model is covered by 

this special condition: 

Embraer S.A. EMB 500 

For the model listed above, the 

certification basis also includes all 

exemptions, if any; equivalent level of 

safety findings, if any; and special 

conditions not relevant to the special 

conditions adopted by this rulemaking 

action. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the side facing seat as installed on 

this Embraer S.A. model 500 because of 

a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

The FAA issues special conditions, as 

defined in § 11.19, under § 11.38 and 

they become part of the type 

certification basis in accordance 

with§ 21.101. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Novel or Unusual Design Features 

The Embraer S.A., model EMB 500 

will incorporate the following novel or 

unusual design features: 

A side facing passenger seat intended 

for taxi/takeoff and landing 

Discussion 

The seat is to incorporate design 

features that reduce the potential for 

injury in the event of an accident. In a 

severe impact, the occupant will be 

restrained by a 2-point seatbelt and bear 

on an adjacent padded wall. In addition 

to the design features intended to 

minimize occupant injury during an 

accident sequence, the adjacent forward 

wall/bulkhead interior structure will 

have padding, which will provide some 

protection to the head of the occupant. 

The Code of Federal Regulations 

states performance criteria for forward 

and aft facing seats and restraints in an 

objective manner. However, none of 

these criteria are adequate to address the 

specific issues raised concerning sidefacing seats. Therefore, the FAA has 

determined that, in addition to the 

requirements of part 21 and part 23, 

special conditions are needed to address 

the installation of this seat installation/ 

restraint. 

Accordingly, these special conditions 

are for the Embraer S.A. model EMB 500 

side facing seat location. Other 

conditions may be developed, as 

needed, based on further FAA review 

and discussions with the manufacturer 

and civil aviation authorities. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

model 500. Should Embraer S.A. apply 

at a later date 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 one model 

of airplanes. 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. 

The substance of these special 

conditions has been subjected to the 

notice and comment period in several 

prior instances and has been derived 

without substantive change from those 

previously issued. It is unlikely that 

prior public comment would result in a 

significant change from the substance 

contained herein. Therefore, because a 

delay would significantly affect the 

certification of the airplane, which is 

imminent, the FAA has determined that 

prior public notice and comment are 

unnecessary and impracticable, and 

good cause exists for adopting these 

special conditions upon issuance. The 

FAA is requesting comments to allow 

interested persons to submit views that 

may not have been submitted in 

response to the prior opportunities for 

comment described above. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.101; and 14 CFR 

11.38 and 11.19. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Embraer S.A., 

model 500 airplanes. 

Single-Place Side Facing Seat Dynamic 

Test Requirements 

In addition to the provisions of 14 

CFR 23.562, the following will apply: 

The following minimum acceptable 

standards for dynamic seat certification 

of the single side-facing seat are as 

follows: 

(a) Existing Criteria. As referenced by 

§ 23.785(b), all injury protection criteria 

of §§ 23.562(c)(1) through (c)(7) apply to 

the occupants of the side-facing seats. 

Head injury criteria (HIC) assessments 

are only required for head contact with 

the seat and/or adjacent structures. 

(b) Body-to-wall/furnishing contact. 

The seat must be installed aft of a 

structure such as an interior wall or 

furnishing that will contact the pelvis, 

upper arm, chest, or head of an 

occupant seated next to the structure. A 

conservative representation of the 

structure and its stiffness must be 

included in the tests. It is required that 

the contact surface of this structure 

must be covered with at least two inches 

of energy absorbing protective padding 

(foam or equivalent), such as Ensolite. 

(c) Thoracic Trauma. Testing with a 

Side Impact Dummy (SID), as defined 

by 49 CFR Part 572, Subpart F, or its 

equivalent, must be performed in order 

to establish Thoracic Trauma Index 

(TTI) injury criteria. TTI acquired with 

the SID must be less than 85, as defined 

in 49 CFR Part 572, Subpart F. SID TTI 

data must be processed as defined in 

Federal Motor Vehicle Safety Standard 

(FMVSS) Part 571.214, section S11.5. 


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Federal Register / Vol. 76, No. 203 / Thursday, October 20, 2011 / Rules and Regulations 65103 

Rational analysis, comparing an 

installation with another installation 

where TTI data were acquired and 

found acceptable, may also be viable. 

(d) Pelvis. Pelvic lateral acceleration 

must not exceed 130g. Pelvic 

acceleration data must be processed as 

defined in FMVSS Part 571.214, section 

S11.5. 

(e) Shoulder Strap Loads. Where 

upper torso straps (shoulder straps) are 

used for occupants, tension loads in 

individual straps must not exceed 1,750 

pounds. If dual straps are used for 

restraining the upper torso, the total 

strap tension loads must not exceed 

2,000 pounds. 

(f) Compression Loads. The 

compression load measured between the 

pelvis and the lumbar spine of the ATD 

may not exceed 1,500 pounds. 

(g) Emergency Evacuation. The 

airplane configuration must meet the 

emergency evacuation requirements of 

its certification basis with the seat 

occupied. 

(h) Test Requirements in § 23.562 

dynamic loads. The tests in § 23.562(a) 

(b) and (c) must be conducted on the 

side-facing seat. Floor deformation is 

required except for a seat that is 

cantilevered to the bulkhead. 

The following are the agreed to 

methods of compliance and testing 

requirements: 

General Test Guidelines 

(a) One longitudinal test with the SID 

anthropomorphic test dummy (ATD) or 

its equivalent, undeformed floor, no 

yaw, and with all lateral structural 

supports (armrests/walls) must be 

accomplished. 

—Pass/fail injury assessments: TTI and 

pelvic acceleration. 

(b) One longitudinal test with the 

Hybrid II ATD, deformed floor, with 10 

degrees yaw, and with all lateral 

structural supports (armrests/walls) 

must be accomplished. 

—Pass/fail injury assessments: HIC and 

upper torso restraint load, and 

restraint system retention. 

(c) Vertical (15 G’s) test must to be 

conducted with modified Hybrid II 

ATDs with existing pass/fail criteria. 

(d) The ATD can be tethered for the 

floor deformation test. 

(e) The seatbelt is not required to have 

a TSO Authorization but will need to 

comply with the TSO–C22g Minimum 

Performance Standards (MPS). 

Issued in Kansas City, Missouri, on 

October 12, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–27119 Filed 10–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2011–1141; Special 

Conditions No. 25–451–SC] 

Special Conditions: Gulfstream 

Aerospace Corporation, Model GIV–X 

Airplane; Aircraft Electronic System 

Security Protection From Unauthorized 

External Access 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Gulfstream Aerospace 

Corporation Model GIV–X airplane. 

This airplane will have novel or 

unusual design features associated with 

the architecture and connectivity 

capabilities of the airplane’s computer 

systems and networks, which may allow 

access by external computer systems 

and networks. Connectivity by external 

systems and networks may result in 

security vulnerabilities to the airplane’s 

systems. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for these 

design features. 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 October 13, 2011. 

We must receive your comments by 

December 5, 2011. 

ADDRESSES: Send comments identified 

by docket number FAA–2011–1141 

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 by 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: 

Varun Khanna, FAA, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone 425–227–1298; 

facsimile 425–227–1149. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected aircraft. In addition, the 

substance of these special conditions 

has been subject to the public comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

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 


pmangrum on DSK29S0YB1PROD with RULES