14128 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations 

flight-control laws reduce feedback from 

the pitching moment. Low-speed 

excursions may become more hazardous 

without the typical longitudinal 

stability, and recovery may become 

more difficult when the low-speed 

situation is associated with a low 

altitude, and with the engines at low 

thrust or in performance-limiting 

conditions. 

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. 

Applicability 

As discussed above, these special 

conditions are applicable to Bombardier 

Model BD–700–2A12 and BD–700– 

2A13 series airplanes. Should 

Bombardier apply at a later date for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual design feature, these 

special conditions would apply to that 

model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on 

Bombardier Model BD–700–2A12 and 

BD–700–2A13 series airplanes. It is not 

a rule of general applicability. 

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, the FAA 

has determined that prior public notice 

and comment are unnecessary and 

impracticable, and good cause exists for 

adopting these special conditions upon 

publication in the Federal Register. 

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 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 

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 Bombardier Inc. 

Model BD–700–2A12 and BD–700– 

2A13 series airplanes. 

In lieu of the requirements of 

§§ 25.171, 25.173, 25.175 and 25.177(c), 

the following special conditions apply: 

1. The airplane must be shown to 

have suitable static lateral, directional, 

and longitudinal stability in any 

condition normally encountered in 

service, including from the effects of 

atmospheric disturbance. The showing 

of suitable static lateral, directional, and 

longitudinal stability must be based on 

the airplane handling qualities, 

including pilot workload and pilot 

compensation, for specific test 

procedures during the flight-test 

evaluations. 

2. The airplane must provide to the 

pilot adequate awareness of a lowenergy (low speed, low thrust, low 

height) state when fitted with flightcontrol laws presenting neutral 

longitudinal stability significantly 

below the normal operating speeds. 

‘‘Adequate awareness’’ means warning 

information that alerts the flightcrew of 

unsafe operating conditions, allowing 

the flightcrew to take appropriate 

corrective action. 

3. The following requirement must be 

met for the configurations and speed 

specified in paragraph (a) of § 25.177. In 

straight, steady sideslips over the range 

of sideslip angles appropriate to the 

operation of the airplane, the ruddercontrol movements and forces must be 

substantially proportional to the angle 

of sideslip in a stable sense. This factor 

of proportionality must lie between 

limits found necessary for safe 

operation. The range of sideslip angles 

evaluated must include those sideslip 

angles resulting from the lesser of: 

a. One-half of the available ruddercontrol input; and 

b. A rudder-control force of 180 

pounds. 

Issued in Renton, Washington, on February 

10, 2017. 

Michael Kaszycki, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2017–05327 Filed 3–16–17; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–7689; Special 

Conditions No. 25–645–SC] 

Special Conditions: Lufthansa Technik 

AG; Boeing Model 747–8 Series 

Airplanes, Large Non-Structural Glass 

in the Passenger Compartment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 747–8 

airplane. This airplane, as modified by 

Lufthansa Technik AG (Lufthansa), will 

have a novel or unusual design feature 

when compared to the state of 

technology envisioned in the 

airworthiness standards for transportcategory airplanes. This design feature 

is the installation of large, nonstructural glass panels in the cabin area 

of an executive interior occupied by 

passengers and crew. 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: Effective April 17, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, Airframe and Cabin 

Safety, ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone 425–227–2194; facsimile 

425–227–1320. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 8, 2012, Lufthansa Technik 

AG applied for a supplemental type 

certificate for large, non-structural glass 

panels in the passenger compartment in 

a Boeing Model 747–8 airplane. The 

Model 747–8 airplane is a derivative of 

the Boeing Model 747–400 airplane 

approved under type certificate no. 

A20WE. The airplane, as modified by 

Lufthansa Technik AG, is a four-engine, 

transport-category airplane that will 

have a maximum takeoff weight of 

970,000 lbs, capacity for 24 

crewmembers, and seating for 143 

passengers. 

Type Certification Basis 

The certification basis for the Boeing 

Model 747–8 airplane, as defined in 

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Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations 14129 

type certificate no. A20WE, is Title 14, 

Code of Federal Regulations (14 CFR) 

part 25 as amended by amendments 25– 

1 through 25–120, with exceptions for 

structures and systems that were 

unchanged from the 747–400 design. 

Under the provisions of § 21.101, 

Lufthansa Technik AG must show that 

the Model 747–8 airplane, as changed, 

continues to meet the applicable 

provisions of the regulations listed in 

type certificate no. A20WE, or the 

applicable regulations in effect on the 

date of application for the change. 

The certification basis includes 

certain special conditions, exemptions, 

or later amended sections of the 

applicable part that are not relevant to 

these special conditions. 

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 Boeing Model 747–8 airplane 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 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 novel or unusual design feature, 

these special conditions would also 

apply to the other model under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Model 747–8 airplane 

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 § 11.38, and they become part of 

the type certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

Lufthansa Technik AG is modifying a 

Boeing Model 747–8 airplane to install 

an executive interior. This airplane, as 

modified, will have a novel or unusual 

design feature that is the installation of 

large, non-structural glass panels in the 

cabin area of an executive interior 

occupied by passengers and crew. The 

installation of these glass items in the 

passenger compartment, which can be 

occupied during taxi, takeoff, and 

landing, is a novel or unusual design 

feature with respect to the material 

being installed. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. 

Discussion 

No specific regulations address the 

design and installation of large glass 

components in airplane passenger 

cabins. Existing requirements, such as 

§§ 25.561, 25.562, 25.601, 25.603, 

25.613, 25.775, and 25.789, in the 

Boeing Model 747–8 airplane 

certification basis applicable to this 

supplemental type certificate project, 

provide some design standards 

appropriate for large glass component 

installations. However, additional 

design standards for non-structural glass 

augmenting the existing design are 

needed to complement the existing 

requirements. The addition of glass 

involved in this installation, and the 

potentially unsafe conditions caused by 

damage to such components from 

external sources, necessitate assuring 

that adequate safety standards are 

applied to the design and installation of 

the feature in Boeing Model 747–8 

airplanes. 

For purposes of these special 

conditions, a large glass component is 

defined as a glass component weighing 

4 kg (9 lbs) or more. Groupings of glass 

items that individually weigh less than 

4 kg, but collectively weigh 4 kg or 

more, also would need to be included. 

These special conditions also apply 

when showing compliance with the 

applicable performance standards in the 

regulations for the installation of these 

components. For example, heat-release 

and smoke-density testing must not 

result in fragmentation of the 

component. 

The use of glass has resulted in tradeoffs between the one unique 

characteristic of glass—its capability for 

undistorted or controlled light 

transmittance, or transparency—and the 

negative aspects of the material, such as 

extreme notch-sensitivity, low fracture 

resistance, low modulus of elasticity, 

and highly variable properties. While 

reasonably strong, glass is nonetheless 

not a desirable material for traditional 

airplane applications because it is heavy 

(about the same density as aluminum), 

and when it fails, it breaks into 

extremely sharp fragments that have the 

potential for injury and have been 

known to be lethal. Thus the use of glass 

traditionally has been limited to 

windshields, and instrument and 

display transparencies. The regulations 

for certification of transport-category 

airplanes only address, thus only 

recognize, the use of glass in windshield 

or window applications. These 

regulations do address the adverse 

properties of glass, but even so, pilots 

are occasionally injured from shattered 

glass windshields. FAA policy allows 

glass on instruments and display 

transparencies. 

Other installations of large, nonstructural glass items have included the 

following: 

• Glass panels integrated onto a 

stairway handrail closeout. 

• Glass panels mounted in doors to 

allow visibility through the door when 

desired. 

• Glass doors on some galley 

compartments containing small 

amounts of service items. 

These special conditions will reduce 

the hazards from breakage, or from these 

panels’ potential separation from the 

cabin interior. 

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. 

Discussion of Comments 

Notice of Proposed Special 

Conditions no. 25–16–03–SC for 

Lufthansa modifications to the Boeing 

Model 747–8 airplane was published in 

the Federal Register on February 25, 

2016 (81 FR 9363). One comment was 

received. 

By letter no. B–H020–REG–16–TLM– 

17 dated March 24, 2016, on behalf of 

The Boeing Company (Boeing), Capt. 

Terry L. McVenes, Director, System 

Safety & Regulatory Affairs, wrote that 

Boeing provides a 

. . . comprehensive set of comments that 

identify areas of the proposed text where 

changes would be beneficial for better clarity 

and accuracy. [Boeing] consider[s] such 

clarifications important to ensure consistent 

and standardized interpretation and 

application of the requirements and guidance 

provided in the document. 

Boeing recommends that proposed 

special condition no. 1, Material, and 

proposed special condition no. 2, 

Fragmentation, be revised to moreclearly define what each of these special 

conditions require, and how these two 

requirements are different. We agree 

that those two conditions could be 

addressed with a single test, so we 

combined those two conditions into a 

single condition, special condition no. 

1, in this document, for clarity. The 

subsequent special conditions have 

been renumbered accordingly. 

Boeing commented that the load 

conditions in special condition no. 4, in 

Notice no. 25–16–03–SC, which 

corresponds to special condition no. 3 

in this document, should include all 

flight and landing loads, rather than 

only emergency landing. These special 

conditions are in addition to the load 

requirements in the certification basis 

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14130 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Rules and Regulations 

for the glass installation, rather than in 

lieu of the load requirements. Thus, it 

is not necessary to repeat that all of 

these loads apply to this installation. 

The emergency-landing load condition 

is not normally applied to installations 

of this type, but for the use of large glass 

in the cabin, we determined that this 

additional safety standard is necessary. 

We made no changes to special 

condition number 3 in response to the 

Boeing comments. 

Boeing recommends that the loading 

conditions in proposed special 

condition no. 3 (which is now special 

condition no. 2), Strength, and proposed 

special condition no. 4 (which is now 

special condition no. 3), Retention, be 

the same. Proposed special condition 

no. 3 (which is now special condition 

no. 2), Strength, is required to address 

the unique, extremely notch-sensitive 

characteristics of the glass as having low 

fracture resistance, low modulus of 

elasticity, and highly variable 

properties. Special condition no. 3 

(which is now special condition no. 2) 

specifically accounts for abuse loads in 

addition to the loads required per 

subparts C & D of 14 CFR part 25. 

Special condition no. 4 (which is now 

special condition no. 3) accounts for 

loads encountered during directional 

loading and rebound resulting from 

emergency landing loads of 14 CFR part 

25. We have made minor grammatical 

modifications to the requirements. 

Boeing recommends that, for 

proposed special condition no. 4 (which 

is now special condition no. 3), 

Retention, the statement, ‘‘Both the 

directional loading and rebound 

conditions must be assessed,’’ be 

removed, because these both are 

covered in proposed special condition 

no. 3. As explained above, special 

condition nos. 3 (which is now special 

condition no. 2) and 4 (which is now 

special condition no. 3) account for 

different loading conditions. We have 

made minor grammatical modifications 

to the requirements. 

Applicability 

As discussed above, these special 

conditions are applicable to Boeing 

Model 747–8 series airplanes as 

modified by Lufthansa. Should 

Lufthansa apply at a later date for a 

supplemental type certificate to modify 

any other model included on type 

certificate no. A20WE to incorporate the 

same novel or unusual design feature, 

these special conditions would apply to 

that model as well. 

Conclusion 

This action affects only a certain 

novel or unusual design feature on one 

model series of airplane. It is not a rule 

of general applicability and affects only 

the applicant who applied to the FAA 

for approval of this feature 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 Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued, for large glass 

components installed in a cabin 

occupied by passengers or crew who are 

not otherwise protected from the 

injurious effects of failure of the glass 

installations, as part of the type 

certification basis for Boeing 747–8 

airplanes modified by Lufthansa 

Technik AG. 

1. Material Fragmentation—The 

applicant must use tempered or 

otherwise treated glass to ensure that, 

when fractured, the glass breaks into 

small pieces with relatively dull edges. 

The glass component installation must 

retain all glass fragments to minimize 

the danger from flying glass shards or 

pieces. The applicant must demonstrate 

this characteristic by impact and 

puncture testing, and testing to failure. 

The applicant may conduct this test 

with or without any glass coating that 

may be utilized in the design. 

2. Strength—In addition to meeting 

the load requirements for all flight and 

landing loads, including any of the 

applicable emergency-landing 

conditions in subparts C & D of 14 CFR 

part 25, the glass components that are 

located such that they are not protected 

from contact with cabin occupants must 

not fail due to abusive loading, such as 

impact from occupants stumbling into, 

leaning against, sitting on, or performing 

other intentional or unintentional 

forceful contact with the glass 

component. The applicant must assess 

the effect of design details such as 

geometric discontinuities or surface 

finish, including but not limited to 

embossing and etching. 

3. Retention—The glass component, 

as installed in the airplane, must not 

come free of its restraint or mounting 

system in the event of an emergency 

landing, considering both the 

directional loading and resulting 

rebound conditions. The applicant must 

assess the effect of design details such 

as geometric discontinuities or surface 

finish, including but not limited to 

embossing and etching. 

4. Instructions for Continued 

Airworthiness: The instructions for 

continued airworthiness must reflect the 

method used to fasten the panel to the 

cabin interior and must ensure the 

reliability of the methods used (e.g., life 

limit of adhesives, or clamp 

connection). The applicant must define 

any inspection methods and intervals 

based upon adhesion data from the 

manufacturer of the adhesive, or upon 

actual adhesion-test data, if necessary. 

Issued in Renton, Washington, on February 

10, 2017. 

Michael Kaszycki, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2017–05331 Filed 3–16–17; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 229, 232, 239 and 249 

[Release Nos. 33–10322; 34–80132; File No. 

S7–19–16] 

RIN 3235–AL95 

Exhibit Hyperlinks and HTML Format 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: We are adopting amendments 

that will require registrants that file 

registration statements and reports 

subject to the exhibit requirements 

under Item 601 of Regulation S–K, or 

that file Forms F–10 or 20–F, to include 

a hyperlink to each exhibit listed in the 

exhibit index of these filings. To enable 

the inclusion of such hyperlinks, the 

amendments also require that registrants 

submit all such filings in HyperText 

Markup Language (‘‘HTML’’) format. 

DATES: Effective on September 1, 2017. 

Compliance Dates: Registrants must 

comply with the final rules for filings 

submitted on or after September 1, 2017. 

A registrant that is a ‘‘smaller reporting 

company,’’ as defined in Securities Act 

Rule 405 and Exchange Act Rule 12b– 

2, or that is neither a ‘‘large accelerated 

filer’’ nor an ‘‘accelerated filer,’’ as 

defined in Exchange Act Rule 12b–2, 

and that submits filings in ASCII need 

not comply with the final rules until 

September 1, 2018, one year after the 

effective date. 

The compliance date with respect to 

any Form 10–D that will require 

hyperlinks to any exhibits filed with 

Form ABS–EE is delayed until 

Commission staff has completed 

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