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

23441 

Vol. 80, No. 81 

Tuesday, April 28, 2015 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–0692; Special 

Conditions No. 25–580–SC] 

Special Conditions: Boeing Model 787– 

9, Dynamic Test Requirements for 

Single-Occupant Oblique (Side-Facing) 

Seats With Airbag Devices 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special condition; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–9 

airplane. This airplane has a novel or 

unusual design feature associated with 

side-facing, oblique seats. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for occupants of seats 

installed at an angle of greater than 18 

degrees, but substantially less than 90 

degrees, to the centerline of the 

airplane, nor for airbag devices. 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: This action is effective on April 

28, 2015. We must receive your 

comments by June 12, 2015. 

ADDRESSES: Send comments identified 

by docket number FAA–2015–0692 

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 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 9 

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 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, Airframe and Cabin Safety, 

ANM–115, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone 425–227–2136; facsimile 

425–227–1149. 

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 airplane. 

The FAA therefore finds that good 

cause exists for making these special 

conditions effective upon publication in 

the Federal Register. 

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 may change these special 

conditions based on the comments we 

receive. 

Background 

On July 5, 2009, The Boeing Company 

applied for an amendment to Type 

Certificate No. T00021SE to include the 

new Model 787–9 airplane. The Model 

787–9, which is a derivative of the 

Model 787 airplane currently approved 

under Type Certificate No. T00021SE, is 

a wide-body twin-jet with wingmounted engines. It has a 420-passenger 

capacity, a maximum takeoff weight of 

553,000 lb, and is equipped with two 

Rolls-Royce Trent T1000 or General 

Electric GENx engines. 

Amendment 25–15 to part 25, dated 

October 24, 1967, introduced the subject 

of side-facing seats and a requirement 

that each occupant in a side-facing seat 

must be protected from head injury by 

a safety belt and a cushioned rest that 

will support the arms, shoulders, head, 

and spine. 

Subsequently, Amendment 25–20, 

dated April 23, 1969, clarified the 

definition of sideward-facing seats to 

require that each occupant of a seat that 

is positioned at more than an 18-degree 

angle to the vertical plane containing 

the airplane centerline must be 

protected from head injury by a safety 

belt and an energy-absorbing rest that 

supports the arms, shoulders, head, and 

spine; or by a safety belt and shoulder 

harness that prevents the head from 

contacting injurious objects. The FAA 

concluded that a maximum 18-degree 

angle would provide an adequate level 

of safety based on tests that were 

performed at that time, and thus 

adopted that standard. 

Part 25 was amended June 16, 1988, 

by Amendment 25–64, to revise the 

emergency-landing conditions that must 

be considered in the design of the 

airplane. Amendment 25–64 revised the 

static-load conditions in § 25.561, and 

added a new § 25.562 that required 

dynamic testing for all seats approved 

for occupancy during takeoff and 

landing. The intent of Amendment 25– 

64 is to provide an improved level of 

mstockstill on DSK4VPTVN1PROD with RULES

23442 Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules and Regulations 

safety for occupants on transportcategory airplanes. Because most seating 

is forward-facing on transport-category 

airplanes, the pass/fail criteria 

developed in Amendment 25–64 

focused primarily on these seats. As a 

result, the FAA issued Policy 

Memorandums ANM–03–115–30, 

‘‘Side-facing Seats on Transport 

Category Airplanes,’’ and PS–ANM– 

100–2000–00123 ‘‘Guidance for 

Demonstrating Compliance with Seat 

Dynamic Testing for Plinths and 

Pallets,’’ to provide the additional 

guidance necessary to demonstrate the 

level of safety required by the 

regulations for fully side-facing seats. 

To reflect current research findings, 

the FAA developed a methodology to 

address all fully side-facing seats (i.e, 

seats oriented in the airplane with the 

occupant facing 90 degrees to the 

direction of airplane travel) and has 

documented those requirements in a set 

of proposed new special conditions. The 

FAA issued Policy Statement PS–ANM– 

25–03–R1 to document the injury 

criteria associated with neck and leg 

injuries for fully side-facing seats that 

will be used in special conditions 

issued after the implementation of the 

policy. 

The criteria described in the above 

policy statements were written for fully 

side-facing seats and do not fully 

address the complex occupant-loading 

conditions introduced by a seat that is 

at an oblique angle to the centerline of 

the airplane. The Model 787–9 businessclass seat installation is novel such that 

the current Model 787 side-facing seat 

special conditions do not adequately 

convey occupant protection 

expectations for an oblique-seat 

installation. Therefore, the configuration 

Boeing proposes requires new special 

conditions. 

Type Certification Basis 

Under the provisions of Title 14, Code 

of Federal Regulations (14 CFR) 21.101, 

Boeing must show that the 787–9, as 

changed, continues to meet the 

applicable provisions of the regulations 

listed in Type Certificate No. T00021SE, 

or the applicable regulations in effect on 

the date of application for the change, 

except for earlier amendments as agreed 

upon by the FAA. The regulations listed 

in the type certificate are commonly 

referred to as the ‘‘original typecertification basis.’’ 

The regulations listed in T00021SE 

are as follows: 

The type-certification basis for the 

Model 787–9 airplane is 14 CFR part 25, 

effective February 1, 1965, as amended 

by Amendments 25–1 through 25–128, 

except § 25.795, Security 

Considerations, at Amendment 25–106; 

and § 25.125, Landing, at Amendment 

25–108. 

In addition, 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 787–9 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 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 also apply to the other model. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 787–9 

airplane must comply with the fuel-vent 

and exhaust-emission requirements of 

14 CFR part 34, and the noisecertification 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 

The Boeing Model 787–9 airplane will 

incorporate the following novel or 

unusual design features: 

Installation of Zodiac Seats France 

Cirrus III model oblique business-class 

passenger seats manufactured by Zodiac 

Seats UK, which are seats installed at an 

angle of 30 degrees to the airplane 

centerline. These seats will include 

airbag devices for occupant restraint and 

injury protection. This particular design 

allows for the upper torso to align with 

the impact vector, but may restrict the 

knees/legs from fully aligning. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for occupants of seats 

installed in the proposed configuration. 

To provide a level of safety equivalent 

to that afforded to occupants of forwardand aft-facing seats, additional 

airworthiness standards, in the form of 

special conditions, are necessary. 

Although we have issued side-facingseat special conditions applicable to the 

787, these existing special conditions do 

not fully address the complex occupantloading conditions introduced by a seat 

that is at an oblique angle to the 

centerline of the airplane. Special 

Conditions 25–458–SC, ‘‘Boeing Model 

787 Series Airplanes; Single-place Sidefacing Seats with Inflatable Lapbelts,’’ 

apply to fully side-facing (90 degree) 

seats installed on the 787. Special 

Conditions 25–552–SC, ‘‘Boeing Model 

787–9, Side-Facing Seats,’’ were 

applicable to a specific 49-degree 

oblique seat installation, and do not 

contain sufficient criteria for general 

oblique seat installations. 

Boeing is installing airbag devices on 

these seats, either in the lapbelts or 

mounted in the structure around the 

seats. Airbag devices installed in 

lapbelts on the 787 are addressed by 

Special Conditions 25–431–SC, ‘‘Boeing 

Model 787 Series Airplanes; Seats With 

Inflatable Lapbelts.’’ We are currently 

developing special conditions to apply 

to structure-mounted airbag devices 

installed on the 787. 

Discussion 

The business-class seating 

configuration proposed by Boeing is 

unique due to the seat installation at a 

30-degree angle to the airplane 

centerline. Special Conditions 25–458– 

SC and 25–552–SC were not intended to 

address this configuration, nor is this 

configuration specifically addressed by 

Policy Statement PS–ANM–25–03–R1 

(which is intended to address fully sidefacing seats, i.e., 90-degree installation 

angle). However, we believe the 

occupant-injury criteria conveyed in 

this policy statement is applicable to 

this type of configuration as it applies 

to evaluating neck injuries. Due to the 

unique seat-installation angle, these 

special conditions also include spinalloading injury criteria. 

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 the Boeing 

Model 787–9 airplane. These special 

conditions can be applied to oblique 

seats installed at an angle greater than 

18 degrees but less than 46 degrees to 

the vertical plane containing the 

airplane centerline. Should Boeing 

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 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 81 / Tuesday, April 28, 2015 / Rules and Regulations 23443 

well. The angle of installation and 

detailed design features will determine 

the nature of the occupant response. 

The FAA will amend these special 

conditions or issue new special 

conditions, should unusual occupant 

response in the required dynamic tests, 

or additional research into occupantinjury mechanisms, indicate these 

special conditions are inadequate. Any 

future special conditions would include 

due public notice. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

of airplane. It is not a rule of general 

applicability. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Boeing Model 

787–9 airplane is imminent, the FAA 

finds that good cause exists to make 

these special conditions effective upon 

publication in the Federal Register. 

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 typecertification basis for Boeing Model 

787–9 airplanes modified by Boeing. 

Side-Facing Seats Conditions 

In addition to the requirements of 

§ 25.562: 

1. Existing Criteria: Compliance with 

§ 25.562(c)(5) is required, except that, if 

the anthropomorphic test device (ATD) 

has no apparent contact with the seat/ 

structure but has contact with an 

inflatable restraint, a head-injury 

criterion (HIC) unlimited score in excess 

of 1000 is acceptable, provided the 

HIC15 score for that contact is less than 

700. 

2. Body-to-Wall/Furnishing Contact: If 

a seat is installed aft of structure (e.g., 

an interior wall or furnishing) that does 

not provide a homogenous contact 

surface for the expected range of 

occupants and yaw angles, then 

additional analysis and/or test(s) may be 

required to demonstrate that the injury 

criteria are met for the area which an 

occupant could contact. For example, if 

different yaw angles could result in 

different inflatable-restraint 

performance, then additional analysis or 

separate test(s) may be necessary to 

evaluate performance. 

3. Neck Injury Criteria: The seating 

system must protect the occupant from 

experiencing serious neck injury. The 

assessment of neck injury must be 

conducted with the inflatable restraint 

activated unless there is reason to also 

consider that the neck-injury potential 

would be higher below the inflatablerestraint threshold. 

a. The Nij must be below 1.0, where 

Nij = Fz/Fzc + My/Myc, and Nij intercepts 

limited to: 

i. Fzc = 1530 lb for tension. 

ii. Fzc = 1385 lb for compression. 

iii. Myc = 229 lb-ft in flexion. 

iv. Myc = 100 lb-ft in extension. 

b. In addition, peak Fz must be below 

937 lb in tension and 899 lb in 

compression. 

c. Rotation of the head about its 

vertical axis relative to the torso is 

limited to 105 degrees in either 

direction from forward-facing. 

d. The neck must not impact any 

surface. 

4. Spine and Torso Injury Criteria: 

a. The shoulders must remain aligned 

with the hips throughout the impact 

sequence, or support for the upper torso 

must be provided to prevent forward or 

lateral flailing beyond 45 degrees from 

the vertical during significant spinal 

loading. 

b. Significant concentrated loading on 

the occupant’s spine, in the area 

between the pelvis and shoulders 

during impact, including rebound, is 

not acceptable. During this type of 

contact, the interval for any rearward (X 

direction) acceleration exceeding 20g 

must be less than 3 milliseconds as 

measured by the thoracic 

instrumentation specified in 49 CFR 

part 572, subpart E, filtered in 

accordance with SAE International 

(SAE) J211–1. 

c. Occupant must not interact with 

the armrest or other seat components in 

any manner significantly different than 

would be expected for a forward-facing 

seat installation. 

5. Longitudinal test(s), as necessary, 

must be performed with the FAA 

Hybrid III ATD, undeformed floor, mostcritical yaw case(s) for injury, and with 

all lateral structural supports (armrests/ 

walls) installed. For the pass/fail injury 

assessments, see the criteria listed in 

special conditions 1 through 4, above. 

Note: Boeing must demonstrate that 

the installation of seats via plinths or 

pallets meets all applicable 

requirements. Compliance with the 

guidance contained in FAA Policy 

Memorandum PS–ANM–100–2000– 

00123, dated February 2, 2000, titled 

‘‘Guidance for Demonstrating 

Compliance with Seat Dynamic Testing 

for Plinths and Pallets,’’ is acceptable to 

the FAA. 

Inflatable Lapbelt Conditions 

If inflatable lapbelts are installed on 

single-place side-facing seats, the 

inflatable lapbelt(s) must meet Special 

Conditions 25–431–SC. 

Issued in Renton, Washington, on April 14, 

2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–09784 Filed 4–27–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

Temporary Employment of Foreign 

Workers in the United States; CFR 

Correction 

In Title 20 of the Code of Federal 

Regulations, Parts 500 to 656, revised as 

of April 1, 2014, on page 314, in 

§ 655.10, the second paragraph (h) and 

the second paragraph (i) are removed. 

[FR Doc. 2015–09948 Filed 4–27–15; 8:45 am] 

BILLING CODE 1505–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9718] 

RIN 1545–BH37 

Period of Limitations on Assessment 

for Listed Transactions Not Disclosed 

Under Section 6011; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to final regulations (TD 

9718) that were published in the 

Federal Register on Tuesday, March 31, 

2015 (80 FR 16973). The final 

regulations relating to the exception to 

the general three-year period of 

limitations on assessment under section 

6501(c)(10) of the Internal Revenue 

Code (Code) for listed transactions that 

taxpayer failed to disclosed as required 

under section 6011. 

mstockstill on DSK4VPTVN1PROD with RULES