[Federal Register Volume 89, Number 201 (Thursday, October 17, 2024)]
[Rules and Regulations]
[Pages 83617-83619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23936]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2024-0988; Special Conditions No. 25-869-SC]


Special Conditions: Northwest Aerospace Technologies, Inc (NAT), 
Boeing Model 787-9 Airplane; Installation of High Wall Suites

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Boeing Model 787-9 
series airplanes. These airplanes, as modified by NAT, will have a 
novel or unusual design feature when compared to the state of 
technology envisioned in the airworthiness standards for transport 
category airplanes. This design feature is the installation of high 
wall suites in the passenger cabin. 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 October 17, 2024.

FOR FURTHER INFORMATION CONTACT: Artiom Kostiouk, Cabin Safety, AIR-
624, Technical Policy Branch, Policy and Standards Division, Aircraft 
Certification Service, Federal Aviation Administration, 800 
Independence Ave. SW, Washington, DC 20591; telephone and fax (202) 
267-5446; email <a href="/cdn-cgi/l/email-protection#81e0f3f5e8eeecafecafeaeef2f5e8eef4eac1e7e0e0afe6eef7"><span class="__cf_email__" data-cfemail="b7d6c5c3ded8da99da99dcd8c4c3ded8c2dcf7d1d6d699d0d8c1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    NAT has applied for an amended supplemental type certificate for 
the installation of suites in the passenger cabin in Boeing Model 787-9 
series airplanes. The Boeing Model 787-9 airplane, currently approved 
under Type Certificate No. T00021SE, is a twin-engine transport 
category airplane, with a maximum seating capacity for 420 passengers, 
and a maximum take-off weight of 553,000 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, NAT must show that the 
Boeing Model 787-9 airplane, 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.
    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 Sec.  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 
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special

[[Page 83618]]

conditions, the Boeing Model 787-9 airplane must comply with the 
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 Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 787-9 airplane will incorporate the following 
novel or unusual design feature:
    Single-passenger suites with high walls that diminish occupant's 
awareness of their surroundings in emergency situations. These suites 
are considered a novel design for transport category airplanes and were 
not considered when applicable airworthiness standards were created.

Discussion

    For the Model 787-9 airplane, NAT has proposed a customer option 
for the installation of six high wall suites (HWS) arranged in two rows 
of three suites each in a 1-1-1 configuration. The characteristics of 
this HWS design are unique such that the suite walls are higher than 
conventional mini-suites with partial height surroundings. While the 
walls for these suites do not extend fully up from the floor to the 
ceiling, such as those found in traditional ``high wall'' suites, their 
wall height of 60 inches is greater than the eye level of a 5th 
percentile female, impeding visual awareness and egress. These suites 
are also not remote from the main cabin (such as overhead crew rests). 
Additionally, the design of these suites is novel in the inclusion of 
berths that are accessible to the occupant of the suite during flight, 
unlike previous high wall suite designs.
    Part 25 in its current form does not have regulations that address 
suite installations in the cabin with walls of height that reduce 
occupant visibility and situational awareness.
    Due to the novel design features of these HWS, suitable passenger 
alerting, supplemental oxygen, and firefighting equipment and 
procedures are needed for this configuration to ensure occupant 
awareness in emergency situations. Furthermore, the proposed suite 
design necessitates the development of additional special conditions, 
including, but not limited to crew procedures for managing hazards and 
suite occupants, as well as maintaining cabin-egress route dimensions 
after deformation of the walls and seats.
    The 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

    The FAA issued Notice of Proposed Special Conditions No. 25-24-03-
SC for the Boeing Model 787-9 series airplane, which was published in 
the Federal Register on August 6, 2024 (89 FR 63845).
    The FAA received three comments from Boeing.
    Boeing requests to change the description of the suites to remove 
the single criterion of impending visual awareness and egress of a 5th 
percentile female. Instead, Boeing requests FAA to use multifaceted 
criteria (i.e., oxygen masks, smoke detection, and firefighting), which 
would categorize the suites as mini-suites instead of high wall suites. 
Boeing further asserts that a height of 60 inches to demarcate between 
high wall suites and mini-suites is not consistent with industry, FAA, 
or European Union Aviation Safety Agency (EASA) practice. The FAA 
disagrees that the proposed suites are mini-suites. These suites are 
described as high wall suites because the height of the walls, in this 
case 60 inches, exceeds the eye height of shorter stature occupants 
such that they are unable to see the emergency exits from within the 
suites, which increases safety risk associated with actions expected of 
the occupants in an emergency. This description is consistent with the 
FAA Grant of Exemption 17635B, issued to The Boeing Company for high 
wall suites installed on Model 777 airplanes which states, ``In most 
previous approvals, the low-wall mini-suite door did not obscure the 
passenger's view of the airplane's emergency exit. However, in this 
case, the high walls create long corridors that could obscure view of 
the emergency exits, and impede the overall egress capability of the 
cabin, creating a new safety risk.'' This description is also 
consistent with discussion of high wall suites at industry meetings 
where the FAA has maintained the position discussed in the noted 
exemption.
    Boeing also proposes to change the discussion section regarding 
part 25 which states that part 25 does not specifically address suites 
with walls that reduce occupant visibility and situational awareness. 
Boeing asserts that commercial aircraft commonly include architectural 
elements that are addressed by existing regulations that may also 
potentially reduce visibility and situational awareness. The FAA infers 
that Boeing is maintaining that existing regulations already address 
suites with high walls, and the FAA disagrees with Boeing's comment. 
While current regulations are sufficient to address a high wall 
architectural element such as a partition, they do not address the 
safety risk posed by surrounding an occupant with high walls. The 
discussion section is intended to convey that part 25 did not 
previously consider safety factors associated with high walls 
surrounding seats that were previously installed in an open seating 
environment. Among these factors is the safety risk associated with 
walls that diminish visibility of emergency exits and awareness of 
emergency conditions, which must be addressed by special conditions.
    Finally, Boeing proposes to remove conditions 1, 2, 3, 4, 6, and 7, 
which are associated with high wall suites, and place condition 5 which 
relates to berths, in an exemption regarding mini-suites. The FAA 
disagrees with Boeing's proposal since the suites in question are not 
mini-suites but high wall suites. Furthermore, incorporating beds into 
the suites requires conditions specific to decompression alerting and 
maintaining availability of supplemental oxygen for bed occupants to 
mitigate the safety risk associated with diminished situational 
awareness.
    The special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 787-9 airplane. Should Northwest Aerospace Technologies, 
Inc apply at a later date for a supplemental type certificate to modify 
any other model included on Type Certificate No. T00021SE to 
incorporate the same novel or unusual design feature, these special 
conditions would apply to that model as well.
    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, as modified by Northwest Aerospace Technologies, Inc., is 
imminent, the FAA finds that good cause exists to make these special 
conditions effective upon publication.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. 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.

[[Page 83619]]

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    [squf] 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 Boeing Model 787-9 series 
airplanes, as modified by NAT.
    The suites must have the following features:
    1. A supplemental oxygen system with the following:
    a. Oxygen masks for each seat and berth installed in the suite that 
meet the same 14 CFR part 25 regulations as the supplemental oxygen 
system for the main passenger-cabin occupants.
    b. An aural and visual alert system to warn occupants and to 
indicate the need to don oxygen masks in the event of decompression. 
The aural alert must activate concurrently with the deployment of the 
oxygen masks in the main passenger cabin and must be loud enough to be 
heard and clearly understood from each suite berth and seat location.
    c. When an occupant needs to locate and don a deployed oxygen mask, 
sufficient levels of lighting to perform this task must be 
automatically activated within the suite.
    d. Automatic presentation of oxygen for occupants lying in the 
berth.
    e. If a chemical oxygen generator is used as the oxygen supply 
source, the suite oxygen installation must meet Sec. Sec.  25.795(d) 
and 25.1450 at amendment 25-138 or higher.
    2. The design approval holder must provide operating procedures to 
move suite occupants when smoke is present, or firefighting is 
occurring near or in the suites, for incorporation into the operator's 
training programs and appropriate operational manuals:
    a. A limitation must be included in the airplane flight manual 
(AFM) requiring that crewmembers be trained in the operating procedures 
related to the suites.
    3. The design of each suite, and the location of the firefighting 
equipment where suites are installed, must allow the crewmembers to 
conduct effective firefighting in the suite. For a manual, hand-held 
extinguishing system (designed as the sole means to fight a fire) for 
the suite:
    a. A limitation must be included in the AFM requiring that 
crewmembers be trained in the firefighting procedures.
    b. Each suite design must allow crewmembers equipped for 
firefighting to have unrestricted access to all parts of the suite 
compartment.
    4. Approved procedures describing the methods for searching the 
suite compartment for fire sources must be established. These 
procedures should include a drawing or photo clearly indicating the 
location of the stowage drawer and other potential sources of smoke 
(e.g., the monitor). They must be transmitted to the operator for 
incorporation into their training programs and appropriate operations 
manuals.
    5. If a berth is installed, occupancy of each suite is limited to a 
single passenger.
    a. Each berth installed in the suite must incorporate a safety belt 
that meets Sec.  25.785(f).
    b. Each berth must be placarded to indicate the appropriate 
orientation of the occupant's head direction.
    c. Each berth cushion must meet Sec.  25.853(c).
    6. If waste-disposal receptacles are fitted in the suite, the suite 
must be equipped with an automatic fire-extinguishing system that meets 
the performance requirements of Sec.  25.854(b).
    7. The design of each suite must:
    a. Maintain minimum main aisle(s), cross aisle(s), and 
passageway(s) required by 14 CFR part 25 requirements when subjected to 
the ultimate inertia forces listed in Sec.  25.561(d).
    b. Prevent structural failure or deformation of components that 
could block access to the available evacuation routes (e.g., seats, 
doors, contents of stowage compartments, etc.).
    8. In addition to the requirements of Sec.  25.562 for seat 
systems, which are occupiable during taxi, takeoff, and landing, the 
suite structure must be designed for the additional loads imposed by 
the seats as a result of the conditions specified in Sec.  25.562(b).

    Issued in Kansas City, Missouri, on October 11, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division, 
Aircraft Certification Service.
[FR Doc. 2024-23936 Filed 10-16-24; 8:45 am]
BILLING CODE 4910-13-P


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