10476 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Rules and Regulations 

■ 2. Section 930.256 is added to read as 

follows: 

Note: This section will not appear in the 

annual Code of Federal Regulations. 

§ 930.256 Final free and restricted 

percentages for the 2010–2011 crop year. 

The final percentages for tart cherries 

handled by handlers during the crop 

year beginning on July 1, 2010, which 

shall be free and restricted, respectively, 

are designated as follows: Free 

percentage, 58 percent and restricted 

percentage, 42 percent. 

Dated: February 18, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–4269 Filed 2–24–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1023 

48 CFR Parts 901, 902, 903, 904, 906, 

907, 908, 909, 911, 914, 915, 916, 917, 

and 952 

RIN 1991–AB81 

(General Provisions) Contract Appeals 

and the Acquisition Regulation: 

General, Acquisition Planning, and 

Contracting Methods and Contract 

Types 

Correction 

In rule document 2011–1320 

appearing on pages 7685–7694 in the 

issue of Friday, February 11, 2011, make 

the following correction: 

915.404 [Table Corrected] 

On page 7693, in the table, in the last 

row, in the column labeled ‘‘Add’’, 

‘‘ ‘‘DOE to’’ ’’ should read ‘‘ ‘‘DOE to—’’ ’’. 

[FR Doc. C1–2011–1320 Filed 2–24–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM412 Special Conditions No. 

25–419–SC] 

Special Conditions: Boeing Model 

787–8 Airplane; Overhead Crew-Rest 

Compartment 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features associated 

with installation of an overhead crewrest (OCR) compartment. 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. 

Additional special conditions will be 

issued for other novel or unusual design 

features of the Boeing Model 787–8 

airplanes. 

DATES: Effective Date: March 28, 2011. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, FAA, Airframe/Cabin Safety 

Branch, ANM–115, Transport Standards 

Staff, Transport Airplane Directorate, 

Aircraft Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–2136; 

facsimile (425) 227–1320. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 28, 2003, The Boeing 

Commercial Airplane Group (hereafter 

referred to as ‘‘Boeing’’) applied for an 

FAA type certificate for its new Boeing 

Model 787–8 passenger airplane. The 

company applied for an extension of 

time for the type certificate on March 9, 

2009, and was granted that extension on 

March 13, 2009. The Boeing Model 

787–8 airplane will be an all-new, twoengine, jet transport airplane with a 

two-aisle cabin. The maximum takeoff 

weight will be 476,000 pounds, with a 

maximum passenger capacity of 381. 

Type Certification Basis 

Under provisions of Title 14 Code of 

Federal Regulations (14 CFR) 21.17, 

Boeing must show that the Boeing 

Model 787–8 airplane (hereafter referred 

to as ‘‘the 787’’) meets the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–117, 25–120, 25–124, 25–125 and 

25–128, except that § 25.1309 remains at 

Amendment 25–117 for cargo-fire 

protection systems. 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 787 because of a novel 

or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to complying with the 

applicable airworthiness regulations 

and special conditions, the 787 must 

comply with the fuel-vent and exhaustemission requirements of 14 CFR part 

34, and the noise-certification 

requirements of 14 CFR part 36. In 

addition, the FAA must issue a finding 

of regulatory adequacy pursuant to 

section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

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 

§ 21.17(a)(2). 

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 features, the special conditions 

would also apply to the other model 

under provisions of § 21.101. 

Novel or Unusual Design Features 

Crew-rest compartments have been 

installed and certificated on several 

Boeing airplane models in locations as 

varied as the main passenger-seating 

area, the overhead space above the main 

passenger-cabin seating area, and below 

the passenger-cabin seating area within 

the cargo compartment. In each case, the 

Administrator has determined that the 

applicable regulations (i.e., 14 CFR part 

25) did not provide all of the necessary 

requirements because each installation 

had unique features by virtue of its 

design, location, and use on the 

airplane. The special conditions contain 

safety standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

Most recently for the Boeing Model 

777 series airplanes, the FAA has issued 

Special Conditions No. 25–230–SC, 

dated April 9, 2003, for crew-rest 

compartments allowed to be occupied 

by crewmembers and flight 

crewmembers during flight, and Special 

Conditions No. 25–260–SC, dated April 

14, 2004, for crew-rest compartments 

allowed to be occupied by 

crewmembers and flight crewmembers 

during TT&L, as well as during flight. 

The OCR compartment on the 787 

identified by Boeing as an overhead 

flight-attendant rest is located above the 

main passenger cabin, adjacent to Door 

4, and will be accessed from the main 

deck by stairs through a vestibule. This 

OCR compartment will contain six 

private berths, an emergency hatch that 

opens directly into the main passengercabin area, a smoke-detection system, an 

oxygen system, and various occupant 

amenities. This OCR compartment will 

only be occupied by trained 

crewmembers in flight. It will not be 


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