Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30423

(B) Notice and decision. The notice of

intent to revoke shall contain a detailed

statement of the grounds for the

revocation and the time period allowed

for the petitioner’s rebuttal. The

petitioner may submit evidence in

rebuttal within 30 days of receipt of the

notice. The director shall consider all

relevant evidence presented in deciding

whether to revoke the petition in whole

or in part. If the petition is revoked in

part, the remainder of the petition shall

remain approved and a revised approval

notice shall be sent to the petitioner

with the revocation notice.

* * * * *

(15) * * *

(ii) * * *

(A) * * *

(B) H–1B extension of stay—(1) Alien

in a specialty occupation or an alien of

distinguished merit and ability in the

field of fashion modeling. An extension

of stay may be authorized for a period

of up to 3 years for a beneficiary of an

H–1B petition in a specialty occupation

or an alien of distinguished merit and

ability. The alien’s total period of stay

may not exceed 6 years. The request for

an extension must be accompanied by

either a new certification from the

Department of Labor valid for the

extension period requested, or a

photocopy of the prior certification from

the Department of Labor indicating that

the petitioner has on file a labor

condition application valid for the

period of time requested by the

petitioner for the particular occupation.

The director may require the petitioner

to submit any evidence which in the

director’s discretion may be necessary to

establish that the petitioner has

employed the alien pursuant to the

terms of the prior petition(s) and labor

condition application(s).

* * * * *

Dated: May 29, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–14785 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM148; Notice No. 25–98–03–

SC]

Special Conditions: Boeing Model 777

Series Airplanes; Seats With

Articulating Seat Backs

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This notice proposes special

conditions for Boeing Model 777 series

airplanes. These airplanes will have

novel and unusual design features

associated with seats with articulating

seat backs. The applicable regulations

do not contain adequate or appropriate

safety standards for this design feature.

The proposed special conditions

contain the additional safety standards

that the Administrator considers

necessary to establish a level of safety

equivalent to that provided by the

existing airworthiness standards.

DATES: Comments must be received on

or before July 20, 1998.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Office of the

Regional Counsel, Attn: Rules Docket

(ANM–7), Docket No. NM148, 1601

Lind Avenue SW, Renton, Washington,

98055–4506; or delivered in duplicate to

the Office of the Regional Counsel at the

above address. Comments must be

marked: Docket No. NM148. Comments

may be inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeff

Gardlin, Propulsion, Mechanical

Systems, and Crashworthiness Branch,

ANM–112, Transport Airplane

Directorate, Aircraft Certification

Service, FAA, 1601 Lind Avenue SW.,

Renton, Washington 98055–4056;

telephone (206) 227–2136; facsimile

(425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of these

special conditions by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the regulatory docket or

notice number and be submitted in

duplicate to the address specified above.

All communications received on or

before the closing date for comments

will be considered by the Administrator.

The proposals described in this notice

may be changed in light of the

comments received. All comments

submitted will be available in the Rules

Docket for examination by interested

persons, both before and after the

closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this request

must submit with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to Docket No. NM148.’’ The

postcard will be date stamped and

returned to the commenter.

Background

On April 15, 1998, the Boeing

Company applied for a change to Type

Certificate No. T00001SE to include

Model 777 series airplanes equipped

with seats with articulating seat backs

(seats that have a portion of the seat

back that moves under inertia loads).

Sicma Aero Seat, a Boeing supplier, has

designed a seat for installation on a

Boeing 777–300 airplane with an

articulating seat back that is designed to

rotate forward under a prescribed

inertial load. The prescribed inertial

load is slightly below the 16g test

condition of § 25.562. The inertial load

causes the seat back mounted video

monitor and headrest assembly to

partially separate from the seat back and

pivot forward. The goal of the design is

to reduce the mass of the upper seat

back subject to impact, thereby reducing

the Head Injury Criteria (HIC)

measurement and enhancing passenger

safety.

Section 25.562 specifies that dynamic

tests must be conducted for each seat

type installed in the airplane. The pass/

fail criteria for these seats include

structural as well as human tolerance

criteria. In particular, the regulations

require that persons not suffer serious

head injury under the conditions

specified in the tests, and that a HIC

measurement of not more than 1000

units be recorded, should contact with

the cabin interior occur. While the test

conditions described in this section are

specific, it is the intent of the

requirement that an adequate level of

head injury protection be provided for

crash severities up to and including that

specified.

The FAA has established guidance,

known as ‘‘simplified HIC certification,’’

which provides a simplified procedure

for demonstrating compliance with the

HIC requirements of § 25.562(c)(5). This

procedure provides test conditions that

meet the intent of the requirements,

without causing excessive testing to be

performed. The typical seat back has

three areas that are considered head

strike zones within the +/¥10 degree

yaw range of impact orientation. The

procedure describes two different tests

that address these three head strike

zones for the majority of cases.

Because § 25.562 and FAA guidance

do not adequately address seats with

articulating seat backs, the FAA

recognizes that appropriate pass/fail
30424 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

criteria need to be developed that do

fully address the safety concerns

specific to occupants of these seats.

Type Certification Basis

Under the provisions of 14 CFR

§ 21.101, Boeing must show that Model

777 airplanes equipped with seats with

articulating seat backs comply with the

regulations in the U.S. type certification

basis established for the Model 777

airplane. The U.S. type certification

basis for the Model 777 is established in

accordance with 14 CFR §§ 21.29 and

21.17 and the type certification

application date. The U.S. type

certification basis is listed in Type

Certificate Data Sheet No. T00001SE.

If the Administrator finds that the

applicable airworthiness regulations

(i.e., 14 CFR Part 25 as amended) do not

contain adequate or appropriate safety

standards for Boeing Model 777 series

airplanes because of a novel or unusual

design feature, special conditions are

prescribed under the provisions of 14

CFR § 21.16 to establish a level of safety

equivalent to that established in the

regulations.

In addition to the applicable

airworthiness regulations and special

conditions, the Boeing Model 777 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.

Special conditions, as appropriate, are

issued in accordance with 14 CFR

§ 11.49 after public notice, as required

by 14 CFR §§ 11.28 and 11.29(b), and

become part of the type certification

basis in accordance with 14 CFR

§ 21.101(b)(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 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

under the provisions of § 21.101(a)(1).

Novel or Unusual Design Features

The Boeing Company is proposing

installing seats with articulating seat

backs on a Boeing Model 777–300

airplane. The articulating seat back is

designed to rotate forward under a

prescribed inertial load. The prescribed

inertial load is slightly below the 16g

test condition specified in § 25.562. The

inertial load causes the seat back

mounted video monitor and headrest

assembly to partially separate from the

seat back and pivot forward. The goal of

the design is to reduce the mass of the

upper seat back subject to impact,

thereby reducing the HIC and enhancing

passenger safety.

The Federal Aviation Regulations

(FAR) state the performance criteria for

head injury protection in objective

terms. Further guidance in addressing

head injury protection for the majority

of cases is described in the above

mentioned Transport Airplane

Directorate memorandum. However,

none of these criteria are adequate to

address the specific issues raised

concerning seats with articulating seat

backs. The FAA has therefore

determined that, in addition to the

requirements of 14 CFR part 25, special

conditions are needed to address

requirements particular to installation of

seats with articulating seat backs.

Accordingly, in addition to the

passenger injury criteria specified in 14

CFR §§ 25.562 and 25.785, these special

conditions are proposed for the Boeing

Model 777 series airplanes equipped

with seats with articulating seat backs.

Note that HIC, which is addressed in

this proposed special condition, does

not address occupant injury due to

contact with sharp edges or protrusions.

Damage to the anthropomorphic test

device (ATD) will be used as part of the

evaluation of protrusions and sharp

edges in demonstrating compliance with

§ 25.785(b). Other conditions may be

developed, as needed, based on further

FAA review and discussions with the

manufacturer and civil aviation

authorities.

Discussion

The seat with the articulating seat

back is a new and complex design that

warrants additional requirements to

ensure an equivalent level of safety to

that provided by the regulations. This

seat reduces the effective mass that an

occupant contacts during a high inertial

load, thereby increasing the amount of

head injury protection. However,

additional considerations are necessary

to ensure that the articulating seat back

design does not introduce other hazards

to occupants. If the articulating seat

back fails to break away at the designed

inertial load, the seat back may remain

rigid, resulting in a significantly higher

head injury than allowed for in the

regulations. To ensure that the occupant

does not contact a rigid seat back, the

seat back must break away each time the

designed break away inertial load is

encountered.

In addition, it is important to evaluate

the articulating seat back at lower values

than the designed break away inertial

load. During a lower inertial load (e.g.,

10g), the occupant may contact the seat.

Since the seat will not break away prior

to the occupant contacting the seat

during this lower inertial load, the

occupant may receive a more severe

head injury than during an event

occurring at the designed break away

inertial load. The intent of the

regulations is that the occupant is

protected from head injury for crash

severities up to and including that

specified.

When the articulating seat back breaks

away, the video monitor pivots and

moves forward, leaving a rectangular

opening in the seat back. This opening

could pose an entrapment hazard to the

person seated behind the seat. During

any testing for certification, the head

must not become entrapped. In

addition, the head must not become

entrapped in any other foreseeable

operating conditions for the range of

occupants.

The articulating seat back may have

protrusions and/or recessed areas (i.e.,

bottom lip of the seat back opening) that

pose a head injury hazard to the

occupant during emergency conditions.

As stated in § 25.562(c)(5), the head

impact for a seat occupant cannot

exceed a HIC of 1,000 units. The

‘‘simplified HIC certification’’ procedure

is commonly used to demonstrate

compliance with § 25.562(c)(5). Due to

the non-standard articulating seat back

configuration, the ‘‘simplified HIC

certification’’ procedure alone may not

be sufficient for demonstrating

compliance with § 25.562(c)(5). The

ATD must come in contact with these

protrusions or recessed areas of the seat

back opening during testing. If the ATD

does not contact these areas using the

‘‘simplified HIC certification’’

procedure, additional testing will be

required to demonstrate compliance

with § 25.562(c)(5).

The first delivery of a Model 777–300

airplane with these additional novel or

unusual design features is currently

scheduled for October of 1998, with the

certification program scheduled to begin

in May. Because a delay would

significantly affect the applicant’s

testing, installation, and type

certification of these seats, the public

comment period is 30 days.

Applicability

As discussed above, these special

conditions are applicable to the Model

777 series airplanes. 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

well under the provisions of 14 CFR

§ 21.101(a)(1).
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30425

Conclusion

This action affects only certain novel

or unusual design features on the

Boeing Model 777 series airplanes. It is

not a rule of general applicability, and

it affects only the manufacturer who

applied to the FAA for approval of these

features on the airplane.

List of subjects in 14 CFR Part 25

Air transportation, Aircraft, Aviation

safety, Safety.

The authority citation for these

proposed special conditions is as

follows:

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

44702, 44704.

The Proposed Special Conditions

Accordingly, the Federal Aviation

Administration proposes the following

special conditions as part of the type

certification basis for the Boeing Model

777 series airplanes equipped with seats

with articulating seat backs:

1. The articulating seat back must

reliably break away at the designed

inertial load.

2. The seat must provide an

equivalent level of head injury

protection under the maximum inertia

loading conditions under which the

articulating seat back will not break

away. The HIC value must not exceed

1,000 units at any time prior to break

away.

3. The head must not become

entrapped in the seat back opening

created by the articulating seat back,

during any testing conducted to

demonstrate compliance with §§ 25.562

and 25.785(b), and these special

conditions. The head must also not

become entrapped in the seat back

opening during any other foreseeable

operating or crash conditions.

4. The HIC must not exceed 1,000

units for any obvious protrusions or

recessed areas of the seat back opening

(i.e., bottom lip of the seat back

opening). The anthropomorphic test

device (ATD) must come in contact with

these protrusions or recessed areas of

the seat back opening.

5. It must be shown that the

additional breakaway features of the

articulating seat back do not pose an

entrapment hazard to the occupant of a

seat having these features and impacted

from the rear.

Issued in Renton, Washington, on May 27,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service,

ANM–100.

[FR Doc. 98–14882 Filed 6–3–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–118–AD]

RIN 2120–AA64

Airworthiness Directives; Aerospatiale

Model ATR72 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Aerospatiale Model ATR72

series airplanes. This proposal would

require a one-time inspection of certain

anchor nuts located on the upper

surface of the wings to detect damage,

and replacement of the anchor nuts with

new or serviceable nuts, if necessary.

This proposal is prompted by issuance

of mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by the proposed AD are

intended to prevent failure of anchor

nuts on the upper surface of the wings,

which could result in reduced structural

integrity of the airplane.

DATES: Comments must be received by

July 6, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

118–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–118–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

98–NM–118–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

notified the FAA that an unsafe

condition may exist on certain

Aerospatiale Model ATR72 series

airplanes. The DGAC advises that

certain anchor nuts located on the upper

skin panel of the wings were found to

have failed. This failure has been

attributed to quality defects during

manufacture of a batch of the anchor

nuts, which may cause the nuts to

rupture after the tightening of

corresponding screws. Such failures, if

not corrected, could result in reduced

structural integrity of the airplane.

Explanation of Relevant Service

Information

The manufacturer has issued Avions

de Transport Regional Service Bulletin

ATR72–57–1019, dated July 7, 1997,

which describes procedures for a onetime inspection of certain anchor nuts

located on the upper surface of the