[Federal Register Volume 70, Number 4 (Thursday, January 6, 2005)]
[Rules and Regulations]
[Pages 1163-1169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-235]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM287; Special Conditions No. 25-281-SC]


Special Conditions: Airbus Model A330, A340-200 and A340-300 
Series Airplanes; Lower Deck Mobile Crew Rest (LD-MCR) Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Airbus Model A330, 
A340-200, and A340-300 series airplanes. These airplanes will have 
novel or unusual design features associated with a lower deck mobile 
crew rest (LD-MCR) 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.

EFFECTIVE DATE: December 23, 2004.

FOR FURTHER INFORMATION CONTACT: Tim Backman, FAA, International 
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington, 98055-4056; 
telephone (425) 227-2797; facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Background

    On March 20, 2003, Airbus applied for a change to Type Certificate 
Numbers A46NM and A43NM to permit installation of an LD-MCR compartment 
in Airbus Model A330, A340-200, and A340-300 series airplanes.
    The LD-MCR compartment will be located under the passenger cabin 
floor in the aft cargo compartment of Airbus Model A330, A340-200, and 
A340-300 series airplanes. It will be the size of a standard airfreight 
container and will be removable from the cargo compartment. The LD-MCR 
compartment will be occupied in flight but not during taxi, takeoff, or 
landing. No more than seven crewmembers at a time will be permitted to 
occupy it. The LD-MCR compartment will have a smoke detection system, a 
fire suppression system, and an oxygen system.
    The LD-MCR compartment will be accessed from the main deck via a 
``stairhouse.'' The floor within the stairhouse has a hatch that leads 
to stairs which occupants use to descend into the LD-MCR compartment. 
An interface will keep this hatch open when the stairhouse door is 
open. In addition, there will be an emergency hatch which opens 
directly into the main passenger cabin. The LD-MCR compartment has a 
maintenance door. This door is intended to be used to allow maintenance 
personnel and cargo handlers to enter the LD-MCR from the cargo 
compartment when the airplane is not in flight.

Type Certification Basis

    Under the provisions of Sec.  21.101, Airbus must show that Airbus 
Model A330, A340-200, and A340-300 series airplanes, as changed, 
continue to meet (1) the applicable provisions of the regulations 
incorporated by reference in A46NM (for Airbus Model A330) and in A43NM 
(for Airbus Model A340-200 and A340-300 series airplanes) or (2) the 
applicable regulations in effect on the date of application for the 
change. The regulations incorporated by reference in the type 
certificate are commonly referred to as the ``original type 
certification basis.'' The regulations incorporated by reference in 
A46NM and A43NM are as follows:
    The certification basis for Airbus Models A330-300, A340-200, and 
A340-300 series airplanes is 14 CFR part 25, as amended by Amendments 
25-1 through 25-63; certain regulations at later Amendments 25-65, 25-
66, and 25-77; and Amendment 25-64 with exceptions. Refer to Type 
Certificate Data Sheet (TCDS) A46NM or A43NM, as applicable, for a 
complete description of the certification basis for these models, 
including certain special conditions that are not relevant to these 
proposed special conditions.
    The certification basis for Airbus Model A330-200 series airplanes 
is 14 CFR part 25, as amended by Amendments 25-1 through 25-63, 25-65, 
25-66, 25-68, 25-69, 25-73, 25-75, 25-77, 25-78, 25-81, 25-82, 25-84 
and 25-85; certain regulations at Amendments 25-72 and 25-74; and 
Amendment 25-64 with exceptions. Refer to TCDS A46NM for a complete 
description of the certification basis for that model, including 
certain special conditions that are not relevant to these proposed 
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 Airbus Model A330, A340-200, and A340-
300 series airplanes because of a novel or unusual design feature, 
special conditions are prescribed under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, Airbus Model A330, A340-200, and A340-300 series airplanes 
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 defined in Sec.  11.19, are issued in 
accordance with Sec.  11.38 and become part of the type certification 
basis in accordance with Sec.  21.101.
    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 or similar 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same or similar novel or unusual design feature, the special conditions 
would also apply to the other model under the provisions of Sec.  
21.101.

Novel or Unusual Design Features

    While the installation of a crew rest compartment is not a new 
concept for large transport category airplanes, each crew rest 
compartment has unique features based on design, location, and use on 
the airplane. The LD-MCR compartment is novel in terms of part 25 in 
that it will be located below the passenger cabin floor in the aft 
cargo compartment of Airbus Model A330, A340-200, and A340-300 series 
airplanes. Due to the novel or unusual features associated with the 
installation of a LD-MCR compartment, special conditions are considered 
necessary to provide a level of safety equal to that established by the 
airworthiness regulations incorporated by reference in the type 
certificates of these airplanes. These special conditions do not negate 
the need to address other applicable part 25 regulations.

[[Page 1164]]

Operational Evaluations and Approval

    These special conditions specify requirements for design approvals 
(i.e., type design changes and supplemental type certificates) of LD-
MCR compartments administered by the FAA's Aircraft Certification 
Service. Prior to operational use of a LD-MCR compartment, the FAA's 
Flight Standards Service, Aircraft Evaluation Group (AEG), must 
evaluate and approve the ``basic suitability'' of the LD-MCR 
compartment for occupation by crewmembers. If an operator wishes to 
utilize a LD-MCR compartment as ``sleeping quarters,'' the LD-MCR 
compartment must undergo an additional operational evaluation and 
approval. The LD-MCR compartments will be evaluated for compliance to 
Sec. Sec.  121.485(a) and 121.523(b), with Advisory Circular 121-31 
providing one method of compliance to these operating regulations.
    To obtain an operational evaluation, the type design holder must 
contact the AEG within the Flight Standards Service which has 
operational approval authority for the project. In this instance, it is 
the Seattle AEG. The type design holder must request a ``basic 
suitability'' evaluation or a ``sleeping quarters'' evaluation of the 
crew rest. The type design holder may make these requests concurrently 
with the demonstration of compliance to these special conditions.
    The results of these evaluations will be documented in the A330, 
A340-200 and A340-300 Flight Standardization Board (FSB) Report 
Appendix. In discussions with their FAA Principal Operating Inspector 
(POI), individual operators may reference these standardized 
evaluations as the basis for an operational approval, in lieu of an on-
site operational evaluation.
    An operational re-evaluation and approval will be required for any 
changes to the approved LD-MCR compartment configuration, if the 
changes affect procedures for emergency egress of crewmembers, other 
safety procedures for crewmembers occupying the LD-MCR compartment, or 
training related to these procedures. The applicant for any such change 
is responsible for notifying the Seattle AEG that a new crew rest 
evaluation is required.
    All instructions for continued airworthiness (ICAW), including 
service bulletins, must be submitted to the Seattle AEG for approval 
acceptance before the FAA issues its approval of the modification.

Discussion of Special Conditions No. 9 and 12

    The following clarifies how Special Condition No. 9 should be 
understood relative to the requirements of Sec.  25.1439(a). Amendment 
25-38 modified the requirements of Sec.  25.1439(a) by adding the 
following language,

    In addition, protective breathing equipment must be installed in 
each isolated separate compartment in the airplane, including upper 
and lower lobe galleys, in which crewmember occupancy is permitted 
during flight for the maximum number of crewmembers expected to be 
in the area during any operation.

    Section 25.1439(a) requires protective breathing equipment (PBE) in 
isolated separate compartments in which crewmember occupancy is 
permitted. But the PBE requirements of Sec.  25.1439(a) are not 
appropriate in this case, because the LD-MCR compartment is novel and 
unusual in terms of the number of occupants.
    In 1976, when Amendment 25-38 was adopted, underfloor galleys were 
the only isolated compartments that had been certificated, with a 
maximum of two crewmembers expected to occupy those galleys. Special 
Condition No. 9 addresses PBE requirements for LD-MCR compartments, 
which can accommodate up to 7 crewmembers. This number of occupants in 
an isolated compartment was not envisioned at the time Amendment 25-38 
was adopted.
    In the event of a fire, an occupant's first action should be to 
leave the confined space, unless the occupant(s) is fighting the fire. 
It is not appropriate for all LD-MCR compartment occupants to don PBE. 
Taking the time to don the PBE would prolong the time for the 
occupant's emergency evacuation and possibly interfere with efforts to 
extinguish the fire.
    In regard to Special Condition No. 12, the FAA considers that, 
during the one minute smoke detection time, penetration of a small 
quantity of smoke from the LD-MCR compartment into an occupied area on 
this airplane configuration would be acceptable based upon the 
limitations placed in these special conditions. The FAA determination 
considers that the special conditions place sufficient restrictions in 
the quantity and type of material allowed in crew carry-on bags that 
the threat from a fire in this remote area would be equivalent to that 
experienced in the main cabin.

Discussion of Comments

    Notice of proposed special conditions No. 25-04-02-SC for the 
Airbus Model A330, A340-200 and A340-300 series airplanes was published 
in the Federal Register on September 3, 2004 (69 FR 53841). Several 
commenters submitted comments on the proposed special conditions.
    Proposed Special Condition 1(a) requires that there be appropriate 
placards displayed in a conspicuous place at each entrance to the LD-
MCR compartment.
    One commenter suggested that since cargo may be loaded through the 
maintenance door, the placard should be required to be outside the 
maintenance door.
    The FAA considers that the special condition is sufficient as 
written, because the maintenance door is strictly for accessing and 
servicing the LD-MCR. No cargo or baggage will be loaded through the 
maintenance door, and, therefore, a placard is not needed on the 
outside of the door.
    Proposed Special Condition 1(d) requires a means for any door 
installed between the LD-MCR and the passenger cabin to be quickly 
opened from ``inside'' the LD-MCR, even when crowding occurs at each 
side of the door.
    One commenter indicates that the requirement for quick opening 
during crowding should also apply if there is an attempt to open the 
door from the passenger cabin.
    This requirement addresses crew members who are exiting the mobile 
crew rest area and, therefore, do not have control of the area outside 
the door. When crew members are entering the LD-MCR, they would have 
sufficient control of the area outside the door to be able to enter the 
LD-MCR. Therefore, the FAA considers the special conditions sufficient 
to address this installation.
    Proposed Special Condition 2 requires two emergency evacuation 
routes which could be used by each occupant of the LD-MCR compartment 
to rapidly evacuate to the main cabin.
    One commenter states that the phrase ``each occupant'' in 14 CFR 
part 25 has been interpreted to mean a 5th percent female to a 95th 
percentile male. Yet the proposed Special Condition mentions only the 
95th percentile male when addressing means to evacuate an incapacitated 
crewmember. The commenter suggests that the FAA define ``each 
occupant'' as used in this Special Condition.
    In terms of evacuating an incapacitated crewmember, an 
incapacitated 95th percentile male is considered the ``worst case'' and 
is specifically addressed in the special conditions. The FAA concludes 
that

[[Page 1165]]

these special conditions are sufficient to address this installation.
    Proposed Special Condition 12, in the third paragraph, addresses 
built-in fire extinguisher systems in the LD-MCR. It proposes that the 
system ``must have adequate capacity to suppress any fire occurring in 
the LD-MCR compartment, considering the fire threat, the volume of the 
compartment, and the ventilation rate.''
    One commenter suggests that the Special Condition be revised to 
include the maximum approved Extended-Range Twin-Engine operations 
(ETOPS) diversion time for the airplane in the list of things to be 
considered when determining adequate capacity of the fire extinguisher 
system.
    The FAA does not concur. Since the certification regulations are 
design requirements and do not address the types of operation, the 
special conditions are intended to address only the design parameters 
of the LD-MCR. Therefore, these special conditions are considered 
sufficient to address this installation.
    Proposed Special Condition 16 requires that materials and 
mattresses comply with the flammability standards of 14 CFR Sec.  
25.853 (Compartment Interiors) at Amendment 25-66.
    One commenter states that--in Special Conditions No. 25-230-SC 
which were applied to Boeing's overhead crew rests--the FAA required 
that the materials comply with Sec.  25.853 at Amendment 25-83. The 
commenter asks for clarification of the reason that the lower lobe area 
allows for compliance with a lower amendment level of the design 
requirements.
    In response, the FAA notes that, before initiating these special 
conditions, we determined the applicable airworthiness standards for 
this design change in accordance with 14 CFR 21.101 and Advisory 
Circular 21.101-1. Because the LD-MCR is not a ``product level'' 
change, we do not consider this change ``significant'' for purposes of 
that regulation. Therefore, the applicable regulations are those 
specified in the type certificate for the airplane, and it is not 
necessary for the applicant to show compliance with later amendments. 
For the A330 and A340, the certification amendment level is Amendment 
25-66, whereas for the Boeing airplane, the certification amendment 
level is Amendment 25-83. In adopting special conditions in accordance 
with 14 CFR 21.16, we establish a level of safety equivalent to the 
applicable regulations. Therefore, the referenced amendment level is 
different for the two types of airplanes.
    Proposed Special Condition 19 requires that ``means must be 
provided to prevent access into the Class C cargo compartment during 
all airplane operations and to ensure that the maintenance door is 
closed during all airplane flight operations.
    One commenter suggests that the proposed special condition is 
confusing, because the FAA uses two very different phrases: ``airplane 
operations'' and ``airplane flight operations.'' The commenter asks 
that the FAA define the terms, since ``airplane operations'' seems to 
be broader than ``airplane flight operations.'' In addition, the 
commenter asks that the wording be revised to require that the door be 
``secured'' during flight operations, not just closed. The securing of 
this maintenance door during airplane operations is an important 
security measure to prevent passengers from accessing the cargo 
compartment or stowaways in the cargo compartment from accessing the 
airplane.
    The FAA concurs and will revise the special condition as follows:

    Means must be provided to prevent access into the Class C cargo 
compartment during all airplane flight operations and to ensure that 
the maintenance door is closed and secured during all airplane 
flight operations.

    Proposed Additional Special Conditions:
    One commenter suggests that there are some unique features of the 
LD-MCR that do not appear to be adequately covered by the proposed 
Special Condition.
    1. One of these features is that two means of access from the LD-
MCR to the main passenger compartment are required as part of the 
modification to the Airbus airplanes. Since the LD-MCR is removable, 
there must be provisions to secure the access means to eliminate any 
possibility of access between the cargo compartment and the passenger 
cabin when the LD-MCR is not installed.
    The FAA concurs, and the FAA considers these special conditions, 
specifically No. 19, sufficient to address the certification 
requirements for this installation.
    2. The commenter states that another unique feature of the LD-MCR 
is that it must connect to the airplane for electrical power and may 
have potable water and waste water attachments if it contains a 
lavatory. Since the LD-MCR is removable, those systems must be readily 
disconnected. As such, there should be requirements that ensure the 
integrity of those disconnects during a survivable crash landing, so 
that there are no sources of electrical arcing or the waste water 
system is not breached, possibly contaminating evacuating passengers.
    The FAA concurs, and the FAA considers the basic requirements of 14 
CFR part 25 and these special conditions sufficient to address the 
certification requirements for this installation.
    3. Finally, one commenter suggests that the facility should be 
physically isolated from the active areas and located close to the 
Flight Deck, so as to allow access to the flight deck without 
transiting public areas.
    In response, the FAA indicates that there are no current 
regulations which require a crew rest to be located such that the 
flight deck personnel have private access to the crew rest or do not 
have to pass through public areas to get to it. These requirements are 
not necessary to establish a level of safety equivalent to the 
regulations. The FAA concludes that these special conditions are 
sufficient to address the certification requirements for this crew rest 
installation.

Applicability

    As mentioned above, these special conditions are applicable to 
Airbus Model A330, A340-200 and A340-300 series airplanes. Should 
Airbus apply at a later date for a change to the type certificate to 
include another model incorporating the same or similar 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 Airbus 
Model A330, A340-200, and A340-300 is imminent, the FAA finds that good 
cause exists to make these special conditions effective upon issuance.

Conclusion

    This action affects only certain novel or unusual design features 
on the A330, A340-200, and A340-300 series airplanes. It is not a rule 
of general applicability, and it affects only the applicant which 
applied to the FAA for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
The authority citation for these special conditions is as follows:

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

[[Page 1166]]

The Special Conditions

0
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 certain Airbus Model A330, A340-200, 
and A340-300 series airplanes.
    1. Occupancy of the LD-MCR compartment is limited to the total 
number of installed bunks and seats in each compartment. For each 
occupant permitted in the LD-MCR compartment, there must be an approved 
seat or berth able to withstand the maximum flight loads when occupied. 
The maximum occupancy in the LD-MCR compartment is seven.
    (a) There must be appropriate placards displayed in a conspicuous 
place at each entrance to the LD-MCR compartment indicating the 
following information:
    (1) The maximum number of occupants allowed;
    (2) That occupancy is restricted to crewmembers trained in the 
evacuation procedures for the LD-MCR compartment;
    (3) That occupancy is prohibited during taxi, take-off and landing;
    (4) That smoking is prohibited in the LD-MCR compartment; and
    (5) That the LD-MCR compartment is limited to the stowage of 
personal luggage of crewmembers and must not be used for the stowage of 
cargo or passenger baggage.
    (b) There must be at least one ashtray located conspicuously on or 
near the entry side of any entrance to the LD-MCR compartment.
    (c) There must be a means to prevent passengers from entering the 
LD-MCR compartment in an emergency or when no flight attendant is 
present.
    (d) There must be a means for any door installed between the LD-MCR 
compartment and the passenger cabin to be capable of being quickly 
opened from inside the LD-MCR compartment, even when crowding occurs at 
each side of the door.
    (e) For all doors installed in the evacuation routes, there must be 
a means to preclude anyone from being trapped inside a compartment. If 
a locking mechanism is installed, it must be capable of being unlocked 
from the outside without the aid of special tools. The lock must not 
prevent opening from the inside of a compartment at any time.
    2. There must be at least two emergency evacuation routes, which 
could be used by each occupant of the LD-MCR compartment to rapidly 
evacuate to the main cabin and could be closed from the main passenger 
cabin after evacuation.
    (a) The routes must be located with one at each end of the LD-MCR 
compartment or with two having sufficient separation within the LD-MCR 
compartment and between the routes to minimize the possibility of an 
event (either inside or outside of the LD-MCR compartment) rendering 
both routes inoperative.
    (b) The routes must be designed to minimize the possibility of 
blockage, which might result from fire, mechanical or structural 
failure or from persons standing on top of or against the escape route. 
If an evacuation route utilizes an area where normal movement of 
passengers occurs, it must be demonstrated that passengers would not 
impede egress to the main deck. If a hatch is installed in an 
evacuation route, the point at which the evacuation route terminates in 
the passenger cabin should not be located where normal movement by 
passengers or crew occur, such as in a main aisle, cross aisle, 
passageway or galley complex.
    If such a location cannot be avoided, special consideration must be 
taken to ensure that the hatch or door can be opened when a person who 
is the weight of a ninety-fifth percentile male is standing on the 
hatch or door.
    The use of evacuation routes must not be dependent on any powered 
device. If there is low headroom at or near an evacuation route, 
provision must be made to prevent or to protect occupants of the LD-MCR 
compartment from head injury.
    (c) Emergency evacuation procedures, including the emergency 
evacuation of an incapacitated crewmember from the LD-MCR compartment, 
must be established. All of these procedures must be transmitted to the 
operator for incorporation into its training programs and appropriate 
operational manuals.
    (d) There must be a limitation in the Airplane Flight Manual or 
other suitable means requiring that crewmembers be trained in the use 
of evacuation routes.
    3. There must be a means for the evacuation of an incapacitated 
crewmember who is representative of a 95th percentile male from the LD-
MCR compartment to the passenger cabin floor. The evacuation must be 
demonstrated for all evacuation routes. A flight attendant or other 
crewmember (a total of one assistant within the LD-MCR compartment) may 
provide assistance in the evacuation. Additional assistance may be 
provided by up to three persons in the main passenger compartment. For 
evacuation routes having stairways, the additional assistants may 
descend down to one half the elevation change from the main deck to the 
LD-MCR compartment or to the first landing, whichever is higher.
    4. The following signs and placards must be provided in the LD-MCR 
compartment:
    (a) At least one exit sign which meets the requirements of Sec.  
25.812(b)(1)(i) at Amendment 25-58 must be located near each exit. 
However, a sign with reduced background area of no less than 5.3 square 
inches (excluding the letters) may be utilized, provided that it is 
installed such that the material surrounding the exit sign is light in 
color (e.g., white, cream, light beige). If the material surrounding 
the exit sign is not light in color, a sign with a minimum of a one-
inch wide background border around the letters would also be 
acceptable;
    (b) An appropriate placard which defines the location and the 
operating instructions for each evacuation route must be located near 
each exit;
    (c) Placards must be readable from a distance of 30 inches under 
emergency lighting conditions; and
    (d) The exit handles and the placards with the evacuation path 
operating instructions must be illuminated to at least 160 
microlamberts under emergency lighting conditions.
    5. There must be a means for emergency illumination to be 
automatically provided for the LD-MCR compartment in the event of 
failure of the main power system of the airplane or of the normal 
lighting system of the LD-MCR compartment.
    (a) This emergency illumination must be independent of the main 
lighting system.
    (b) The sources of general cabin illumination may be common to both 
the emergency and the main lighting systems, if the power supply to the 
emergency lighting system is independent of the power supply to the 
main lighting system.
    (c) The illumination level must be sufficient for the occupants of 
the LD-MCR compartment to locate and transfer to the main passenger 
cabin floor by means of each evacuation route.
    (d) The illumination level must be sufficient to locate a deployed 
oxygen mask with the privacy curtains in the closed position for each 
occupant of the LD-MCR compartment.
    6. There must be means for two-way voice communications between 
crewmembers on the flight deck and crewmembers in the LD-MCR 
compartment. Section 25.785(h) at Amendment 25-51 requires flight 
attendant seats near required floor level emergency exits. Each such 
exit seat on the aircraft must have a public address system microphone 
that allows two-way

[[Page 1167]]

voice communications between flight attendants and crewmembers in the 
LD-MCR compartment. One microphone may serve more than one such exit 
seat, provided the proximity of the exits allows unassisted verbal 
communications between seated flight attendants.
    7. There must be a means for manual activation of an aural 
emergency alarm system, audible during normal and emergency conditions, 
to enable crewmembers on the flight deck and at each pair of required 
floor-level emergency exits to alert crewmembers in the LD-MCR 
compartment of an emergency. Use of a public address or crew interphone 
system will be acceptable, provided an adequate means of 
differentiating between normal and emergency communications is 
incorporated. The system must be powered in flight for at least ten 
minutes after the shutdown or failure of all engines and auxiliary 
power units (APU) or the disconnection or failure of all power sources 
which are dependent on the continued operation of the engines and APUs.
    8. There must be a means--readily detectable by seated or standing 
occupants of the LD-MCR compartment--which indicates when seat belts 
should be fastened. If there are no seats, at least one means, such as 
sufficient handholds, must be provided to cover anticipated turbulence. 
Seat belt-type restraints must be provided for berths and must be 
compatible with the sleeping attitude during cruise conditions. There 
must be a placard on each berth indicating that seat belts must be 
fastened when the berth is occupied. If compliance with any of the 
other requirements of these special conditions is predicated on 
specific head location, there must be a placard specifying the head 
position.
    9. To provide a level of safety equivalent to that provided to 
occupants of a small isolated galley--in lieu of the requirements of 
Sec.  25.1439(a) at Amendment 25-38 that pertain to isolated 
compartments--the following equipment must be provided in the LD-MCR 
compartment:
    (a) At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur;
    (b) Two Personal Breathing Equipment (PBE) units approved to 
Technical Standard Order (TSO)-C116 or equivalent, which are suitable 
for fire fighting, or one PBE for each hand-held fire extinguisher, 
whichever is greater; and
    (c) One flashlight.


    Note: Additional PBEs and fire extinguishers in specific 
locations, beyond the minimum numbers prescribed in Special 
Condition No. 9, may be required as a result of any egress analysis 
accomplished to satisfy Special Condition No. 2(a).


    10. A smoke or fire detection system or systems must be provided to 
monitor each occupiable area within the LD-MCR compartment, including 
those areas partitioned by curtains. Flight tests must be conducted to 
show compliance with this requirement. Each smoke or fire detection 
system must provide the following:
    (a) A visual indication to the flight deck within one minute after 
the start of a fire;
    (b) An aural warning in the LD-MCR compartment; and
    (c) A warning in the main passenger cabin. This warning must be 
readily detectable by a flight attendant, taking into consideration the 
positioning of flight attendants throughout the main passenger 
compartment during various phases of flight.
    11. The LD-MCR compartment must be designed such that fires within 
it can be controlled without a crewmember having to enter the 
compartment or be designed such that crewmembers equipped for fire 
fighting have unrestricted access to the compartment. The time for a 
crewmember on the main deck to react to the fire alarm, don the fire 
fighting equipment, and gain access must not exceed the time for the 
compartment to become smoke-filled, making it difficult to locate the 
source of the fire.
    12. There must be a means provided to exclude hazardous quantities 
of smoke or extinguishing agent originating in the LD-MCR compartment 
from entering any other compartment occupied by crewmembers or 
passengers. This means must include the time periods during the 
evacuation of the LD-MCR compartment and, if applicable, when accessing 
the LD-MCR compartment to manually fight a fire. Smoke entering any 
other compartment occupied by crewmembers or passengers when the LD-MCR 
compartment is opened during an emergency evacuation must dissipate 
within five minutes after the LD-MCR compartment is closed.
    Hazardous quantities of smoke may not enter any other compartment 
occupied by crewmembers or passengers during subsequent access to 
manually fight a fire in the LD-MCR compartment. (The amount of smoke 
entrained by a firefighter exiting the LD-MCR compartment through the 
access is not considered hazardous.) During the one-minute smoke 
detection time, penetration of a small quantity of smoke from the LD-
MCR compartment into an occupied area is acceptable. Flight tests must 
be conducted to show compliance with this requirement.
    If a built-in fire suppression system is used in lieu of manual 
fire fighting, the fire suppression system must be designed so that no 
hazardous quantities of extinguishing agent will enter other 
compartments occupied by passengers or crewmembers. The system must 
have adequate capacity to suppress any fire occurring in the LD-MCR 
compartment, considering the fire threat, the volume of the compartment 
and the ventilation rate.
    13. For each seat and berth in the LD-MCR compartment, there must 
be a supplemental oxygen system equivalent to that provided for main 
deck passengers. The system must provide an aural and visual warning to 
alert the occupants of the LD-MCR compartment of the need to don oxygen 
masks in the event of decompression. The warning must activate before 
the cabin pressure altitude exceeds 15,000 feet. The aural warning must 
sound continuously for a minimum of five minutes or until a reset push 
button in the LD-MCR compartment is depressed. Procedures for 
crewmembers in the LD-MCR compartment to follow in the event of 
decompression must be established. These procedures must be transmitted 
to the operator for incorporation into their training programs and 
appropriate operational manuals.
    14. The following requirements apply to LD-MCR compartments that 
are divided into several sections by the installation of curtains or 
doors:
    (a) To warn crewmembers who may be sleeping, there must be an aural 
alert that accompanies automatic presentation of supplemental oxygen 
masks. The alert must be able to be heard in each section of the LD-MCR 
compartment. A visual indicator that occupants must don an oxygen mask 
is required in each section where seats or berths are not installed. A 
minimum of two supplemental oxygen masks is required for each seat or 
berth. There must also be a means to manually deploy the oxygen masks 
from the flight deck.
    (b) A placard is required adjacent to each curtain that visually 
divides or separates the LD-MCR compartment into small sections for 
privacy purposes. The placard must indicate that the curtain is to 
remain open when the private section it creates is unoccupied.
    (c) For each section created by the installation of a curtain, the 
following requirements of these special conditions

[[Page 1168]]

must be met both with the curtain open and with the curtain closed:
    (1) Emergency illumination (Special Condition No. 5);
    (2) Aural emergency alarm (Special Condition No. 7);
    (3) Fasten seat belt signal or return to seat signal as applicable 
(Special Condition No. 8); and
    (4) Smoke or fire detection (Special Condition No. 10).
    (d) Crew rest compartments visually divided to the extent that 
evacuation could be affected must have exit signs that direct occupants 
to the primary stairway exit. The exit signs must be provided in each 
separate section of the LD-MCR compartment and must meet the 
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58. An exit sign 
with reduced background area, as described in Special Condition No. 4. 
(a), may be used to meet this requirement.
    (e) For sections within a LD-MCR compartment that are created by 
the installation of a partition with a door separating the sections, 
the following requirements of these special conditions must be met with 
the door open and with the door closed:
    (1) There must be a secondary evacuation route from each section to 
the main deck, or it must be shown that any door between the sections 
has been designed to preclude anyone from being trapped inside the 
compartment. Removal of an incapacitated crewmember from this area must 
be considered. A secondary evacuation route from a small room designed 
for only one occupant for a short period of time, such as a changing 
area or lavatory, is not required. However, removal of an incapacitated 
occupant from this area must be considered.
    (2) Any door between the sections must be shown to be openable when 
crowded against, even when crowding occurs at each side of the door.
    (3) There may be no more than one door between any seat or berth 
and the primary stairway exit.
    (4) There must be exit signs in each section which meet the 
requirements of Sec.  25.812(b)(1)(i) at Amendment 25-58 that direct 
occupants to the primary stairway exit. An exit sign with reduced 
background area, as described in Special Condition No. 4.(a), may be 
used to meet this requirement.
    (5) Special Conditions No. 5 (emergency illumination), No. 7 (aural 
emergency alarm), No. 8 (fasten seat belt signal or return to seat 
signal as applicable) and No. 10 (smoke and fire detection) must be met 
both with the door open and the door closed.
    (6) Special Conditions No. 6 (two-way voice communication) and No. 
9 (PBE and other equipment) must be met independently for each separate 
section, except in lavatories or other small areas that are not 
intended to be occupied for extended periods of time.
    15. Where a waste disposal receptacle is fitted, it must be 
equipped with a built-in fire extinguisher designed to discharge 
automatically upon occurrence of a fire in the receptacle.
    16. Materials, including finishes or decorative surfaces applied to 
the materials, must comply with the flammability standards of Sec.  
25.853 at Amendment 25-66. Mattresses must comply with the flammability 
standards of Sec.  25.853(b) and (c) at Amendment 25-66.
    17. A lavatory within the LD-MCR compartment must meet the same 
requirements as a lavatory installed on the main deck, except with 
regard to Special Condition No. 10 for smoke detection.
    18. When a LD-MCR compartment is installed or enclosed as a 
removable module in part of a cargo compartment or is located directly 
adjacent to a cargo compartment without an intervening cargo 
compartment wall, the following conditions apply:
    (a) Any wall of the LD-MCR compartment--which forms part of the 
boundary of the reduced cargo compartment and is subject to direct 
flame impingement from a fire in the cargo compartment--and any 
interface item between the LD-MCR compartment and the airplane 
structure or systems must meet the applicable requirements of Sec.  
25.855 at Amendment 25-60.
    (b) Means must be provided to ensure that the fire protection level 
of the cargo compartment meets the applicable requirements of 
Sec. Sec.  25.855 at Amendment 25-60; 25.857 at Amendment 25-60; and 
25.858 at Amendment 25-54 when the LD-MCR compartment is not installed.
    (c) Use of each emergency evacuation route must not require 
occupants of the LD-MCR compartment to enter the cargo compartment in 
order to return to the passenger compartment.
    (d) The aural emergency alarm specified in Special Condition No. 7 
must sound in the LD-MCR compartment in the event of a fire in the 
cargo compartment.
    19. Means must be provided to prevent access into the Class C cargo 
compartment--whether or not the LD-MCR is installed--during all 
airplane flight operations and to ensure that the maintenance door is 
closed and secured during all airplane flight operations.
    20. All enclosed stowage compartments within the LD-MCR 
compartment--that are not limited to stowage of emergency equipment or 
airplane supplied equipment (i.e., bedding)--must meet the design 
criteria given in the table below. As indicated in the table, enclosed 
stowage compartments larger than 200 ft \3\ in interior volume are not 
addressed by this Special Condition. The in-flight accessibility of 
very large enclosed stowage compartments and the subsequent impact on 
the crewmembers' ability to effectively reach any part of the 
compartment with the contents of a hand fire extinguisher will require 
additional fire protection considerations similar to those required for 
inaccessible compartments such as Class C cargo compartments.

----------------------------------------------------------------------------------------------------------------
                                                       Interior volume of stowage compartment
     Fire protection features      -----------------------------------------------------------------------------
                                      Less than 25 ft\3\    25 ft\3\ to 57 ft\3\       57 ft\3\ to 200 ft\3\
----------------------------------------------------------------------------------------------------------------
Materials of Construction \1\.....  Yes..................  Yes..................  Yes.
Smoke or Fire Detectors \2\.......  No...................  Yes..................  Yes.
Liner \3\.........................  No...................  Conditional..........  Yes.
Location Detector \4\.............  No...................  Yes..................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ Material
The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet
  the flammability standards for interior components specified in Sec.   25.853. For compartments less than 25
  ft\3\ in interior volume, the design must ensure the ability to contain a fire likely to occur within the
  compartment under normal use.
\2\ Detectors
Enclosed stowage compartments with an interior volume which equals or exceeds 25 ft\3\ must be provided with a
  smoke or fire detection system to ensure that a fire can be detected within a one-minute detection time.
  Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must
  provide:
(a) A visual indication in the flight deck within one minute after the start of a fire;

[[Page 1169]]

 
(b) An aural warning in the LD-MCR compartment; and
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking
  into consideration the positioning of flight attendants throughout the main passenger compartment during
  various phases of flight.
\3\ Liner
If it can be shown that the material used to construct the stowage compartment meets the flammability
  requirements of a liner for a Class B cargo compartment, no liner would be required for enclosed stowage
  compartments equal to or greater than 25 ft\3\ but less than 57 ft\3\ in interior volume. For all enclosed
  stowage compartments equal to or greater than 57 ft\3\ but less than or equal to 200 ft\3\ in interior volume,
  a liner must be provided that meets the requirements of Sec.   25.855 at Amendment 25-60 for a class B cargo
  compartment.
\4\ Location Detector
LD-MCR compartments which contain enclosed stowage compartments with an interior volume which exceeds 25 ft\3\
  and which are located away from one central location, such as the entry to the LD-MCR compartment or a common
  area within the LD-MCR compartment, would require additional fire protection features or devices to assist the
  firefighter in determining the location of a fire.


    Issued in Renton, Washington, on December 29, 2004.
Kevin Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-235 Filed 1-5-05; 8:45 am]
BILLING CODE 4910-13-P