[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73469-73472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29029]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0668; Special Conditions No. 25-572-SC]


Special Conditions: AAR Engineering Services, Boeing 757-200 
Series Airplane; Seats With Non-Traditional, Large, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special condition; request for comments.

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SUMMARY: These special conditions are issued for the Boeing 757-200 
series airplane. This airplane, as modified by AAR Engineering 
Services, will have novel or unusual design features when compared to 
the state of technology envisioned in the airworthiness standards for 
transport-category airplanes. This design feature includes seats with 
non-traditional, large, non-metallic panels on Boeing 757-200 series 
airplanes. 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: This action is effective on AAR Engineering Services on December 
11, 2014. We must receive your comments by January 26, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-0668 
using any of the following methods:
    <bullet> Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
    <bullet> 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.
    <bullet> 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 8 a.m. and 5 p.m., 
Monday through Friday, except federal holidays.
    <bullet> 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

[[Page 73470]]

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 the 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: John Shelden, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2785; facsimile 425-227-1320.

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 
aircraft. In addition, the substance of these special conditions has 
been subject to the public-comment process in several prior instances 
with no substantive comments received. 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 on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On May 28, 2014, AAR Engineering Services applied for a 
supplemental type certificate for an interior reconfiguration that 
includes seats containing non-traditional, large, non-metallic panels 
on Boeing 757-200 series airplanes. The Boeing Model 757-200 series 
airplane, currently approved under Type Certificate No. A2NM, is a 
swept-wing, conventional-tail, twin-engine, turbofan-powered, single-
aisle, medium-sized transport-category airplane.
    The applicable regulations to airplanes currently approved under 
Type Certificate No. A2NM do not require seats to meet the more-
stringent flammability standards required of large, non-metallic panels 
in the cabin interior. At the time the applicable rules were written, 
seats were designed with a metal frame covered by fabric, not with 
large, non-metallic panels. Seats also met the then-recently adopted 
standards for flammability of seat cushions. With the seat design being 
mostly fabric and metal, their contribution to a fire in the cabin had 
been minimized and was not considered a threat. For these reasons, 
seats did not need to be tested to heat-release and smoke-emission 
requirements.
    Seat designs have now evolved to occasionally include large, non-
traditional, non-metallic panels. Taken in total, the surface area of 
these panels is on the same order as the sidewall and overhead-stowage-
bin interior panels. To provide the level of passenger protection 
established by the airworthiness standards, these large, non-
traditional, non-metallic panels in the cabin must meet the standards 
of Title 14, Code of Federal Regulations (CFR) part 25, Appendix F, 
parts IV and V, heat-release and smoke-emission requirements.

Type Certification Basis

    Under the provisions of Sec.  21.101, AAR Engineering Services must 
show that the Boeing Model 757-200, as changed, continues to meet the 
applicable provisions of the regulations listed in Type Certificate No. 
A2NM, 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 incorporated by reference in the type certificate 
are commonly referred to as the ``original type-certification basis.'' 
The regulations incorporated by reference in A2NM are as follows:
    Part 25, as amended by Amendment 25-1 through Amendment 25-45. In 
addition, an equivalent safety finding exists with respect to Sec.  
25.853(c), Compartment interiors.
    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 (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Boeing 757-200 series 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 or similar 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 
conditions, the Boeing 757-200 series airplane 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.
    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 757-200 series airplane will incorporate the following 
novel or unusual design feature:
    These models offer interior arrangements that include passenger 
seats that incorporate large, non-traditional, non-metallic panels in 
lieu of the traditional metal frame covered by fabric. The flammability 
properties of these panels have been shown to significantly affect the 
survivability of cabin occupants in the event of fire. These seats are 
considered a novel design for transport-category airplanes that include 
Amendment 25-61 and Amendment 25-66 in the certification basis, and 
were not considered when those airworthiness standards were 
established.
    The existing regulations do not provide adequate or appropriate 
safety standards for seat designs that incorporate large, non-
traditional, non-metallic panels in their designs. To provide a level 
of safety that is equivalent to that afforded to the balance of the 
cabin, additional airworthiness standards, in the form of special 
conditions, are necessary. These special conditions supplement Sec.  
25.853. The requirements contained in these special conditions consist 
of applying the identical test conditions, required of all other large 
panels in the cabin, to

[[Page 73471]]

seats with large, non-traditional, non-metallic panels.

Discussion

    In the early 1980s, the Federal Aviation Administration (FAA) 
conducted extensive research on the effects of post-crash flammability 
in the passenger cabin. As a result of this research and service 
experience, the FAA adopted new standards for interior surfaces 
associated with larger surface-area parts. Specifically, the rules 
require measurement of heat release and smoke emission (part 25, 
Appendix F, parts IV and V) for the affected parts. Heat release has 
been shown to have a direct correlation to post-crash fire-survival 
time. The materials that comply with the standards (e.g., Sec.  25.853, 
``Compartment Interiors,'' as amended by Amendments 25-61 and 25-66) 
were found to extend survival time by approximately two minutes over 
materials that do not comply.
    At the time Amendment 25-61 was written, the potential application 
of the requirement to seats was explored. The seat frame itself was not 
a concern because it was primarily made of aluminum and incorporated 
only small amounts of non-metallic materials (for example, a food-tray 
table and armrest closeout). The FAA determined that the overall effect 
on survivability was negligible, whether or not these panels met the 
heat-release and smoke-emission requirements. The requirements 
therefore did not address seats, and the preambles to both Notice of 
Proposed Rule Making (NPRM) 85-10 and the final rule (Amendment 25-61) 
specifically note that they were excluded ``. . . because the recently 
adopted standards for flammability of seat cushions will greatly 
inhibit involvement of the seats'' in their post-crash fire.
    In the late 1990s, when it became clear that seat designs were 
evolving to include large non-metallic panels with surface area that 
would impact survivability during a cabin-fire event compared to 
partitions or galleys, the FAA issued Policy Memorandum 97-112-39. This 
memo noted that large surface-area panels must comply with heat-release 
and smoke-emission requirements, even if they were attached to a seat. 
If the FAA had not issued such policy, seat designs would have been an 
exception to the airworthiness standards, which could result in an 
unacceptable decrease in survivability during a cabin-fire event.

Definition of ``Large, Non-Traditional, Non-Metallic panel''

    A large, non-traditional panel, in this case, is defined as a panel 
with exposed-surface areas greater than 1.5 square feet installed per 
seat place. The panel may consist of either a single component or 
multiple components in a concentrated area. Examples of non-traditional 
areas include, but are not limited to, seat backs, bottoms and leg/foot 
rests, kick panels, back shells, and associated furniture. Examples of 
traditional, exempted areas include, but are not limited to, arm caps, 
armrest close-outs, and items such as end-bays and center consoles, 
food trays, video monitors, and shrouds.

Clarification of ``Exposed''

    ``Exposed'' is considered to include those panels directly exposed 
to the passenger cabin in the traditional sense, plus those panels 
enveloped, such as by a dress cover. Traditional fabrics or leathers 
currently used on seats are excluded from the special conditions. These 
materials must still comply with Sec.  25.853(a) and (c) if used as a 
covering for a seat cushion, or Sec.  25.853(a) if installed elsewhere 
on the seat. Large, non-metallic panels covered with traditional 
fabrics or leathers will be tested without their coverings or covering 
attachments.
    Due to the way the aircraft industry manufactures seats and 
airplanes, the FAA recognizes that seat procurement is a long lead-time 
process. The FAA also recognizes that airplane operators value fleet 
commonality when buying airplane seats. However, special conditions, by 
definition, apply to the novel product and become effective on or 
shortly after their Federal Register publication date. The FAA has 
determined the applicability of these special conditions to be focused 
on new-seat certification programs. Because of the unique nature of the 
seats with non-traditional, large, non-metallic panels, the FAA has 
developed a unique definition of ``new-seat certification program'' and 
of ``previously certified.'' This latter definition is unique because 
it has to be made at the seat type-design level, not at the aircraft 
type-design level.
    In the context of this special condition only, not to be extended 
to other areas of aircraft certification for the reasons stated above, 
the FAA defines ``new seat certification program'' and ``previously 
certified'' as follows:

New-Seat Certification Program

    Seats presented for new-installation certification, and that are 
newly designed and manufactured, must comply with the special 
conditions. Any modification (change) to an existing or new non-
traditional large non-metallic panel on a seat would be considered a 
new program, and all non-traditional panels on the seat would need to 
comply with the special conditions.

Previously Certified

    Seats that have previously been designed, manufactured, and are in 
service or presented to go into service would not have to comply with 
this special condition, unless the large panels were being modified.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing 757-200 series airplane as modified by AAR Aircraft Services. 
Should AAR Aircraft Services apply at a later date for a supplemental 
type certificate to modify any other model included on Type Certificate 
No. A2NM to incorporate the same novel or unusual design feature, these 
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
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.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon publication in the Federal Register. The FAA is 
requesting comments to allow interested persons to submit views that 
may not have been submitted in response to the prior opportunities for 
comment described above.

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.

[[Page 73472]]

The Special Conditions

    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 757-200 airplanes 
modified by AAR Engineering Services:
    1. Compliance with 14 CFR part 25, Appendix F, parts IV and V, heat 
release and smoke emission, is required for seats that incorporate 
large, non-traditional, non-metallic panels that may either be a single 
component or multiple components in a concentrated area in their 
design.
    2. The applicant may designate up to and including 1.5 square feet 
of non-traditional, non-metallic panel material per seat place that 
does not have to comply with No. 1. A triple seat assembly may have a 
total of 4.5 square feet excluded on any portion of the assembly (e.g., 
outboard seat place 1 sq. ft., middle 1 sq. ft., and inboard 2.5 sq. 
ft.).
    3. Seats need not meet the test requirements of part 25 Appendix F, 
parts IV and V when installed in compartments that are not otherwise 
required to meet these requirements. Examples include:
    a. Airplanes with passenger capacities of 19 or fewer.
    b. Airplanes that do not have smoke emission and heat release in 
their certification basis and do not need to comply with the 
requirements of 14 CFR 121.312.
    c. Airplanes exempted from heat-release and smoke-emission 
requirements.
    4. Only airplanes associated with new-seat certification programs 
approved after the effective date of these special conditions will be 
affected by the requirements in these special conditions. Previously 
certificated interiors on the existing airplane fleet and follow-on 
deliveries of airplanes with previously certificated interiors are not 
affected.

    Issued in Renton, Washington, on November 13, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-29029 Filed 12-10-14; 8:45 am]
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