23612 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

Country/locality of origin Common name Botanical name Plant part(s) Additional requirements 

* * * * * * * 

Taiwan: 

* * * * * * * 

Longan .............................. Dimocarpus longan ........... Fruit and stems ................. (b)(2)(v), (b)(3), (b)(5)(xv), 

(b)(5)(xvii). 

* * * * * * * 

* * * * * 

(b) * * * 

(5) * * * 

(xvii) Must be accompanied by a 

phytosanitary certificate issued by the 

national plant protection organization of 

the exporting country of origin with an 

additional declaration stating that the 

fruit is free of Conogethes punctiferalis, 

Cryptophlebia ombrodelta, and 

Rhipiphorothrips cruentatus. 

(Approved by the Office of Management and 

Budget under control numbers 0579–0049, 

0579–0236, 0579–0264, 0579–0316, and 

0579–0351) 

Done in Washington, DC, this 14th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–11735 Filed 5–19–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM404; Special Conditions No. 

25–382–SC] 

Special Conditions: Boeing Model 757 

Series Airplanes; Seats with NonTraditional, Large, Non-Metallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for Boeing Model 757 series 

airplanes. These airplanes, as modified 

by Northwest Airspace Technologies, 

Inc., will have a novel or unusual design 

feature associated with seats that 

include non-traditional, large, nonmetallic panels that would affect 

survivability during a post-crash fire 

event. 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: The effective date of these 

special conditions is May 11, 2009. We 

must receive your comments by July 6, 

2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM404, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM404. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: John 

Shelden, FAA, Airframe/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) 227–1232. 

SUPPLEMENTARY INFORMATION: 

Future Requests for Installation of Seats 

With Non-Traditional, Large, NonMetallic Panels 

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 return to service of the affected 

aircraft. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

We anticipate that seats with nontraditional, large, non-metallic panels 

will be installed in other makes and 

models of airplanes. We have made the 

determination to require special 

conditions for all applications 

requesting the installation of seats with 

non-traditional, large, non-metallic 

panels until the airworthiness 

requirements can be revised to address 

this issue. Having the same standards 

across the range of airplane makes and 

models will ensure consistent ruling for 

the aviation industry. 

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 ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

If you want us to acknowledge receipt 

of your comments on these special 

conditions, include with your 

comments a self-addressed, stamped 

postcard on which you have written the 

docket number. We will stamp the date 

on the postcard and mail it back to you. 

Background 

On March 6, 2008, Northwest 

Airspace Technologies, Inc. (NAT), 2210 

Hewitt Avenue, Suite 300, Everett, WA 

98201, applied for a supplemental type 

certificate for installing seats that 

include non-traditional, large, nonmetallic panels in a Boeing Model 757 

series airplane. The Boeing Model 757 

series airplanes, currently approved 

under Type Certificate No. A2NM, are 

swept-wing, conventional-tail, twinengine, turbofan-powered, single-aisle, 

medium-sized, transport-category 

airplanes. 

The applicable regulations to 

airplanes currently approved under 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 23613 

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 non-traditional, 

large, 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 intended by the 

airworthiness standards, these nontraditional, large, 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 14 CFR 

21.101, NAT must show that the Boeing 

Model 757 series airplanes, as changed, 

continue to meet the applicable 

provisions of the regulations 

incorporated by reference in Type 

Certificate No. A2NM, or 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 Type 

Certificate No. A2NM are as follows: 

• For Model 757–200 airplanes: Part 

25, as amended by Amendment 25–1 

through Amendment 25–45. In addition, 

an equivalent safety finding exists with 

respect to § 25.853(c), Compartment 

interiors. 

• For Model 757–300 airplanes: part 

25, as amended by Amendment 25–1 

through Amendment 25–85 with the 

exception listed: § 25.853(d)(3), 

Compartment interiors, at Amendment 

25–72. 

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 

(i.e., part 25) do not contain adequate or 

appropriate safety standards for the 

Boeing Model 757 series airplanes 

because of a novel or unusual design 

feature, special conditions are 

prescribed under the provisions of 

§ 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Boeing Model 757 series 

airplanes must comply with the fuelvent and exhaust-emission requirements 

of 14 CFR part 34, and the noisecertification requirements of 14 CFR 

part 36. 

The FAA issues special conditions, as 

defined in §§ 11.19 and 11.38, and they 

become part of the type certification 

basis under § 21.101. 

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, the special conditions would 

also apply to the other model under 

§ 21.101. 

Novel or Unusual Design Features 

The Boeing Model 757 series 

airplanes will incorporate the following 

novel or unusual design feature: These 

models offer interior arrangements that 

include passenger seats that incorporate 

non-traditional, large, 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 the cabin in the case 

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 non-traditional, large, nonmetallic 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 § 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 

seats with non-traditional, large, nonmetallic panels. 

A non-traditional, large, non-metallic 

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 parts of 

the seat where these non-traditional 

panels are installed include, but are not 

limited to: seat backs, bottoms and leg/ 

foot rests, kick panels, back shells, 

credenzas, and associated furniture. 

Examples of traditional exempted parts 

of the seat include: arm caps, armrest 

close-outs such as end bays and armreststyled center consoles, food trays, video 

monitors, and shrouds. 

Clarification of ‘‘Exposed’’ 

‘‘Exposed’’ is considered to include 

panels that are directly exposed to the 

passenger cabin in the traditional sense, 

and panels that are enveloped, such as 

by a dress cover. Traditional fabrics or 

leathers currently used on seats are 

excluded from these special conditions. 

These materials must still comply with 

§ 25.853(a) and § 25.853(c) if used as a 

covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional, large, non-metallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Discussion 

In the early 1980s, the FAA 

conducted extensive research on the 

effects of post-crash flammability in the 

passenger cabin. As a result of this 

research and service experience, we 

adopted new standards for interior 

surfaces associated with large surfacearea 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 with post-crash fire-survival 

time. Materials that comply with the 

standards (i.e., § 25.853 entitled 

‘‘Compartment interiors’’ as amended by 

Amendment 25–61 and Amendment 

25–66) extend survival time by 

approximately 2 minutes over materials 

that do not comply. 

At the time these standards were 

written, the potential application of the 

requirements of heat release and smoke 

emission to seats was explored. The seat 

frame itself was not a concern because 

it was primarily made of aluminum and 

included only small amounts of nonmetallic materials. We determined that 

the overall effect of these materials on 

survivability was negligible, whether or 

not the food trays met the heat-release 

and smoke-emission requirements. The 

requirements therefore did not address 

seats. The preambles to both the Notice 

of Proposed Rule Making (NPRM), 

Notice No. 85–10 (50 FR 15038, April 

16, 1985), and the Final Rule at 

23614 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Rules and Regulations 

Amendment 25–61 (51 FR 26206, July 

21, 1986), specifically note that seats 

were excluded ‘‘because the recentlyadopted standards for flammability of 

seat cushions will greatly inhibit 

involvement of the seats.’’ 

Subsequently, the Final Rule at 

Amendment 25–83 (60 FR 6615, March 

6, 1995) clarified the definition of 

minimum panel size: ‘‘It is not possible 

to cite a specific size that will apply in 

all installations; however, as a general 

rule, components with exposed-surface 

areas of one square foot or less may be 

considered small enough that they do 

not have to meet the new standards. 

Components with exposed-surface areas 

greater than two square feet may be 

considered large enough that they do 

have to meet the new standards. Those 

with exposed-surface areas greater than 

one square foot, but less than two square 

feet, must be considered in conjunction 

with the areas of the cabin in which 

they are installed before a determination 

could be made.’’ 

On October 17, 1997, the FAA issued 

Policy Memorandum 97–112–39, 

Guidance for Flammability Testing of 

Seat/Console Installations, (http:// 

rgl.faa.gov). That memo was issued 

when it became clear that seat designs 

were evolving to include large, nonmetallic panels with surface areas that 

would impact survivability during a 

cabin-fire event, comparable to 

partitions or galleys. The memo noted 

that large-surface-area panels must 

comply with heat-release and smokeemission requirements, even if they 

were attached to a seat. If the FAA had 

not issued such policy, seat designs 

could have been viewed as a loophole 

to the airworthiness standards that 

would result in an unacceptable 

decrease in survivability during a cabinfire event. 

In October 2004, we focused attention 

on the appropriate flammability 

standards for passenger seats that 

incorporated non-traditional, large, nonmetallic panels in lieu of the traditional 

fabric-covered metal. The Seattle 

Aircraft Certification Office and 

Transport Standards Staff reviewed this 

design and determined that it 

represented the kind and quantity of 

material that should be required to pass 

the heat-release and smoke-emissions 

requirements. We have determined that 

special conditions would be issued to 

apply the standards defined in 

§ 25.853(d) to seats designed with large, 

non-metallic panels. 

Applicability 

As discussed above, these special 

conditions are applicable to Boeing 

Model 757 series airplanes. It is not our 

intent, however, to require seats with 

large, non-metallic panels to meet 

§ 25.853, Appendix F, parts IV and V, if 

they are installed in cabins of airplanes 

that otherwise are not required to meet 

these standards. Because the heatrelease and smoke-emission testing 

requirements of § 25.853 per Appendix 

F, parts IV and V, are not part of the 

type-certification basis of the Model 

757, these special conditions are only 

applicable if the Model 757 series 

airplanes are in 14 CFR part 121 

operations. Section 121.312 requires 

compliance with the heat-release and 

smoke-emission testing requirements of 

§ 25.853, for certain airplanes, 

irrespective of the type-certification 

bases of those airplanes. For Model 757 

series airplanes, these are the airplanes 

that would be affected by these special 

conditions. Should NAT 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, the special conditions 

would apply to that model as well. 

Conclusion 

This action affects only certain novel 

or unusual design features on one model 

series of airplanes. It is not a rule of 

general applicability and it affects only 

the applicant who applied to the FAA 

for approval of these features on the 

airplane. 

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 

return-to-service date for the Boeing 

Model 757 series airplane, modified by 

NAT, is imminent, the FAA finds that 

good cause exists to make these special 

conditions effective upon issuance. 

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. 

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 series 

airplanes modified by NAT. 

1. Except as provided in paragraph 3 

of these special conditions, compliance 

with Title 14 CFR part 25, Appendix F, 

parts IV and V, heat release and smoke 

emission, is required for seats that 

incorporate non-traditional, large, nonmetallic 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 nontraditional, non-metallic panel material 

per seat place that does not have to 

comply with special condition (1), 

above. 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 square foot; 

middle, 1 square foot; and inboard, 2.5 

square feet). 

3. Seats do not have to meet the test 

requirements of Title 14 CFR 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 less, 

b. Airplanes that do not have § 25.853, 

Amendment 25–61 or later, in their 

certification basis and do not need to 

comply with the requirements of 14 CFR 

121.312, and 

c. Airplanes exempted from § 25.853, 

Amendment 25–61 or later. 

Issued in Renton, Washington, on May 11, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11723 Filed 5–19–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0462; Directorate 

Identifier 2009–NM–063–AD; Amendment 

39–15913; AD 2009–11–03] 

RIN 2120–AA64 

Airworthiness Directives; Lockheed 

Model 382, 382B, 382E, 382F, and 382G 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Lockheed Model 382, 382B, 382E, 382F, 

and 382G series airplanes. This AD 

requires an inspection to identify 

discrepant barrel nuts in the upper wing 

joint, engine truss, and rear beam pylon 

support; and replacement of any 

discrepant barrel nut with a new barrel 

nut, if necessary. This AD results from