[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26946-26948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13187]



[[Page 26946]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM405; Special Conditions No. 25-283-SC]


Special Conditions: Bombardier Inc. Model DHC-8-100, -200, -300 
and -400 Series Airplanes; Passenger Seats With Non-Traditional, Large, 
Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for all models of 
Bombardier Inc. DHC-8-100, -200, and -400 Series Airplanes and for 
Bombardier Models DHC-8-301, DHC-8-311, and DHC-8-315 airplanes in the 
DHC-8-300 series. These airplanes will have a novel or unusual design 
feature(s) associated with seats that include non-traditional, large, 
non-metallic 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 18, 2009. 
We must receive your comments by July 20, 2009.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM405, 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. NM405 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: Alan Sinclair, FAA, Airframe/Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 227-2195; facsimile (425) 227-1232; electronic 
mail <a href="/cdn-cgi/l/email-protection#8eefe2efe0a0fde7e0ede2efe7fccee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="63020f020d4d100a0d000f020a11230502024d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon 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 issuance.

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 will consider comments filed late if it is possible to do 
so without incurring expense or delay. We may change these special 
conditions based on the comments we receive.
    If you want us to let you know we received your comments on these 
special conditions, send us a pre-addressed, stamped postcard on which 
the docket number appears. We will stamp the date on the postcard and 
mail it back to you.

Background

    On July 1, 2008, Bombardier Inc. 400 Cote Vertu West, Dorval, 
Quebec, Canada, H4S 1Y9 applied for a design change to Type Certificate 
No. A13NM for installation of seats that include non-traditional, 
large, non-metallic panels in Bombardier Inc. Model DHC-8-100, -200, -
300, and -400 Series Airplanes. These airplanes, which are currently 
approved under Type Certificate No. A13NM, are straight-wing, T-tail, 
twin-engine, wing mounted turboprop, single aisle, medium sized 
transport category airplanes.
    The applicable regulations to airplanes currently approved under 
Type Certificate No. A13NM 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, the 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 non-
traditional, large, non-metallic panels in the cabin must meet the 
standards of Title 14 Code of Federal Regulations (14 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 Bombardier must show that the 
models in the DHC-8 series of airplanes, as changed, continue to meet 
the applicable provisions of the regulations incorporated by reference 
in Type Certificate No. A13NM, 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. A13NM are only for the following 
models:
    <bullet> Model DHC-8-100, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-51;
    <bullet> Model DHC-8-200, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-66;
    <bullet> Model DHC-8-301, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-58;
    <bullet> Model DHC-8-311, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-86;
    <bullet> Model DHC-8-315, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-86;


[[Page 26947]]


    Note: Only the listed -300 series Models are certified.

    <bullet> Model DHC-8-400, regulation 14 CFR part 25, effective 
February 1, 1965, including Amendments 25-1 through 25-83.
    In addition, the certification basis includes other regulations and 
special conditions that are not pertinent to these 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 all models of Bombardier DHC-8 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, all models of Bombardier DHC-8 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.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38 and they become part of the type certification basis under 
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 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.

Novel or Unusual Design Features

    Bombardier models in the DHC-8 series of airplanes will incorporate 
the following novel or unusual design features: 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 
occupants 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, non-metallic panels. In order to provide a level of safety that 
is equivalent to that provided by 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 seats with non-traditional, large, non-metallic panels.

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

    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 armrest-styled 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 these special conditions. 
These materials must still comply with Sec.  25.853(a) and Sec.  
25.853(c) if used as a covering for a seat cushion, or Sec.  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 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 with post-
crash fire survival time. Materials that comply with the standards 
(i.e., Sec.  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 there were only small amounts of non-
metallic materials. It was determined that the overall effect on 
survivability was negligible, whether or not the food trays met the 
heat release and smoke 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 Amendment 25-61 (51 FR 26206, July 21, 1986), 
specifically note that seats were excluded ``because the recently-
adopted 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.''
    In the late 1990s, the FAA issued Policy Memorandum 97-112-39, 
``Guidance for Flammability Testing of Seat/Console Installations,'' 
October 17, 1997 (http://rgl.faa.gov). That memo was issued when it 
became clear that seat designs were evolving to include large non-
metallic 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 smoke emission 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 cabin fire event.
    In October of 2004, an issue was raised regarding the appropriate 
flammability standards for passenger

[[Page 26948]]

seats that incorporated non-traditional, large, non-metallic panels in 
lieu of the traditional metal covered by fabric. 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 
promulgated to apply the standards defined in Sec.  25.853(d) to seats 
with large non-metallic panels in their design.

Applicability

    Although smoke testing requirements of Sec.  25.853 per Appendix F, 
parts IV and V, are not part of the part 25 certification basis for the 
Bombardier DHC-8-100 and -301 series airplanes, these special 
conditions are applicable if the airplanes were manufactured after 8/
19/1990 and are in 14 CFR part 121 service. Part 121 requires 
applicable interior panels to comply with Sec.  25.853 and Appendix F, 
parts IV and V, regardless of the certification basis. It is not our 
intent to require seats with large non-metallic panels to meet Sec.  
25.853 and Appendix F, parts IV and V, if they are installed in cabins 
of airplanes that are not required to meet these standards.
    Because the heat release and smoke testing requirements of Sec.  
25.853 are part of the type certification basis for the DHC-8-200 
series, models 311 and 315 of the -300 series, and DHC-8-400 series 
airplanes, these special conditions are applicable to the DHC-8-200 
series, models 311 and 315 of the -300 series, and DHC-8-400 series 
airplanes for all types of operations. Should Bombardier 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.
    Seats do not have to meet these special conditions when installed 
in compartments that are not otherwise required to meet the test 
requirements of 14 CFR part 25 and Appendix F, parts IV and V. For 
example, airplanes that do not have Sec.  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, do not have to comply with these 
special conditions.

Conclusion

    This action affects only certain novel or unusual design features 
on Bombardier Inc. DHC-8-100, -200, and -400 series airplanes and in 
models -311 and -315 in -300 series airplanes. It is not a rule of 
general applicability.
    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, the FAA has determined 
that prior public notice and comment are unnecessary and good cause 
exists for adopting these special conditions upon issuance. 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.

Authority Citation

0
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 Bombardier Inc. DHC-8-100 series, DHC-
8-200 series, models 311 and 315 of the -300 series, and DHC-8-400 
series airplanes.
    1. Except as provided in paragraph 3 of these special conditions, 
compliance with heat release and smoke emission testing requirements 
per 14 CFR part 25, and Appendix F, parts IV and V, is required for 
seats that incorporate non-traditional, large 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 special condition Number 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 14 CFR part 
25 and 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 Sec.  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 Sec.  25.853, Amendment 25-61 or later.
    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 May 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-13187 Filed 6-4-09; 8:45 am]
BILLING CODE 4910-13-P


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