[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Rules and Regulations]
[Page 26948-26951]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM406; Special Conditions No. 25-384-SC]
Special Conditions: Bombardier Inc. Model CL-600-2B19, -2C10, -
2D15 and -2D24 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 Bombardier Inc. model
CL-600-2B19, -2C10, -2D15 and -2D24 airplanes. 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-
[[Page 26949]]
113), Docket No. NM406, 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. NM406 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 alan.sinclair@faa.gov.
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. A21EA for installation of seats that include non-traditional,
large, non-metallic panels in the following Bombardier Inc. airplanes:
Model CL-600-2B19, Model CL-600-2C10, Model CL-600-2D15 and Model CL-
600-2D24. These airplanes, which are currently approved under Type
Certificate No. A21EA, are swept-wing, T-tail, twin-engine, fuselage
mounted turbofan-powered, single aisle, medium sized transport category
airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A21EA 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
following model airplanes, CL-600-2B19, CL-600-2C10, CL-600-2D15 and
CL-600-2D24, as changed, continue to meet the applicable provisions of
the regulations incorporated by reference in Type Certificate No.
A21AE, 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.
A21AE are for the following models:
CL-600-2B19, regulation 14 CFR part 25, effective February
1, 1965, including Amendments 25-1 through 25-62;
CL-600-2C10, regulation 14 CFR part 25, effective February
1, 1965, including Amendments 25-1 through 25-86:
CL-600-2D15, regulation 14 CFR part 25, effective February
1, 1965, including Amendments 25-1 through 25-86, Amendments 25-88
through Amendments 25-90 and Amendments 25-92 through Amendments 25-98.
CL-600-2D24, regulation 14 CFR part 25, effective February
1, 1965, including Amendments 25-1 through 25-86, Amendments 25-88
through Amendments 25-90 and Amendments 25-92 through Amendments 25-98.
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 the Model CL-600 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, the Model CL-600 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
The Model CL-600 series airplanes will incorporate the following
novel or unusual design features: These models offer interior
arrangements that include passenger seats that incorporate non-
[[Page 26950]]
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 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
These special conditions are applicable to Bombardier model CL-600-
2B19 airplanes. Because the heat release testing requirements of Sec.
25.853 per Appendix F, part IV are part of the type certification basis
for model CL-600-2B19 airplanes, these special conditions are
applicable to model CL-600-2B19 airplanes. Although smoke testing
requirements of Sec. 25.853 per Appendix F, part V, are not part of
the part 25 certification basis for Bombardier Model CL-600-2B19
airplanes, these special conditions are applicable if the airplanes are
in 14 CFR part 121 service. Part 121 requires applicable interior
panels to comply with Sec. 25.853 and Appendix F, part 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 V,
if they are installed in cabins of airplanes that otherwise are not
required to meet these standards. 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.
These special conditions are applicable to Bombardier Inc. Model
CL-600-2C10, -2D15 and -2D24
[[Page 26951]]
airplanes. Because the heat release and smoke testing requirements of
Sec. 25.853 are part of the type certification basis for the Model CL-
600-2C10, -2D15 and -2D24 airplanes, these special conditions are
applicable to the Model CL-600-2C10, -2D15 and -2D24 airplanes. 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 CFR part 25, 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 those airplanes that do not need to
comply with the requirements of 14 CFR 121.312.
Conclusion
This action affects only certain novel or unusual design features
on Bombardier Inc. Model CL-600-2B19, -2C10, -2D15 and -2D24 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. Model CL-600-2B19, -
2C10, -2D15 and -2D24 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. E9-13188 Filed 6-4-09; 8:45 am]
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