[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Rules and Regulations]
[Pages 46838-46840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19071]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM430; Special Conditions No. 25-408-SC]
Special Conditions: Embraer ERJ 190-100 Series Airplane 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 the Embraer ERJ 190-
100 series airplane. This airplane will have novel or unusual design
features 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 June 29, 2010.
We must receive your comments by September 3, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM430, 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. NM430. 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: Cindy Ashforth, FAA, International
Branch, ANM-116, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356;
telephone (425) 227-2768; facsimile (425) 227-1320.
SUPPLEMENTARY INFORMATION:
Future Requests for Installation of Seats With Non-Traditional, Large,
Non-Metallic 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 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.
We anticipate that seats with non-traditional, 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 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 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 9, 2010, Embraer applied for a change to Type Certificate
No. A57NM for a new interior arrangement of 112 slim passenger seats in
the ERJ 190-100 STD, ERJ 190-100 LR, and ERJ
[[Page 46839]]
190-100 IGW. The Embraer ERJ 190-100 series airplanes, currently
approved under Type Certificate No. A57NM, are low-wing, conventional-
tail, twin-turbofan, transport-category airplanes.
The applicable regulations to airplanes currently approved under
Type Certificate No. A57NM 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 non-
traditional, 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 Sec. 21.101 Embraer must show that the ERJ
190-100, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A57NM 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
A57NM are as follows: Part 25, as amended by Amendment 25-1 through
Amendment 25-101. 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., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the ERJ 190-100 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 ERJ 190-100 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.
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 ERJ 190-100 series aircraft 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 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 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 seats with non-traditional, large, non-metallic 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 armrest-styled 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 Sec. Sec. 25.853(a)
and 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 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 with post-crash, fire-survival
time. The materials that comply with the standards (i.e., Sec. 25.853,
titled ``Compartment Interiors,'' as amended by Amendments 25-61 and
25-66) extended survival time by approximately 2 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 included only
small amounts of non-metallic materials (for example, a food-tray table
and armrest closeout). It was 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
noted that they were excluded ``because the recently-adopted
[[Page 46840]]
standards for flammability of seat cushions will greatly inhibit
involvement of the seats.''
In the late 1990s, 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 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
viewed as a loophole to the airworthiness standards that would result
in an unacceptable decrease in survivability during a cabin-fire event.
Applicability
As discussed above, these special conditions are applicable to the
ERJ 190-100. Should Embraer 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.
As discussed above, these special conditions are applicable to
Embraer ERJ 190-100 series airplanes. It is not our intent, however, to
require seats with non-traditional, large, non-metallic panels to meet
Sec. 25.853, which calls out 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 heat-release and smoke-emission
testing requirements of Sec. 25.853, per appendix F, parts IV and V,
are not part of the type-certification basis of the Model ERJ 190-100,
these special conditions are only applicable if the Model ERJ 190-100
series airplanes are in 14 CFR part 121 operations. Section 121.312
requires compliance with the heat-release and smoke-emission testing
requirements of Sec. 25.853, for certain airplanes, irrespective of
the type-certification bases of those airplanes. For Model ERJ 190-100
series airplanes, these are the airplanes that would be affected by
these special conditions. Should Embraer apply at a later date for a
supplemental type certificate to modify any other model included on
Type Certificate No. A57NM, 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 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
Embraer ERJ 190-100 series airplane 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.
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 Embraer ERJ 190-100 series airplanes.
1. Except as provided in paragraph 3 of these special conditions,
compliance with 14 CFR part 25, appendix F, parts IV and V, heat
release and smoke emission, is required for seats that incorporate non-
traditional, large, non-metallic panels that may be either 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 (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, 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 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.
Issued in Renton, Washington, on June 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19071 Filed 8-3-10; 8:45 am]
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