[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Rules and Regulations]
[Pages 46840-46843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19072]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM431; Special Conditions No. 25-409-SC]
Special Conditions: Bombardier Inc. Model CL-600-2E25 Series
Airplane; 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 the Bombardier Inc.
Model CL-600-2E25 Series Airplane. These airplanes will have a novel or
unusual design feature 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 July 27, 2010.
We must receive your comments by September 20, 2010.
ADDRESSES: You must mail two copies of your comments to: Federal
Aviation Administration, Transport Airplane Directorate, Attn: Rules
Docket (ANM-113), Docket No. NM431, 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. NM431. 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;
[[Page 46841]]
facsimile (425) 227-1232; e-mail [email protected].
SUPPLEMENTARY INFORMATION: The FAA has determined that notice of and
opportunity for prior public comment on these special conditions is
impracticable and would significantly delay issuance of the design
approval and thus delivery of the affected aircraft. The substance of
these special conditions has previously been subject to the public-
comment process and received no substantive comments. 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 self-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 February 28, 2007, Bombardier Inc., 400 Cote Vertu West, Dorval,
Quebec, Canada, H4S 1Y9, applied for an amended type certificate for
the Bombardier Model CL-600-2E25 airplane to be identified on Type
Certificate Data Sheet (TCDS) No. A21EA. The Model CL-600-2E25 series
airplane will be a swept-wing, T-tail, twin-engine, fuselage-mounted
turbofan-powered, single-aisle, medium-sized, transport-category
airplane.
The applicable airplane regulations, currently approved under Title
14, Code of Federal Regulations (14 CFR) part 25, 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 part 25, Appendix F, parts IV and V, heat-release and
smoke-emission requirements.
Type Certification Basis
Under provisions of 14 CFR 21.17, Bombardier must show that the
Model CL-600-2E25 series airplane meets the applicable provisions of
part 25, as amended by Amendments 25-1 through 25-119. If the
Administrator finds that the applicable airworthiness regulations do
not contain adequate or appropriate safety standards for the Model CL-
600-2E25 airplane because of a novel or unusual design feature, special
conditions are prescribed under provisions of 14 CFR 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Model CL-600-2E25 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. In addition, the
FAA must issue a finding of regulatory adequacy pursuant to section 611
of Public Law 92-574, the ``Noise Control Act of 1972.''
Special conditions, as defined in 14 CFR 11.19, are issued in
accordance with Sec. 11.38 and become part of the type certification
basis in accordance with Sec. 21.17(a)(2).
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 or similar
novel or unusual design feature, the special conditions would also
apply to the other model under the provisions of Sec. 21.101.
Novel or Unusual Design Features
The Model CL-600-2E25 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
occupants of the cabin 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 non-traditional,
large, non-metallic panels. To provide a level of safety 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, and 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, and 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.
[[Page 46842]]
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, the FAA 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 contained only small amounts of non-
metallic materials. The FAA 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 2004, the FAA examined the appropriate flammability
standards for passenger seats installed on transport-category airplanes
that incorporated non-traditional, large, non-metallic panels in lieu
of the traditional metal covered by fabric. The FAA 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. The FAA has determined that special conditions
would be issued to apply the standards defined in Sec. 25.853(d) to
seats with large, non-metallic panels in their design.
Applicability
Because the heat-release and smoke-emission testing requirements of
Sec. 25.853 are part of the type certification basis for the Model CL-
600-2E25 series airplane, these special conditions are applicable to
the Model CL-600-2E25 series airplane. 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 part 25, Appendix F, parts IV and V. This includes, 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 Sec. 121.312.
Conclusion
This action affects only certain novel or unusual design features
on Bombardier Inc. Model CL-600-2E25 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.
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-600-2E25
series airplane.
1. Except as provided in special condition number 3, below,
compliance with heat-release and smoke-emission testing requirements
per Sec. 25.853, and Appendix F, parts IV and V, 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 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 part 25,
Appendix F, parts IV and V, when installed in compartments that are not
otherwise required to meet these requirements. Examples include:
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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 Sec. 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 July 27, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19072 Filed 8-3-10; 8:45 am]
BILLING CODE 4910-13-P