[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17332-17334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7307]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE311; Special Conditions No. 23-251-SC]
Special Conditions: Embraer S.A.; Model EMB 500; Single-Place
Side-Facing Seat Dynamic Test Requirements
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 installation of a
single-place side-facing seat/lavatory on Embraer S.A. EMB 500
aircraft. Side-facing seats are considered a novel design, and their
installation in a part 23 airplane was not envisaged and is not
adequately addressed in 14 CFR part 23. The FAA has determined that the
existing regulations do not provide adequate or appropriate safety
standards for occupants of single-place side-facing seats. In order to
provide a level of safety that is equivalent to that afforded to
occupants of forward and aft facing seating, additional airworthiness
standards, in the form of special conditions, are necessary.
DATES: The effective date of these special conditions is March 22,
2011. Comments must be received on or before April 28, 2011.
ADDRESSES: Comments on these special conditions may be mailed in
duplicate to: Federal Aviation Administration (FAA), Regional Counsel,
ACE-7, Attention: Rules Docket, Docket No. CE311, 901 Locust, Room 506,
Kansas City, Missouri 64106, or delivered in duplicate to the Regional
Counsel at the above address. Comments must be marked: Docket No.
CE311. Comments may be inspected in the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Stegeman, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4140,
fax 816-329-4090, e-mail [email protected].
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 approval
design and thus delivery of the affected aircraft. 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
concerning 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 on or before 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.
Background
On December 26, 2009, Embraer S.A. submitted request for a change
to type certificate No. A59CE for a design change application (DCA) for
installation of a side-facing belted toilet in the EMB-500 airplane.
The implication of the term belted is that the toilet will be used for
a passenger seat during takeoff and landing and so must comply with the
provisions of 14 CFR Sec. Sec. 23.562 and 23.785 (in addition to the
certification basis as established in type certificate A59CE) and any
additional requirements that the FAA determines are applicable. In this
case, the approval of a side-facing seat to these provisions is
considered new and novel and, as such, will require special conditions
and specific methods of compliance to certificate.
14 CFR part 23 was amended August 8, 1988, by Amendment 23-36, to
revise the emergency landing conditions that must be considered in the
design of the airplane. Amendment 23-36 revised the static load
conditions in Sec. 23.561, and added a new Sec. 23.562 that required
dynamic testing for all seats approved for occupancy during takeoff and
landing. The intent of Amendment 23-36 is to provide an improved level
of safety for occupants on part 23 airplanes. Because most seating is
forward-facing in part 23 airplanes, the pass/fail criteria developed
in Amendment 23-36 focused primarily on these seats. Since the
regulations do not address side-facing seats, these criteria should be
documented in special conditions.
The FAA decided to review compliance with these regulations because
the current regulations do not provide adequate and appropriate
standards for the type certification of this type of seat.
These requirements are substantially similar to other single place
side-facing seat installations approved for use on several different 14
CFR part 25 airplanes.
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer S.A. must show that
the model EMB 500, as modified, continues to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate No. A59CE 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. A59CE are as follows:
[[Page 17333]]
Part 23 of the Code of Federal Regulations effective February 1, 1965,
as amended by 23-1 through 23-55; Part 36 of the Code of Federal
Regulations effective December 1, 1969, as amended by 36-1 through 36-
28; Part 34 of the Code of Federal Regulations effective September 10,
1990, as amended by 34-1 through 34-3.
For the model listed above, the certification basis also includes
all exemptions, if any; equivalent level of safety findings, if any;
and special conditions not relevant to the special conditions adopted
by this rulemaking action.
The Administrator has determined that the applicable airworthiness
regulations (i.e., part 23 as amended) do not contain adequate or
appropriate safety standards for the Embraer EMB 500 side-facing seat
because of a novel or unusual design feature. Therefore, special
conditions are prescribed under the provisions of Sec. 21.16.
Special conditions, as appropriate, as defined in Sec. 11.19, are
issued in accordance with Sec. 11.38, and become part of the type
certification basis in accordance with Sec. 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 novel or unusual design feature,
the special conditions would also apply to that model under the
provisions of Sec. 21.101.
Novel or Unusual Design Features
The Embraer S.A., model EMB 500 will incorporate the following
novel or unusual design feature:
A side-facing lavatory seat intended for taxi/takeoff and landing.
Discussion
The seat is to incorporate design features that reduce the
potential for injury in the event of an accident. In a severe impact,
the occupant will be restrained by a 3-point seatbelt and bear on an
adjacent padded wall. In addition to the design features intended to
minimize occupant injury during an accident sequence, the installation
will also require operational procedures that will facilitate egress
after an accident, including leaving the lavatory door locked open
during taxi, takeoff and landing. The adjacent forward wall/bulkhead
interior structure will have padding, which will provide some
protection to the head of the occupant.
The Code of Federal Regulations states performance criteria for
forward and aft facing seats and restraints in an objective manner.
However, none of these criteria are adequate to address the specific
issues raised concerning side-facing seats. Therefore, the FAA has
determined that, in addition to the requirements of part 21 and part
23, special conditions are needed to address the installation of this
seat installation/restraint.
Accordingly, these special conditions are for the Embraer S.A.
model EMB 500 side-facing seat location. Other conditions may be
developed, as needed, based on further FAA review and discussions with
the manufacturer and civil aviation authorities.
Applicability
As discussed above, these special conditions are applicable to the
EMB 500. Should Embraer S.A. 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.
Conclusion
This action affects only certain novel or unusual design features
on the previously identified Embraer S.A. model. 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.
List of Subjects in 14 CFR Part 23
Aircraft, Aviation safety, Signs and symbols.
Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.101; and 14 CFR 11.38 and 11.19.
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 the Embraer S.A. model EMB 500, as
changed to allow installation of a single-place side-facing seat.
The minimum acceptable standards for dynamic seat certification of
the belted lavatory seat are as follows:
1. Existing Criteria. As referenced by Sec. 23.785(b), all injury
protection criteria of Sec. Sec. 23.562(c)(1) through (c)(7) apply to
the occupants of the side-facing seats. Head injury criteria (HIC)
assessments are only required for head contact with the seat and/or
adjacent structures.
2. Body-to-wall/furnishing contact. The seat must be installed aft
of a structure such as an interior wall or furnishing that will contact
the pelvis, upper arm, chest, or head of an occupant seated next to the
structure. A conservative representation of the structure and its
stiffness must be included in the tests. It is required that the
contact surface of this structure must be covered with at least two
inches of energy absorbing protective padding (foam or equivalent),
such as Ensolite.
3. Thoracic Trauma. Testing with a Side Impact Dummy (SID), as
defined by 49 CFR part 572, subpart F, or its equivalent, must be
performed in order to establish Thoracic Trauma Index (TTI) injury
criteria. TTI acquired with the SID must be less than 85, as defined in
49 CFR part 572, subpart F. SID TTI data must be processed as defined
in Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section
S6.13.5. Rational analysis, comparing an installation with another
installation where TTI data were acquired and found acceptable, may
also be viable.
4. Pelvis. Pelvic lateral acceleration must not exceed 130g. Pelvic
acceleration data must be processed as defined in FMVSS Part 571.214,
section S6.13.5.
5. Shoulder Strap Loads. Where upper torso straps (shoulder straps)
are used for occupants, tension loads in individual straps must not
exceed 1,750 pounds. If dual straps are used for restraining the upper
torso, the total strap tension loads must not exceed 2,000 pounds.
6. Compression Loads. The compression load measured between the
pelvis and the lumbar spine of the ATD may not exceed 1,500 pounds.
7. Emergency Evacuation. When occupied, the lavatory door must be
latched open for takeoff and landing and must remain latched under the
Sec. 23.561(b) loads. The airplane configuration must meet the
emergency evaluation requirements of its certification basis with the
seat occupied.
8. Lavatory Door Placard. A placard specifying the lavatory door
must be latched open for takeoff and landing when occupied must be
displayed on the outside of the door.
9. Test Requirements in Sec. 23.562 dynamic loads. The tests in
Sec. 23.562(a), (b) and (c) must be conducted on the lavatory seat.
Floor deformation is required except for a seat that is cantilevered to
the bulkhead.
[[Page 17334]]
Issued in Kansas City, Missouri on March 22, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-7307 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-13-P