[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Proposed Rules]
[Pages 38552-38557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18824]



[[Page 38551]]


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Part VII





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



_______________________________________________________________________



14 CFR Parts 25 and 121



Miscellaneous Cabin Safety Changes; Proposed Rule

  Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 / 
Proposed Rules  
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[[Page 38552]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25 and 121

[Docket No. 28637; Notice No. 96-9]
RIN 2120-AF77


Miscellaneous Cabin Safety Changes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to revise the airworthiness standards 
for transport category airplanes relating to flight attendant assist 
space, flight attendant assist handles, door hold open features, 
outside viewing means, interior compartment doors and portable oxygen 
equipment. With one exception, these proposals are not the result of 
any specific incident or recommendation, but are part of the Agency's 
continuing effort to upgrade the regulations to improve the overall 
level of safety in areas where the state-of-the-art and good design 
practice have indicated that such upgrades are warranted. These 
proposals would result in both new type design regulations as well as 
retroactive requirements implemented via the operating rules.

DATES: Comments must be received on or before November 21, 1996.

ADDRESSES: Comments on this notice may be mailed in triplicate to: 
Federal Aviation Administration, Office of the Chief Counsel, Attn: 
Rules Docket (AGC-200), Docket No. 28637, 800 Independence Avenue SW., 
Washington, DC 20591; or delivered comments in triplicate to: Federal 
Aviation Administration, Room 915G, 800 Independence Avenue SW., 
Washington, DC 20591. Comments must be marked Docket No. 28637. 
Comments may also be submitted electronically to 
[email protected].
    Comments may be examined in the Rules Docket weekdays, except 
Federal holidays, between 8:30 a.m. and 5 p.m. In addition, the FAA is 
maintaining an information docket of comments in the Transport Airplane 
Directorate (ANM-100), Federal Aviation Administration, 1601 Lind 
Avenue SW, Renton, Washington 98055-4056. Comments in the information 
docket may be examined in the Transport Airplane Directorate weekdays, 
except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Gardlin, Regulations Branch, ANM-114, Transport Airplane 
Directorate, Aircraft Certification Service, FAA, 1601 Lind Avenue SW, 
Renton, Washington 98055-4056; telephone (206) 227-2136.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments relating to any environmental, energy, federalism, 
or economic impacts that might result from adoption of the proposal 
contained in this notice are also invited. Substantive comments should 
be accompanied by cost estimates. Commenters should identify the 
regulatory docket or notice number and submit comments in triplicate to 
the Rules Docket address above. All comments received on or before the 
closing date for comments will be considered by the Administrator 
before taking action on this proposed rulemaking. The proposal 
contained in this notice may be changed in light of comments received. 
All comments received will be available in the Rules Docket, both 
before and after the closing date for comments, for examination by 
interested persons. A report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking will be filed in 
the docket. Persons wishing the FAA to acknowledge receipt of their 
comments must submit with those comments a self-addressed, stamped 
postcard on which the following statement is made: ``Comments to Docket 
No. 28637.'' A postcard will be date/time stamped and returned to the 
commenter.

Availability of NPRM

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339), the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory 
Committee Bulletin Board service (telephone: 202-267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM by submitting a request 
to the Federal Aviation Administration, Office Rulemaking, ARM-1, 800 
Independence Avenue SW., Washington, DC 20591; or by calling (202) 267-
9680. Communications must identify the notice number of this NPRM. 
Persons interested in being placed on the mailing list for future 
NPRM's should also request a copy of Advisory Circulator No. 11-2A, 
Notice of Proposed Rulemaking Distribution System, which describes the 
application procedure.

Background

    Primarily as a result of accidents during the 1960's, several 
amendments (25-15, 25-17, 25-20, and 25-32) to part 25 pertaining to 
cabin safety and crashworthiness were enacted. These amendments were 
designed to correct certain deficiencies identified during the 
investigations of the aforementioned accidents, and were, in many 
cases, made retroactive for airplanes already in service. Recent 
amendments pertaining to cabin safety have resulted from research and 
development in the areas of fire safety and evacuation slide 
performance, among others. As a result of the Public Technical 
Conference on Evacuation held in Seattle, Washington, in September 
1985, several regulatory and advisory actions have been taken by the 
FAA to further upgrade standards in the cabin safety area. In a 
continuing effort to upgrade these standards the FAA is proposing to 
make several additional amendments which would further improve cabin 
safety. These proposals are not directly a result of the public 
conference but are actions deemed appropriate by the FAA considering 
the current state-of-the-art and existing design practice. One of the 
proposals follows a National Transportation Safety Board (NTSB) 
recommendation. Although nearly all existing installations already 
comply, the proposed rulemaking would ensure that any others comply as 
well.
    Current policy for FAA rulemaking projects is to endeavor to 
achieve harmonization with the Joint Airworthiness Authorities (JAA) 
and other airworthiness authorities through the Aviation Rulemaking 
Advisory Committee (ARAC) and its harmonization working groups. This 
rulemaking project has not been the subject of a harmonization working 
group activity because it was initiated prior to the time that 
harmonization became the policy with the FAA and JAA. The proposals 
contained in this notice have, however, been coordinated with the Joint 
Aviation Authorities (JAA), during specialist meetings between the FAA 
and JAA. The JAA is in agreement with the proposals, but may provide 
comments on the detailed regulatory language. The JAA intends to 
incorporate these proposals into

[[Page 38553]]

paragraph 25 of the Joint Aviation Requirements (JAR-25) after they are 
finalized by the FAA.

Discussion

    Section 25.813 requires that each non-overwing exit equipped with 
an assist means also have adequate space next to the exit for a flight 
attendant to stand and assist occupants while evacuating. The size of 
this ``assist space'' is not specified in the regulations. Guidance 
material in Civil Aeronautics Manual (CAM) 4b.362-6(b) states that the 
assist space should be a 12 x 20-inch rectangle on the floor and be 
useable. A rectangle of this size is generally recognized as the 
minimum size acceptable for compliance with Sec. 25.813 or its 
predecessor Sec. 4b.362(g) of the Civil Air Regulations (CAR). 
Deviations are, however, permitted if the efficacy of the assist space 
is demonstrated. Demonstrations of a smaller or irregular shaped assist 
space usually take place in controlled evacuation tests conducted under 
conditions similar to those specified in Appendix J to Part 25 for 
emergency evacuation demonstrations. While these demonstrations have 
value, they do not account for the potentially adverse conditions 
likely to be encountered in service. A minimum size for assist spaces 
needs to be established in the regulations to provide more standardized 
application of the requirement and give additional margins of safety 
under adverse conditions which may be encountered in service.
    Service experience, both in tests and actual incidents, indicates 
that the assist space recommended in CAM 4b.362-6(b) is adequate; 
therefore, this notice proposes to amend Sec. 25.813 to require that 
the assist space be a minimum of 12 x 20 inches on the floor with the 
12-inch dimension parallel to the exit opening. The current requirement 
that the assist space must not obstruct the required passageway would 
be retained. The proposal does not specify the location of the assist 
space relative to the exit opening, since the best location may vary 
from one installation to another. In any case, the assist space should 
be located to provide the maximum benefit to evacuation. The minimum 
dimensions specified assume that a flight attendant would be able to 
stand upright, and installations which do not provide adequate headroom 
to enable a 95 percentile male to stand upright would probably need an 
increase in the fore and aft dimension of the assist space to provide 
the same level of efficacy as a full height installation. (Information 
on anthropometry can be found in NASA reference publication 1024, 
Anthropometric Source Book Volume I, Anthropometry for Designers.) The 
amount of increase required in these instances would be dependent on 
the details of the installation and will not be specified in the 
regulation.
    As proposed, the assist space requirement would apply to all of the 
larger exit types (i.e., Types I, II, and A) regardless of whether or 
not they are over the wing. Except for Type A exists, the current 
regulations do not require an assist space for exits over the wing. The 
need for an assist space at these exits is dependent primarily on the 
presence of an assist means where the rate of egress is critical. 
Future airplane designs, as well as current regulatory activity (Notice 
90-4 (55 FR 6344, February 22, 1990)), may make the installation of 
overwing floor level exits an attractive option, so it is proposed to 
account for their use here. In addition, the current regulations only 
require an assist space for the larger exits when there is an assist 
means required. For airplanes of relatively small passenger capacity, 
service experience indicates that this is a reasonable standard. 
However, for airplanes with a larger passenger capacity, an assist 
space should be required whether or not an assist means is required. 
This proposal would also correct a longstanding editorial error in part 
121, that states that assist spaces are required at all Type I or II 
exits, regardless of whether or not an assist means is installed. 
Therefore, this notice proposes to also require an assist space at all 
Type II or larger exits on airplanes with a passenger capacity of 79 or 
greater. (If a change proposed in Notice of Proposed Rulemaking 90-4 
(55 FR 6344, February 22, 1990) is adopted, this would become 80 
passengers in lieu of 79). This includes tailcone exits that are 
qualified for 25 additional passenger seats under the provisions of 
Sec. 25.807(d)(3)(ii) and are required by Sec. 25.810(a) to have such 
assist means, since these can become primary exits under certain 
evacuation scenarios and will require the assistance of a flight 
attendant to perform at their potential.
    Conversely, the current regulations would require an assist space 
for a non-floor level, non-overwing exit which incorporates an assist 
means. There is at present one airplane with exits that fall into this 
category. Given the design difficulties presented by such a design, the 
prospects for such exits in the future do not seem likely. Furthermore 
the appropriateness of the current standards for such exits appears 
questionable (the one example currently in existence was approved by 
special conditions). This existing provision in the regulations would, 
therefore, be removed by this proposal. In the unlikely event a design 
of this nature were proposed, the FAA would develop criteria 
appropriate for that design in the form of special conditions.
    Most existing installations currently comply with this proposal, 
however for the few that do not, the economic penalty for direct 
compliance would be quite high. It is also difficult to quantify the 
benefit that might be gained from reconfiguring airplanes already 
manufactured and placed in service to comply with this proposal; 
therefore, no retroactive action is proposed. For newly manufactured 
airplanes, the economic burden of compliance is minimal. Therefore, it 
is proposed to amend Sec. 121.310(f)(2) to require that the assist 
spaces of all airplanes manufactured two years after the effective date 
of this amendment comply with these criteria.
    One common design feature of large transport airplanes has been an 
assist handle to enable flight attendants to steady themselves while 
assisting passengers in evacuating. The assist handle can be crucial in 
permitting the flight attendant to perform his or her duties 
efficiently. This, in turn, can have a direct bearing on the success of 
an emergency evacuation. There is, at present, no requirement for 
assist handles and most if not all installations incorporate them. 
Although an assist handle may not always be necessary due to the 
unpredictable nature of an emergency evacuation, it is a valuable tool 
that should be available to the flight attendant when it is needed. In 
addition, the assist handle is an integral part of flight attendant 
training. The addition of the requirement in part 25 would eliminate 
incompatibilities between the type design and operational requirements.
    In some cases a handle designed to provide leverage when opening, 
or more commonly, closing passenger and service doors is installed. 
Often, this handle is not located at the designated assist space. 
Service experience has shown that the presence of the handle at another 
location can mislead a flight attendant into standing in a location 
that could obstruct the required passageway. Service experience also 
indicates that there is a need for assist handles to enable flight 
attendants to steady themselves while actuating the manual inflation 
handle on escape slides. The manual handle is located on the door sill, 
and essentially requires the attendant to straddle the door opening 
when pulling the handle. The attendant is quite vulnerable to the 
possibility of being pushed out of the

[[Page 38554]]

exit. The FAA expects that it would be possible for one handle to serve 
both purposes; however, two different handles might be needed at the 
same exit in some instances. The assist handle(s) should be usable by 
the range of flight attendants encompassing the 5th percentile female 
to the 95th percentile male.
    This notice proposes to require that assist handles be installed at 
the designated assist space for all floor level exists that require an 
assist space. In addition, a companion change to Sec. 121.310(l) is 
proposed that would be applicable to newly manufactured airplanes 
entering the fleet and require retrofit of the existing in-service 
fleet. A two year retrofit period is proposed.
    Emergency evacuations are frequently necessary either due to, or in 
combination with ,a hazard such as a fire outside the airplane. Because 
the hazard may pose an immediate threat to the occupants of the 
airplane, it is often necessary to avoid opening certain otherwise 
useable emergency exits to prevent injury to the evacuees. In this 
context, a viewing window or other means of assessing the outside 
conditions and determining whether an exit should be opened is 
extremely valuable. A viewing window is commonly provided in most 
exists in service; however, it is not required, and some exits in 
service do not incorporate one. The proposal would require a means (for 
example, either a window in the exit itself, or in an adjacent frame 
bay) that provides a view of the ground area where evacuees will make 
contact upon leaving the airplane. The means should provide visibility 
taking into account all conditions of landing gear collapse. Details 
such as size and prismatic characteristics of the viewing means are not 
specified. The FAA considers that sufficient design latitude should be 
available to permit several acceptable concepts. The viewing means 
would be required to be available to a person preparing to open an 
exit. Thus, if a window were in an adjacent frame bay, there could not 
be a partition or divider between the exit and the window to meet the 
intent of the proposal. For some exits, two windows might be installed 
at each exit in order to provide sufficient viewing coverage. This 
proposed viewing requirement would only apply to airplanes for which an 
application for type certificate is made after the effective date. Due 
to the technical difficulties and resultant cost of modifying existing 
airplanes, no retroactive requirement is proposed.
    Also important is the capability of an exit to remain open during 
an evacuation without threat of premature closing. Adverse attitude, 
wind or contact by evacuating passengers could cause an unsecured door 
to close during an evacuation, and jeopardize the safety of subsequent 
passengers. Most passenger emergency exits currently incorporate a 
feature which holds the door open and requires a positive action to 
disengage. This notice proposes to require a means to prevent an 
emergency exit from inadvertently closing once it has been opened in an 
emergency. The means must automatically engage when the exit is opened 
and require positive action to disengage. A removable hatch would be 
considered to comply, by definition. This proposal would amend 
Sec. 25.809 for new type certificates. It is proposed to create a new 
Sec. 121.310(l), and redesignate existing paragraph (l) as a new 
paragraph (n), which would require that airplanes in service after a 
date two years after the effective date of the amendment comply with 
the provisions of the part 25 requirement.
    Following accident experience in the 1960's the FAA amended part 25 
in Amendment 25-15, to prohibit the installation of doors ``between 
passenger compartments.'' At the time of the amendment, it was common 
practice to divide the first class and tourist class cabins with a 
solid door. It was determined in the course of accident investigations 
that this door could be detrimental in evacuation of passengers, who 
tended not to recognize that there was an exit beyond the door, even if 
it were the closest available. The resulting regulatory change was 
geared specifically at preventing this occurrence. However, the current 
regulation is worded such that doors may be installed between 
passengers and exits provided there are not passengers on both sides of 
the door. For example, a door could be installed across the main 
passenger aisle at the end of a cabin. The current regulations only 
require that the door be open for takeoff and landing. It is now 
considered undesirable to permit the installation of a door between any 
passenger and an exit. Should such a door (either through omission or 
mechanical failure) become jammed in the event of an emergency 
evacuation, persons could be prevented or delayed in evacuating which 
could result in fatalities or injuries that would not otherwise have 
occurred. The hazards associated with a jammed door are still present 
whether or not passengers are on both sides of the door, and the 
recognition factor has not been mitigated. Either could result in the 
same consequences--failure of some passengers to evacuate the airplane. 
This notice proposes to prohibit the installation of any door between 
any passenger and any passenger emergency exit. This would include 
doors that close off galley areas as passageways or crossaisles, doors 
across emergency exits (frequently used on ``VIP'' airplanes), and 
doors into rooms that are occupiable for takeoff and landing. This 
would also include a door across one of the aisles on a multi-aisle 
airplane, since this closes off the most direct route to an exit for 
some of the passengers.
    In the past there has been considerable discussion regarding what 
constituted a ``door.'' One common proposal has been to install a 
fabric diaphragm bounced by a metal frame which is movable, usually 
much like a pocket door. This type of installation has been accepted 
provided the frame provides no more resistance to a person passing 
through it than a normal curtain tie back. Such installations do, 
however, create the same recognition problem as do ``solid'' doors and 
would no longer be acceptable.
    The proposed change to Sec. 25.813(e) would apply to all transport 
category airplanes for which an application for type certificate is 
made after the effective date regardless of whether they are used in 
air carrier service. Section 25.813(f) would also be modified to 
account for seats that might be occupied by crew outside of the flight 
deck. In addition, Sec. 121.310(f)(6) would make the new standards 
applicable to all other transport category airplanes manufactured after 
two years after the effective date of this amendment.
    These requirements would not be applied retroactively to non air-
carrier operations, i.e., corporate airplanes where the number of 
passengers involved is much smaller and there has been no demonstrated 
unsafe condition.
    Finally, the FAA proposes to require that oxygen masks be connected 
to portable oxygen equipment. This proposal follows NTSB Safety 
Recommendation No. A-90-54. During the decompression experienced in the 
February 1989 United Airlines Flight 811 accident, the NTSB determined 
that flight attendants had difficulty in using the portable oxygen 
bottles. These bottles are intended to enable them to move about the 
cabin, with an adequate oxygen supply, after a decompression. The 
oxygen masks were not connected to the dispensing terminal of the 
oxygen bottle, thus requiring an additional action by the flight 
attendant before the unit was useable. The NTSB recommended that all 
such masks be connected to the oxygen supply, to

[[Page 38555]]

minimize the time and dexterity necessary for flight attendants to don 
and use the portable oxygen. The FAA agrees with this recommendation, 
and therefore proposes to change Sec. 25.1447(c)(4) accordingly. In 
addition, a companion change is made to Sec. 121.333(d), with a one 
year compliance time. A one year compliance time is chosen in this case 
because the modification required is a simple connection of the oxygen 
mask to the supply bottle. This can be done on an overnight visit, or 
any short interval maintenance visit. One year is considered more than 
enough time to achieve compliance.
    A two year compliance time for incorporation of these changes into 
the existing fleet is used throughout this proposal, with the exception 
noted above. This approximates the ``C'' check maintenance cycles for 
most airplanes affected. This time period is sufficient to accomplish 
the relatively minor modifications required by this proposal, and 
offers operators some flexibility in scheduling. For newly manufactured 
airplanes, two years is considered sufficient to develop the necessary 
engineering and parts availability on airplanes which do not already 
incorporate the features described here. However, as previously noted, 
the majority of airplanes currently being delivered do incorporate 
these proposals, and so will not be affected by the compliance time.
    An ambiguity in the provisions of Sec. 25.853(d) concerning ash 
trays has been brought to the attention of the FAA. As presently 
worded, the second sentence could be misinterpreted to require ash 
trays in all areas of the cabin instead of just the designated smoking 
areas. Section 25.853(d) would be revised to require that all seated 
occupants in designated smoking areas are provided with ashtrays. Since 
designated smoking areas can vary from flight to flight, an adequate 
number of ashtrays would probably need to be installed at delivery to 
account for the largest smoking section anticipated by the airline. 
Alternatively, the size of the smoking section would be limited by the 
number and location of the ashtrays.
    The introductory phrase in Sec. 25.855, which contains safety 
standards for cargo and baggage compartments, states, ``For each cargo 
and baggage compartment not occupied by crew or passengers, the 
following apply.'' It has been brought to the attention of the FAA that 
this phrase may also cause confusion. By definition, some compartments 
must be accessible to crewmembers to fight fires in flight; therefore, 
the exception made by the introductory phrase can not (and has not been 
interpreted to) apply to compartments that are only occupied 
occasionally by crew or passengers. Furthermore, crew and passengers 
are not permitted to be seated or stationed on a full-time basis in 
cargo or baggage compartments. Since the exception does not apply to 
occasional occupancy and since crew and passengers do not occupy cargo 
or baggage compartments in flight on a full-time basis, the exception 
made in the phrase has no applicability. Using the present wording of 
the introductory phrase, it was alleged, in at least one instance, that 
the standards of Sec. 25.855 did not apply because the cockpit was part 
of the cargo or baggage compartment. That allegation was unfounded 
regardless of the degree or method of separation, the cockpit can not 
be considered part of a cargo or baggage compartment. Nevertheless, it 
does show that the phrase can easily be misinterpreted. Since the 
exception has no applicability and may cause confusion, the 
introductory phrase would be reworded to simply state, ``For each cargo 
or baggage compartment, the following apply.'' This would be a 
nonsubstantive change that would place no additional burden on any 
person.
    Finally, as a result of the extensive changes to part 25 adopted in 
Amendment 25-72, many referenced sections were changed. Some of the 
references to these sections were inadvertently retained, however, and 
are no longer correct. Therefore, the FAA proposes to correct these 
references to correspond to the current structure of part 25. These 
changes are purely editorial in nature and affect 
Secs. 25.807(d)(3)(ii), 25.812(g)(l)(ii), 25.812(g)(2), 25.812(h), 
25.819(f) and 25.1411(c).

Regulatory Evaluation Summary

Regulatory Evaluation, Regulatory Flexibility Determination, and Trade 
Impact Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs Federal agencies to 
promulgate new regulations or modify existing regulations only if the 
potential benefits to society justify its costs. Second, the Regulatory 
Flexibility Act of 1980 requires agencies to analyze the economic 
impact of regulatory changes on small entities. Finally, the Office of 
Management and Budget directs agencies to assess the effects of 
regulatory changes on international trade. In conducting these 
assessments, the FAA has determined that this proposed rule: (1) Would 
generate benefits exceeding its costs and is not ``significant'' as 
defined in Executive Order 12866; (2) is not ``significant'' as defined 
in DOT's Policies and Procedures; (3) would not have a significant 
impact on a substantial number of small entities; and (4) would not 
constitute a barrier to international trade. These analyses, available 
in the docket, are summarized as follows.

Costs and Benefits

    The proposed rule would impose minimal incremental compliance costs 
on existing airplanes and airplanes manufactured under existing type-
certificate because it would codify existing industry practices and 
clarify FAA requirements concerning cabin configuration and equipment 
specifications. With one exception, this proposed rule is expected to 
impose minimal compliance costs on future part 25 type certificated 
airplanes. The one exception would arise from the proposed part 25 
requirement for a viewing window at each emergency exit door or 
adjacent bay. In order for a tailcone emergency exit to meet this 
proposed requirement, considerable engineering redesign may be needed. 
The FAA specifically requests public comment on the technical and 
economic feasibility of this proposed provision.
    Similarly, the proposed rule would generate minimal real 
incremental benefits because it would codify current industry 
practices. The fact that the proposed rule reflects current industry 
practice indicates that airplane manufacturers and air carriers have 
determined that the proposals are warranted means of enhancing 
passenger and flight attendant survivability of a post-accident fire.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by government regulations. The RFA requires 
a Regulatory Flexibility Analysis if the proposed or final rule would 
have a significant economic impact, either detrimental or beneficial, 
on a substantial number of small entities. FAA Order 2100.14A, 
Regulatory Flexibility Criteria and Guidance, prescribes standards for 
complying with RFA review requirements in FAA rulemaking actions. The 
Order defines ``small entities'' in terms of thresholds, ``significant 
economic impact'' in terms of annualized cost thresholds, and 
``substantial number'' as a number which is not less than eleven and 
which

[[Page 38556]]

is more than one-third of the small entities subject to the proposed or 
final rule.
    Order 2100.14A specifies a size threshold for classification as a 
small manufacturer as 75 or fewer employees. No transport category 
airplane manufacturer has 75 or fewer employees. Therefore, the 
proposed rule would not have a significant economic impact on a 
substantial number of small manufacturers. Since the proposed rule 
would impose little or no incremental costs, there would not be a 
significant impact on a substantial number of small operators.

International Trade Impact Assessment

    The proposed rule would not constitute a barrier to international 
trade, including the export of U.S. airplanes to foreign countries and 
the import of foreign airplanes into the United States.

Federalism Implications

    The regulations proposed herein would not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

International Compatibility

    The FAA has reviewed the corresponding International Civil Aviation 
Organization regulations, where they exist, and had identified no 
differences in these proposed amendments and the foreign regulations. 
The FAA has also reviewed the Joint Airworthiness Authority Regulations 
and has discussed similarities and differences in these proposed 
amendments and the foreign regulations.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated 
with this proposed rule.

Conclusion

    Because the proposed revised standards for airplane cabin safety 
are not expected to result in a substantial economic cost, the FAA has 
determined that this proposed regulation is not a significant 
regulation under Executive Order 12866. The FAA has also determined 
that this action is not significant as defined in Department of 
Transportation Regulatory Policies and Procedures (44 FR 11034; 
February 26, 1979). Since the airplanes involved are not manufactured 
by small entities, it is certified under the criteria of the Regulatory 
Flexibility Act that this proposed regulation, if adopted, will not 
have a significant economic impact, positive or negative, on a 
substantial number of small entities. A copy of the initial regulatory 
evaluation prepared for this proposal may be examined in the public 
docket or obtained from the person identified under the caption, FOR 
FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 25

    Air transportation, Aircraft, Aviation safety, Safety.

14 CFR Part 121

    Aviation safety, Safety, Air carrier, Air traffic control, Air 
transportation, Aircraft, Aircraft pilots, Airmen, Airplanes, Airports, 
Airspace, Cargo, Chemicals, Children, Narcotics, Flammable materials, 
Handicapped, Hazardous materials, Common carriers.

The Proposed Amendments

    Accordingly, the Federal Aviation Administration (FAA) proposes to 
amend parts 25 and 121 of the Federal Aviation Regulations (FAR) (14 
CFR parts 25 and 121) as follows:

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

    1. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.


Sec. 25.807  [Amended]

    By amending Sec. 25.807, paragraph (d)(3)(ii) by removing the 
reference to ``Sec. 25.809(h)'' and inserting ``Sec. 25.810(a)'' in its 
place.
    3. By amending Sec. 25.809 by revising paragraph (a), and by adding 
a new paragraph (i) to read as follows:


Sec. 25.809  Emergency exit arrangement.

    (a) Each emergency exit, including each flightcrew emergency exit, 
must be moveable door or hatch in the external walls of the fuselage, 
allowing unobstructed opening to the outside. In addition, each 
emergency exit must have means to permit viewing of the outside 
conditions when the exit is closed, so that likely areas of evacuee 
ground contact are visible. The likely areas of evacuee ground contact 
must be viewable with the landing fear extended as well as in all 
conditions of landing gear collapse. The viewing means may be on the 
exit, or adjacent to it provided no obstructions exist between the exit 
and the viewing means.
* * * * *
    (i) Each emergency exit must have a means to retain the exit in the 
open position, once the exit is opened in an emergency. The means must 
be automatically engaged when the exit is fully opened, and must 
require positive action to disengage.
    4. By amending Sec. 25.812 by revising paragraphs (g)(1)(ii), 
(g)(2), and (h), introductory kit, to read as follows:


Sec. 25.812  Emergency Lighting

* * * * *
    (g) * * *
    (1) * * *
    (i) * * *
    (ii) Not less than 0.05 foot-candle (measured normal to the 
direction of the incident light) for a minimum width of 42 inches for a 
Type A overwing emergency exit and of 2 feet for all other overwing 
emergency exits along the 30 percent of the slip-resistant portion of 
the escape route required in Sec. 25.810(c) that is farthest from the 
exit; and
* * * * *
    (2) At each non-overwing emergency exit not required by 
Sec. 25.810(a) to have descent assist means the illumination must be 
not less than 0.03 foot-candle (measured normal to the direction of the 
incident light) on the ground surface with the landing gear extended 
where an evacuee is likely to make first contact with the ground 
outside the cabin.
    (h) the means required in Secs. 25.810(a) and (d) to assist the 
occupants in descending to the ground must be illuminated so that the 
erected assist means is visible from the airplane.
* * * * *
    5. By amending Sec. 25.813 by revising paragraphs (b)(1)(i) and 
(ii), (b)(2), (b)(3), by Adding new paragraphs (b)(4) and (b)(5) and by 
revising paragraphs (e) and (f) to read as follows:


Sec. 25.813  Emergency exit access

* * * * *
    (b) * * *
    (1) * * *
    (i) Each assist space must be a rectangle 12 X 20-inches on the 
floor (or the minimum size necessary to enable a crewmember, standing 
erect, to effectively assist evacuees, whichever is greater) with the 
12-inch dimension parallel to the exit opening, and
    (ii) There must be a handle, or handles, at each assist space, 
located to enable the crewmember to steady himself or herself while 
manually

[[Page 38557]]

activating the assist means and while assisting passengers during an 
evacuation.
    (2) For each Type A exit, assist space must be provided at each 
side of the exit regardless of whether a means is required by 
Sec. 25.810(a).
    (3) For each Type I or II exit installed in an airplane with 
seating for 79 or more passengers, an assist space must be provided at 
one side of the passageway regardless of whether a means is required by 
Sec. 25.810(a).
    (4) For each Type I or II exit, an assist space must be provided at 
one side of the passageway if a means is required by Sec. 25.810(a).
    (5) For any tailcone exit that qualifies for 25 additional 
passenger seats under the provisions of Sec. 25.807(d)(3)(ii), an 
assist space must be provided, if a means is required by 
Sec. 25.810(a).
* * * * *
    (e) No door may be installed between any passenger seat occupiable 
for takeoff and landing and any passenger emergency exit, such that the 
door crosses any egress path (including aisles, crossaisles and 
passageways).
    (f) If it is necessary to pass through a doorway separating any 
seat, occupiable for takeoff and landing (except those seats on the 
flight deck), from any emergency exit, the door must have a means to 
latch it in the open position.


Sec. 25.819  [Amended]

    6. By amending Sec. 25.819, paragraph (f), by removing the 
reference to ``Sec. 25.785(c)'' and inserting ``Sec. 25.785(d)'' in its 
place.
    7. By amending Sec. 25.853 by revising paragraph (d) to read as 
follows:


Sec. 25.853  Compartment interiors.

* * * * *
    (d) Smoking is not to be allowed in lavatories. If smoking is to be 
allowed in any area occupied by the crew or passengers, an adequate 
number of self-contained, removable ashtrays must be provided in 
designated smoking sections for all seated occupants.
* * * * *
    8. By amending the introductory text in Sec. 25.855 to read as 
follows:


Sec. 25.855  Cargo or baggage compartments.

    For each cargo or baggage compartment, the following apply:
* * * * *
    9. By amending Sec. 25.1411 by revising paragraph (c) to read as 
follows:


Sec. 25.1411  General

* * * * *
    (c) Emergency exit descent device. The stowage provisions for the 
emergency exit descent device required by Sec. 25.810(a) must be at 
each exit for which they are intended.
* * * * *
    10. By amending Sec. 25.1447 by revising paragraph (c)(4) to read 
as follows:


Sec. 25.1447  Equipment standards for the oxygen distributing units.

* * * * *
    (c) * * *
    (4) Portable oxygen equipment must be immediately available for 
each cabin attendant. The portable oxygen equipment must have the 
oxygen dispensing unit connected to the portable oxygen supply.

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    11. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    12. By amending Sec. 121.310 by revising paragraph (f)(2), by 
redesignating paragraph (f)(6) as (f)(7); by adding a new paragraph 
(f)(6); by redesignating existing paragraph (l) as paragraph (n); by 
adding a new paragraph (l); and by republishing newly redesignated 
paragraphs (f)(7) and (n) to read as follows:


Sec. 121.310  Additional emergency exit equipment.

* * * * *
    (f) * * *
    (2) For each Type I or Type II emergency exit equipped with an 
assist means, there must be enough space next to the exit to allow a 
crewmember to assist in the evacuation of passengers without reducing 
the unobstructed width of the passageway below that in paragraph (f)(1) 
of this section. In addition, all airplanes manufactured on or after 
[insert a date two years after the effective date of this amendment] 
must comply with the provisions of Secs. 25.813 (b)(1), (b)(2) and 
(b)(3) in effect on [insert the effective date of this amendment.] 
However, the Administrator may authorize a deviation from this 
requirement for an airplane certificated under the provisions of part 
5b of the Civil Air Regulations in effect before December 30, 1951, if 
he finds that special circumstances exist that provide an equivalent 
level of safety.
* * * * *
    (6) No person may operate a transport category airplane after a 
date two years after the effective date of this amendment, that 
incorporates a door installed between any passenger seat occupiable for 
takeoff and landing and any passenger emergency exit, such that the 
door crosses any egress path (including aisles, crossaisles and 
passageways).
    (7) If it is necessary to pass through a doorway separating the 
passenger cabin for other areas to reach required emergency exit from 
any passenger seat, the door must have a means to latch it in the open 
position, and the door must be latched open during each takeoff and 
landing. The latching means must be able to withstand the loads imposed 
upon it when the door is subjected to the ultimate inertia forces, 
relative to the surrounding structure, listed in Sec. 25.561(b) of this 
chapter.
* * * * *
    (l) After [insert a date two years after the effective date of this 
amendment] each airplane must comply with the provisions of 
Secs. 25.809(i) and 25.813(b)(l)(ii) in effect on [insert the effective 
date of this amendment].
* * * * *
    (n) Portable lights. After December 1, 1980, no person may operate 
a passenger-carrying airplane unless it is equipped with flashlight 
stowage provisions accessible from each flight attendant seat.
    13. By amending Sec. 121.333 by revising paragraph (d) as follows:


Sec. 121.333  Supplemental oxygen for emergency descent and for first 
aid; turbine engine powered airplanes with pressurized cabins.

* * * * *
    (d) Use of portable oxygen equipment by cabin attendants. After a 
date one year after the effective date of this amendment each mask used 
for portable oxygen equipment must be connected to its oxygen supply. 
Above flight level 250, one of the following is required:
    (1) Each attendant shall carry portable oxygen equipment with a 15 
minute supply of oxygen; or
    (2) There must be sufficient portable oxygen equipment (including 
masks and spare outlets) throughout the cabin so that such equipment is 
immediately available to each attendant, regardless of their location 
in the cabin.
* * * * *
    Issued in Washington, D.C., on July 16, 1996.
Ava L. Robinson,
Special Assistant to Director, Aircraft Certification Service.
[FR Doc. 96-18824 Filed 7-23-96; 8:45 am]
BILLING CODE 4910-13-M