[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Rules and Regulations]
[Pages 59561-59565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29125]



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  Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / 
Rules and Regulations  

[[Page 59561]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM-25; Special Conditions No. 25-ANM-16A]


Special Conditions: Boeing Model 747 Series Airplanes; Overhead 
Crew Rest Area

AGENCY: Federal Aviation Administration, DOT.

ACTION: Amended special conditions.

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SUMMARY: These amended special conditions are issued to the Boeing 
Commercial Airplane Company for the Model 747 series airplanes. This 
airplane has a novel or unusual design feature associated with the 
overhead crew rest area. Special Conditions No. 25-ANM-16 were issued 
on November 13, 1987, addressing this installation. On January 23, 
1997, Boeing applied for a type design change which proposes to add an 
additional feature; the installation of curtains or partitions in the 
crew rest area. Since the applicable airworthiness regulations, 
including those contained in Special Conditions No. 25-ANM-16, do not 
contain adequate or appropriate safety standards for this particular 
design feature, these amended special conditions contain the additional 
safety standards which the Administrator finds necessary to establish a 
level of safety equivalent to that established by the airworthiness 
standards for transport category airplanes.

EFFECTIVE DATE: October 23, 1997.

FOR FURTHER INFORMATION CONTACT: Greg Dunn, FAA, Transport Standards 
Staff, Standardization Branch, ANM-113, 1601 Lind Avenue SW., Renton, 
WA 98055-4056; telephone (425) 227-2799, or facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 1986, the Boeing Commercial Airplane Company 
applied for a change to Type Certificate No. A20WE to include Model 747 
series airplanes with overhead crew rest areas installed. The crew rest 
area was to be installed above the main passenger cabin in the vicinity 
of the Number 5 passenger door. This is an area that had not been used 
for this purpose in any previous transport category airplane. Due to 
the novel or unusual features associated with the installation of those 
crew rest areas, Special Conditions No. 25-ANM-16 were issued on 
November 13, 1987, to provide a level of safety equal to that 
established by the regulations incorporated by reference in the type 
certificate. Upon issuance, Special Conditions No. 25-ANM-16 became 
part of the regulations incorporated by reference in Type Certificate 
No. A20WE for Boeing 747 series airplanes.
    Boeing Commercial Airplane Group now proposes certification of 
overhead crew rest areas that would be divided into three sections by a 
hard partition and a curtain. These crew rest areas, which would be in 
the same location, would be designated for in-flight use only and would 
include additional novel or unusual design features not incorporated in 
the previous crew rest areas. Because of these additional features, the 
regulations incorporated by reference in Type Certificate No. A20WE, 
including Special Conditions 25-ANM-16, do not contain adequate or 
appropriate safety standards. Special Conditions 25-ANM-16 would, 
therefore, be amended to contain the additional safety standards found 
necessary to establish a level of safety equivalent to that established 
in the regulations.

Discussion

    A hard partition separates the crew rest area into forward and aft 
sections while a door in the partition provides access between the 
forward and aft sections. A curtain slides in the forward and aft 
directions to visually divide the aft section of the crew rest area. 
Item 3 of Special Conditions No. 25-ANM-16 requires that a stairway be 
installed between the main deck and the crew rest area. Additionally, 
there must be an alternate evacuation route for occupants of the crew 
rest area, located on the opposite side of the crew rest area or 
sufficiently separated within the compartment from the stairway. The 
installation of a hard partition creates an area within the crew rest 
area which does not have a means of egressing directly to the main 
cabin.
    In addition to the partition, a curtain has been added to the crew 
rest area which further breaks up the crew rest area into sections. 
This was not considered in Special Conditions No. 25-ANM-16. The 
curtain and partition installation also reduces the accessibility to 
the emergency equipment and communication controls, and has the 
potential to prevent the occupants from being able to easily locate the 
primary and secondary escape means. This could cause additional 
confusion during an emergency.
    Since the installation of a door in the crew rest area raises 
concerns about operational reliability during an in-flight emergency 
and since the related paragraphs of Sec. 25.819 from which the original 
special conditions were developed require two evacuation routes, design 
features must be provided to assure that occupants of the forward 
section will be able to vacate the crew rest area in the event of an 
in-flight emergency. Additional emergency equipment and two-way 
communication equipment will also be required in the forward section 
since the equipment in the aft area will not be readily accessible to 
the forward section occupants in the event of an in-flight emergency.
    A limitation in the Airplane Flight Manual or other suitable means 
requiring that crewmembers be trained in the use of the evacuation 
routes would be required.
    The additional safety standards are contained in Item 13 of these 
amended special conditions. Items 1 through 12 are standards already 
adopted in Special Conditions No. 25-ANM-16.

Type Certification Basis

    The Type Certification Basis for the Boeing Model 747 series prior 
to the 747-400 is Part 25 of the FAR effective February 1, 1965, as 
amended by Amendments 25-1 through 25-8, plus Amendments 25-15, 25-17, 
25-18, 25-20, and 25-39, with certain exceptions and several sets of 
special conditions, which are identified in Type Certificate Data Sheet 
No. A20WE. These

[[Page 59562]]

exceptions are not pertinent to the subject of overhead crew rest 
areas.
    The regulations incorporated by reference in Type Certificate No. 
A20WE for the Boeing Model 747-400 series airplanes include Part 25 of 
the FAR as amended by Amendments 25-1 through 25-59, with certain 
exceptions not relevant to the installation of an overhead crew rest 
area.
    In addition, the regulations incorporated by reference for all 747 
series include the noise certification requirements of Part 36 of the 
FAR, emission standards, and a number of special conditions, including 
Special Conditions No. 25-ANM-16.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., Part 25 as amended) do not contain adequate or 
appropriate safety standards for the Boeing Model 747 because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec. 21.16.
    Special conditions, as appropriate, are issued in accordance with 
Sec. 11.49 of the FAR after public notice, as required by Secs.  11.28 
and 11.29(b), and become part of the type certification basis in 
accordance with Sec. 21.101(b)(2).

Discussion of Comments

    Notice of Proposed Special Conditions No. SC-97-4-NM for the Boeing 
Model 747 series airplanes, was published in the Federal Register on 
August 28, 1997 (62 FR 45589). Fourteen comments (from 4 different 
commenters) were received.
    Four comments were submitted by The Boeing Company. One seeks to 
limit the applicability of the new requirements in Item 13 to new 
designs and wants clarification that prior certified designs should be 
exempt from the revisions to the special condition. The FAA is not 
aware of any previously certified crew rest configurations that are 
divided into sections by a partition with a door. However, the FAA 
agrees that the requirements of Item 13 are only applicable to new 
designs. Existing designs approved by Type Certificate (TC) or by 
Supplemental Type Certificate (STC) are not required to be modified and 
can continue to be delivered without any retroactive changes. Any new 
TC or STC projects that modify an existing crew rest area or install a 
crew rest area into a previously certificated aircraft will be required 
to comply with the new requirements contained in Item 13, if the rest 
area is divided into sections. Since Item 13 contains requirements 
pertaining only to crew rest areas that are divided into sections, the 
requirements for crew rest areas not divided into sections are 
unchanged.
    Another comment suggests that Item 13, paragraph a., should be 
revised to prevent confusion. Paragraph a. states, ``* * * there must 
be an audible alert concurrent with automatic presentation of 
supplemental oxygen masks in each section of the crew rest, * * *''. 
Currently it is unclear whether the alerting method and/or the 
supplemental oxygen masks are required in each section of the crew rest 
area. The intent of paragraph a. was to require automatically presented 
supplemental oxygen in each section of the crew rest area. The 
presentation of the supplemental oxygen masks must be accompanied by an 
alert that can be heard in each section of the crew rest area. 
Paragraph a. has been revised to allow one alerting device to serve 
more than one section, provided it can clearly be heard in each 
section. Paragraph a. has also been clarified to identify that the 
supplemental oxygen masks are required in each section of the crew rest 
area.
    Another comment objects to the requirement in Item 13, paragraph 
e., that requires doors installed between partitions to be frangible 
from either direction. It was proposed to change the requirement to 
state that, ``All doors installed must be designed to preclude anyone 
from being trapped inside the compartment.'' This proposed revision 
identifies door performance criteria rather than a specific design 
solution. The proposed revision is also consistent with the requirement 
that was applied to the 777-200 Lower Lobe Attendant Rest. For this 
crew rest area, Boeing proposes alternate means to open the partition 
door in the event it is jammed or inoperable. The door can be removed 
from the aft side by disconnecting the hinge pins. From the front side 
the striker mechanism can be defeated to open the door and access the 
evacuation routes. The FAA concurs with the comment. These alternative 
means of opening a jammed or blocked door are acceptable, and that 
consideration should be given to designs that meet the proposed 
performance criteria rather than require partition doors to be 
frangible from both sides. Item 13, paragraph e., of these amended 
special conditions has been revised accordingly.
    Another comment seeks to change the requirements contained in Item 
13, paragraph f. This paragraph requires two-way voice communication 
equipment and additional emergency equipment in each section of a crew 
rest created by the installation of a hard partition with a door. The 
proposed revision suggests that the additional equipment should only be 
required in section(s) that did not provide an escape route to the main 
deck. The rationale was that the overall area of the crew rest is 
unchanged, so the only reason the additional equipment would be needed 
is if the partition door were inoperable (blocked or jammed). If the 
door were blocked or jammed, the alternate escape route could be used, 
precluding the necessity for the additional two-way communication 
equipment and emergency equipment. The FAA disagrees this is the only 
reason to install the additional equipment. There are several other 
scenarios that the FAA has considered. There may be a need for the main 
deck flightcrew to alert the occupants of the crew rest area to an in-
flight emergency in the passenger cabin. In this case, a phone in each 
section needs to be readily accessible. Another situation that may 
occur is the need for additional emergency equipment to fight a fire 
just outside a partition door. Accepting this comment could result in 
circumstances where a flight attendant may be forced to evacuate a crew 
rest area rather than retrieve the emergency equipment and fight a 
fire. This would be unacceptable. In this type of an emergency the two-
way voice communication equipment is also necessary so that backup 
personnel can be contacted.
    Two comments were received from a company that modifies aircraft 
interiors by STC projects. One comment was similar to the previously 
addressed comment regarding the requirements for frangible doors. The 
commenter thinks the requirement for a two-way frangible door is too 
restrictive and that other means of preventing entrapment within a 
compartment should be allowed. The commenter suggests that Item 13, 
paragraph e., could be applied to a lavatory door installed in the crew 
rest area. For an application such as a lavatory door, it was suggested 
that a removable panel in the door could adequately provide a means by 
which entrapment could be prevented. As discussed previously, the FAA 
agrees that other means to prevent entrapment should be considered and 
has revised Item 13, paragraph e., accordingly.
    This commenter also suggests that the requirement for additional 
emergency equipment contained in Item 13, paragraph f., should not be 
applied to a small section such as a lavatory, since a lavatory is not 
expected to be occupied for extended periods of time. The FAA agrees 
with this comment and has revised Item 13, paragraph f., accordingly. 
In addition, Item 13, paragraph f., has also been revised using

[[Page 59563]]

the above rationale to remove the requirement for additional two-way 
voice communication equipment in areas that are only meant to be 
temporarily occupied.
    A representative from the Association of Flight Attendants (AFA) 
submitted several comments. A summary of the AFA's position is that a 
crew rest area that is divided into sections by partitions and doors 
does not provide the same level of safety as the ``open'' configuration 
that was initially certified.
    One comment from the AFA was that the hard partition and curtain 
block the lines of sight within the crew rest area. The visual 
obstructions could then reduce the situational awareness within the 
individual sections, should an emergency develop. The example given by 
the commenter is that with the previously approved open area, if a fire 
were to break out, all occupants would be able to immediately assess 
conditions throughout the crew rest area. The commenter also expresses 
concern that the partition and curtains would limit visibility of the 
primary and secondary evacuation routes. Although the situational 
awareness from visibility between the sections may be reduced, the 
FAA's position is that the new requirements for additional smoke 
detectors, decompression alarms, two-way voice communication equipment, 
and public address (PA) systems audible in each section adequately 
compensate for the reduced visibility. These systems will adequately 
alert the crew rest area occupants to emergencies in the crew rest area 
and to emergencies on the main deck of the aircraft.
    In order to compensate for reduced visibility of the escape routes, 
exit signs have been required in each section of the crew rest area to 
assist the occupants in locating the primary exit. It should also be 
noted that the occupants of this crew rest area are required by Item 12 
of these special conditions to receive additional training in the use 
of both the primary and alternate evacuation routes. After considering 
the requirement for additional occupant training, the additional signs 
required by Item 13, paragraphs d. and e., and the small confines of 
the overhead crew rest area, it has been determined that the 
installation of the hard partition and curtain are very unlikely to 
create a situation where the occupants would not be able to locate 
either of the escape routes. To assure that future installations don't 
propose what could be envisioned as a maze within the overhead crew 
rest area, Item 13, paragraph e., prohibits arrangements that would 
require the occupants to pass through more than one door before 
reaching the primary exit.
    Another comment opposes installation of the partition door because 
of concerns for entrapment and the potential of the door to become a 
barrier to evacuation. There is no specific time requirement for 
evacuating the overhead crew rest area since it is not allowed to be 
occupied for taxi, takeoff and landing. Boeing has conducted 
certification testing that has shown that the door in the hard 
partition can be opened or removed should the door become blocked or 
jammed. The hinge pins can be removed from the aft side, and the 
striker mechanism can be defeated from the forward side; these 
operations can be accomplished in several seconds and are contrary to 
comments suggesting these features are difficult to operate. Since the 
door can be opened or removed in several seconds, the door cannot be 
considered an entrapment hazard or an impediment to egress. It should 
be noted that similar hinge pin designs and striker defeat mechanisms 
have been previously approved for other crew rest areas and lavatories.
    A comment was also made that the door hinge pins should be 
relocated to the forward side of the partition door in conjunction with 
relocating the striker defeat mechanism to the aft side. There was no 
supportive reasoning provided for this recommendation, although it 
appears that the commenter believes that in the event the door is 
blocked or inoperable, it would be easier to evacuate the forward 
section of the crew rest area by removing the door from it's hinges 
than by defeating the striker mechanism. As was previously stated, the 
door design proposed by Boeing has been reviewed by the FAA, and has 
been found to provide an acceptable means to prevent entrapment.
    Another comment suggests that a crash axe should be required in the 
forward compartment as a backup to the striker defeat mechanism. This 
suggestion will not be added to these special conditions. The partition 
door proposed by Boeing has been designed so that it cannot be jammed 
as a result of aircraft structural failure. Even if the door were 
jammed, it is possible to defeat the striker mechanism to gain access 
to the aft section of the crew rest area. If for some reason it were 
not possible to operate the striker defeat mechanism, the occupants of 
the forward section of the crew rest area could still use the two-way 
voice communication equipment required by Item 13, paragraph f., to 
summon additional help. Since this area is not allowed to be occupied 
for taxi, takeoff, and landing, there is no immediate need to be able 
to evacuate to the main deck. For this reason, the two-way voice 
communication equipment is considered an adequate backup to the striker 
defeat mechanism.
    A comment was also submitted regarding the requirement for one 
additional protective breathing equipment (PBE) in the forward section 
of the crew rest. Concern was expressed that one additional PBE 
installed in the forward section of the crew rest area would not 
adequately protect all the occupants. The PBE's that are installed in 
the forward and aft sections are intended to be used for firefighting, 
not for providing breathable air for each crew rest occupant. There are 
no other crew rest areas that require one PBE per occupant. In the 
event of a fire in the crew rest area, it would be expected that one or 
two flight attendants would don the protective breathing equipment and 
stay to fight the fire while the others quickly evacuated to the main 
deck. For this reason, the one additional PBE in the forward section 
provides the same level of safety for a divided crew rest as has been 
provided for the previously certified open crew rest in that its 
installation assures accessibility of the emergency equipment deemed 
most critical, within each section of the crew rest area.
    Another comment suggests that the leg rests on the double seats 
located directly aft of the partition door should be required to be 
stowed when not in use. For the Boeing 747-400 that was reviewed by the 
AFA, instructional placards have been installed that require the 
legrests be stowed in accordance with the commenter's suggestion. It is 
the FAA's position that it is not necessary to include this proposal in 
the revised special conditions, as the legrests do not affect the 
partition door operation and can be quickly stowed by anyone in the aft 
section of the crew rest area. As a normal function of certifying new 
crew rest configurations, this type of a potential egress hindrance 
would be evaluated and appropriate actions would be taken to ensure the 
effectiveness of the escape path.
    Another comment from the AFA relates a near-fire incident inside a 
747-400 crew rest where a blanket started smoldering in a crew rest 
bunk after having been in contact with a reading light. The commenter 
requests that fire retardant lights and materials be required in this 
area. The types of materials allowed in the overhead crew rest area are 
already addressed as part of the certification basis of the 747-400 
which includes Sec. 25.853, Amendment 59. In addition to the materials 
required

[[Page 59564]]

by Sec. 25.853 Amendment 59, the crew rest area is also protected by a 
smoke detection system required by Item 10; Item 13, paragraph c.; and 
Item 13, paragraph f., that annunciates in the flight deck, even when 
the crew rest area is unoccupied. In regard to the specific incident 
identified by the commenter, Boeing has made design changes to replace 
the style of reading light involved in the near fire incident with a 
reading light design that puts out less heat.
    One comment was received from the Air Line Pilots Association, who 
states that the location of the crew rest area would make it unsuitable 
for cockpit crews, but provided no supportive reasoning for its 
position.
    It is the FAA's position that the additional criteria contained in 
Item 13 of these special conditions provides an equal level of safety 
for a divided crew rest as that established by the regulations 
incorporated by reference in Type Certificate No. A20WE.
    Under standard practice, the effective date of final or amended 
special conditions would be 30 days after the date of publication in 
the Federal Register. However, since delivery of Model 747-400 
airplanes with these additional novel or unusual design features is 
currently scheduled for October 24, 1997, and because a delay would 
significantly affect the applicant's installation and type 
certification of the crew rest area, the FAA finds that good cause 
exists for making these amended special conditions effective upon 
issuance.
    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 manufacturer who applied to 
the FAA for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Air transportation, Aircraft, Aviation safety, Safety.

    The authority citation for these special conditions is as follows:

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

The Amended Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following amended special conditions are issued as 
part of the type certification basis for the Boeing Model 747 series 
airplanes.
    1. Occupancy of the overhead crew rest area is limited to a maximum 
of 10 crewmembers. Occupancy during taxi, takeoff, or landing is not 
permitted.
    2. There must be a stairway between the main deck and the crew rest 
area and there must be an alternate evacuation route for occupants of 
the crew rest area.
    The stairway and alternate evacuation route must be located on 
opposite sides of the crew rest area or have sufficient separation 
within the compartment. The stairway and the alternate evacuation route 
must provide for evacuation of an incapacitated person, with 
assistance, from the crew rest area to the main deck, must not be 
dependent on any powered device, and must be designed to minimize the 
possibility of blockage which might result from fire, mechanical or 
structural failure. The crewmember procedures for carriage of an 
incapacitated person must be established.
    3. An exit sign meeting the requirements of Sec. 25.812(b)(1)(i) 
must be provided in the crew rest area near the stairway.
    4. In the event the airplane's main power system should fail, 
emergency illumination of the crew rest area must be automatically 
provided. Unless two independent sources of normal lighting are 
provided, the emergency illumination of the crew rest area must be 
automatically provided if the crew rest area normal lighting system 
should fail. The illumination level must be sufficient for the 
occupants of the crew rest area to locate, and descend to the main deck 
by means of the stairway and/or the alternate evacuation route, and to 
read any required operating instructions.
    5. There must be a means for two-way voice communication between 
crewmembers on the flight deck and occupants of the crew rest area, and 
between crewmembers and at least one flight attendant seat on the main 
deck and occupants of the crew rest area.
    6. There must also be either public address speaker(s), or other 
means of alerting the occupants of the crew rest area to an emergency 
situation, installed in the crew rest area.
    7. There must be a means, readily detectable by occupants of the 
crew rest area, that indicates when seat belts should be fastened and 
when smoking is prohibited.
    8. For each occupant permitted in the crew rest area, there must be 
an approved seat or berth that must be able to withstand the maximum 
flight loads when occupied.
    9. The following equipment must be provided:
    a. At least one approved fire extinguisher appropriate to the kinds 
of fires likely to occur.
    b. One protective breathing device, having TSO-C99 authorization or 
equivalent, suitable for firefighting.
    c. One flashlight.
    10. A smoke detection system that annunciates in the flight deck 
and is audible in the crew rest area must be provided.
    11. A supplemental oxygen system equivalent to that provided for 
main deck passengers must be provided for each seat and berth.
    12. There must be a limitation in the Airplane Flight Manual or 
other suitable means requiring that crewmembers be trained in the use 
of the evacuation routes.
    13. The following requirements apply to crew rest areas that are 
divided into several sections by the installation of curtains or 
partitions.
    a. To compensate for lack of crowd awareness, there must be an 
aural alert that can be heard in each section of the crew rest area 
that accompanies automatic presentation of supplemental oxygen masks in 
each section of the crew rest area. The supplemental oxygen masks are 
required in each section whether or not seats or berths are installed 
in each section. There must also be a means by which the flightcrew can 
manually deploy the oxygen masks.
    b. A placard is required adjacent to each curtain that visually 
divides or separates the overhead crew rest area into small areas to 
serve a function of creating privacy. The placard must require that the 
curtain(s) remain open when the private area it creates is unoccupied. 
The vestibule area adjacent to the stairway is not considered a private 
area and, as such, its vacancy does not require a placard.
    c. Each crew rest section created by the installation of a curtain 
must meet the requirements of items 4, 6, 7, and 10 of these special 
conditions with the curtain open or closed.
    d. Overhead crew rest areas, which are visually divided to the 
extent that evacuation could be affected, must have exit signs meeting 
the requirements of Sec. 25.812(b)(1)(i) in each separate area of the 
crew rest area which direct occupants to the primary stairway exit.
    e. Sections within an overhead crew rest area that are created by 
the installation of a rigid partition with a door physically separating 
the sections must provide a secondary evacuation route from each 
section of the crew rest area to the main deck, or it must be shown 
that any door between the sections has been designed to preclude anyone 
from being trapped inside the compartment. Any door between the 
sections must be shown to be openable when crowded against. There can 
be no

[[Page 59565]]

more than one door between each section of a crew rest area and the 
primary stairway exit. Exit signs meeting the requirements of 
Sec. 25.812(b)(1)(i) that direct occupants to the primary stairway exit 
must be provided in each section of the crew rest area.
    f. Each smaller area, within the main crew rest area, created by 
the installation of a partition with a door must individually meet the 
requirements of items 4, 5, 6, 7, 9 and 10 of these special conditions 
with the door open or closed. The requirements of items 5 and 9 are not 
applicable to lavatories or other small areas that are not intended to 
be occupied for extended periods of time.

    Issued in Renton, Washington, on October 23, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service, ANM-100.
[FR Doc. 97-29125 Filed 11-3-97; 8:45 am]
BILLING CODE 4910-13-P