[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Proposed Rules]
[Pages 58331-58335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29050]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 25611]
RIN 2120-AC84


Retrofit of Improved Seats in Air Carrier Transport Category 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of public meeting, reopening of comment period.

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SUMMARY: This document announces a public meeting in which the Federal 
Aviation Administration (FAA) will discuss changes in and solicit 
comments and information from the public on the FAA's current draft 
rule to require the retrofit of improved seats in air carrier transport 
category airplanes. A Notice of Proposed Rulemaking (NPRM) that 
proposed requiring more crashworthy seats on most air carrier airplanes 
operating under parts 121 and 135 was published on May 17, 1988. The 
draft

[[Page 58332]]

rule currently under consideration differs in some respects from the 
1988 proposal. This document describes those differences and announces 
a 2-day public meeting at which the difference may be addressed and 
more current information and views obtained. This document also reopens 
the comment period.

DATES: The public meeting will be held on December 8 and 9, 1998, at 
9:00 a.m., in Arlington, Virginia. Registration will begin at 8:30 a.m. 
on each day. Comments must be received no later than January 8, 1999.

ADDRESSES: The public meeting will be held at the Marriott Crystal 
Forum, 1999 Jefferson Davis Highway, Arlington, Virginia 22203-3564; 
telephone (703) 413-5500, facsimile (703) 413-0185.
    Persons who are unable to attend the meeting and wish to submit 
written comments may mail their comments (clearly marked with the 
docket number) in triplicate to Federal Aviation Administration, Office 
of the Chief Counsel, Attention: Rules Docket (AGC-200), Docket No. 
25611, 800 Independence Avenue SW., Washington, DC 20591, or deliver in 
person to room 915G at the same address. Comments also may be submitted 
electronically to the following Internet address: 9-npr-
[email protected]. Comments may be inspected in room 915G weekdays, 
except Federal holidays, between 8:30 a.m. and 5:00 p.m. Written 
comments to the docket will receive the same consideration as 
statements made at the public meeting.

FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the 
public meeting and questions regarding the logistics of the meeting 
should be directed to Ms. Terry Stubblefield, Aircraft and Airport 
Rules Division, ARM-200, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
7624, facsimile (202) 267-5075. Technical questions should be directed 
to Mr. John Petrakis, Aircraft Engineering Division, AIR-120, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
220591; telephone (202) 267-9274, facsimile (202) 267-5340. Cost/
Benefit questions should be directed to Ms. Marilyn Don Carlos, 
Aircraft Regulatory Analysis Branch, APO-320, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-3319, facsimile (202) 267-3324.

SUPPLEMENTARY INFORMATION: The public meeting will be held at the 
Marriott Crystal Forum, 1999 Jefferson Davis Highway, Arlington, 
Virginia 22202-3564; telephone (703) 413-5500, facsimile (703) 413-
0185. Hotel reservations should be made in advance. A block of rooms 
has been reserved at the following two hotels:
     Hyatt Regency Crystal City at Washington National Hotel, 
2799 Jefferson Davis Highway, Arlington, Virginia 22202; telephone 
(703) 418-1234, facsimile (703) 418-1289.
     Hilton Crystal City at National Airport, 2399, Jefferson 
Davis Highway, Arlington, Virginia 22202; telephone (703) 418-6800, 
facsimile (703) 418-3763.

Persons wishing to attend the public meeting are encouraged to make 
reservations at the Hyatt Regency Crystal City by November f16, 1998, 
or at the Hilton Crystal City by November 7, 1998, to take advantage of 
the special room rates. When making reservations, persons should 
contact the hotel directly using the telephone or facsimile numbers 
listed above and should indicate that they will be attending the 
Federal Aviation Administration public meeting.
    The purpose of the meeting is for the FAA to (1) discuss with the 
public the draft final rule that is currently under consideration, 
which differs from the original proposal, (2) fully discuss the 
technical and cost-related issues of compliance with the retrofit of 
improved seats on air carrier transport category airplanes, and (3) 
hear comments from the public on these issues. The agenda for the 
meeting will include:

Day One

     Review Technical Standard Order (TSO)-C127a changes.
     Review of latest Head Injury Criteria (HIC) research and 
component tester development.
     Review the NPRM (Notice No. 88-8) and text of the draft 
final rule currently under consideration.
     Discuss ``16g-compatible seat'' testing for passenger and 
flight attendant seats.
     Review in detail the cost/benefit analysis.
     Public presentations.

Day Two

     Public presentations.
     Responses to questions and open discussion of identified 
issues.

Participation at the Public Meeting

    Requests from persons who wish to present oral statements at the 
public meetings should be received by the FAA no later than December 1, 
1998. Such requests should be submitted to Ms. Terry Stubblefield, 
Aircraft and Airport Rules Division, as listed in the section above 
titled FOR FURTHER INFORMATION CONTACT and should include a written 
summary of oral remarks to be presented and an estimate of time needed 
for the presentation. Requests received after the date specified above 
will be scheduled if there is time available during the meeting; 
however, the names of those individuals may not appear on the written 
agenda. The FAA will prepare an agenda of speakers and presenters and 
make the agenda available at the meeting. To accommodate as many 
speakers as possible, the amount of time allocated to each speaker may 
be less than the amount of time requested. Persons requiring 
audiovisual equipment should notify the FAA when requesting to be 
placed on the agenda.

Background

    Title III, section 303(b) of the Airport and Airway Safety and 
Capacity Expansion Act of 1987 (Public Law 100-223, December 30, 1987) 
mandates rulemaking to consider requiring improved crashworthiness 
standards for aircraft seats. The act states the following:

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary [of Transportation] shall initiate a rulemaking 
proceeding to consider requiring all seats on board all air carrier 
aircraft to meet improved crashworthiness standards based upon the 
best available testing standards for crashworthiness.

    On May 17, 1988, the FAA published crashworthiness standards for 
seats used in newly certified transport category airplanes (53 FR 
17640). On the same date, the FAA published an NPRM (Notice No. 88-8, 
53 FR 17650) to require the retrofit of crashworthy seats on most 
existing transport category airplanes used in operations under 14 CFR 
parts 121 and 135. The NPRM proposed to prohibit the operation of these 
airplanes unless all passenger and flight attendant seats met the 
crashworthiness standards for newly certified airplanes adopted 
concurrently by the agency in 14 CFR part 25, as noted above.
    Approximately 70 commenters responded to Notice No. 88-8. Forty-
five commenters agreed with the proposal, 14 opposed it, and 11 
supported the intent of the proposal but did not agree with all the 
provisions. Comments received in response to Notice No. 88-8, 
subsequent submittals, and information obtained during other public 
meetings are being considered in developing the proposed final rule.

[[Page 58333]]

Proposed Revisions Under Consideration

    Based on comments to Notice No. 88-8, and other available 
information, the FAA is considering revisions to the proposed rule. The 
proposal currently under consideration is described as follows:
    Section 121.311, Seats, safety belts, and shoulder harnesses, 
contains the current requirements. The FAA is considering adopting a 
new paragraph (j) that would prohibit the operation of each transport 
category airplane type certificated after January 1, 1958, unless all 
passenger and flight attendant seats in the airplane fully comply with 
the provisions of 14 CFR 025.562, in effect on June 16, 1988. The FAA 
is considering an exception for airplanes operated in all-cargo 
operations. The prohibition would be effective 4 years after the date 
of publication of the final rule.
    The FAA is also considering an alternative to paragraph (j), which 
would be contained in a new paragraph (k). The alternative would allow 
a transport category airplane type certified after January 1, 1958, to 
continue to be operated after 4 years after the final rule is 
published, provided that all passenger and flight attendant seats 
comply with 14 CFR 25.562, or a properly marked as ``16g-compatible.'' 
Any combination of seats that comply with 14 CFR 25.562, or are 
properly marked also would be acceptable. A seat could be properly 
marked as ``16g-compatible'' if it is manufactured before the 4 year 
date, and the Administrator has determined the seat type to be capable 
of carrying the resultant dynamic loads required in Sec. 25.562 (a) and 
(b), without structural separation of primary, i.e., seat legs, frame, 
or seat track attachments. The concept of ``16g compatible'' is further 
described below.
    The Administrator's determination that a seat type is ``16g-
compatible'' would be required to be made before 3 years after 
publication of the final rule. The Administration could make the 
determination on a later date if it is also determined that special 
circumstances make compliance by the 3 year date impracticable and that 
the public interest warrants a later date. A request for such an 
extension would be made to the Manager of the Transport Airplane 
Directorate, Aircraft Certification Service; in responding to that 
request, the Directorate would consider, among other things, the 
specific seats/seat types for which timely compliance would not be 
achieved, the reasons why compliance could not be achieved earlier, and 
the proposed schedule for compliance.

Analysis of Proposed Revisions Under Consideration

    The FAA is describing the revisions currently under consideration 
to allow for public review prior to the public meeting. If the rule is 
adopted with the changes described above, seats that would be approved 
as ``16g-compatible'' would be required to undergo a supplemental 
certification. The supplemental seat certification process that will be 
administered by the FAA would be as follows.
    Aircraft seats/seat types designed and manufactured to the 
requirements of TS0-C39, i.e., ``9g seats'' or the equivalent that an 
operator or seat manufacturer (applicant) considers to be ``16g-
compatible seats,'' would be required to be approved by the FAA. To 
qualify a ``16g-compatible seat,'' the applicant would be required to 
show that the seat or seat type will withstand the forces addressed in 
14 CFR Sec. 25.562(a) and (b) without structural separation of the 
seat's primary structure. In addition, the applicant would have to show 
that the occupant dummy remains in the seat during the test and would 
not be ``entrapped'' by the test article.
    The responsibility for demonstrating compliance would rest with the 
operator. The responsibility for obtaining supplemental seat 
certification approval for ``16g-compatible seats'' would rest with 
either the air carrier operator or the aircraft seat manufacturer. The 
applicant would have to provide the FAA with sufficient seat dynamic 
test data to support a compliance finding. At a minimum, the data 
package would include the dynamic test results for a 16g forward test 
with floor warpage (for passenger seats only) and a 16g vertical test. 
The data would include a complete description of the test article (for 
example, configuration, weight, and restraints); other types of testing 
information (including test set up, type of anthropomorphic dummy, and 
detailed description of seat attachment to include type of floor track 
(representative floor track not required) or wall mounting, and seat 
floor or wall attach fittings (for passenger seats only)); facility 
used and observers present; deformation measurements, if available; and 
any post-test observations, photos, and video documentation.
    A seat shown to be a variation of an approved ``16g-compatible 
seat'' could be approved by similarity analysis. These related seats 
could be shown to be similar to a dynamic test article and/or the 
differences statistically analyzed to substantiate similarity. Modest 
seat weight increases not to exceed 6 percent would be allowed.
    Applicants would submit their requests and substantiating test data 
package to their local Aircraft Certification Office for evaluation. 
Subsequent evaluation, if necessary, would be performed by a ``Seat 
Evaluation Review Team'' consisting of a core of two or three engineers 
from the FAA's Aircraft Certification Service and the Civil Aeromedical 
Institute (CAMI), who would be responsible for the final technical 
evaluation and approval, to ensure standardization of evaluation.
    Written supplemental seat approvals for seats meeting the 
requirements, when granted, would be issued by the Director, Aircraft 
Certification Service to the applicant, which could be either the 
aircraft seat manufacturer or the operator. Each applicant in 
possession of written approval would be required to provide the proper 
identification of its seats by ensuring that each seat permanently and 
legibly is labeled as follows: ``16g Compatible per Sec. 121.311'' and 
date of application of the label. The label would be required to be 
conspicuously located next to the existing seat label.
    The FAA will make available, upon request, information stating the 
makes and models of approved ``16g-compatible seat'' types. However, 
affected air carriers and commercial operators ultimately would be 
responsible for obtaining the necessary data and approval. The FAA 
anticipates that seat manufacturers and associations such as the Air 
Transport Association (ATA), National Air Transportation Association 
(NATA), Regional Airline Association (RAA), and others, who have worked 
with the FAA in the past to improve occupant safety, would share data 
and information with each other. The air carrier, commercial operator, 
or airplane manufacturer may get a seat manufacturer to share some of 
the burden of obtaining FAA approval of some aspects of seating system 
design. In any event, it is each operator's responsibility to obtain 
supplemental seat certification for continued operation of airplanes.

Cost/Benefit Information

Costs

    The total cost of the 16g seat retrofit draft final rule will be 
$950.5 million ($518.7 million discounted at 7 percent) over the 20-
year period from 1999 through 2018. In the development of

[[Page 58334]]

this analysis the following assumptions were made:
    1. On average, an airplane's service life is expected to be 42 
years and its passenger seats are replaced at 14-year intervals.
    2. Airplane passenger seats installed or replaced since 1992 are 
16g compatible.
    3. Flight attendant seats are not replaced.
    4. The incremental cost of a 16g compatible passenger seat is $78. 
Installation costs are $65 per seat.
    5. The average cost of a 16g flight attendant seat is $5,400. 
Installation costs are $85 per seat.
    6. With a compliance date proposed at 4 years after the effective 
date of the rule, estimated to be January 1999, the costs of the rule 
include costs for the early replacement of some seats.
    7. Downtime costs for airplanes whose seats will be replaced on an 
accelerated schedule (i.e., normal replacement would not occur before 
the compliance date) are $9,124 for the half-day estimated for 
installation.
    8. A weight penalty of 1.5 pounds per passenger seat place and 
between 0 and 3 pounds per flight attendant seat was used.
    9. The annual cost of carrying the additional weight of a passenger 
seat is $14.02, while the annual cost of the additional weight of a 
flight attendant seat is $8.42 (weighted average).
    10. Although the FAA believes air carriers will replace ``16g-
compatible seats'' with ``16g-compatible seats,'' the FAA has included 
the incremental costs of the ``16g passenger seats'' and their weight 
penalties from the date of replacement after the effective date of the 
rule.
    11. An average of six passenger seats per airplane will need to 
have additional protection to comply with front-row HIC. The cost of 
this protection, which could be in the form of a special seat belt, is 
estimated to be $50 per seat.
    12. Air carriers will not need to remove a row of seats, avoiding 
lost revenue.
    13. No structural modifications to the airframe of affected 
airplanes will be necessary as a result of the rule.
    The total estimated cost for seats, installation, weight penalties, 
and downtime for certain airplanes is $637.8 million. Certification 
costs during the period will be $312.7 million ($156.8 million 
discounted). The cost to show 16g compatibility is estimated to be 
$100,000 per certification. The cost to show full 16g requirements is 
$200,000 per certification. The cost per certification to show 16g 
requirements for a similar configuration is $40,000.

Benefits

    The benefits of the 16g seat retrofit rule are estimated to range 
from $680 million to $1.2 billion ($290 to $530 million, discounted) 
over a 20-year period.
    These benefits are based on the number of fatalities and injuries 
that would be avoided given accident rates that had survivors. 
Approximately 210 to 410 fatalities and 220 to 240 serious injuries 
would be avoided over a 20-year period.
    The range of benefits stems from the uncertainty in determining 
whether a given fatality would have been prevented with a 16g seat 
(researchers' confidence in the specific cause of fatalities varied 
across accidents, seat location, etc.).

Information Requested

    Based on the length of time since the close of the comment period, 
the FAA has determined that it is in the public interest to reopen the 
comment period on this NPRM to seek additional data and supporting 
methodology in the following areas:
    1. How many applications for seat certifications (basic vs. 
modification) should the FAA expect per year for each seat class--
flight attendant, tourist, business, and first class for both 16g and 
``16g-compatible''?
    2. What will it cost to certificate a ``16g-compatible seat'' vs. a 
full 16g seat?
    3. What is the structural weight increase/decrease between a 16g 
and a 9g seat, by class?
    4. What percentage of seats produced since 1992 are ``16g-
compatible?''
    5. Are the assumptions valid that passenger seats are replaced, on 
average, every 14 years, and that flight attendant seats are rarely 
replaced?
    6. What is the average retirement age for an airplane when it 
leaves part 121 or part 135 service?
    7. What are various means of complying with front-row HIC? How much 
do they cost? Are there disadvantages to installing a y-belt? What 
about removable bulkheads, airbags, or shoulder harnesses? What is the 
incremental cost of a y-belt, a shoulder harness, and an airbag?
    8. The FAA received comments stating that removing a row of seats 
is the only way to comply with HIC. What is the foundation for that 
comment? Is the answer different depending on whether the airplane is a 
wide or narrow body?
    9. The FAA received comments that estimated the cost associated 
with loss of one seat per flight per day. Did that comment take into 
consideration the fact that, because most people book seats in advance, 
these passengers could rebook seats on nonfilled flights?
    10. How long would it take to remove old seats and install 16g or 
``16g-compatible seats'' in an airplane? When would new seat 
installations most likely be done? Would they be done in service or 
during C checks or D checks?
    Accordingly, the FAA will conduct a 2-day public meeting in 
Arlington, Virginia, for the purpose of gathering this additional 
information.
    The comment period on the proposed rule will remain open until 
January 8, 1999, 30 days after the close of the public meeting. The FAA 
will use this public meeting as a forum to discuss previously submitted 
comments, hear new comments, and accept additional data and support 
methodologies from the public.
    Persons interested in obtaining a copy of Notice No. 88-8 should 
contact Ms. Terry Stubblefield, Aircraft and Airport Rules Division, at 
the address, telephone number, or facsimile number provided in the 
section above titled FOR FURTHER INFORMATION CONTACT.
    An electronic copy of the Notice of Public Meeting and Notice No. 
88-8 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) or the Government 
Printing Office's (GPO) electronic bulletin board service (telephone: 
(202) 512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the GPO's web page at http://www.access.gpo.gov/su__docs to access 
recently published rulemaking documents.

Public Meeting Procedures

    Persons who plan to attend the meeting should be aware of the 
following procedures established for this meeting:
    1. There will be no admission fee or other charge to attend or to 
participate in the public meeting. The meeting will be open to all 
persons who have requested in advance to present statements or who 
register on the day of the meeting (between 8:30 a.m. and 9:00 a.m.), 
subject to availability of space in the meeting room.
    2. Representatives from the FAA will conduct the public meeting. A 
panel of FAA experts will be present to discuss information presented 
by participants.
    3. The public meeting is intended as a forum to seek additional 
data and to obtain clarification of supporting

[[Page 58335]]

methodologies from the industry. Participants must limit their 
presentations and submissions of data to this issue.
    4. The meeting will offer the opportunity for all interested 
parties to present additional information not currently available to 
the FAA, and will provide an opportunity for the FAA to explain the 
methodology and technical assumptions supporting its current 
conclusions.
    5. FAA experts and public participants are expected to engage in a 
full discussion of all technical material presented at the meetings. 
Each person presenting conclusions will be expected to submit to the 
FAA data fully supporting those conclusions; all proprietary data 
submitted will be protected by the FAA from disclosure in accordance 
with applicable laws.
    6. The FAA will try to accommodate all speakers; therefore, it may 
be necessary to limit the time available for an individual or group. If 
necessary, the meeting may be extended to evenings or additional days. 
If practicable, the meeting may be accelerated to enable adjournment in 
less than the time scheduled.
    7. Sign and oral interpretation can be made available at the 
meeting, as well as an assistive listening device, if requested 10 
calendar days before the meeting.
    8. The meeting will be recorded by a court reporter. A transcript 
of the meeting and all material accepted by the panel during the 
meeting will be included in the public docket, unless protected from 
disclosure. Each person interested in purchasing a copy of the 
transcript should contact the court reporter directly. This information 
will be available at the meeting.
    9. The FAA will review and consider all material presented by 
participants at the public meeting. Position papers or material 
presenting views or information related to the draft final rule may be 
accepted at the discretion of the presiding officer and will be 
subsequently placed in the public docket. The FAA requests that 
presenters at the meeting provide 10 copies of all materials to be 
presented for distribution to the panel members; other copies may be 
provided to the audience at the discretion of the presenter.
    10. Statements made by members of the panel are intended to 
facilitate discussion of the issues or to clarify issues. Comments made 
at these public meetings will be considered by the FAA before making a 
final decision on issuance of the final rule.
    11. The meeting is designed to solicit public views and more 
complete information relevant to the final rule under consideration. 
Therefore, the meeting will be conducted in an informal and 
nonadversarial manner.

    Issued in Washington, DC, on October 23, 1998.
Douglas Kirkpatrick,
Acting Director, Aircraft Certification Service.
[FR Doc. 98-29050 Filed 10-29-98; 8:45 am]
BILLING CODE 4910-13-M