[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Proposed Rules]
[Pages 14504-14507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6089]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM175; Notice No. 25-01-01-SC]


Special Conditions: Boeing Model 777-200 Series Airplanes; 
Overhead Crew Rest Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes to amend special conditions issued to The 
Boeing Company for Model 777-200 series airplanes, modified by Flight 
Structures, Inc. This airplane has a novel or unusual design feature 
associated with the installation of a crew rest compartment. Special 
Conditions No. 25-169-SC were issued on December 1, 2000, addressing 
this installation. On January 16, 2001, Flight Structures, Inc., 
applied for an amendment to these special conditions to allow the 
assistance of personnel in the main passenger cabin to assist in the 
evacuation of an incapacitated person from the flight deck to the main 
passenger cabin. The assistance by persons in the main passenger cabin 
would reduce the potential for injury to the incapacitated person(s) 
being lowered from the overhead crew rest area to the main passenger 
cabin. Since the applicable airworthiness regulations, including those 
contained in Special Conditions No. 25-169-SC, do not contain adequate 
or appropriate safety standards for this design feature, this notice 
contains the additional safety standards that the Administrator 
considers necessary to establish a level of safety equivalent to that 
established by the existing airworthiness standards.

DATES: Comments must be received on or before April 27, 2001.

ADDRESSES: Comments on this proposal may be mailed in duplicate to: 
Federal Aviation Administration, Transport Airplane Directorate, 
Attention: Rules Docket (ANM-114), Docket No. NM175, 1601 Lind Avenue 
SW., Renton, Washington, 98055-4056; or delivered in duplicate to the 
Transport Airplane Directorate at the above address. Comments must be 
marked: Docket No. NM175. Comments may be inspected in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Transport Standards 
Staff, ANM-115, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, Washington, 98055-4056; telephone (425) 227-2194; facsimile 
(425) 227-1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of 
these proposed special conditions by submitting such written data, 
views, or arguments, as they may desire. Communications should identify 
the regulatory docket or notice number and be submitted in duplicate to 
the address specified above. The Administrator will consider all 
communications received on or before the closing date for comments. The 
proposals described in this notice may be changed in light of the 
comments received. All comments received will be available in the Rules 
Docket for examination by interested persons, both before and after the 
closing date for comments. 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 submitted in response to this action must include with those 
comments a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to NM175.'' The postcard will be date 
stamped and returned to the commenter.

Background

    On June 25, 1999, Flight Structures Inc., 4407 172 Street NE, 
Arlington, Washington, 98223, applied for a supplemental type 
certificate to install an overhead crew rest compartment in Boeing 
Model 777-200 series airplanes. The Boeing Model 777-200 is a large 
twin-jet engine transport airplane with four pairs of Type A exits, a 
passenger capacity of 440, and a range of 5000 miles. The overhead crew 
rest compartment is a single compartment located at the door three 
vicinity above the main passenger compartment with eight private bunks 
and two seats. A stairwell entering from the door three aisle is the 
main entry. Two escape hatches are located on either side of the 
entryway door. It is to be certified for a maximum of ten occupants. 
Due to the novel or unusual features associated with the installation 
of a crew rest compartment, Special Conditions No. 25-169-SC were 
issued on December 1, 2000, to provide a level of safety equal to that 
established by the regulations incorporated by reference in the type 
certificate.

Novel or Unusual Design Features

    While the installation of a crew rest compartment is not a new 
concept for large transport category airplanes, each compartment design 
has unique features by virtue of its design, location, and use on the 
airplane. Previously, crew rest compartments have been evaluated that 
are installed within the main passenger compartment area of the Boeing 
Model 777-200 and Model 777-300 series airplanes; other crew rest 
compartments have been installed below the passenger cabin area, within 
the cargo compartment. Similar overhead crew rest compartments have 
also been installed on the Boeing Model 747 airplane. The interfaces of 
the modification are evaluated within the interior and assessed in 
accordance with the certification basis of the airplane. The provisions 
of compliance with part 25 address cabin systems and interiors as they 
relate to typical passenger compartments. Part 25 does not provide the 
requirements for crew rest compartments within the overhead area of the 
passenger compartment for the Boeing Model 777-200 series airplanes.
    This is a compartment that has never been used for this purpose in 
any previous Boeing Model 777-200 series airplanes. Due to the novel or 
unusual features associated with the installation of this crew rest 
compartment, special conditions are considered necessary to provide a 
level of safety equal to that established by the airworthiness 
regulations incorporated by reference in the type certificate.

Type Certification Basis

    Under the provisions of Sec. 21.101, Flight Structures, Inc., must 
show that

[[Page 14505]]

the Boeing Model 777-200 series airplane, as changed, continues to meet 
the applicable provisions of the regulations incorporated by reference 
in Type Certificate No. T00001SE or the applicable regulations in 
effect on the date of application for the change. The regulations 
incorporated by reference in the type certificate are commonly referred 
to as the ``original type certification basis.'' The regulations 
incorporated by reference in Type Certificate No. T00001SE for the 
Boeing Model 777-200 series airplanes include 14 CFR part 25, as 
amended by Amendments 25-1 through 25-82. The U.S. type certification 
basis for the Boeing Model 777-200 series airplanes is established in 
accordance with 14 CFR 21.29 and 21.17 and the type certification 
application date. The type certification basis is listed in Type 
Certificate Data Sheet No. T00001SE.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 25) do not contain adequate or appropriate 
safety standards for the Boeing Model 777-200 series airplanes because 
of a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec. 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, Boeing Model 777-200 series airplanes must comply with the 
fuel vent and exhaust emission requirements of 14 CFR part 34 and the 
noise certification requirements of 14 CFR part 36.
    Special conditions, as appropriate, are issued in accordance with 
Sec. 11.49, 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).
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same novel or unusual design feature, 
the special conditions would also apply to the other model under the 
provisions of Sec. 21.101(a)(1).

Discussion of the Proposed Special Conditions

    Flight Structures, Inc., now proposes to amend Special Conditions 
No. 25-169-SC to allow for assistance by persons on the main passenger 
cabin in the evacuation of an incapacitated person from the overhead 
crew rest. The current Special Condition No. 3 states the following: 
``There must be a means for the evacuation of an incapacitated person 
(representative of a ninety-fifth percentile male) from the crew rest 
compartment to the passenger cabin floor. The evacuation must be 
demonstrated for all evacuation routes. A flight attendant or other 
crewmember (a total of one assistant) may provide assistance in the 
evacuation.'' The applicant contends that assistance from persons on 
the main passenger cabin would reduce the possibility of injury to the 
incapacitated person being lowered from the overhead crew rest area 
into the main passenger cabin. The persons assisting could be either 
crewmembers or passengers seated in the area of the evacuation route.
    The FAA has considered the applicant's position and agrees with the 
proposal. The amended special conditions would allow persons in the 
main passenger cabin to assist a flight crewmember during the 
evacuation of the incapacitated person, possibly reducing injury. It 
was the intent of the original Special Condition No. 3 to limit the 
number of persons in the actual crew rest area to one person when 
assisting in the evacuation of an incapacitated person from the 
overhead crew rest area.
    The revised safety standard would be contained in proposed Special 
Condition No. 3. Although Special Conditions Nos. 1, 2, and 4 though 17 
are standards adopted in Special Conditions No. 25-169-SC and are not 
subject to further public comment, they are repeated in this notice in 
order to place the revised proposed standard in proper perspective.
    These proposed special conditions provide the regulatory 
requirements necessary for certification of this modification. Other 
special conditions may be developed, as needed, based on further FAA 
review and discussions with the applicant, manufacturer, and civil 
aviation authorities.

Applicability

    As discussed above, these special conditions are applicable to 
Boeing Model 777-200 series airplanes. Should Flight Structures, Inc., 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate No. T00001SE to incorporate 
the same novel or unusual design feature, the special conditions would 
apply to that model as well under the provisions of Sec. 21.101(a)(1).

Conclusion

    This action affects only certain novel or unusual design features 
on Boeing Model 777-200 series airplanes. It is not a rule of general 
applicability, and it affects only the applicant who applied to the FAA 
for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.
    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following amended Special Condition No. 3 as part of the type 
certification basis for Boeing Model 777-200 series airplanes, as 
modified by Flight Structures, Inc., with overhead crew rest 
compartments. (Existing Special Conditions (Nos. 1, 2, and 4-17 are 
repeated below for clarity.)
    1. Occupancy of the overhead crew rest compartment is limited to a 
maximum of ten occupants. There must be an approved seat or berth able 
to withstand the maximum flight loads when occupied for each occupant 
permitted in the crew rest compartment.
    (a) There must be appropriate placards, inside and outside to 
indicate:
    (1) The maximum number of occupants allowed,
    (2) That occupancy is restricted to crewmembers that are trained in 
the evacuation procedures for the overhead crew rest compartment,
    (3) That occupancy is prohibited during taxi, take-off and landing, 
and
    (4) That smoking is prohibited in the crew rest compartment.
    (b) There must be at least one ashtray on the inside and outside of 
any entrance to the crew rest compartment.
    (c) There must be a means to prevent passengers from entering the 
compartment in the event of an emergency or when no flight attendant is 
present.
    (d) There must be a means for any door installed between the crew 
rest compartment and passenger cabin to be capable of being quickly 
opened from inside the compartment, even when crowding occurs at each 
side of the door.
    (e) For all doors installed, there must be a means to preclude 
anyone from being trapped inside the compartment. If a locking 
mechanism is installed, it must be capable of being unlocked from the 
outside without the aid of special tools. The lock must not prevent 
opening from the inside of the compartment at any time.
    2. There must be at least two emergency evacuation routes that 
could be used by each occupant of the crew

[[Page 14506]]

rest compartment to rapidly evacuate to the main cabin. In addition--
    (a) The routes must be located with sufficient separation within 
the compartment, and between the evacuation routes, to minimize the 
possibility of an event rendering both routes inoperative.
    (b) The routes must be designed to minimize the possibility of 
blockage, which might result from fire, mechanical or structural 
failure, or persons standing below or against the escape route. One of 
two evacuation routes may not be located where, during times in which 
occupancy is allowed, normal movement by passengers occurs (i.e., main 
aisle, cross aisle, or galley complex) that would impede egress of the 
crew rest compartment. If there is low headroom at or near the 
evacuation route, provisions must be made to prevent or to protect 
occupants from head injury. The use of evacuation routes must not be 
dependent on any powered device. If the evacuation procedure involves 
the evacuee stepping on seats, the seats must not be damaged to the 
extent that they would not be acceptable for occupancy during an 
emergency landing.
    (c) Emergency evacuation procedures and the evacuation of 
incapacitated occupants must be established and transmitted to the 
operators for incorporation into their training programs and 
appropriate operational manuals.
    (d) There must be a limitation in the Airplane Flight Manual or 
other suitable means requiring that crewmembers be trained in the use 
of evacuation routes.
    3. There must be a means for the evacuation of an incapacitated 
person (representative of a ninety-fifth percentile male) from the crew 
rest compartment to the passenger cabin floor. The evacuation must be 
demonstrated for all evacuation routes. A flight attendant or other 
crewmember (a total of one assistant within the crew rest area) may 
provide assistance in the evacuation. Additional assistance may be 
provided by up to three persons in the main passenger compartment. 
These additional assistants must be standing on the floor while 
providing assistance. Procedures for the evacuation of an incapacitated 
person from the crew rest compartment must be established.
    4. The following signs and placards must be provided in the crew 
rest compartment:
    (a) At least one exit sign, located near each exit, meeting the 
requirements of Sec. 25.812(b)(1)(i).
    (b) An appropriate placard defining the location and the operating 
instructions for each evacuation route.
    (c) Placards must be readable from a distance of 30 inches under 
emergency lighting conditions.
    (d) The exit handles and evacuation path operating instruction 
placards must be illuminated to at least 160 microlamberts under 
emergency lighting conditions.
    5. There must be a means in the event of failure of the airplane's 
main power system, or of the normal crew rest compartment lighting 
system, for emergency illumination to be automatically provided for the 
crew rest compartment.
    (a) This emergency illumination must be independent of the main 
lighting system.
    (b) The sources of general cabin illumination may be common to both 
the emergency and the main lighting systems if the power supply to the 
emergency lighting system is independent of the power supply to the 
main lighting system.
    (c) The illumination level must be sufficient for the occupants of 
the crew rest compartment to locate and transfer to the main passenger 
cabin floor by means of each evacuation route.
    6. There must be means for two-way voice communications between the 
crewmembers on the flight deck and the occupants of the crew rest 
compartment. There must also be two-way communications between the 
occupants of the crew rest compartment and each flight attendant 
station required to have a public address system microphone per 
Sec. 25.1423(g) in the passenger cabin.
    7. There must be a means for manual activation of an aural 
emergency alarm system, audible during normal and emergency conditions, 
to enable crewmembers on the flight deck and at each pair of required 
floor level emergency exits to alert occupants of the crew rest 
compartment of an emergency situation. Use of a public address or crew 
interphone system will be acceptable, providing an adequate means of 
differentiating between normal and emergency communications is 
incorporated. The system must be powered in flight, after the shutdown 
or failure of all engines and auxiliary power units, or the 
disconnection or failure of all power sources dependent on their 
continued operation, for a period of at least ten minutes.
    8. There must be a means, readily detectable by seated or standing 
occupants of the crew rest compartment, which indicates when seat belts 
should be fastened. Seat belt type restraints must be provided for 
berths and must be compatible for the sleeping attitude during cruise 
conditions. There must be a placard on each berth requiring that seat 
belts must be fastened when occupied. If compliance with any of the 
other requirements of these special conditions is predicated on 
specific head location, there must be a placard identifying the head 
position. In the event there are no seats, at least one sign must be 
provided to cover anticipated turbulence.
    9. The following equipment must be provided in the crew rest 
compartment:
    (a) At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur;
    (b) One protective breathing equipment device approved to Technical 
Standard Order (TSO)-C116 or equivalent, suitable for fire fighting; 
and
    (c) One flashlight.
    10. A smoke detection system (or systems) must be provided that 
monitors each area within the crew rest compartment, including those 
areas partitioned by curtains. Flight tests must be conducted to show 
compliance with this requirement. Each system (or systems) must 
provide:
    (a) A visual indication to the flight deck within one minute after 
the start of a fire;
    (b) An aural warning in the crew rest compartment; and
    (c) A warning in the main passenger cabin. This warning must be 
readily detectable by a flight attendant, taking into consideration the 
positioning of flight attendants throughout the main passenger 
compartment during various phases of flight.
    11. The crew rest compartment must be designed such that fires 
within the compartment can be controlled without a crewmember having to 
enter the compartment, or the design of the access provisions must 
allow crewmembers equipped for firefighting to have unrestricted access 
to the compartment. The time for a crewmember on the main deck to react 
to the fire alarm, to don the fire fighting equipment, and to gain 
access must not exceed the time for the compartment to become smoke-
filled, making it difficult to locate the fire source.
    12. There must be a means provided to exclude hazardous quantities 
of smoke or extinguishing agent originating in the crew rest 
compartment from entering any other compartment occupied by crewmembers 
or passengers. The means must include the time periods during the 
evacuation of the crew rest compartment and, if applicable, when 
accessing the crew rest compartment to manually fight a fire. Smoke 
entering any other compartment occupied by crewmembers or passengers 
must dissipate within 5

[[Page 14507]]

minutes after closing the access to the crew rest compartment. Flight 
tests must be conducted to show compliance with this requirement.
    13. There must be a supplemental oxygen system equivalent to that 
provided for main deck passengers for each seat and berth in the crew 
rest compartment. The system must provide:
    (a) An aural and visual warning to the occupants of the crew rest 
compartment to don oxygen masks in the event of decompression; and
    (b) A decompression warning that activates before the cabin 
pressure altitude exceeds 15,000 feet. The warning must sound 
continuously until a reset pushbutton in the crew rest compartment is 
depressed.
    14. The following requirements apply to a crew rest compartment 
that is divided into several sections by the installation of curtains 
or partitions:
    (a) To compensate for sleeping occupants, there must be an aural 
alert that can be heard in each section of the crew rest compartment 
that accompanies automatic presentation of supplemental oxygen masks. 
Two 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 oxygen masks can be manually deployed from the 
flight deck.
    (b) A placard is required adjacent to each curtain that visually 
divides or separates, for privacy purposes, the overhead crew rest 
compartment into small sections. The placard must require that the 
curtain(s) remain open when the private section it creates is 
unoccupied. The vestibule section adjacent to the stairway is not 
considered a private area and, therefore, does not require a placard.
    (c) For each crew rest section created by the installation of a 
curtain, the following requirements of these special conditions must be 
met with the curtain open or closed:
    (1) No smoking placard (Special Condition No. 1),
    (2) Emergency illumination (Special Condition No. 5),
    (3) Emergency alarm system (Special Condition No. 7),
    (4) Seat belt fasten signal (Special Condition No. 8), and
    (5) The smoke or fire detection system (Special Conditions No.'s 
10, 11, and 12).
    (d) Overhead crew rest compartments visually divided to the extent 
that evacuation could be affected must have exit signs that direct 
occupants to the primary stairway exit. The exit signs must be provided 
in each separate section of the crew rest compartment, and must meet 
the requirements of Sec. 25.812(b)(1)(i).
    (e) For sections within an overhead crew rest compartment that are 
created by the installation of a rigid partition with a door physically 
separating the sections, the following requirements of these special 
conditions must be met with the door open or closed:
    (1) There must be a secondary evacuation route from each section to 
the main deck, or alternatively, it must be shown that any door between 
the sections has been designed to preclude anyone from being trapped 
inside the compartment.
    (2) Any door between the sections must be shown to be openable when 
crowded against, even when crowding occurs at each side of the door.
    (3) There may be no more than one door between any seat or berth 
and the primary stairway exit.
    (4) There must be exit signs in each section meeting the 
requirements of Sec. 25.812(b)(1)(i) that direct occupants to the 
primary stairway exit.
    (f) For each smaller section within the main crew rest compartment 
created by the installation of a partition with a door, the following 
requirements of these special conditions must be met with the door open 
or closed:
    (1) No smoking placards (Special Condition No. 1),
    (2) Emergency illumination (Special Condition No. 5),
    (3) Two-way voice communication (Special Condition No. 6),
    (4) Emergency alarm system (Special Condition No. 7),
    (5) Seat belt fasten signal (Special Condition No. 8),
    (6) Emergency fire fighting and protective equipment (Special 
Condition No. 9), and
    (7) Smoke or fire detection system (Special Conditions No.'s 10, 
11, and 12).
    15. The requirements of two-way voice communication with the flight 
deck and provisions for emergency firefighting and protective equipment 
are not applicable to lavatories or other small areas that are not 
intended to be occupied for extended periods of time.
    16. Where a waste disposal receptacle is fitted, it must be 
equipped with an automatic fire extinguisher that meets the performance 
requirements of Sec. 25.854(b).
    17. Materials (including finishes or decorative surfaces applied to 
the materials) must comply with the flammability requirements of 
Sec. 25.853(a), as amended by Amendment 25-83. Mattresses must comply 
with the flammability requirements of Sec. 25.853(c), as amended by 
Amendment 25-83.

    Issued in Renton, Washington on March 6, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-6089 Filed 3-12-01; 8:45 am]
BILLING CODE 4910-13-U