[Federal Register Volume 66, Number 195 (Tuesday, October 9, 2001)]
[Rules and Regulations]
[Pages 51299-51301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25293]



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  Federal Register / Vol. 66, No. 195 / Tuesday, October 9, 2001 / 
Rules and Regulations  

[[Page 51299]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM197; Special Conditions No. 25-186-SC]


Special Conditions: Boeing Model 737-700 Airplane; Certification 
of Cooktops

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 737-
700 airplane modified by Schwartz Engineering Company (SEC). This 
modified airplane will have a novel or unusual design feature when 
compared to the state of technology envisioned in the airworthiness 
standards for transport category airplanes. The modification 
incorporates the installation of an electrically heated surface, called 
a cooktop. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for addressing the potential 
hazards that may be introduced by cooktops. These special conditions 
contain 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: The effective date of these special conditions is October 1, 
2001. Comments must be received on or before November 23, 2001.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration, Transport Airplane 
Directorate, Attention: Rules Docket (ANM-113), Docket No. NM197, 1601 
Lind Avenue SW., Renton, Washington 98055-4056; or delivered in 
duplicate to the Transport Airplane Directorate at the above address. 
All comments must be marked: Docket No. NM197. Comments may be 
inspected in the Rules Docket weekdays, except Federal holidays, 
between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98055-
4056; telephone (425) 227-2195; facsimile (425) 227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay certification of the 
airplane and thus delivery of the affected aircraft. In addition, the 
substance of these special conditions has previously been subject to 
the public comment process with no substantive comments received. The 
FAA therefore finds that good cause exists for making these special 
conditions effective upon issuance.

Comments Invited

    Interested persons are invited to submit such written data, views, 
or arguments as they may desire. Communications should identify the 
rules docket 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 special 
conditions described in this document 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. Commenters wishing the FAA to acknowledge receipt of their 
comments submitted in response to these special conditions must include 
with those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. NM197.'' The 
postcard will be date stamped and returned to the commenter.

Background Information

    On September 20, 2000, Schwartz Engineering Company (SEC), 115 
Kestrel Drive, Spring Branch, Texas 78070, applied for a Supplemental 
Type Certificate (STC) to modify the Boeing Model 737-700 airplane. The 
Model 737-700 is a large transport category airplane powered by two CFM 
56 engines, with a maximum takeoff weight of 171,000 pounds. The 
modified 737-700 airplane operates with a 2-pilot crew, up to 3 flight 
attendants, and can hold up to 18 passengers.
    The modification incorporates the installation of an electrically 
heated surface, called a cooktop. Cooktops introduce high heat, smoke, 
and the possibility of fire into the passenger cabin environment. These 
potential hazards to the airplane and its occupants must be 
satisfactorily addressed. Since existing airworthiness regulations do 
not contain safety standards addressing cooktops, special conditions 
are therefore needed.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, SEC must show that the 
Boeing Model 737-700 airplane, as changed, continues to meet the 
applicable provisions of the regulations incorporated by reference in 
Type Certificate Data Sheet No. A16WE, 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 Data Sheet No. A16WE are 
part 25, as amended by Amendments 25-1 through 25-77, with reversions 
to earlier amendments, voluntary compliance with later amendments, 
special conditions, equivalent safety findings, and exemptions listed 
in the Type Certificate Data Sheet.
    If the Administrator finds that the applicable airworthiness 
regulations (that is, part 25 as amended) do not contain adequate or 
appropriate safety standards for the Boeing Model 737-700 airplane 
modified by SEC 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, this Boeing Model 737-700 airplane must comply with the 
fuel vent and exhaust emission requirements of part 34 and the noise 
certification requirements of part 36.

[[Page 51300]]

    Special conditions, as defined in Sec. 11.19, are issued in 
accordance with Sec. 11.38, and become part of the type certification 
basis in accordance with Sec. 21.101(b)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should SEC apply at a later date 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, 
these special conditions would also apply to the other model under the 
provisions of Sec. 21.101(a)(1).

Novel or Unusual Design Features

    As noted earlier, the modification of the Boeing Model 737-700 
airplane will include installation of a cooktop in the passenger cabin. 
Cooktops introduce high heat, smoke, and the possibility of fire into 
the passenger cabin environment. The current airworthiness standards of 
part 25 do not contain adequate or appropriate safety standards to 
protect the airplane and its occupants from these potential hazards. 
Accordingly, this system is considered to be a novel or unusual design 
feature.

Discussion

    Currently, ovens are the prevailing means of heating food on 
airplanes. Ovens are characterized by an enclosure that contains both 
the heat source and the food being heated. The hazards represented by 
ovens are thus inherently limited, and are well understood through 
years of service experience. Cooktops, on the other hand, are 
characterized by exposed heat sources and the presence of relatively 
unrestrained hot cookware and heated food, which may represent 
unprecedented hazards to both occupants and the airplane.
    Cooktops could have serious passenger and airplane safety 
implications if appropriate requirements are not established for their 
installation and use. These special conditions apply to cooktops with 
electrically-powered burners equipped with an automatic power shut off 
feature, which turns off the power to the cooktop whenever the cooktop 
cover is closed. This automatic shut off feature prevents the cooktop 
from being a hazard to the passengers and crew and from becoming a fire 
hazard when the cover is closed, thus increasing the level of safety.
    The use of an open flame cooktop (for example natural gas) is 
beyond the scope of these special conditions and would require separate 
rulemaking action. The requirements identified in these special 
conditions are in addition to those considerations identified in 
Advisory Circular (AC) 25-10, Guidance for Installation of 
Miscellaneous Non-required Electrical Equipment, and those in AC 25-17, 
Transport Airplane Cabin Interiors Crashworthiness Handbook. The intent 
of these special conditions is to provide a level of safety that is 
consistent with that on similar airplanes without cooktops.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 737-700 airplane modified by SEC. Should SEC apply at a 
later date 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, these 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 the Boeing Model 737-700 airplane modified by SEC. It is not a rule 
of general applicability and affects only the applicant who applied to 
the FAA for approval of these features on the airplane.
    The substance of these special conditions has previously been 
subjected to the notice and comment period and has been derived without 
substantive change. It is unlikely that prior public comment would 
result in a significant change from the substance contained herein. For 
this reason, and because a delay would significantly affect the 
certification of the airplane, which is imminent, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon issuance. The FAA is requesting comments to allow 
interested persons to submit views that may not have been submitted in 
response to the prior opportunity for comment described above.

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.

PART 25--[AMENDED]

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the supplemental type certification basis for the Boeing Model 737-700 
airplane modified by SEC.

Cooktop Installations With Electrically-Powered Burners

    1. Means, such as conspicuous burner-on indicators, physical 
barriers, or handholds, must be installed to minimize the potential for 
inadvertent personnel contact with hot surfaces of both the cooktop and 
cookware. Conditions of turbulence must be considered.
    2. Sufficient design means must be included to restrain cookware 
while in place on the cooktop, as well as representative contents 
(soups or sauces, for example) from the effects of flight loads and 
turbulence.
    (a) Restraints must be provided to preclude hazardous movement of 
cookware and contents. These restraints must accommodate any cookware 
that is identified for use with the cooktop.
    (b) Restraints must be designed to be easily utilized and effective 
in service. The cookware restraint system should also be designed so 
that it will not be easily disabled, thus rendering it unusable.
    (c) Placarding must be installed which prohibits the use of 
cookware that cannot be accommodated by the restraint system.
    3. Placarding must be installed which prohibits the use of cooktops 
(that is, power on any burner) during taxi, takeoff, and landing (TTL).
    4. Means must be provided to address the possibility of a fire 
occurring on or in the immediate vicinity of the cooktop caused by 
materials or grease inadvertently coming in contact with the burners.

    Note: Two acceptable means of complying with this requirement 
are as follows:
     Placarding must be installed that prohibits any burner 
from being powered when the cooktop is unattended (this would 
prohibit a single person from cooking on the cooktop and 
intermittently serving food to passengers while any burner is 
powered). In addition, a fire detector must be installed in the 
vicinity of the cooktop, which provides an audible warning in the 
passenger cabin; and a fire extinguisher of appropriate size and 
extinguishing agent must be installed in the immediate vicinity of 
the cooktop. A fire on or around the cooktop must not block access 
to the extinguisher. One of the fire extinguishers required by 
Sec. 25.851 may be used to satisfy this requirement if the total 
complement of extinguishers can be evenly distributed throughout the 
cabin. If this is not possible, then the extinguisher in the galley 
area would be additional.
    or
     An automatic, thermally-activated fire suppression 
system must be installed to extinguish a fire at the cooktop and

[[Page 51301]]

immediately adjacent surfaces. The agent used in the system must be 
an approved total flooding agent suitable for use in an occupied 
area. The fire suppression system must have a manual override. The 
automatic activation of the fire suppression system must also 
automatically shut off power to the cooktop.

    5. The surfaces of the galley surrounding the cooktop, which would 
be exposed to a fire on the cooktop surface or in cookware on the 
cooktop, must be constructed of materials that comply with the 
flammability requirements of part III of appendix F to part 25. This 
requirement is in addition to the flammability requirements typically 
required of the materials in these galley surfaces. During the 
selection of these materials, consideration must also be given to 
ensure that the flammability characteristics of the materials will not 
be adversely affected by the use of cleaning agents and utensils used 
to remove cooking stains.
    6. The cooktop must be ventilated with a system independent of the 
airplane cabin and cargo ventilation system. Procedures and time 
intervals must be established to inspect and clean or replace the 
ventilation system to prevent a fire hazard from the accumulation of 
flammable oils. These procedures and time intervals must be included in 
the Instructions for Continued Airworthiness (ICA). The ventilation 
system ducting must be protected by a flame arrestor.

    Note: The applicant may find additional useful information in 
Society of Automotive Engineers, Aerospace Recommended Practice 85, 
Rev. E, entitled ``Air Conditioning Systems for Subsonic 
Airplanes,'' dated August 1, 1991.

    7. Means must be provided to contain spilled foods or fluids in a 
manner that will prevent the creation of a slipping hazard to occupants 
and will not lead to the loss of structural strength due to airplane 
corrosion.
    8. Cooktop installations must provide adequate space for the user 
to immediately escape a hazardous cooktop condition.
    9. A means to shut off power to the cooktop must be provided at the 
galley containing the cooktop and in the cockpit. If additional 
switches are introduced in the cockpit, revisions to smoke or fire 
emergency procedures of the AFM will be required.

    Issued in Renton, Washington, on October 1, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-25293 Filed 10-5-01; 8:45 am]
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