[Federal Register Volume 67, Number 132 (Wednesday, July 10, 2002)]
[Rules and Regulations]
[Pages 45627-45629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17375]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 132 / Wednesday, July 10, 2002 / 
Rules and Regulations  

[[Page 45627]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM224; Special Conditions No. 25-206-SC]


Special Conditions: Boeing Model 737-79U IGW (BBJ, S/N: 29441) 
Airplane; Certification of Cooktops

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Boeing Model 737-
79U IGW airplane (BBJ Serial Number 29441). This airplane, as modified 
by Schwartz Engineering Company, 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 June 28, 2002. 
Comments must be received on or before August 9, 2002.

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. NM224, 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. NM224. 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: Alan Sinclair, FAA, Airframe/Cabin 
Safety, 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 been subject to the public 
comment process in several prior instances with no substantive comments 
received. The FAA therefore finds that good cause exists for making 
these special conditions effective upon issuance; however, the FAA 
invites interested persons to participate in this rulemaking by 
submitting written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 7:30 a.m. and 4:00 p.m., Monday through 
Friday, except Federal holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions in light of the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it back to you.

Background Information

    On June 1, 2001, Schwartz Engineering Company, 116 Kestrel Drive, 
Spring Branch, Texas 78070, applied for a supplemental type certificate 
(STC) to modify a Boeing Model 737-79U IGW airplane (BBJ serial number 
29441). The Model 737-79U IGW is one of the Boeing Business Jet (BBJ) 
variants of Model 737 airplanes. It is a large transport category 
airplane powered by two CFM 56 engines, with a maximum takeoff weight 
of 171,000 pounds. The modified 737-79U IGW airplane (BBJ serial number 
29441) operates with a 2-pilot crew, up to 2 flight attendants, and can 
hold up to 11 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 issued.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Schwartz Engineering Company 
must show that the Boeing Model 737-79U IGW airplane (BBJ serial number 
29441), 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 to 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

[[Page 45628]]

contain adequate or appropriate safety standards for the Boeing Model 
737-79U IGW airplane (BBJ serial number 29441) modified by Schwartz 
Engineering Company 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 737-79U IGW airplane (BBJ serial number 
29441) must comply with the fuel vent and exhaust emission requirements 
of part 34 and the noise certification requirements of part 36.
    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 Schwartz Engineering Company 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 737-79U IGW 
airplane (BBJ serial number 29441) 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. 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 737-79U IGW airplane (BBJ serial number 29441) modified by 
Schwartz Engineering Company. Should Schwartz Engineering Company 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 737-79U IGW airplane (BBJ serial number 29441) 
modified by Schwartz Engineering Company. 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 the special conditions for this airplane has been 
subjected to notice and comment procedure in several prior instances 
and has been derived without substantive change from those previously 
issued. 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 opportunities 
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.

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 737-79U 
IGW airplane (BBJ serial number 29441) modified by Schwartz Engineering 
Company:

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;

[[Page 45629]]

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 
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 of 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 
``Air Conditioning Systems for Subsonic Airplanes,'' Society of 
Automotive Engineers, Aerospace Recommended Practice 85, Rev. E, 
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.
    10. A readily deployable cover must be provided to cover the 
cooktop during taxi, takeoff, and landing (TT&L) operation. The 
deployment of the cover must automatically shut off power to the 
cooktop.

    Issued in Renton, Washington, on June 28, 2002.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-17375 Filed 7-9-02; 8:45 am]
BILLING CODE 4910-13-P