[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Rules and Regulations]
[Pages 33551-33553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM285; Special Conditions No. 25-269-SC]


Special Conditions: Boeing Model 767-2AX 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 767-
2AX airplane, (serial number 33685), modified by Associated Air Center. 
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 includes 
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 3, 2004. 
Comments must be received on or before August 2, 2004.

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. NM285, 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. 285. 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: Jayson Claar, FAA, Airframe/Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98055-
4056; telephone (425) 227-2194; facsimile (425) 227-1232.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. For this reason, 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. We are 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.
    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 p.m., Monday through Friday, 
except Federal holidays.
    We will consider all comments we receive on or before the closing 
date for

[[Page 33552]]

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 based on the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on 
these special conditions, 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 November 22, 2002, Associated Air Center, P.O. Box 540728, 8210 
Lemmon Ave, Love Field, Dallas, Texas 75234, applied for a Supplemental 
Type Certificate (STC) to modify the Boeing Model 767-2AX airplane 
(serial number 33685). The Model 767-2AX is a large transport category 
airplane powered by two GE CF6-80C2 engines, with a maximum takeoff 
weight of 395,000 pounds. The modified Model 767-2AX airplane operates 
with a 2-pilot crew (8 crew rest seats), up to 3 flight attendants, and 
can hold up to 32 passengers.
    The modification includes 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, Associated Air Center must 
show that the Boeing Model 767-2AX airplane (serial number 33685), as 
changed, continues to meet the applicable provisions of the regulations 
incorporated by reference in Type Certificate Data Sheet No. A1NM, 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. A1NM are 14 CFR part 25, as amended by 
amendments 25-1 through 25-37, with reversions to earlier amendments. 
It also includes 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 767-2AX airplane 
(serial number 33685), modified by Associated Air Center 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 767-2AX airplane (serial number 33685) 
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 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.
    Special conditions are initially applicable to the model for which 
they are issued. Should Associated Air Center apply at a later date for 
a supplemental type certificate to modify any other model included on 
the Type Certificate No. A1NM to incorporate the same or similar novel 
or unusual design feature, these special conditions would also apply to 
the other model under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    As noted earlier, the modification of the Boeing Model 767-2AX 
airplane (serial number 33685) 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 767-2AX airplane (serial number 33685), modified by 
Associated Air Center. Should Associated Air Center apply at a later 
date for a supplemental type certificate to modify any other model 
included on Type Certificate No. A1NM to incorporate the same or 
similar novel or unusual design feature, these special conditions would 
apply to that model as well under the provisions of Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on the Boeing Model 767-2AX airplane (serial number 33685), modified by 
Associated Air Center. 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.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
The authority citation for these special conditions is as follows:

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

The Special Conditions

0
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 767-2AX 
airplane (serial number 33685), modified by Associated Air Center.

[[Page 33553]]

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

    Issued in Renton, Washington, on June 3, 2004.
Franklin Tiangsing,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13580 Filed 6-15-04; 8:45 am]
BILLING CODE 4910-13-U