[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52407-52410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14750]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE259; Special Conditions No. 23-199-SC]


Special Conditions: AmSafe, Incorporated; Diamond Aircraft 
Industries, Incorporated, Model DA40 and DA42; Inflatable Three-Point 
Restraint Safety Belt With an Integrated Airbag Device

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 installation of an 
AmSafe, Inc., Inflatable Three-Point Restraint Safety Belt with an 
Integrated Airbag Device on Diamond models DA40 and DA42. These 
airplanes, as modified by the installation of this Inflatable Safety 
Belt, will have novel and unusual design features associated with the 
upper-torso restraint portions of the three-point safety belt, which 
contains an integrated airbag device. The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. 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 August 29, 
2006. Comments must be received on or before October 6, 2006.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration (FAA), Regional Counsel, 
ACE-7, Attention: Rules Docket, Docket No. CE259, 901 Locust, Room 506, 
Kansas City, Missouri 64106, or delivered in duplicate to the Regional 
Counsel at the above address. Comments must be marked: CE259. 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: Mr. Mark James, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4137, 
fax 816-329-4090, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment is

[[Page 52408]]

impractical because these procedures would significantly delay issuance 
of approval 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.

Comments Invited

    Interested persons are invited to submit such written data, views, 
or arguments, as they may desire. Communications should identify the 
regulatory docket or special condition number and be submitted in 
duplicate to the address specified above. All communications received 
on or before the closing date for comments will be considered by the 
Administrator. The special conditions 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 this notice must include a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to CE259.'' The postcard will be date stamped and returned 
to the commenter.

Background

    On February 13, 2006, AmSafe, Inc., applied for a supplemental type 
certificate, for the installation of a three-point safety belt 
restraint system incorporating an inflatable airbag for the pilot, co-
pilot, and passenger seats of the Diamond Aircraft Industries, Inc., 
model DA40 and DA42 airplanes. The Diamond model DA40 is a single 
engine, four-place airplane, and the model DA42 is a twin engine, four-
place airplane.
    The inflatable restraint system is a three-point safety belt 
restraint system consisting of a lap belt and shoulder harness. An 
inflatable airbag is attached to the shoulder harness. The inflatable 
portion of the restraint system will rely on sensors to electronically 
activate the inflator for deployment. The inflatable restraint system 
will be installed on the pilot, co-pilot, and passenger seats.
    If an emergency landing occurs, the airbag will inflate and provide 
a protective cushion between the occupant's head and the structure 
within the airplane. This will reduce the potential for head and torso 
injury. The inflatable restraint behaves in a manner similar to an 
automotive airbag; however, in this case, the airbag is integrated into 
the shoulder harness. While airbags and inflatable restraints are 
standard in the automotive industry, the use of an inflatable three-
point restraint system is novel for general aviation operations.
    The FAA has determined that this project will be accomplished on 
the basis of providing the same current level of safety as the Diamond 
Aircraft Industries, Inc., model DA40 and DA42 occupant restraint 
systems. The FAA has two primary safety concerns with the installation 
of airbags or inflatable restraints:
     That they perform properly under foreseeable operating 
conditions; and
     That they do not perform in a manner or at such times as 
to impede the pilot's ability to maintain control of the airplane or 
constitute a hazard to the airplane or occupants.
    The latter point has the potential to be the more rigorous of the 
requirements. An unexpected deployment while conducting the takeoff or 
landing phases of flight may result in an unsafe condition. The 
unexpected deployment may either startle the pilot or generate a force 
sufficient to cause a sudden movement of the control yoke. Either 
action could result in a loss of control of the airplane, the 
consequences of which are magnified due to the low operating altitudes 
during these phases of flight. The FAA has considered this when 
establishing these special conditions.
    The inflatable restraint system relies on sensors to electronically 
activate the inflator for deployment. These sensors could be 
susceptible to inadvertent activation, causing deployment in a 
potentially unsafe manner. The consequences of an inadvertent 
deployment must be considered in establishing the reliability of the 
system. AmSafe, Inc., must show that the effects of an inadvertent 
deployment in flight are not a hazard to the airplane or that an 
inadvertent deployment is extremely improbable. In addition, general 
aviation aircraft are susceptible to a large amount of cumulative wear 
and tear on a restraint system. The potential for inadvertent 
deployment may increase as a result of this cumulative damage. 
Therefore, the impact of wear and tear on inadvertent deployment must 
be considered. The effect of this cumulative damage means a life limit 
must be established for the appropriate system components in the 
restraint system design.
    There are additional factors to be considered to minimize the 
chances of inadvertent deployment. General aviation airplanes are 
exposed to a unique operating environment, since the same airplane may 
be used by both experienced and student pilots. The effect of this 
environment on inadvertent deployment must be understood. Therefore, 
qualification testing of the firing hardware/software must consider the 
following:
     The airplane vibration levels appropriate for a general 
aviation airplane; and
     The inertial loads that result from typical flight or 
ground maneuvers, including gusts and hard landings.
    Any tendency for the firing mechanism to activate as a result of 
these loads or acceleration levels is unacceptable.
    Other influences on inadvertent deployment include high intensity 
electromagnetic fields (HIRF) and lightning. Since the sensors that 
trigger deployment are electronic, they must be protected from the 
effects of these threats. To comply with HIRF and lightning 
requirements, the AmSafe, Inc., inflatable restraint system is 
considered a critical system, since its inadvertent deployment could 
have a hazardous effect on the airplane.
    Given the level of safety of the current Diamond Aircraft 
Industries, Inc., DA40 and DA42 occupant restraints, the inflatable 
restraint system must show that it will offer an equivalent level of 
protection for an emergency landing. If an inadvertent deployment 
occurs, the restraint must still be at least as strong as a Technical 
Standard Order approved belt and shoulder harnesses. There is no 
requirement for the inflatable portion of the restraint to offer 
protection during multiple impacts, where more than one impact would 
require protection.
    The inflatable restraint system must deploy and provide protection 
for each occupant under an emergency landing condition. The seats of 
the models DA40 and DA42 are certificated to the structural 
requirements of Sec.  23.562; therefore, the test emergency landing 
pulses identified in Sec.  23.562 must be used to satisfy this 
requirement.
    A wide range of occupants may use the inflatable restraint; 
therefore, the protection offered by this restraint should be effective 
for occupants that range from the fifth percentile female to the 
ninety-fifth percentile male. Energy absorption must be performed in a 
consistent manner for this occupant range.
    In support of this operational capability, there must be a means to 
verify the integrity of this system before

[[Page 52409]]

each flight. AmSafe, Inc., may establish inspection intervals where 
they have demonstrated the system to be reliable between these 
intervals.
    An inflatable restraint may be ``armed'' even though no occupant is 
using the seat. While there will be means to verify the integrity of 
the system before flight, it is also prudent to require unoccupied 
seats with active restraints not constitute a hazard to any occupant. 
This will protect any individual performing maintenance inside the 
cockpit while the aircraft is on the ground. The restraint must also 
provide suitable visual warnings that would alert rescue personnel to 
the presence of an inflatable restraint system.
    In addition, the design must prevent the inflatable seatbelt from 
being incorrectly buckled and/or installed such that the airbag would 
not properly deploy. AmSafe, Inc., may show that such deployment is not 
hazardous to the occupant and will still provide the required 
protection.
    The cabins of the Diamond model airplanes identified in these 
special conditions are confined areas, and the FAA is concerned that 
noxious gasses may accumulate if the airbag deploys. When deployment 
occurs, either by design or inadvertently, there must not be a release 
of hazardous quantities of gas or particulate matter into the cockpit.
    An inflatable restraint should not increase the risk already 
associated with fire. Therefore, the inflatable restraint should be 
protected from the effects of fire to avoid creating an additional 
hazard by, for example, a rupture of the inflator.
    Finally, the airbag is likely to have a large volume displacement, 
and possibly impede the egress of an occupant. Since the bag deflates 
to absorb energy, it is likely that the inflatable restraint would be 
deflated at the time an occupant would attempt egress. However, it is 
appropriate to specify a time interval after which the inflatable 
restraint may not impede rapid egress. Ten seconds has been chosen as 
reasonable time. This time limit will offer a level of protection 
throughout the impact event.

Type Certification Basis

    Under the provisions of Sec.  21.101, AmSafe, Inc., must show that 
the Diamond model DA40 and DA42, as changed, continue to meet the 
applicable provisions of the regulations incorporated by reference in 
Type Certificate No. A47CE (DA40), A57CE (DA42) 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 
following models are covered by this special condition:

Diamond DA40

    Type Certificate No. A47CE, Revision 6, dated January 12, 2006.

Diamond DA42

    Type Certificate No. A57CE, Revision 4, dated June 30, 2006.
    For the models listed above, the certification basis also includes 
all exemptions, if any; equivalent level of safety findings, if any; 
and special conditions not relevant to the special conditions adopted 
by this rulemaking action.
    If the Administrator determines that the applicable airworthiness 
regulations (i.e., part 23 as amended) do not contain adequate or 
appropriate safety standards for the AmSafe, Inc., inflatable restraint 
as installed on these Diamond Aircraft Industries, Inc., models because 
of a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    Special conditions, as appropriate, 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 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 that model under the 
provisions of Sec.  21.101.

Novel or Unusual Design Features

    The Diamond Aircraft Industries, Inc., models DA40 and DA42 will 
incorporate the following novel or unusual design feature:
    The AmSafe, Inc., Three-Point Safety Belt Restraint System 
incorporating an inflatable airbag for the pilot, co-pilot, and 
passenger seats. The purpose of the airbag is to reduce the potential 
for injury in the event of an accident. In a severe impact, an airbag 
will deploy from one shoulder harness, in a manner similar to an 
automotive airbag. The airbag will deploy between the head of the 
occupant and airplane interior structure, which will provide some 
protection to the head of the occupant. The restraint will rely on 
sensors to electronically activate the inflator for deployment.
    The Code of Federal Regulations state performance criteria for 
seats and restraints in an objective manner. However, none of these 
criteria are adequate to address the specific issues raised concerning 
inflatable restraints. Therefore, the FAA has determined that, in 
addition to the requirements of part 21 and part 23, special conditions 
are needed to address the installation of this inflatable restraint.
    Accordingly, these special conditions are adopted for the Diamond 
Aircraft Industries, Inc., models equipped with the AmSafe, Inc., 
three-point inflatable restraint. Other conditions may be developed, as 
needed, based on further FAA review and discussions with the 
manufacturer and civil aviation authorities.

Applicability

    As discussed above, these special conditions are applicable to the 
Diamond Aircraft Industries, Inc., models DA40 and DA42 equipped with 
the AmSafe, Inc., three-point inflatable restraint system.

Conclusion

    This action affects only certain novel or unusual design features 
on the previously identified Diamond models. 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.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register; however, 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, and because a delay would significantly affect the 
delivery of the airplane(s), 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 23

    Aircraft, Aviation safety, Signs and symbols.

[[Page 52410]]

Citation

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

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

0
The FAA has determined that this project will be accomplished on the 
basis of not lowering the current level of safety of the Diamond 
Aircraft Industries, Inc., models DA40 and DA42 occupant restraint 
system. Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for these models, as modified by AmSafe, 
Incorporated.
    Inflatable Three-Point Restraint Safety Belt with an Integrated 
Airbag Device on the Pilot, Co-pilot, and Passenger Seats of the 
Diamond Aircraft Industries, Inc., Models DA40 and DA42.
    1. It must be shown that the inflatable restraint will deploy and 
provide protection under emergency landing conditions. Compliance will 
be demonstrated using the dynamic test condition specified in 14 CFR, 
part 23, Sec.  23.562(b)(2). It is not necessary to account for floor 
warpage, as required by Sec.  23.562(b)(3), or vertical dynamic loads, 
as required by Sec.  23.562(b)(1). The means of protection must take 
into consideration a range of stature from a 5th percentile female to a 
95th percentile male. The inflatable restraint must provide a 
consistent approach to energy absorption throughout that range.
    2. The inflatable restraint must provide adequate protection for 
each occupant. In addition, unoccupied seats that have an active 
restraint must not constitute a hazard to any occupant.
    3. The design must prevent the inflatable restraint from being 
incorrectly buckled and/or incorrectly installed such that the airbag 
would not properly deploy. Alternatively, it must be shown that such 
deployment is not hazardous to the occupant and will provide the 
required protection.
    4. It must be shown that the inflatable restraint system is not 
susceptible to inadvertent deployment as a result of wear and tear or 
the inertial loads resulting from in-flight or ground maneuvers 
(including gusts and hard landings) that are likely to be experienced 
in service.
    5. It must be extremely improbable for an inadvertent deployment of 
the restraint system to occur, or an inadvertent deployment must not 
impede the pilot's ability to maintain control of the airplane or cause 
an unsafe condition (or hazard to the airplane). In addition, a 
deployed inflatable restraint must be at least as strong as a Technical 
Standard Order (C114) certificated belt and shoulder harness.
    6. It must be shown that deployment of the inflatable restraint 
system is not hazardous to the occupant or will not result in injuries 
that could impede rapid egress. This assessment should include 
occupants whose restraint is loosely fastened.
    7. It must be shown that an inadvertent deployment that could cause 
injury to a standing or sitting person is improbable. In addition, the 
restraint must also provide suitable visual warnings that would alert 
rescue personnel to the presence of an inflatable restraint system.
    8. It must be shown that the inflatable restraint will not impede 
rapid egress of the occupants 10 seconds after its deployment.
    9. To comply with HIRF and lightning requirements, the inflatable 
restraint system is considered a critical system since its deployment 
could have a hazardous effect on the airplane.
    10. It must be shown that the inflatable restraints will not 
release hazardous quantities of gas or particulate matter into the 
cabin.
    11. The inflatable restraint system installation must be protected 
from the effects of fire such that no hazard to occupants will result.
    12. There must be a means to verify the integrity of the inflatable 
restraint activation system before each flight or it must be 
demonstrated to reliably operate between inspection intervals.
    13. A life limit must be established for appropriate system 
components.
    14. Qualification testing of the internal firing mechanism must be 
performed at vibration levels appropriate for a general aviation 
airplane.

    Issued in Kansas City, Missouri on August 29, 2006.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-14750 Filed 9-5-06; 8:45 am]
BILLING CODE 4910-13-P