[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Rules and Regulations]
[Pages 63676-63678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18281]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM356; Special Conditions No. 25-334-SC]


Special Conditions: Boeing Model 737-700 IGW Airplane (BBJ, S/N 
34683); Certification of Cooktops

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: The FAA issues these special conditions for the Boeing Model 
737-

[[Page 63677]]

700 IGW airplane (BBJ serial number 34683). This airplane, as modified 
by PATS Aircraft LLC, 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 consists 
of installing an electrically heated surface, called a cooktop. 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 October 13, 
2006. We must receive your comments by December 15, 2006.

ADDRESSES: You may mail or deliver comments on these special conditions 
in duplicate to: Federal Aviation Administration, Transport Airplane 
Directorate, Attn: Rules Docket (ANM-113), Docket No. NM356, 1601 Lind 
Avenue SW., Renton, Washington, 98057-3356. You must mark your 
comments: Docket No. NM356.

FOR FURTHER INFORMATION CONTACT: John Shelden, FAA, Airframe and Cabin 
Safety Branch, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 
telephone (425) 227-2785; facsimile (425) 227-1100; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment for these special conditions is 
impracticable because this procedure would significantly delay 
certification and 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. We therefore find that good cause exists for making these 
special conditions effective upon issuance. However, we invite 
interested persons to take part in this rulemaking by sending written 
comments. 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 
about these special conditions. You may inspect the docket 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 by 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 based on the comments we receive.
    If you want us to let you know we received 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

    On August 31, 2005, PATS Aircraft LLC applied for a supplemental 
type certificate for the Boeing Model 737-700 IGW airplane (BBJ serial 
number 34683). The Boeing Model 737-700 IGW airplane 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 Boeing Model 
737-700 IGW airplane, BBJ serial number 34683, operates with a 2-pilot 
crew, up to 4 flight attendants, and can hold up to 18 passengers.
    The modification consists of installing 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, we issue these 
special conditions.

Type Certification Basis

    Under the provisions of Sec.  21.101, PATS Aircraft LLC must show 
that the 737-700 IGW, as changed, continues to meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate 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 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 (14 Code of Federal Regulations (CFR) part 25, as amended) 
do not contain adequate or appropriate safety standards for the 737-700 
IGW 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, the 737-700 IGW 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.
    The FAA issues special conditions, as defined in Sec.  11.19, under 
Sec.  11.38, and they become part of the type certification basis under 
Sec.  21.101.

Novel or Unusual Design Features

    As noted earlier, the modification of the Boeing Model 737-700 IGW 
airplane, BBJ serial number 34683, will incorporate 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. So 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 presented 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. These may represent 
unprecedented hazards to both occupants and the airplane.
    Cooktops could have serious implications for passenger and airplane 
safety if appropriate requirements are not established for their 
installation and use. These special conditions apply to cooktops with 
electrically powered burners. Use of an open flame cooktop (employing 
natural gas, for example) 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

[[Page 63678]]

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 
consistent with that on similar airplanes without cooktops.

Applicability

    As discussed above, these special conditions are applicable to the 
737-700 IGW airplane, BBJ serial number 34683, modified by PATS 
Aircraft LLC. Should PATS Aircraft LLC apply at a later date for a 
supplemental type certificate to modify any other model included on 
Type Certificate No. A16WE to incorporate the same novel or unusual 
design feature, these special conditions would apply to that model as 
well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. 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.
    Under standard practice, the effective date of final special 
conditions would be 30 days after the date of publication in the 
Federal Register. However, because the certification date for the 
subject modification to the Boeing Model 737-700 IGW is imminent, the 
FAA finds that good cause exists to make these special conditions 
effective upon issuance.

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 type certification basis for the Boeing Model 737-700 IGW BBJ 
airplane, BBJ serial number 34683, modified by PATS Aircraft LLC:

Cooktop Installations With Electrically-Powered Burners

    1. A design feature must be installed to minimize potential for 
inadvertent personnel contact with hot surfaces of both the cooktop and 
cookware. Examples of such safety features are conspicuous burner-on 
indicators, physical barriers, or handholds. Conditions of turbulence 
must be considered.
    2. The design must include sufficient means to restrain cookware 
and representative contents, such as soups or sauces, while in place on 
the cooktop, from 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 
identified for use with the cooktop.
    (b) Restraints must be designed to be easily used and effective in 
service. The cookware restraint system should also be designed so it 
cannot be easily disabled, thus rendering it unusable.
    (c) Placarding must be installed that prohibits use of cookware 
that cannot be accommodated by the restraint system.
    3. Placarding must be installed that prohibits use of cooktops 
(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 power on any 
burner 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. A fire detector which provides 
an audible warning in the passenger cabin must be installed in the 
vicinity of the cooktop. In addition, 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 on the cooktop and immediately 
adjacent surfaces. The agent used in the system must be an approved 
total flooding agent suitable for use in occupied areas. The fire 
suppression system must have a manual override. Automatic activation of 
the fire suppression system must also automatically shut off power to 
the cooktop.
    5. Galley surfaces 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 complying with flammability requirements of 14 
CFR part 25, Appendix F part III. This requirement is in addition to 
the flammability standards typically required of these galley surface 
materials. During selection of these materials, consideration must also 
be given to ensuring that the flammability characteristics of the 
materials will not be adversely affected by 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 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 creation of a slipping hazard to occupants and 
will not lead to 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 both 
in 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. Deployment 
of the cover must automatically shut off power to the cooktop.

    Issued in Renton, Washington, on October 13, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-18281 Filed 10-30-06; 8:45 am]
BILLING CODE 4910-13-P