[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8788-8791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2864]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM382; Notice No. 25-369-SC]


Special Conditions: Boeing Model 767 Series Airplanes; Seats with 
Non-Traditional, Large, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are for Boeing Model 767 series 
airplanes. These airplanes will have a novel or unusual design 
feature(s) associated with seats that include non-traditional, large, 
non-metallic panels that would affect survivability during a post-crash 
fire event. 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 March 17, 
2008.

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 98057-
3356; telephone (425) 227-2195; facsimile (425) 227-1232; electronic 
mail [email protected].

SUPPLEMENTARY INFORMATION:

Change to Special Condition Number 4

    The FAA previously notified the public of our intent to issue 
special conditions for seats with non-traditional, large, non-metallic 
panels on various airplane makes and models. Notice of Proposed Special 
Conditions No. 25-06-13-SC, applicable to Boeing Model 737 series 
airplanes, was published in the Federal Register on November 9, 2006 
(71 FR 65761). The special conditions were issued on June 29, 2007 
(Docket No. NM 359, Special Conditions No. 25-358-SC), published in the 
Federal Register on July 10, 2007 (72 FR 37425), and became effective 
on August 9, 2007. Both the Notice and the Final Special Conditions 
contained these words:

    We anticipate that seats with non-traditional, large, non-
metallic panels will be installed in other makes and models of 
airplanes. We have made the determination to require special 
conditions for all applications requesting the installation of seats 
with non-traditional, large, non-metallic panels until the 
airworthiness requirements can be revised to address this issue. 
Having the same standards across the range of airplane makes and 
models will ensure a level playing field for the aviation industry.

    Special condition number 4 in the 737 special conditions limits the 
applicability of the special conditions to new seat certification 
programs applied for after the effective date of the special 
conditions. In these special conditions the FAA changed the 
applicability to make the special conditions applicable to new seat 
certification programs that are approved after the effective date of 
the special conditions. This change could affect pending as well as 
future project applications. The rationale behind this change is that 
these seat installations affect survivability during a post-crash fire 
event and should be implemented as soon as possible. Additionally, the 
public has been previously notified of the FAA's intent to issue 
similar special conditions on other airplane makes and models.

Background

    On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707, 
Seattle, Washington 98124, applied for a design change to Type 
Certificate No. A1NM for installation of seats that include non-
traditional, large, non-metallic panels in Boeing Model 767 series 
airplanes. The Boeing Model 767 series airplanes, currently approved 
under Type Certificate No. A1NM, are swept-wing, conventional tail, 
twin-engine, turbofan-powered, dual aisle, medium-sized transport 
category airplanes.
    The applicable regulations to airplanes currently approved under 
Type Certificate No. A1NM do not require seats to meet the more 
stringent

[[Page 8789]]

flammability standards required of large, non-metallic panels in the 
cabin interior. At the time the applicable rules were written, seats 
were designed with a metal frame covered by fabric, not with large, 
non-metallic panels. Seats also met the then recently adopted standards 
for flammability of seat cushions. With the seat design being mostly 
fabric and metal, the contribution to a fire in the cabin had been 
minimized and was not considered a threat. For these reasons, seats did 
not need to be tested to heat release and smoke emission requirements.
    Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface 
area of these panels is on the same order as the sidewall and overhead 
stowage bin interior panels. To provide the level of passenger 
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the 
standards of Title 14 Code of Federal Regulations (CFR), part 25, 
Appendix F, parts IV and V, heat release and smoke emission 
requirements.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Boeing must show that the 
Model 767 series airplanes, as changed, continue to meet the applicable 
provisions of the regulations incorporated by reference in Type 
Certificate 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 No. A1NM are as follows:
     For Model 767-200 and -300 airplanes--Title 14 CFR part 
25, as amended by Amendment 25-1 through Amendment 25-37.
     For Model 767-400ER airplanes--Title 14 CFR part 25, as 
amended by Amendment 25-1 through Amendment 25-37 with the exception 
listed: Section 25.853(d)(3), Compartment interiors, at Amendment 25-
72.
    In addition, the certification basis includes certain special 
conditions, exemptions, or later amended sections of the applicable 
part that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Boeing Model 767 series airplanes 
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 Boeing Model 767 series airplanes 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 the type certificate for that model be amended 
later to include any other model that incorporates the same or similar 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified to incorporate the 
same or similar novel or unusual design feature, the special conditions 
would also apply to the other model under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 767 series airplanes will incorporate the 
following novel or unusual design features: These models offer interior 
arrangements that include passenger seats that incorporate non-
traditional, large, non-metallic panels in lieu of the traditional 
metal frame covered by fabric. The flammability properties of these 
panels have been shown to significantly affect the survivability of the 
cabin in the case of fire. These seats are considered a novel design 
for transport category airplanes that include Amendment 25-61 and 
Amendment 25-66 in the certification basis, and were not considered 
when those airworthiness standards were established.
    The existing regulations do not provide adequate or appropriate 
safety standards for seat designs that incorporate non-traditional, 
large, non-metallic panels in their designs. In order to provide a 
level of safety that is equivalent to that afforded to the balance of 
the cabin, additional airworthiness standards, in the form of special 
conditions, are necessary. These special conditions supplement Sec.  
25.853. The requirements contained in these special conditions consist 
of applying the identical test conditions required of all other large 
panels in the cabin, to seats with non-traditional, large, non-metallic 
panels.

Definition of ``Non-Traditional, Large, Non-Metallic Panel''

    A non-traditional, large, non-metallic panel, in this case, is 
defined as a panel with exposed-surface areas greater than 1.5 square 
feet installed per seat place. The panel may consist of either a single 
component or multiple components in a concentrated area. Examples of 
parts of the seat where these non-traditional panels are installed 
include, but are not limited to: Seat backs, bottoms and leg/foot 
rests, kick panels, back shells, credenzas and associated furniture. 
Examples of traditional exempted parts of the seat include: Arm caps, 
armrest close-outs such as end bays and armrest-styled center consoles, 
food trays, video monitors, and shrouds.

Clarification of ``Exposed''

    ``Exposed'' is considered to include panels that are directly 
exposed to the passenger cabin in the traditional sense, and panels 
that are enveloped, such as by a dress cover. Traditional fabrics or 
leathers currently used on seats are excluded from these special 
conditions. These materials must still comply with Sec.  25.853(a) and 
Sec.  25.853(c) if used as a covering for a seat cushion, or Sec.  
25.853(a) if installed elsewhere on the seat. Non-traditional, large, 
non-metallic panels covered with traditional fabrics or leathers will 
be tested without their coverings or covering attachments.

Discussion

    In the early 1980s the FAA conducted extensive research on the 
effects of post-crash flammability in the passenger cabin. As a result 
of this research and service experience, we adopted new standards for 
interior surfaces associated with large surface area parts. 
Specifically, the rules require measurement of heat release and smoke 
emission (part 25, Appendix F, parts IV and V) for the affected parts. 
Heat release has been shown to have a direct correlation with post-
crash fire survival time. Materials that comply with the standards 
(i.e., Sec.  25.853 entitled ``Compartment interiors'' as amended by 
Amendment 25-61 and Amendment 25-66) extend survival time by 
approximately 2 minutes over materials that do not comply.
    At the time these standards were written the potential application 
of the requirements of heat release and smoke emission to seats was 
explored. The seat frame itself was not a concern because it was 
primarily made of aluminum and there were only small amounts of non-
metallic materials. It was determined that the overall effect on 
survivability was negligible, whether or not the food

[[Page 8790]]

trays met the heat release and smoke requirements. The requirements 
therefore did not address seats. The preambles to both the Notice of 
Proposed Rule Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 
1985) and the Final Rule at Amendment 25-61 (51 FR 26206, July 21, 
1986), specifically note that seats were excluded ``because the 
recently-adopted standards for flammability of seat cushions will 
greatly inhibit involvement of the seats.''
    Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 
6, 1995) clarified the definition of minimum panel size: ``It is not 
possible to cite a specific size that will apply in all installations; 
however, as a general rule, components with exposed-surface areas of 
one square foot or less may be considered small enough that they do not 
have to meet the new standards. Components with exposed-surface areas 
greater than two square feet may be considered large enough that they 
do have to meet the new standards. Those with exposed-surface areas 
greater than one square foot, but less than two square feet, must be 
considered in conjunction with the areas of the cabin in which they are 
installed before a determination could be made.''
    In the late 1990s, the FAA issued Policy Memorandum 97-112-39, 
Guidance for Flammability Testing of Seat/Console Installations, 
October 17, 1997 (http://rgl.faa.gov). That memo was issued when it 
became clear that seat designs were evolving to include large, non-
metallic panels with surface areas that would impact survivability 
during a cabin fire event, comparable to partitions or galleys. The 
memo noted that large surface area panels must comply with heat release 
and smoke emission requirements, even if they were attached to a seat. 
If the FAA had not issued such policy, seat designs could have been 
viewed as a loophole to the airworthiness standards that would result 
in an unacceptable decrease in survivability during a cabin fire event.
    In October of 2004, an issue was raised regarding the appropriate 
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional 
metal covered by fabric. The Seattle Aircraft Certification Office and 
Transport Standards Staff reviewed this design and determined that it 
represented the kind and quantity of material that should be required 
to pass the heat release and smoke emissions requirements. We have 
determined that special conditions would be promulgated to apply the 
standards defined in 14 CFR 25.853(d) to seats with large, non-metallic 
panels in their design.

Discussion of Comments

    Notice of proposed special conditions No. 25-07-14-SC, pertaining 
to Boeing Model 767 series airplanes, was published in the Federal 
Register on October 29, 2007 (72 FR 61079). We only received comments 
from Boeing.

Change ``Approved'' to ``Applied for'' in Special Condition Number 4

    Boeing requested that the word ``approved'' in the following 
sentence be changed to ``applied for.''

    Only airplanes associated with new seat certification programs 
approved after the effective date of these special conditions will 
be affected by the requirements in these special conditions.

Boeing also requested clarification regarding what is meant by 
``approved.''
    FAA Response: Special condition number 4 was revised from what was 
issued for the final special conditions applicable to Model 737 
airplanes. The Model 737 final special conditions contained the phrase 
``applied for.'' That phrase was changed to ``approved'' in these final 
special conditions to ensure that these special conditions are 
applicable to as many Model 767 certification projects as possible. The 
737 special conditions, in effect, notified Boeing that the 
flammability issue regarding seats with non-traditional, large, non-
metallic panels must be addressed. The FAA discussed this issue with 
Boeing and stated that all subsequent special conditions related to 
this matter would be based on the project approval date.
    To clarify what we mean by the approval date, the approval date is 
the date of approval of the affected amended type certificate or 
supplemental type certificate.

These Special Conditions Are Not Being Applied to Other Airplane 
Manufacturers

    Boeing did not request a specific change in this comment, but did 
draw attention to the fact that the standards promulgated by these 
special conditions have not yet achieved a ``level playing field for 
the aviation industry.'' Boeing stated that it agreed with the FAA's 
goals to ensure that all parties in the industry are treated fairly, 
and the new standards are applied uniformly. However, Boeing noted that 
it is not apparent that those goals have yet been met.
    FAA Response: As projects are identified that include seats with 
large, non-metallic panels, the FAA will issue special conditions for 
the affected airplane makes and models. We are currently working on 
several other special condition packages for airplanes produced by 
other manufacturers. In addition, we are considering rulemaking to 
revise Sec.  25.853 to address this issue.
    These special conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to 
Boeing Model 767 series airplanes. It is not our intent, however, to 
require seats with large, non-metallic panels to meet Sec.  25.853, 
Appendix F, parts IV and V, if they are installed in cabins of 
airplanes that otherwise are not required to meet these standards. 
Because the heat release and smoke testing requirements of Sec.  25.853 
per Appendix F, parts IV and V, are not part of the type certification 
basis of the Model 767, these special conditions are only applicable if 
the Model 767 series airplanes are in 14 CFR part 121 operations. 
Section 121.312 requires compliance with the heat release and smoke 
testing requirements of Sec.  25.853, for certain airplanes, 
irrespective of the type certification bases of those airplanes. For 
Model 767 series airplanes, these are the airplanes that would be 
affected by these special conditions. Should Boeing apply at a later 
date for a change to the type certificate to include another model 
incorporating the same novel or unusual design feature, the special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of airplanes. It is not a rule of general 
applicability.

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 Boeing Model 767 series airplanes.
    1. Except as provided in paragraph 3 of these special conditions, 
compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat 
release and smoke emission, is required for seats that

[[Page 8791]]

incorporate non-traditional, large, non-metallic panels that may either 
be a single component or multiple components in a concentrated area in 
their design.
    2. The applicant may designate up to and including 1.5 square feet 
of non-traditional, non-metallic panel material per seat place that 
does not have to comply with special condition Number 1, above. A 
triple seat assembly may have a total of 4.5 square feet excluded on 
any portion of the assembly (e.g., outboard seat place 1 square foot, 
middle 1 square foot, and inboard 2.5 square feet).
    3. Seats do not have to meet the test requirements of Title 14 CFR 
part 25, Appendix F, parts IV and V, when installed in compartments 
that are not otherwise required to meet these requirements. Examples 
include:
    a. Airplanes with passenger capacities of 19 or less,
    b. Airplanes that do not have Sec.  25.853, Amendment 25-61 or 
later, in their certification basis and do not need to comply with the 
requirements of 14 CFR 121.312, and
    c. Airplanes exempted from Sec.  25.853, Amendment 25-61 or later.
    4. Only airplanes associated with new seat certification programs 
approved after the effective date of these special conditions will be 
affected by the requirements in these special conditions. Previously 
certificated interiors on the existing airplane fleet and follow-on 
deliveries of airplanes with previously certificated interiors are not 
affected.

    Issued in Renton, Washington, on February 7, 2008.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-2864 Filed 2-14-08; 8:45 am]
BILLING CODE 4910-13-P