[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Proposed Rules]
[Pages 81-89]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31116]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM411 Special Conditions No. 25-09-07-SC]


Special Conditions: Boeing Model 787-8 Airplane; Overhead 
Flightcrew Rest Compartment Occupiable During Taxi, Take-Off, and 
Landing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Boeing Model 
787-8 airplane. This airplane will have novel or unusual design 
features associated with an overhead flightcrew rest (OFCR) 
compartment, which is proposed to be occupiable during taxi, take-off, 
and landing (TT&L). The applicable airworthiness regulations do not 
contain adequate or appropriate safety standards for this design 
feature. These proposed 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. Additional special conditions will be 
issued for other novel or unusual design features of the Boeing Model 
787-8 airplanes.

DATES: We must receive your comments by February 18, 2010.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM411, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356. You may deliver two copies to the Transport 
Airplane Directorate at the above address. You must mark your comments: 
Docket No. NM411. You can inspect comments in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Jeff Gardlin, FAA, Airframe/Cabin 
Safety Branch, ANM-115, Transport Standards Staff, Transport Airplane 
Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056; telephone (425) 227-2136; facsimile 
(425) 227-1320.

[[Page 82]]


SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending 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. You can 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 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 based on the comments we receive.
    If you want us to acknowledge receipt of your comments on this 
proposal, include with your comments a self-addressed, stamped postcard 
on which you have written the docket number. We will stamp the date on 
the postcard and mail it back to you.

Background

    On March 28, 2003, The Boeing Commercial Airplane Group (hereafter 
referred to as ``Boeing'') applied for an FAA type certificate for its 
new Boeing Model 787-8 passenger airplane. The company applied for an 
extension of time for the type certificate on March 9, 2009, and was 
granted that extension on March 13, 2009. The Boeing Model 787-8 
airplane will be an all-new, two-engine jet transport airplane with a 
two-aisle cabin. The maximum takeoff weight will be 476,000 pounds, 
with a maximum passenger count of 381 passengers.

Type Certification Basis

    Under provisions of Title 14 Code of Federal Regulations (14 CFR) 
21.17, Boeing must show that the Boeing Model 787-8 airplane (hereafter 
referred to as ``the 787'') meets the applicable provisions of 14 CFR 
part 25, as amended by Amendments 25-1 through 25-117, 25-120, 25-124, 
25-125 and 25-128, except that Sec.  25.1309 remains at Amendment 25-
117 for cargo fire protection systems. 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 787 because of 
a novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to complying with the applicable airworthiness 
regulations and special conditions, the 787 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 must also issue a 
finding of regulatory adequacy pursuant to section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.17(a)(2).
    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 novel or 
unusual design features, the special conditions would also apply to the 
other model under provisions of Sec.  21.101.

Novel or Unusual Design Features

    Crew rest compartments have been installed and certificated on 
several Boeing airplane models in locations as varied as the main 
passenger seating area, the overhead space above the main passenger 
cabin seating area, and below the passenger cabin seating area within 
the cargo compartment. In each case, the Administrator has determined 
that the applicable regulations (i.e., 14 CFR part 25) did not provide 
all of the necessary requirements because each installation had unique 
features by virtue of its design, location, and use on the airplane. 
When the Administrator finds that the applicable airworthiness 
regulations do not contain adequate or appropriate safety standards 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16. The proposed special 
conditions contain safety standards that the Administrator considers 
necessary to establish a level of safety equivalent to that established 
by the existing airworthiness standards.
    Most recently, for the Boeing Model 777 series airplanes, the FAA 
has issued Special Conditions No. 25-230-SC, dated April 9, 2003, for 
overhead crew rest compartments allowed to be occupied during flight, 
and Special Conditions No. 25-260-SC, dated April 14, 2004, for 
overhead flightcrew rest (OFCR) compartments allowed to be occupied 
during TT&L, as well as during flight.
    For the 787, an OFCR compartment is located in the overhead space 
above the main passenger cabin seating area immediately aft of the 
first pair of main deck emergency exits (Door 1). This compartment 
includes two private berths and up to two seats. Occupancy of the 
compartment will be limited to a maximum of four trained crewmembers 
during flight and two trained flight crewmembers, one in each seat, 
during TT&L. The compartment will be accessed from the main deck by 
stairs through a vestibule. In addition, a secondary evacuation route, 
which opens directly into the main passenger seating area, will be 
available as an alternate for evacuating occupants of the compartment. 
A smoke detection system and an oxygen system will be provided in the 
compartment. Other optional features, such as a sink with cold drink 
stowage or a lavatory, may be provided as well.
    This OFCR compartment is unique to part 25 because of its design, 
location, and use on the airplane. It is also unique because it is in 
the overhead area of the passenger compartment and is proposed to be 
occupied by trained flightcrew during TT&L.
    Because of the novel or unusual features associated with 
installation of this OFCR compartment, special conditions are 
considered necessary to provide a level of safety equal to that 
established by the airworthiness regulations. These proposed special 
conditions do not negate the need to address other applicable part 25 
regulations.

Consideration of a Requirement for an External Exit

    For Boeing Model 777 Special Conditions No. 25-260-SC, the FAA 
considered whether or not a special condition should require that the 
OFCR compartment have an external exit leading directly outside the 
airplane. The Air Line Pilots Association, International (ALPA), and 
International Federation of Air Line Pilots (IFALPA) reviewed the 
design of the 777 OFCR compartment and informed the FAA that in their 
opinion an external exit was not needed because two independent, 
internal evacuation routes were provided. That input, and the fact that 
flight crewmembers would be the only occupants of the compartment 
during TT&L, supported the FAA in determining that a special condition 
requiring an external exit was not required. The FAA considers that the 
following, in addition to Special Conditions No. 25-260-SC, provide a

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level of safety equivalent to that established by part 25 for main deck 
occupants:
    1. The distances along the evacuation routes from the seats in the 
OFCR compartment to the Door 1 exits on the main deck are significantly 
shorter than the maximum distance a seated passenger on the main deck 
would need to travel to reach an exit.
    2. Occupancy during TT&L will be limited to two flight crewmembers 
trained in the evacuation, fire fighting, and depressurization 
procedures of the OFCR compartment. An airplane flight manual 
limitation must be established to restrict occupancy to only persons 
the pilot in command has determined are able to use both evacuation 
routes rapidly. The ability of such persons to fit through the escape 
hatch must be considered in this determination.
    For the reasons noted above, the FAA does not believe that this 
proposed special condition should require that the 787 OFCR compartment 
have an external exit.

Operational Evaluations and Approval

    These proposed special conditions outline requirements for OFCR 
compartment design approvals administered by the FAA's Aircraft 
Certification Service. Prior to operational use of an OFCR compartment, 
the FAA's Flight Standards Service must evaluate and approve the 
``basic suitability'' of the compartment for crew occupation. 
Additionally, if an operator wishes to use an OFCR compartment as 
``sleeping quarters,'' the compartment must undergo an additional 
evaluation and approval (reference 14 CFR 121.485(a), 121.523(b), and 
135.269(b)(5)). Compliance with these proposed special conditions does 
not ensure that the applicant has demonstrated compliance with the 
requirements of parts 121 or 135.
    To obtain an operational evaluation, the type certificate holder 
must contact the appropriate aircraft evaluation group (AEG) in the 
Flight Standards Service and request a ``basic suitability'' evaluation 
or a ``sleeping quarters'' evaluation of its OFCR compartment. The 
results of these evaluations should be documented in a 787 flight 
standardization board (FSB) report appendix. Individual operators may 
reference these standardized evaluations in discussions with their FAA 
principal operating inspector (POI) as the basis for an operational 
approval, in lieu of an on-site operational evaluation.
    Any changes to the approved OFCR compartment configuration that 
affect crewmember emergency egress or any other procedures affecting 
safety of the occupying crewmembers or related emergency training will 
require re-evaluation and approval. The applicant for an OFCR 
compartment design change that affects egress, safety procedures, or 
training is responsible for notifying the FAA's AEG that a new 
compartment evaluation is required. The results of a re-evaluation 
should also be documented in a 787 FSB report appendix.
    Procedures must be developed to ensure that a crewmember entering 
the OFCR compartment through the vestibule to fight a fire will examine 
the vestibule and the adjacent galley or lavatory areas (if installed) 
for the source of the fire before entering the remaining areas of the 
compartment. This is intended to ensure that the source of the fire is 
not between the crewmember and the entrance to the OFCR compartment. If 
a fire source is not immediately evident to the firefighter, the 
firefighter should check for potential fire sources at areas closest to 
the OFCR compartment entrance first, then proceed to check areas in 
such a manner that the fire source, when found, will not be between the 
firefighter and his or her way to get out of the compartment. 
Procedures describing methods for searching the OFCR compartment for 
fire source(s) must be transmitted to operators for incorporation into 
their training programs and appropriate operational manuals.

Discussion of Rescue Crew Training Materials

    Installation of an overhead crew rest compartment that can be 
occupied during TT&L by flight crew is unusual. Appropriate information 
must be provided to airport fire rescue personnel so that they 
understand that this remote compartment may be occupied during an 
emergency landing. The applicant must provide rescue crew training 
materials to the FAA Airports Division, Safety and Standards Branch 
(ANM-620) to address this issue. The FAA Airports Division, Safety and 
Standards Branch, will ensure that these materials are distributed to 
appropriate airports, domestic and foreign. A special condition is not 
considered appropriate to address this issue.

Discussion of Proposed Special Conditions

    These proposed special conditions would apply to OFCR compartments 
that are occupiable during TT&L and are installed immediately aft of 
the Door 1 exits on the 787. These proposed special conditions would 
supplement 14 CFR part 25. Except as noted below, these proposed 
special conditions for the 787 will be identical to Boeing Model 777 
Special Conditions No. 25-260-SC.
    Proposed Special Conditions No. 6 and 16 contain requirements for 
the exit signs that must be provided in the OFCR compartment. As stated 
in the proposed special conditions, symbol signs in OFCR compartments 
that satisfy the equivalent level of safety finding established for the 
787 may be used in lieu of the text signs required by Sec.  
25.812(b)(1)(i).
    Proposed Special Condition No. 15 contains requirements for 
supplemental oxygen systems. Special Conditions No. 25-260-SC required 
that each berth be provided with two oxygen masks. This was intended to 
address the case where a person not in a berth was moving around within 
the crew rest compartment and needed quick access to the oxygen. For 
the designs used in the model 777, this requirement was sufficient. 
However, for the 787, the requirement to have two masks per berth may 
not always meet the objective of having masks available to persons who 
are in transition within the compartment. Therefore, the wording of 
this proposed special condition has been modified to better state the 
objective rather than specify that two masks be provided per berth. In 
addition, the requirement to have adequate illumination to retrieve the 
mask, while implied previously, is made explicit in this proposal.
    Proposed Special Condition No. 18 contains the requirements for 
materials used in the construction of the OFCR compartment. Special 
Conditions No. 25-260-SC stated that Sec.  25.853 as amended by 
Amendment 25-83 is the appropriate regulation. Section 25.853 has since 
been further amended, and these proposed special conditions reference 
the latest amendment level for Sec.  25.853 (Amendment 25-116).
    Compliance with these proposed special conditions does not relieve 
the applicant from the existing airplane certification basis 
requirements. One particular area of concern is that installation of 
OFCR compartments leaves a smaller compartment volume within the 
overhead area of the airplane. The applicant must comply with the 
pressurized compartment loads requirements of Sec.  25.365(e), (f), and 
(g) for the OFCR compartment, as well as for any other airplane 
compartments whose decompression characteristics are affected by the 
installation of an OFCR compartment. Compliance with Sec.  25.813 
emergency exit access requirements must be demonstrated for

[[Page 84]]

all phases of flight during which occupants will be present.
    The proposed configuration includes a seat installed adjacent to 
the OFCR compartment exit which will be occupiable during TT&L. It 
should be noted that the emergency landing conditions requirements of 
Sec. Sec.  25.561(d) and 25.562(c)(8) are applicable to this 
configuration. Hence, deformations resulting from required static and 
dynamic structural tests must not impede rapid evacuation of the OFCR 
compartment occupants. Seat deformations must not prevent opening of 
the secondary escape hatch or rapid evacuation through the secondary 
escape route.
    Section 25.785(h)(2) mandates that the flight attendant seats 
required by the operating rules be located in a position that provides 
a direct view of the cabin area for which the flight attendant is 
responsible. Since the OFCR compartment will be occupied only by 
trained crewmembers, the FAA does not consider this requirement 
applicable to the seating area in the compartment.
    Section 25.787(a) requires each stowage compartment in the 
passenger cabin, except for underseat and overhead compartments for 
passenger convenience, to be completely enclosed. This requirement does 
not apply to the flight deck, because flight crewmembers must be able 
to quickly access items to better perform their duties. Flight 
crewmembers occupying the OFCR compartment will not be performing 
flight deck duties however. Therefore, the FAA considers that stowage 
compartments in the OFCR compartment, except for underseat compartments 
for occupant convenience, should be completely enclosed. This will 
provide occupants of the OFCR compartment a similar level of safety to 
that provided to passengers on the main deck. Proposed Special 
Condition No. 20 contains this requirement.
    Section 25.811(c) requires that means be provided to assist 
occupants in locating the exits in conditions of dense smoke. Section 
25.812(e) requires floor proximity emergency escape path marking to 
provide guidance for passengers when all sources of illumination above 
4 feet from the cabin aisle floor are totally obscured. The FAA 
considers that the current OFCR compartment design is sufficient in 
regard to these regulations. The two OFCR compartment seats are only a 
couple of steps away from the stairway and once a trained flight 
crewmember is at the top of the stairway, the stairway itself will 
guide him/her to the main deck. Once the crewmember is on the main 
deck, floor proximity lighting and exit marker signs, which are less 
than 4 feet above the floor, are provided.
    Section 25.813(e) prohibits installation of interior doors between 
passenger compartments, but the FAA has historically found crew rest 
doors to be acceptable, because crew rests are not passenger 
compartments. Proposed Special Conditions No. 2 and 16 provide 
requirements for crew rest doors which are considered to provide an 
appropriate level of safety to OFCR compartment occupants.
    Sections 25.1443, 25.1445, and 25.1447 contain oxygen requirements 
for flight crew, passengers, and cabin attendants. Flight crewmembers 
occupying the OFCR compartment are not on duty, and therefore are 
considered passengers in determining compliance with these oxygen 
regulations.

Applicability

    As discussed above, these proposed special conditions are 
applicable to the 787. 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 features, these proposed special conditions 
would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
of the 787. It is not a rule of general applicability.

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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Boeing Model 787-8 airplanes with an overhead flightcrew rest 
(OFCR) compartment installed adjacent to or immediately aft of the 
first pair of exits (Door 1).
    1. During flight, occupancy of the OFCR compartment is limited to 
the total number of bunks and seats installed in the compartment that 
are approved to the maximum flight loading conditions. During taxi, 
takeoff, and landing (TT&L), occupancy of the OFCR compartment is 
limited to the total number of installed seats approved for the flight 
and ground load conditions and emergency landing conditions. The OFCR 
compartment is limited to a maximum of four crewmembers during flight 
and two flight crewmembers during TT&L.
    (a) There must be appropriate placards, inside and outside each 
entrance to the OFCR compartment, to indicate:
    (1) The maximum number of crewmembers allowed during flight and the 
maximum number of flight crewmembers allowed during TT&L.
    (2) That occupancy is restricted to crewmembers who the pilot in 
command has determined are trained in the emergency procedures for the 
OFCR compartment and able to rapidly use the evacuation routes.
    (3) That smoking is prohibited in the OFCR compartment.
    (4) That stowage in the OFCR compartment area is limited to crew 
personal luggage. The stowage of cargo or passenger baggage is not 
allowed.
    (b) There must be at least one ashtray on the inside and one 
ashtray on the outside of any entrance to the OFCR compartment.
    (c) A limitation in the airplane flight manual must be established 
to restrict occupancy to crewmembers who the pilot in command has 
determined are trained in the emergency procedures for the OFCR 
compartment and are able to rapidly use the evacuation routes of the 
OFCR compartment.
    2. The following requirements are applicable to OFCR compartment 
door(s):
    (a) There must be a means for any door installed between the OFCR 
compartment and the passenger cabin to be quickly opened from inside 
the OFCR compartment, even when crowding from an emergency evacuation 
occurs at each side of the door.
    (b) Doors installed across emergency egress routes must have a 
means to latch them in the open position. The latching means must be 
able to withstand the loads imposed upon it when the door is subjected 
to the ultimate inertia forces, relative to the surrounding structure, 
listed in Sec.  25.561(b).
    (c) A placard must be displayed in a conspicuous place on the 
outside of the entrance door of the OFCR compartment, and on any other 
door(s) installed across emergency egress routes of the OFCR 
compartment, requiring those doors to be latched open during TT&L when 
the OFCR compartment is occupied. This requirement does not apply to 
emergency escape hatches installed in the floor of the OFCR 
compartment. A placard must be displayed in a conspicuous place on the 
outside of the entrance door to the OFCR compartment that requires it 
to be closed and locked when it is not

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occupied. Procedures for meeting these requirements must be transmitted 
to the operator for incorporation into its training programs and 
appropriate operational manuals.
    (d) For all doors installed in the OFCR compartment, there must be 
a means to preclude anyone from being trapped inside the OFCR 
compartment. If a locking mechanism is installed, it must be capable of 
being unlocked from the outside without the aid of special tools. The 
lock must not prevent opening from the inside of the OFCR compartment 
at any time.
    3. In addition to the requirements of Sec.  25.562 for seats, which 
are occupiable during takeoff and landing, and restraint systems, the 
OFCR compartment structure must be compatible with the loads imposed by 
the seats as a result of the conditions specified in Sec.  25.562(b).
    4. There must be at least two emergency evacuation routes that 
could be used by each occupant of the OFCR compartment to rapidly 
evacuate to the main cabin. These evacuation routes must be able to be 
closed from the main passenger cabin after evacuation. In addition--
    (a) The routes must be located with sufficient separation within 
the OFCR compartment to minimize the possibility of an event either 
inside or outside of the OFCR compartment rendering both routes 
inoperative.
    Compliance with requirements of proposed Special Condition No. 4(a) 
may be shown by inspection or by analysis. Regardless of which method 
is used, the maximum acceptable distance between crew rest compartment 
outlets is 60 feet.

Compliance by Inspection

    Inspection may be used to show compliance with proposed Special 
Condition No. 4(a). An inspection finding that an OFCR compartment has 
evacuation routes located so that each occupant of the seats and berths 
has an unobstructed route to at least one of the OFCR compartment 
outlets, regardless of the location of a fire, would be reason for a 
finding of compliance. A fire within a berth that only blocks the 
occupant of that berth from exiting the berth need not be considered. 
Therefore, crew rest compartment outlets that are located at absolute 
opposite ends (i.e., adjacent to opposite end walls) of the OFCR 
compartment would require no further review or analysis with regard to 
their separation.

Compliance by Analysis

    Analysis must show that the OFCR compartment configuration and 
interior features allow all occupants of the OFCR compartment to escape 
the compartment in the event of a hazard inside or outside of the 
compartment. Elements to consider in this evaluation are as follows:
    (1) Fire inside or outside the OFCR compartment, considered 
separately, and the design elements used to reduce the available fuel 
for the fire.
    (2) Design elements used to reduce fire ignition sources in the 
OFCR compartment.
    (3) Distribution and quantity of emergency equipment within the 
OFCR compartment.
    (4) Structural failure or deformation of components that could 
block access to the available evacuation routes (for example seats, 
folding berths, contents of stowage compartments, etc.).
    (5) An incapacitated person blocking the evacuation routes.
    (6) Any other foreseeable hazard not identified above that could 
cause the evacuation routes to be compromised.
    Analysis must consider design features affecting access to the 
evacuation routes. Possibilities for design components affecting 
evacuation that should be considered include, but are not limited to, 
seat deformations (reference Sec. Sec.  25.561(d) and 25.562(c)(8)), 
seat back break-over, rigid structure that reduces access from one part 
of the compartment to another, and items known to be the cause of 
potential hazards. Factors that also should be considered are 
availability of emergency equipment to address fire hazards, 
availability of communications equipment, supplemental restraint 
devices to retain items of mass that, if broken loose, could hinder 
evacuation, and load path isolation between components containing 
evacuation routes.
    Analysis of fire threats should be used in determining placement of 
required fire extinguishers and protective breathing equipment (PBE). 
This analysis should consider the possibility of fire in any location 
in the OFCR compartment. The location and quantity of PBE equipment and 
fire extinguishers should allow occupants located in any approved seats 
or berths access to the equipment necessary to fight a fire in the OFCR 
compartment.
    The intent of this proposed special condition is to provide 
sufficient exit route separation. Therefore the separation analysis 
described above should not be used to approve OFCR compartment outlets 
that have less physical separation (measured between the centroid of 
each outlet opening) than the minimums prescribed below, unless 
compensating features are identified and submitted to the FAA for 
evaluation and approval.
    For an OFCR compartment with one outlet located near the forward or 
aft end of the compartment (as measured by having the centroid of the 
outlet opening within 20 percent of the total length of the compartment 
from the forward or aft end of the compartment) the outlet separation 
from one outlet to the other should not be less than 50 percent of the 
total OFCR compartment length.
    For OFCR compartments with neither required crew rest compartment 
outlet located near the forward or aft end of the compartment (as 
measured by not having the centroid of either outlet opening within 20 
percent of the forward or aft end of the total OFCR compartment 
length), the outlet separation from one outlet to the other should not 
be less than 30 percent of the total OFCR compartment length.
    (b) The routes must be designed to minimize the possibility of 
blockage, which might result from fire, mechanical or structural 
failure, or persons standing below or against the crew rest compartment 
outlets. One of the two OFCR compartment outlets should not be located 
where normal movement or evacuation by passengers occurs (main aisle, 
cross aisle, or galley complex, for example) that would impede egress 
from the OFCR compartment. If an evacuation route is in an area where 
normal movement or evacuation of passengers occurs, it must be 
demonstrated that passengers would not impede egress to the main deck. 
If there is low headroom at or near the evacuation route, provisions 
must be made to prevent or to protect occupants of the OFCR compartment 
from head injury. Use of evacuation routes must not be dependent on any 
powered device. If an OFCR compartment outlet is over an area where 
there are passenger seats, a maximum of five passengers may be 
displaced from their seats temporarily during the process of evacuating 
an incapacitated person(s). If such an evacuation procedure involves 
the evacuee stepping on seats, the seats must not be damaged to the 
extent that they would not be acceptable for occupancy during an 
emergency landing.
    (c) Emergency evacuation procedures, including procedures for 
emergency evacuation of an incapacitated occupant from the OFCR 
compartment, must be established. The applicant must transmit all of 
these procedures to the operator for incorporation into its training 
programs and appropriate operational manuals.

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    (d) There must be a limitation in the airplane flight manual or 
other suitable means to require that crewmembers be trained in the use 
of the OFCR compartment evacuation routes. This training must instruct 
them to ensure that the OFCR compartment (including seats, doors, etc.) 
is in its proper TT&L configuration during TT&L.
    (e) For times when there is no flight attendant present in the area 
around the door to the OFCR compartment, and also during an emergency, 
including an emergency evacuation, there must be a means to prevent 
passengers on the main deck from entering the OFCR compartment.
    (f) Doors or hatches separating the OFCR compartment from the main 
deck must not adversely affect evacuation of occupants on the main deck 
(slowing evacuation by encroaching into aisles, for example) or cause 
injury to those occupants during opening or while opened.
    (g) The means of opening doors and hatches to the OFCR compartment 
must be simple and obvious. In addition, the OFCR compartment doors and 
hatches must be able to be closed from the main passenger cabin.
    5. There must be a means of evacuating an incapacitated person 
(representative of a ninety-fifth percentile male) from the OFCR 
compartment to the passenger cabin floor.
    Such an evacuation must be demonstrated for all evacuation routes. 
A crewmember (a total of one assistant within the OFCR compartment) may 
provide assistance in the evacuation. Additional assistance may be 
provided by up to three persons in the main passenger compartment. 
These additional assistants must be standing on the floor while 
providing assistance. For evacuation routes with stairways, the 
additional assistants may ascend up to one half the elevation change 
from the main deck to the OFCR compartment, or to the first landing, 
whichever is lower.
    6. The following signs and placards must be provided in the OFCR 
compartment and they must meet the following criteria:
    (a) At least one exit sign, located near each OFCR compartment 
outlet, meeting the emergency lighting requirements of Sec.  
25.812(b)(1)(i). One allowable exception would be a sign with reduced 
background area of no less than 5.3 square inches (excluding the 
letters), provided that it is installed so that the material 
surrounding the exit sign is light in color (white, cream, light beige, 
for example). If the material surrounding the exit sign is not light in 
color, a sign with a minimum of a one-inch-wide background border 
around the letters would be acceptable. Another allowable exception is 
a sign with a symbol that the FAA has determined to be equivalent for 
use as an exit sign in an OFCR compartment.
    (b) An appropriate placard located conspicuously on or near each 
OFCR compartment door or hatch that defines the location and the 
operating instructions for access to and operation of the outlet door 
or hatch.
    (c) Placards must be readable from a distance of 30 inches under 
emergency lighting conditions.
    (d) The door or hatch handles and operating instruction placards 
required by Special Condition No. 6(b) of these special conditions must 
be illuminated to at least 160 microlamberts under emergency lighting 
conditions.
    7. There must be a means in the event of failure of the aircraft's 
main power system, or of the normal OFCR compartment lighting system, 
for emergency illumination to be automatically provided for the OFCR 
compartment.
    (a) This emergency illumination must be independent of the main 
lighting system.
    (b) The sources of general cabin illumination may be common to both 
the emergency and the main lighting systems if the power supply to the 
emergency lighting system is independent of the power supply to the 
main lighting system.
    (c) The illumination level must be sufficient to allow occupants of 
the OFCR compartment to locate and move to the main passenger cabin 
floor by means of each evacuation route.
    (d) The illumination level must be sufficient, with the privacy 
curtains in the closed position, for each occupant of the OFCR 
compartment to locate a deployed oxygen mask.
    8. There must be means for two-way voice communications between 
crewmembers on the flight deck and occupants of the OFCR compartment. 
There must also be two-way communications between occupants of the OFCR 
compartment and each flight attendant station in the passenger cabin 
that is required per Sec.  25.1423(g) to have a public address system 
microphone. In addition, the public address system must include 
provisions to provide only the relevant information to the crewmembers 
in the OFCR compartment (for example fire in flight, aircraft 
depressurization, preparation of the compartment for landing, etc.). 
That is, provisions must be made so that occupants of the OFCR 
compartment will not be disturbed with normal, non-emergency 
announcements made to the passenger cabin.
    9. There must be a means for manual activation of an aural 
emergency alarm system, audible during normal and emergency conditions, 
to enable crewmembers on the flight deck and at each pair of required 
floor level emergency exits to alert occupants of the OFCR compartment 
of an emergency situation. Use of a public address or crew interphone 
system will be acceptable, provided an adequate means of 
differentiating between normal and emergency communications is 
incorporated. The system must be powered in flight, after the shutdown 
or failure of all engines and auxiliary power units, for a period of at 
least ten minutes.
    10. There must be a means, readily detectable by seated or standing 
occupants of the OFCR compartment, to indicate when seat belts should 
be fastened. Seat belt type restraints must be provided for berths and 
must be compatible with the sleeping position during cruise conditions. 
There must be a placard on each berth requiring that these restraints 
be fastened when occupied. If compliance with any of the other 
requirements of these proposed special conditions is predicated on 
specific head location, there must be a placard identifying that head 
position.
    11. PBE devices must be provided in accordance with Sec.  25.1439, 
except that in lieu of a device for each crewmember, the following PBE 
devices, approved to Technical Standard Order (TSO)-C116 or equivalent, 
must be provided: Two PBE devices suitable for firefighting, or one PBE 
for each hand-held fire extinguisher, whichever is greater. The 
following equipment must also be provided in the OFCR compartment:
    (a) At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur.
    (b) One flashlight.

    Note:  Additional PBE devices and fire extinguishers in specific 
locations, beyond the minimum numbers prescribed in proposed Special 
Condition No. 11, may be required as a result of the egress analysis 
accomplished to satisfy proposed Special Condition No. 4(a).

    12. A smoke or fire detection system (or systems) must be provided 
that monitors each occupiable area within the OFCR compartment, 
including those areas partitioned by curtains or doors. Flight tests 
must be conducted to show compliance with this requirement. If a fire 
occurs, each system (or systems) must provide:
    (a) A visual indication to the flight deck within one minute after 
the start of a fire.

[[Page 87]]

    (b) An aural warning in the OFCR compartment.
    (c) A warning in the main passenger cabin. This warning must be 
readily detectable by a flight attendant, taking into consideration the 
positioning of flight attendants throughout the main passenger 
compartment during various phases of flight.
    13. Means to fight a fire must be provided. The means can either be 
a built-in extinguishing system or manual hand-held bottle 
extinguishing system.
    (a) For a built-in extinguishing system:
    (1) The system must have adequate capacity to suppress a fire 
considering the fire threat, volume of the compartment, and the 
ventilation rate. The system must have sufficient extinguishing agent 
to provide an initial knockdown and suppression environment per the 
minimum performance standards that have been established for the agent 
being used. In addition, certification flight testing will verify the 
acceptable duration that the suppression environment can be maintained.
    (2) If the capacity of the extinguishing system does not provide 
effective fire suppression that will last for the duration of flight 
from the farthest point in route to the nearest suitable landing site 
expected in service, an additional manual firefighting procedure must 
be established. For the built-in extinguishing system, the time 
duration for effective fire suppression must be established and 
documented in the firefighting procedures in the airplane flight 
manual. If the duration of time for demonstrated effective fire 
suppression provided by the built-in extinguishing agent will be 
exceeded, the firefighting procedures must instruct the crew to:
    (i) Enter the OFCR compartment at the time that demonstrated fire 
suppression effectiveness will be exceeded.
    (ii) Check for and extinguish any residual fire.
    (iii) Confirm that the fire is out.
    (b) For a manual hand-held bottle extinguishing system (designed as 
the sole means to fight a fire or to supplement a built-in 
extinguishing system of limited suppression duration) for the OFCR:
    (1) There must be a limitation in the airplane flight manual or 
other suitable means requiring that crewmembers be trained in the 
firefighting procedures.
    (2) The compartment design must allow crewmembers equipped for 
firefighting to have unrestricted access to all parts of the 
compartment.
    (3) The time for a crewmember on the main deck to react to the fire 
alarm, don the firefighting equipment, and gain access to the OFCR 
compartment must not exceed the time it would take for the compartment 
to become filled with smoke, thus making it difficult to locate the 
fire source.
    (4) Approved procedures describing methods for searching the OFCR 
compartment for fire source(s) must be established. These procedures 
must be transmitted to the operator for incorporation into its training 
programs and appropriate operational manuals.
    14. There must be a means provided to exclude hazardous quantities 
of smoke or extinguishing agent originating in the OFCR compartment 
from entering any other occupiable compartment.
    (a) Small quantities of smoke may penetrate from the OFCR 
compartment into other occupied areas during the one-minute smoke 
detection time.
    (b) There must be a provision in the firefighting procedures to 
ensure that all doors and hatches at the OFCR compartment outlets are 
closed after evacuation of the compartment and during firefighting to 
minimize smoke and extinguishing agent entering other occupiable 
compartments.
    (c) Smoke entering any occupiable compartment when access to the 
OFCR compartment is open for evacuation must dissipate within five 
minutes after the access to the OFCR compartment is closed.
    (d) Hazardous quantities of smoke may not enter any occupied 
compartment during access to manually fight a fire in the OFCR 
compartment. The amount of smoke entrained by a firefighter exiting the 
OFCR compartment is not considered hazardous.
    (e) Flight tests must be conducted to show compliance with this 
requirement.
    15. There must be a supplemental oxygen system within the OFCR 
compartment as follows:
    (a) There must be at least one mask for each seat and berth in the 
OFCR compartment.
    (b) If a destination area (such as a changing area) is provided in 
the OFCR compartment, there must be an oxygen mask readily available 
for each occupant who can reasonably be expected to be in the 
destination area (with the maximum number of required masks within the 
destination area being limited to the placarded maximum occupancy of 
the OFCR compartment).
    (c) There must also be an oxygen mask readily accessible to each 
occupant who can reasonably be expected to be moving from the main 
cabin into the OFCR compartment, moving around within the OFCR 
compartment, or moving from the OFCR compartment to the main cabin.
    (d) The system must provide an aural and visual alert to warn 
occupants of the OFCR compartment to don oxygen masks in the event of 
decompression. The aural and visual alerts must activate concurrently 
with deployment of the oxygen masks in the passenger cabin. To 
compensate for sleeping occupants, the aural alert must be heard in 
each section of the OFCR compartment and must sound continuously for a 
minimum of five minutes or until a reset switch within the OFCR 
compartment is activated. A visual alert that informs occupants that 
they must don an oxygen mask must be visible in each section.
    (e) There must also be a means by which oxygen masks can be 
manually deployed from the flight deck.
    (f) Approved procedures must be established for OFCR occupants in 
the event of decompression. These procedures must be transmitted to the 
operator for incorporation into its training programs and appropriate 
operational manuals.
    (g) The supplemental oxygen system for the OFCR compartment must 
meet the same 14 CFR part 25 regulations as the supplemental oxygen 
system for the passenger cabin occupants except for the 10 percent 
additional masks requirement of 14 CFR 25.1447(c)(1).
    (h) The illumination level of the normal OFCR compartment lighting 
system must automatically be sufficient for each occupant of the 
compartment to locate a deployed oxygen mask.
    16. The following additional requirements apply to OFCR 
compartments that are divided into several sections by the installation 
of curtains or partitions:
    (a) A placard is required adjacent to each curtain that visually 
divides or separates, for privacy purposes, the OFCR compartment into 
small sections. The placard must require that the curtain(s) remains 
open when the private section it creates is unoccupied. The vestibule 
section adjacent to the stairway is not considered a private area and, 
therefore, does not require a placard.
    (b) For each section of the OFCR compartment created by the 
installation of a curtain, the following requirements of these proposed 
special conditions must be met with the curtain open or closed:
    (1) No smoking placard requirement (Proposed Special Condition No. 
1).
    (2) Emergency illumination requirement (Proposed Special Condition 
No. 7).

[[Page 88]]

    (3) Emergency alarm system requirement (Proposed Special Condition 
No. 9).
    (4) Seat belt fasten signal or return to seat signal as applicable 
requirement (Proposed Special Condition No. 10).
    (5) Smoke or fire detection system requirement (Proposed Special 
Condition No. 12).
    (6) Oxygen system requirement (Proposed Special Condition No. 15).
    (c) OFCR compartments that are visually divided to the extent that 
evacuation could be affected must have exit signs directing occupants 
to the primary stairway outlet. The exit signs must be provided in each 
separate section of the OFCR compartment, except for curtained bunks, 
and must meet requirements of Sec.  25.812(b)(1)(i). An exit sign with 
reduced background area or a symbolic exit sign as described in 
Proposed Special Condition No. 6(a) may be used to meet this 
requirement.
    (d) For sections within an OFCR compartment created by the 
installation of a rigid partition with a door separating the sections, 
the following requirements of these proposed special conditions must be 
met with the door open or closed:
    (1) There must be a secondary evacuation route from each section to 
the main deck, or alternatively, the applicant must show that any door 
between the sections has been designed to preclude anyone from being 
trapped inside a section of the compartment. Removal of an 
incapacitated occupant from within this area must be considered. A 
secondary evacuation route from a small room designed for only one 
occupant for a short time duration, such as a changing area or 
lavatory, is not required, but removal of an incapacitated occupant 
from within such a small room must be considered.
    (2) Any door between the sections must be shown to be openable when 
crowded against, even when crowding occurs at each side of the door.
    (3) There may be no more than one door between any seat or berth 
and the primary stairway door.
    (4) In each section, there must be exit signs meeting requirements 
of Sec.  25.812(b)(1)(i), or shown to have an equivalent level of 
safety, that direct occupants to the primary stairway outlet. An exit 
sign with reduced background area or a symbolic exit sign as described 
in Proposed Special Condition No. 6(a) may be used to meet this 
requirement.
    (5) Proposed Special Conditions No. 1 (no smoking placards), No. 7 
(emergency illumination), No. 9 (emergency alarm system), No. 10 
(fasten seat belt signal or return to seat signal as applicable), No. 
12 (smoke or fire detection system), and No. 15 (oxygen system) must be 
met with the door open or closed.
    (6) Proposed Special Conditions No. 8 (two-way voice communication) 
and No. 11 (emergency firefighting and protective equipment) must be 
met independently for each separate section except for lavatories or 
other small areas that are not intended to be occupied for extended 
periods of time.
    17. If a waste disposal receptacle is fitted in the OFCR 
compartment, it must be equipped with an automatic fire extinguisher 
that meets the performance requirements of Sec.  25.854(b).
    18. Materials (including finishes or decorative surfaces applied to 
the materials) must comply with the requirements of Sec.  25.853 as 
amended by Amendment 25-116. Seat cushions and mattresses must comply 
with the flammability requirements of Sec.  25.853(c) as amended by 
Amendment 25-116 and the test requirements of part 25, appendix F, part 
II, or other equivalent methods.
    19. The addition of a lavatory within the OFCR compartment would 
require the lavatory to meet the same requirements as those for a 
lavatory installed on the main deck except with regard to Proposed 
Special Condition No. 12 for smoke detection.
    20. Each stowage compartment in the OFCR compartment, except for 
underseat compartments for occupant convenience, must be completely 
enclosed. All enclosed stowage compartments within the OFCR compartment 
that are not limited to stowage of emergency equipment or airplane-
supplied equipment must meet the design criteria given in the table 
below. Enclosed stowage compartments greater than 200 ft.\3\ in 
interior volume are not addressed by this proposed special condition. 
The in-flight accessibility of very large enclosed stowage compartments 
and the subsequent impact on the crewmembers' ability to effectively 
reach any part of the compartment with the contents of a hand fire 
extinguisher will require additional fire protection considerations 
similar to those required for inaccessible compartments such as Class C 
cargo compartments.

   Design Criteria for Enclosed Stowage Compartments Not Limited to Stowage of Emergency or Airplane-Supplied
                                                    Equipment
----------------------------------------------------------------------------------------------------------------
                                            Applicability of fire protection requirements by interior volume
                                      --------------------------------------------------------------------------
       Fire protection features                                  25 Cubic feet to less     57 Cubic feet to 200
                                       Less than 25 cubic feet     than 57 cubic feet           cubic feet
----------------------------------------------------------------------------------------------------------------
Compliant Materials of                 Yes....................  Yes....................  Yes.
 Construction\1\
Smoke or Fire Detectors \2\..........  No.....................  Yes....................  Yes.
Liner \3\............................  No.....................  Conditional............  Yes.
Fire Location Detector \4\...........  No.....................  Yes....................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ Compliant Materials of Construction
The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet
  the flammability standards established for interior components (i.e., 14 CFR part 25 Appendix F, Parts I, IV,
  and V) per the requirements of Sec.   25.853. For compartments less than 25 ft.\3\ in interior volume, the
  design must ensure the ability to contain a fire likely to occur within the compartment under normal use.
\2\ Smoke or Fire Detectors
Enclosed stowage compartments equal to or exceeding 25 ft.\3\ in interior volume must be provided with a smoke
  or fire detection system to ensure that a fire can be detected within a one-minute detection time. Flight
  tests must be conducted to show compliance with this requirement. Each system (or systems) must provide:
(a) A visual indication in the flight deck within one minute after the start of a fire.
(b) An aural warning in the OFCR compartment.
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking
  into consideration the positioning of flight attendants throughout the main passenger compartment during
  various phases of flight.
\3\ Liner

[[Page 89]]

 
If it can be shown that the material used to construct the stowage compartment meets the flammability
  requirements of a liner for a Class B cargo compartment (i.e., Sec.   25.855 at Amendment 25-116, and Appendix
  F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to
  or greater than 25 ft.\3\ but less than 57 ft.\3\ in interior volume. For all enclosed stowage compartments
  equal to or greater than 57 ft.\3\ in interior volume but less than or equal to 200 ft.\3\, a liner must be
  provided that meets the requirements of Sec.   25.855 for a Class B cargo compartment.
\4\ Fire Location Detector
If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.\3\ interior volume that are located
  separately from the other stowage compartments (located, for example, away from one central location, such as
  the entry to the OFCR compartment or a common area within the OFCR compartment, where the other stowage
  compartments are), that OFCR compartment would require additional fire protection features and/or devices to
  assist the firefighter in determining the location of a fire.


    Issued in Renton, Washington, on December 28, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31116 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-13-P