[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Proposed Rules]
[Pages 75-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31117]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / 
Proposed Rules  

[[Page 75]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM412 Special Conditions No. 25-09-08-SC]


Special Conditions: Boeing Model 787-8 Airplane; Overhead Crew 
Rest Compartment

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 installation of an overhead crew rest 
compartment. 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. NM412, 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. NM412. 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.

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. In addition, the FAA must 
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

[[Page 76]]

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 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 (OCR) compartments allowed to be occupied during 
flight, and Special Conditions No. 25-260-SC, dated April 14, 2004, for 
overhead flight crew rest (OFCR) compartments allowed to be occupied 
during taxi, takeoff, and landing (TT&L), as well as during flight.
    The OCR compartment on the 787 identified by Boeing as an overhead 
flight attendant rest is located above the main passenger cabin, 
adjacent to Door 4, and will be accessed from the main deck by stairs 
through a vestibule. This OCR compartment will contain six private 
berths, an emergency hatch that opens directly into the main passenger 
cabin area, a smoke detection system, an oxygen system, and various 
occupant amenities. This OCR compartment will only be occupied by 
trained crew members in flight. It will not be occupied during taxi, 
takeoff, or landing.
    This 787 OCR compartment is unique to part 25 because of its 
design, location, and use on the airplane. Because of the novel or 
unusual features associated with installation of this compartment, 
special conditions are considered necessary to provide a level of 
safety equal to that established by the airworthiness regulations.
    Certification engineers evaluate such an installation with respect 
to the interior and assess it in accordance with the certification 
basis of the airplane. However, part 25 does not provide all of the 
requirements for crew rest compartments within the overhead area of the 
passenger compartment. These proposed special conditions do not negate 
the need to address other applicable part 25 regulations.

Operational Evaluations and Approval

    These proposed special conditions outline requirements for OCR 
compartment design approvals administered by the FAA's Aircraft 
Certification Service. Prior to operational use of an OCR 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 OCR 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 OCR 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 OCR 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 OCR 
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 OCR compartment through the stairway/vestibule to fight a fire will 
examine the stairway/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 OCR 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 OCR 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 OCR 
compartment for fire source(s) must be transmitted to operators for 
incorporation into their training programs and appropriate operational 
manuals.

Discussion of Proposed Special Conditions

    These proposed special conditions would initially apply to an OCR 
compartment installed adjacent to the Door 4 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 closely 
resemble Boeing 777 Special Conditions No. 25-230-SC.
    Proposed Special Conditions No. 4 and 14 contain requirements for 
the exit signs that must be provided in the OCR compartment. Symbols 
that satisfy the equivalent level of safety finding established for the 
787 may be used in lieu of the text required by Sec.  25.812(b)(1)(i). 
The FAA expects that crewmembers will learn the meaning of any symbolic 
exit sign as a part of their training in evacuation procedures.
    Proposed Special Condition No. 13 contains requirements for 
supplemental oxygen systems. Special Conditions No. 25-260-SC, for the 
overhead flightcrew rest compartments, 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 in 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. 17 contains the requirement for 
materials used in the construction of the OCR compartment and states 
that Sec.  25.853 as amended by Amendment 25-116 is the appropriate 
regulation. Amendment 25-116 is the latest amendment level for Sec.  
25.853.
    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 the installation 
of OCR 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 OCR compartment, as well as for

[[Page 77]]

any other airplane compartments whose decompression characteristics are 
affected by the installation of an OCR compartment. Compliance with 
Sec.  25.813 emergency exit access requirements must be demonstrated 
for all phases of flight during which occupants will be present.
    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. 1 and 14 provide 
requirements for crew rest doors which are considered to provide an 
appropriate level of safety to OCR compartment occupants.
    Sections 25.1443, 25.1445, and 25.1447 contain oxygen requirements 
for flight crew, passengers, and cabin attendants. Crewmembers 
occupying the OCR 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 crew rest (OCR) 
compartment installed above the main passenger cabin adjacent to an 
exit door.
    1. Occupancy of the OCR compartment is limited to the total number 
of installed bunks and seats in each compartment. There must be an 
approved seat or berth able to withstand the maximum flight loads when 
occupied for each occupant permitted in the OCR compartment. Maximum 
occupancy in the OCR compartment is six.
    (a) There must be appropriate placards, inside and outside each 
entrance to the OCR compartment, to indicate:
    (1) The maximum number of occupants allowed.
    (2) That occupancy is restricted to crewmembers who are trained in 
the evacuation procedures for the OCR compartment.
    (3) That occupancy is prohibited during taxi, take-off, and 
landing.
    (4) That smoking is prohibited in the OCR compartment.
    (5) That stowage in the OCR 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 overhead crew rest 
compartment.
    (c) For times when there is no flight attendant present in the area 
around the door to the OCR compartment, and also in the event of an 
emergency, there must be a means to prevent passengers from entering 
the OCR compartment.
    (d) There must be a means for any door installed between the OCR 
compartment and the passenger cabin to be quickly opened from inside 
the compartment, even when crowding occurs at each side of the door.
    (e) For all doors installed, there must be a means to preclude 
anyone from being trapped inside the OCR 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 compartment at any time.
    (f) The means of opening doors and hatches to the OCR compartment 
must be simple and obvious. In addition, doors or hatches that separate 
the overhead crew rest 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.
    2. There must be at least two emergency evacuation routes which 
could be used by each occupant of the OCR 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 OCR compartment to minimize the possibility of an event either 
inside or outside of the crew rest compartment rendering both routes 
inoperative.
    Compliance with requirements of Proposed Special Condition No. 2(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. 2(a). An inspection finding that an OCR compartment has 
evacuation routes located so that each occupant of the seats and berths 
has an unobstructed route to at least one of the crew rest 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 OCR 
compartment would require no further review or analysis with regard to 
exit separation.

Compliance by Analysis

    Analysis must show that the OCR compartment configuration and 
interior features allow all occupants of the OCR 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 OCR 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 OCR 
compartment.
    (3) Distribution and quantity of emergency equipment within the OCR 
compartment.
    (4) Structural failure or deformation of components that could 
block access to the available evacuation routes (e.g., 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 back break over, rigid structure that reduces access from one part 
of the compartment to another,

[[Page 78]]

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 OCR 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 OCR 
compartment.
    The intent of this proposed special condition is to provide 
sufficient exit route separation. Therefore the exit separation 
analysis described above should not be used to approve crew rest 
compartment outlets that have less physical separation (measured 
between the centroid of each exit opening) than the minimums prescribed 
below, unless compensating features are identified and submitted to the 
FAA for evaluation and approval.
    For OCR compartments with one outlet located near the forward or 
aft end of the compartment (as measured by having the centroid of the 
exit opening within 20 percent of the forward or aft end of the total 
overhead crew rest compartment length) the outlet separation from one 
outlet to the other should not be less than 50 percent of the total OCR 
compartment length.
    For OCR 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 OCR compartment length) 
the outlet separation from one outlet to the other should not be less 
than 30 percent of the total OCR 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 OCR evacuation routes should not be located 
where, during times when occupancy is allowed, normal movement by 
passengers occurs (i.e., main aisle, cross aisle or galley complex, for 
example) that would impede egress from the OCR compartment. If an 
evacuation route is in an area where normal movement 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 OCR compartment from head injury. Use of evacuation routes must not 
be dependent on any powered device. If a crew rest 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 OCR 
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.
    (d) There must be a limitation in the airplane flight manual or 
other suitable means to require that crewmembers be trained in use of 
the OCR evacuation routes.
    3. There must be a means of evacuating an incapacitated person 
(representative of a ninety-fifth percentile male) from the OCR 
compartment to the passenger cabin floor.
    (a) Such an evacuation must be demonstrated for all evacuation 
routes. A crewmember (a total of one assistant within the OCR 
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 OCR compartment, or to the first landing, 
whichever is lower.
    4. The following signs and placards must be provided in the OCR 
compartment, and they must meet the following criteria:
    (a) At least one exit sign, located near each exit, 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 (e.g., 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 also 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 
OCR compartment.
    (b) An appropriate placard located near each exit defining the 
location of and operating instructions for each evacuation route.
    (c) Placards must be readable from a distance of 30 inches under 
emergency lighting conditions.
    (d) The exit handles and evacuation path operating instruction 
placards must be illuminated to at least 160 microlamberts under 
emergency lighting conditions.
    5. There must be a means in the event of failure of the aircraft's 
main power system, or of the normal OCR compartment lighting system, 
for emergency illumination to be automatically provided for the OCR 
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 OCR 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 crew rest 
compartment to locate a deployed oxygen mask.
    6. There must be means for two-way voice communications between 
crewmembers on the flight deck and occupants of the OCR compartment. 
There must also be two-way communications between occupants of the OCR 
compartment and each flight attendant station in the passenger cabin 
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 OCR compartment (for example fire in flight, aircraft 
depressurization, preparation of the

[[Page 79]]

compartment occupants for landing, etc.).
    7. 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 overhead crew 
rest OCR 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.
    8. There must be a means, readily detectable by seated or standing 
occupants of the OCR compartment, to indicate when seat belts should be 
fastened. If there are no seats in the OCR compartment, at least one 
means must be provided to cover anticipated turbulence (e.g., 
sufficient handholds). Seat belt type restraints must be provided for 
berths and must be compatible for the sleeping attitude during cruise 
conditions. There must be a placard on each berth requiring that seat 
belts 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.
    9. In lieu of the requirements specified in Sec.  25.1439(a) 
pertaining to isolated compartments, and to provide a level of safety 
equivalent to that provided to occupants of an isolated galley, the 
following equipment must be provided in the OCR compartment:
    (a) At least one approved hand-held fire extinguisher appropriate 
for the kinds of fires likely to occur.
    (b) Two PBE devices suitable for firefighting, or one PBE for each 
hand-held fire extinguisher, whichever is greater. All PBE devices must 
be approved to Technical Standard Order (TSO)-C116 or equivalent.
    (c) One flashlight.

    Note:  Additional PBE devices and fire extinguishers in specific 
locations, beyond the minimum numbers prescribed in Proposed Special 
Condition No. 9, may be required as a result of the egress analysis 
accomplished to satisfy Proposed Special Condition No. 2(a).

    10. A smoke or fire detection system (or systems) must be provided 
that monitors each occupiable area within the OCR 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 flightdeck within one minute after 
the start of a fire.
    (b) An aural warning in the OCR 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.
    11. The OCR compartment must be designed so that fires within the 
compartment can be controlled without a crewmember having to enter the 
compartment, or the design of the access provisions must allow 
crewmembers equipped for firefighting to have unrestricted access to 
the compartment. The time for a crewmember on the main deck to react to 
the fire alarm, don the firefighting equipment, and gain access to the 
OCR compartment must not exceed the time it takes for the compartment 
to become filled with smoke, making it difficult to locate the fire 
source. Approved procedures describing methods for searching the OCR 
for fire sources(s) must be established. These procedures must be 
transmitted to the operator for incorporation into its training 
programs and appropriate operational manuals.
    12. There must be a means provided to exclude hazardous quantities 
of smoke or extinguishing agent originating in the OCR compartment from 
entering any other compartment occupied by crewmembers or passengers. 
The effectiveness of this means must include the time periods during 
evacuation of the OCR compartment and, if applicable, the time during 
which crewmembers are accessing the OCR compartment to manually fight a 
fire. Smoke entering any other compartment occupied by crewmembers or 
passengers when the access to the OCR compartment is opened, during an 
emergency evacuation, must dissipate within five minutes after the 
access to the OCR compartment is closed.
    (a) Hazardous quantities of smoke may not enter any other 
compartment occupied by crewmembers or passengers during access to the 
OCR compartment to manually fight a fire. The amount of smoke entrained 
by a firefighter exiting the OCR compartment through the access is not 
considered hazardous. During the one-minute smoke detection time, 
penetration of a small quantity of smoke from the OCR compartment into 
an occupied area is acceptable. Flight tests must be conducted to show 
compliance with this requirement.
    (b) There must be a provision in the firefighting procedures to 
ensure that all door(s) and hatch(es) at the crew rest compartment 
outlets are closed after evacuation of the compartment and during 
firefighting to minimize smoke and extinguishing agent entering other 
occupiable compartments.
    (c) If a built-in fire extinguishing system is to be used instead 
of manual firefighting, the fire extinguishing system must be designed 
so that no hazardous quantities of extinguishing agent will enter other 
compartments occupied by passengers or crew. The system must have 
adequate capacity to suppress a fire considering the fire threat, the 
volume of the compartment, and the ventilation rate.
    (1) 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 OCR 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 OCR:
    (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

[[Page 80]]

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 OCR 
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.
    13. There must be a supplemental oxygen system within the crew rest 
compartment as follows:
    (a) There must be at least one mask for each seat and berth in the 
crew rest compartment.
    (b) If a destination area (such as a changing area) is provided in 
the OCR 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 crew 
rest).
    (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 OCR compartment, moving around within the OCR 
compartment, or moving from the OCR compartment to the main cabin.
    (d) The system must provide an aural and visual alert to warn 
occupants of the OCR 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 OCR compartment and must sound continuously for a 
minimum of five minutes or until a reset switch within the OCR 
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 OCR occupants in 
the event of decompression. These procedures must be transmitted to the 
operator for incorporation into their training programs and appropriate 
operational manuals.
    (g) The supplemental oxygen system for the OCR 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 OCR compartment lighting 
system must automatically be sufficient for each occupant of the 
compartment to locate a deployed oxygen mask.
    14. The following requirements apply to OCR 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 OCR 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 OCR 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. 5).
    (3) Emergency alarm system requirement (Proposed Special Condition 
No. 7).
    (4) Seat belt fasten signal or return to seat signal as applicable 
requirement (Proposed Special Condition No. 8).
    (5) Smoke or fire detection system requirement (Proposed Special 
Condition No. 10).
    (6) Oxygen system requirement (Proposed Special Condition No. 13).
    (c) Overhead crew rest 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 OCR 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. 4(a) may be used to meet 
this requirement.
    (d) For sections within an OCR compartment created by the 
installation of a rigid partition with a door physically 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 the compartment. Removal of an incapacitated occupant 
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 exit.
    (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 exit. An exit 
sign with reduced background area or a symbolic exit sign as described 
in Proposed Special Condition No. 4(a) may be used to meet this 
requirement.
    (e) For each smaller section within the main OCR compartment 
created by the installation of a partition with a door, the following 
requirements of these proposed special conditions must be met with the 
door open or closed:
    (1) No smoking placards requirement (Proposed Special Condition No. 
1).
    (2) Emergency illumination requirement (Proposed Special Condition 
No. 5).
    (3) Two-way voice communication requirement (Proposed Special 
Condition No. 6).
    (4) Emergency alarm system requirement (Proposed Special Condition 
No. 7).
    (5) Seat belt fasten signal or return to seat signal as applicable 
requirement (Proposed Special Condition No. 8).
    (6) Emergency firefighting and protective equipment requirement 
(Proposed Special Condition No. 9).
    (7) Smoke or fire detection system requirement (Proposed Special 
Condition No. 10).
    (8) Oxygen system requirement (Proposed Special Condition No. 13).
    15. The requirements for two-way voice communication with the 
flight deck and provisions for emergency firefighting and protective 
equipment do not apply to lavatories or other small areas that are not 
intended to be occupied for extended periods of time.
    16. If a waste disposal receptacle is fitted in the OCR 
compartment, it must be equipped with an automatic fire extinguisher 
that meets the performance requirements of Sec.  25.854(b).
    17. Materials (including finishes or decorative surfaces applied to 
the materials) must comply with flammability requirements of Sec.  
25.853(a) as amended by Amendment 25-116. Mattresses must comply with 
the

[[Page 81]]

flammability requirements of Sec.  25.853(c) as amended by Amendment 
25-116.
    18. The addition of a lavatory within the OCR 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. 10 for smoke detection.
    19. Each stowage compartment in the OCR compartment must be 
completely enclosed. All enclosed stowage compartments within the OCR 
compartment that are not limited to stowage of emergency equipment or 
airplane-supplied equipment (i.e., bedding) 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 overhead crew rest 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
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 OCR 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 OCR compartment or a common area within the OCR compartment, where the other stowage
  compartments are), that OCR 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. E9-31117 Filed 12-31-09; 8:45 am]
BILLING CODE 4910-13-P