[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Rules and Regulations]
[Pages 52614-52616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21449]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM433; Special Conditions No. 25-411-SC]


Special Conditions: Embraer Model ERJ 170-100 SU Series 
Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer Model ERJ 
170-100 SU series airplanes. These airplanes, as modified by C&D 
Zodiac, Inc., will have a novel or unusual design feature associated 
with seats that include non-traditional, large, non-metallic panels 
that would affect survivability during a post-crash fire event. The 
applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this design feature. These special 
conditions contain the additional safety standards that the 
Administrator considers necessary to establish a level of safety 
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is August 18, 
2010. We must receive your comments by September 27, 2010.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM433, 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. NM433. 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: Jayson Claar, FAA, ANM-115, Transport 
Airplane Directorate, Aircraft Certification Service, 16501 Lind 
Avenue, SW., Renton, WA 98057-3356; telephone (425) 227-2194; facsimile 
(425) 227-1232.

SUPPLEMENTARY INFORMATION: 
    The FAA has determined that notice of, and opportunity for prior 
public comment on, these special conditions are impracticable because 
these procedures would significantly delay issuance of the design 
approval and thus delivery of the affected aircraft. In addition, the 
substance of these special conditions has been subject to the public-
comment process in several prior instances with no substantive comments 
received. The FAA therefore finds that good cause exists for making 
these special conditions effective upon issuance.

Comments Invited

    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 
about 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 by the closing date for 
comments. We will consider comments filed late if it is possible to do 
so without incurring expense or delay. We may change these special 
conditions based on the comments we receive.
    If you want us to acknowledge receipt of your comments on these 
special conditions, 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 June 16, 2010, C&D Zodiac, Inc., 5701 Bolsa Ave,, Huntington 
Beach, California 92647, applied for a Supplemental Type Certificate 
(STC) for an interior modification to include seats with large, non-
metallic panels in the cabin interior in the Embraer Model ERJ 170-100 
SU series airplanes. The Model ERJ 170-100 SU, which is currently 
approved under Type Certificate No. A56NM, is a 76 passenger, twin-
engine regional jet with a maximum takeoff weight of 82,011 pounds.
    The applicable airplane regulations, currently approved under Title 
14, Code of Federal Regulations (14 CFR) part 25, do not require seats 
to meet the more-stringent flammability standards required of large, 
non-metallic panels in the cabin interior. At the time the applicable 
rules were written, seats were designed with a metal frame covered by 
fabric, not with large, non-metallic panels. Seats also met the then-
recently adopted standards for flammability of seat cushions. With the 
seat design being mostly fabric and metal, the contribution to a fire 
in the cabin had been minimized and was not considered a threat. For 
these reasons, seats did not need to be tested to heat-release and 
smoke-emission requirements.
    Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface 
area of these panels is on the same order as the sidewall and overhead 
stowage bin interior panels. To provide the level of passenger 
protection intended by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the 
standards of part 25, Appendix F, parts IV and V, heat-release and 
smoke-emission requirements.

[[Page 52615]]

Type Certification Basis

    Under the provisions of Sec.  21.101, C&D Zodiac, Inc., must show 
that the Model ERJ 170-100 SU, as changed, continues to meet the 
applicable provisions of the regulations incorporated by reference in 
Type Certificate No. A56NM. The regulations incorporated by reference 
in the type certificate are commonly referred to as the original type 
certification basis. The regulations incorporated by reference in Type 
Certificate No. A56NM are as follows: 14 CFR part 25, as amended by 
Amendments 25-1 through 25-101.
    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 Model ERJ-170-100 SU, because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model ERJ 170-100 SU series airplanes must comply with 
the fuel vent and exhaust emission requirements of 14 CFR part 34 and 
the noise certification requirements of 14 CFR part 36.
    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.  21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should the applicant apply for an STC to modify any 
other model included on the same type certificate to incorporate the 
same novel or unusual design feature, the special conditions would also 
apply to the other model.

Novel or Unusual Design Features

    The Model ERJ 170-100 SU series airplanes will incorporate the 
following novel or unusual design features:
    These models offer interior arrangements that include passenger 
seats that incorporate non-traditional, large, non-metallic panels in 
lieu of the traditional metal frame covered by fabric. The flammability 
properties of these panels have been shown to significantly affect the 
survivability of occupants of the cabin in the event of fire. These 
seats are considered a novel design for transport category airplanes 
that include Amendment 25-61 and Amendment 25-66 in the certification 
basis, and were not considered when those airworthiness standards were 
established.
    The existing regulations do not provide adequate or appropriate 
safety standards for seat designs that incorporate non-traditional, 
large, non-metallic panels. To provide a level of safety equivalent to 
that provided by the balance of the cabin, additional airworthiness 
standards, in the form of special conditions, are necessary. These 
special conditions supplement Sec.  25.853. The requirements contained 
in these special conditions consist of applying the identical test 
conditions, required of all other large panels in the cabin, to seats 
with non-traditional, large, non-metallic panels.

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

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

Clarification of ``Exposed''

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

Discussion

    In the early 1980s, the FAA conducted extensive research on the 
effects of post-crash flammability in the passenger cabin. As a result 
of this research and service experience, we adopted new standards for 
interior surfaces associated with larger surface area parts. 
Specifically, the rules require measurement of heat release and smoke 
emission (part 25, Appendix F, parts IV and V) for the affected parts. 
Heat release has been shown to have a direct correlation with post-
crash, fire-survival time. The materials that comply with the standards 
(i.e., Sec.  25.853, titled ``Compartment Interiors,'' as amended by 
Amendments 25-61 and 25-66) extended survival time by approximately 2 
minutes over materials that do not comply.
    At the time Amendment 25-61 was written, the potential application 
of the requirement to seats was explored. The seat frame itself was not 
a concern because it was primarily made of aluminum and included only 
small amounts of non-metallic materials (for example, a food tray table 
and armrest closeout). It was determined that the overall effect on 
survivability was negligible, whether or not these panels met the heat-
release and smoke-emission requirements. The requirements therefore did 
not address seats, and the preambles to both Notice of Proposed Rule 
Making (NPRM) 85-10 and the final rule (Amendment 25-61) specifically 
noted that they were excluded ``because the recently adopted standards 
for flammability of seat cushions will greatly inhibit involvement of 
the seats.''
    In the late 1990s, when it became clear that seat designs were 
evolving to include large non-metallic panels with surface areas that 
would impact survivability during a cabin fire event compared to 
partitions or galleys, the FAA issued Policy Memorandum 97-112-39. This 
memo noted that large surface area panels must comply with heat-release 
and smoke-emission requirements, even if they were attached to a seat. 
If the FAA had not issued such a policy, seat designs would have been 
viewed as a loophole to the airworthiness standards that would result 
in an unacceptable decrease in survivability during a cabin fire event.

Applicability

    As discussed above, these special conditions are applicable to the 
Model ERJ 170-100 SU series airplanes. Should C&D Zodiac, Inc., apply 
at a later date for an STC to modify any other model included on Type 
Certificate No. A56NM to incorporate the same novel or unusual design 
feature, these special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on Embraer Model ERJ 170-100 SU series airplanes. It is not a rule of 
general applicability and affects only the applicant who applied to the 
FAA for approval of these features on the airplane.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that

[[Page 52616]]

prior public comment would result in a significant change from the 
substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, which is 
imminent, the FAA has determined that prior public notice and comment 
are unnecessary and impracticable, and good cause exists for adopting 
these special conditions upon issuance. The FAA is requesting comments 
to allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.

List of Subjects in 14 CFR Part 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 Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the supplemental type certification basis for Embraer Model ERJ 170-100 
SU series airplanes modified by C&D Zodiac, Inc.
    1. Except as provided in special condition number 3, below, 
compliance with heat-release and smoke-emission testing requirements of 
Sec.  25.853, and Appendix F, parts IV and V, is required for seats 
that incorporate non-traditional, large, non-metallic panels that may 
be either a single component or multiple components in a concentrated 
area in their design.
    2. The applicant may designate up to and including 1.5 square feet 
of non-traditional, non-metallic panel material per seat place that 
does not have to comply with special condition number 1, above. A 
triple-seat assembly may have a total of 4.5 square feet excluded on 
any portion of the assembly (e.g., outboard seat place, 1 square foot; 
middle, 1 square foot; and inboard, 2.5 square feet).
    3. Seats do not have to meet the test requirements of part 25, 
Appendix F, parts IV and V, when installed in compartments that are not 
otherwise required to meet these requirements. Examples include:
    a. Airplanes with passenger capacities of 19 or less,
    b. Airplanes that do not have Sec.  25.853, Amendment 25-61 or 
later, in their certification basis and do not need to comply with the 
requirements of Sec.  121.312, and
    c. Airplanes exempted from Sec.  25.853, Amendment 25-61 or later.

    Issued in Renton, Washington, on August 18, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplanes Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-21449 Filed 8-26-10; 8:45 am]
BILLING CODE 4910-13-P