[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Rules and Regulations]
[Pages 55230-55232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE315; Special Conditions No. 23-254-SC]


Special Conditions: Embraer S.A.; Model EMB 505; Single-Place 
Side-Facing Lavatory Seat Dynamic Test Requirements

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 S.A., EMB 
505 airplane. This airplane will have a novel or unusual design 
feature(s) associated with the installation of a single-place side-
facing seat. The applicable airworthiness regulations do not provide 
adequate or appropriate safety standards for this design feature. In 
order to provide a level of safety that is equivalent to that afforded 
to occupants of forward and aft facing seating, additional 
airworthiness standards, in the form of special conditions, are 
necessary.

DATES: The effective date of these special conditions is August 31, 
2011. Comments must be received on or before October 7, 2011.

ADDRESSES: Comments on these special conditions may be mailed in 
duplicate to: Federal Aviation Administration (FAA), Regional Counsel, 
ACE-7, Attention: Rules Docket, Docket No. CE315, 901 Locust, Room 506, 
Kansas City, Missouri 64106, or delivered in duplicate to the Regional 
Counsel at the above address. Comments must be marked: CE315. Comments 
may be inspected in the Rules Docket weekdays, except Federal holidays, 
between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Bob Stegeman, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4140, 
fax 816-329-4090, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and 
opportunity for prior public comment hereon are impracticable because 
these procedures would significantly delay issuance of the approval 
design 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 instance with no substantive comments

[[Page 55231]]

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 
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 let you know we received your comments on these 
special conditions, send us a pre-addressed, stamped postcard on which 
the docket number appears. We will stamp the date on the postcard and 
mail it back to you.

Background

    On October 14, 2010, Embraer S.A. applied for a design change to 
Type Certificate No. A60CE for installation of a side-facing belted 
lavatory in the EMB-505 airplane. The belted lavatory will be used as a 
passenger seat during takeoff and landing; therefore, comply with the 
provisions of Sec. Sec.  23.562 and 23.785 (in addition to the 
certification basis as established in type certificate A60CE) and any 
additional requirements the FAA determines are applicable. In this 
case, the approval of a side-facing seat to these provisions is 
considered new and novel and as such will require special conditions 
and specific methods of compliance to certificate.
    14 CFR part 23 was amended August 8, 1988, by Amendment 23-36, to 
revise the emergency landing conditions that must be considered in the 
design of the airplane. Amendment 23-36 revised the static load 
conditions in Sec.  23.561, and added a new Sec.  23.562 that required 
dynamic testing for all seats approved for occupancy during takeoff and 
landing. The intent of Amendment 23-36 is to provide an improved level 
of safety for occupants on part 23 airplanes. Because most seating is 
forward-facing in part 23 airplanes, the pass/fail criteria developed 
in Amendment 23-36 focused primarily on these seats. Since the 
regulations do not address side-facing seats, these criteria should be 
documented in special conditions.
    The FAA decision to review compliance with these regulations stems 
from the fact that the current regulations do not provide adequate and 
appropriate standards for the type certification of this type of seat.
    These requirements are substantially similar to other single-place 
side-facing seat installations approved for use on several different 
part 25 aircraft.

Type Certification Basis

    Under the provisions of Sec.  21.101, Embraer S.A. must show that 
the model EMB 505 meets the applicable provisions of the regulations 
incorporated by reference in Type Certificate No. A60CE or the 
applicable regulations in effect on the date of application for the 
change to the Embraer model 505 type certificate. The regulations 
incorporated by reference in the type certificate are commonly referred 
to as the ``original type certification basis.''
    The following model is covered by this special condition:
    Embraer S.A. EMB 505:
    For the model listed above, the certification basis also includes 
all exemptions, if any; equivalent level of safety findings, if any; 
and special conditions not relevant to the special conditions adopted 
by this rulemaking action.
    If the Administrator determines that the applicable airworthiness 
regulations (i.e., part 23 as amended) do not contain adequate or 
appropriate safety standards for the Embraer S.A. model EMB 505 with a 
side-facing seat as installed on this Embraer S.A. Aircraft model 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.
    The FAA issues special conditions, as appropriate, as defined in 
Sec.  11.19, in accordance with Sec.  11.38, and become part of the 
type certification basis in accordance with Sec.  21.101.

Novel or Unusual Design Features

    The Embraer S.A., model EMB 505, will incorporate the following 
novel or unusual design feature:
    A side-facing lavatory seat intended for taxi/takeoff and landing.

Discussion

    The seat is to incorporate design features that reduce the 
potential for injury in the event of an accident. In a severe impact, 
the occupant will be restrained by a 2-point seatbelt and bear on an 
adjacent padded wall. In addition to the design features intended to 
minimize occupant injury during an accident sequence, the installation 
will also require operational procedures that will facilitate egress 
after an accident, including leaving the lavatory door locked open 
during taxi, takeoff and landing. The adjacent forward wall/bulkhead 
interior structure will have padding, which will provide some 
protection to the head of the occupant.
    The Code of Federal Regulations states performance criteria for 
forward- and aft-facing seats and restraints in an objective manner. 
However, none of these criteria are adequate to address the specific 
issues raised concerning side-facing seats. Therefore, the FAA has 
determined that, in addition to the requirements of parts and 23, 
special conditions are needed to address the installation of this seat 
installation/restraint.
    Accordingly, these special conditions are for the Embraer S.A., 
model EMB 505, side-facing seat location. Other conditions may be 
developed, as needed, based on further FAA review and discussions with 
the manufacturer and civil aviation authorities.

Applicability

    As discussed above, these special conditions are applicable to the 
EMB 505. Should Embraer S.A. apply at a later date for a change to the 
type certificate to include another model incorporating the same novel 
or unusual design feature, the special conditions would apply to that 
model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability, 
and it 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 prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the

[[Page 55232]]

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 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

    The minimum acceptable standards for dynamic seat certification of 
the belted lavatory seat are as follows:
    (a) Existing Criteria. As referenced by Sec.  23.785(b), all injury 
protection criteria of Sec. Sec.  23.562(c)(1) through (c)(7) apply to 
the occupants of the side-facing seats. Head injury criteria (HIC) 
assessments are only required for head contact with the seat and/or 
adjacent structures.
    (b) Body-to-wall/furnishing contact. The seat must be installed aft 
of a structure such as an interior wall or furnishing that will contact 
the pelvis, upper arm, chest, or head of an occupant seated next to the 
structure. A conservative representation of the structure and its 
stiffness must be included in the tests. It is required that the 
contact surface of this structure must be covered with at least two 
inches of energy absorbing protective padding (foam or equivalent), 
such as Ensolite.
    (c) Thoracic Trauma. Testing with a Side Impact Dummy (SID), as 
defined by 49 CFR part 572, Subpart F, or its equivalent, must be 
performed in order to establish Thoracic Trauma Index (TTI) injury 
criteria. TTI acquired with the SID must be less than 85, as defined in 
49 CFR part 572, Subpart F. SID TTI data must be processed as defined 
in Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section 
S6.13.5. Rational analysis, comparing an installation with another 
installation where TTI data were acquired and found acceptable, may 
also be viable.
    (d) Pelvis. Pelvic lateral acceleration must not exceed 130g. 
Pelvic acceleration data must be processed as defined in FMVSS Part 
571.214, section S6.13.5.
    (e) Shoulder Strap Loads. Where upper torso straps (shoulder 
straps) are used for occupants, tension loads in individual straps must 
not exceed 1,750 pounds. If dual straps are used for restraining the 
upper torso, the total strap tension loads must not exceed 2,000 
pounds.
    (f) Compression Loads. The compression load measured between the 
pelvis and the lumbar spine of the ATD may not exceed 1,500 pounds.
    (g) Emergency Evacuation. When occupied, the lavatory door must be 
latched open for takeoff and landing and must remain latched under the 
Sec.  23.561(b) loads. The airplane configuration must meet the 
emergency evaluation requirements of its certification basis with the 
seat occupied.
    (h) Lavatory Door Placard. A placard specifying the lavatory door 
must be latched open for takeoff and landing when occupied must be 
displayed on the outside of the door.
    (i) Test Requirements in Sec.  23.562 dynamic loads. The tests in 
Sec.  23.562(a), (b) and (c) must be conducted on the lavatory seat. 
Floor deformation is required except for a seat that is cantilevered to 
the bulkhead.
    The following are the agreed to methods of compliance and testing 
requirements:

General Test Guidelines

    (a) One longitudinal test with the SID ATD or its equivalent, 
undeformed floor, no yaw, and with all lateral structural supports 
(armrests/walls) will be accomplished.

--Pass/fail injury assessments: TTI and pelvic acceleration.

    (b) One longitudinal test with the Hybrid II ATD, deformed floor, 
with 10 degrees yaw, and with all lateral structural supports 
(armrests/walls) will be accomplished.

--Pass/fail injury assessments: HIC and upper torso restraint load, 
restraint system retention and pelvic acceleration.

    (c) Vertical (15 G's) test is to be conducted with modified Hybrid 
II ATDs with existing pass/fail criteria.
    (d) The ATD can be tethered for the floor deformation test.
    (e) The seatbelt is not required to have a TSO Authorization but 
will need to comply with the TSO-C22g Minimum Performance Standards 
(MPS).

    Issued in Kansas City, Missouri, on August 31, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-22880 Filed 9-6-11; 8:45 am]
BILLING CODE 4910-13-P