[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Rules and Regulations]
[Pages 62603-62604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25504]



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  Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / 
Rules and Regulations  

[[Page 62603]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM465; Special Conditions No. 25-446-SC]


Special Conditions: The Boeing Company, Model 747-8; Upper Deck 
Occupancy

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 Boeing Model 747-8 
airplane. These airplanes will have novel or unusual design features 
associated with upper deck occupancy. 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 September 28, 
2011. We must receive your comments by November 25, 2011.

ADDRESSES: You must mail two copies of your comments to: Federal 
Aviation Administration, Transport Airplane Directorate, Attn: Rules 
Docket (ANM-113), Docket No. NM465, 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. NM465. You can inspect comments in the Rules Docket 
weekdays, except Federal holidays, between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 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 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 November 4, 2005, The Boeing Company applied for an amendment to 
Type Certificate Number A20WE to include the new Model 747-8 passenger 
airplane. The Model 747-8 is a derivative of the 747-400. The Model 
747-8 is a four-engine jet transport airplane that will have a maximum 
takeoff weight of 975,000 pounds, new General Electric GEnx-2B67 
engines, and the capacity to carry 605 passengers.
    The Model 747-8 design offers seating capacity on two separate 
decks: The main deck with a maximum passenger capacity of 495 and the 
upper deck with a maximum passenger capacity of 110. Occupants can move 
between decks via a staircase located near door 2 on the main deck of 
the airplane in the forward part of the cabin. The staircase is located 
in the aft end of the upper deck passenger compartment. The regulations 
do not adequately address a passenger airplane with separate decks for 
passenger occupancy, thus the FAA considers this to be a novel design, 
and special conditions are required.

Type Certification Basis

    Under the provisions of Title 14 Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the Model 747-8 (hereafter referred 
to as the 747-8) meets the applicable provisions of 14 CFR part 25, as 
amended by Amendments 25-1 through 25-117, except for earlier 
amendments as agreed upon by the FAA. These regulations will be 
incorporated into Type Certificate No. A20WE after type certification 
approval of the 747-8.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 25) do not contain adequate or appropriate 
safety standards for the 747-8 because of a novel or unusual design 
feature, special conditions are prescribed under the provisions of 
Sec.  21.16.
    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, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design features, these special conditions would also apply to 
the other model.
    In addition to the applicable airworthiness regulations and special 
conditions, the 747-8 must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the

[[Page 62604]]

noise certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in Sec.  11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 747-8 will incorporate the following novel or 
unusual design features: seating capacity on two separate decks, a main 
deck with a maximum passenger capacity of 495 and an upper deck with a 
maximum passenger capacity of 110, and a staircase to facilitate 
occupant movement between the decks.

Discussion

    The regulations governing the certification of the 747-8 do not 
adequately address the certification requirements for a two-deck 
passenger airplane. The Airbus A380-800 and all of the earlier Boeing 
747 passenger airplane models were certified with seating capacity on 
two separate decks. When the seating capacity of the upper deck of the 
Boeing 747 exceeded 24 passengers, the FAA issued Special Condition No. 
25-61-NW-1 for a maximum seating capacity of 32 passengers on the upper 
deck for take-off and landing. A second set of special conditions, 
Special Condition No. 25-71-NW-3, was issued to include airplanes up to 
a maximum seating capacity of 45 passengers on the upper deck for take-
off and landing. The second set of special conditions was modified to 
address airplanes with a maximum seating capacity of 110 passengers on 
the upper deck for take-off and landing. Special Conditions No. 25-326-
SC for the Airbus A380-800 allowed a seating capacity on two separate 
decks: The main deck with a maximum passenger capacity of 542 and the 
upper deck with a maximum passenger capacity of 308. Although these 
previously issued special conditions provided a starting point for 
developing the 747-8 special conditions, the 747-8 special conditions 
are specific to the unique aspects of this airplane's design.
    The upper deck of the 747-8 has one pair of exits at station 690, 
which is located approximately in the forward one-third of the upper 
deck passenger cabin. The stairway between the main deck and the upper 
deck is located in the aft end of the upper deck passenger compartment. 
Depending on the interior arrangement of the upper deck, access to the 
pair of exits on the upper deck can be reduced. This pair of exits 
could be rated as Type A, Type C, or Type I exits. These exit 
configurations and stairway evacuation route are not addressed in the 
regulations.
    Current regulations do not address the design of the emergency 
lighting system(s) for two-deck airplanes including the separation of 
the systems between the two decks and the operational requirements of 
the systems when considering a single transverse vertical separation of 
the fuselage during a crash landing.
    Additionally, with a two-deck airplane, there are concerns with 
communications between the two decks and between each deck and the 
flight deck.
    The FAA issued a set of special conditions for the 747-8, Special 
Conditions No. 25-430-SC, specifying the design requirements of the 
stairway connecting the main and upper decks, including structural 
design, placement within the airplane, lighting, and signage.
    The following special conditions address additional elements to 
support evacuation between decks of the 747-8 airplane in an in-flight 
emergency.

Applicability

    As discussed above, these special conditions are applicable to the 
Model 747-8. 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, the special conditions would apply to that 
model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on Model 747-8 airplanes. It is not a rule of general applicability.
    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 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 type certification basis for Boeing Model 747-8 airplanes.

1. Passenger Emergency Exits

    (a) The upper deck passenger occupancy is limited to 110 with one 
pair of Type A exits. If, due to the interior arrangement, the upper 
deck exits are rated as Type I, the upper deck passenger occupancy is 
limited to 45. If, due to the interior arrangement, the upper deck 
exits are rated as Type C, the upper deck passenger occupancy is 
limited to 55. The centerline of these exits is located at station 690 
on the upper deck.

2. Emergency Lighting System

    (a) The upper deck emergency lighting system power supplies must be 
independent of the main deck emergency lighting system power supplies.
    (b) The upper deck emergency lighting system must be designed so 
that, after any single transverse vertical separation of the fuselage 
during a crash landing, not more than 25 percent of all required 
electrically illuminated emergency lights in the upper deck are 
rendered inoperative, in addition to the upper deck emergency lights 
that are directly damaged by separation.

3. Inter-deck Communication

    (a) An intercom and a two-way alerting means between passenger 
decks and between each passenger deck and the flightdeck must be 
provided that meet the following requirements:
    (1) They must remain operable in the event of the loss of the main 
power supply.
    (2) They must be capable of providing crewmembers on all decks an 
immediate indication of emergency situation on any deck.

    Issued in Renton, Washington, on September 28, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-25504 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P