[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76734-76736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30234]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-1051; Notice No. 25-512-SC]


Special Conditions: Bombardier Inc., Models BD-500-1A10 and BD-
500-1A11 Series Airplanes; Seats With Non-Traditional, Large, Non-
Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Bombardier Inc. 
Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes 
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 December 19, 
2013. We must receive your comments by February 3, 2014.

ADDRESSES: Send comments identified by docket number FAA-2013-1051 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airplane and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone 425-227-2195; facsimile 425-227-1149.

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 
publication in the Federal Register.

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 will consider all comments we receive on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On December 10, 2009, Bombardier Inc. applied for a type 
certificate for their new Models BD-500-1A10 and BD-500-1A11 series 
airplanes (hereafter collectively referred to as ``C-series.'' The C-
series airplanes are swept-wing monoplanes with a pressurized cabin. 
They share an identical supplier base and significant common design 
elements. The fuselage is aluminum alloy material, blended double-
bubble fuselage, sized for nominal 5-abreast seating. Each airplane's 
powerplant consists of two under wing Pratt and Whitney PW1524G ultra-
high bypass, geared turbofan engines. Flight controls are fly-by-wire 
flight with two passive/uncoupled side sticks. Avionics includes five 
landscape primary cockpit displays. The dimension of the airplanes 
encompass a wingspan of 115 feet; a height of 37.75 feet; and a length 
of 114.75 feet for the Model BD-500-1A10 and a length of 127 feet for 
the Model BD-500-1A11. Passenger capacity is designated as 110 for the 
Model BD-500-1A10 and 125 for the Model BD-500-1A11. Maximum takeoff 
weight is 131,000 pounds for the Model BD-500-1A10 and 144,000 pounds 
for the Model BD-500-1A11. Maximum takeoff thrust is 21,000 pounds for 
the

[[Page 76735]]

Model BD-500-1A10 and 23,300 pounds for the Model BD-500-1A11. Range is 
3,394 miles (5,463 kilometers) for both models of airplanes. Maximum 
operating altitude is 41,000 feet for both model airplanes.
    The interior arrangements of the C-series airplanes will include 
passenger and cabin crew seats in the passenger cabin that incorporate 
non-traditional, large, non-metallic panels in lieu of traditional 
metal frame and foam/fabric components.
    The applicable airworthiness regulations, 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 established by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the 
standards of 14 CFR, part 25, appendix F, parts IV and V, heat release 
and smoke emission requirements.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Bombardier Inc. must show 
that the C-series airplanes meet the applicable provisions of 14 CFR 
part 25 as amended by Amendments 25-1 through 25-129 thereto.
    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 C-series airplanes 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 or similar 
novel or unusual design feature, the special conditions would also 
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the C-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, and the FAA must issue a 
finding of regulatory adequacy under Sec.  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).

Novel or Unusual Design Features

    The C-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 the cabin in the case 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 in their designs. In order to provide a 
level of safety that is equivalent to that afforded to 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 panel, in this case, is defined as a panel 
with exposed-surface areas greater than 1.5 ft\2\ 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, 
credenzas and associated furniture. Examples of traditional, exempted 
parts of the seat include: Arm caps, armrest close-outs such as end 
bays and center consoles, food trays, 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 the special conditions. These 
materials must still comply with Sec.  25.853(a) and (c) if used as a 
covering for a seat cushion or Sec.  25.853(a) if installed elsewhere 
on the seat. Large non-metallic panels covered with traditional fabrics 
or leathers will be tested without their coverings.

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, the FAA adopted new standards 
for interior surfaces associated with large 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. Materials that comply with the standards 
(i.e., Sec.  25.853 Compartment interiors, as amended by Amendment 25-
61 and Amendment 25-66) extend survival time by approximately two 
minutes over materials that do not comply.
    At the time these standards were written, the potential application 
of the requirements of heat release and smoke emission to seats was 
explored. The seat frame itself was not a concern because it was 
primarily made of aluminum, and there were only small amounts of non-
metallic materials. It was determined that the overall effect on 
survivability was negligible, whether or not the food trays met the 
heat release and smoke requirements. The requirements therefore did not 
address seats. The preambles to both the Notice of Proposed Rule 
Making, Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final 
Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note 
that seats were excluded ``because the recently-adopted standards for 
flammability of seat cushions will greatly inhibit involvement of the 
seats.''
    Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 
6, 1995) clarified the definition of

[[Page 76736]]

minimum panel size: ``It is not possible to cite a specific size that 
will apply in all installations; however, as a general rule, components 
with exposed-surface areas of 1 ft\2\ or less may be considered small 
enough that they do not have to meet the new standards. Components with 
exposed surface areas greater than 2 ft\2\ may be considered large 
enough that they do have to meet the new standards. Those with exposed-
surface areas greater than 1 ft\2\, but less than 2 ft\2\, must be 
considered in conjunction with the areas of the cabin in which they are 
installed before a determination could be made.''
    In the late 1990s, the FAA issued Policy Memorandum 97-112-39, 
Guidance for Flammability Testing of Seat/Console Installations, 
October 17, 1997. That memo was issued 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, comparable to partitions or galleys. The 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 policy, seat designs could have been 
viewed as a loophole to the airworthiness standards that would result 
in an unacceptable decrease in survivability during a cabin fire event.
    In October 2004, an issue was raised regarding the appropriate 
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional 
metal covered by fabric. The Seattle Aircraft Certification Office and 
Transport Standards Staff reviewed this design and determined that it 
represented the kind and quantity of material that should be required 
to pass the heat release and smoke emissions requirements. We have 
determined that special conditions would be promulgated to apply the 
standards defined in Sec.  25.853(d) to seats with large, non-metallic 
panels in their design.

Applicability

    As discussed above, these special conditions are applicable to the 
Bombardier Models BD-500-1A10 and BD-500-1A11 series airplanes. Should 
Bombardier Inc. 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 two model series of 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, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon publication in the Federal Register. 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

    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 the Bombardier Inc. Models BD-500-1A10 
and BD-500-1A11 series airplanes.

Seats With Non-Traditional, Large, Non-Metallic Panels

    1. Compliance with Title 14 CFR part 25, appendix F, parts IV and 
V, heat release and smoke emission, is required for seats that 
incorporate non-traditional, large non-metallic panels that may either 
be a single component or multiple components in a concentrated area in 
their design.
    2. The applicant may designate up to and including 1.5 ft\2\ of 
non-traditional, non-metallic panel material per seat place that does 
not have to comply with No. 1. A triple seat assembly may have a total 
of 4.5 ft\2\ excluded on any portion of the assembly (e.g., outboard 
seat place 1 ft\2\, middle 1 ft\2\, and inboard 2.5 ft\2\).
    3. Seats need not meet the test requirements of 14 CFR 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 smoke and heat release in their 
certification basis and do not need to comply with the requirements of 
14 CFR 121.312; and
    c. Airplanes exempted from smoke and heat release requirements.
    4. Only airplanes associated with new seat certification programs 
approved after the effective date of these special conditions will be 
affected by the requirements in these special conditions. Previously 
certificated interiors on the existing airplane fleet and follow-on 
deliveries of airplanes with previously certificated interiors are not 
affected.

    Issued in Renton, Washington, on December 11, 2013.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-30234 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P