[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67623-67626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27937]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3368; Special Conditions No. 25-603-SC]


Special Conditions: Embraer Model EMB-545 and EMB-550 Airplanes; 
Occupant Protection For Side-Facing Seats Forward of Aft-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for Embraer Model EMB-545 
and EMB-550 airplanes. These airplanes will have a novel or unusual 
design feature associated with a seat configuration of side-facing 
seats positioned forward of aft-facing seats, and with a structural 
armrest between the side-facing and aft-facing seats. 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 November 3, 
2015. We must receive your comments by December 18, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3368 
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.

[[Page 67624]]

     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 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: 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 
airplane. 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 will consider all comments we receive by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On October 14, 2010, Embraer S.A. applied for an amendment to type 
certificate no. TC00062IB to include the new Embraer Model EMB-545 
airplane. These special conditions allow installation of side-facing 
seats forward of aft-facing seats in Embraer Model EMB-545 and EMB-550 
airplanes.
    The Embraer Model EMB-545 airplane is a derivative of the Model 
EMB-550 airplane currently approved under type certificate no. 
TC00062IB. As compared to the Model EMB-550, the Model EMB-545 fuselage 
is one meter shorter. The Model EMB-545 airplane is designed for an 
eight-passenger configuration and a maximum of nine passengers 
(including lavatory seat).

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Embraer must show that the 
Model EMB-545 and EMB-550 airplanes meet the applicable provisions of 
the regulations listed in type certificate no. TC00062IB, or the 
applicable regulations in effect on the date of application for the 
change, except for earlier amendments as agreed upon by the FAA. The 
regulations listed in the type certificate are commonly referred to as 
the ``original type certification basis.'' The regulations incorporated 
by reference in type certificate no. TC00062IB are as follows:
    Title 14, Code of Federal Regulations part 25, effective February 
1, 1965, including Amendments 25-1 through 25-129, in their entirety. 
In addition, the certification basis includes certain special 
conditions, exemptions, or later amended sections of the applicable 
part that are not relevant to these special conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for Embraer Model EMB-545 and EMB-550 
airplanes because of a novel or unusual design feature, special 
conditions are prescribed under 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 feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, Embraer Model EMB-545 and EMB-550 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.

Novel or Unusual Design Features

    Embraer Model EMB-545 and EMB-550 airplanes will incorporate the 
following novel or unusual design feature: Side-facing seats installed 
forward of aft-facing seats.

Discussion

    This issuance of special conditions for side-facing seats installed 
forward of aft-facing seats requires dynamic seat testing. Such tests 
are required of all applicants who plan to install side-facing and 
oblique seating in passenger airplanes.

[[Page 67625]]

[GRAPHIC] [TIFF OMITTED] TR03NO15.244

    The intent of the dynamic seat testing is to evaluate airplane 
seats, restraints, and related interior systems to demonstrate their 
structural strength and their ability to protect an occupant from 
serious injuries in a survivable crash. The current regulations (14 CFR 
25.561, 25.562, and 25.785) address occupant-injury protection for 
forward- and aft-facing seats. The FAA has issued special conditions 
no. 25-495-SC for Embraer Model EMB-545 and EMB-550 airplanes to 
address the additional occupant-injury protection concerns raised by 
for side-facing seats. However, the aft occupant of the side-facing 
seat (see Figure 1 in these special conditions) may interact with the 
aft-facing seat, a scenario that the regulations do not specifically 
address.
    The aft-facing seat back could deform during the dynamic-test 
event, and could contact the occupant in the aft side-facing seat. The 
point that the seat back contacts the occupant could be in an area of 
the body that has no defined, acceptable, injury-evaluation method, 
such as the shoulder. This type of contact is addressed in the above-
mentioned side-facing-seat special conditions, which prohibit body-to-
body contact.
    The applicant proposed installing a structural armrest between the 
side-facing seat and the aft-facing seat to help prevent contact 
between the aft-facing seat and the aft occupant of the side-facing 
seat. The FAA believes that this contact would be likely to occur if 
the structural armrest failed to perform as intended in an emergency 
landing. Therefore, the purpose of these special conditions is to 
define the specific structural requirements of the proposed structural 
armrest, and the additional requirements necessary to protect the 
seated occupant from both the side-facing seat and the adjacent aft-
facing seat.
    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.

Applicability

    These special conditions are applicable to Embraer Model EMB-545 
and EMB-550 airplanes. Should Embraer apply at a later date for a 
change to the type certificate to include another model that 
incorporates the same novel or unusual design feature, or should any 
other model already included on the same type certificate be modified 
to incorporate the same novel or unusual design feature, these special 
conditions would apply to the other model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on Embraer Model EMB-545 and EMB-550 airplanes. It is not a rule of 
general applicability, and it affects only those airplanes listed on 
amended type certificate no. TC00062IB.

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 Embraer Model EMB-545 and EMB-550 
airplanes with side-facing seats installed forward of aft-facing seats.
    The applicant must propose a certification strategy for the 
structural armrest. This strategy must address the structural integrity 
of the structural armrest, and occupant protection, after a survivable 
crash. The strategy must define how the applicant will ensure that the 
installation, when deformed due to the application of static, dynamic, 
and interaction (with aft-facing seat) loads, and while complying with 
the applicable 14 CFR 25.561 and 25.562 requirements:
    1. The proposed structural armrest will not touch the side-facing 
seat's aft occupant, and the occupant will not act as an ``human 
cushion;''
    2. The backrest of the aft-facing seat will not touch the side-
facing seat's aft occupant;
    3. The proposed structural armrest will not impose loads to the 
side-facing seat structure, and;
    4. The seat back of the aft-facing seat will not, as a result of 
contact with the structural armrest, result in damage or deformation of 
the seat back that could be injurious to the occupant of the aft-facing 
seat.
    In addition, the applicant must:
    1. Test the structural armrest with pitch and roll of the seat 
track to ensure that the armrest continues to protect the occupant of 
the side-facing seat.
    2. Conduct at least two 16G forward-structural tests with the 
combination of the side-facing seat, structural armrest, and the aft-
facing seat. For these tests, the applicant must account for all 
structural requirements and post-test conditions.
    3. Document any load sharing between the side-facing seat, 
structural armrest, and the aft-facing seat.

[[Page 67626]]

    4. Address the worst-case floor deformation that:
    a. Produces the maximum load into the structural armrest. This 
includes the load caused by the floor deformation and the load from the 
aft-facing seat back.
    b. allows the aft-facing seat back the most forward dynamic 
deformation in the area of the side-facing seat's aft occupant. No 
contact between the aft-facing seat and the side-facing seat aft 
occupant is acceptable.

    Issued in Renton, Washington, on October 27, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-27937 Filed 11-2-15; 8:45 am]
 BILLING CODE 4910-13-P