[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49871-49873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17846]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-8246; Special Conditions No. 25-624-SC]


Special Conditions: ATR Model ATR-42-200/-300/-320/-500 and ATR-
72-102/-202/-212/-212A 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 ATR Model ATR-42-200/-
300/-320/-500 and ATR-72-102/-202/-212/-212A airplanes. These airplanes 
will have a novel or unusual design feature when compared to the state 
of technology envisioned in the airworthiness standards for transport-
category airplanes. This design feature is seats with non-traditional, 
large, non-metallic panels. 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.

[[Page 49872]]


DATES: This action is effective on ATR on July 29, 2016. We must 
receive your comments by September 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-8246 
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 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: John Shelden, Airframe and Cabin 
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
425-227-2785; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval, and thus delivery, of the affected 
airplanes.
    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 by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On March 2, 2016, ATR applied for a change to type certificate no. 
A53EU for the installation of seats constructed of non-traditional, 
non-metallic materials in the Model ATR-42-200/-300/-320/-500, and ATR-
72-102/-202/-212/-212A airplanes.
    The Model ATR-42/-72 series airplanes are twin-engine, 
turbopropeller-powered, transport-category airplanes with maximum 
passenger capacity up to 74, depending upon airplane model.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, ATR must show that the Model ATR-42-200/-300/-320/-500 and 
ATR-72-102/-202/-212/-212A airplanes, as changed, continue to meet the 
applicable provisions of the regulations listed in type certificate no. 
A53EU, or the applicable regulations in effect on the date of 
application for the change, except for earlier amendments as agreed 
upon by the FAA.
    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 ATR-42-200/-300/-320/-500 
and ATR-72-102/-202/-212/-212A 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 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, the Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-
212/-212A 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

    The Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A 
airplanes will incorporate the following novel or unusual design 
feature:
    Passenger seats that incorporate non-traditional, large, non-
metallic panels in lieu of the traditional metal frame covered by 
fabric.

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'' at Amendment 25-61 and 
Amendment 25-66) extend survival time by approximately 2 minutes over 
materials that do not comply.
    At the time these standards were written, the potential application 
of the requirements of seat heat release and smoke emission was 
explored. The seat frame itself was not a concern because it was 
primarily made of aluminum and only small amounts of non-metallic 
materials. Research determined that the overall effect on survivability 
was negligible, whether or not the food trays met the heat-release and 
smoke-emission requirements. The requirements therefore did not address 
seats. The preambles to both the Notice of Proposed Rule Making (NPRM), 
Notice No. 85-10 (50 FR 15038, April 16, 1985), and the Final Rule at 
Amendment 25-61 (51 FR 26206, July

[[Page 49873]]

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 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 
one square foot or less may be considered small enough that they do not 
have to meet the new standards. Components with exposed surface areas 
greater than two square feet may be considered large enough that they 
do have to meet the new standards. Those with exposed surface areas 
greater than one square foot, but less than two square feet, 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 (http://rgl.faa.gov). 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 of 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 FAA 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. The 
FAA has determined that special conditions would be issued to apply the 
standards defined in 14 CFR 25.853(d) to seats with large, non-metallic 
panels in their design. Traditional seat panels would not be covered by 
the special conditions.
    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

    As discussed above, these special conditions are applicable to the 
Model ATR-42-200/-300/-320/-500 and ATR-72-102/-202/-212/-212A 
airplanes. Should ATR apply at a later date for a change to the type 
certificate to include another model incorporating the same novel or 
unusual design feature, these special conditions would apply to that 
model as well. These special conditions apply to new seat-certification 
programs. Previously approved seats are not affected by these special 
conditions.

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, 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 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 ATR Model ATR-42-200/-300/-320/-500 
and ATR-72-102/-202/-212/-212A airplanes for new seat-certification 
programs.
    1. Compliance with 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 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 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 sq. ft.; middle, 1 sq. ft.; 
and inboard, 2.5 sq. ft.)
    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 
airplanes:
    a. With passenger capacities of 19 or fewer;
    b. that do not have smoke-emission and heat-release test 
requirements in their certification basis, and that are not required by 
14 CFR 121.312 to conduct such tests; or
    c. that are exempted from smoke-emission and heat-release testing.

    Issued in Renton, Washington, on July 21, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-17846 Filed 7-28-16; 8:45 am]
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