[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Proposed Rules]
[Pages 74350-74352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25810]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-8247; Notice No. 25-16-08-SC]


Special Conditions: Aerocon Engineering Company, Boeing Model 
777-200 Airplane; Access Hatch Installed Between the Cabin and the 
Class C Cargo Compartment To Allow In-Flight Access to the Cargo 
Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Boeing Model 
777-200 airplane. This airplane, as modified by Aerocon Engineering 
Company (Aerocon), 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 an 
access hatch, installed between the cabin and the Class C cargo 
compartment, to allow in-flight access to the Class C cargo 
compartment. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
proposed 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: Send your comments on or before December 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-8247 
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, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2785; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION:

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 June 26, 2015, Aerocon applied for a supplemental type 
certificate to install an access hatch between the cabin and

[[Page 74351]]

Class C cargo compartment in the Boeing Model 777-200 airplane. This 
airplane is a twin-engine, transport-category airplane with a VIP 
interior configuration. The Model 777-200 has a maximum passenger 
capacity of 440, and a maximum takeoff weight of 535,000 pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Aerocon must show that the Boeing Model 777-200 airplane, 
as changed, continues to meet the applicable provisions of the 
regulations listed in Type Certificate No. T00001SE, 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 Boeing Model 777-200 airplane 
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 applicant apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate 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 Boeing Model 777-200 airplane, as modified by Aerocon, 
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 Boeing Model 777-200 airplane, as modified by Aerocon, will 
incorporate the following novel or unusual design feature: An access 
hatch installed between the cabin and the Class C cargo compartment, to 
allow in-flight access to the Class C cargo compartment.

Discussion

    The VIP operator requests to have access to the aft lower-deck 
Class C cargo compartment on their Boeing Model 777-200 airplane to 
store trash during flight. The installation consists of an access hatch 
from the main passenger cabin, with an access ladder, and a trash 
container mounted on its own standard airliner pallet in the lower-deck 
Class C cargo compartment.
    The FAA considers that the access hatch may impact the isolation of 
the passenger cabin from the cargo compartment. Isolation is necessary 
to protect the passengers, as required by Sec.  25.857(c), from fire 
and smoke that may start within the cargo compartment. In addition, the 
in-flight access to the lower-deck Class C compartment creates unique 
hazards resulting from passengers having access to cargo and baggage in 
the compartment. These hazards include the safety of the persons 
entering the cargo compartment, possible hazards to the airplane as a 
result of the access, and security concerns with access to the checked 
baggage and cargo. The proposed special conditions defined herein 
provide additional requirements necessary to ensure sufficient cabin 
isolation from fire and smoke in this unusual design configuration, and 
for passenger safety while occupying the Class C compartment.
    The current rules relating to Class C cargo compartments do not 
address provisions for in-flight accessibility. The intent of the Class 
C cargo compartment was that it be a self-contained and isolated 
compartment intended to carry baggage and cargo, but not intended for 
human habitation. The FAA gave no consideration to an in-flight-
accessible Class C cargo compartment when the classification was first 
developed, as no manufacturer had ever incorporated such a feature into 
their design. Inherently, a ``cargo compartment'' was not intended for 
in-flight access, especially by the traveling public. An allowance has 
been made specifically for crew access into a Class B cargo compartment 
for the express purpose of firefighting. Access into a cargo 
compartment carries with it an increased level of risk to the occupant 
entering the compartment, and to the airplane, as baggage or cargo 
could shift, a decompression could occur in the compartment, or a fire 
could develop during flight.
    The FAA has determined that the existing airworthiness standards do 
not contain adequate or appropriate safety standards relative to 
passenger access to cargo compartments. As a result, special conditions 
are the appropriate means to address this and all future in-flight-
accessible Class C cargo compartments.
    Based upon the above discussion, the cargo-compartment isolation 
criterion is the main concern related to the access-hatch design, which 
is intended to be installed between the cabin and the Class C cargo 
compartment.
    These proposed 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 proposed special conditions are 
applicable to the Boeing Model 777-200 airplane modified by Aerocon. 
Should Aerocon apply at a later date for a supplemental type 
certificate to modify any other model included on Type Certificate No. 
T00001SE to incorporate the same novel or unusual design feature, these 
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of airplane. It is not a rule of general 
applicability and affects only the applicant who applied to the FAA for 
approval of these features on the airplane.

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 Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Boeing Model 777-200 airplanes modified by Aerocon.
    1. The flight deck must contain an indicator to advise the 
flightcrew when the access hatch is opened.
    2. One cabin crewmember must be present to monitor the hatch from 
the main cabin when another cabin crewmember is using the access hatch 
to access the aft lower-deck Class C cargo compartment. This access-
hatch procedure must be included in the Cabin Crew Operating Manual.
    3. Means must be provided to keep the access hatch open while the 
aft lower-deck Class C cargo compartment is occupied during flight.
    4. Access to the aft lower-deck Class C cargo compartment or using 
the access hatch is not allowed during:
    a. Taxi, takeoff, and landing,
    b. when the fasten-seat-belt sign is illuminated,

[[Page 74352]]

    c. in the event of emergency not limited to smoke and fire detected 
in the cargo compartment.
    5. A placard stating, ``Do Not Enter During Taxi, Takeoff, Landing, 
or Emergency'' (or similar wording) must be located outside of, and on 
or near the access hatch of, the aft lower-deck Class C cargo 
compartment.
    6. The airplane must be operated as private, not for hire, not for 
common carriage. This provision does not preclude the operator from 
receiving remuneration to the extent consistent with 14 CFR parts 125 
and 91, subpart F, as applicable.
    7. Use of the access hatch, and access to the aft Class C cargo 
compartment, is limited to the crew only. A placard stating, ``Crew 
Only Access'' must be located outside of, and on or near the access 
hatch of, the aft lower-deck Class C cargo compartment.
    8. The Airplane Flight Manual must instruct the crew to close the 
access hatch when crew are not accessing the aft lower-deck Class C 
cargo compartment.
    9. Special conditions 4, 6, and 7 must be documented in the 
Limitations section of the Airplane Flight Manual.

    Note: The airplane owner or operator must contact the Transport 
Security Administration (TSA) prior to operating within United 
States airspace to ensure that this design, and related operational 
procedures, comply with TSA requirements.


    Issued in Renton, Washington, on October 14, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-25810 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-13-P