[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21110-21111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09173]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0341; Special Conditions No. 25-663-SC]


Special Conditions: AMAC Aerospace Switzerland AG, Boeing Model 
737-700 Airplane; Installation of a Therapeutic Oxygen System for 
Medical Use

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 737-
700 airplane, as modified by AMAC Aerospace Switzerland AG (AMAC). This 
airplane 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 the installation 
of a therapeutic oxygen system for medical use. 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: This action is effective on AMAC Aerospace Switzerland AG on May 
5, 2017. We must receive your comments by June 19, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0341 
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).
    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: Bob Hettman, FAA, Propulsion and 
Mechanical Systems, ANM-112, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone 425-227-2683; facsimile 425-227-1320.

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 
airplane.
    In addition, the substance of these special conditions has been 
previously subject to the public comment process with no substantive 
comments received. The FAA therefore finds it unnecessary to delay the 
effective date and 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 September 7, 2016, AMAC applied for a supplemental type 
certificate (STC) for the installation of a supplemental therapeutic 
oxygen system, for medical use, in a Boeing Model 737-700 airplane 
configured by a separate STC with a business-cabin interior. This 
Boeing Model 737-700 airplane, as modified by AMAC, is a narrow-body, 
business-cabin interior, twin jet-engine powered airplane with seating 
for 15 passengers, 1 cabin crewmember, and four flightcrew members. The 
maximum takeoff weight is 171,000 pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, AMAC must show that the Boeing Model 737-700 airplane, as 
changed, continues to meet the applicable provisions of the regulations 
listed in Type Certificate No. A16WE 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 737-700 airplane 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.

[[Page 21111]]

    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 737-700 airplane 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 737-700 airplane, as changed, will incorporate the 
following novel or unusual design features:
    The installation of a supplemental therapeutic oxygen system, for 
medical use, in a private, not-for-hire, not-for-common-carriage 
airplane.

Discussion

    AMAC has applied to modify a private business jet, a Boeing 737-700 
airplane, to include an oxygen supply for a dedicated medical-oxygen 
system. The gaseous passenger-oxygen system will be modified to include 
additional supply cylinders and several therapeutic oxygen outlets 
located throughout the airplane cabin. Each therapeutic outlet will 
provide a constant flow of oxygen at either 2 or 4 liters per minute.
    The flightcrew controls the flow of therapeutic oxygen at all times 
during flight. Therapeutic oxygen systems have been previously 
certified and were generally considered an extension of the passenger-
oxygen system for the purpose of defining the applicable regulations. 
As a result, the applicable regulations included those that applied to 
oxygen systems in general, or supplemental oxygen systems.
    Section 25.1445 includes standards for oxygen-distribution systems 
when oxygen is supplied to crew and passengers. If a common source of 
supply is used, Sec.  25.1445(a)(2) requires a means to separately 
reserve the minimum supply required for the flightcrew. This 
requirement was originally added to Civil Air Regulation (CAR) 4b.831 
at amendment 4b-13, effective September 21, 1949, and was included in 
Sec.  25.1445 when the regulations were codified.
    The regulation is intended to protect the flightcrew by ensuring 
that an adequate supply of oxygen is available to complete a descent 
and land following a loss of cabin pressure. When the regulation was 
written, the only passenger-oxygen system designs were supplemental-
oxygen systems intended to protect passengers from hypoxia in the event 
of cabin decompression. Present designs of passenger-oxygen systems do 
not include design features that allow the crew to offer oxygen to 
passengers during flight.
    Furthermore, the potential hazard that can exist when the oxygen 
content of an enclosed area becomes too high because of system leaks, 
malfunction, or damage from external sources, make it necessary to 
ensure that adequate safety standards are applied to the design and 
installation of the oxygen system. These potential hazards also 
necessitate development and application of appropriate additional 
design and installation standards.
    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 
Boeing Model 737-700 airplane. Should AMAC apply at a later date for a 
supplemental type certificate to modify any other model included on 
Type Certificate no. A16WE 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 of airplane. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of this 
feature on the airplane.
    The substance of these special conditions has been subject 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 Boeing Model 737-700 airplanes as 
modified by AMAC Aerospace Switzerland AG.
    The distribution system for the therapeutic-oxygen system must be 
designed and installed to meet requirements similar to Sec.  25.1445(a) 
as follows:
    When oxygen is supplied to passengers for both supplemental and 
therapeutic purposes, the distribution system must be designed for 
either--
    1. A source of supplemental supply for protection from hypoxia 
following a loss of cabin pressure, and a separate source for 
therapeutic purposes, or
    2. A common source of supply, with means to separately reserve the 
minimum supply required by the passengers for supplemental use 
following a loss of cabin pressure.

    Issued in Renton, Washington, on April 27, 2017.
Paul Bernado,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-09173 Filed 5-4-17; 8:45 am]
 BILLING CODE 4910-13-P