[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35623-35628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16099]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules 
and Regulations  

[[Page 35623]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2017-0544; Special Conditions No. 25-692-SC]


Special Conditions: LifePort, Inc.: Boeing Model 747-8 Airplane; 
Single- and Multiple-Occupant Side-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 the Boeing Model 747-8 
airplane. This airplane, as modified by LifePort Inc. (LifePort), will 
have novel or unusual design features when compared to the state of 
technology envisioned in the airworthiness standards for transport-
category airplanes. These design features are single- and multiple-
occupant side-facing seats (i.e., seats positioned in the airplane with 
the occupant facing 90 degrees to the direction of airplane travel). 
The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for these design features. 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 LifePort on August 1, 2017. Send 
your comments by September 15, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0544 
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: Alan Sinclair, FAA, Airframe and Cabin 
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification 
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 
425-227-2195; 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 
published in the Federal Register for public comment in several prior 
instances with no substantive comments received. The FAA therefore 
finds good cause that prior public notice and comment are unnecessary 
and impracticable, 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 28, 2016, LifePort applied for a supplemental type 
certificate for single- and multiple-occupant side-facing seats in the 
Boeing Model 747-8 airplane. The Boeing Model 747-8 airplane is a wide-
body, four-engine, extended-range jet with a stretched upper deck. This 
airplane is configured as a private executive jet, not for hire, not 
for common carriage. The maximum takeoff weight is 987,331 pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, LifePort must show that the Boeing Model 747-8 airplane, 
as changed, continues to meet the applicable provisions of the 
regulations listed in Type Certificate No. A20WE 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 747-8 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.

[[Page 35624]]

    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 747-8 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 747-8 airplane, as modified by LifePort, will 
incorporate the following novel or unusual design features:
    Single- and multiple-occupant side-facing seats positioned in the 
airplane with the occupant facing 90 degrees to the direction of 
airplane travel.

Discussion

    Side-facing seats are considered a novel design for transport-
category airplanes that include Sec. Sec.  25.562 and 25.785 at 
Amendment 25-64 in their certification basis, and were not considered 
when those airworthiness standards were issued. The FAA has determined 
that the existing regulations do not provide adequate or appropriate 
safety standards for occupants of side-facing seats. To provide a level 
of safety that is equivalent to that afforded to occupants of forward- 
and aft-facing seats, additional airworthiness standards in the form of 
special conditions are necessary.
    On June 16, 1988, 14 CFR part 25 was amended by Amendment 25-64 to 
revise the emergency-landing conditions that must be considered in the 
design of transport-category airplanes. Amendment 25-64 revised the 
static-load conditions in Sec.  25.561, and added a new Sec.  25.562 
that required dynamic testing for all seats approved for occupancy 
during takeoff and landing. The intent of Amendment 25-64 was to 
provide an improved level of safety for occupants on transport-category 
airplanes. However, because most seating on transport-category 
airplanes is forward-facing, the pass/fail criteria developed in 
Amendment 25-64 focused primarily on these seats. For some time, the 
FAA granted exemptions for the multiple-place side-facing-seat 
installations because the existing test methods and acceptance criteria 
did not produce a level of safety equivalent to the level of safety 
provided for forward- and aft-facing seats. These exemptions were 
subject to many conditions that reflected the injury-evaluation 
criteria and mitigation strategies available at the time of the 
exemption issuance.
    The FAA also issued special conditions to address single-place 
side-facing seats based on the data available at the time the FAA 
issued those special conditions. Continuing concerns regarding the 
safety of side-facing seats prompted the FAA to conduct research to 
develop an acceptable method of compliance with Sec. Sec.  25.562 and 
25.785(b) for side-facing seat installations. That research has 
identified injury considerations and evaluation criteria in addition to 
those previously used to approve side-facing seats (see published 
report DOT/FAA/AR-09/41, July 2011).
    One particular concern that was identified during the FAA's 
research program, but not addressed in the previous special conditions, 
was the significant leg injuries that can occur to occupants of both 
single- and multiple-place side-facing seats. Because this type of 
injury does not occur on forward- and aft-facing seats, the FAA 
determined that, to achieve the level of safety envisioned in Amendment 
25-64, additional requirements would be needed as compared to 
previously issued special conditions. Nonetheless, the research has now 
allowed the development of a single set of special conditions that is 
applicable to all fully side-facing seats.
    On November 5, 2012, the FAA released policy statement PS-ANM-25-
03-R1, ``Technical Criteria for Approving Side-Facing Seats,'' to 
update existing FAA certification policy on Sec. Sec.  25.562 and 
25.785(a) at Amendment 25-64 for single- and multiple-place side-facing 
seats. This policy addresses both the technical criteria for approving 
side-facing seats and the implementation of those criteria. The FAA 
methodology detailed in PS-ANM-25-03-R1 has been used in establishing a 
new set of proposed special conditions. Some of the conditions issued 
for previous exemptions are still relevant and are included in these 
new special conditions. However, others have been replaced by different 
criteria that reflect current research findings.
    In Policy Statement PS-ANM-25-03-R1, conditions 1 and 2 are 
applicable to all side-facing seat installations, whereas conditions 3 
through 16 represent additional requirements applicable to side-facing 
seats equipped with an airbag system in the shoulder belt. Because the 
applicant's side-facing seats do not have airbag systems, only 
conditions 1 and 2 are applicable to, and included in, these 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 
Boeing Model 747-8 airplane as modified by LifePort. Should LifePort 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate no. A20WE 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 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 Special Conditions

0
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 747-8 airplanes modified 
by LifePort, Inc.
    1. Additional requirements applicable to tests or rational analysis 
conducted to show compliance with Sec. Sec.  25.562 and 25.785 for 
side-facing seats:
    a. The longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2), to show compliance with the seat-strength requirements of 
Sec.  25.562(c)(7) and (8) and these special conditions, must have an 
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572, subpart U) or 
equivalent, or a Hybrid II ATD (49 CFR part 572, subpart B as specified 
in Sec.  25.562) or equivalent, occupying each seat position and 
including all items (e.g., armrest, interior wall, or furnishing) 
contactable by the occupant if those items are necessary to restrain 
the occupant. If included, the floor representation and contactable 
items must be located such that their relative position, with respect 
to the center of the nearest seat place, is the same at the start of 
the test as before floor misalignment is applied. For example, if

[[Page 35625]]

floor misalignment rotates the centerline of the seat place nearest the 
contactable item 8 degrees clockwise about the airplane x-axis, then 
the item and floor representations must be rotated by 8 degrees 
clockwise also, to maintain the same relative position to the seat 
place, as shown in Figure 1. Each ATD's relative position to the seat 
after application of floor misalignment must be the same as before 
misalignment is applied. To ensure proper occupant seat loading, the 
ATD pelvis must remain supported by the seat pan, and the restraint 
system must remain on the pelvis and shoulder of the ATD until rebound 
begins. No injury-criteria evaluation is necessary for tests conducted 
only to assess seat-strength requirements.
    b. The longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2), to show compliance with the injury assessments required 
by Sec.  25.562(c) and these special conditions, may be conducted 
separately from the test(s) to show structural integrity. In this case, 
structural-assessment tests must be conducted as specified in paragraph 
1a, above, and the injury-assessment test must be conducted without yaw 
or floor misalignment. Injury assessments may be accomplished by 
testing with ES-2re ATD (49 CFR part 572, subpart U) or equivalent at 
all places. Alternatively, these assessments may be accomplished by 
multiple tests that use an ES-2re ATD at the seat place being 
evaluated, and a Hybrid II ATD (49 CFR part 572, subpart B, as 
specified in Sec.  25.562) or equivalent used in all seat places 
forward of the one being assessed, to evaluate occupant interaction. In 
this case, seat places aft of the one being assessed may be unoccupied. 
If a seat installation includes adjacent items that are contactable by 
the occupant, the injury potential of that contact must be assessed. To 
make this assessment, tests may be conducted that include the actual 
item, located and attached in a representative fashion. Alternatively, 
the injury potential may be assessed by a combination of tests with 
items having the same geometry as the actual item, but having stiffness 
characteristics that would create the worst case for injury (injuries 
due to both contact with the item and lack of support from the item).
    c. If a seat is installed aft of structure (e.g., an interior wall 
or furnishing) that does not have a homogeneous surface contactable by 
the occupant, additional analysis and/or test(s) may be required to 
demonstrate that the injury criteria are met for the area that an 
occupant could contact. For example, different yaw angles could result 
in different injury considerations and may require additional analysis 
or separate test(s) to evaluate.
    d. To accommodate a range of occupant heights (5th percentile 
female to 95th percentile male), the surface of items contactable by 
the occupant must be homogenous 7.3 in. (185 mm) above and 7.9 in. (200 
mm) below the point (center of area) that is contacted by the 50th 
percentile male size ATD's head during the longitudinal test(s) 
conducted in accordance with paragraphs a, b, and c, above. Otherwise, 
additional head-injury criteria (HIC) assessment tests may be 
necessary. Any surface (inflatable or otherwise) that provides support 
for the occupant of any seat place must provide that support in a 
consistent manner regardless of occupant stature. For example, if an 
inflatable shoulder belt is used to mitigate injury risk, then it must 
be demonstrated by inspection to bear against the range of occupants in 
a similar manner before and after inflation. Likewise, the means of 
limiting lower-leg flail must be demonstrated by inspection to provide 
protection for the range of occupants in a similar manner.

[[Page 35626]]

[GRAPHIC] [TIFF OMITTED] TR01AU17.010


[[Page 35627]]


    e. For longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2) and these special conditions, the ATDs must be positioned, 
clothed, and have lateral instrumentation configured as follows:
    (1) ATD positioning: Lower the ATD vertically into the seat while 
simultaneously (see Figure 2):
[GRAPHIC] [TIFF OMITTED] TR01AU17.011

    (a) Aligning the midsagittal plane (a vertical plane through the 
midline of the body; dividing the body into right and left halves) with 
approximately the middle of the seat place.
    (b) Applying a horizontal x-axis direction (in the ATD coordinate 
system) force of about 20 lb (89 N) to the torso at approximately the 
intersection of the midsagittal plane and the bottom rib of the ES-2re 
or lower sternum of the Hybrid II at the midsagittal plane, to compress 
the seat back cushion.
    (c) Keeping the upper legs nearly horizontal by supporting them 
just behind the knees.
    (d) After all lifting devices have been removed from the ATD:
    (i) Rock it slightly to settle it into the seat.
    (ii) Separate the knees by about 4 in. (100 mm).
    (iii) Set the ES-2re ATD's head at approximately the midpoint of 
the available range of z-axis rotation (to align the head and torso 
midsagittal planes).
    (iv) Position the ES-2re ATD's arms at the joint's mechanical 
detent that puts them at approximately a 40-degree angle with respect 
to the torso. Position the Hybrid II ATD hands on top of its upper 
legs.
    (v) Position the feet such that the centerlines of the lower legs 
are approximately parallel to a lateral vertical plane (in the airplane 
coordinate system).
    (2) ATD clothing: Clothe each ATD in form-fitting, mid-calf-length 
(minimum) pants and shoes (size 11E) weighing about 2.5 lb (1.1 Kg) 
total. The color of

[[Page 35628]]

the clothing should be in contrast to the color of the restraint 
system. The ES-2re jacket is sufficient for torso clothing, although a 
form-fitting shirt may be used in addition if desired.
    (3) ES-2re ATD lateral instrumentation: The rib-module linear 
slides are directional, i.e., deflection occurs in either a positive or 
negative ATD y-axis direction. The modules must be installed such that 
the moving end of the rib module is toward the front of the airplane. 
The three abdominal-force sensors must be installed such that they are 
on the side of the ATD toward the front of the airplane.
    f. The combined horizontal/vertical test, required by Sec.  
25.562(b)(1) and these special conditions, must be conducted with a 
Hybrid II ATD (49 CFR part 572, subpart B, as specified in Sec.  
25.562), or equivalent, occupying each seat position.
    g. Restraint systems:
    (1) If inflatable restraint systems are used, they must be active 
during all dynamic tests conducted to show compliance with Sec.  
25.562.
    (2) The design and installation of seatbelt buckles must prevent 
unbuckling due to applied inertial forces, or impact of the hands or 
arms of the occupant during an emergency landing.
    2. Additional performance measures applicable to tests and rational 
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785 
for side-facing seats:
    a. Body-to-body contact: Contact between the head, pelvis, torso, 
or shoulder area of one ATD with the adjacent-seated ATD's head, 
pelvis, torso, or shoulder area is not allowed. Contact during rebound 
is allowed.
    b. Thoracic: The deflection of any of the ES-2re ATD upper, middle, 
and lower ribs must not exceed 1.73 in. (44 mm). Data must be processed 
as defined in Federal Motor Vehicle Safety Standards (FMVSS) 571.214.
    c. Abdominal: The sum of the measured ES-2re ATD front, middle, and 
rear abdominal forces must not exceed 562 lb (2,500 N). Data must be 
processed as defined in FMVSS 571.214.
    d. Pelvic: The pubic symphysis force measured by the ES-2re ATD 
must not exceed 1,350 lb (6,000 N). Data must be processed as defined 
in FMVSS 571.214.
    e. Leg: Axial rotation of the upper-leg (femur) must be limited to 
35 degrees in either direction from the nominal seated position.
    f. Neck: As measured by the ES-2re ATD and filtered at Channel 
Frequency Class 600 as defined in SAE J211, ``Instrumentation for 
Impact Test--Part 1--Electronic Instrumentation.''
    (1) The upper-neck tension force at the occipital condyle (O.C.) 
location must be less than 405 lb (1,800 N).
    (2) The upper-neck compression force at the O.C. location must be 
less than 405 lb (1,800 N).
    (3) The upper-neck bending torque about the ATD x-axis at the O.C. 
location must be less than 1,018 in-lb (115 Nm).
    (4) The upper-neck resultant shear force at the O.C. location must 
be less than 186 lb (825 N).
    g. Occupant (ES-2re ATD) retention: The pelvic restraint must 
remain on the ES-2re ATD's pelvis during the impact and rebound phases 
of the test. The upper-torso restraint straps (if present) must remain 
on the ATD's shoulder during the impact.
    h. Occupant (ES-2re ATD) support:
    (1) Pelvis excursion: The load-bearing portion of the bottom of the 
ATD pelvis must not translate beyond the edges of its seat's bottom 
seat-cushion supporting structure.
    (2) Upper-torso support: The lateral flexion of the ATD torso must 
not exceed 40 degrees from the normal upright position during the 
impact.

    Issued in Renton, Washington, on July 13, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-16099 Filed 7-31-17; 8:45 am]
 BILLING CODE 4910-13-P