[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53166-53168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22922]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0932; Special Conditions No. 25-733-SC]


Special Conditions: Mitsubishi Aircraft Corporation Model MRJ-200 
Airplane; Passenger 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 the Mitsubishi 
Aircraft Corporation Model MRJ-200 airplane. This airplane 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 include passenger seats that 
incorporate non-traditional, large, non-metallic panels in lieu of the 
traditional metal frame covered by fabric. 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 Mitsubishi Aircraft Corporation on 
October 22, 2018. Send comments on or before December 6, 2018.

ADDRESSES: Send comments identified by Docket No. FAA-2018-0932 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 website, 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: Nicholas Wilson, International 
Section, AIR-676, Transport Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3230; email [email protected].

SUPPLEMENTARY INFORMATION: 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 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.

[[Page 53167]]

Background

    On August 19, 2009, Mitsubishi Aircraft Corporation applied for a 
type certificate for their new Model MRJ-200 airplane. The Mitsubishi 
Aircraft Corporation Model MRJ-200 airplane is a low-wing, 
conventional-tail design with two wing-mounted turbofan engines. The 
primary structure is metal with an aluminum wing and composite 
empennage. The airplane is equipped with an electronic flight control 
system. The airplane has seating for 96 passengers and a maximum 
takeoff weight of 98,800 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.17, Mitsubishi Aircraft Corporation must show that the Model 
MRJ-200 airplane meets the applicable provisions of part 25, as amended 
by amendments 25-1 through 25-141; part 36, as amended by amendments 
36-1 through 36-30; and part 34, as amended by amendments 34-1 through 
the amendment effective at the time of design approval.
    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 Mitsubishi Aircraft Corporation 
Model MRJ-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 type certificate for that model be amended 
later to include any other model that incorporates 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 Mitsubishi Aircraft Corporation Model MRJ-200 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.  21.17(a)(2).

Novel or Unusual Design Features

    The Mitsubishi Aircraft Corporation Model MRJ-200 airplane will 
incorporate the following novel or unusual design features:
    Passenger seats that incorporate non-traditional, large, non-
metallic panels in lieu of the traditional metal frame covered by 
fabric.

Definition of ``Non-Traditional, Large, Non-Metallic Panel''

    A non-traditional, large, non-metallic panel, in this case, is 
defined as a panel with exposed surface areas greater than 1.5 square 
feet installed per seat place. The panel may consist of either a single 
component or multiple components in a concentrated area. Examples of 
parts of the seat where these non-traditional panels are installed 
include, but are not limited to: seat backs, bottoms and leg/foot 
rests, kick panels, back shells, credenzas and associated furniture. 
Examples of traditional exempted parts of the seat include: arm caps, 
armrest close-outs such as end bays and armrest-styled center consoles, 
food trays, video monitors and shrouds.

Clarification of ``Exposed''

    ``Exposed'' includes those panels directly exposed to the passenger 
cabin in the traditional sense, plus those panels enveloped such as by 
a dress cover. Traditional fabrics or leathers currently used on seats 
are excluded from these special conditions. These materials must still 
comply with 14 CFR 25.853(a) and (c) if used as a covering for a seat 
cushion, or 14 CFR 25.853(a) if installed elsewhere on the seat. Non-
traditional, large, non-metallic panels covered with traditional 
fabrics or leathers will be tested without their coverings or covering 
attachments.

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, as amended by amendment 25-
61 and amendment 25-66) extend survival time by approximately two 
minutes over materials that do not comply.
    At the time these standards were written, the potential application 
of the requirements of heat release and smoke emission to seats was 
explored. The seat frame itself was not a concern because it was 
primarily made of aluminum and there were only small amounts of non-
metallic materials. It was determined that the overall effect on 
survivability was negligible, whether or not the food trays met the 
heat release and smoke requirements. The requirements, therefore, did 
not address seats. The preambles to both the Notice of Proposed 
Rulemaking, Notice No. 85-10, 50 FR 15038, April 16, 1985, and the 
Final Rule, amendment 25-61, 51 FR 26206, July 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, amendment 25-83, 60 FR 6615, March 6, 
1995, clarified the definition of minimum panel size by stating that 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.
    The FAA issued Policy Statement PS-ANM100-97-112-39, Guidance for 
Flammability Testing of Seat/Console Installations, on October 17, 1997 
(http://rgl.faa.gov). That document 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 document 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 determined that special conditions 
would be promulgated to apply the standards defined in 14 CFR 25.853(d) 
to seats with large, non-metallic panels in their design.
    These special conditions contain the additional safety standards 
that the Administrator considers necessary to establish a level of 
safety equivalent to

[[Page 53168]]

that established by the existing airworthiness standards.

Applicability

    As discussed above, these special conditions are applicable to the 
Mitsubishi Aircraft Corporation Model MRJ-200 airplane. Should 
Mitsubishi Aircraft Corporation 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.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplane. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 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 Mitsubishi Aircraft Company Model MRJ-
200 airplanes.
    1. Except as provided in paragraph 3 of these special conditions, 
compliance with 14 CFR part 25, appendix F, part IV, Heat Release and 
part V, Smoke Emission, is required for seats that incorporate non-
traditional, large, non-metallic panels that may either be a single 
component or multiple components in a concentrated area in their 
design.
    2. The applicant may designate up to and including 0.139 square 
meter (1.5 square feet of non-traditional, non-metallic panel material 
per seat place that does not have to comply with paragraph 1 of these 
special conditions. A double seat assembly may have a total of 0.278 
square meter (3.0 square feet) excluded on any portion of the assembly 
(e.g., outboard seat place 0.093 square meter [1 square foot] and 
inboard 0.185 square meter [2.0 square feet]).
    3. Seats do not have to meet the test requirements of 14 CFR part 
25, appendix F, parts IV and V, when installed in compartments defined 
in 14 CFR 25.853(e).

    Issued in Des Moines, Washington, on October 16, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-22922 Filed 10-19-18; 8:45 am]
 BILLING CODE 4910-13-P