[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53168-53171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22929]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2018-0714; Special Conditions No. 25-734-SC]


Special Conditions: Bombardier, Inc., BD-700-2A12 and BD-700-2A13 
Airplanes; Multiple-Place Side-Facing Seats With Active Leg-Flail 
Restraint Device and Shoulder-Belt Airbags

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 Bombardier, Inc., 
(Bombardier) BD-700-2A12 and BD-700-2A13 airplanes, marketed 
respectively as Global 7000 and Global 8000. These airplanes, as 
modified by Bombardier, 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 
multiple-place side-facing seats with active leg-flail restraint 
devices and shoulder-belt airbags. 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 Bombardier on October 22, 2018. Send 
comments on or before December 6, 2018.

ADDRESSES: Send comments identified by Docket No. FAA-2018-0714 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: Alan Sinclair, Airframe and Cabin 
Safety Section, AIR-675, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3215; 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

[[Page 53169]]

conditions based on the comments we receive.

Background

    On June 10, 2015, Bombardier applied for a supplemental type 
certificate for multiple-place side-facing seats equipped with active 
leg-flail restraint devices and shoulder-belt airbags in the Model BD-
700-2A12 and BD-700-2A13 airplanes.
    These airplanes are derivatives of the Model BD-700 series of 
airplanes and are marketed as the Bombardier Global 7000 (Model BD-700-
2A12) and Global 8000 (Model BD-700-2A13). These airplanes are twin-
engine, transport-category, executive-interior business jets. The 
maximum passenger capacity is 19 and the maximum takeoff weights are 
106,250 lb. (Model BD-700-2A12) and 104,800 lb. (Model BD-700-2A13).

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Bombardier must show that the Model BD-700-2A12 and BD-
700-2A13 airplanes, as changed, continue to meet the applicable 
provisions of the regulations listed in type certificate no. T00003NY 
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 Bombardier BD-700-2A12 and BD-700-
2A13 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 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 Bombardier Model BD-700-2A12 and BD-700-2A13 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 Bombardier Model BD-700-2A12 and BD-700-2A13 airplanes will 
incorporate the following novel or unusual design features:
    Multiple-place side-facing seats with active leg-flail restraint 
devices and shoulder-belt airbags.

Discussion

    Many proposed airplane interior configurations include multiple-
place side-facing seats and single-place side-facing seats (hereafter 
referred to as side-facing seats). Some of these side-facing seat 
designs include an airbag system in the shoulder belt, and some may 
also include leg-flail protection. The FAA has determined that the 
existing regulations do not provide adequate or appropriate safety 
standards for occupants of side facing seats. In addition, the FAA has 
determined that the existing regulations do not provide adequate or 
appropriate safety standards for the addition of airbag systems in the 
shoulder belt on side-facing seats.
    Side-facing seats are considered a novel design for transport-
category airplanes that include Sec.  25.562 in their certification 
basis. The performance measures of Sec.  25.562(c) only address 
forward- and aft-facing seats, and do not provide adequate or 
appropriate safety standards for occupants of side-facing seats because 
they do not consider the differences in the dynamic forces that apply 
to a side-facing occupant.
    The FAA issued Policy Statement PS-ANM-25-03-R1 to provide 
technical criteria for approving side-facing seats, to be issued as 
special conditions for the design approval of such seats. The technical 
criteria set forth in that policy are the result of FAA research 
findings and provide the level of safety envisioned in Sec.  25.562. 
These technical criteria are applicable to all fully side-facing seats, 
both multiple-place and single-place.
    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 
Bombardier BD-700-2A12 and BD-700-2A13 airplanes. Should Bombardier 
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 certain novel or unusual design features 
on the Bombardier BD-700-2A12 and BD-700-2A13 airplanes. 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 Bombardier BD-700-2A12 and BD-700-2A13 
airplanes as modified by Bombardier.
    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 contactable by the occupant (e.g., armrest, 
interior wall, or furnishing) 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 floor 
misalignment rotates the centerline of the seat place nearest the 
contactable item 8 degrees clockwise about the aircraft 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. 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 loading of the seat by the occupants, 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

[[Page 53170]]

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 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 which 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 inches (185 mm) above and 7.9 
inches (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.
    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:
    f. ATD positioning:
    i. Lower the ATD vertically into the seat while simultaneously:
    ii. 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.
    iii. 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.
    iv. Keeping the upper legs nearly horizontal by supporting them 
just behind the knees. Once all lifting devices have been removed from 
the ATD:
    1. Rock it slightly to settle it in the seat.
    2. Separate the knees by about 4 inches (100 mm).
    3. Set the ES-2re's head at approximately the midpoint of the 
available range of z-axis rotation (to align the head and torso 
midsagittal planes).
    4. Position the ES-2re'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.
    5. Position the feet such that the centerlines of the lower legs 
are approximately parallel to a lateral vertical plane (in the aircraft 
coordinate system).
    g. 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 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.
    h. 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 aircraft. 
The three abdominal-force sensors must be installed such that they are 
on the side of the ATD toward the front of the aircraft.
    2. 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.
    3. Restraint systems:
    a. If inflatable restraint systems are used, they must be active 
during all dynamic tests conducted to show compliance with Sec.  
25.562.
    b. The design and installation of seat-belt buckles must prevent 
unbuckling due to applied inertial forces or impact of the hands/arms 
of the occupant during an emergency landing.
    4. 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 inches (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 lbs (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 lbs (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 CFC 600 as 
defined in SAE J211:
    i. The upper-neck tension force at the occipital condyle (O.C.) 
location must be less than 405 lb (1,800 N).
    ii. The upper-neck compression force at the O.C. location must be 
less than 405 lb (1,800 N).
    iii. The upper-neck bending torque about the ATD x-axis at the O.C.

[[Page 53171]]

location must be less than 1,018 in-lb (115 Nm).
    iv. 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:
    i. 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.
    ii. Upper-torso support: The lateral flexion of the ATD torso must 
not exceed 40 degrees from the normal upright position during the 
impact.
    5. For seats with an airbag system in the shoulder belts, show that 
the airbag system in the shoulder belt will deploy and provide 
protection under crash conditions where it is necessary to prevent 
serious injury. The means of protection must take into consideration a 
range of stature from a 2-year-old child to a 95th percentile male. The 
airbag system in the shoulder belt must provide a consistent approach 
to energy absorption throughout that range of occupants. When the seat 
system includes an airbag system, that system must be included in each 
of the certification tests as it would be installed in the airplane. In 
addition, the following situations must be considered:
    a. The seat occupant is holding an infant.
    b. The seat occupant is a pregnant woman.
    6. The airbag system in the shoulder belt must provide adequate 
protection for each occupant regardless of the number of occupants of 
the seat assembly, considering that unoccupied seats may have an active 
airbag system in the shoulder belt.
    7. The design must prevent the airbag system in the shoulder belt 
from being either incorrectly buckled or incorrectly installed, such 
that the airbag system in the shoulder belt would not properly deploy. 
Alternatively, it must be shown that such deployment is not hazardous 
to the occupant, and will provide the required injury protection.
    8. It must be shown that the airbag system in the shoulder belt is 
not susceptible to inadvertent deployment as a result of wear and tear, 
or inertial loads resulting from in-flight or ground maneuvers 
(including gusts and hard landings), and other operating and 
environmental conditions (vibrations, moisture, etc.) likely to occur 
in service.
    9. Deployment of the airbag system in the shoulder belt must not 
introduce injury mechanisms to the seated occupant, or result in 
injuries that could impede rapid egress. This assessment should include 
an occupant whose belt is loosely fastened.
    10. It must be shown that inadvertent deployment of the airbag 
system in the shoulder belt, during the most critical part of the 
flight, will either meet the requirement of Sec.  25.1309(b) or not 
cause a hazard to the airplane or its occupants.
    11. It must be shown that the airbag system in the shoulder belt 
will not impede rapid egress of occupants 10 seconds after airbag 
deployment.
    12. The airbag system must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified 
in existing regulations regarding lightning, Sec.  25.1316, and HIRF, 
Sec.  25.1317, are incorporated by reference for the purpose of 
measuring lightning and HIRF protection.
    13. The airbag system in the shoulder belt must function properly 
after loss of normal aircraft electrical power, and after a transverse 
separation of the fuselage at the most critical location. A separation 
at the location of the airbag system in the shoulder belt does not have 
to be considered.
    14. It must be shown that the airbag system in the shoulder belt 
will not release hazardous quantities of gas or particulate matter into 
the cabin.
    15. The airbag system in the shoulder-belt installation must be 
protected from the effects of fire such that no hazard to occupants 
will result.
    16. A means must be available for a crewmember to verify the 
integrity of the airbag system in the shoulder-belt activation system 
prior to each flight, or it must be demonstrated to reliably operate 
between inspection intervals. The FAA considers that the loss of the 
airbag-system deployment function alone (i.e., independent of the 
conditional event that requires airbag deployment) is a major-failure 
condition.
    17. The inflatable material may not have an average burn rate of 
greater than 2.5 inches/minute when tested using the horizontal 
flammability test defined in part 25, appendix F, part I, paragraph 
(b)(5).
    18. The airbag system in the shoulder belt, once deployed, must not 
adversely affect the emergency-lighting system (i.e., block floor 
proximity lights to the extent that the lights no longer meet their 
intended function).

    Issued in Des Moines, Washington, on October 10, 2018.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2018-22929 Filed 10-19-18; 8:45 am]
 BILLING CODE 4910-13-P