[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18701-18704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08973]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0152; Special Conditions No. 25-744-SC]


Special Conditions: Greenpoint Technologies, Inc., Boeing Model 
787-8 Airplane; Dynamic Test Requirements for Single-Occupant, Side-
Facing Seats With Airbag Devices in Shoulder Belts

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 787-8 
airplane. This airplane, as modified by Greenpoint Technologies, Inc. 
(Greenpoint), 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 single-
occupant, side-facing seats with airbag devices in shoulder belts, and 
a floor-level, leg-flail-prevention device to limit the axial rotation 
of the upper leg. 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 Greenpoint Technologies, Inc. on May 
2, 2019. Send comments on or before June 17, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2019-0152 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: Shannon Lennon, Airframe & 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 206-231-3209; email [email protected].

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because 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.

Background

    On June 15, 2017, Greenpoint applied for a supplemental type 
certificate for single-occupant, side-facing seats with airbag devices 
in shoulder belts, and a floor-level, leg-flail-prevention device to 
limit the axial rotation of the upper leg, installed in Boeing Model 
787-8 airplanes. The Boeing Model 787-8 airplane, which is a derivative 
of the Boeing Model 787 currently approved under Type Certificate No. 
T00021SE, is a twin-engine, transport-category airplane with a maximum 
takeoff weight of 502,500 pounds. The airplanes, as modified by 
Greenpoint, will have a business-jet interior with a maximum seating 
capacity of 41.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Greenpoint must show that the Boeing Model 787-8 airplane, 
as changed, continues to meet the applicable provisions of the 
regulations listed in Type Certificate No. T00021SE, 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 787-8 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 18702]]

    In addition to the applicable airworthiness regulations and special 
conditions, the Boeing Model 787-8 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 787-8 airplane, as modified by Greenpoint, will 
incorporate the following novel or unusual design features:
    Single-occupant, side-facing seats with airbag devices in shoulder 
belts.

Discussion

    Amendment 25-64, dated June 16, 1988, revised the emergency-landing 
conditions that must be considered in the design of the airplane. It 
revised the static-load conditions in Sec.  25.561 and added a new 
Sec.  25.562, requiring dynamic testing for all seats approved for 
occupancy during takeoff and landing. The intent was to provide an 
improved level of safety for occupants on transport-category airplanes. 
Because most seating on transport-category airplanes is forward-facing, 
the pass/fail criteria developed in Amendment 25-64 focused primarily 
on forward-facing seats. Therefore, the testing specified in the rule 
did not provide a complete measure of occupant injury in seats that are 
not forward-facing, although Sec.  25.785 does require occupants of all 
seats that are occupied during taxi, takeoff, and landing not suffer 
serious injury as a result of the inertia forces specified in 
Sec. Sec.  25.561 and 25.562.
    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 because we believed that those 
conditions provided the same level of safety as for forward- and aft-
facing seats.
    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 applicable to all fully side-
facing seats.
    On November 5, 2012, the FAA released 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 to establish a new set of proposed 
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 
Boeing Model 787-8 airplanes modified by Greenpoint. Should Greenpoint 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate No. T00021SE to incorporate 
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 airplanes. 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.

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 Boeing Model 787-8 airplanes modified 
by Greenpoint.
    In addition to the airworthiness standards in Sec. Sec.  25.562 and 
25.785, special conditions 1 and 2 apply to all side-facing seat 
installations, and special conditions 3 through 16 apply to side-facing 
seats equipped with an airbag system in the shoulder-belt system and an 
airbag system in the leg-flail arresting device.
    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 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. 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 conducted only to 
assess seat-strength requirements.

[[Page 18703]]

    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:
    i. ATD positioning--Lower the ATD vertically into the seat while 
simultaneously:
    1. 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.
    2. Applying a horizontal x-axis direction (in the ATD coordinate 
system) force of about 20 lb (89 N) to the bottom of the feet of the 
ES-2re Hybrid-II, to compress the seat back cushion.
    3. Keeping the lower and upper legs nearly horizontal by supporting 
at the bottom of the feet.
    ii. Once all lifting devices have been removed from the ATD:
    1. Rock it slightly to settle it in the seat.
    2. Bend the knees of the ATD.
    3. Separate the knees by about 4 inches (100 mm).
    4. 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).
    5. 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.
    6. Position the feet such that the centerlines of the lower legs 
are approximately parallel to a lateral vertical plane (in the airplane 
coordinate system).
    iii. 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.
    iv. 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:
    i. If inflatable shoulder and leg-flail restraint systems are used, 
they must be active during all dynamic tests conducted to show 
compliance with Sec.  25.562.
    ii. 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.
    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 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. The 
leg-flail-prevention mechanism must:
    i. Be shown to function as intended in consideration of post-
structural deformation of the seat assembly.
    ii. Retract such that it does not impede rapid egress of occupants.
    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 lbs (1,800 N).

[[Page 18704]]

    ii. The upper-neck compression force at the O.C. location must be 
less than 405 lbs (1,800 N).
    iii. The upper-neck bending torque about the ATD x-axis at the O.C. 
location must be less than 1,018 in-lbs (115 Nm).
    iv. The upper-neck resultant shear force at the O.C. location must 
be less than 186 lbs (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.
    3. For seats with a shoulder and leg-flail airbag system, the 
shoulder and leg-flail airbag system must 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 systems 
in the shoulder belts must provide a consistent approach to energy 
absorption throughout that range of occupants. At some buttock 
popliteal length and effective seat-bottom depth, the lower legs will 
not be able to form a 90-degree angle with the upper leg; at this 
point, the lower-leg flail would not occur. The leg-flail airbag system 
must provide a consistent approach to prevention of leg flail 
throughout that range of occupants whose lower legs can form a 90-
degree angle relative to the upper legs when seated upright in the 
seat. Items that need to be considered include, but are not limited to, 
the range of occupants' popliteal height, the range of occupants' 
buttock popliteal length, the design of the seat effective height above 
the floor, and the effective depth of the seat bottom cushion. 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.
    4. 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.
    5. 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.
    6. It must be shown that the shoulder and leg-flail airbag system 
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.
    7. Deployment of the shoulder and leg-flail airbag system 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.
    8. It must be shown that inadvertent deployment of the shoulder and 
leg-flail airbag system, 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. This also includes preventing 
inadvertent airbag deployment from a static discharge.
    9. If the airbag system is connected to the dynamic seat and must 
inflate through 9g static structure, then the static structure must not 
fail in such a way that it could impede egress or otherwise present a 
hazard to the occupants or to the airbag system.
    10. The shoulder and leg-flail airbag system must be protected from 
lightning and high-intensity radiated fields (HIRF). The threats to the 
airplane specified in existing regulations regarding lighting, Sec.  
25.1316, and HIRF, Sec.  25.1317, are incorporated by reference for the 
purpose of measuring lightning and HIRF protection.
    11. The shoulder and leg-flail airbag system must function properly 
after loss of normal airplane 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.
    12. It must be shown that the shoulder and leg-flail airbag system 
will not release hazardous quantities of gas, sharp injurious metal 
fragments, or particulate matter into the cabin.
    13. The shoulder and leg-flail airbag system installation must be 
protected from the effects of fire such that no hazard to occupants 
will result.
    14. A means must be available for a crewmember to verify the 
integrity of the shoulder and leg-flail airbag system 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 the airbag-system deployment) is a 
major-failure condition.
    15. 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).
    16. The shoulder and leg-flail airbag system, 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 April 23, 2019.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2019-08973 Filed 5-1-19; 8:45 am]
BILLING CODE 4910-13-P