[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39100-39108]
[FR Doc No: 2020-12701]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-1054; Notice No. 25-20-07-SC]

Special Conditions: Boeing Commercial Airplanes Model 777-9
Airplane; Overhead Flightcrew Rest Compartment Occupiable During Taxi,
Takeoff, and Landing

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

-----------------------------------------------------------------------

SUMMARY: This action proposes special conditions for the Boeing
Commercial Airplanes (Boeing) Model 777-9 airplane. 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 an overhead flightcrew rest
(OFCR) compartment occupiable during taxi, takeoff, and landing (TT&L).
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These proposed
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: Send comments on or before August 14, 2020.

ADDRESSES: Send comments identified by Docket No. FAA-2019-1054 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<PHONE_NUMBER>.
    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 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<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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.
    The FAA will consider all comments received by the closing date for
comments. The FAA may change these special conditions based on the
comments received.

Background

    On December 6, 2013, Boeing applied for an amendment to Type
Certificate No. T00001SE to include the new 777-9 airplane. The
application date was extended to March 30, 2016, at Boeing's request.
The Boeing Model 777-9 airplane, which is a derivative of the Boeing
Model 777 airplane currently approved under Type Certificate No.
T00001SE, is a twin-engine, transport-category airplane with seating
for 495 passengers, and a maximum takeoff weight of 775,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Boeing must show that the 777-9 airplane, as changed,
continues to meet the applicable provisions of the regulations listed
in Type Certificate No. T00001SE, 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 (e.g., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-9 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, or should any other model already included on
the same type certificate be modified 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 777-9 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 777-9 airplane will incorporate the following
novel or unusual design features:
    An overhead flightcrew rest (OFCR) compartment occupiable during
taxi, takeoff, and landing.

Discussion

    Crew rest compartments have been previously installed and
certificated on several Boeing airplane models in locations such as in
the main passenger seating area, the overhead space above the main
passenger-cabin seating area, and below the passenger-cabin seating
area within the cargo compartment. In each case, the Administrator
determined that the applicable regulations (i.e., 14 CFR part 25) did
not provide all of the necessary requirements, because each
installation had unique features by virtue of its design, location, and
use on the airplane.
    For Boeing Model 777 airplanes, the FAA issued Special Conditions
No. 25-260-SC, dated April 14, 2004, for OFCR compartments allowed to
be occupied during TT&L, as well as during flight. However, after
issuance of Special Conditions No. 25-260-SC, the FAA issued Special
Conditions No. 25-418-SC for the Boeing Model 787-8 airplane, for the
same novel design feature, with changes to better address oxygen
systems and fire suppressors. Those special conditions reflected the
methodology necessary to provide an equivalent level of safety for
remote OFCR compartments. Therefore, new special conditions are
proposed for this design feature on Boeing Model 777-9 airplanes, in
lieu of Special Conditions No. 25-260-SC.
    For the Boeing Model 777-9 airplane, the OFCR compartment is
located in the overhead space above the main passenger-cabin seating
area immediately aft of the first pair of main-deck emergency exits
(Door 1). The compartment includes two private berths and up to two
seats. Occupancy of the compartment will be limited to a maximum of
four trained crewmembers during flight, and two trained flightcrew
members, one in each seat, during TT&L. The compartment will be
accessed from the main deck by stairs through a vestibule. In addition,
a secondary evacuation route, which opens directly into the main
passenger seating area, will be available as an alternate route for
evacuating occupants of the compartment. A smoke-detection system and
an oxygen system will be provided in the compartment. Other optional
features, such as a sink with cold-drink stowage or a lavatory, may be
provided as well.
    This Boeing Model 777-9 airplane OFCR compartment is novel or
unusual to part 25 due to its design, location, and use on the
airplane. This compartment is particularly novel or unusual in that it
is located in the overhead area of the passenger

compartment, and will be occupied by trained flightcrew during TT&L.
Due to the novel or unusual features associated with the installation
of this compartment, special conditions are considered necessary to
provide a level of safety equal to that established by the
airworthiness regulations.
    The proposed 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.

Operational Evaluations and Approval

    These special conditions establish requirements for OFCR-
compartment design approvals administered by the FAA's Aircraft
Certification Service. Before operational use of an OFCR compartment,
the FAA's Flight Standards Service must evaluate and approve the
``basic suitability'' of the compartment for crew occupation.
Additionally, if an operator wishes to use an OFCR compartment as
``sleeping quarters,'' the compartment must undergo an additional
evaluation and approval (reference 14 CFR 121.485(a), 121.523(b), and
135.269(b)(5)). Compliance with these special conditions does not
ensure that the applicant has demonstrated compliance with the
requirements of parts 121 or 135.
    To obtain an operational evaluation, the type certificate holder
must contact the appropriate aircraft evaluation group (AEG) in the
Flight Standards Service and request a ``basic suitability'' evaluation
or a ``sleeping quarters'' evaluation of its OFCR compartment. The
results of these evaluations should be documented in a Boeing Model
777-9 airplane flight standardization board (FSB) report appendix.
Individual operators may reference these standardized evaluations in
discussions with their FAA principal operating inspector as the basis
for an operational approval, in lieu of an on-site operational
evaluation.
    Any changes to the approved OFCR compartment configuration that
affect crewmember emergency egress, or any other procedures affecting
safety of the occupying crewmembers or related emergency training, will
require re-evaluation and approval. The applicant for an OFCR
compartment design change that affects egress, safety procedures, or
training is responsible for notifying the FAA's AEG that a new
compartment evaluation is required. The results of a reevaluation
should also be documented in a Boeing Model 777-9 airplane FSB report
appendix.
    Procedures must be developed to ensure that a crewmember, acting as
firefighter, when entering the OFCR compartment through the stairway or
vestibule to fight a fire, will examine the stairway or vestibule, and
the adjacent galley or lavatory areas (if installed), for the source of
the fire before entering the remaining areas of the compartment. This
is intended to ensure that the source of the fire is not between the
crewmember and the entrance to the OFCR compartment. If a fire source
is not immediately evident to the firefighter, the firefighter should
check for potential fire sources at areas closest to the OFCR
compartment entrance first, then proceed to check areas in such a
manner that the fire source, when found, will not be between the
firefighter and their means of escape from the compartment. Procedures
describing methods for searching the OFCR compartment for fire
source(s) must be transmitted to operators for incorporation into their
training programs and appropriate operational manuals.

Rescue-Crew Training Materials

    Installation of an OFCR compartment that can be occupied during
TT&L by flightcrew is unusual. Appropriate information must be provided
to airport fire-rescue personnel so that they understand that this
remote compartment may be occupied during an emergency landing. The
applicant must provide rescue-crew training materials to the local FAA
Airports Division, Safety and Standards Branch, to address this issue.
The FAA Airports Division, Safety and Standards Branch, will ensure
that these materials are distributed to appropriate airports, domestic
and foreign. Special conditions are not considered appropriate to
address this issue.

Discussion of the Special Conditions

    These special conditions apply to OFCR compartments that are
occupiable during TT&L and are installed immediately aft of the Door 1
exits on Boeing Model 777-9 airplanes. These special conditions for
Boeing Model 777-9 airplanes supplement 14 CFR part 25. Except as noted
below, these special conditions for Boeing Model 777-9 airplanes are
identical to Boeing Model 777 airplane Special Conditions No. 25-260-
SC.
    Conditions 6 and 16 contain requirements for the exit signs that
must be provided in the OFCR compartment. Symbols that satisfy the
equivalent-level-of-safety finding established for Boeing Model 777-9
airplanes may be used in lieu of the text required by Sec.
25.812(b)(1)(i). The FAA expects that the meaning of any symbolic exit
sign will be reinforced as a part of crewmember training in evacuation
procedures.
    Condition 15 contains requirements for supplemental oxygen systems.
Earlier Special Conditions No. 25-260-SC for Boeing Model 777-9
airplanes required that each berth be equipped with two oxygen masks.
This was intended to address the case where a person not in a berth was
moving around within the flightcrew rest compartment and needed quick
access to an oxygen mask. For Boeing Model 777-9 airplanes, the
requirement to have two masks per berth may not always meet the
objective of having masks available to persons who are in transition
within the compartment. Therefore, the wording of this condition has
been modified to better state the objective, rather than specifying a
two-masks-per-berth requirement. In addition, the requirement to have
adequate illumination to retrieve an oxygen mask, while implied
previously, is made explicit in these special conditions.
    Condition 18 contains the requirements for materials used in the
construction of the OFCR compartment. Special Conditions No. 25-260-SC
stated that Sec.  25.853, as amended by Amendment 25-83, is the
appropriate regulation. Section 25.853 has since been further amended,
and these special conditions reference the latest amendment level for
Sec.  25.853, Amendment 25-116.
    Compliance with these special conditions does not relieve the
applicant from the existing airplane certification-basis requirements.
One particular area of concern is that installation of OFCR
compartments changes the compartment volume in the overhead area of the
airplane. The applicant must comply with the pressurized compartment
loads requirements of Sec.  25.365(e), (f), and (g) for the OFCR
compartment, as well as for any other airplane compartments the
decompression characteristics of which are affected by the installation
of an OFCR compartment.
    Compliance with Sec.  25.813, emergency-exit access requirements,
must be demonstrated for all phases of flight during which occupants
will be present.
    The configuration includes a seat installed adjacent to the OFCR
compartment exit, with the compartment occupiable during TT&L. Note
that the emergency-landing conditions requirements of Sec. Sec.
25.561(d) and 25.562(c)(8) apply to this

configuration. Deformations resulting from required static and dynamic
structural tests must not impede rapid evacuation of the OFCR
compartment occupants. Seat deformations must not prevent opening of
the secondary escape hatch or rapid evacuation through the secondary
escape route.
    Section 25.785(h)(2) mandates that the flight attendant seats
required by the operating rules be located in a position that provides
a direct view of the cabin area for which the flight attendant is
responsible. Because the OFCR compartment will be occupied only by
trained crewmembers, the FAA does not consider this requirement
applicable to the seating area in the OFCR compartment.
    Section 25.787(a) requires each stowage compartment in the
passenger cabin, except for underseat and overhead stowage compartments
for passenger convenience, to be completely enclosed. This requirement
does not apply to the flight deck, because flightcrew members must be
able to quickly access items to better perform their duties. Flightcrew
members occupying the OFCR compartment will not be performing flight-
deck duties however. Therefore, stowage compartments in the OFCR
compartment, except for underseat compartments for occupant
convenience, should be completely enclosed. This will provide occupants
of the OFCR compartment a similar level of safety to that provided to
passengers on the main deck. Condition 20 contains this requirement.
    Section 25.811(c) requires that means be provided to assist
occupants in locating the exits in conditions of dense smoke. Section
25.812(e) requires floor-proximity emergency-escape path marking to
provide guidance for passengers when all sources of illumination above
4 feet from the cabin aisle floor are totally obscured. The FAA
considers that the current OFCR compartment design is sufficient in
regard to these regulations. The two OFCR compartment seats are only a
couple of steps away from the stairway, and when a trained flightcrew
member is at the top of the stairway, the stairway itself will guide
them to the main deck. When the crewmember is on the main deck, floor
proximity lighting and exit-marker signs, which are less than 4 feet
above the floor, are provided.
    Section 25.813(e) prohibits installation of interior doors between
passenger compartments, but the FAA has historically found flightcrew
rest-compartment doors to be acceptable, because flightcrew rest
compartments are not passenger compartments. Conditions 2 and 16
provide requirements for flightcrew rest-compartment doors, conditions
that are considered to provide an appropriate level of safety to OFCR
compartment occupants.
    Sections 25.1443, 25.1445, and 25.1447 describe oxygen requirements
for flightcrew, passengers, and cabin attendants. Flightcrew members
occupying the OFCR compartment are not on duty, and therefore are
considered passengers in determining compliance with these oxygen
regulations.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 777-9 airplane.

Conclusion

    This action affects only a certain novel or unusual design feature
on one airplane model. 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 Proposed Special Conditions

0
Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Boeing Model 777-9 airplanes with an OFCR compartment installed
adjacent to, or immediately aft of, the first pair of exits (Door 1).
    1. During flight, occupancy of the OFCR compartment is limited to
the total number of installed bunks and seats in the compartment, and
that are approved to the maximum flight-loading conditions. During
TT&L, occupancy of the OFCR compartment is limited to the total number
of installed seats approved for the flight- and ground-load conditions,
and emergency-landing conditions. Therefore, the OFCR compartment is
limited to a maximum of four crewmembers during flight, and two
flightcrew members during TT&L.
    a. Appropriate placards must be located inside and outside each
entrance to the OFCR compartment to indicate:
    i. Occupancy is limited to flightcrew members (pilots) during TT&L.
    ii. The maximum number of crewmembers allowed during flight, and
the maximum number of flightcrew members allowed during TT&L.
    iii. Occupancy is restricted to crewmembers the pilot in command
has determined to be both trained in the emergency procedures for the
OFCR compartment and able to rapidly use the evacuation routes.
    iv. Smoking is prohibited in the OFCR compartment.
    v. Stowage in the OFCR compartment area is limited to crew personal
luggage. The stowage of cargo or passenger baggage is not allowed.
    b. At least one ashtray must be located on both the inside and the
outside of any entrance to the OFCR compartment.
    c. A limitation in the airplane flight manual must restrict
occupancy to crewmembers the pilot in command has determined to be both
trained in the emergency procedures for the OFCR compartment and able
to rapidly use the evacuation routes of the OFCR compartment.
    2. The following requirements are applicable to OFCR compartment
door(s):
    a. A means must be provided for any door installed between the OFCR
compartment and the passenger cabin to be quickly opened from inside
the OFCR compartment, even when crowding from an emergency evacuation
occurs at each side of the door.
    b. Doors installed across emergency egress routes must have a means
to latch them in the open position. The latching means must be able to
withstand the loads imposed upon it when the door is subjected to the
ultimate inertia forces, relative to the surrounding structure, listed
in Sec.  25.561(b).
    c. A placard must be displayed in a conspicuous place on the
outside of the entrance door of the OFCR compartment, and on any other
door(s) installed across emergency egress routes of the OFCR
compartment, requiring those doors to be latched open when the OFCR
compartment is occupied during TT&L.
    i. This requirement does not apply to emergency-escape hatches
installed in the floor of the OFCR compartment.
    ii. A placard must be displayed in a conspicuous place on the
outside of the entrance door to the OFCR compartment, and that requires
the compartment door to be closed and locked when it is not occupied.
    iii. Procedures for meeting these requirements must be transmitted
to the operator for incorporation into its training programs and
appropriate operational manuals.
    d. For all doors installed in the OFCR compartment, a means must be
provided to prevent anyone from being

trapped inside the OFCR compartment. If a locking mechanism is
installed, it must be capable of being unlocked from the outside
without the aid of special tools. The lock must not prevent opening
from the inside of the OFCR compartment at any time.
    3. In addition to the requirements of Sec.  25.562 for seats that
are occupiable during takeoff and landing, and restraint systems, the
OFCR compartment structure must be compatible with the loads imposed by
the seats as a result of the conditions specified in Sec.  25.562(b).
    4. At least two emergency evacuation routes must be available for
use by each occupant of the OFCR compartment to rapidly evacuate to the
main cabin. These evacuation routes must be able to be closed from the
main passenger cabin after evacuation. In addition:
    a. The routes must be located with sufficient separation within the
OFCR compartment to minimize the possibility of an event either inside
or outside of the OFCR compartment rendering both routes inoperative.
    Compliance with requirements of Condition 4.a. of these special
conditions may be shown by inspection or by analysis. Regardless of
which method is used, the maximum acceptable distance between OFCR
compartment exits is 60 feet.

Compliance by Inspection

    Inspection may be used to show compliance with Condition 4.a. of
these special conditions. An inspection finding that an OFCR
compartment has evacuation routes located so that each occupant of the
seats and berths has an unobstructed route to at least one of the OFCR
compartment exits, regardless of the location of a fire, would be
reason for a finding of compliance. Because a berth is required to have
two separate exits, a fire within a berth that blocks an occupant of
that berth from only one exit or the other need not be considered.
Therefore, OFCR compartment exits that are located at opposite ends
(i.e., adjacent to opposite end walls) of the OFCR compartment would
require no further review or analysis with regard to exit separation.

Compliance by Analysis

    Analysis must show that the OFCR compartment configuration and
interior features allow all occupants of the OFCR compartment to escape
the compartment in the event of a hazard inside or outside of the
compartment. Elements to consider in this evaluation are as follows:
    i. Fire inside or outside the OFCR compartment, considered
separately, and the design elements used to reduce the available fuel
for the fire.
    ii. Design elements used to reduce fire-ignition sources in the
OFCR compartment.
    iii. Distribution and quantity of emergency equipment within the
OFCR compartment.
    iv. Structural failure or deformation of components that could
block access to the available evacuation routes (e.g., seats, folding
berths, contents of stowage compartments, etc.).
    v. An incapacitated person blocking the evacuation routes.
    vi. Any other foreseeable hazard not identified above that could
cause the evacuation routes to be compromised.
    Analysis must consider design features affecting access to the
evacuation routes. Possibilities for design components affecting
evacuation that should be considered include, but are not limited to,
seat deformations (reference Sec. Sec.  25.561(d) and 25.562(c)(8)),
seat-back break-over, rigid structure that reduces access from one part
of the compartment to another, and items known to be the cause of
potential hazards. Factors that also should be considered are
availability of emergency equipment to address fire hazards;
availability of communications equipment; supplemental restraint
devices to retain items of mass that, if broken loose, could hinder
evacuation; and load-path isolation between components containing
evacuation routes.
    Analysis of fire threats should be used in determining placement of
required fire extinguishers and protective breathing equipment (PBE).
This analysis should consider the possibility of fire in any location
in the OFCR compartment. The location and quantity of PBE equipment and
fire extinguishers should allow occupants located in any approved seats
or berths access to the equipment necessary to fight a fire in the OFCR
compartment.
    The intent of this condition is to provide sufficient exit-route
separation. Therefore, the exit-separation analysis described above
should not be used to approve OFCR-compartment exits that have less
physical separation (measured between the centroid of each exit
opening) than the minimums prescribed below, unless compensating
features are identified and submitted to the FAA for evaluation and
approval.
    For an OFCR compartment with one exit located near the forward or
aft end of the compartment (as measured by having the centroid of the
exit opening within 20 percent of the forward or aft end of the total
OFCR-compartment length), the exit separation from one exit to the
other should not be less than 50 percent of the total OFCR compartment
length.
    For OFCR compartments with neither required OFCR compartment exit
located near the forward or aft end of the compartment (as measured by
not having the centroid of either exit opening within 20 percent of the
forward or aft end of the total OFCR compartment length), the exit
separation from one exit to the other should not be less than 30
percent of the total OFCR-compartment length.
    b. The evacuation routes must be designed to minimize the
possibility of blockage, which might result from fire, mechanical or
structural failure, or persons standing below or against the OFCR-
compartment exits. One of the two OFCR-compartment exits should not be
located where normal movement or evacuation by passengers occurs (main
aisle, cross aisle, or galley complex, for example) that would impede
egress from the OFCR compartment. If an evacuation route is in an area
where normal movement or evacuation of passengers occurs, it must be
demonstrated that passengers would not impede egress to the main deck.
If low headroom is at or near the evacuation route, provisions must be
made to prevent or to protect occupants of the OFCR compartment from
head injury. Use of evacuation routes must not depend on any powered
device. If an OFCR-compartment exit is over an area of passenger seats,
a maximum of five passengers may be displaced from their seats
temporarily during the process of evacuating an incapacitated
person(s). If such an evacuation procedure involves the evacuee
stepping on seats, the seats must not be damaged to the extent that
they would not be acceptable for occupancy during an emergency landing.
    c. Emergency evacuation procedures, including procedures for
emergency evacuation of an incapacitated occupant from the OFCR
compartment, must be established. The applicant must transmit all of
these procedures to the operator for incorporation into its training
programs and appropriate operational manuals.
    d. A limitation must be included in the airplane flight manual or
other suitable means to require that crewmembers are trained in the use
of the OFCR-compartment evacuation routes. This training must instruct
crew to ensure that the OFCR compartment (including seats, doors, etc.)
is in its proper TT&L configuration during TT&L.
    e. In the event no flight attendant is present in the area around
the door to

the OFCR compartment, and also during an emergency, including an
emergency evacuation, a means must be available to prevent passengers
on the main deck from entering the OFCR compartment.
    f. Doors or hatches separating the OFCR compartment from the main
deck must not adversely affect evacuation of occupants on the main deck
(slowing evacuation by encroaching into aisles, for example) or cause
injury to those occupants during opening or while opened.
    g. The means of opening doors and hatches to the OFCR compartment
must be simple and obvious. The OFCR compartment doors and hatches must
be able to be closed from the main passenger cabin.
    5. A means must be available for evacuating an incapacitated
person, representative of a 95th percentile male, from the OFCR
compartment to the passenger cabin floor. Such an evacuation must be
demonstrated for all evacuation routes. A crewmember (a total of one
assistant within the OFCR compartment) may provide assistance in the
evacuation. Additional assistance may be provided by up to three
persons in the main passenger compartment. These additional assistants
must be standing on the floor while providing assistance. For
evacuation routes with stairways, the additional assistants may ascend
up to one half the elevation change from the main deck to the OFCR
compartment, or to the first landing, whichever is lower.
    6. The following signs and placards must be provided in the OFCR
compartment and they must meet the following criteria:
    a. At least one exit sign, located near each OFCR compartment exit,
meeting the emergency lighting requirements of Sec.  25.812(b)(1)(i).
One allowable exception would be a sign with reduced background area of
no less than 5.3 square inches (excluding the letters), provided that
it is installed so that the material surrounding the exit sign is light
in color (white, cream, light beige, for example). If the material
surrounding the exit sign is not light in color, a sign with a minimum
of a one-inch-wide background border around the letters would be
acceptable. Another allowable exception is a sign with a symbol that
the FAA has determined to be equivalent for use as an exit sign in an
OFCR compartment.
    b. An appropriate placard located conspicuously on or near each
OFCR-compartment door or hatch that defines the location and the
operating instructions for access to and operation of the door or
hatch.
    c. Placards must be readable from a distance of 30 inches under
emergency lighting conditions.
    d. The door or hatch handles, and operating-instruction placards
required by Condition 6.b. of these special conditions, must be
illuminated to at least 160 microlamberts under emergency lighting
conditions.
    7. A means must be available, in the event of failure of the
airplane main power system, or of the normal OFCR-compartment lighting
system, for emergency illumination to be automatically provided for the
OFCR compartment.
    a. This emergency illumination must be powered independently of the
main lighting system.
    b. The sources of general cabin illumination may be common to both
the emergency and the main lighting systems if the power supply to the
emergency lighting system is independent of the power supply to the
main lighting system.
    c. The illumination level must be sufficient to allow occupants of
the OFCR compartment to locate and move to the main passenger cabin
floor by means of each evacuation route.
    d. The illumination level must be sufficient, with the privacy
curtains in the closed position, for each occupant of the OFCR
compartment to locate a deployed oxygen mask.
    8. A means must be available for two-way voice communications
between crewmembers on the flight deck and occupants of the OFCR
compartment. Two-way communications must also be available between
occupants of the OFCR compartment and each flight attendant station in
the passenger cabin that is required, per Sec.  25.1423(g), to have a
public-address-system microphone. In addition, the public-address
system must include provisions to provide only the relevant information
to the crewmembers in the OFCR compartment (e.g., fire in flight,
aircraft depressurization, preparation of the compartment for landing,
etc.). That is, provisions must be made so that occupants of the OFCR
compartment will not be disturbed with normal, non-emergency
announcements made to the passenger cabin.
    9. A means must be available for manual activation of an aural
emergency-alarm system, audible during normal and emergency conditions,
to enable crewmembers on the flight deck and at each pair of required
floor-level emergency exits to alert occupants of the OFCR compartment
of an emergency situation. Use of a public address or crew interphone
system will be acceptable, provided an adequate means of
differentiating between normal and emergency communications is
incorporated. The system must be powered in flight, after the shutdown
or failure of all engines and auxiliary power units, for a period of at
least ten minutes.
    10. A means, readily detectable by seated or standing occupants of
the OFCR compartment, must be in place to indicate when seat belts
should be fastened. Seatbelt-type restraints must be provided for
berths and must be compatible with the sleeping position during cruise
conditions. A placard on each berth must require that these restraints
be fastened when occupied. If compliance with any of the other
requirements of these special conditions is predicated on specific head
position, a placard must identify that head position.
    11. Protective breathing equipment must be provided in accordance
with Sec.  25.1439, except that in lieu of a device for each
crewmember, the following must be provided: Two PBE devices approved to
Technical Standard Order (TSO)-C116 or equivalent, suitable for
firefighting, or one PBE for each hand-held fire extinguisher,
whichever is greater. The following equipment must also be provided in
the OFCR compartment:
    a. At least one approved hand-held fire extinguisher appropriate
for the kinds of fires likely to occur.
    b. One flashlight.
    Note: Additional PBE devices and fire extinguishers in specific
locations, beyond the minimum numbers prescribed in Condition 11 of
these special conditions, may be required as a result of the egress
analysis accomplished to satisfy Condition 4.a. of these special
conditions.
    12. A smoke- or fire-detection system (or systems) must be provided
that monitors each occupiable space within the OFCR compartment,
including those areas partitioned by curtains or doors. Flight tests
must be conducted to show compliance with this requirement. If a fire
occurs, each system (or systems) must provide:
    a. A visual indication to the flight deck within one minute after
the start of a fire.
    b. An aural warning in the OFCR compartment.
    c. A warning in the main passenger cabin. This warning must be
readily detectable by a flight attendant, taking into consideration the
locations of flight attendants throughout the main passenger
compartment during various phases of flight.
    13. A means to fight a fire must be provided. This can be either a
built-in

extinguishing system or a manual, hand-held extinguishing system.
    a. For a built-in extinguishing system:
    i. The system must have adequate capacity to suppress a fire
considering the fire threat, volume of the compartment, and the
ventilation rate. The system must have sufficient extinguishing agent
to provide an initial knockdown and suppression environment per the
minimum performance standards that have been established for the agent
being used. In addition, certification flight testing will verify the
acceptable duration that the suppression environment can be maintained.
    ii. If the capacity of the extinguishing system does not provide
effective fire suppression that will last for the duration of flight
from the farthest point in route to the nearest suitable landing site
expected in service, an additional manual firefighting procedure must
be established. For the built-in extinguishing system, the time
duration for effective fire suppression must be established and
documented in the firefighting procedures in the airplane flight
manual. If the duration of time for demonstrated effective fire
suppression provided by the built-in extinguishing agent will be
exceeded, the firefighting procedures must instruct the crew to:
    1. Enter the OFCR compartment at the time that demonstrated fire
suppression effectiveness will be exceeded.
    2. Check for and extinguish any residual fire.
    3. Confirm that the fire is out.
    b. For a manual, hand-held extinguishing system (designed as the
sole means to fight a fire or to supplement a built-in extinguishing
system of limited suppression duration) for the OFCR compartment:
    i. A limitation must be included in the airplane flight manual or
other suitable means requiring that crewmembers be trained in the
firefighting procedures.
    ii. The OFCR compartment design must allow crewmembers equipped for
firefighting to have unrestricted access to all parts of the OFCR
compartment.
    iii. The time for a crewmember on the main deck to react to the
fire alarm, don the firefighting equipment, and gain access to the OFCR
compartment must not exceed the time it would take for the compartment
to become filled with smoke, thus making it difficult to locate the
fire source.
    iv. Approved procedures describing methods for searching the OFCR
compartment for fire source(s) must be established. These procedures
must be transmitted to the operator for incorporation into its training
programs and appropriate operational manuals.
    14. A means must be provided to prevent hazardous quantities of
smoke or extinguishing agent originating in the OFCR compartment from
entering any other occupiable compartment.
    a. Small quantities of smoke may penetrate from the OFCR
compartment into other occupied areas during the one-minute smoke-
detection time.
    b. A provision in the firefighting procedures must ensure that all
doors and hatches at the OFCR compartment are closed after evacuation
of the compartment and during firefighting to minimize smoke and
extinguishing agent entering other occupiable compartments.
    c. All smoke entering any occupiable compartment when access to the
OFCR compartment is open for evacuation must dissipate within five
minutes after the access to the OFCR compartment is closed.
    d. Hazardous quantities of smoke may not enter any occupied
compartment during access to manually fight a fire in the OFCR
compartment. The amount of smoke entrained by a firefighter exiting the
OFCR compartment is not considered hazardous.
    e. Flight tests must be conducted to show compliance with this
requirement.
    15. A supplemental oxygen system within the OFCR compartment must
provide the following:
    a. At least one mask for each seat and berth in the OFCR
compartment.
    b. If a destination area (such as a changing area) is provided in
the OFCR compartment, an oxygen mask must be readily available for each
occupant who can reasonably be expected to be in the destination area
(with the maximum number of required masks within the destination area
being limited to the placarded maximum occupancy of the OFCR
compartment).
    c. An oxygen mask must be readily accessible to each occupant who
can reasonably be expected to be moving from the main cabin into the
OFCR compartment, moving around within the OFCR compartment, or moving
from the OFCR compartment to the main cabin.
    d. The system must provide an aural and visual alert to warn
occupants of the OFCR compartment to don oxygen masks in the event of
decompression. The aural and visual alerts must activate concurrently
with deployment of the oxygen masks in the passenger cabin. To
compensate for sleeping occupants, the aural alert must be heard in
each section of the OFCR compartment and must sound continuously for a
minimum of 5 minutes or until a reset switch within the OFCR
compartment is activated. A visual alert that informs occupants that
they must don an oxygen mask must be visible in each section.
    e. A means must be in place by which oxygen masks can be manually
deployed from the flight deck.
    f. Approved procedures must be established for OFCR occupants in
the event of decompression. These procedures must be transmitted to the
operator for incorporation into its training programs and appropriate
operational manuals.
    g. The supplemental oxygen system for the OFCR compartment must
meet the same 14 CFR part 25 regulations as the supplemental oxygen
system for the passenger cabin occupants, except for the 10 percent
additional masks requirement of 14 CFR 25.1447(c)(1).
    h. The illumination level of the normal OFCR-compartment lighting
system must automatically be sufficient for each occupant of the
compartment to locate a deployed oxygen mask.
    16. The following additional requirements apply to OFCR
compartments that are divided into several sections by the installation
of curtains or partitions:
    a. A placard is required adjacent to each curtain that visually
divides or separates, for example, for privacy purposes, the OFCR
compartment into multiple sections. The placard must require that the
curtain(s) remains open when the section it creates is unoccupied. The
vestibule section adjacent to the stairway is not considered a private
section and, therefore, does not require a placard.
    b. For each section of the OFCR compartment created by the
installation of a curtain, the following requirements of these special
conditions must be met with the curtain open or closed:
    i. No-smoking placard requirement (Condition 1).
    ii. Emergency illumination requirement (Condition 7).
    iii. Emergency alarm-system requirement (Condition 9).
    iv. Seatbelt-fasten signal or return-to-seat signal as applicable
requirement (Condition 10).
    v. Smoke- or fire-detection system requirement (Condition 12).
    vi. Oxygen-system requirement (Condition 15).
    c. OFCR compartments that are visually divided to the extent that
evacuation could be adversely affected must have exit signs directing
occupants to the exit at the primary stairway. The exit signs must be
provided in each separate section of the OFCR compartment, except for
curtained bunks, and must meet requirements of

Sec.  25.812(b)(1)(i). An exit sign with reduced background area or a
symbolic exit sign, as described in Condition 6.a. of these special
conditions, may be used to meet this requirement.
    d. For sections within an OFCR compartment created by the
installation of a rigid partition with a door separating the sections,
the following requirements of these special conditions must be met with
the door open or closed:
    i. A secondary evacuation route from each section to the main deck,
or the applicant must show that any door between the sections precludes
anyone from being trapped inside a section of the compartment. Removal
of an incapacitated occupant from within this area must be considered.
A secondary evacuation route from a small room designed for only one
occupant for a short time duration, such as a changing area or
lavatory, is not required, but removal of an incapacitated occupant
from within such a small room must be considered.
    ii. Any door between the sections must be shown to be openable when
crowded against, even when crowding occurs at each side of the door.
    iii. No more than one door may be located between any seat or berth
and the primary stairway door.
    iv. In each section, exit signs meeting requirements of Sec.
25.812(b)(1)(i), or shown to have an equivalent level of safety, must
direct occupants to the exit at the primary stairway. An exit sign with
reduced background area or a symbolic exit sign, as described in
Condition 6.a. of these special conditions, may be used to meet this
requirement.
    v. Conditions 1 (no-smoking placards), 7 (emergency illumination),
9 (emergency alarm system), 10 (fasten-seatbelt signal or return-to-
seat signal as applicable), 12 (smoke- or fire-detection system), and
15 (oxygen system) must be met with the OFCR compartment door open or
closed.
    vi. Conditions 8 (two-way voice communication) and 11 (emergency
firefighting and protective equipment) must be met independently for
each separate section, except for lavatories or other small areas that
are not intended to be occupied for extended periods of time.
    17. If a waste-disposal receptacle is fitted in the OFCR
compartment, it must be equipped with an automatic fire extinguisher
that meets the performance requirements of Sec.  25.854(b).
    18. Materials (including finishes or decorative surfaces applied to
the materials) must comply with the requirements of Sec.  25.853 as
amended by Amendment 25-116. Seat cushions and mattresses must comply
with the requirements of Sec.  25.853(c) as amended by Amendment 25-
116, and the test requirements of part 25, appendix F, part II, or
other equivalent methods.
    19. The addition of a lavatory within the OFCR compartment would
require the lavatory to meet the same requirements as those for a
lavatory installed on the main deck, except with regard to Condition 12
of these special conditions for smoke detection.
    20. Each stowage compartment in the OFCR compartment, except for
underseat compartments for occupant convenience, must be completely
enclosed. All enclosed stowage compartments within the OFCR compartment
that are not limited to stowage of emergency equipment or airplane-
supplied equipment (i.e., bedding) must meet the design criteria
described in the table below. Enclosed stowage compartments greater
than 200 ft.\3\ in interior volume are not addressed by this special
condition. The in-flight accessibility of very large, enclosed stowage
compartments, and the subsequent impact on the crewmembers' ability to
effectively reach any part of the compartment with the contents of a
hand-held fire-extinguishing system, will require additional fire-
protection considerations similar to those required for inaccessible
compartments such as Class C cargo compartments.

   Design Criteria for Enclosed Stowage Compartments Not Limited to Stowage of Emergency or Airplane-Supplied
                                                    Equipment
----------------------------------------------------------------------------------------------------------------
                                            Applicability of fire protection requirements by interior volume
                                      --------------------------------------------------------------------------
       Fire protection features                                  25 cubic feet to less     57 cubic feet to 200
                                       Less than 25 cubic feet     than 57 cubic feet           cubic feet
----------------------------------------------------------------------------------------------------------------
Compliant Materials of Construction    Yes....................  Yes....................  Yes.
 \1\.
Smoke or Fire Detectors \2\..........  No.....................  Yes....................  Yes.
Liner \3\............................  No.....................  Conditional............  Yes.
Fire Location Detect \4\.............  No.....................  Yes....................  Yes.
----------------------------------------------------------------------------------------------------------------
\1\ Compliant Materials of Construction: The material used in constructing each enclosed stowage compartment
  must at least be fire resistant and must meet the flammability standards established for interior components
  (i.e., 14 CFR part 25 Appendix F, Parts I, IV, and V) per the requirements of Sec.   25.853. For compartments
  less than 25 ft.\3\ in interior volume, the design must ensure the ability to contain a fire likely to occur
  within the compartment under normal use.
\2\ Smoke or Fire Detectors: Enclosed stowage compartments equal to or exceeding 25 ft.\3\ in interior volume
  must be provided with a smoke- or fire-detection system to ensure that a fire can be detected within a one-
  minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system
  (or systems) must provide:
(a) A visual indication in the flight deck within one minute after the start of a fire.
(b) An aural warning in the OFCR compartment.
(c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking
  into consideration the locations of flight attendants throughout the main passenger compartment during various
  phases of flight.
\3\ Liner: If material used in constructing the stowage compartment can be shown to meet the flammability
  requirements of a liner for a Class B cargo compartment (i.e., Sec.   25.855 at Amendment 25-116, and Appendix
  F, part I, paragraph (a)(2)(ii)), then no liner would be required for enclosed stowage compartments equal to
  or greater than 25 ft.\3\ but less than 57 ft.\3\ in interior volume. For all enclosed stowage compartments
  equal to or greater than 57 ft.\3\ in interior volume but less than or equal to 200 ft.\3\, a liner must be
  provided that meets the requirements of Sec.   25.855 for a Class B cargo compartment.
\4\ Fire Location Detector: If an OFCR compartment has enclosed stowage compartments exceeding 25 ft.\3\
  interior volume that are located separately from the other stowage compartments (located, for example, away
  from one central location, such as the entry to the OFCR compartment or a common area within the OFCR
  compartment, where the other stowage compartments are), that OFCR compartment would require additional fire-
  protection features and/or devices to assist the firefighter in determining the location of a fire.

    Issued in Des Moines, Washington, on June 5, 2020.
James E. Wilborn,
Acting Manager, Transport Standards Branch, Policy and Innovation
Division, Aircraft Certification Service.
[FR Doc. 2020-12701 Filed 6-29-20; 8:45 am]
BILLING CODE 4910-13-P


(j) You must submit a report of excess emissions and monitoring
systems performance report according to Sec.  60.7(c) to the
Administrator semiannually. Submit all reports to the EPA via CEDRI,
which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The
EPA will make all the information submitted through CEDRI available to
the public without further notice to you. Do not use CEDRI to submit
information you claim as CBI. Anything submitted using CEDRI cannot
later be claimed CBI. You must use the appropriate electronic report
template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart. The date report
templates become available will be listed on the CEDRI website. The
report must be submitted by the deadline specified in this subpart,
regardless of the method in which the report is submitted. Although we
do not expect persons to assert a claim of CBI, if you wish to assert a
CBI claim, follow paragraph (i)(3) of this section except send to the
attention of the Electric Arc Furnace Sector Lead. The same file with
the CBI omitted must be submitted to the EPA via the EPA's CDX as
described earlier in this paragraph (j). All CBI claims must be
asserted at the time of submission. Furthermore, under CAA section
114(c), emissions data is not entitled to confidential treatment, and
the EPA is required to make emissions data available to the public.
Thus, emissions data will not be protected as CBI and will be made
publicly available.
    (k) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with that reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (k)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have
already met the

reporting requirement at the time of the notification, the date you
reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (l) If you are required to electronically submit a report through
CEDRI in the EPA's CDX, you may assert a claim of force majeure for
failure to timely comply with that reporting requirement. To assert a
claim of force majeure, you must meet the requirements outlined in
paragraphs (l)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) A description of measures taken or to be taken to minimize
the delay in reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
    (m) Any records required to be maintained by this subpart that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.

[FR Doc. 2023-16747 Filed 8-24-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Proposed Rules]
[Page 32493-32495]
[DOCID:fr09jn08-11]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0625; Directorate Identifier 2008-NM-069-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) Airplanes; CL-600-2D15 (Regional Jet Series
705) Airplanes; and CL-600-2D24 (Regional Jet Series 900) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During a pre-delivery flight of a CL-600-2C10 aircraft, the AC
essential bus did not come on-line following deployment of the Air
Driven Generator (ADG). Following investigation, it was determined
that a specific batch of contactors in the ADG Power Center (ADGPC)
is susceptible to failure due to low contact pressure. * * *

The unsafe condition is malfunction of the emergency AC generation and
control system that supplies emergency AC power to essential flight
instruments, including the flap and slat system, pitch trim system, and
hydraulic pump 3B. Loss of essential flight instruments could prevent
continued safe flight and landing of the airplane. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by July 9, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0625;
Directorate Identifier 2008-NM-069-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-14, dated February 19, 2008 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    During a pre-delivery flight of a CL-600-2C10 aircraft, the AC
essential bus did not come on-line following deployment of the Air
Driven Generator (ADG). Following investigation, it was determined
that a specific batch of contactors in the ADG Power Center (ADGPC)
is susceptible to failure due to low contact pressure. This
directive mandates inspection of the ADGPC and replacement of any
contactors in the suspect batch. It also prohibits future
installation of ADGPCs and contactors that have not been inspected
per this directive.

The unsafe condition is malfunction of the emergency AC generation and
control system that supplies emergency AC power to essential flight
instruments, including the flap and slat system, pitch trim system, and
hydraulic pump 3B. Loss of essential flight instruments could prevent
continued safe flight and landing of the airplane. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-24-021, Revision A,
dated December 11, 2006. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 306 products of U.S. registry. We also estimate that
it would take about 9 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these costs.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $220,320, or $720 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-0625;
Directorate Identifier 2008-NM-069-AD.

Comments Due Date

    (a) We must receive comments by July 9, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes, serial numbers 10004 and
subsequent; Model CL-600-2D15 (Regional Jet Series 705) airplanes
and Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial
numbers 15002 and subsequent; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 24:
Electrical power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During a pre-delivery flight of a CL-600-2C10 aircraft, the AC
essential bus did not come on-line following deployment of the Air
Driven Generator (ADG). Following investigation, it was determined
that a specific batch of contactors in the ADG Power Center (ADGPC)
is susceptible to failure due to low contact pressure. This
directive mandates inspection of the ADGPC and replacement of any
contactors in the suspect batch. It also prohibits future
installation of ADGPCs and contactors that have not been inspected
per this directive.

The unsafe condition is malfunction of the emergency AC generation
and control system that supplies emergency AC power to essential
flight instruments, including the flap and slat system, pitch trim
system, and hydraulic pump 3B. Loss of essential flight instruments
could prevent continued safe flight and landing of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For Model CL-600-2C10 airplanes having serial numbers 10004
through 10265, and Model CL-600-2D15 and CL-600-2D24 airplanes
having serial numbers 15002 through 15162: Within 5,000 flight hours
or 24 months after the effective date of this AD, whichever occurs
first, inspect for the serial number of the installed ADGPC and, as
applicable, for the serial numbers of installed contactors K117,
K147 and K153, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-24-021, Revision
A, dated December 11, 2006. If the serial number of the ADGPC is in
the range 134 through 250, and any installed contactor has a serial
number in the range 411 through 777, before further flight, replace
the affected contactor in accordance with Part B of the service
bulletin.
    (2) Previous inspection of the ADGPC, and replacement of
contactors, before the effective date of this AD, in accordance with
Bombardier Service Bulletin 670BA-24-021, dated May 30, 2005, meets
the requirements of paragraphs (f)(1) of this AD if the ADGPC has
not been replaced since accomplishment of the service bulletin.
    (3) A review of the aircraft maintenance records to determine
the ADGPC and contactor serial numbers also meets the inspection
requirements of paragraph (f)(1) of this AD.

Parts Installation

    (g) As of the effective date of this AD: No replacement/spare
ADGPC having part number 781GA01Y00, with a serial number in the
range 134 through 250, is permitted to be installed on any aircraft,
unless the ADGPC has been modified according to paragraph (f)(1) of
this AD.
    (h) As of the effective date of this AD: No replacement/spare
ADGPC contactor having part number 995CA01Y00, with a serial number
in the range 411 through 777, is permitted to be installed on any
aircraft, unless the ADGPC contactor is identified with two labels,
as specified in Zodiac ECE Service Bulletin 995CA01Y-24-001, dated
May 3, 2005.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Wing Chan, Aerospace
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York
ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2008-14,
dated February 19, 2008; and Bombardier Service Bulletin 670BA-24-
021, Revision A, dated December 11, 2006; for related information.

    Issued in Renton, Washington, on May 30, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-12833 Filed 6-6-08; 8:45 am]

BILLING CODE 4910-13-P


Data Collection for Sun Safety Tutorial

	Potential Questions	Answer Choices/Type	Justification	Suggested Question Placement

	Average seat time 	Not a question, but will be collected as the user participates in the tutorial	Process Measure 	Not asked

	# of users starting and finishing the tutorial	Not a question, but will be collected as the user participates in the tutorial	Process Measure  Not asked

	How many guesses does it take the user to get the correct answer for each scenario?	Not a question, but will be collected as the user participates in the tutorial	Process Measure 	Not asked

1	Please select the job that best describes your work as an informal educator of children ages 5-15:	lifeguard

outdoor aquatics instructor

camp counselor

athletic coach

scout leader

other: Open Response	Demographics:

This question is given before the user starts the tutorial. 	Before starting

2	Please select the state where you work/volunteer:	All 50 states

US territories

International: Open Response	Demographics	Before starting

3	What is the color of your untanned skin? (has to be optional)	fair

olive

dark

very dark

black	Demographics, Educator’s Risk Profile 	Before starting

4	What year were you born in?	Response: Drop-down menu of all years between 1925 – present	Demographics	Before starting

5	How much schooling do you have?	have not completed HS

completed HS

completed some college

Graduated from a 4-year college

Completed Graduate school	Demographics	Before starting

6	Your sex:	Male or Female	Demographics	Before starting

7	How many hours a week do you spend in the sun with children?	1 -10 hours

11 – 25 hours

More than 25 hours	Educator’s and Children’s Risk Profile, 	Before starting

8	How many children do you supervise/educate on a weekly basis during the summer (June-August)?	1 – 25

26 – 50

More than 50	Demographics, Reach	Before starting

9	How many sunburns did you get last summer?	a) 0

b) 1-2

c) 3+	Current Practices, Educator’s Risk Profile	Before starting

10	When you are outside in the sun, how often do you wear sunscreen? Rarely or never

Sometimes

Usually

Always	Current Practices	Before starting

11	Have you ever taught, reminded, or instructed kids to protect themselves from the sun?	Yes

No

This is my first summer, so not yet	Current Practices	Before starting

12	Many of the kids in my group are at-risk for sunburn?	Yes

No

DK	Perception of Kids in Their Charge, Children’s Risk Profile  	After “What You Don’t Know”

13	Keeping kids I supervise protected from the sun is: hard to do; easy to do; not so hard, but not so easy to do.	a) Hard to do

b) Not so hard, but not so easy to do

c) Easy to do	Perception of User’s Ability to Have an Influence on Kids in Their Charge:

	After “What You Don’t Know”

14	How much do you agree with the following statement: Most of the staff here wear hats as protection from the sun when they are outdoors	1 = disagree

2 = neutral

3 = agree	Perception of Co-workers’ Sun Protection Practices	Before starting “Louder than Words”

15	How much do you agree with the following statement: Most of the staff here cover up to protect themselves from the sun when they are outdoors 1 = disagree

2 = neutral

3 = agree	Perception of Co-workers’ Sun Protection Practices	Before starting “Louder than Words”

16	My place of work (check all that apply):	Encourages children to stay in the shade.

- Reminds children to wear sunscreen.

- Reminds parents to send children with sunscreen.

- Provides sunscreen for children who forgot to put it on before hand.

- Provides parents with information about child injury prevention. Environmental Cues/Situation	Before starting “Louder than Words”

17	What proportion of the kids here use sun protection when outdoors?	a few

some

many

	Perception of Kids in Their Charge, Children’s Risk Profile  	After “Louder than Words”

18	Keeping kids I supervise protected from the sun is: hard to do; easy to do; not so hard, but not so easy to do.	a) Hard to do

b) Not so hard, but not so easy to do

c) Easy to do	Perception of User’s Ability to Have an Influence on Kids in Their Charge. Additionally we will compare the results from this Q with the results from Q12 to see if the tutorial changed anyone’s perceptions/attitudes about teaching kids about sun protection.

	During or After “Before You Go”

19	On a scale of 1-3, how likely are you to teach sun safety to children ages 5-15?	1 = Not Likely

2 = Somewhat Likely

3 = Very Likely	Intended Behavior:

This question will be asked after or during the “Before You Go” section. It allows EPA staff to assess the users intended behavior with children.	During or After “Before You Go”

  FILENAME \p  G:\SPD\SunWise\contracts & grants\Information Experts\Base Period Projects\Online Tutorial\Qs for tutorial 4.10.07.doc

  AUTHOR  Luke Hall-Jordan 	Page   PAGE  1 	  DATE \@ "M/d/yyyy"  8/2/2007