[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76734-76736]
[FR Doc No: 2013-30234]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-1051; Notice No. 25-512-SC]

Special Conditions: Bombardier Inc., Models BD-500-1A10 and BD-
500-1A11 Series Airplanes; Seats With Non-Traditional, Large, Non-
Metallic Panels

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Bombardier Inc.
Models BD-500-1A10 and BD-500-1A11 series airplanes. These airplanes
will have a novel or unusual design feature associated with seats that
include non-traditional, large, non-metallic panels that would affect
survivability during a post-crash fire event. 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: The effective date of these special conditions is December 19,
2013. We must receive your comments by February 3, 2014.

ADDRESSES: Send comments identified by docket number FAA-2013-1051
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 Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    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 the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airplane and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
aircraft. In addition, the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore 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 on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On December 10, 2009, Bombardier Inc. applied for a type
certificate for their new Models BD-500-1A10 and BD-500-1A11 series
airplanes (hereafter collectively referred to as ``C-series.'' The C-
series airplanes are swept-wing monoplanes with a pressurized cabin.
They share an identical supplier base and significant common design
elements. The fuselage is aluminum alloy material, blended double-
bubble fuselage, sized for nominal 5-abreast seating. Each airplane's
powerplant consists of two under wing Pratt and Whitney PW1524G ultra-
high bypass, geared turbofan engines. Flight controls are fly-by-wire
flight with two passive/uncoupled side sticks. Avionics includes five
landscape primary cockpit displays. The dimension of the airplanes
encompass a wingspan of 115 feet; a height of 37.75 feet; and a length
of 114.75 feet for the Model BD-500-1A10 and a length of 127 feet for
the Model BD-500-1A11. Passenger capacity is designated as 110 for the
Model BD-500-1A10 and 125 for the Model BD-500-1A11. Maximum takeoff
weight is 131,000 pounds for the Model BD-500-1A10 and 144,000 pounds
for the Model BD-500-1A11. Maximum takeoff thrust is 21,000 pounds for
the

Model BD-500-1A10 and 23,300 pounds for the Model BD-500-1A11. Range is
3,394 miles (5,463 kilometers) for both models of airplanes. Maximum
operating altitude is 41,000 feet for both model airplanes.
    The interior arrangements of the C-series airplanes will include
passenger and cabin crew seats in the passenger cabin that incorporate
non-traditional, large, non-metallic panels in lieu of traditional
metal frame and foam/fabric components.
    The applicable airworthiness regulations, Title 14, Code of Federal
Regulations (14 CFR) part 25, do not require seats to meet the more
stringent flammability standards required of large, non-metallic panels
in the cabin interior. At the time the applicable rules were written,
seats were designed with a metal frame covered by fabric, not with
large, non-metallic panels. Seats also met the then recently adopted
standards for flammability of seat cushions. With the seat design being
mostly fabric and metal, the contribution to a fire in the cabin had
been minimized and was not considered a threat. For these reasons,
seats did not need to be tested to heat release and smoke emission
requirements.
    Seat designs have now evolved to occasionally include non-
traditional, large, non-metallic panels. Taken in total, the surface
area of these panels is on the same order as the sidewall and overhead
stowage bin interior panels. To provide the level of passenger
protection established by the airworthiness standards, these non-
traditional, large, non-metallic panels in the cabin must meet the
standards of 14 CFR, part 25, appendix F, parts IV and V, heat release
and smoke emission requirements.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Bombardier Inc. must show
that the C-series airplanes meet the applicable provisions of 14 CFR
part 25 as amended by Amendments 25-1 through 25-129 thereto.
    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 C-series airplanes because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the C-series airplanes must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36, and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The C-series airplanes will incorporate the following novel or
unusual design features:
    These models offer interior arrangements that include passenger
seats that incorporate non-traditional, large, non-metallic panels in
lieu of the traditional metal frame covered by fabric. The flammability
properties of these panels have been shown to significantly affect the
survivability of the cabin in the case of fire. These seats are
considered a novel design for transport category airplanes that include
Amendment 25-61 and Amendment 25-66 in the certification basis, and
were not considered when those airworthiness standards were
established.
    The existing regulations do not provide adequate or appropriate
safety standards for seat designs that incorporate non-traditional,
large, non-metallic panels in their designs. In order to provide a
level of safety that is equivalent to that afforded to the balance of
the cabin, additional airworthiness standards, in the form of special
conditions, are necessary. These special conditions supplement Sec.
25.853. The requirements contained in these special conditions consist
of applying the identical test conditions required of all other large
panels in the cabin to seats with non-traditional, large, non-metallic
panels.

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

    A non-traditional large panel, in this case, is defined as a panel
with exposed-surface areas greater than 1.5 ft\2\ installed per seat
place. The panel may consist of either a single component or multiple
components in a concentrated area. Examples of parts of the seat where
these non-traditional panels are installed include, but are not limited
to, seat backs, bottoms and leg/foot rests, kick panels, back shells,
credenzas and associated furniture. Examples of traditional, exempted
parts of the seat include: Arm caps, armrest close-outs such as end
bays and center consoles, food trays, video monitors and shrouds.

Clarification of ``Exposed''

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

Discussion

    In the early 1980s, the FAA conducted extensive research on the
effects of post-crash flammability in the passenger cabin. As a result
of this research and service experience, the FAA adopted new standards
for interior surfaces associated with large surface area parts.
Specifically, the rules require measurement of heat release and smoke
emission (part 25, appendix F, parts IV and V) for the affected parts.
Heat release has been shown to have a direct correlation with post-
crash fire survival time. Materials that comply with the standards
(i.e., Sec.  25.853 Compartment interiors, as amended by Amendment 25-
61 and Amendment 25-66) extend survival time by approximately two
minutes over materials that do not comply.
    At the time these standards were written, the potential application
of the requirements of heat release and smoke emission to seats was
explored. The seat frame itself was not a concern because it was
primarily made of aluminum, and there were only small amounts of non-
metallic materials. It was determined that the overall effect on
survivability was negligible, whether or not the food trays met the
heat release and smoke requirements. The requirements therefore did not
address seats. The preambles to both the Notice of Proposed Rule
Making, Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final
Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note
that seats were excluded ``because the recently-adopted standards for
flammability of seat cushions will greatly inhibit involvement of the
seats.''
    Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March
6, 1995) clarified the definition of

minimum panel size: ``It is not possible to cite a specific size that
will apply in all installations; however, as a general rule, components
with exposed-surface areas of 1 ft\2\ or less may be considered small
enough that they do not have to meet the new standards. Components with
exposed surface areas greater than 2 ft\2\ may be considered large
enough that they do have to meet the new standards. Those with exposed-
surface areas greater than 1 ft\2\, but less than 2 ft\2\, must be
considered in conjunction with the areas of the cabin in which they are
installed before a determination could be made.''
    In the late 1990s, the FAA issued Policy Memorandum 97-112-39,
Guidance for Flammability Testing of Seat/Console Installations,
October 17, 1997. That memo was issued when it became clear that seat
designs were evolving to include large, non-metallic panels with
surface areas that would impact survivability during a cabin fire
event, comparable to partitions or galleys. The memo noted that large
surface area panels must comply with heat release and smoke emission
requirements, even if they were attached to a seat.
    If the FAA had not issued such policy, seat designs could have been
viewed as a loophole to the airworthiness standards that would result
in an unacceptable decrease in survivability during a cabin fire event.
    In October 2004, an issue was raised regarding the appropriate
flammability standards for passenger seats that incorporated non-
traditional, large, non-metallic panels in lieu of the traditional
metal covered by fabric. The Seattle Aircraft Certification Office and
Transport Standards Staff reviewed this design and determined that it
represented the kind and quantity of material that should be required
to pass the heat release and smoke emissions requirements. We have
determined that special conditions would be promulgated to apply the
standards defined in Sec.  25.853(d) to seats with large, non-metallic
panels in their design.

Applicability

    As discussed above, these special conditions are applicable to the
Bombardier Models BD-500-1A10 and BD-500-1A11 series airplanes. Should
Bombardier Inc. apply at a later date for a change to the type
certificate to include another model incorporating the same novel or
unusual design feature, the special conditions would apply to that
model as well.

Conclusion

    This action affects only certain novel or unusual design features
on two model series of airplanes. It is not a rule of general
applicability.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    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 the Bombardier Inc. Models BD-500-1A10
and BD-500-1A11 series airplanes.

Seats With Non-Traditional, Large, Non-Metallic Panels

    1. Compliance with Title 14 CFR part 25, appendix F, parts IV and
V, heat release and smoke emission, is required for seats that
incorporate non-traditional, large non-metallic panels that may either
be a single component or multiple components in a concentrated area in
their design.
    2. The applicant may designate up to and including 1.5 ft\2\ of
non-traditional, non-metallic panel material per seat place that does
not have to comply with No. 1. A triple seat assembly may have a total
of 4.5 ft\2\ excluded on any portion of the assembly (e.g., outboard
seat place 1 ft\2\, middle 1 ft\2\, and inboard 2.5 ft\2\).
    3. Seats need not meet the test requirements of 14 CFR part 25,
appendix F, parts IV and V when installed in compartments that are not
otherwise required to meet these requirements. Examples include:
    a. Airplanes with passenger capacities of 19 or less;
    b. Airplanes that do not have smoke and heat release in their
certification basis and do not need to comply with the requirements of
14 CFR 121.312; and
    c. Airplanes exempted from smoke and heat release requirements.
    4. Only airplanes associated with new seat certification programs
approved after the effective date of these special conditions will be
affected by the requirements in these special conditions. Previously
certificated interiors on the existing airplane fleet and follow-on
deliveries of airplanes with previously certificated interiors are not
affected.

    Issued in Renton, Washington, on December 11, 2013.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-30234 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64157-64159]
[FR Doc No: 2022-22497]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0230; Airspace Docket No. 19-AAL-40]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
371; Kodiak, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes RNAV route T-371 in the vicinity of
Kodiak, AK, in support of a large and comprehensive T-route
modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, December 29, 2022. The Director of the
Federal Register approves this incorporation by reference action under

1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV in Alaska and improves
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2022-0230 in the Federal Register (87 FR 16676; March 24,
2022), establishing RNAV route T-371 in the vicinity of Kodiak, AK, in
support of a large and comprehensive T-route modernization project for
the state of Alaska. Interested parties were invited to participate in
this rulemaking effort by submitting comments on the proposal. No
comments were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Differences From the NPRM

    In the NPRM, the JEKEX, AK, and AMOTT, AK, route points were each
incorrectly referenced and listed as waypoints (WPs). Both of the
listed route points are actually Fixes. This action corrects that error
by listing each of them as a Fix. These corrections are editorial only
and do not change the alignment of T-371.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-371
in the vicinity of Kodiak, AK, in support of a large and comprehensive
T-route modernization project in the state of Alaska. The new route is
described below.
    T-371: T-371 is established between the Kodiak, AK (ODK), VHF
Omnidirectional Range/Distance Measuring Equipment (VOR/DME)
navigational aid and the AMOTT, AK, Fix to provide an alternate route
capability to Colored Federal airway G-10. T-371 also provides
instrument approach procedure connectivity to Homer Airport and Kodiak
Airport in Alaska, lower Global Navigation Satellite System (GNSS)
Minimum Enroute Altitudes (MEAs), and continuous two-way VHF voice
communications along the route. The full route description of the new
route is listed in the amendment to part 71 as set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of establishing
RNAV route T-371 in the vicinity of Kodiak, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-371 Kodiak, AK (ODK) to AMOTT, AK [New]

Kodiak, AK (ODK)              VOR/DME             (Lat. 57[deg]46'30.13'' N, long. 152[deg]20'23.42'' W)
JEKEX, AK                     FIX                 (Lat. 59[deg]23'25.46'' N, long. 151[deg]48'10.08'' W)
AMOTT, AK                     FIX                 (Lat. 60[deg]52'26.59'' N, long. 151[deg]22'23.60'' W)

* * * * *

    Issued in Washington, DC, on October 11, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22497 Filed 10-21-22; 8:45 am]
BILLING CODE 4910-13-P