[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Proposed Rules]
[Pages 74350-74352]
[FR Doc No: 2016-25810]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-8247; Notice No. 25-16-08-SC]

Special Conditions: Aerocon Engineering Company, Boeing Model
777-200 Airplane; Access Hatch Installed Between the Cabin and the
Class C Cargo Compartment To Allow In-Flight Access to the Cargo
Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Boeing Model
777-200 airplane. This airplane, as modified by Aerocon Engineering
Company (Aerocon), 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
access hatch, installed between the cabin and the Class C cargo
compartment, to allow in-flight access to the Class C cargo
compartment. 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 your comments on or before December 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-8247
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 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: John Shelden, FAA, Airframe 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:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On June 26, 2015, Aerocon applied for a supplemental type
certificate to install an access hatch between the cabin and

Class C cargo compartment in the Boeing Model 777-200 airplane. This
airplane is a twin-engine, transport-category airplane with a VIP
interior configuration. The Model 777-200 has a maximum passenger
capacity of 440, and a maximum takeoff weight of 535,000 pounds.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, Aerocon must show that the Boeing Model 777-200 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 (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 777-200 airplane
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 777-200 airplane, as modified by Aerocon,
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 777-200 airplane, as modified by Aerocon, will
incorporate the following novel or unusual design feature: An access
hatch installed between the cabin and the Class C cargo compartment, to
allow in-flight access to the Class C cargo compartment.

Discussion

    The VIP operator requests to have access to the aft lower-deck
Class C cargo compartment on their Boeing Model 777-200 airplane to
store trash during flight. The installation consists of an access hatch
from the main passenger cabin, with an access ladder, and a trash
container mounted on its own standard airliner pallet in the lower-deck
Class C cargo compartment.
    The FAA considers that the access hatch may impact the isolation of
the passenger cabin from the cargo compartment. Isolation is necessary
to protect the passengers, as required by Sec.  25.857(c), from fire
and smoke that may start within the cargo compartment. In addition, the
in-flight access to the lower-deck Class C compartment creates unique
hazards resulting from passengers having access to cargo and baggage in
the compartment. These hazards include the safety of the persons
entering the cargo compartment, possible hazards to the airplane as a
result of the access, and security concerns with access to the checked
baggage and cargo. The proposed special conditions defined herein
provide additional requirements necessary to ensure sufficient cabin
isolation from fire and smoke in this unusual design configuration, and
for passenger safety while occupying the Class C compartment.
    The current rules relating to Class C cargo compartments do not
address provisions for in-flight accessibility. The intent of the Class
C cargo compartment was that it be a self-contained and isolated
compartment intended to carry baggage and cargo, but not intended for
human habitation. The FAA gave no consideration to an in-flight-
accessible Class C cargo compartment when the classification was first
developed, as no manufacturer had ever incorporated such a feature into
their design. Inherently, a ``cargo compartment'' was not intended for
in-flight access, especially by the traveling public. An allowance has
been made specifically for crew access into a Class B cargo compartment
for the express purpose of firefighting. Access into a cargo
compartment carries with it an increased level of risk to the occupant
entering the compartment, and to the airplane, as baggage or cargo
could shift, a decompression could occur in the compartment, or a fire
could develop during flight.
    The FAA has determined that the existing airworthiness standards do
not contain adequate or appropriate safety standards relative to
passenger access to cargo compartments. As a result, special conditions
are the appropriate means to address this and all future in-flight-
accessible Class C cargo compartments.
    Based upon the above discussion, the cargo-compartment isolation
criterion is the main concern related to the access-hatch design, which
is intended to be installed between the cabin and the Class C cargo
compartment.
    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.

Applicability

    As discussed above, these proposed special conditions are
applicable to the Boeing Model 777-200 airplane modified by Aerocon.
Should Aerocon apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate No.
T00001SE to incorporate the same novel or unusual design feature, these
special conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplane. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Boeing Model 777-200 airplanes modified by Aerocon.
    1. The flight deck must contain an indicator to advise the
flightcrew when the access hatch is opened.
    2. One cabin crewmember must be present to monitor the hatch from
the main cabin when another cabin crewmember is using the access hatch
to access the aft lower-deck Class C cargo compartment. This access-
hatch procedure must be included in the Cabin Crew Operating Manual.
    3. Means must be provided to keep the access hatch open while the
aft lower-deck Class C cargo compartment is occupied during flight.
    4. Access to the aft lower-deck Class C cargo compartment or using
the access hatch is not allowed during:
    a. Taxi, takeoff, and landing,
    b. when the fasten-seat-belt sign is illuminated,

    c. in the event of emergency not limited to smoke and fire detected
in the cargo compartment.
    5. A placard stating, ``Do Not Enter During Taxi, Takeoff, Landing,
or Emergency'' (or similar wording) must be located outside of, and on
or near the access hatch of, the aft lower-deck Class C cargo
compartment.
    6. The airplane must be operated as private, not for hire, not for
common carriage. This provision does not preclude the operator from
receiving remuneration to the extent consistent with 14 CFR parts 125
and 91, subpart F, as applicable.
    7. Use of the access hatch, and access to the aft Class C cargo
compartment, is limited to the crew only. A placard stating, ``Crew
Only Access'' must be located outside of, and on or near the access
hatch of, the aft lower-deck Class C cargo compartment.
    8. The Airplane Flight Manual must instruct the crew to close the
access hatch when crew are not accessing the aft lower-deck Class C
cargo compartment.
    9. Special conditions 4, 6, and 7 must be documented in the
Limitations section of the Airplane Flight Manual.

    Note: The airplane owner or operator must contact the Transport
Security Administration (TSA) prior to operating within United
States airspace to ensure that this design, and related operational
procedures, comply with TSA requirements.

    Issued in Renton, Washington, on October 14, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2016-25810 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-13-P


STATE WATER RESOURCES CONTROL BOARD RESOLUTION NO. 88 63 ADOPTION OF POLICY ENTITLED " SOURCES OF DRINKING WATER"

WHEREAS 1. California Water Code Section 13140 provides that the State Board shall formulate and adopt State Policy for Water Quality Control; and,

2. California Water Code Section 13240 provides that Water Quality Plans " shall conform" to any State Policy for Water Quality Control; and,

3. The Regional Boards can conform the Water Quality Control Plans to this policy by amending the plans to incorporate the policy; and,

4. The State Board must approve any conforming amendments pursuant to Water Code Section 13245; and,

5. " Sources of drinking water" shall be defined in the Water Quality Control Plans as those water bodies with beneficial uses designated as suitable, or potentially suitable, for municipal or domestic water supply ( MUN); and,

6. The Water Quality Control Plans do not provide sufficient detail in the description of water bodies designated MUN to judge clearly what is, or is not, a source of drinking water for various purposes.

THEREFORE BE IT RESOLVED:

All surface and ground waters of the State are considered to be suitable, or potentially suitable, for municipal or domestic water supply and should be so designated by the Regional Boards1 with the exception of:

1. Surface and ground waters where:

a. The total dissolved solids ( TDS) exceed 3,000 mg/ L ( 5,000 uS/ cm, electrical conductivity) and it is not reasonably expected by Regional Boards to supply a public water system, or b. There is contamination, either by natural processes or by human activity ( unrelated to the specific pollution incident), that cannot reasonably be treated for domestic use using either Best Management Practices or best economically achievable treatment practices, or c. The water source does not provide sufficient water to supply a single well capable of producing an average, sustained yield of 200 gallons per day.

2. Surface Waters Where:

a. The water is in systems designed or modified to collect or treat municipal or industrial wastewaters, process waters, mining wastewaters, or storm water runoff, provided that the discharge from such systems is monitored to assure compliance with all relevant water quality objectives as required by the Regional Boards; or,

b. The water is in systems designed or modified for the primary purpose of conveying or holding agricultural drainage waters, provided that the discharge from such systems is monitored to assure compliance with all relevant water quality objectives as required by the Regional Boards.

3. Ground water where:

The aquifer is regulated as a geothermal energy producing source or has been exempted administratively pursuant to 40 Code of Federal Regulations, Section 146.4 for the purpose of underground injection of fluids associated with the production of hydrocarbon or geothermal energy, provided that these fluids do not constitute a hazardous waste under 40 CFR, Section 261.3.

4. Regional Board Authority to Amend Use Designations:

Any body of water which has a current specific designation previously assigned to it by a Regional Board in Water Quality Control Plans may retain that designation at the Regional Board's discretion. Where a body of water is not currently designated as MUN but, in the opinion of a Regional Board, is presently or potentially suitable for MUN, the Regional Board shall include MUN in the beneficial use designation.

The Regional Boards shall also assure that the beneficial uses of municipal and domestic supply are designated for protection wherever those uses are presently being attained, and assure that any changes in beneficial use designations for waters of the State are consistent with all applicable regulations adopted by the Environmental Protection Agency.

The Regional Boards shall review and revise the Water Quality Control Plans to incorporate this policy. ____________________________________

1 This policy does not affect any determination of what is a potential source of drinking water for the limited purposes of maintaining a surface impoundment after June 30, 1988, pursuant to Section 25208.4 of the Health and Safety Code.

CERTIFICATION The undersigned, Administrative assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a policy duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 19, 1988.

\ s\ Maureen Marché Administrative Assistant to the Board