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Federal Register / Vol. 72, No.

248 / Friday, December 28, 2007 / Rules and Regulations 73585

remove any dispute about how to assess or unusual design features, these special fire event. The applicable airworthiness
the severity and likelihood of conditions would apply to that model as regulations do not contain adequate or
occurrence of a threat over which the well. appropriate safety standards for this
applicant has no control. design feature. These special conditions
FAA Response: We agree that a Conclusion
contain the additional safety standards
‘‘security threat analysis process’’ (or This action affects only certain novel that the Administrator considers
other acceptable means) should be or unusual design features of the 787. It necessary to establish a level of safety
conducted to determine the threats, is not a rule of general applicability. equivalent to that established by the
vulnerabilities, and risks of each existing airworthiness standards.
airplane network access from an List of Subjects in 14 CFR Part 25
DATES: Effective Date: The effective date
external source to determine Aircraft, Aviation safety, Reporting of these special conditions is December
appropriate security mitigation and recordkeeping requirements. 18, 2007.
protection and procedures for the The authority citation for these FOR FURTHER INFORMATION CONTACT: Dan
aircraft, its operations, and special conditions is as follows: Jacquet, FAA, Airframe/Cabin Safety
maintenance. The aircraft and system
Authority: 49 U.S.C. 106(g), 40113, 44701, Branch, ANM–115, Transport Airplane
safety assessments (as described in AC 44702, 44704. Directorate, Aircraft Certification
25.1309) should certainly consider the
The Special Conditions Service, 1601 Lind Avenue, SW.,
impact of security vulnerabilities on
Renton, Washington, 98057–3356;
aircraft safety and the capabilities of the Accordingly, pursuant to the telephone (425) 227–2676; facsimile
aircraft’s systems to satisfy reliability authority delegated to me by the (425) 227–1232; electronic mail
and integrity requirements. Detailed Administrator, the following special daniel.jacquet@faa.gov.
guidelines and criteria, specific to the conditions are issued as part of the type
787 network architecture and design, SUPPLEMENTARY INFORMATION:
certification basis for the Boeing Model
have been developed for this aircraft 787–8 airplane. Future Requests for Installation of Seats
and provide some initial guidance for an with Non-Traditional, Large, Non-
acceptable means of compliance. The The applicant shall ensure system security
protection for the Aircraft Control Domain Metallic Panels
FAA also intends to participate in
and Airline Information Domain from access We anticipate that seats with non-
industry efforts to develop additional by unauthorized sources external to the
guidance on the scope of security traditional, large, non-metallic panels
airplane, including those possibly caused by
assessments and a general means of will be installed in other makes and
maintenance activity. The applicant shall
addressing aircraft network security ensure that security threats are identified and models of airplanes. We have made the
concerns. We hope to endorse the assessed, and that risk mitigation strategies determination to require special
industry-developed guidance, when it are implemented to protect the airplane from conditions for all applications
has been completed, with an advisory all adverse impacts on safety, functionality, requesting the installation of seats with
circular. We have made some minor and continued airworthiness. non-traditional, large, non-metallic
changes to these special conditions as a Issued in Renton, Washington, on panels until the airworthiness
result of this comment to clarify the December 17, 2007. requirements can be revised to address
scope for security threat analysis. Ali Bahrami, this issue. Having the same standards
• AIRBUS proposed text revision: Manager, Transport Airplane Directorate, across the range of airplane makes and
Airbus proposed the following revised Aircraft Certification Service. models will ensure a level playing field
wording for these special conditions. [FR Doc. E7–25075 Filed 12–27–07; 8:45 am] for the aviation industry.
The applicant shall ensure that BILLING CODE 4910–13–P Background
security threats external to the aircraft
(including those possibly caused by On July 31, 2007, Triad International
maintenance activity) are assessed and Maintenance Company (TIMCO), 623
DEPARTMENT OF TRANSPORTATION
risk mitigation strategies are Radar Road, Greensboro, North Carolina
implemented to protect the Aircraft Federal Aviation Administration 27410, applied for a supplemental type
Control Domain and Airline Information certificate for installing seats that
Services Domain from adverse impacts 14 CFR Part 25 include non-traditional, large, non-
reducing the aircraft safety. metallic panels in a Boeing Model 757
[Docket No. NM385; Special Conditions No. series airplane. The Boeing Model 757
FAA Response: Airbus’s comments
25–364–SC] series airplanes, currently approved
and proposal have merit but the
proposal does not address all of the Special Conditions: Boeing Model 757 under Type Certificate No. A2NM, are
FAA concerns. We have, however, Series Airplanes; Seats With Non- swept-wing, conventional tail, twin-
adopted several aspects of the Traditional, Large, Non-Metallic Panels engine, turbofan-powered, single aisle,
commenter’s proposal into these final medium-sized transport category
special conditions. We have made these AGENCY: Federal Aviation airplanes.
wording changes for clarification, but Administration (FAA), DOT. The applicable regulations to
the meaning and intent of these special ACTION: Final special conditions. airplanes currently approved under
conditions remain the same as originally Type Certificate No. A2NM do not
proposed. SUMMARY: These special conditions are require seats to meet the more stringent
issued for Boeing Model 757 Series flammability standards required of
Applicability Airplanes. These airplanes, as modified large, non-metallic panels in the cabin
As discussed above, these special by Triad International Maintenance interior. At the time the applicable rules
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conditions are applicable to the 787. Company (TIMCO), will have a novel or were written, seats were designed with
Should Boeing apply at a later date for unusual design feature(s) associated a metal frame covered by fabric, not
a change to the type certificate to with seats that include non-traditional, with large, non-metallic panels. Seats
include another model on the same type large, non-metallic panels that would also met the then recently adopted
certificate incorporating the same novel affect survivability during a post-crash standards for flammability of seat

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73586 Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations

cushions. With the seat design being vent and exhaust emission requirements close-outs such as end bays and armrest-
mostly fabric and metal, the of 14 CFR part 34 and the noise styled center consoles, food trays, video
contribution to a fire in the cabin had certification requirements of 14 CFR monitors, and shrouds.
been minimized and was not considered part 36.
The FAA issues special conditions, as Clarification of ‘‘Exposed’’
a threat. For these reasons, seats did not
need to be tested to heat release and defined in § 11.19, under § 11.38 and ‘‘Exposed’’ is considered to include
smoke emission requirements. they become part of the type panels that are directly exposed to the
Seat designs have now evolved to certification basis under § 21.101. passenger cabin in the traditional sense,
occasionally include non-traditional, Special conditions are initially and panels that are enveloped, such as
large, non-metallic panels. Taken in applicable to the model for which they by a dress cover. Traditional fabrics or
total, the surface area of these panels is are issued. Should the applicant apply leathers currently used on seats are
on the same order as the sidewall and for a supplemental type certificate to excluded from these special conditions.
overhead stowage bin interior panels. modify any other model included on the These materials must still comply with
To provide the level of passenger same type certificate to incorporate the § 25.853(a) and § 25.853(c) if used as a
protection intended by the same or similar novel or unusual design covering for a seat cushion, or
airworthiness standards, these non- feature, the special conditions would § 25.853(a) if installed elsewhere on the
traditional, large, non-metallic panels in also apply to the other model under seat. Non-traditional, large, non-metallic
the cabin must meet the standards of § 21.101. panels covered with traditional fabrics
Title 14 Code of Federal Regulations or leathers will be tested without their
Novel or Unusual Design Features
(CFR), part 25, Appendix F, parts IV and coverings or covering attachments.
V, heat release and smoke emission The Boeing Model 757 series
airplanes will incorporate the following Discussion
requirements.
novel or unusual design features: These In the early 1980s the FAA conducted
Type Certification Basis models offer interior arrangements that extensive research on the effects of post-
Under the provisions of 14 CFR include passenger seats that incorporate crash flammability in the passenger
21.101, TIMCO must show that the non-traditional, large, non-metallic cabin. As a result of this research and
Boeing Model 757 series airplanes, as panels in lieu of the traditional metal service experience, we adopted new
changed, continue to meet the frame covered by fabric. The standards for interior surfaces
applicable provisions of the regulations flammability properties of these panels associated with large surface area parts.
incorporated by reference in Type have been shown to significantly affect Specifically, the rules require
Certificate No. A2NM, or the applicable the survivability of the cabin in the case measurement of heat release and smoke
regulations in effect on the date of of fire. These seats are considered a emission (part 25, Appendix F, parts IV
application for the change. The novel design for transport category and V) for the affected parts. Heat
regulations incorporated by reference in airplanes that include Amendment 25– release has been shown to have a direct
the type certificate are commonly 61 and Amendment 25–66 in the correlation with post-crash fire survival
referred to as the ‘‘original type certification basis, and were not time. Materials that comply with the
certification basis.’’ The regulations considered when those airworthiness standards (i.e., § 25.853 entitled
incorporated by reference in Type standards were established. ‘‘Compartment interiors’’ as amended by
Certificate No. A2NM are as follows: The existing regulations do not Amendment 25–61 and Amendment
• For Model 757–200 airplanes—part provide adequate or appropriate safety 25–66) extend survival time by
25, as amended by Amendment 25–1 standards for seat designs that approximately 2 minutes over materials
through Amendment 25–45. In addition, incorporate non-traditional, large, non- that do not comply.
an equivalent safety finding exists with metallic panels in their designs. In order At the time these standards were
respect to § 25.853(c), Compartment to provide a level of safety that is written the potential application of the
interiors. equivalent to that afforded to the requirements of heat release and smoke
• For Model 757–300 airplanes—part balance of the cabin, additional emission to seats was explored. The seat
25, as amended by Amendment 25–1 airworthiness standards, in the form of frame itself was not a concern because
through Amendment 25–85 with the special conditions, are necessary. These it was primarily made of aluminum and
exception listed: Section 25.853(d)(3), special conditions supplement § 25.853. there were only small amounts of non-
Compartment interiors, at Amendment The requirements contained in these metallic materials. It was determined
25–72. special conditions consist of applying that the overall effect on survivability
In addition, the certification basis the identical test conditions required of was negligible, whether or not the food
includes certain special conditions, all other large panels in the cabin, to trays met the heat release and smoke
exemptions, or later amended sections seats with non-traditional, large, non- requirements. The requirements
of the applicable part that are not metallic panels. therefore did not address seats. The
relevant to these special conditions. A non-traditional, large, non-metallic preambles to both the Notice of
If the Administrator finds that the panel, in this case, is defined as a panel Proposed Rule Making (NPRM), Notice
applicable airworthiness regulations with exposed-surface areas greater than No. 85–10 (50 FR 15038, April 16, 1985)
(i.e., part 25) do not contain adequate or 1.5 square feet installed per seat place. and the Final Rule at Amendment 25–
appropriate safety standards for the The panel may consist of either a single 61 (51 FR 26206, July 21, 1986),
Boeing Model 757 series airplanes component or multiple components in a specifically note that seats were
because of a novel or unusual design concentrated area. Examples of parts of excluded ‘‘because the recently-adopted
feature, special conditions are the seat where these non-traditional standards for flammability of seat
prescribed under the provisions of panels are installed include, but are not cushions will greatly inhibit
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§ 21.16. limited to: seat backs, bottoms and leg/ involvement of the seats.’’
In addition to the applicable foot rests, kick panels, back shells, Subsequently, the Final Rule at
airworthiness regulations and special credenzas and associated furniture. Amendment 25–83 (60 FR 6615, March
conditions, the Boeing Model 757 series Examples of traditional exempted parts 6, 1995) clarified the definition of
airplanes must comply with the fuel of the seat include: arm caps, armrest minimum panel size: ‘‘It is not possible

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Federal Register / Vol. 72, No. 248 / Friday, December 28, 2007 / Rules and Regulations 73587

to cite a specific size that will apply in intent, however, to require seats with incorporate non-traditional, large, non-
all installations; however, as a general large, non-metallic panels to meet metallic panels that may either be a
rule, components with exposed-surface § 25.853, Appendix F, parts IV and V, if single component or multiple
areas of one square foot or less may be they are installed in cabins of airplanes components in a concentrated area in
considered small enough that they do that otherwise are not required to meet their design.
not have to meet the new standards. these standards. Because the heat 2. The applicant may designate up to
Components with exposed-surface areas release and smoke testing requirements and including 1.5 square feet of non-
greater than two square feet may be of § 25.853 per Appendix F, parts IV and traditional, non-metallic panel material
considered large enough that they do V, are not part of the type certification per seat place that does not have to
have to meet the new standards. Those basis of the Model 757, these special comply with special condition Number
with exposed-surface areas greater than conditions are only applicable if the 1, above. A triple seat assembly may
one square foot, but less than two square Model 757 series airplanes are in 14 have a total of 4.5 square feet excluded
feet, must be considered in conjunction CFR part 121 operations. Section on any portion of the assembly (e.g.,
with the areas of the cabin in which 121.312 requires compliance with the outboard seat place 1 square foot,
they are installed before a determination heat release and smoke testing middle 1 square foot, and inboard 2.5
could be made.’’ requirements of § 25.853, for certain square feet).
In the late 1990s, the FAA issued airplanes, irrespective of the type 3. Seats do not have to meet the test
Policy Memorandum 97–112–39, certification bases of those airplanes. requirements of Title 14 CFR part 25,
Guidance for Flammability Testing of For Model 757 series airplanes, these Appendix F, parts IV and V, when
Seat/Console Installations, October 17, are the airplanes that would be affected installed in compartments that are not
1997 (http://rgl.faa.gov). That memo by these special conditions. Should otherwise required to meet these
was issued when it became clear that TIMCO apply at a later date for a requirements. Examples include:
seat designs were evolving to include supplemental type certificate to modify a. Airplanes with passenger capacities
large, non-metallic panels with surface any other model included on Type of 19 or less,
areas that would impact survivability Certificate No. A2NM to incorporate the b. Airplanes that do not have § 25.853,
during a cabin fire event, comparable to same novel or unusual design feature, Amendment 25–61 or later, in their
partitions or galleys. The memo noted the special conditions would apply to certification basis and do not need to
that large surface area panels must that model as well. comply with the requirements of 14 CFR
comply with heat release and smoke 121.312, and
emission requirements, even if they Effective Upon Issuance
c. Airplanes exempted from § 25.853,
were attached to a seat. If the FAA had Under standard practice, the effective Amendment 25–61 or later.
not issued such policy, seat designs date of final special conditions would
could have been viewed as a loophole Issued in Renton, Washington, on
be 30 days after the date of publication December 18, 2007.
to the airworthiness standards that in the Federal Register; however, as the
would result in an unacceptable Ali Bahrami,
delivery date for the Boeing Model 757
decrease in survivability during a cabin series airplane modified by TIMCO is Manager, Transport Airplane Directorate,
fire event. Aircraft Certification Service.
imminent, the FAA finds that good
In October of 2004, an issue was cause exists to make these special [FR Doc. E7–25077 Filed 12–27–07; 8:45 am]
raised regarding the appropriate conditions effective upon issuance. BILLING CODE 4910–13–P
flammability standards for passenger
seats that incorporated non-traditional, Conclusion
large, non-metallic panels in lieu of the This action affects only certain novel DEPARTMENT OF TRANSPORTATION
traditional metal covered by fabric. The or unusual design features on one model
Federal Aviation Administration
Seattle Aircraft Certification Office and series of airplanes. It is not a rule of
Transport Standards Staff reviewed this general applicability and it affects only
14 CFR Part 39
design and determined that it the applicant who applied to the FAA
represented the kind and quantity of for approval of these features on the [Docket No. FAA–2007–28352; Directorate
material that should be required to pass airplane. Identifier 2007–NM–037–AD; Amendment
the heat release and smoke emissions 39–15309; AD 2007–26–07]
List of Subjects in 14 CFR Part 25
requirements. We have determined that RIN 2120–AA64
special conditions would be Aircraft, Aviation safety, Reporting
promulgated to apply the standards and recordkeeping requirements. Airworthiness Directives; Boeing
defined in § 25.853(d) to seats with The authority citation for these Model 747–200B, 747–300, 747–400,
large, non-metallic panels in their special conditions is as follows: 747–400D, and 747–400F Series
design. Authority: 49 U.S.C. 106(g), 40113, 44701, Airplanes Equipped with General
44702, 44704. Electric CF6–80C2 Engines
Discussion of Comments
Notice of proposed special conditions The Special Conditions AGENCY: Federal Aviation
No. 25–07–17-SC, pertaining to Boeing Accordingly, pursuant to the Administration (FAA), Department of
Model 757 series airplanes, was authority delegated to me by the Transportation (DOT).
published in the Federal Register on Administrator, the following special ACTION: Final rule.
November 27, 2007. No comments were conditions are issued as part of the type
received and the special conditions are certification basis for Boeing Model 757 SUMMARY: The FAA is adopting a new
adopted as proposed. series airplanes modified by TIMCO. airworthiness directive (AD) for certain
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1. Except as provided in paragraph 3 Boeing Model 747–200B, 747–300, 747–


Applicability of these special conditions, compliance 400, 747–400D, and 747–400F series
As discussed above, these special with Title 14 CFR part 25, Appendix F, airplanes. This AD requires repetitive
conditions are applicable to Boeing parts IV and V, heat release and smoke inspections of the left- and right-hand
Model 757 series airplanes. It is not our emission, is required for seats that flipper door assemblies of the engine

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