Proposed Rule2024-17157
Special Conditions: Northwest Aerospace Technologies, Inc (NAT), Boeing Model 787-9 Airplane; Installation of High Wall Suites
Primary source
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Published
August 6, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action proposes special conditions for Boeing Model 787-9 series airplanes. These airplanes, as modified by NAT, 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 the installation of high wall suites in the passenger cabin. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 151 (Tuesday, August 6, 2024)</title>
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[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Proposed Rules]
[Pages 63845-63847]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17157]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 /
Proposed Rules
[[Page 63845]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2024-0988; Notice No. 25-24-03-SC]
Special Conditions: Northwest Aerospace Technologies, Inc (NAT),
Boeing Model 787-9 Airplane; Installation of High Wall Suites
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed special conditions.
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SUMMARY: This action proposes special conditions for Boeing Model 787-9
series airplanes. These airplanes, as modified by NAT, 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 the installation of high
wall suites in the passenger cabin. 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 26, 2024.
ADDRESSES: Send comments identified by Docket No. FAA-2024-0988 using
any of the following methods:
Federal eRegulations Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and follow
the online instructions for sending your comments electronically.
Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC, 20590-0001.
Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: Artiom Kostiouk, Cabin Safety, AIR-
624, Technical Policy Branch, Policy and Standards Division, Aircraft
Certification Service, Federal Aviation Administration, 800
Independence Ave SW, Washington, DC 20591; telephone and fax (202) 267-
5446; email <a href="/cdn-cgi/l/email-protection#11706365787e7c3f7c3f7a7e6265787e647a517770703f767e67"><span class="__cf_email__" data-cfemail="50312224393f3d7e3d7e3b3f2324393f253b103631317e373f26">[email protected]</span></a>@faa.gov.
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 proposed special conditions,
explain the reason for any recommended change, and include supporting
data.
On September 26, 2022, NAT applied for a Supplemental Type
Certificate to install suites in the passenger cabin of Boeing Model
787-9 series airplanes. While the comment period provided by the FAA
for proposed special conditions has typically been thirty days, the FAA
is providing twenty days in this instance, due to the pendency of the
anticipated delivery date for the affected airplane models.
The FAA will consider all comments received by the closing date for
comments, and will consider comments filed late if it is possible to do
so without incurring delay. The FAA may change these special conditions
based on the comments received.
Privacy
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received without change to
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about these special conditions.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
these special conditions contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to these special
conditions, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and the indicated comments will not be
placed in the public docket of these proposed special conditions. Send
submissions containing CBI to the individual listed in the For Further
Information Contact section above. Comments the FAA receives, which are
not specifically designated as CBI, will be placed in the public docket
for these proposed special conditions.
Background
As stated above, NAT applied for a supplemental type certificate
for the installation of suites in the passenger cabin in Boeing Model
787-9 series airplanes. The Boeing Model 787-9 airplane, currently
approved under Type Certificate No. T00021SE, is a twin-engine
transport category airplane, with a maximum seating capacity for 420
passengers, and a maximum take-off weight of 553,000 pounds.
Type Certification Basis
Under the provisions of 14 CFR 21.101, NAT must show that the
Boeing Model 787-9 airplane, as changed, continues to meet the
applicable provisions of the regulations listed in Type Certificate No.
T00021SE or the applicable regulations in effect on the date of
application for the change, except for earlier amendments as agreed
upon by the FAA.
[[Page 63846]]
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 787-9 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 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 787-9 airplane must comply with the
exhaust-emission requirements of 14 CFR part 34, and the noise-
certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec. 11.38, and they become part of the type-
certification basis under Sec. 21.101.
Novel or Unusual Design Features
The Boeing Model 787-9 airplane will incorporate the following
novel or unusual design feature:
Single-passenger suites with high walls that diminish occupant
awareness of their surroundings in emergency situations. These suites
are considered a novel design for transport category airplanes and were
not considered when applicable airworthiness standards were created.
Discussion
For the Model 787-9 airplane, NAT has proposed a customer option
for the installation of six high wall suites (HWS) arranged in two rows
of three suites each in a 1-1-1 configuration. The characteristics of
this HWS design are unique such that the suite walls are higher than
conventional mini-suites with partial height surroundings. While the
walls for these suites do not extend fully up from the floor to the
ceiling, such as those found in traditional ``high wall'' suites, their
wall height of 60 inches is greater than the eye level of a 5th
percentile female, impeding visual awareness and egress. These suites
are also not remote from the main cabin (such as overhead crew rests).
Additionally, the design of these suites is novel in the inclusion of
berths that are accessible to the occupant of the suite during flight,
unlike previous high wall suite designs.
Part 25 in its current form does not have regulations that address
suite installations in the cabin with walls of height that reduce
occupant visibility and situational awareness.
Due to the novel design features of these HWS, suitable passenger
alerting, supplemental oxygen, and firefighting equipment and
procedures are needed for this configuration to ensure occupant
awareness in emergency situations. Furthermore, the proposed suite
design necessitates the development of additional special conditions,
including, but not limited to crew procedures for managing hazards and
suite occupants, as well as maintaining cabin-egress route dimensions
after deformation of the walls and seats.
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.
Applicability
As discussed above, these proposed special conditions are
applicable to Boeing Model 787-9 series airplanes. 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 apply to the
other model as well.
Conclusion
This action affects only a certain novel or unusual design feature
on one model 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.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
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 787-9 series airplanes, as modified by NAT.
The suites must have the following features:
1. A supplemental oxygen system with the following:
a. Oxygen masks for each seat and berth installed in the suite that
meets the same 14 CFR part 25 regulations as the supplemental oxygen
system for the main passenger-cabin occupants.
b. An aural and visual alert system to warn occupants and to
indicate the need to don oxygen masks in the event of decompression.
The aural alert must activate concurrently with the deployment of the
oxygen masks in the main passenger cabin and must be loud enough to be
heard and clearly understood from each suite berth and seat location.
c. When an occupant needs to locate and don a deployed oxygen mask,
sufficient levels of lighting to perform this task must be
automatically activated within the suite.
d. Automatic presentation of oxygen for occupants lying in the
berth.
e. If a chemical oxygen generator is used as the oxygen supply
source, the suite oxygen installation must meet Sec. Sec. 25.795(d)
and 25.1450 at amendment 25-138 or higher.
2. The design approval holder must provide operating procedures to
move suite occupants when smoke is present, or firefighting is
occurring near or in the suites, for incorporation into the operator's
training programs and appropriate operational manuals:
a. A limitation must be included in the airplane flight manual
(AFM) requiring that crewmembers be trained in the operating procedures
related to the suites.
3. The design of each suite, and the location of the firefighting
equipment where suites are installed, must allow the crewmembers to
conduct effective firefighting in the suite. For a manual, hand-held
extinguishing system (designed as the sole means to fight a fire) for
the suite:
a. A limitation must be included in the AFM requiring that
crewmembers be trained in the firefighting procedures.
b. Each suite design must allow crewmembers equipped for
firefighting to have unrestricted access to all parts of the suite
compartment.
4. Approved procedures describing the methods for searching the
suite compartment for fire sources must be established. These
procedures should include a drawing or photo clearly indicating the
location of the stowage drawer and other potential sources of smoke
(e.g., the monitor). They must be transmitted to the operator for
incorporation into their training programs and appropriate operations
manuals.
5. If a berth is installed, occupancy of each suite is limited to a
single passenger.
[[Page 63847]]
a. Each berth installed in the suite must incorporate a safety belt
that meets Sec. 25.785(f).
b. Each berth must be placarded to indicate the appropriate
orientation of the occupant's head direction.
c. Each berth cushion must meet Sec. 25.853(c).
6. If waste-disposal receptacles are fitted in the suite, the suite
must be equipped with an automatic fire-extinguishing system that meets
the performance requirements of Sec. 25.854(b).
7. The design of each suite must:
a. Maintain minimum main aisle(s), cross aisle(s), and
passageway(s) required by 14 CFR part 25 requirements when subjected to
the ultimate inertia forces listed in Sec. 25.561(d).
b. Prevent structural failure or deformation of components that
could block access to the available evacuation routes (e.g., seats,
doors, contents of stowage compartments, etc.).
8. In addition to the requirements of Sec. 25.562 for seat
systems, which are occupiable during taxi, takeoff, and landing, the
suite structure must be designed for the additional loads imposed by
the seats as a result of the conditions specified in Sec. 25.562(b).
Issued in in Kansas City, Missouri, on July 30, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2024-17157 Filed 8-5-24; 8:45 am]
BILLING CODE 4910-13-P
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