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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

CFR Citation: 14 CFR Part 25

Docket ID: [Docket No. NM353; Special Conditions No. 25-332-SC]

NOTICE: RULES

ACTION: Airworthiness standards:

DOCUMENT ACTION: Final special conditions; request for comments.

SUBJECT CATEGORY: Special Conditions: Boeing Model 767-300 Series Airplanes; Forward Lower Lobe Crew Rest Module (CRM)

DATES: Effective Date: The effective date for these special conditions is September 11, 2006 We must receive any comments by November 13, 2006.

DOCUMENT SUMMARY: These special conditions are issued for Boeing Model 767-300 series airplanes. These airplanes, modified by TIMCO Aviation Services, Inc. (TIMCO), will have a novel or unusual design feature associated with a forward lower lobe crew rest module (CRM). 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.

SUMMARY: Special conditions—; Boeing Model 767-300 series airplanes,


SUPPLEMENTAL INFORMATION

Comments Invited

The FAA has determined that notice and opportunity for prior public comment is impracticable, because these procedures would significantly delay certification and thus delivery of the affected airplanes. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective upon issuance; however, 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 ask that you send us two copies of written comments.

We will file in the docket all comments we receive as well as a report summarizing each substantive public contact with FAA personnel concerning these special conditions. You may inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late, if it is possible to do so without incurring expense or delay. We may change these special conditions, based on the comments we receive.

If you want the FAA to acknowledge receipt of your comments on these special conditions, include with your comments a preaddressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you.

Background

On January 24, 2006, TIMCO Aviation Services, Inc. (TIMCO) applied for a supplemental type certificate to permit installation of a forward lower lobe crew rest module (CRM) in Boeing 767300 series airplanes.

The CRM will be a onepiece, selfcontained unit to be installed under the passenger cabin floor in the aft portion of the forward cargo compartment. It will be mounted on a pallet compatible with the existing cargo loading system and may be easily installed or removed from the aircraft. The CRM will be occupied only in flightnot during taxi, takeoff, or landingand no more than six crewmembers may occupy it at a time. The module will have an approved berth able to withstand the maximum flight loads for each occupant permitted in it and will contain a smoke detection system, a fireextinguishing system, an oxygen system, and occupant amenities.

The CRM requires two entry hatches in the main deck area. The floor structure will be modified to provide access for the main entry hatch and the emergency access hatch.

Type Certification Basis

Under the provisions of Sec. 21.101, TIMCO must show that Boeing Model 767300 series airplanes with the CRM continue to meet either: (1) The applicable provisions of the regulations incorporated by reference in Type Certificate No. A1NM, or
(2) The applicable regulations in effect on the date of TIMCO's application for the change.

The regulations incorporated by reference in the type certificate are commonly referred to as the ``original type certification basis.'' The certification basis for Boeing Model 767300 series airplanes is 14 CFR part 25, as amended by Amendments 251 through 2537. Refer to Type Certificate No. A1NM for a complete description of the certification basis for this model.

According to 14 CFR 21.16, if the Administrator finds that the applicable airworthiness regulations do not contain adequate or appropriate safety standards for the Boeing Model 767300 series airplanes because of a novel or unusual design feature, she or he prescribes special conditions for the airplane.

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As defined in 14 CFR 11.19, special conditions are issued in accordance with 14 CFR 11.38 and become part of the type certification basis in accordance with 14 CFR 21.101.

Special conditions are initially applicable to the model for which they are issued. If the type certificate for that model is amended to include any other model that incorporates the same or similar novel or unusual design feature, the special conditions would also apply to that model. Similarly, if any other model already included on the same type certificate is modified to incorporate the same or similar novel or unusual design feature, the special conditions would apply to that other model under the provisions of 14 CFR 21.101.

In addition to the applicable airworthiness regulations and special conditions, Boeing Model 767300 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.

Novel or Unusual Design Features

While installation of a CRM is not a new concept for large transport category airplanes, each module has unique features based on its design, location, and use. The CRM to be installed on the Boeing Model 767300 series airplanes is novel in that
(1) It will be located below the passenger cabin floor in the aft portion of the forward cargo compartment, and
(2) It has a maintenance door, which allows access to and from the cargo compartment.

Because of the novel or unusual features associated with the installation of a CRM, special conditions are considered necessary to provide a level of safety equal to that established by the airworthiness regulations incorporated by reference in the type certificates of these airplanes. These special conditions do not negate the need to address other applicable part 25 regulations.

Operational Evaluations and Approval

These special conditions specify requirements for design approvals (i.e., type design changes and supplemental type certificates) of CRMs administered by the FAA's Aircraft Certification Service. The FAA's Flight Standards Service, Aircraft Evaluation Group, must evaluate and approve the ``basic suitability'' of the CRM for occupation by crewmember before the module may be used. If an operator wishes to use a CRM as ``sleeping quarters,'' the module must undergo an additional operational evaluation and approval. The Aircraft Evaluation Group would evaluate the CRM for compliance to Sec. Sec. 121.485(a) and 121.523(b), with Advisory Circular 12131, Flight Crew Sleeping Quarters and Rest Facilities, providing one method of compliance to these operational regulations.

To obtain an operational evaluation, the supplemental type design holder must contact the Aircraft Evaluation Group within the Flight Standards Service which has operational approval authority for the project. In this instance, it is the Seattle Aircraft Evaluation Group. The supplemental type design holder must request a ``basic suitability'' evaluation or a ``sleeping quarters'' evaluation of the crew rest module. The supplemental type design holder may make this request concurrently with the demonstration of compliance with these special conditions.

The Boeing Model 767300 Flight Standardization Board Report Appendix will document the results of these evaluations. In discussions with the FAA Principal Operating Inspector, individual operators may refer to these standardized evaluations as the basis for an operational approval, instead of an onsite operational evaluation.

Any change to the approved CRM configuration requires an operational reevaluation and approval, if the change affects any of the following:

  • Procedures for emergency egress of crewmembers,
  • Other safety procedures for crewmembers occupying the CRM, or
  • Training related to these procedures.

    The applicant for any such change is responsible for notifying the Seattle Aircraft Evaluation Group that a new evaluation of the CRM is required.

    All instructions for continued airworthiness, including service bulletins, must be submitted to the Seattle Aircraft Evaluation Group for approval before the FAA approves the modification.

    Discussion of Proposed Special Conditions No. 9 and 12

    The following clarifies the intent of proposed Special Condition No. 9 relative to the requirements of Sec. 25.1439(a):

    Amendment 2538 modified the requirements of Sec. 25.1439(a) by adding,
    ``In addition, protective breathing equipment must be installed in each isolated separate compartment in the airplane, including upper and lower lobe galleys, in which crewmember occupancy is permitted during flight for the maximum number of crewmembers expected to be in the area during any operation.''

    The CRM is an isolated, separate compartment, so Sec. 25.1439(a) is applicable. However, the requirements of Sec. 25.1439(a) for protective breathing equipment in isolated, separate compartments are not appropriate, because the CRM is novel and unusual in terms of the number of occupants.

    In 1976 when Amendment 2538 was adopted, small galleys were the only isolated, separate compartments that had been certificated. Two crewmembers were the maximum expected to occupy those galleys.

    These special conditions address a CRM which can accommodate up to six crewmembers. This number of occupants in an isolated, separate compartment was not envisioned at the time Amendment 2538 was adopted. It is not appropriate for all occupants to don protective breathing equipment in the event of a fire, because the first action should be for each occupant to leave the confined space, unless that occupant is fighting the fire. Taking the time to don protective breathing equipment would prolong the time for the emergency evacuation of the occupants and possibly interfere with efforts to extinguish the fire.

    In regard to proposed Special Condition No. 12, the FAA considers that during the 1minute smoke detection time, penetration of a small quantity of smoke from the this forward lower lobe CRM into an occupied area of the airplane would be acceptable, given the limitations in these special conditions. The FAA considers that the special conditions place sufficient restrictions on the quantity and type of material allowed in crew carryon bags that the threat from a fire in the remote CRM would be equivalent to the threat from a fire in the main cabin. Applicability

    As discussed above, these special conditions are applicable to Boeing Model 767300 series airplanes as modified by TIMCO to include a forward lower lobe CRM. If TIMCO applies at a later date for a change to the supplemental type certificate to include another model listed on the same type certificate data sheet which incorporates the same or similar novel or unusual design feature, these special conditions would also apply to that model.

    Conclusion

    This action affects only certain novel or unusual design features on Boeing Model 767300 series airplanes. It is not a rule of general applicability, and it affects only the applicant which applied to the FAA for approval of these features on the airplane.
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    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 Boeing Model 767300 series airplanes, modified by TIMCO.

    1. Occupancy of the forward lower lobe crew rest module (CRM) is limited to the total number of installed bunks and seats in each module. There must be an approved seat or berth able to withstand the maximum flight loads when occupied for each occupant permitted in the CRM. The maximum occupancy in the CRM is six.
    (a) There must be appropriate placard(s) displayed in a conspicuous place at each entrance to the CRM to indicate the following: (1) The maximum number of occupants;
    (2) Occupancy is restricted to crewmembers who are trained in evacuation procedures for the CRM;
    (3) Occupancy is prohibited during taxi, takeoff and landing; (4) Smoking is prohibited in the CRM;
    (5) Hazardous quantities of flammable fluids, explosives, or other dangerous cargo are prohibited in the CRM.
    (6) Stowage in the CRM must be limited to emergency equipment, airplanesupplied equipment (e.g., bedding), and crew personal luggage. Cargo or passenger baggage is not allowed.
    (b) There must be at least one ashtray located conspicuously on or near the entry side of any entrance to the CRM.
    (c) There must be a means to prevent passengers from entering the CRM in the event of an emergency or when no flight attendant is present.
    (d) There must be a means for any door installed between the CRM and the passenger cabin to be opened quickly from inside the module, even when crowding occurs at each side of the door.
    (e) For all doors installed in the evacuation routes, there must be a means to prevent anyone from being trapped inside the module. 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 module at any time.

    2. There must be at least two emergency evacuation routes, each of which can be used by each occupant of the CRM to rapidly evacuate to the main cabin. The exit door/hatch for each route must be able to be closed from the main cabin after evacuation of the CRM. In addition (a) The routes must be located with one at each end of the module or with two having sufficient separation within the module and between the routes to minimize the possibility of an event (either inside or outside the CRM) rendering both routes inoperative.
    (b) The routes must minimize the possibility of blockage which might result from fire, mechanical or structural failure or from persons standing on top of or against the escape route. If an evacuation route uses an area where normal movement of passengers occurs, it must be demonstrated that passengers would not impede egress to the main deck. If a hatch is installed in an evacuation route, the point at which the evacuation route terminates in the passenger cabin should not be located where normal movement by passengers or crew occurs. Examples include the main aisle, cross aisle, passageway, or galley complex. If it is not possible to avoid such a location there must be a means of ensuring that the hatch or door can be opened when a person, the weight of a ninetyfifth percentile male, is standing on the hatch or door. The use of evacuation routes must not depend on any powered device. If there is low headroom at or near an evacuation route, there must be provisions to prevent or to protect occupants of the CRM from head injury.
    (c) There must be emergency evacuation procedures, including procedures for the emergency evacuation of an incapacitated occupant from the crew rest module. All of these procedures must be transmitted to all operators for incorporation into their training programs and appropriate operational manuals.
    (d) There must be a limitation in the Airplane Flight Manual or other suitable means of requiring training in the use of evacuation routes for the crewmembers.

    3. There must be a means for the evacuation of an incapacitated person representative of a 95th percentile male from the CRM to the passenger cabin floor. The evacuation must be demonstrated for all evacuation routes. A flight attendant or other crewmember (a total of one assistant within the CRM) may provide assistance in the evacuation. Up to three persons in the main passenger compartment may provide additional assistance. For evacuation routes having stairways, the additional assistants may descend to one half the elevation change from the main deck to the lower deck compartment or to the first landing, whichever is higher.

    4. The following signs and placards must be provided in the CRM: (a) At least one exit sign located near each exit which meets the requirements of Sec. 25.812(b)(1)(i) at Amendment 2558. However, the exit sign may have a 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 (e.g., white, cream or light beige). If the material surrounding the exit sign is not light in color, an exit sign with a minimum of a oneinch wide background border around the letters would also be acceptable. (b) An appropriate placard located near each exit, defining the location and the operating instructions for each evacuation route; (c) Placards must be readable from a distance of 30 inches under emergency lighting conditions; and
    (d) The exit handles and placards for each evacuation route (see 4.(b) above) must be illuminated to at least 160 micro lamberts under emergency lighting conditions.

    5. In the event of failure of the airplane's main power system or of the normal lighting system for the CRM, there must be a means to automatically provide emergency illumination to the CRM.
    (a) This emergency illumination must be independent 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 for the occupants of the CRM to locate and transfer to the main passenger cabin floor by means of each evacuation route.
    (d) If the privacy curtains are in the closed position, the illumination level must be sufficient for each occupant of the CRM to locate a deployed oxygen mask.

    6. There must be means for twoway voice communications between crewmembers on the flightdeck and occupants of the CRM. There must also be public address system microphones at each flight attendant seat which is required to be near a floor level exit in the passenger cabin per Sec. 25.785(h) at Amendment 2551. The public address system must allow twoway voice
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    communications between flight attendants and the occupants of the CRM. However, one microphone may serve more than one exit, if the proximity of the exits allows unassisted verbal communication between seated flight attendants.

    7. There must be a means for manual activation of an aural emergency alarm system, audible during normal and emergency conditions, to enable crewmembers on the flightdeck and at each pair of required floor level emergency exits to alert occupants of the CRM of an emergency situation. Use of a public address or crew interphone system will be acceptable, provided it has an adequate means of
    differentiating between normal and emergency communications. The system must be powered in flight for at least ten minutes after the shutdown or failure of all engines and auxiliary power units or the disconnection or failure of all power sources which depend on the continued operation of the engines and auxiliary power units.

    8. There must be a means, readily detectable by seated or standing occupants of the CRM, of indicating when the occupants must fasten their seat belts. In the event there are no seats, there must be at least one means to address anticipated turbulence (e.g., sufficient handholds). Seat belt type restraints must be provided for berths and must be compatible for the sleeping attitude during cruise conditions. There must be a placard on each berth requiring that seat belts be fastened when the berth is occupied. If compliance with any of the other requirements of these special conditions is predicated on specific head location, there must be a placard identifying the head position.

    9. In lieu of the requirements specified in Sec. 25.1439(a) at Amendment 2538 that pertain to isolated compartments and to provide a level of safety equivalent to that which is provided occupants of a small, isolated galley, the following equipment must be provided in the

    FOR FURTHER INFORMATION CONTACT Jayson Claar, FAA, Airframe/Cabin Safety Branch, ANM115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington, 980573356; telephone (425) 2272194; facsimile (425) 2271320.


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