[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Rules and Regulations]
[Pages 14122-14125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05325]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2016-8247; Special Conditions No. 25-652-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: Final special conditions.
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SUMMARY: These special conditions are issued 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 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: Effective April 17, 2017.
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 425-227-2785; facsimile 425-227-1320.
SUPPLEMENTARY INFORMATION:
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, as
changed, 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-
[[Page 14123]]
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 cargo 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 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 cargo 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 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.
Discussion of Comments
Notice of Proposed Special Conditions No. 25-16-08-SC for the
Boeing Model 777-200 airplane, as modified by Aerocon, was published in
the Federal Register on October 26, 2016 (81 FR 74350). The FAA
received 6 comments from two commenters.
The Boeing Company (Boeing) comment 1 states, in pertinent part,
that,
In addition to items 1 through 9, the following additional
features should be considered in providing the necessary protection
to passengers as required by Sec. 25.857(c):
Amount of time hatch to be left in the open condition--with the
hatch open it is conceivable that the smoke detection system could
be disrupted due to the change in air flow.
Similar access to class E compartments has required that the
door/hatch remain closed while the occupant is in the compartment to
minimize the time that the barrier between cargo compartment and
occupied areas is compromised.
The FAA concurs that the airflow in the Class C cargo compartment
would be affected during the time the access door is open. However, the
intended provision of access to the lower-deck Class C cargo
compartment is to enable a crewmember (in this case, a flight
attendant) to place trash in a palletized container. The duration
during which the access door is opened is expected to be very brief. If
a fire occurs in the Class C cargo compartment during the time the
crewmember is present, then the crew procedure requires vacating the
compartment immediately and informing the flight crew after closing the
access door. After the door is closed, the normal ventilation flow in
the compartment should be reestablished, and the built-in fire
detection system should provide annunciation of a fire to the flight
deck within the required time, per 14 CFR 25.858.
The FAA finds that the limited time during which a crewmember is
present in the Class C cargo compartment, and the access door is open,
should not result in an appreciable increase in the fire risk. The FAA
made no changes to the proposed special conditions in response to this
comment.
Boeing states that some certified designs with access to Class E
cargo compartments have required a door or hatch to remain closed while
the compartment is occupied. However, the duration of the occupancy of
those configurations may have been for a long period of time for such
tasks as providing care to an animal. As stated previously, these
special conditions pertain to a configuration that permits a limited
duration of cargo-compartment occupancy. The FAA made no changes to the
proposed special conditions in response to this comment.
Boeing comment 2 states, in pertinent part, that,
In addition to items 1 through 9, the following additional
features should be considered in providing the necessary protection
for occupants entering the class C cargo compartment:
Required lighting for visibility of cargo compartment hazards
(shifting cargo, open holes in floor, trip hazards, etc.)
The FAA concurs that the Class C cargo compartment should have
lighting installed to mitigate the hazards that may be encountered. We
have added this requirement to these final special conditions.
Boeing comment 3 states, in pertinent part, that,
Means of communication from hatch to occupant needs to consider
distance from opening to occupant, noise level of compartment.
The FAA concurs that adequate communication procedures must be
established when the crew is accessing the Class C cargo compartment.
We have added this requirement to these final special conditions.
Boeing comment 4 states, in pertinent part, that,
[14] CFR 25.1439 requires the installation of protective
breathing equipment in each isolated separate compartment in which
crew member occupancy is permitted during flight for the maximum
number of crew members expected to be in the area during any
operation.
The FAA concurs that the crew should have protective breathing
equipment available and carried into the compartment if the compartment
is occupied for a significant amount of time. However, as stated
previously, the intended use of the compartment is to place trash in a
palletized container.
The duration of cargo-compartment access required by the applicant
for these special conditions is considered minimal, and therefore the
installation
[[Page 14124]]
of protective breathing equipment is not required. The FAA made no
changes to the proposed special conditions in response to this comment.
Boeing comment 5 states, in pertinent part, that,
[14] CFR 121.309 requires at least one fire extinguisher for
each class E cargo compartment that is accessible to crew members
during flight. Crew members entering class C cargo compartments
should have similar protection to occupants entering class E cargo
compartments.
The FAA acknowledges the intent of Boeing's comment. The fire-
safety design features in a Class C cargo compartment include a total-
flooding fire suppression system that does not rely upon the presence
of a crewmember to fight a fire.
The FAA has stated in different sources, and most recently in a
preamble to Amendment 25-142, that the effectiveness of a crewmember
fighting a fire is limited to small compartments where the crewmember
must be able to reach any part of the compartment using the contents of
a hand-held fire extinguisher, and that access should be a function of
how the compartment is configured, rather than according to compartment
volume.
Considering the volume and configuration of Class C cargo
compartments, the FAA finds that the appropriate procedure for a
crewmember present in a Class C cargo compartment, in the event of a
fire, is to vacate the compartment immediately and inform the flight
crew after closing the access door. In addition, carrying a hand-held
fire extinguisher into the Class C cargo compartment may impede the
crewmember's movements, such as during escape from a Class C cargo
compartment in the event of a fire, and may increase the time the
crewmember is accessing the compartment; both of those scenarios may
increase crewmember risk in the event of a fire. The FAA made no
changes to the proposed special conditions in response to this comment.
Embraer S. A. (Embraer) states, in pertinent part, that,
The proposed special condition for access hatch installed
between the cabin and the class C cargo compartment to allow in-
flight access to the cargo compartment has several requirements that
are different from those used in a similar past special condition
(25-273-SC). The preamble of this special condition notice does not
indicate why these additional requirements are deemed necessary, so
it would be helpful if some explanation was provided for why
additional requirements are now being proposed for this project
since we are unaware of any adverse service history or other
evidence that shows that the requirements used in previous special
conditions are now inadequate.
The relevant additional requirements are:
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.
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.
The FAA concurs with the Embraer comment in that there is a similar
special condition with different requirements. However, Special
Conditions 25-273-SC has other requirements, such as the installation
of warning systems and emergency equipment, that these special
conditions do not require. Instead of these systems and equipment, the
applicant has proposed to limit the use of the operation to private,
not for hire, not for common carriage; and to have a crewmember present
at the access hatch to monitor activity in the Class C cargo
compartment. The FAA determines that Embraer's comment does not
necessitate a change to the proposed special conditions.
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 a certain novel or unusual design feature
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 this feature 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 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 Boeing Model 777-200 airplanes
modified by Aerocon.
1. The flight deck must contain an indicator to advise the
flightcrew when the access hatch for the Class C cargo compartment 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. Adequate
communication procedures must be established between the crewmembers to
maintain verbal contact between the main cabin and the Class C cargo
compartment. These procedures 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. Means must be provided to keep the occupied area of the Class C
cargo compartment illuminated during use.
5. 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.
6. 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.
7. 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.
8. Use of the access hatch, and access to the aft Class C cargo
compartment, is limited to the crew only.
9. 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.
10. 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.
11. Special conditions 5, 7, 8, and 10 must be documented in the
Limitations section of the Airplane Flight Manual.
Note: The airplane owner or operator must contact the
Transportation Security
[[Page 14125]]
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 March 2, 2017.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 2017-05325 Filed 3-16-17; 8:45 am]
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