
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58589-58593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24726]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-2884; Special Conditions No. 25-595-SC]


Special Conditions: Embraer Model EMB-545 Airplanes; Seats With 
Inflatable Lap Belts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for Embraer Model EMB-545 
airplanes. These airplanes will have a novel or unusual design feature 
associated with seats with inflatable lap belts. 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: The effective date of these special conditions is September 30, 
2015. We must receive your comments by November 16, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-2884 
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 202-493-2251.
    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: Jayson Claar, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98057-
3356; telephone (425) 227-2194, facsimile (425) 227-1232.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for, prior public comment on these special conditions are 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
airplane.
    In addition, the substance of these special conditions has been 
subject to the public-comment process in several prior instances with 
no substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
issuance.

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 October 14, 2010, Embraer S.A. applied for an amendment to Type 
Certificate No. TC00062IB to include the new Embraer Model EMB-545 
airplane. These special conditions allow installation of inflatable lap 
belts for head-injury protection on certain seats in Embraer Model EMB-
545 airplanes.
    The Embraer Model EMB-545 airplane is a derivative of the Model 
EMB-550 airplane currently approved under Type Certificate No. 
TC00062IB.

[[Page 58590]]

As compared to the Model EMB-550, the Model EMB-545 fuselage is one 
meter shorter; the section ahead of the wing is 0.65 meters shorter; 
and the section aft of the wing is 0.40 meters shorter.
    The fuselage length difference is in the pressurized section. The 
Model EMB-545 airplane is designed for an eight-passenger configuration 
and a maximum of nine passengers (including lavatory seat). Like the 
Model EMB-550, the Model EMB-545 airplane primary structure is 
aluminum. Materials other than aluminum will be used in areas with 
unique structural requirements. Advanced composites will be largely 
employed on the high-lift devices (two flaps), spoilers (three panels), 
and control surfaces (aileron). A winglet will be attached to each wing 
tip to further increase airplane aerodynamic efficiency. The empennage 
will be a swept T-tail composed of advanced composite material with 
metallic attachment fittings. The rudder and elevators also will be 
composed of composite material.
    Two Honeywell HTF7500-E medium-bypass-ratio turbofan engines, 
mounted on aft-fuselage pylons, will power the Model EMB-545 airplane. 
Each engine will produce approximately 6,540 lbs. of thrust for normal 
takeoff. However, because the Model EMB-545 is smaller and lighter, 
software will regulate the thrust. The primary flight-control systems 
(elevators, ailerons, rudder, and multi-function spoilers) will be 
electronically controlled and powered by electrohydraulic 
servoactuators using digital fly-by-wire (FBW) technology. The FBW 
flight controls will receive commands directly from the cockpit dual 
sidesticks and conventional rudder pedals.
    Occupants must be protected from head injury, as required by Sec.  
25.785, either by eliminating any injurious object within the striking 
radius of the head, or by installing padding. Traditionally, this has 
required either a setback of 35 inches from any bulkhead or other rigid 
interior feature or, where not practical, the installation of specified 
types of padding. The relative effectiveness of these established means 
of injury protection was not quantified. With the adoption of Amendment 
25-64 to part 25, specifically Sec.  25.562, a new standard was created 
that quantifies required head-injury protection.
    Each seat-type design approved for crew or passenger occupancy 
during takeoff and landing, as required by Sec.  25.562, must 
successfully complete dynamic tests or be demonstrated by rational 
analysis based on dynamic tests of a similar type seat. In particular, 
the regulations require that persons not suffer serious head injury 
under the conditions specified in the tests, and that protection must 
be provided, or the seat be designed, so that head impact does not 
exceed a HIC value of 1,000 units. While the test conditions described 
for HIC are detailed and specific, it is the intent of the requirement 
that an adequate level of head-injury protection be provided for 
passengers in a severe crash.
    Because Sec. Sec.  25.562 and 25.785 and associated guidance do not 
adequately address seats with inflatable lap belts, the FAA recognizes 
that appropriate pass/fail criteria need to be developed that fully 
address the safety concerns specific to occupants of these seats.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Embraer must show that the 
Model EMB-545 airplane meets the applicable provisions of the 
regulations listed in Type Certificate No. TC00062IB, or the applicable 
regulations in effect on the date of application for the change, except 
for earlier amendments as agreed upon by the FAA. The regulations 
listed in the type certificate are commonly referred to as the 
``original type certification basis.'' The regulations incorporated by 
reference in Type Certificate No. TC00062IB are as follows:
    14 CFR part 25, effective February 1, 1965, including Amendments 
25-1 through 25-129, in their entirety. In addition, the certification 
basis includes certain special conditions, exemptions, or later amended 
sections of the applicable part that are not relevant to these special 
conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for Embraer Model EMB-545 airplanes 
because of a novel or unusual design feature, special conditions are 
prescribed under Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified 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, Embraer Model EMB-545 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.
    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

    Embraer Model EMB-545 airplanes will incorporate the following 
novel or unusual design feature: seats with inflatable lap belts.

Discussion

    The inflatable lap belt has two potential advantages over other 
means of head-impact protection. First, it can provide significantly 
greater protection than would be expected with energy-absorbing pads, 
and second, it can provide essentially equivalent protection for 
occupants of all stature. These are significant advantages from a 
safety standpoint, because such devices will likely provide a level of 
safety that exceeds the minimum standards of part 25. Conversely, 
inflatable lap belts in general are active systems and must be relied 
upon to activate properly when needed, as opposed to an energy-
absorbing pad or upper torso restraint that is passive and always 
available. Therefore, the potential advantages must be balanced against 
this and other potential disadvantages to develop standards for this 
design feature.
    The FAA has considered the installation of inflatable lap belts to 
have two primary safety concerns: first, that they perform properly 
under foreseeable operating conditions; and second, that they do not 
perform in a manner or at such times as would constitute a hazard to 
the airplane or occupants. This latter point has the potential to be 
the more rigorous of the requirements, owing to the active nature of 
the system.
    The inflatable lap belt will rely on electronic sensors for 
signaling, and will employ an automatic inflation mechanism for 
activation, so that it is available when needed. These same devices 
could be susceptible to inadvertent activation, causing deployment in a 
potentially unsafe manner. The consequences of such deployment must be 
considered in establishing the reliability of the system. Embraer must 
substantiate that the effects of an inadvertent deployment in flight 
are either not a hazard to the airplane, or that such deployment is an 
extremely improbable occurrence (less than 10-9 per flight 
hour). The effect of an inadvertent deployment on a

[[Page 58591]]

passenger or crewmember that might be positioned close to the 
inflatable lap belt should also be considered. The person could be 
either standing or sitting. A minimum reliability level will have to be 
established for this case, depending upon the consequences, even if the 
effect on the airplane is negligible.
    The potential for an inadvertent deployment could be increased as a 
result of conditions in service. The installation must take into 
account wear and tear so that the likelihood of an inadvertent 
deployment is not increased to an unacceptable level. In this context, 
an appropriate inspection interval and self-test capability are 
considered necessary. Other outside influences are lightning and high-
intensity radiated fields (HIRF). Existing regulations regarding 
lightning, Sec.  25.1316, and HIRF, Sec.  25.1317, are applicable. For 
compliance with those conditions, if inadvertent deployment could cause 
a hazard to the airplane, the inflatable lap belt is considered a 
critical system; if inadvertent deployment could cause injuries to 
persons, the inflatable lap belt should be considered an essential 
system. Finally, the inflatable lap-belt installation should be 
protected from the effects of fire, so that an additional hazard is not 
created by, for example, a rupture of a pyrotechnic squib.
    To function as an effective safety system, the inflatable lap belt 
must function properly and must not introduce any additional hazards to 
occupants as a result of its functioning. The inflatable lap belt 
differs variously from traditional occupant-protection systems and 
requires special conditions to ensure adequate performance.
    Because the inflatable lap belt is essentially a single-use device, 
it could potentially deploy under crash conditions that are not 
sufficiently severe as to require head-injury protection from the 
inflatable lap belt. And because an actual crash is frequently composed 
of a series of impacts before the airplane comes to rest, this could 
render the inflatable lap belt useless if a larger impact follows the 
initial impact. This situation does not exist with energy-absorbing 
pads or upper-torso restraints, which tend to provide continuous 
protection regardless of severity or number of impacts in a crash 
event. Therefore, the inflatable lap-belt installation should be such 
that the inflatable lap belt will provide protection when it is 
required, by not expending its protection during a less-severe impact. 
Also, it is possible to have several large impact events during the 
course of a crash, but there will be no requirement for the inflatable 
lap belt to provide protection for multiple impacts.
    Given that each occupant's restraint system provides protection for 
that occupant only, the installation must address unoccupied seats. It 
will be necessary to show that the required protection is provided for 
each occupant regardless of the number of occupied seats, and that 
unoccupied seats may have lap belts that are active.
    The inflatable lap belt should be effective for a wide range of 
occupants. The FAA has historically considered the range from the 5th 
percentile female to the 95th percentile male as the range of occupants 
that must be taken into account. In this case, the FAA is proposing 
consideration of a broader range of occupants due to the nature of the 
lap-belt installation and its close proximity to the occupant. In a 
similar vein, these persons could have assumed the brace position for 
those accidents where an impact is anticipated. Test data indicate that 
occupants in the brace position do not require supplemental protection, 
so it would not be necessary to show that the inflatable lap belt will 
enhance the brace position. However, the inflatable lap belt must not 
introduce a hazard when it is deployed into a seated, braced occupant.
    Another area of concern is the use of seats so equipped by 
children, whether they are lap-held, sitting in approved child-safety 
seats, or occupying the seat directly. Although specifically prohibited 
by FAA operating regulations, the use of the supplementary loop belt 
(``belly belt'') may be required by other civil aviation authorities, 
and should also be considered with the end goal of meeting those 
regulations. Similarly, if the seat is occupied by a pregnant woman, 
the installation needs to address such usage, either by demonstrating 
that it will function properly, or by adding appropriate limitation on 
usage.
    The inflatable lap belt will be electrically powered. Likewise, the 
system could possibly fail due to a separation in the fuselage. Because 
this system is intended as crash/post-crash protection means, failure 
due to fuselage separation is not acceptable. As with emergency 
lighting, the restraint system should function properly if such a 
separation occurs at any point in the fuselage.
    Because the inflatable lap belt is likely to have a large volume 
displacement, the inflated bag could potentially impede egress of 
passengers. However, the lap-belt bag deflates to absorb energy, so it 
is likely that an inflatable lap belt would be deflated by the time 
passengers begin to leave their seats. Nonetheless, it is appropriate 
to specify a time interval after which the inflatable lap belt may not 
impede rapid egress. The maximum time allowed for an exit to open fully 
after actuation is 10 seconds, according to Sec.  25.809(b)(2). 
Therefore, the FAA has established 10 seconds as the time interval that 
the inflatable lap belt must not impede rapid egress from the seat 
after it is deployed. In actuality, it is unlikely that a flight 
attendant would prepare an exit this quickly in an accident severe 
enough to warrant deployment of the inflatable lap belt. The inflatable 
lap belt will likely deflate much more quickly than 10 seconds.
    This potential impediment to rapid egress is even more critical at 
the seats installed in the emergency-exit rows. Installation of 
inflatable restraints at the Type III exit rows presents different 
egress concerns as compared with front-row seats. However, the need to 
address egress is already part of the special conditions, so there is 
no change to the special conditions at this time. As noted below, the 
method of compliance with the special conditions may involve specific 
considerations when an inflatable restraint is installed at Type III 
exits. Section 25.813 clearly requires access to the exit from the main 
aisle in the form of an unobstructed passageway, and no interference in 
opening the exit. The restraint system must not create an impediment to 
the access to, and the opening of, the exit. These lap belts should be 
evaluated in the exit row under existing regulations (Sec. Sec.  25.809 
and 25.813) and guidance material. The inflatable lap belts must also 
be evaluated in post-crash conditions, and should be evaluated using 
representative restraint systems in the bag-deployed condition.
    This evaluation would include reviewing the access to, and opening 
of, the exit, specifically for obstructions in the egress path; and any 
interferences in opening the exit. Each unique interior configuration 
must be considered, e.g., passageway width, single or dual passageways 
with outboard seat removed, etc. If the restraint creates any 
obstruction or interference, it is likely that it could impede rapid 
egress from the airplane. In some cases, the passenger is the one who 
will open the exit, such as a Type III over-wing hatch. Project-
specific means-of-compliance guidance is likely necessary if these 
restraint systems are installed at the Type III exit rows.
    Note that the special conditions are applicable to the inflatable 
lap-belt system as installed. The special conditions are not an 
installation approval. Therefore, while the special

[[Page 58592]]

conditions relate to each such system installed, the overall 
installation approval is separate, and must consider the combined 
effects of all such systems installed.
    Embraer will install inflatable lap belts, a novel design feature, 
on certain seats of Model EMB-545 airplanes, to reduce the potential 
for head injury if an accident occurs. The inflatable lap belt works 
similar to an automotive inflatable air bag, except that the air bag in 
the Embraer design is integrated into the lap belt of the restraint 
system.
    The performance criteria for head-injury protection in objective 
terms is stated in Sec.  25.562. However, none of these criteria are 
adequate to address the specific issues raised concerning seats with 
inflatable lap belts. The FAA has therefore determined that, in 
addition to the requirements of part 25, special conditions are needed 
to address requirements particular to the installation of seats with 
inflatable lap belts.
    Accordingly, in addition to the passenger-injury criteria specified 
in Sec.  25.785, these special conditions are proposed for Embraer 
Model EMB-545 airplanes equipped with inflatable lap belts. Other 
conditions may be developed, as needed, based on further FAA review and 
discussions with the manufacturer and civil-aviation authorities.
    For a passenger-safety system, the inflatable lap belt is unique in 
that it is both an active and entirely autonomous device. While the 
automotive industry has good experience with inflatable air bags, the 
conditions of use and reliance on the inflatable lap belt as the sole 
means of injury protection are quite different. In automobile 
installations, the air bag is a supplemental system and works in 
conjunction with an upper-torso restraint. In addition, the crash event 
is more definable and typically of shorter duration, which can simplify 
the activation logic. The airplane-operating environment is also quite 
different from automobiles and includes the potential for greater wear 
and tear, and unanticipated abuse conditions (due to galley loading, 
passenger baggage, etc.). Airplanes also operate where exposure to HIRF 
could affect the lap-belt activation system.
    Part I of Appendix F to part 25 specifies the flammability 
requirements for interior materials and components. There is no 
reference to inflatable restraint systems in Appendix F, because such 
devices did not exist at the time the flammability requirements were 
written. The existing requirements are based on material types as well 
as use, and have been specified in light of state-of-the-art materials 
available to perform a given function. Without a specific reference, 
the default requirement would apply to the type of material used in 
making the inflatable restraint, which is a fabric in this case. 
However, in writing special conditions, the FAA must also consider the 
use of the material, and whether the default requirement is 
appropriate. In this case, the specialized function of the inflatable 
restraint means that highly specialized materials are needed. The 
standard normally applied to fabrics is a 12-second vertical ignition 
test. However, materials that meet this standard do not perform 
adequately as inflatable restraints. Because the safety benefit of the 
inflatable restraint is significant, the flammability standard 
appropriate for these devices should not screen out suitable materials 
and thereby effectively eliminate the use of inflatable restraints. The 
FAA must establish a balance between the safety benefit of the 
inflatable restraint and its flammability performance. Presently, the 
2.5-inch-per-minute horizontal test is considered to provide that 
balance. As the state-of-the-art in materials progresses (which is 
expected), the FAA may change this standard in subsequent special 
conditions to account for improved materials.
    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.

Applicability

    These special conditions are applicable to Embraer Model EMB-545 
airplanes. Should Embraer apply at a later date for a change to the 
type certificates to include another model that incorporates the same 
novel or unusual design feature, or should any other model already 
included on the same type certificate be modified 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 certain novel or unusual design features 
on Embraer Model EMB-545 airplanes. It is not a rule of general 
applicability, and it affects only Embraer Model EMB-545 airplanes 
listed on amended Type Certificate No. TC00062IB.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.


0
The authority citation for these special conditions is as follows:

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

The Special Conditions

0
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 Embraer Model EMB-545 airplanes with 
inflatable lap belts installed.
    1. The inflatable lap belt must be shown to deploy and provide 
protection under crash conditions where it is necessary to prevent 
serious head injury. The means of protection must take into 
consideration a range of stature from a two-year-old child to a 95th 
percentile male. The inflatable lap belt must provide a consistent 
approach to energy absorption throughout that range of occupants. In 
addition, the following situations must be considered.
    The seat occupant is:

     holding an infant
     a child in a child-restraint device
     a child not using a child-restraint device
     a pregnant woman

    2. The inflatable lap belt must provide adequate protection for 
each occupant regardless of the number of occupants of the seat 
assembly, considering that unoccupied seats may have an active airbag 
system in the lap belt.
    3. The design must prevent the inflatable lap belt from being 
either incorrectly buckled or incorrectly installed such that the 
inflatable lap belt would not properly deploy. Alternatively, it must 
be shown that such deployment is not hazardous to the occupant, and 
will provide the required head-injury protection.
    4. The inflatable lap-belt system must be shown not to be 
susceptible to inadvertent deployment as a result of wear and tear, or 
inertial loads resulting from in-flight or ground maneuvers (including 
gusts and hard landings), likely to be experienced in service.
    5. Deployment of the inflatable lap belt must not introduce injury 
mechanisms to the seated occupant, nor result in injuries that could 
impede rapid egress. This assessment should include an occupant who is 
in the brace position when it deploys, and an occupant whose inflatable 
lap belt is loosely fastened.
    6. An inadvertent deployment that could cause injury to a standing 
or sitting person must be shown to be improbable.
    7. It must be shown that inadvertent deployment of the airbag 
system in the lap belt, during the most critical part of the flight, 
either will not cause a hazard

[[Page 58593]]

to the airplane or its occupants, or meets the requirement of Sec.  
25.1309(b).
    8. The inflatable lap belt must be shown to not impede rapid egress 
of occupants 10 seconds after its deployment.
    9. The inflatable lap-belt system must be protected from lightning 
and HIRF. The threats specified in existing regulations regarding 
lightning, Sec.  25.1316, and HIRF, Sec.  25.1317, are incorporated by 
reference for the purpose of measuring lightning and HIRF protection. 
For the purposes of complying with HIRF requirements, the inflatable 
lap-belt system is considered a ``critical system'' if its deployment 
could have a hazardous effect on the airplane; otherwise it is 
considered an ``essential'' system.
    10. The inflatable lap belt must function properly after loss of 
normal airplane electrical power, and after a transverse separation of 
the fuselage at the most critical location. A separation at the 
location of the lap belt does not have to be considered.
    11. The inflatable lap belt must be shown to not release hazardous 
quantities of gas or particulate matter into the cabin.
    12. The inflatable lap-belt installation must be protected from the 
effects of fire such that no hazard to occupants will result.
    13. A means must be available for a crewmember to verify the 
integrity of the inflatable-lap-belt-activation system prior to each 
flight, or it must be demonstrated to reliably operate between 
inspection intervals.
    14. The inflatable material may not have an average burn rate of 
greater than 2.5 inches per minute when tested using the horizontal-
flammability test as defined in 14 CFR part 25, Appendix F, Part 
I(b)(5).
    15. The airbag system in the lap belt, once deployed, must not 
adversely affect the emergency-lighting system (i.e., block floor-
proximity lights to the extent that the lights no longer meet their 
intended function).

    Issued in Renton, Washington, on September 2, 2015.
Jeffrey E. Duven
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24726 Filed 9-29-15; 8:45 am]
 BILLING CODE 4910-13-P


