
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Rules and Regulations]
[Pages 49869-49871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17845]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-6925; Special Conditions No. 25-623-SC]


Special Conditions: Embraer S.A. Model EMB-545 and EMB-550 
Airplanes; Installation of an Airbag System To Limit the Axial Rotation 
of the Upper Leg on Single- and Multiple-Place Side-Facing Seats

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. 
(Embraer) Model EMB-545 and EMB-550 series airplanes. These airplanes 
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 feature is an airbag system designed to limit 
the axial rotation of the upper leg on single-place and multiple-place 
side-facing seats. 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: This action is effective on Embraer on July 29, 2016. We must 
receive your comments by September 12, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-6925 
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

[[Page 49870]]

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 425-227-1320.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval 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 substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
publication in the Federal Register.

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 March 26, 2015, Embraer applied for a type design change for 
their new Model EMB-545 and EMB-550 airplanes. These airplanes, 
currently approved under type certificate no. TC00062IB, are 
conventional configurations with low wing and T-tail empennage. The 
primary structure is metal with composite empennage and control 
surfaces. The EMB-545 is designed for a maximum of 9 passengers and the 
EMB-550 is designed for a maximum of 12 passengers. Both are equipped 
with two Honeywell HTF7500-E medium-bypass-ratio turbofan engines 
mounted on aft-fuselage pylons.
    Both airplane models have an interior configuration that includes 
single- and multiple-place side-facing seats (both seating 
configurations referred to as side-facing seats) that include an airbag 
system in the shoulder belt for these seats, per special conditions no. 
25-495-SC; and an airbag system to limit the axial rotation of the 
upper leg (femur).

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14 
CFR) 21.101, Embraer must show that the Model EMB-545 and EMB-550 
airplanes meet 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.
    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 Model EMB-545 and EMB-550 
airplanes 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 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, the Model EMB-545 and EMB-550 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

    The Model EMB-545 and EMB-550 airplanes will incorporate the 
following novel or unusual design features:
    An airbag system designed to limit the axial rotation of the upper 
leg on single-place and multiple-place side-facing seats.

Discussion

    The FAA has developed a methodology to address all fully side-
facing seats (seats positioned in the airplane with the occupant facing 
90 degrees to the direction of airplane travel), and documented those 
requirements in special conditions 25-495-SC specifically for these 
airplanes, including special conditions for the installation of airbag 
systems in shoulder belts. Special condition 2(e) of those special 
conditions contain safety criteria to address the potential for serious 
upper-leg injuries.
    Serious leg injuries, such as femur fracture, can occur in aviation 
side-facing seats. Such injuries could threaten the occupant's life 
directly or eliminate the occupant's ability to evacuate the airplane. 
Limiting upper-leg axial rotation to a conservative limit of 35 degrees 
(approximately the 50-percentile range of motion) should limit the risk 
of serious leg injury. Research suggests that the angle of rotation can 
be determined by observing lower-leg flailing in typical high-speed 
video of the dynamic tests. Alternately, the anthropomorphic test dummy 
could be instrumented to directly measure upper-leg axial rotation. 
This requirement complies with the intent of the Sec.  25.562(a) injury 
criteria in preventing serious leg injury.
    To comply with special condition 2(e) on some seat positions, 
Embraer proposes to install leg-flail airbags. This airbag is not 
addressed in special conditions 25-495-SC. Therefore, the FAA must 
issue new special conditions to address this leg-flail airbag 
installation. These special conditions are similar to other special 
conditions previously issued for airbags.
    The FAA has issued special conditions in the past for airbag 
systems on lap belts for some forward-facing seats. These special 
conditions for the airbag system in the shoulder belt are based on the 
previous special conditions for airbag systems on lap belts with some 
changes to address the specific issues of side-facing seats. The 
special conditions are not an installation approval. Therefore, while 
the special conditions relate to each such system installed, the 
overall installation approval is a separate finding, and must consider 
the combined effects of all such systems installed.
    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

    As discussed above, these special conditions are applicable to 
Model EMB-545 and EMB-550 airplanes. Should Embraer apply at a later 
date for

[[Page 49871]]

a change to the type certificate to include another model incorporating 
the same novel or unusual design feature, these special conditions 
would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series of airplanes. It is not a rule of general 
applicability.
    The substance of these special conditions has been subjected to the 
notice and comment period in several prior instances and has been 
derived without substantive change from those previously issued. It is 
unlikely that prior public comment would result in a significant change 
from the substance contained herein. Therefore, because a delay would 
significantly affect the certification of the airplane, the FAA has 
determined that prior public notice and comment are unnecessary and 
impracticable, and good cause exists for adopting these special 
conditions upon publication in the Federal Register. The FAA is 
requesting comments to allow interested persons to submit views that 
may not have been submitted in response to the prior opportunities for 
comment described above.

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 Embraer Model EMB-550 and Model-545 
series airplanes.
    In addition to the requirements of Sec. Sec.  25.562 and 25.785, 
and special conditions no. 25-495-SC, the following special conditions 
are part of the type certification basis for the Embraer Model EMB-545 
and EMB-550 series airplanes with leg-flail airbags installed on side-
facing seats.
    1. For seats with a leg-flail airbag system, the system must deploy 
and provide protection under crash conditions where it is necessary to 
prevent serious injury. The means of protection must take into 
consideration a range of stature from a 2-year-old child to a 95th-
percentile male. At some buttock popliteal length and effective seat-
bottom depth, the lower legs will not be able to form a 90-degree angle 
relative to the upper leg; at this point, the lower leg flail would not 
occur. The leg-flail airbag system must provide a consistent approach 
to prevention of leg flail throughout that range of occupants whose 
lower legs can form a 90-degree angle relative to the upper legs when 
seated upright in the seat. Items that need to be considered include, 
but are not limited to, the range of occupants' popliteal height, the 
range of occupants' buttock popliteal length, the design of the seat 
effective height above the floor, and the effective depth of the seat-
bottom cushion.
    2. The leg-flail airbag system 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 leg-
flail airbag system.
    3. The leg-flail airbag system must not 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), and other operating and environmental conditions 
(vibrations, moisture, etc.) likely to occur in service.
    4. Deployment of the leg-flail airbag system must not introduce 
injury mechanisms to the seated occupant, or result in injuries that 
could impede rapid egress.
    5. Inadvertent deployment of the leg-flail airbag system, during 
the most critical part of the flight, must either meet the requirement 
of Sec.  25.1309(b), or not cause a hazard to the airplane or its 
occupants.
    6. The leg-flail airbag system must not impede rapid egress of 
occupants from the airplane 10 seconds after airbag deployment.
    7. The leg-flail airbag system must be protected from lightning and 
high-intensity radiated fields (HIRF). The threats to the airplane 
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.
    8. The leg-flail airbag system 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 leg-flail airbag system does not have to be considered.
    9. The leg-flail airbag system must not release hazardous 
quantities of gas or particulate matter into the cabin.
    10. The leg-flail airbag system installation must be protected from 
the effects of fire such that no hazard to occupants will result.
    11. A means must be available to verify the integrity of the leg-
flail airbag system's activation system prior to each flight, or the 
leg-flail airbag system's activation system must reliably operate 
between inspection intervals. The FAA considers that the loss of the 
leg-flail airbag system's deployment function alone (i.e., independent 
of the conditional event that requires the leg-flail airbag system's 
deployment) is a major-failure condition.
    12. The airbag inflatable material may not have an average burn 
rate of greater than 2.5 inches per minute when tested using the 
horizontal flammability test defined in part 25, appendix F, part I, 
paragraph (b)(5).
    13. The leg-flail airbag system, 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 July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-17845 Filed 7-28-16; 8:45 am]
BILLING CODE 4910-13-P


