
[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
 BILLING CODE 4910-13-P


