[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Proposed Rules]
[Pages 39234-39235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17091]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2019-0329; Notice No. 25-19-06-SC]


Special Conditions: The Boeing Company (Boeing) Model 777-9 
Series Airplane; Interior Design To Facilitate Searches for Passenger 
Cabin High Wall Suites

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for The Boeing Company 
(Boeing) Model 777-9 series airplane. This airplane will have novel or 
unusual design features when compared to the state of technology 
envisioned in the airworthiness standards for transport category 
airplanes. These design features are passenger cabins with high wall 
suites (HWS). The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for this design feature. These 
proposed 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: Send comments on or before September 23, 2019.

ADDRESSES: Send comments identified by Docket No. FAA-2019-0329 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 website, 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).
    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: Shannon Lennon, Airframe and Cabin 
Safety Section, AIR-675, Transport Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 2200 South 216th Street, Des Moines, Washington 98198; 
telephone and fax 206-231-3209; email shannon.lennon@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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.
    The FAA will consider all comments we receive by the closing date 
for comments. The FAA may change these special conditions based on the 
comments received.

Background

    On April 24, 2018, Boeing applied for an amendment to Type 
Certificate No. T00001SE to include the new Model 777-9 series 
airplane. The Boeing Model 777-9 series airplane, which is a derivative 
of the 777-300ER currently approved under Type Certificate No. 
T00001SE, is a twin-engine, transport category airplane with seating 
for up to 495 passengers depending upon airplane configuration, and a 
maximum takeoff weight of approximately 775,000 lbs.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14 
CFR) 21.101, Boeing must show that the Model 777-9 series airplane, 
continues to meet the applicable provisions of part 25, as amended by 
amendments 139 through 141, and 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 777-9 series airplane 
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, 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 777-9 series airplane must comply with the 
continued airworthiness and safety improvement requirements for 
transport category airplanes of 14 CFR part 26, 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 777-9 series airplane will incorporate the 
following novel or unusual design features:
    This airplane will include a passenger cabin with six HWS arranged 
in two rows of three suites each in a 1-1-1 configuration. Each HWS has 
a door and walls that extend from the floor to the ceiling or close to 
the ceiling. The characteristics of the HWS design are unique such that 
the suites are not fully open to the cabin (such as for

[[Page 39235]]

conventional mini-suites with partial height surrounds). They are not 
remote from the main cabin, as are overhead crew rest areas, for 
example.

Discussion

    This Boeing Model 777-9 series airplane HWS design is unique to 
part 25 since its design was not specifically considered during the 
development of Sec.  25.795(c)(3), which requires that the interior 
design of the airplane deter the easy concealment of weapons, 
explosives, or other objects, and lessen the likelihood of overlooking 
such items during a search. Transport category airplanes contain many 
areas that are not readily visible, but are readily accessible. For 
example, areas above stowage bins may not be easily visible when 
conducting a search due to light fixtures that could inhibit both the 
visual and physical inspection, but these areas could be accessible 
places to hide an explosive device. The wall-to-blended ceiling 
interfaces presented in the HWS designs are similar to overhead bin 
designs with respect to such challenges associated with conducting 
searches. However, as opposed to areas above overhead bins, which could 
exist in continuous sections in the passenger cabin, the search 
challenges associated with HWS designs may be limited when there are a 
relatively small number of installed suites.
    In consideration of the proposed HWS design, an installation 
incorporating six suites or less limits the search challenges due to 
the limited overhead area involved, which is similar to the search area 
presented by installation of a monument complex, for example. 
Installations incorporating six suites present a large overhead area 
that closely resembles the large overhead bin areas currently addressed 
by the rule and associated guidance material. Since the development of 
HWS designs were not specifically considered during development of the 
rule, a unique set of special conditions are needed for interior 
configurations incorporating HWS.
    These proposed 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. Existing airworthiness regulations do not 
contain adequate standards to address this feature.

Applicability

    As discussed above, these special conditions are applicable to the 
Boeing Model 777-9 series airplanes with HWS installed. Should Boeing 
apply at a later date for 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 airplane. It is not a rule of general 
applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

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

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Boeing Model 777-9 series airplanes with HWS installed. These 
conditions are in addition to existing FAA Special Condition No. 25-
703-SC published in the Federal Register on October 26, 2017 (82 FR 
49492).

Interior Design To Facilitate Searches for Passenger Cabin High Wall 
Suites

    1. The area above each HWS must be designed such that there should 
be no hazards to a person performing a physical search above the HWS 
(e.g., no hot surfaces, no sharp edges, and no corners).
    2. Where there are more than six (6) HWS installed on the aircraft, 
design features must be incorporated that will deter concealment or 
promote discovery of weapons, explosives, or objects from a simple 
inspection. Areas above the HWS must be designed to prevent objects 
from being hidden from view in a simple search from the aisle.
    3. Guidance. The associated guidance material presented in Advisory 
Circular 25.795-8, Interior Design to Facilitate Searches, dated 
October 24, 2008, for airplane interiors can also be applied to HWS 
designs.

    Issued in Des Moines, Washington, on July 22, 2019.
Victor Wicklund,
Manager, Transport Standards Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2019-17091 Filed 8-8-19; 8:45 am]
 BILLING CODE 4910-13-P


