[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Rules and Regulations]
[Pages 22110-22115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07933]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2022-0127; Special Conditions No. 25-810-SC]


Special Conditions: Dassault Aviation Model Falcon 6X Airplane; 
Dynamic Test Requirements for Multiple-Occupant Side-Facing Seats With 
Inflatable Restraints

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 Dassault Aviation 
(Dassault) Model Falcon 6X airplane. This airplane 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 multiple-occupant side-facing seats 
with inflatable restraints. 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 Dassault on April 14, 2022. Send 
comments on or before May 31, 2022.

ADDRESSES: Send comments identified by Docket No. FAA-2022-0127 using 
any of the following methods:
     Federal eRegulations Portal: Go to https://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: Except for Confidential Business Information (CBI) as 
described in the following paragraph, and other information as 
described in title 14, Code of Federal Regulations (14 CFR) 11.35, the 
FAA will post to https://

[[Page 22111]]

www.regulations.gov/ all comments received without change, including 
any personal information you provide. The FAA will also post a report 
summarizing each substantive verbal contact received about these 
special conditions.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to these special 
conditions contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to these special conditions, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
The FAA will treat such marked submissions as confidential under the 
FOIA, and the indicated comments will not be placed in the public 
docket of these special conditions. Send submissions containing CBI to 
Shannon Lennon, Human Machine Interface, AIR-626, Technical Innovation 
Policy 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 
[email protected]. Comments the FAA receives, which are not 
specifically designated as CBI, will be placed in the public docket for 
these special conditions.
    Docket: Background documents or comments received may be read at 
https://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, Human Machine 
Interface, AIR-626, Technical Innovation Policy 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 [email protected].

SUPPLEMENTARY INFORMATION: The substance of these special conditions 
has been published in the Federal Register for public comment in 
several prior instances with no substantive comments received. 
Therefore, the FAA finds, pursuant to 14 CFR 11.38(b), that new 
comments are unlikely, and notice and comment prior to this publication 
are unnecessary.

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 received by the closing date for 
comments. The FAA may change these special conditions based on the 
comments received.

Background

    On July 1, 2012, Dassault Aviation applied for a type certificate 
for its new Model Falcon 5X airplane. However, Dassault has decided not 
to release an airplane under the model designation Falcon 5X, instead 
choosing to change that model designation to Falcon 6X.
    In February of 2018, due to engine supplier issues, Dassault 
extended the type certificate application date for its Model Falcon 5X 
airplane under new Model Falcon 6X. This airplane is a twin-engine 
business jet with seating for 19 passengers, and has a maximum takeoff 
weight of 77,460 pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Dassault must show that the 
Model Falcon 6X airplane meets the applicable provisions of part 25, as 
amended by amendments 25-1 through 25-146.
    If the Administrator finds that the applicable airworthiness 
regulations (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Dassault Model Falcon 6X 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 Dassault Model Falcon 6X airplane 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.  21.17(a)(2).

Novel or Unusual Design Features

    The Dassault Model Falcon 6X airplane will incorporate the 
following novel or unusual design features:
    Multiple-occupant side-facing seats that include an airbag system 
in the shoulder belt.

Discussion

    Side-facing seats are considered a novel design for transport-
category airplanes that include Sec. Sec.  25.562 and 25.785 at 
amendment 25-64 in their certification basis, and were not considered 
when those airworthiness standards were issued. The FAA has determined 
that the existing regulations do not provide adequate or appropriate 
safety standards for occupants of side-facing seats. To provide a level 
of safety that is equivalent to that afforded to occupants of forward- 
and aft-facing seats, additional airworthiness standards in the form of 
special conditions are necessary.
    On June 16, 1988, 14 CFR part 25 was amended by amendment 25-64 to 
revise the emergency-landing conditions that must be considered in the 
design of transport-category airplanes. Amendment 25-64 revised the 
static-load conditions in Sec.  25.561, and added a new Sec.  25.562 
that required dynamic testing for all seats approved for occupancy 
during takeoff and landing. The intent of amendment 25-64 was to 
provide an improved level of safety for occupants on transport-category 
airplanes. However, because most seating on transport-category 
airplanes is forward-facing, the pass/fail criteria developed in 
amendment 25-64 focused primarily on these seats. For some time, the 
FAA granted exemptions for the multiple-place side-facing-seat 
installations because the existing test methods and acceptance criteria 
did not produce a level of safety equivalent to the level of safety 
provided for forward- and aft-facing seats. These exemptions were 
subject to many conditions that reflected the injury-evaluation 
criteria and mitigation strategies available at the time of the 
exemption issuance.
    The FAA also issued special conditions to address single-place 
side-facing seats based on the data available at the time the FAA 
issued those special conditions. Continuing concerns regarding the 
safety of side-facing seats prompted the FAA to conduct research

[[Page 22112]]

to develop an acceptable method of compliance with Sec. Sec.  25.562 
and 25.785(b) for side-facing seat installations. That research has 
identified injury considerations and evaluation criteria in addition to 
those previously used to approve side-facing seats (see published 
report DOT/FAA/AR-09/41, July 2011).
    One particular concern that was identified during the FAA's 
research program, but not addressed in the previous special conditions, 
was the significant leg injuries that can occur to occupants of both 
single- and multiple-place side-facing seats. Because this type of 
injury does not occur on forward- and aft-facing seats, the FAA 
determined that, to achieve the level of safety envisioned in amendment 
25-64, additional requirements would be needed as compared to 
previously issued special conditions. Nonetheless, the research has now 
allowed the development of a single set of special conditions that is 
applicable to all fully side-facing seats.
    On November 5, 2012, the FAA released policy statement PS-ANM-25-
03-R1, ``Technical Criteria for Approving Side-Facing Seats,'' to 
update existing FAA certification policy on Sec. Sec.  25.562 and 
25.785(a) at amendment 25-64 for single- and multiple-place side-facing 
seats. This policy addresses both the technical criteria for approving 
side-facing seats and the implementation of those criteria. The FAA 
methodology detailed in PS-ANM-25-03-R1 has been used in establishing a 
new set of proposed special conditions. Some of the conditions issued 
for previous exemptions are still relevant and are included in these 
new special conditions. However, others have been replaced by different 
criteria that reflect current research findings.
    In Policy Statement PS-ANM-25-03-R1, conditions 1 and 2 are 
applicable to all side-facing seat installations, whereas conditions 3 
through 16 represent additional requirements applicable to side-facing 
seats equipped with an airbag system in the shoulder belt. These 
special conditions follow those conditions found in Policy Statement 
PS-ANM-25-03-R1.
    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 the 
Dassault Model Falcon 6X airplane. Should Dassault 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 a certain novel or unusual design feature 
on one model of 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 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 the Dassault Model Falcon 6X airplane.
    (a) Additional requirements applicable to tests or rational 
analysis conducted to show compliance with Sec. Sec.  25.562 and 25.785 
for side-facing seats:
    (1) The longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2), to show compliance with the seat-strength requirements of 
Sec.  25.562(c)(7) and (8) and these special conditions, must have an 
ES-2re anthropomorphic test dummy (ATD) (49 CFR part 572, subpart U) or 
equivalent, or a Hybrid II ATD (49 CFR part 572, subpart B as specified 
in Sec.  25.562) or equivalent, occupying each seat position and 
including all items (e.g., armrest, interior wall, or furnishing) 
contactable by the occupant if those items are necessary to restrain 
the occupant. If included, the floor representation and contactable 
items must be located such that their relative position, with respect 
to the center of the nearest seat place, is the same at the start of 
the test as before floor misalignment is applied. For example, if floor 
misalignment rotates the centerline of the seat place nearest the 
contactable item 8 degrees clockwise about the airplane x-axis, then 
the item and floor representations must be rotated by 8 degrees 
clockwise also, to maintain the same relative position to the seat 
place, as shown in Figure 1. Each ATD's relative position to the seat 
after application of floor misalignment must be the same as before 
misalignment is applied. To ensure proper occupant seat loading, the 
ATD pelvis must remain supported by the seat pan, and the restraint 
system must remain on the pelvis and shoulder of the ATD until rebound 
begins. No injury-criteria evaluation is necessary for tests conducted 
only to assess seat-strength requirements.
    (2) The longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2), to show compliance with the injury assessments required 
by Sec.  25.562(c) and these special conditions, may be conducted 
separately from the test(s) to show structural integrity. In this case, 
structural-assessment tests must be conducted as specified in paragraph 
(a)(1), above, and the injury-assessment test must be conducted without 
yaw or floor misalignment. Injury assessments may be accomplished by 
testing with ES-2re ATD (49 CFR part 572, subpart U) or equivalent at 
all places. Alternatively, these assessments may be accomplished by 
multiple tests that use an ES-2re ATD at the seat place being 
evaluated, and a Hybrid II ATD (49 CFR part 572, subpart B, as 
specified in Sec.  25.562) or equivalent used in all seat places 
forward of the one being assessed, to evaluate occupant interaction. In 
this case, seat places aft of the one being assessed may be unoccupied. 
If a seat installation includes adjacent items that are contactable by 
the occupant, the injury potential of that contact must be assessed. To 
make this assessment, tests may be conducted that include the actual 
item, located and attached in a representative fashion. Alternatively, 
the injury potential may be assessed by a combination of tests with 
items having the same geometry as the actual item, but having stiffness 
characteristics that would create the worst case for injury (injuries 
due to both contact with the item and lack of support from the item).
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[[Page 22113]]

[GRAPHIC] [TIFF OMITTED] TR14AP22.046

    (3) If a seat is installed aft of structure (e.g., an interior wall 
or furnishing) that does not have a homogeneous surface contactable by 
the occupant, additional analysis and/or test(s) may be required to 
demonstrate that the injury criteria are met for the area that an 
occupant could contact. For example, different yaw angles could result 
in different injury considerations and may require additional analysis 
or separate test(s) to evaluate.
    (4) To accommodate a range of occupant heights (5th percentile 
female to 95th percentile male), the surface of items contactable by 
the occupant must be homogenous 7.3 in. (185 mm) above and 7.9 in. (200 
mm) below the point (center of area) that is contacted by the 50th 
percentile male size ATD's head during the longitudinal test(s) 
conducted in accordance with paragraphs (a)(1), (2), and (3), above. 
Otherwise, additional head-injury criteria (HIC) assessment tests may 
be necessary. Any surface (inflatable or otherwise) that provides 
support for the occupant of any seat place must provide that support in 
a consistent manner regardless of occupant stature. For example, if an 
inflatable shoulder belt is used to mitigate injury risk, then it must 
be demonstrated by inspection to bear against the range of occupants in 
a similar manner before and after inflation. Likewise, the means of 
limiting lower-leg flail must be demonstrated by inspection to provide 
protection for the range of occupants in a similar manner.
    (5) For longitudinal test(s) conducted in accordance with Sec.  
25.562(b)(2) and these special conditions, the ATDs must be positioned, 
clothed, and have lateral instrumentation configured as follows:
    (i) ATD positioning: Lower the ATD vertically into the seat while 
simultaneously (see Figure 2):

[[Page 22114]]

[GRAPHIC] [TIFF OMITTED] TR14AP22.047

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    (A) Aligning the midsagittal plane (a vertical plane through the 
midline of the body; dividing the body into right and left halves) with 
approximately the middle of the seat place.
    (B) Applying a horizontal x-axis direction (in the ATD coordinate 
system) force of about 20 lb (89 N) to the torso at approximately the 
intersection of the midsagittal plane and the bottom rib of the ES-2re 
or lower sternum of the Hybrid II at the midsagittal plane, to compress 
the seat back cushion.
    (C) Keeping the upper legs nearly horizontal by supporting them 
just behind the knees.
    (D) After all lifting devices have been removed from the ATD:
    (1) Rock it slightly to settle it into the seat.
    (2) Separate the knees by about 4 in. (100 mm).
    (3) Set the ES-2re ATD's head at approximately the midpoint of the 
available range of z-axis rotation (to align the head and torso 
midsagittal planes).
    (4) Position the ES-2re ATD's arms at the joint's mechanical detent 
that puts them at approximately a 40-degree angle with respect to the 
torso. Position the Hybrid II ATD hands on top of its upper legs.
    (5) Position the feet such that the centerlines of the lower legs 
are approximately parallel to a lateral vertical plane (in the airplane 
coordinate system).
    (ii) ATD clothing: Clothe each ATD in form-fitting, mid-calf-length 
(minimum) pants and shoes (size 11E) weighing about 2.5 lb (1.1 Kg) 
total. The color of the clothing should be in contrast to the color of 
the restraint system. The ES-2re jacket is sufficient for torso 
clothing, although a form-fitting shirt may be used in addition if 
desired.
    (iii) ES-2re ATD lateral instrumentation: The rib-module linear 
slides are directional, i.e., deflection occurs in either a positive or 
negative ATD y-axis direction. The modules must be installed such that 
the moving end of the rib module is toward the front of the airplane. 
The three abdominal-force sensors must be installed such that they are 
on the side of the ATD toward the front of the airplane.
    (6) The combined horizontal/vertical test, required by Sec.  
25.562(b)(1) and these special conditions, must be conducted with a 
Hybrid II ATD (49 CFR part 572, subpart B, as specified in Sec.  
25.562), or equivalent, occupying each seat position.
    (7) Restraint systems:
    (i) If inflatable restraint systems are used, they must be active 
during all dynamic tests conducted to show compliance with Sec.  
25.562.
    (ii) The design and installation of seatbelt buckles must prevent 
unbuckling due to applied inertial forces, or impact of the hands or 
arms

[[Page 22115]]

of the occupant during an emergency landing.
    (b) Additional performance measures applicable to tests and 
rational analysis conducted to show compliance with Sec. Sec.  25.562 
and 25.785 for side-facing seats:
    (1) Body-to-body contact: Contact between the head, pelvis, torso, 
or shoulder area of one ATD with the adjacent-seated ATD's head, 
pelvis, torso, or shoulder area is not allowed. Contact during rebound 
is allowed.
    (2) Thoracic: The deflection of any of the ES-2re ATD upper, 
middle, and lower ribs must not exceed 1.73 in. (44 mm). Data must be 
processed as defined in Federal Motor Vehicle Safety Standards (FMVSS) 
571.214.
    (3) Abdominal: The sum of the measured ES-2re ATD front, middle, 
and rear abdominal forces must not exceed 562 lb (2,500 N). Data must 
be processed as defined in FMVSS 571.214.
    (4) Pelvic: The pubic symphysis force measured by the ES-2re ATD 
must not exceed 1,350 lb (6,000 N). Data must be processed as defined 
in FMVSS 571.214.
    (5) Leg: Axial rotation of the upper-leg (femur) must be limited to 
35 degrees in either direction from the nominal seated position.
    (6) Neck: As measured by the ES-2re ATD and filtered at Channel 
Frequency Class 600 as defined in SAE J211, ``Instrumentation for 
Impact Test--Part 1--Electronic Instrumentation.''
    (i) The upper-neck tension force at the occipital condyle (O.C.) 
location must be less than 405 lb (1,800 N).
    (ii) The upper-neck compression force at the O.C. location must be 
less than 405 lb (1,800 N).
    (iii) The upper-neck bending torque about the ATD x-axis at the 
O.C. location must be less than 1,018 in-lb (115 Nm).
    (iv) The upper-neck resultant shear force at the O.C. location must 
be less than 186 lb (825 N).
    (2) Occupant (ES-2re ATD) retention: The pelvic restraint must 
remain on the ES-2re ATD's pelvis during the impact and rebound phases 
of the test. The upper-torso restraint straps (if present) must remain 
on the ATD's shoulder during the impact.
    (3) Occupant (ES-2re ATD) support:
    (i) Pelvis excursion: The load-bearing portion of the bottom of the 
ATD pelvis must not translate beyond the edges of its seat's bottom 
seat-cushion supporting structure.
    (ii) Upper-torso support: The lateral flexion of the ATD torso must 
not exceed 40 degrees from the normal upright position during the 
impact.
    (c) For seats with an airbag system in the shoulder belts:
    (1) Show that the airbag system in the shoulder belt will 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. The airbag system in the shoulder belt must provide a 
consistent approach to energy absorption throughout that range of 
occupants. When the seat system includes an airbag system, that system 
must be included in each of the certification tests as it would be 
installed in the airplane. In addition, the following situations must 
be considered:
    (i) The seat occupant is holding an infant.
    (ii) The seat occupant is a pregnant woman.
    (2) The airbag system in the shoulder 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 shoulder belt.
    (3) The design must prevent the airbag system in the shoulder belt 
from being either incorrectly buckled or incorrectly installed, such 
that the airbag system in the shoulder belt would not properly deploy. 
Alternatively, it must be shown that such deployment is not hazardous 
to the occupant, and will provide the required injury protection.
    (4) It must be shown that the airbag system in the shoulder belt is 
not 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.
    (5) Deployment of the airbag system in the shoulder belt must not 
introduce injury mechanisms to the seated occupant, or result in 
injuries that could impede rapid egress. This assessment should include 
an occupant whose belt is loosely fastened.
    (6) It must be shown that inadvertent deployment of the airbag 
system in the shoulder belt, during the most critical part of the 
flight, will either meet the requirement of Sec.  25.1309(b) or not 
cause a hazard to the airplane or its occupants.
    (7) It must be shown that the airbag system in the shoulder belt 
will not impede rapid egress of occupants 10 seconds after airbag 
deployment.
    (8) The airbag system must be protected from lightning and high-
intensity radiated fields (HIRF). The threats to the airplane specified 
in existing regulations regarding lighting, Sec.  25.1316, and HIRF, 
Sec.  25.1317, are incorporated by reference for the purpose of 
measuring lightning and HIRF protection.
    (9) The airbag system in the shoulder belt must function properly 
after loss of normal aircraft electrical power, and after a transverse 
separation of the fuselage at the most critical location. A separation 
at the location of the airbag system in the shoulder belt does not have 
to be considered.
    (10) It must be shown that the airbag system in the shoulder belt 
will not release hazardous quantities of gas or particulate matter into 
the cabin.
    (11) The airbag system in the shoulder-belt installation must be 
protected from the effects of fire such that no hazard to occupants 
will result.
    (12) A means must be available for a crewmember to verify the 
integrity of the airbag system in the shoulder-belt activation system 
prior to each flight, or it must be demonstrated to reliably operate 
between inspection intervals. The FAA considers that the loss of the 
airbag-system deployment function alone (i.e., independent of the 
conditional event that requires the airbag-system deployment) is a 
major-failure condition.
    (13) The inflatable material may not have an average burn rate of 
greater than 2.5 inches/minute when tested using the horizontal 
flammability test defined in part 25, appendix F, part I, paragraph 
(b)(5).
    (14) The airbag system in the shoulder 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 Kansas City, Missouri, on April 8, 2022.
Patrick R. Mullen,
Manager, Technical Innovation Policy Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2022-07933 Filed 4-13-22; 8:45 am]
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