94-11847. Airworthiness Standards; Emergency Exit Provisions for Normal, Utility, Acrobatic, and Commuter Category Airplanes; Final Rule DEPARTMENT OF TRANSPORTATION  

  • [Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-11847]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 17, 1994]
    
    
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    Part VI
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Part 23
    
    
    Airworthiness Standards; Emergency Exit Provisions for Normal, Utility, 
    Acrobatic, and Commuter Category Airplanes; Final Rule
    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 23
    
    [Docket No. 26324; Amendment No. 23-46]
    RIN 2120-AD33
    
     
    Airworthiness Standards; Emergency Exit Provisions for Normal, 
    Utility, Acrobatic, and Commuter Category Airplanes
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This final rule amends the emergency egress airworthiness 
    standards for normal, utility, acrobatic, and commuter category 
    airplanes. This amendment adds requirements for ditching and flightcrew 
    emergency exits for these airplane categories, and provides alternative 
    emergency exit requirements for commuter category airplanes that are 
    consistent with the requirements for similarly sized small transport 
    airplanes. This amendment is intended to ensure that emergency exits 
    are available to all flightcrew members, that exits are available to 
    all multiengine airplane occupants for emergency egress during an 
    emergency landing in water, and to provide alternative exit 
    requirements for commuter category airplanes consistent with the 
    existing transport category airworthiness standards.
    
    EFFECTIVE DATE: June 16, 1994.
    
    FOR FURTHER INFORMATION CONTACT:
    Mike Downs, Aerospace Engineer, Standards Office (ACE-110), Small 
    Airplane Directorate, Federal Aviation Administration, room 1544, 601 
    East 12th Street, Kansas City, Missouri 64106, telephone (816) 426-
    5688.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        This amendment is based on Notice of Proposed Rulemaking (NPRM) No. 
    90-20 (55 FR 35544, August 30, 1990). All comments received in response 
    to Notice No. 90-20 have been considered in adopting this amendment.
        Notice 78-14, published on October 10, 1978 (43 FR 46734), proposed 
    interim airworthiness requirements for increased takeoff gross weight 
    and passenger seating capacity of certain existing small, propeller-
    driven, multiengine airplanes. That rulemaking action resulted from a 
    petition for rulemaking to allow certain small airplanes to be type 
    certificated to maximum takeoff weights greater than 12,500 pounds 
    without complying with the transport category type certification 
    requirements of part 25. Special Federal Aviation Regulations (SFAR) 41 
    (44 FR 53723, September 17, 1979), which became effective October 17, 
    1979, resulted from Notice 78-14.
        In the early 1980's, the FAA explored the feasibility of a new part 
    24 that would provide airworthiness standards for a new light transport 
    category airplane. The proposal was withdrawn because it was not cost 
    effective. SFAR 41 provides alternative type design standards for an 
    airplane of the same gross weight that would be required to comply with 
    part 25 airworthiness standards. Section 5 of SFAR 41 provides specific 
    requirements for passenger entry doors and additional emergency exits. 
    That section requires, in part, that the passenger entry door qualify 
    as a floor-level emergency exit. For airplanes with a total seating 
    capacity of 15 or fewer, that section requires, in addition to the 
    passenger entry door, an emergency exit as defined in Sec. 23.807(b), 
    on each side of the cabin. For airplanes with a total passenger seating 
    capacity of 16 through 23, that section required three emergency exits 
    as defined in Sec. 23.807(b), with one on the same side as the door and 
    two on the side opposite the door.
        SFAR 41 was amended (45 FR 25047, April 14, 1980) for clarification 
    and editorial corrections. SFAR 41B (45 FR 80973, December 8, 1980) 
    further amended the regulation to specify additional requirements for 
    optional compliance with the International Civil Aviation Organization 
    (ICAO), Annex 8, Part III, Airworthiness Standards, which apply to 
    airplanes weighing 5,700 kg (12,566 pounds) or more.
        After the expiration of SFAR 41B on October 17, 1981, and 
    termination of the Light Transport Airplane Airworthiness Review, the 
    FAA issued SFAR 41C (47 FR 35153, August 12, 1982), effective September 
    13, 1982. The amended SFAR: (1) Eliminated the 12,500-pound maximum 
    zero fuel weight restriction; (2) limited the number of passenger seats 
    to 19 for those small propeller-driven, multiengine airplanes that 
    operate at a certificated gross takeoff weight in excess of 12,500 
    pounds; and (3) relaxed the landing distance determination requirement, 
    making it consistent with the similar requirements in part 23 and part 
    25. The wording of section 5 was amended, in part, to require that 
    airplanes with a total passenger seating capacity of 16 through 19 be 
    designed with three emergency exits, as defined in Sec. 23.807(b), with 
    one on the same side as the door and two on the side opposite the door.
        On November 15, 1983, Notice 83-17 (48 FR 52010) proposed to amend 
    parts 21, 23, 36, 91 and 135 of the Federal Aviation Regulations (FAR) 
    to adopt certification procedures, airworthiness and noise standards, 
    and operating rules for a new commuter category for airplanes type 
    certificated to the FAR. That notice, in part, proposed to amend 
    Sec. 23.807 to require the same number of emergency exits in commuter 
    category airplanes as the number required for airplanes meeting the 
    SFAR 41C requirements.
        On December 12, 1986, Notice 86-19 (51 FR 44878), titled ``Small 
    Airplane Airworthiness Review Program Notice No. 1,'' was published 
    proposing new requirements that would enhance cabin safety in normal, 
    utility, and acrobatic category airplanes. Since final rules for 
    commuter category airplanes had not been adopted at the time Notice 86-
    19 was published, that notice did not address commuter category 
    airplanes. In Notice 86-19, the FAA referred to the proposed commuter 
    category airplane rule and noted that additional rulemaking action 
    would be initiated to enhance the cabin safety of commuter category 
    airplanes if the proposals in Notice 83-17 were adopted.
        As a result of Notice 83-17, amendment 23-34 (52 FR 1806, January 
    15, 1987) was adopted specifying minimum airworthiness standards for a 
    new commuter category airplane. That final rule, in part, amended 
    Sec. 23.807 by adding a new paragraph (d) that required commuter 
    category airplanes with a seating capacity of 15 or fewer to have an 
    emergency exit on each side of the cabin in addition to the entry door; 
    and commuter category airplanes with a total seating capacity of 16 
    through 19 to have three emergency exits, with one on the same side as 
    the passenger entry door and two on the opposite side. Those 
    requirements were substantively identical to the requirements in SFAR 
    41C.
        As a result of Notice 86-19, amendment 23-36 (53 FR 30802, August 
    15, 1988) was adopted to provide upgraded airworthiness standards for 
    cabin safety and occupant protection for part 23 airplanes.
        Since final action to incorporate commuter category airplane 
    airworthiness standards into the FAR had not been completed at the time 
    Notice 86-19 was published, requirements for commuter category 
    airplanes were not specifically addressed in the proposals of that 
    notice. The proposals in Notice 86-19 were formulated to be compatible 
    with the commuter category airplane cabin safety airworthiness 
    standards that were adopted in amendment 23-34, with the exception of 
    the requirements for dynamic testing of seats and the requirements for 
    shoulder harnesses at the passenger seats. The cabin safety standards 
    adopted by amendment 23-36 were formulated considering both the public 
    comments to Notice 86-19 and the changes to part 23 adopted by 
    amendment 23-34. The requirements for the number of emergency exits in 
    commuter category airplanes, as adopted by amendment 23-34, were not 
    changed by amendment 23-36. The commuter category final rule moved the 
    requirements in Sec. 23.807(d)(3) to a new Sec. 23.811(b), and the 
    requirements of Sec. 23.807(d)(4) were moved to a new Sec. 23.813.
        The intent of section 5 of SFAR 41 was to require an additional 
    emergency exit (above the requirements for normal category airplanes) 
    for airplanes with a total seating capacity, including pilot seats, of 
    12 to 15; therefore, when an airplane with a seating capacity of 11 or 
    fewer, including pilot seats, was certificated to the airworthiness 
    standards of SFAR 41, the emergency exit requirements in Sec. 23.807 
    for normal category airplanes were applicable. Since the amendment of 
    the emergency exit standards of Sec. 23.807(d)(1)(i), the FAA has 
    reconsidered the number of exits required to commuter category 
    airplanes with a cabin seating capacity of fewer than 9 passengers. 
    Section 23.807(d)(1) is applicable to every commuter category airplane, 
    including those airplanes with a total passenger seating capacity of 9 
    or fewer. This section increases the level of cabin safety requirements 
    for commuter category airplanes.
        Since incorporation of amendment 23-34 into part 23, airplane 
    manufacturers and modifiers have petitioned the FAA for exemption from 
    Sec. 23.807(d)(1)(i) or Sec. 23.807(d)(1)(ii). Those standards require 
    that: Commuter category airplanes with a total passenger seating 
    capacity of 15 or fewer have an emergency exit on each side of the 
    cabin in addition to the passenger entry door; and commuter category 
    airplanes with a total passenger seating capacity of 16 through 19 have 
    three emergency exits in addition to the passenger entry door, with one 
    emergency exit on the same side as the door and two exits on the 
    opposite side. Frequently, those petitions have noted the differences 
    in the requirements of Sec. 23.807(d)(1) and the emergency exit 
    requirements for similarly sized transport category airplanes. Section 
    25.807(c)(1) requires, in part, that transport category airplanes with 
    a passenger seating capacity of 19 passengers or fewer provide at least 
    one emergency exit on each side of the fuselage and that the main entry 
    door may be considered one of the emergency exits when it meets the 
    requirements of Secs. 25.807(c)(1) and 25.783.
        The petitioners, in general, have proposed to provide the number of 
    emergency exits required by Sec. 25.807(c)(1) for transport category 
    airplanes instead of complying with the requirements of 
    Sec. 23.807(d)(1). In support of these petitions, the petitioners point 
    out that their commuter category airplanes have compensating features 
    that include a variety of other cabin safety provisions and meet the 
    higher levels of safety afforded by small transport category airplanes. 
    Other cabin safety provisions include larger exits, wider aisles, 
    emergency lighting and additional exit marking features, all of which 
    exceed the current requirements for commuter category airplanes. In 
    granting these petitions the FAA stated that the number of emergency 
    exits is only one aspect of overall cabin safety that is provided by 
    the airplane design. For this reason, the FAA initiated a project to 
    amend part 23 to provide that, as an alternative to compliance with the 
    requirements of Sec. 23.807(d)(1), commuter category airplanes may be 
    designed with the number of emergency exists required for transport 
    category airplanes in Sec. 25.807(c)(1).
        The FAA conducted a review of the cabin safety standards required 
    for commuter category airplanes in part 23 and the cabin safety 
    provisions required for small transport category airplanes in part 25. 
    The review showed that part 25 standards require numerous features, 
    including a specified emergency exit configuration, emergency lighting, 
    minimum aisle width, and additional exit markings that aid the 
    occupants of transport category airplanes in locating, reaching, and 
    passing through the emergency exits. These additional airworthiness 
    requirements are important factors in minimizing the time required for 
    occupants to safely exit the airplane through a limited number of 
    exits. As an alternative, this final rule allows commuter category 
    airplanes to comply with emergency exit requirements and other cabin 
    safety standards that are substantively the same as those for similarly 
    sized transport category airplanes.
        This final rule amends the emergency exit requirements to provide 
    the following: (1) Additional emergency landing requirements that give 
    the airplane occupants every reasonable chance of escaping serious 
    injury in a survivable crash landing; (2) emergency exit size and step 
    up/step down limitations that enable the airplane occupants to readily 
    pass through the exits; (3) emergency exit marking requirements that 
    ensure the exits can be identified easily in an emergency; (4) 
    emergency lighting requirements that ensure adequate lighting for rapid 
    egress from the airplane; and (5) wider aisles and additional emergency 
    exit access requirements that ensure the airplane occupants have a path 
    to the available emergency exits.
        This final rule also adopts new requirements for emergency exit 
    ditching provisions for multiengine airplanes that are type 
    certificated to the airworthiness standards of part 23. The FAA 
    anticipates an increase in the use of multiengine normal and commuter 
    category airplanes in overwater operation. Airports located near large 
    bodies of water have increased the number of departures and approaches 
    that are conducted over water. Since ditching provisions are critical 
    for occupant egress following an emergency landing in water, this 
    proposal would require that the airplane design provide the airplane 
    occupants with a means of exiting the airplane following an emergency 
    landing in water.
        Further, this final rule adopts a new airworthiness standard to 
    require that, in emergency landings, emergency exits are readily 
    available to crewmembers when the airplane is configured in a manner 
    that makes the passenger emergency exits inaccessible to the crew. The 
    FAA has previously required additional emergency exits for normal 
    category or commuter category sized airplane designs, where the cabin 
    interiors were configured with cargo nets or other barriers that 
    blocked crewmember access to the passenger emergency exits. Although 
    Sec. 135.87(c)(7) requires at least one emergency or regular exit to be 
    available for crew egress in certain airplanes used in cargo-only 
    operations, there is no such requirement in part 23. This newly adopted 
    requirement is also similar to the standard that is used for transport 
    category airplanes.
    
    Discussion of Comments
    
    General
    
        Interested persons were invited to participate in the development 
    of these final rules by submitting written data, views, or arguments to 
    the regulatory docket on or before February 26, 1991. Five commenters 
    responded to Notice No. 90-20. Minor technical and editorial changes 
    have been made to the proposed rules based on relevant comments 
    received and after further review by the FAA.
        One commenter expresses support for the entire proposal without 
    making any specific comments. Another commenter provides comments only 
    to specific proposals. One commenter feels that the commuter category 
    requirements of part 23 already provide an adequate level of safety and 
    asks for an explanation of why the FAA is using part 25 requirements in 
    part 23. This requested explanation can be found in the background 
    section above.
        One commenter expresses general agreement with the objectives of 
    the rulemaking and discusses the factors that the commenter considers 
    important to the rapid evacuation of an airplane. This commenter lists 
    those factors as exit availability, adequate exit size, reasonable step 
    up and step down criteria at emergency exits, and illumination of the 
    area immediately outside the exit. The FAA agrees that these factors 
    are also important but questions the relative significance the 
    commenter ascribes to them. The commenter did not submit any supporting 
    data for the comment.
        One commenter supports the addition of the small transport category 
    airplane safety features of part 25 to part 23 commuter category 
    airplanes, but strongly opposes tying these features to a reduction in 
    the number of emergency exits. This rulemaking action provides 
    alternative emergency exit requirements for part 23 commuter category 
    airplanes that are consistent with those requirements for similarly 
    sized part 25 small transport category airplanes. This amendment will 
    give the applicant the option of either meeting existing 
    Sec. 23.807(d)(1) emergency exit requirements, or reducing the number 
    of emergency exits to that required by Sec. 23.807(d)(4) and meeting 
    additional cabin safety requirements specified in Sec. 23.807(d)(4). 
    These requirements are similar to those standards required for part 25 
    small transport airplanes.
    
    Discussion of Comments to Specific Sections of Part 23
    
        Proposal 1. This proposal contains the authority citation for part 
    23.
        Proposal 2. This proposal would add a downward inertia load 
    requirement to the emergency landing ultimate static load factors when 
    an applicant for type certification chooses to comply with the 
    alternate emergency exit requirements of Sec. 23.807(d)(4). This is 
    intended to ensure a specific minimum download airframe strength to 
    protect occupants from structural failures that could prevent their 
    exiting the airplane through the emergency exits or the passenger entry 
    door after an emergency landing.
        One commenter believes the 6g downward force is excessive for part 
    23 airplanes. The FAA disagrees. In the 1970's, the FAA and the 
    National Aeronautics and Space Administration (NASA) conducted 
    considerable research concerning the crash dynamic characteristics of 
    small general aviation airplanes. NASA conducted a test series of 21 
    controlled full-scale impact tests on single-engine and twin-engine 
    general aviation airplanes. Results from those tests provided a 
    substantial qualitative and quantitative data base regarding the crash 
    behavior and occupant impact protection characteristics of small 
    general aviation airplanes. The results of the research and tests 
    revealed that the downward force occurring during the full-scale impact 
    tests were in excess of 6g in most cases; therefore, the 6g downward 
    inertia load factor was proposed to ensure a minimum download 
    requirement.
        One commenter recommends higher downward inertia loads and a 
    correspondingly higher descent velocity, which was proposed as an 
    alternate approach to establishing the static downward load factor. The 
    FAA disagrees. Although downward load factors may be greater than 6g 
    during emergency landing conditions, the FAA intends to make the 
    airworthiness standards for commuter category airplanes consistent with 
    those for small transport airplanes; therefore, the 6g downward load 
    factor will remain as a minimum requirement. Accordingly, that portion 
    of Sec. 23.561(b)(2)(iv) that specifies the use of any lesser force is 
    deleted in the final rule. The removal of this lesser force from the 
    proposed rule further standardizes the alternate cabin safety and 
    emergency exit requirements of part 23 commuter category airplanes with 
    that of part 25 small transport airplanes. The alternative downward 
    force was similarly deleted from part 25. This proposal is adopted with 
    the aforementioned change.
        Proposal 3. This proposal would move certain requirements for 
    commuter category airplane passenger entry doors and associated 
    integral stairs from Sec. 23.807(d)(1) to a new Sec. 23.783(f), and add 
    size and shape requirements for the passenger entry door. The final 
    rule clarifies those standards that apply to the passenger entry doors 
    of any commuter category airplane, regardless of the number of 
    emergency exits. One comment was received and it supports the FAA's 
    proposal. Accordingly, this proposal is adopted as proposed.
        Proposal 4. Proposed new Sec. 23.812 would require that an 
    emergency lighting system be installed when the applicant for type 
    certification chooses to comply with the alternate emergency exit 
    provisions of proposed Sec. 23.807(d)(4). Proposed Sec. 23.803(b) 
    requires the use of that emergency lighting system during the emergency 
    evacuation demonstration required for commuter category airplanes.
        Two comments were received on this proposal. Both commenters 
    suggest that proposed Sec. 23.803(b) be rewritten to eliminate the 
    evacuation demonstration when they comply with Sec. 23.807(d)(4). Both 
    commenters argue that, in their experience, part 25 emergency exit 
    requirements ensure rapid evacuation as long as the airplane is 
    relatively small.
        The FAA disagrees. Emergency evacuation demonstrations for 
    passenger-carrying airplanes are consistent with aviation safety. In 
    the absence of showing an ability to evacuate airplanes and the 
    correction of faults in designs and procedures as they are revealed by 
    tests, these demonstrations will result in lives saved. Furthermore, it 
    is not justifiable to exempt an applicant from Sec. 23.803 because the 
    applicant chooses to comply with Sec. 23.807(d)(4), since the applicant 
    that complies with Sec. 23.807(d)(4) has one less emergency exit than 
    the applicant that complies with Sec. 23.807(d)(1). This proposal is 
    adopted as proposed.
        Proposal 5. This proposal would add requirements for emergency 
    exits that are available to the flightcrew in an emergency landing. 
    These requirements are intended to ensure that the crew has ready 
    access to an emergency exit when their access to the cabin area aft of 
    the cockpit is blocked by cargo constraints or other barriers. Both 
    normal category (single & multiengine) and commuter category airplanes 
    have been modified for hauling freight, and have included cargo 
    restraint barriers that blocked crew access to the emergency exit in 
    the passenger compartment. Accordingly, these standards were proposed 
    to apply to all categories of airplanes certificated to the 
    airworthiness standards of part 23. These requirements are similar to 
    existing requirements in Sec. 25.807(f) for transport category 
    airplanes.
        One commenter suggests that the FAA provide guidance through an 
    advisory circular or other means on how to determine when the cabin 
    entry door or other passenger emergency exit does not offer a 
    convenient and readily accessible means of evacuation for the 
    flightcrew. The FAA agrees that further guidance may be required; 
    however, the FAA will review the need for further guidance after the 
    adoption of the final rule.
        One commenter supports the proposal to establish a standard minimum 
    for flightcrew emergency exits; however, the commenter believes that 
    the FAA should conduct tests to determine the minimum exit size that 
    would accommodate pilots in both the ninety-fifth and fifth size 
    percentiles.
        Tests to determine exit size were conducted prior to the adoption 
    of a Civil Air Regulations (CAR) amendment in 1962; however, the 
    biometric data derived was taken from the general population and not 
    from a population comprised of pilots. The results of the tests were 
    instrumental in the determination of emergency exit and aisle width 
    requirements. The size of the exits has been determined previously and 
    no change was proposed in the notice. This proposal is adopted without 
    change.
        Proposal 6. This proposal would allow type certification of 
    commuter category airplanes configured with one emergency exit on the 
    side of the cabin opposite the passenger entry door when additional 
    cabin safety features are provided in the airplane design. This 
    proposal states the additional cabin safety features required to comply 
    with the alternative emergency exit provisions. This proposal would 
    move specific requirements for the passenger entry door and associated 
    integral stairs from Sec. 23.807(d)(1) to proposed Sec. 23.785(f). This 
    proposal would move from Sec. 23.807(d)(1) to Sec. 23.807(d)(3) the 
    requirement that each emergency exit that is not a floor-level exit be 
    located over a wing or, if the exit is not less than six feet from the 
    ground, have a means to assist occupants in reaching the ground.
        Because there are many airports where takeoffs and landings are 
    conducted over large bodies of water, this proposal includes 
    airworthiness standards for multiengine airplanes that require 
    emergency exits for ditching to be located above the waterline. This 
    proposal would require that the airplane design provide the airplane 
    occupants with a means of exiting the airplane following an emergency 
    landing in water.
        Nine comments were received regarding proposed Secs. 23.807(d) and 
    23.807(e). Two commenters state that, according to the preamble to the 
    NPRM, Sec. 23.807(d)(1)(i) is intended to apply to all commuter 
    category airplanes. The commenters further state that this appears 
    inconsistent and impractical when considering a two-place cargo 
    airplane with a cargo barrier immediately aft of the entrance door. The 
    commenters propose to solve this problem by making proposed 
    Sec. 23.807(d)(4)(i) applicable to all commuter category airplanes.
        The FAA disagrees. Proposed Sec. 23.807(d)(1) is intended to apply 
    to all commuter category airplanes, but Sec. 23.807(d)(1)(i) is 
    intended to apply only to commuter category airplanes with a total 
    seating capacity of 15 or fewer. Furthermore, the problem of compliance 
    for two-place cargo airplanes is not considered to be a certification 
    problem because there is no special certification for cargo airplanes. 
    The purpose of this rule is to provide alternative emergency exit and 
    cabin safety requirements for commuter category airplanes that are 
    consistent with the airworthiness standards used by small transport 
    airplanes in part 25. This will enable the applicant to choose the 
    requirements of Sec. 23.807(d)(4) instead of Sec. 23.807(d)(1).
        Two commenters propose to delete the reference to Sec. 23.803(b) in 
    proposed Sec. 23.807(d)(4)(iii), stating that it is unnecessary. The 
    FAA disagrees. The reference to Sec. 23.803(b) is a necessary part of 
    Sec. 23.807(d)(4)(iii), directing the applicant to the remaining safety 
    requirements of Sec. 23.807(d)(4) that must be met.
        One commenter states that multiengine airplanes are required to 
    have emergency exits in accordance with Sec. 23.807(a) and that 
    proposed Sec. 23.807(e) would effectively require two additional exits, 
    even if the Sec. 23.807(a) exit, the main door, or both are above the 
    waterline. The FAA agrees. The intent of the rule is to require that 
    all multiengine airplanes have available exits for emergency egress 
    following an emergency landing in water; therefore, the reference made 
    in the NPRM under Sec. 23.807(e) to Sec. 23.807(b) or (d) is changed to 
    Sec. 23.807(a) or (d). Section 23.807(e)(1) remains unchanged.
        One commenter supports the optional exit configuration introduced 
    by Sec. 23.807(d)(4) and states that it is in substantive alignment 
    with part 25.
        One commenter opposes the proposal to allow the manufacturer to 
    reduce the number of exits available in exchange for including 
    additional emergency evacuation design features. The commenter further 
    states that emergency evacuation is most critically affected by the 
    proximity of exits to evacuees, and that by reducing the number of 
    exits, evacuation time will increase. The commenter then proposes to 
    extend the useful time for evacuation by requiring the additional part 
    25 requirement of low flammability interior materials.
        The FAA agrees that the number and proximity of exits in an 
    airplane are two parameters that influence evacuation time. One of the 
    purposes of this rulemaking action is to provide an alternative 
    emergency exit configuration for commuter category airplanes without 
    decreasing cabin safety. Since the service history of small transport 
    category airplanes with regard to emergency exit standards has proven 
    successful, this rule provides the applicant with the option of 
    reducing the number of emergency exits required. The compensation for 
    this reduction is accomplished by meeting additional cabin safety 
    requirements. The overall effect is an equivalent level of safety 
    between Sec. 23.807(d)(1) and Sec. 23.807(d)(4), and the 
    standardization of alternative cabin safety and emergency exit 
    requirements for small transport airplanes and commuter category 
    airplanes that comply with Sec. 23.807(d)(4). The request for 
    additional airworthiness standards for low flammability interior 
    materials is beyond the scope of this rulemaking.
        One commenter recommends increasing the minimum size of the exit in 
    Secs. 23.807(d)(4)(i) and (ii), to the size of a type I exit and 
    requiring it to be floor level. The commenter states that this is 
    necessary because it is the only exit besides the main entry door, and 
    it replaces two other type III exits. The commenter further contends 
    that the flow rates for the type III exits, as listed in Sec. 25.807, 
    support the commenter's opinion that the type III exits are slow and 
    cumbersome to use; and with such obstacles as allowed in proposed 
    Sec. 23.807(d)(3), their efficiency will be reduced even more.
        The FAA disagrees. A requirement for exits larger than those 
    proposed is outside the scope of the rulemaking for the reasons noted 
    above. Furthermore, by meeting the requirements of the proposed exit 
    size and the other cabin safety requirements of Sec. 23.807(d)(4)(iii), 
    minimum requirements for this alternative to Sec. 23.807(d)(4) have 
    been established. This proposal is adopted with the aforementioned 
    changes.
        Proposal 7. This proposal would add emergency exit marking 
    requirements applicable when an applicant for type certification 
    chooses to comply with the alternate emergency exit provisions of 
    proposed Sec. 23.807(d)(4). These proposed requirements would result in 
    emergency exits that are easier to locate in adverse conditions and 
    easier to open once located. The proposal includes additional 
    requirements for both internal and external marking of the emergency 
    exits.
        One commenter suggests that, even though some additions to the 
    current Sec. 23.811 may be necessary, a full part 25 treatment is not 
    necessarily appropriate for small part 23 commuter airplanes. The 
    commenter recommends that the FAA reconsider this proposal and suggests 
    that a human factor analysis study, determining how people react in 
    commuter size cabins, be completed before any rulemaking activity 
    begins.
        The FAA disagrees. Section 23.811(c) provides additional 
    airworthiness requirements for emergency exit markings that would be 
    applicable when certification to the emergency exit provisions of 
    Sec. 23.807(d)(4) is requested. The choice is that of the applicant. 
    Also, the service experience gained by part 25 small transport 
    airplanes, and the experience gained from part 23 commuter category 
    applicants that have been granted exemptions from the emergency exit 
    requirements of Sec. 23.807(d)(1), has proven successful. Accordingly, 
    this alternative is considered suitable for all applicants and further 
    human factor analysis studies are not required.
        One commenter states that proposed Sec. 23.811(c) would require 
    exit path markings that would be unnecessary and burdensome and 
    suggests that it would provide no added safety benefit. The FAA 
    disagrees. This section requires a means to assist occupants in 
    locating emergency exists in dense smoke and does not limit these means 
    to floor proximity lighting only. This proposal is adopted as proposed 
    with the exception of minor editorial corrections.
        Proposal 8. This proposal would add requirements for an emergency 
    lighting system that would apply to an applicant for type certification 
    that chooses to comply with the alternative emergency exit provisions 
    of proposed Sec. 23.807(d)(4). The proposal defines specific minimum 
    requirements for supplying power, arming, and activating the emergency 
    lighting system. The impact activation requirement is consistent with 
    that for emergency locator transmitters. The proposal would also set 
    certain requirements for illumination, function, and the survivability 
    standards of the emergency lighting system. An emergency lighting 
    system that complies with these proposed requirements would aid 
    occupants in locating the emergency exits and exiting after an 
    emergency landing.
        One commenter states that more and brighter lights may be 
    detrimental to a fast egress when all human factors are considered. The 
    commenter recommends additional research before any rulemaking activity 
    begins.
        The FAA disagrees. The requirements for part 25 airplanes have been 
    found to be suitable for part 23 and an alternative to the current part 
    23 standard. Furthermore, these improvements in lighting have already 
    been tested by applicants that have been granted exemptions from 
    Sec. 23.807.
        One commenter does not understand why the requirement to provide 
    emergency lighting should be limited to applicants that have chosen to 
    comply with Sec. 23.807(d)(4) requirements. The commenter further 
    suggests that emergency lighting requirements should be related only to 
    the number of passengers carried. The FAA disagrees. The emergency 
    lighting requirements are not dependent solely on the number of 
    passengers carried, but are a fundamental aspect of improving cabin 
    safety in emergency evacuations.
        Another commenter states that Sec. 23.812(f)(2) implies the use of 
    an inertia switch to activate emergency lighting. The commenter adds 
    that the history of these devices has been poor and the commenter is 
    not convinced of their worth. The FAA disagrees. The use of an inertia 
    switch was not implied in the proposal. The FAA is not mandating the 
    use of specific products in this rulemaking action but rather is 
    addressing an airworthiness requirement. How the applicant chooses to 
    comply with that requirement is left entirely to the applicant.
        Another commenter strongly favors emergency lighting but believes 
    that requirements should be adapted for small commuter category 
    airplanes. The commenter suggests that the proposed rule is acceptable 
    through Sec. 23.812(g) and adds that Sec. 23.812(h) should be modified 
    to require bright lights at the emergency exits inside the airplane and 
    outside the exits other than floor level doors.
        The FAA disagrees. As proposed these requirements are suitable for 
    the small commuter airplanes and are consistent with the requirements 
    for similarly sized small transport category airplanes.
        The same commenter suggests that the floor proximity emergency 
    escape path marking is unnecessary and that Sec. 23.812(h)(3) should be 
    deleted.
        The FAA disagrees. Floor proximity emergency escape path marking is 
    intended to allow passengers, who have become oriented within the cabin 
    during the period of general overhead illumination, to find their way 
    to exits unassisted after the general overhead illumination becomes 
    obscured. There are many combinations of lights, markers, and signs 
    that might serve this objective, and each must be shown adequate for 
    the particular cabin interior and exit arrangement; therefore, this 
    performance standard is used to allow design flexibility and ensure the 
    necessary safety.
        The same commenter adds that the requirements of Sec. 23.812(i) 
    through Sec. 23.812(l), are acceptable; however, general illumination 
    is not necessary, and Sec. 23.812(l)(1) should probably specify 50 
    percent instead of 75 percent illumination. General illumination 
    requirements are considered to be an essential element in the standards 
    for providing adequate lighting for the airplane occupants to reach, 
    operate, and egress through the entry door or the emergency exits in 
    emergency situations when the normal interior lighting has been 
    rendered inoperative.
        This proposed emergency lighting standard was developed with 
    consideration for: emergency lighting standards used for small 
    transport airplanes; additional airworthiness requirements applied to 
    commuter category airplanes when exemptions to the requirements of 
    Secs. 23.807(d)(1) (i) or (ii), were granted; and the need to ensure 
    that the ability to egress a commuter category airplane is maintained 
    when the number of emergency exits is fewer than the number required by 
    Secs. 23.807(d)(1) (i) or (ii). It is not necessary to require that all 
    lights, except those directly damaged by the fuselage breakup, remain 
    operative after any single vertical separation of the fuselage during a 
    crash landing. The FAA considers the present requirement that permits 
    25 percent of certain emergency lights, in addition to those directly 
    damaged by the fuselage breakup, to be rendered inoperative 
    (Sec. 23.812(l)(2)) adequate to accomplish safe evacuation. This 
    proposal is adopted as proposed.
        Proposal 9. This proposal would add requirements to ensure 
    emergency exit accessibility when an applicant for type certification 
    chooses to comply with the alternative emergency exit provisions of 
    proposed Sec. 23.807(d)(4). Structural failures or yielding of the 
    airframe can occur during an emergency landing or a crash event and may 
    result in one or more emergency exits or the passenger door being 
    rendered unusable. Since the total number of exits available for 
    emergency egress can be fewer with the alternate emergency exit 
    requirements, this proposal defines minimum unobstructed aisle width at 
    the passenger entry door. This proposal would also add other 
    requirements to ensure that any partitions or doorways within the 
    passenger compartment do not hinder occupant access to the exits during 
    an emergency situation.
        One commenter suggests that the proposal needs to be clarified so 
    that the lavatory compartment, with a seat approved for use during 
    takeoff and landing, is not considered to be a passenger compartment 
    prohibited from having a door installed between it and the remainder of 
    the passenger compartment. The commenter believes that the provisions 
    of Sec. 23.813(b)(5) provide an adequate and equivalent level of safety 
    whenever doors are installed and that Sec. 23.813(b)(4) should be 
    deleted.
        The FAA agrees that clarification of Sec. 23.813(b)(4) and 
    Sec. 23.813(b)(5) is needed. Accordingly, after the semicolon following 
    ``compartments'' in Sec. 23.813(b)(4), the word ``and'' will be 
    deleted. The remaining part of the paragraph will read, ``unless the 
    door has a means to latch it in the open position. The latching means 
    must be able to withstand the loads imposed upon it by the door when 
    the door is subjected to the inertia loads resulting from the ultimate 
    static load factors prescribed in Sec. 23.561(b)(2).'' Proposed 
    Sec. 23.813(b)(5) is adopted with the change noted above.
        Two commenters suggest that proposed Sec. 23.813(b)(2) be deleted 
    because it is not appropriate to small airplanes that do not use cabin 
    attendants. The FAA disagrees. Since not all exits may be operational 
    during an emergency evacuation, the intent of the rule is to ensure 
    minimum unobstructed aisle width and passenger entryways in order to 
    maintain occupant access to exits. The term ``assistance,'' as used in 
    the proposal, does not necessarily mean cabin attendants. This proposal 
    is adopted with the aforementioned changes.
        Proposal 10. This proposal would require increased aisle widths 
    when an applicant for type certification chooses to comply with the 
    alternative emergency exit provisions of proposed Sec. 23.807(d)(4). 
    The proposed increased aisle width requirements are intended to ensure 
    that the airplane passengers can reach an exit in an emergency 
    situation even though the floor structure has been warped or there are 
    seats or other items protruding into the normal aisle space.
        One commenter supports the establishment of 12 inches as the 
    minimum aisle width and is against allowing aisles as narrow as 9 
    inches in certain cases. The commenter feels that there is never a time 
    when such a narrow aisle is appropriate. The FAA disagrees. Service 
    experience in small transport category airplanes with a passenger 
    seating capacity of 10 or fewer and an aisle width not less than 9 
    inches has been found satisfactory.
        One commenter states that the expanded aisle widths would cause an 
    increase in the fuselage width of most commuter airplanes and that the 
    proposal would, in most cases, negate the use of any alternate 
    emergency exit provisions. The comment does not reveal whether the 
    commenter has considered that variations in seating layout for new 
    designs would accommodate the requirement and the commenter has 
    supplied no data to support this contention.
        One commenter states that, with two abreast seating, aisle width 
    requirements do not control passenger flow in an emergency evacuation. 
    The commenter suggests that if the FAA has evidence that aisle width 
    restricts passenger flow when three abreast seating is used, then the 
    proposed Sec. 23.815(b) should be made applicable only to such 
    arrangements. The commenter adds that the FAA should consider that 
    proposed Sec. 23.815(b) would discriminate against airplanes with two 
    abreast seating because the increased aisle width is generally 
    impractical.
        The FAA disagrees. The purpose of the increased aisle width is to 
    increase the probability that occupants can reach an exit during an 
    emergency situation, even though seats or other items may be protruding 
    into the normal aisle space. It is recognized that changes in aisle 
    width have little significant effect on evacuation if minimum 
    airworthiness standards for cabin safety and emergency exits are first 
    met. However, part of the intent of this amendment is to establish 
    these minimum alternative requirements for part 23 commuter category 
    airplanes consistent with those for part 25 small transport category 
    airplanes. This proposal is adopted as proposed.
    
    Final Regulatory Evaluation, Final Regulatory Flexibility 
    Determination, and Trade Impact Assessment
    
        Proposed changes to Federal regulations must undergo several 
    economic analyses. First, Executive Order 12866 directs that each 
    Federal agency shall propose or adopt a regulation only upon a reasoned 
    determination that the benefits of the intended regulation justify its 
    costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
    to analyze the economic effect of regulatory changes on small entities. 
    Third, the Office of Management and Budget directs agencies to assess 
    the effects of regulatory changes on international trade. In conducting 
    these analyses, the FAA has determined that this rule: (1) Will 
    generate benefits that justify its costs and is not a ``significant 
    regulatory action'' as defined in the Executive Order; (2) is not 
    ``significant'' as defined in DOT's Policies and Procedures; (3) will 
    not have a significant impact on a substantial number of small 
    entities; and (4) will not constitute a barrier to international trade. 
    These analyses, available in the docket, are summarized below.
    
    Regulatory Evaluation Summary
    
    Flightcrew Exit
    
        Few airplane models will likely be affected by this part of the 
    rule. For purposes of illustrating representative costs, it is assumed 
    that one new model will be type certificated three years following the 
    effective date of the rule and that 10 airplanes will be manufactured 
    annually during a ten-year production run, each with an average 
    operating life of 25 years. The FAA estimates that the additional exit 
    will cost $7,300 per airplane, totalling $730,000. Increased fuel cost 
    resulting from the added weight of the exit is estimated to be $200 per 
    airplane per year, totalling $500,000. These costs total $1,230,000, or 
    $525,000 discounted at seven percent to present value.
        Historical accident data do not reveal that crewmember fatalities 
    have occurred as a result of inability to exit cargo-laden airplanes in 
    otherwise survivable accidents. However, such an occurrence is a 
    possibility. As applied to the above representative certification, the 
    additional flightcrew exits would be cost beneficial if only one 
    fatality was prevented. For the purpose of quantifying benefits, the 
    FAA currently uses a minimum value of $2,600,000 to statistically 
    represent a human fatality avoided.
    
    Emergency Ditching Requirements
    
        Most current multiengine airplane models would satisfy the ditching 
    requirements of the rule. Future models with side exits above the 
    waterline will experience little or no incremental costs. However, 
    designs with overhead emergency exits in lieu of side exits above the 
    waterline would cost approximately $11,000 per airplane, totalling 
    $1,100,000 (using the same production run and service life assumptions 
    used above). Increased fuel cost resulting from added weight is 
    estimated to be $300 per airplane per year, totalling $750,000. These 
    costs total $1,850,000, or $790,000 discounted.
        Historical accident data indicate that between 1975 and 1991, 14 
    multiengine commuter airplanes experienced an emergency forced landing 
    in water, resulting in 43 fatalities in total. Although there is no 
    evidence that the fatalities occurred solely because the available 
    emergency exits were below the waterline (hence making it difficult if 
    not impossible to exit the airplane), such a situation is a distinct 
    possibility absent the new requirements. As applied to the above type 
    certification, the modified emergency exits would be cost-beneficial if 
    only two fatalities were prevented.
    
    Remaining Provisions of the Rule
    
        With the exception of the provisions related to the flightcrew exit 
    and emergency ditching, the rule changes will not result in additional 
    costs to manufacturers. Most of the changes will provide manufacturers 
    of certain commuter category airplanes with a choice of either:
        (1) Designing to current Part 23 cabin safety standards which 
    require two emergency exits (in addition to the passenger entry door) 
    for airplanes with a total passenger seating capacity of 15 or fewer, 
    or three emergency exits (in addition to the passenger entry door) for 
    airplanes with a total passenger seating capacity of 16 to 19; or
        (2) Designing to the alternative Part 23 standards that mirror the 
    current requirements for Part 25 small transport category airplanes 
    requiring only one exit (in addition to the passenger entry door) for 
    airplanes with a passenger seating capacity of 19 or fewer, and also 
    requiring many other cabin safety improvements that are not currently 
    required for Part 23 commuter airplanes.
        A manufacturer would choose the alternative that is more cost-
    effective. A nonquantifiable benefit of this rule is that it will make 
    the cabin safety requirements of commuter category airplanes consistent 
    with those of small transport category airplanes of similar passenger 
    capacities.
    
    Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily and 
    disproportionately burdened by government regulations. The RFA requires 
    agencies to review rules which may have ``a significant economic impact 
    on a substantial number of small entities.''
        As defined by implementing FAA Order 2100.14A, the size threshold 
    for designating an aircraft manufacturer a small entity is 75 
    employees; that is, an aircraft manufacturer with more than 75 
    employees is not considered to be a small entity. A substantial number 
    of small entities is defined as a number which is not fewer than 11 and 
    which is more than one-third of the small entities subject to the rule. 
    Since there are fewer than 11 small airplane manufacturers that will be 
    affected by the new requirements, the rule will not have a significant 
    economic impact on a substantial number of small entities.
    
    International Trade Impact Assessment
    
        The rule will have little or no impact on trade for either American 
    firms doing business in foreign countries or foreign firms doing 
    business in the United States. In the United States, foreign 
    manufacturers will have to meet U.S. requirements, and thus will gain 
    no competitive advantage. In foreign countries, American manufacturers 
    need not comply with these requirements if the foreign country does not 
    require them and, therefore, will not be placed at a competitive 
    disadvantage relative to foreign manufacturers.
    
    Federalism Implications
    
        The regulations herein will not have substantial direct effects on 
    the States, on the relationship between the national government and the 
    States, or on the distribution of power and responsibilities among the 
    various levels of government. Therefore, in accordance with Executive 
    Order 12612, it is determined that this final rule does not have 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    Conclusion
    
        This final rule upgrades the emergency egress requirements of the 
    airworthiness standards for normal, utility, acrobatic, and commuter 
    category airplanes. Applicants seeking new type certification for all 
    airplane categories will be required to provide for ditching and 
    flightcrew emergency exits to ensure that emergency exits are available 
    to all flightcrew members and that emergency exits are available to all 
    multiengine airplane occupants during an emergency landing in water. In 
    addition, this final rule provides an applicant seeking type 
    certification for commuter category airplanes the option of meeting 
    exit requirements that are consistent with the existing transport 
    category standards.
        For the reasons discussed in the preamble, and based on the 
    findings in the Regulatory Evaluation, the FAA has determined that this 
    regulation is nonsignificant under Executive Order 12866. In addition, 
    the FAA certifies that this regulation will not have a significant 
    economic impact, positive or negative, on a substantial number of small 
    entities. This regulation is not considered significant under DOT 
    Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). A 
    regulatory evaluation of the regulation has been placed in the docket. 
    A copy may be obtained by contacting the person identified under FOR 
    FURTHER INFORMATION CONTACT.
    
    List of Subjects in 14 CFR Part 23
    
        Aircraft, Aviation safety, Signs and symbols.
    
        Issued in Washington, DC on May 11, 1994.
    David R. Hinson,
    Administrator.
    
    The Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration amends part 23 of the Federal Aviation Regulations (14 
    CFR part 23) as follows:
    
    PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 
    COMMUTER CATEGORY AIRPLANES
    
        1. The authority citation for part 23 continues to read as follows:
    
        Authority: 49 U.S.C. 1344, 1354(a), 1355, 1421, 1423, 1425, 
    1428, 1429, 1430; 49 U.S.C. 106(g).
    
        2. Section 23.561 is amended by adding a new paragraph (b)(2)(iv) 
    to read as follows:
    
    
    Sec. 23.561  General.
    
    * * * * *
        (b) * * *
        (2) * * *
        (iv) Downward, 6.0g when certification to the emergency exit 
    provisions of Sec. 23.807(d)(4) is requested; and
    * * * * *
        3. Section 23.783 is amended by adding a new paragraph (f) to read 
    as follows:
    
    
    Sec. 23.783  Doors.
    
    * * * * *
        (f) In addition, for commuter category airplanes, the following 
    requirements apply:
        (1) Each passenger entry door must qualify as a floor level 
    emergency exit. This exit must have a rectangular opening of not less 
    than 24 inches wide by 48 inches high, with corner radii not greater 
    than one-third the width of the exit.
        (2) If an integral stair is installed at a passenger entry door, 
    the stair must be designed so that, when subjected to the inertia loads 
    resulting from the ultimate static load factors in Sec. 23.561(b)(2) 
    and following the collapse of one or more legs of the landing gear, it 
    will not reduce the effectiveness of emergency egress through the 
    passenger entry door.
        4. Section 23.803 is amended by designating the existing text as 
    paragraph (a), and by adding a new paragraph (b) to read as follows:
    
    
    Sec. 23.803  Emergency evacuation.
    
    * * * * *
        (b) In addition, when certification to the emergency exit 
    provisions of Sec. 23.807(d)(4) is requested, only the emergency 
    lighting system required by Sec. 23.812 may be used to provide cabin 
    interior illumination during the evacuation demonstration required in 
    paragraph (a) of this section.
        5. A new Sec. 23.805 is added to read as follows:
    
    
    Sec. 23.805  Flightcrew emergency exits.
    
        For airplanes where the proximity of the passenger emergency exits 
    to the flightcrew area does not offer a convenient and readily 
    accessible means of evacuation for the flightcrew, the following apply:
        (a) There must be either one emergency exit on each side of the 
    airplane, or a top hatch emergency exit, in the flightcrew area;
        (b) Each emergency exit must be located to allow rapid evacuation 
    of the crew and have a size and shape of at least a 19- by 20-inch 
    unobstructed rectangular opening; and
        (c) For each emergency exit that is not less than six feet from the 
    ground, an assisting means must be provided. The assisting means may be 
    a rope or any other means demonstrated to be suitable for the purpose. 
    If the assisting means is a rope, or an approved device equivalent to a 
    rope, it must be--
        (1) Attached to the fuselage structure at or above the top of the 
    emergency exit opening or, for a device at a pilot's emergency exit 
    window, at another approved location if the stowed device, or its 
    attachment, would reduce the pilot's view; and
        (2) Able (with its attachment) to withstand a 400-pound static 
    load.
        6. Section 23.807 is amended by revising paragraphs (d) 
    introductory text and (d)(1), and by adding paragraphs (d)(3), (d)(4), 
    and (e) to read as follows:
    
    
    Sec. 23.807  Emergency exits.
    
    * * * * *
        (d) Doors and exits. In addition, for commuter category airplanes, 
    the following requirements apply:
        (1) In addition to the passenger entry door--
        (i) For an airplane with a total passenger seating capacity of 15 
    or fewer, an emergency exit, as defined in paragraph (b) of this 
    section, is required on each side of the cabin; and
        (ii) For an airplane with a total passenger seating capacity of 16 
    through 19, three emergency exits, as defined in paragraph (b) of this 
    section, are required with one on the same side as the passenger entry 
    door and two on the side opposite the door.
    * * * * *
        (3) Each required emergency exit, except floor level exits, must be 
    located over the wing or, if not less than six feet from the ground, 
    must be provided with an acceptable means to assist the occupants to 
    descend to the ground. Emergency exits must be distributed as uniformly 
    as practical, taking into account passenger seating configuration.
        (4) Unless the applicant has complied with paragraph (d)(1) of this 
    section, there must be an emergency exit on the side of the cabin 
    opposite the passenger entry door, provided that--
        (i) For an airplane having a passenger seating configuration of 
    nine or fewer, the emergency exit has a rectangular opening measuring 
    not less than 19 inches by 26 inches high with corner radii not greater 
    than one-third the width of the exit, located over the wing, with a 
    step up inside the airplane of not more than 29 inches and a step down 
    outside the airplane of not more than 36 inches;
        (ii) For an airplane having a passenger seating configuration of 10 
    to 19 passengers, the emergency exit has a rectangular opening 
    measuring not less than 20 inches wide by 36 inches high, with corner 
    radii not greater than one-third the width of the exit, and with a step 
    up inside the airplane of not more than 20 inches. If the exit is 
    located over the wing, the step down outside the airplane may not 
    exceed 27 inches; and
        (iii) The airplane complies with the additional requirements of 
    Secs. 23.561(b)(2)(iv), 23.803(b), 23.811(c), 23.812, 23.813(b), and 
    23.815.
        (e) For multiengine airplanes, ditching emergency exits must be 
    provided in accordance with the following requirements, unless the 
    emergency exits required by paragraph (a) or (d) of this section 
    already comply with them:
        (1) One exit above the waterline on each side of the airplane 
    having the dimensions specified in paragraph (b) or (d) of this 
    section, as applicable; and
        (2) If side exits cannot be above the waterline, there must be a 
    readily accessible overhead hatch emergency exit that has a rectangular 
    opening measuring not less than 20 inches wide by 36 inches long, with 
    corner radii not greater than one-third the width of the exit.
        7. Section 23.811 is amended by adding a new paragraph (c) to read 
    as follows:
    
    
    Sec. 23.811  Emergency exit marking.
    
    * * * * *
        (c) In addition, when certification to the emergency exit 
    provisions of Sec. 23.807(d)(4) is requested, the following apply:
        (1) Each emergency exit, its means of access, and its means of 
    opening, must be conspicuously marked;
        (2) The identity and location of each emergency exit must be 
    recognizable from a distance equal to the width of the cabin;
        (3) Means must be provided to assist occupants in locating the 
    emergency exits in conditions of dense smoke;
        (4) The location of the operating handle and instructions for 
    opening each emergency exit from inside the airplane must be shown by 
    marking that is readable from a distance of 30 inches;
        (5) Each passenger entry door operating handle must--
        (i) Be self-illuminated with an initial brightness of at least 160 
    microlamberts; or
        (ii) Be conspicuously located and well illuminated by the emergency 
    lighting even in conditions of occupant crowding at the door;
        (6) Each passenger entry door with a locking mechanism that is 
    released by rotary motion of the handle must be marked--
        (i) With a red arrow, with a shaft of at least three-fourths of an 
    inch wide and a head twice the width of the shaft, extending along at 
    least 70 degrees of arc at a radius approximately equal to three-
    fourths of the handle length;
        (ii) So that the center line of the exit handle is within 
     one inch of the projected point of the arrow when the 
    handle has reached full travel and has released the locking mechanism;
        (iii) With the word ``open'' in red letters, one inch high, placed 
    horizontally near the head of the arrow; and
        (7) In addition to the requirements of paragraph (a) of this 
    section, the external marking of each emergency exit must--
        (i) Include a 2-inch colorband outlining the exit; and
        (ii) Have a color contrast that is readily distinguishable from the 
    surrounding fuselage surface. The contrast must be such that if the 
    reflectance of the darker color is 15 percent or less, the reflectance 
    of the lighter color must be at least 45 percent. ``Reflectance'' is 
    the ratio of the luminous flux reflected by a body to the luminous flux 
    it receives. When the reflectance of the darker color is greater than 
    15 percent, at least a 30 percent difference between its reflectance 
    and the reflectance of the lighter color must be provided.
        8. A new Sec. 23.812 is added to read as follows:
    
    
    Sec. 23.812  Emergency lighting.
    
        When certification to the emergency exit provisions of 
    Sec. 23.807(d)(4) is requested, the following apply:
        (a) An emergency lighting system, independent of the main cabin 
    lighting system, must be installed. However, the source of general 
    cabin illumination may be common to both the emergency and main 
    lighting systems if the power supply to the emergency lighting system 
    is independent of the power supply to the main lighting system.
        (b) There must be a crew warning light that illuminates in the 
    cockpit when power is on in the airplane and the emergency lighting 
    control device is not armed.
        (c) The emergency lights must be operable manually from the 
    flightcrew station and be provided with automatic activation. The 
    cockpit control device must have ``on,'' ``off,'' and ``armed'' 
    positions so that, when armed in the cockpit, the lights will operate 
    by automatic activation.
        (d) There must be a means to safeguard against inadvertent 
    operation of the cockpit control device from the ``armed'' or ``on'' 
    positions.
        (e) The cockpit control device must have provisions to allow the 
    emergency lighting system to be armed or activated at any time that it 
    may be needed.
        (f) When armed, the emergency lighting system must activate and 
    remain lighted when--
        (1) The normal electrical power of the airplane is lost; or
        (2) The airplane is subjected to an impact that results in a 
    deceleration in excess of 2g and a velocity change in excess of 3.5 
    feet-per-second, acting along the longitudinal axis of the airplane; or
        (3) Any other emergency condition exists where automatic activation 
    of the emergency lighting is necessary to aid with occupant evacuation.
        (g) The emergency lighting system must be capable of being turned 
    off and reset by the flightcrew after automatic activation.
        (h) The emergency lighting system must provide internal lighting, 
    including--
        (1) Illuminated emergency exit marking and locating signs, 
    including those required in Sec. 23.811(b);
        (2) Sources of general illumination in the cabin that provide an 
    average illumination of not less than 0.05 foot-candle and an 
    illumination at any point of not less than 0.01 foot-candle when 
    measured along the center line of the main passenger aisle(s) and at 
    the seat armrest height; and
        (3) Floor proximity emergency escape path marking that provides 
    emergency evacuation guidance for the airplane occupants when all 
    sources of illumination more than 4 feet above the cabin aisle floor 
    are totally obscured.
        (i) The energy supply to each emergency lighting unit must provide 
    the required level of illumination for at least 10 minutes at the 
    critical ambient conditions after activation of the emergency lighting 
    system.
        (j) If rechargeable batteries are used as the energy supply for the 
    emergency lighting system, they may be recharged from the main 
    electrical power system of the airplane provided the charging circuit 
    is designed to preclude inadvertent battery discharge into the charging 
    circuit faults. If the emergency lighting system does not include a 
    charging circuit, battery condition monitors are required.
        (k) Components of the emergency lighting system, including 
    batteries, wiring, relays, lamps, and switches, must be capable of 
    normal operation after being subjected to the inertia forces resulting 
    from the ultimate load factors prescribed in Sec. 23.561(b)(2).
        (l) The emergency lighting system must be designed so that after 
    any single transverse vertical separation of the fuselage during a 
    crash landing:
        (1) At least 75 percent of all electrically illuminated emergency 
    lights required by this section remain operative; and
        (2) Each electrically illuminated exit sign required by Sec. 23.811 
    (b) and (c) remains operative, except those that are directly damaged 
    by the fuselage separation.
        9. Section 23.813 is amended by designating the existing text as 
    paragraph (a), and by adding a new paragraph (b) to read as follows:
    
    
    Sec. 23.813  Emergency exist access.
    
    * * * * *
        (b) In addition, when certification to the emergency exit 
    provisions of Sec. 23.807(d)(4) is requested, the following emergency 
    exit access must be provided:
        (1) The passageway leading from the aisle to the passenger entry 
    door must be unobstructed and at least 20 inches wide.
        (2) There must be enough space next to the passenger entry door to 
    allow assistance in evacuation of passengers without reducing the 
    unobstructed width of the passageway below 20 inches.
        (3) If it is necessary to pass through a passageway between 
    passenger compartments to reach a required emergency exit from any seat 
    in the passenger cabin, the passageway must be unobstructed; however, 
    curtains may be used if they allow free entry through the passageway.
        (4) No door may be installed in any partition between passenger 
    compartments unless that door has a means to latch it in the open 
    position. The latching means must be able to withstand the loads 
    imposed upon it by the door when the door is subjected to the inertia 
    loads resulting from the ultimate static load factors prescribed in 
    Sec. 23.561(b)(2).
        (5) If it is necessary to pass through a doorway separating the 
    passenger cabin from other areas to reach a required emergency exit 
    from any passenger seat, the door must have a means to latch it in the 
    open position. The latching means must be able to withstand the loads 
    imposed upon it by the door when the door is subjected to the inertia 
    loads resulting from the ultimate static load factors prescribed in 
    Sec. 23.561(b)(2).
        10. Section 23.815 is amended by designating the existing text as 
    paragraph (a); by amending newly designated paragraph (a) by removing 
    the word ``For'' and adding in its place the words ``Except as provided 
    in paragraph (b) of this section, for''; and by adding a new paragraph 
    (b) to read as follows:
    
    
    Sec. 23.815  Width of aisle.
    
    * * * * *
        (b) When certification to the emergency exist provisions of 
    Sec. 23.807(d)(4) is requested, the main passenger aisle width at any 
    point between the seats must equal or exceed the following values:
    
    ------------------------------------------------------------------------
                                                     Minimum main passenger 
                                                      aisle width (inches)  
                                                   -------------------------
              Number of passenger seats              Less than    25 inches 
                                                     25 inches     and more 
                                                    from floor    from floor
    ------------------------------------------------------------------------
    10 or fewer...................................        \1\12           15
    11 through 19.................................           12           20
    ------------------------------------------------------------------------
    \1\A narrower width not less than 9 inches may be approved when         
      substantiated by tests found necessary by the Administrator.          
    
    
    [FR Doc. 94-11847 Filed 5-16-94; 8:45 am]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
05/17/1994
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-11847
Dates:
June 16, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 17, 1994
CFR: (23)
14 CFR 23.807(a)
14 CFR 23.813(b)(5)
14 CFR 23.561(b)(2)
14 CFR 135.87(c)(7)
14 CFR 23.807(d)(1)
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