[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Proposed Rules]
[Pages 38552-38557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18824]
[[Page 38551]]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 25 and 121
Miscellaneous Cabin Safety Changes; Proposed Rule
Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 /
Proposed Rules
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[[Page 38552]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25 and 121
[Docket No. 28637; Notice No. 96-9]
RIN 2120-AF77
Miscellaneous Cabin Safety Changes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to revise the airworthiness standards
for transport category airplanes relating to flight attendant assist
space, flight attendant assist handles, door hold open features,
outside viewing means, interior compartment doors and portable oxygen
equipment. With one exception, these proposals are not the result of
any specific incident or recommendation, but are part of the Agency's
continuing effort to upgrade the regulations to improve the overall
level of safety in areas where the state-of-the-art and good design
practice have indicated that such upgrades are warranted. These
proposals would result in both new type design regulations as well as
retroactive requirements implemented via the operating rules.
DATES: Comments must be received on or before November 21, 1996.
ADDRESSES: Comments on this notice may be mailed in triplicate to:
Federal Aviation Administration, Office of the Chief Counsel, Attn:
Rules Docket (AGC-200), Docket No. 28637, 800 Independence Avenue SW.,
Washington, DC 20591; or delivered comments in triplicate to: Federal
Aviation Administration, Room 915G, 800 Independence Avenue SW.,
Washington, DC 20591. Comments must be marked Docket No. 28637.
Comments may also be submitted electronically to
nprmcmts@mail.hq.faa.gov.
Comments may be examined in the Rules Docket weekdays, except
Federal holidays, between 8:30 a.m. and 5 p.m. In addition, the FAA is
maintaining an information docket of comments in the Transport Airplane
Directorate (ANM-100), Federal Aviation Administration, 1601 Lind
Avenue SW, Renton, Washington 98055-4056. Comments in the information
docket may be examined in the Transport Airplane Directorate weekdays,
except Federal holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Gardlin, Regulations Branch, ANM-114, Transport Airplane
Directorate, Aircraft Certification Service, FAA, 1601 Lind Avenue SW,
Renton, Washington 98055-4056; telephone (206) 227-2136.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments relating to any environmental, energy, federalism,
or economic impacts that might result from adoption of the proposal
contained in this notice are also invited. Substantive comments should
be accompanied by cost estimates. Commenters should identify the
regulatory docket or notice number and submit comments in triplicate to
the Rules Docket address above. All comments received on or before the
closing date for comments will be considered by the Administrator
before taking action on this proposed rulemaking. The proposal
contained in this notice may be changed in light of comments received.
All comments received will be available in the Rules Docket, both
before and after the closing date for comments, for examination by
interested persons. A report summarizing each substantive public
contact with FAA personnel concerning this rulemaking will be filed in
the docket. Persons wishing the FAA to acknowledge receipt of their
comments must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. 28637.'' A postcard will be date/time stamped and returned to the
commenter.
Availability of NPRM
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339), the Federal Register's electronic bulletin board service
(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory
Committee Bulletin Board service (telephone: 202-267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's web page at http://www.access.gpo.gov/
su__docs for access to recently published rulemaking documents.
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office Rulemaking, ARM-1, 800
Independence Avenue SW., Washington, DC 20591; or by calling (202) 267-
9680. Communications must identify the notice number of this NPRM.
Persons interested in being placed on the mailing list for future
NPRM's should also request a copy of Advisory Circulator No. 11-2A,
Notice of Proposed Rulemaking Distribution System, which describes the
application procedure.
Background
Primarily as a result of accidents during the 1960's, several
amendments (25-15, 25-17, 25-20, and 25-32) to part 25 pertaining to
cabin safety and crashworthiness were enacted. These amendments were
designed to correct certain deficiencies identified during the
investigations of the aforementioned accidents, and were, in many
cases, made retroactive for airplanes already in service. Recent
amendments pertaining to cabin safety have resulted from research and
development in the areas of fire safety and evacuation slide
performance, among others. As a result of the Public Technical
Conference on Evacuation held in Seattle, Washington, in September
1985, several regulatory and advisory actions have been taken by the
FAA to further upgrade standards in the cabin safety area. In a
continuing effort to upgrade these standards the FAA is proposing to
make several additional amendments which would further improve cabin
safety. These proposals are not directly a result of the public
conference but are actions deemed appropriate by the FAA considering
the current state-of-the-art and existing design practice. One of the
proposals follows a National Transportation Safety Board (NTSB)
recommendation. Although nearly all existing installations already
comply, the proposed rulemaking would ensure that any others comply as
well.
Current policy for FAA rulemaking projects is to endeavor to
achieve harmonization with the Joint Airworthiness Authorities (JAA)
and other airworthiness authorities through the Aviation Rulemaking
Advisory Committee (ARAC) and its harmonization working groups. This
rulemaking project has not been the subject of a harmonization working
group activity because it was initiated prior to the time that
harmonization became the policy with the FAA and JAA. The proposals
contained in this notice have, however, been coordinated with the Joint
Aviation Authorities (JAA), during specialist meetings between the FAA
and JAA. The JAA is in agreement with the proposals, but may provide
comments on the detailed regulatory language. The JAA intends to
incorporate these proposals into
[[Page 38553]]
paragraph 25 of the Joint Aviation Requirements (JAR-25) after they are
finalized by the FAA.
Discussion
Section 25.813 requires that each non-overwing exit equipped with
an assist means also have adequate space next to the exit for a flight
attendant to stand and assist occupants while evacuating. The size of
this ``assist space'' is not specified in the regulations. Guidance
material in Civil Aeronautics Manual (CAM) 4b.362-6(b) states that the
assist space should be a 12 x 20-inch rectangle on the floor and be
useable. A rectangle of this size is generally recognized as the
minimum size acceptable for compliance with Sec. 25.813 or its
predecessor Sec. 4b.362(g) of the Civil Air Regulations (CAR).
Deviations are, however, permitted if the efficacy of the assist space
is demonstrated. Demonstrations of a smaller or irregular shaped assist
space usually take place in controlled evacuation tests conducted under
conditions similar to those specified in Appendix J to Part 25 for
emergency evacuation demonstrations. While these demonstrations have
value, they do not account for the potentially adverse conditions
likely to be encountered in service. A minimum size for assist spaces
needs to be established in the regulations to provide more standardized
application of the requirement and give additional margins of safety
under adverse conditions which may be encountered in service.
Service experience, both in tests and actual incidents, indicates
that the assist space recommended in CAM 4b.362-6(b) is adequate;
therefore, this notice proposes to amend Sec. 25.813 to require that
the assist space be a minimum of 12 x 20 inches on the floor with the
12-inch dimension parallel to the exit opening. The current requirement
that the assist space must not obstruct the required passageway would
be retained. The proposal does not specify the location of the assist
space relative to the exit opening, since the best location may vary
from one installation to another. In any case, the assist space should
be located to provide the maximum benefit to evacuation. The minimum
dimensions specified assume that a flight attendant would be able to
stand upright, and installations which do not provide adequate headroom
to enable a 95 percentile male to stand upright would probably need an
increase in the fore and aft dimension of the assist space to provide
the same level of efficacy as a full height installation. (Information
on anthropometry can be found in NASA reference publication 1024,
Anthropometric Source Book Volume I, Anthropometry for Designers.) The
amount of increase required in these instances would be dependent on
the details of the installation and will not be specified in the
regulation.
As proposed, the assist space requirement would apply to all of the
larger exit types (i.e., Types I, II, and A) regardless of whether or
not they are over the wing. Except for Type A exists, the current
regulations do not require an assist space for exits over the wing. The
need for an assist space at these exits is dependent primarily on the
presence of an assist means where the rate of egress is critical.
Future airplane designs, as well as current regulatory activity (Notice
90-4 (55 FR 6344, February 22, 1990)), may make the installation of
overwing floor level exits an attractive option, so it is proposed to
account for their use here. In addition, the current regulations only
require an assist space for the larger exits when there is an assist
means required. For airplanes of relatively small passenger capacity,
service experience indicates that this is a reasonable standard.
However, for airplanes with a larger passenger capacity, an assist
space should be required whether or not an assist means is required.
This proposal would also correct a longstanding editorial error in part
121, that states that assist spaces are required at all Type I or II
exits, regardless of whether or not an assist means is installed.
Therefore, this notice proposes to also require an assist space at all
Type II or larger exits on airplanes with a passenger capacity of 79 or
greater. (If a change proposed in Notice of Proposed Rulemaking 90-4
(55 FR 6344, February 22, 1990) is adopted, this would become 80
passengers in lieu of 79). This includes tailcone exits that are
qualified for 25 additional passenger seats under the provisions of
Sec. 25.807(d)(3)(ii) and are required by Sec. 25.810(a) to have such
assist means, since these can become primary exits under certain
evacuation scenarios and will require the assistance of a flight
attendant to perform at their potential.
Conversely, the current regulations would require an assist space
for a non-floor level, non-overwing exit which incorporates an assist
means. There is at present one airplane with exits that fall into this
category. Given the design difficulties presented by such a design, the
prospects for such exits in the future do not seem likely. Furthermore
the appropriateness of the current standards for such exits appears
questionable (the one example currently in existence was approved by
special conditions). This existing provision in the regulations would,
therefore, be removed by this proposal. In the unlikely event a design
of this nature were proposed, the FAA would develop criteria
appropriate for that design in the form of special conditions.
Most existing installations currently comply with this proposal,
however for the few that do not, the economic penalty for direct
compliance would be quite high. It is also difficult to quantify the
benefit that might be gained from reconfiguring airplanes already
manufactured and placed in service to comply with this proposal;
therefore, no retroactive action is proposed. For newly manufactured
airplanes, the economic burden of compliance is minimal. Therefore, it
is proposed to amend Sec. 121.310(f)(2) to require that the assist
spaces of all airplanes manufactured two years after the effective date
of this amendment comply with these criteria.
One common design feature of large transport airplanes has been an
assist handle to enable flight attendants to steady themselves while
assisting passengers in evacuating. The assist handle can be crucial in
permitting the flight attendant to perform his or her duties
efficiently. This, in turn, can have a direct bearing on the success of
an emergency evacuation. There is, at present, no requirement for
assist handles and most if not all installations incorporate them.
Although an assist handle may not always be necessary due to the
unpredictable nature of an emergency evacuation, it is a valuable tool
that should be available to the flight attendant when it is needed. In
addition, the assist handle is an integral part of flight attendant
training. The addition of the requirement in part 25 would eliminate
incompatibilities between the type design and operational requirements.
In some cases a handle designed to provide leverage when opening,
or more commonly, closing passenger and service doors is installed.
Often, this handle is not located at the designated assist space.
Service experience has shown that the presence of the handle at another
location can mislead a flight attendant into standing in a location
that could obstruct the required passageway. Service experience also
indicates that there is a need for assist handles to enable flight
attendants to steady themselves while actuating the manual inflation
handle on escape slides. The manual handle is located on the door sill,
and essentially requires the attendant to straddle the door opening
when pulling the handle. The attendant is quite vulnerable to the
possibility of being pushed out of the
[[Page 38554]]
exit. The FAA expects that it would be possible for one handle to serve
both purposes; however, two different handles might be needed at the
same exit in some instances. The assist handle(s) should be usable by
the range of flight attendants encompassing the 5th percentile female
to the 95th percentile male.
This notice proposes to require that assist handles be installed at
the designated assist space for all floor level exists that require an
assist space. In addition, a companion change to Sec. 121.310(l) is
proposed that would be applicable to newly manufactured airplanes
entering the fleet and require retrofit of the existing in-service
fleet. A two year retrofit period is proposed.
Emergency evacuations are frequently necessary either due to, or in
combination with ,a hazard such as a fire outside the airplane. Because
the hazard may pose an immediate threat to the occupants of the
airplane, it is often necessary to avoid opening certain otherwise
useable emergency exits to prevent injury to the evacuees. In this
context, a viewing window or other means of assessing the outside
conditions and determining whether an exit should be opened is
extremely valuable. A viewing window is commonly provided in most
exists in service; however, it is not required, and some exits in
service do not incorporate one. The proposal would require a means (for
example, either a window in the exit itself, or in an adjacent frame
bay) that provides a view of the ground area where evacuees will make
contact upon leaving the airplane. The means should provide visibility
taking into account all conditions of landing gear collapse. Details
such as size and prismatic characteristics of the viewing means are not
specified. The FAA considers that sufficient design latitude should be
available to permit several acceptable concepts. The viewing means
would be required to be available to a person preparing to open an
exit. Thus, if a window were in an adjacent frame bay, there could not
be a partition or divider between the exit and the window to meet the
intent of the proposal. For some exits, two windows might be installed
at each exit in order to provide sufficient viewing coverage. This
proposed viewing requirement would only apply to airplanes for which an
application for type certificate is made after the effective date. Due
to the technical difficulties and resultant cost of modifying existing
airplanes, no retroactive requirement is proposed.
Also important is the capability of an exit to remain open during
an evacuation without threat of premature closing. Adverse attitude,
wind or contact by evacuating passengers could cause an unsecured door
to close during an evacuation, and jeopardize the safety of subsequent
passengers. Most passenger emergency exits currently incorporate a
feature which holds the door open and requires a positive action to
disengage. This notice proposes to require a means to prevent an
emergency exit from inadvertently closing once it has been opened in an
emergency. The means must automatically engage when the exit is opened
and require positive action to disengage. A removable hatch would be
considered to comply, by definition. This proposal would amend
Sec. 25.809 for new type certificates. It is proposed to create a new
Sec. 121.310(l), and redesignate existing paragraph (l) as a new
paragraph (n), which would require that airplanes in service after a
date two years after the effective date of the amendment comply with
the provisions of the part 25 requirement.
Following accident experience in the 1960's the FAA amended part 25
in Amendment 25-15, to prohibit the installation of doors ``between
passenger compartments.'' At the time of the amendment, it was common
practice to divide the first class and tourist class cabins with a
solid door. It was determined in the course of accident investigations
that this door could be detrimental in evacuation of passengers, who
tended not to recognize that there was an exit beyond the door, even if
it were the closest available. The resulting regulatory change was
geared specifically at preventing this occurrence. However, the current
regulation is worded such that doors may be installed between
passengers and exits provided there are not passengers on both sides of
the door. For example, a door could be installed across the main
passenger aisle at the end of a cabin. The current regulations only
require that the door be open for takeoff and landing. It is now
considered undesirable to permit the installation of a door between any
passenger and an exit. Should such a door (either through omission or
mechanical failure) become jammed in the event of an emergency
evacuation, persons could be prevented or delayed in evacuating which
could result in fatalities or injuries that would not otherwise have
occurred. The hazards associated with a jammed door are still present
whether or not passengers are on both sides of the door, and the
recognition factor has not been mitigated. Either could result in the
same consequences--failure of some passengers to evacuate the airplane.
This notice proposes to prohibit the installation of any door between
any passenger and any passenger emergency exit. This would include
doors that close off galley areas as passageways or crossaisles, doors
across emergency exits (frequently used on ``VIP'' airplanes), and
doors into rooms that are occupiable for takeoff and landing. This
would also include a door across one of the aisles on a multi-aisle
airplane, since this closes off the most direct route to an exit for
some of the passengers.
In the past there has been considerable discussion regarding what
constituted a ``door.'' One common proposal has been to install a
fabric diaphragm bounced by a metal frame which is movable, usually
much like a pocket door. This type of installation has been accepted
provided the frame provides no more resistance to a person passing
through it than a normal curtain tie back. Such installations do,
however, create the same recognition problem as do ``solid'' doors and
would no longer be acceptable.
The proposed change to Sec. 25.813(e) would apply to all transport
category airplanes for which an application for type certificate is
made after the effective date regardless of whether they are used in
air carrier service. Section 25.813(f) would also be modified to
account for seats that might be occupied by crew outside of the flight
deck. In addition, Sec. 121.310(f)(6) would make the new standards
applicable to all other transport category airplanes manufactured after
two years after the effective date of this amendment.
These requirements would not be applied retroactively to non air-
carrier operations, i.e., corporate airplanes where the number of
passengers involved is much smaller and there has been no demonstrated
unsafe condition.
Finally, the FAA proposes to require that oxygen masks be connected
to portable oxygen equipment. This proposal follows NTSB Safety
Recommendation No. A-90-54. During the decompression experienced in the
February 1989 United Airlines Flight 811 accident, the NTSB determined
that flight attendants had difficulty in using the portable oxygen
bottles. These bottles are intended to enable them to move about the
cabin, with an adequate oxygen supply, after a decompression. The
oxygen masks were not connected to the dispensing terminal of the
oxygen bottle, thus requiring an additional action by the flight
attendant before the unit was useable. The NTSB recommended that all
such masks be connected to the oxygen supply, to
[[Page 38555]]
minimize the time and dexterity necessary for flight attendants to don
and use the portable oxygen. The FAA agrees with this recommendation,
and therefore proposes to change Sec. 25.1447(c)(4) accordingly. In
addition, a companion change is made to Sec. 121.333(d), with a one
year compliance time. A one year compliance time is chosen in this case
because the modification required is a simple connection of the oxygen
mask to the supply bottle. This can be done on an overnight visit, or
any short interval maintenance visit. One year is considered more than
enough time to achieve compliance.
A two year compliance time for incorporation of these changes into
the existing fleet is used throughout this proposal, with the exception
noted above. This approximates the ``C'' check maintenance cycles for
most airplanes affected. This time period is sufficient to accomplish
the relatively minor modifications required by this proposal, and
offers operators some flexibility in scheduling. For newly manufactured
airplanes, two years is considered sufficient to develop the necessary
engineering and parts availability on airplanes which do not already
incorporate the features described here. However, as previously noted,
the majority of airplanes currently being delivered do incorporate
these proposals, and so will not be affected by the compliance time.
An ambiguity in the provisions of Sec. 25.853(d) concerning ash
trays has been brought to the attention of the FAA. As presently
worded, the second sentence could be misinterpreted to require ash
trays in all areas of the cabin instead of just the designated smoking
areas. Section 25.853(d) would be revised to require that all seated
occupants in designated smoking areas are provided with ashtrays. Since
designated smoking areas can vary from flight to flight, an adequate
number of ashtrays would probably need to be installed at delivery to
account for the largest smoking section anticipated by the airline.
Alternatively, the size of the smoking section would be limited by the
number and location of the ashtrays.
The introductory phrase in Sec. 25.855, which contains safety
standards for cargo and baggage compartments, states, ``For each cargo
and baggage compartment not occupied by crew or passengers, the
following apply.'' It has been brought to the attention of the FAA that
this phrase may also cause confusion. By definition, some compartments
must be accessible to crewmembers to fight fires in flight; therefore,
the exception made by the introductory phrase can not (and has not been
interpreted to) apply to compartments that are only occupied
occasionally by crew or passengers. Furthermore, crew and passengers
are not permitted to be seated or stationed on a full-time basis in
cargo or baggage compartments. Since the exception does not apply to
occasional occupancy and since crew and passengers do not occupy cargo
or baggage compartments in flight on a full-time basis, the exception
made in the phrase has no applicability. Using the present wording of
the introductory phrase, it was alleged, in at least one instance, that
the standards of Sec. 25.855 did not apply because the cockpit was part
of the cargo or baggage compartment. That allegation was unfounded
regardless of the degree or method of separation, the cockpit can not
be considered part of a cargo or baggage compartment. Nevertheless, it
does show that the phrase can easily be misinterpreted. Since the
exception has no applicability and may cause confusion, the
introductory phrase would be reworded to simply state, ``For each cargo
or baggage compartment, the following apply.'' This would be a
nonsubstantive change that would place no additional burden on any
person.
Finally, as a result of the extensive changes to part 25 adopted in
Amendment 25-72, many referenced sections were changed. Some of the
references to these sections were inadvertently retained, however, and
are no longer correct. Therefore, the FAA proposes to correct these
references to correspond to the current structure of part 25. These
changes are purely editorial in nature and affect
Secs. 25.807(d)(3)(ii), 25.812(g)(l)(ii), 25.812(g)(2), 25.812(h),
25.819(f) and 25.1411(c).
Regulatory Evaluation Summary
Regulatory Evaluation, Regulatory Flexibility Determination, and Trade
Impact Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs Federal agencies to
promulgate new regulations or modify existing regulations only if the
potential benefits to society justify its costs. Second, the Regulatory
Flexibility Act of 1980 requires agencies to analyze the economic
impact of regulatory changes on small entities. Finally, the Office of
Management and Budget directs agencies to assess the effects of
regulatory changes on international trade. In conducting these
assessments, the FAA has determined that this proposed rule: (1) Would
generate benefits exceeding its costs and is not ``significant'' as
defined in Executive Order 12866; (2) is not ``significant'' as defined
in DOT's Policies and Procedures; (3) would not have a significant
impact on a substantial number of small entities; and (4) would not
constitute a barrier to international trade. These analyses, available
in the docket, are summarized as follows.
Costs and Benefits
The proposed rule would impose minimal incremental compliance costs
on existing airplanes and airplanes manufactured under existing type-
certificate because it would codify existing industry practices and
clarify FAA requirements concerning cabin configuration and equipment
specifications. With one exception, this proposed rule is expected to
impose minimal compliance costs on future part 25 type certificated
airplanes. The one exception would arise from the proposed part 25
requirement for a viewing window at each emergency exit door or
adjacent bay. In order for a tailcone emergency exit to meet this
proposed requirement, considerable engineering redesign may be needed.
The FAA specifically requests public comment on the technical and
economic feasibility of this proposed provision.
Similarly, the proposed rule would generate minimal real
incremental benefits because it would codify current industry
practices. The fact that the proposed rule reflects current industry
practice indicates that airplane manufacturers and air carriers have
determined that the proposals are warranted means of enhancing
passenger and flight attendant survivability of a post-accident fire.
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
a Regulatory Flexibility Analysis if the proposed or final rule would
have a significant economic impact, either detrimental or beneficial,
on a substantial number of small entities. FAA Order 2100.14A,
Regulatory Flexibility Criteria and Guidance, prescribes standards for
complying with RFA review requirements in FAA rulemaking actions. The
Order defines ``small entities'' in terms of thresholds, ``significant
economic impact'' in terms of annualized cost thresholds, and
``substantial number'' as a number which is not less than eleven and
which
[[Page 38556]]
is more than one-third of the small entities subject to the proposed or
final rule.
Order 2100.14A specifies a size threshold for classification as a
small manufacturer as 75 or fewer employees. No transport category
airplane manufacturer has 75 or fewer employees. Therefore, the
proposed rule would not have a significant economic impact on a
substantial number of small manufacturers. Since the proposed rule
would impose little or no incremental costs, there would not be a
significant impact on a substantial number of small operators.
International Trade Impact Assessment
The proposed rule would not constitute a barrier to international
trade, including the export of U.S. airplanes to foreign countries and
the import of foreign airplanes into the United States.
Federalism Implications
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
International Compatibility
The FAA has reviewed the corresponding International Civil Aviation
Organization regulations, where they exist, and had identified no
differences in these proposed amendments and the foreign regulations.
The FAA has also reviewed the Joint Airworthiness Authority Regulations
and has discussed similarities and differences in these proposed
amendments and the foreign regulations.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), there are no requirements for information collection associated
with this proposed rule.
Conclusion
Because the proposed revised standards for airplane cabin safety
are not expected to result in a substantial economic cost, the FAA has
determined that this proposed regulation is not a significant
regulation under Executive Order 12866. The FAA has also determined
that this action is not significant as defined in Department of
Transportation Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979). Since the airplanes involved are not manufactured
by small entities, it is certified under the criteria of the Regulatory
Flexibility Act that this proposed regulation, if adopted, will not
have a significant economic impact, positive or negative, on a
substantial number of small entities. A copy of the initial regulatory
evaluation prepared for this proposal may be examined in the public
docket or obtained from the person identified under the caption, FOR
FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 25
Air transportation, Aircraft, Aviation safety, Safety.
14 CFR Part 121
Aviation safety, Safety, Air carrier, Air traffic control, Air
transportation, Aircraft, Aircraft pilots, Airmen, Airplanes, Airports,
Airspace, Cargo, Chemicals, Children, Narcotics, Flammable materials,
Handicapped, Hazardous materials, Common carriers.
The Proposed Amendments
Accordingly, the Federal Aviation Administration (FAA) proposes to
amend parts 25 and 121 of the Federal Aviation Regulations (FAR) (14
CFR parts 25 and 121) as follows:
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
1. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
Sec. 25.807 [Amended]
By amending Sec. 25.807, paragraph (d)(3)(ii) by removing the
reference to ``Sec. 25.809(h)'' and inserting ``Sec. 25.810(a)'' in its
place.
3. By amending Sec. 25.809 by revising paragraph (a), and by adding
a new paragraph (i) to read as follows:
Sec. 25.809 Emergency exit arrangement.
(a) Each emergency exit, including each flightcrew emergency exit,
must be moveable door or hatch in the external walls of the fuselage,
allowing unobstructed opening to the outside. In addition, each
emergency exit must have means to permit viewing of the outside
conditions when the exit is closed, so that likely areas of evacuee
ground contact are visible. The likely areas of evacuee ground contact
must be viewable with the landing fear extended as well as in all
conditions of landing gear collapse. The viewing means may be on the
exit, or adjacent to it provided no obstructions exist between the exit
and the viewing means.
* * * * *
(i) Each emergency exit must have a means to retain the exit in the
open position, once the exit is opened in an emergency. The means must
be automatically engaged when the exit is fully opened, and must
require positive action to disengage.
4. By amending Sec. 25.812 by revising paragraphs (g)(1)(ii),
(g)(2), and (h), introductory kit, to read as follows:
Sec. 25.812 Emergency Lighting
* * * * *
(g) * * *
(1) * * *
(i) * * *
(ii) Not less than 0.05 foot-candle (measured normal to the
direction of the incident light) for a minimum width of 42 inches for a
Type A overwing emergency exit and of 2 feet for all other overwing
emergency exits along the 30 percent of the slip-resistant portion of
the escape route required in Sec. 25.810(c) that is farthest from the
exit; and
* * * * *
(2) At each non-overwing emergency exit not required by
Sec. 25.810(a) to have descent assist means the illumination must be
not less than 0.03 foot-candle (measured normal to the direction of the
incident light) on the ground surface with the landing gear extended
where an evacuee is likely to make first contact with the ground
outside the cabin.
(h) the means required in Secs. 25.810(a) and (d) to assist the
occupants in descending to the ground must be illuminated so that the
erected assist means is visible from the airplane.
* * * * *
5. By amending Sec. 25.813 by revising paragraphs (b)(1)(i) and
(ii), (b)(2), (b)(3), by Adding new paragraphs (b)(4) and (b)(5) and by
revising paragraphs (e) and (f) to read as follows:
Sec. 25.813 Emergency exit access
* * * * *
(b) * * *
(1) * * *
(i) Each assist space must be a rectangle 12 X 20-inches on the
floor (or the minimum size necessary to enable a crewmember, standing
erect, to effectively assist evacuees, whichever is greater) with the
12-inch dimension parallel to the exit opening, and
(ii) There must be a handle, or handles, at each assist space,
located to enable the crewmember to steady himself or herself while
manually
[[Page 38557]]
activating the assist means and while assisting passengers during an
evacuation.
(2) For each Type A exit, assist space must be provided at each
side of the exit regardless of whether a means is required by
Sec. 25.810(a).
(3) For each Type I or II exit installed in an airplane with
seating for 79 or more passengers, an assist space must be provided at
one side of the passageway regardless of whether a means is required by
Sec. 25.810(a).
(4) For each Type I or II exit, an assist space must be provided at
one side of the passageway if a means is required by Sec. 25.810(a).
(5) For any tailcone exit that qualifies for 25 additional
passenger seats under the provisions of Sec. 25.807(d)(3)(ii), an
assist space must be provided, if a means is required by
Sec. 25.810(a).
* * * * *
(e) No door may be installed between any passenger seat occupiable
for takeoff and landing and any passenger emergency exit, such that the
door crosses any egress path (including aisles, crossaisles and
passageways).
(f) If it is necessary to pass through a doorway separating any
seat, occupiable for takeoff and landing (except those seats on the
flight deck), from any emergency exit, the door must have a means to
latch it in the open position.
Sec. 25.819 [Amended]
6. By amending Sec. 25.819, paragraph (f), by removing the
reference to ``Sec. 25.785(c)'' and inserting ``Sec. 25.785(d)'' in its
place.
7. By amending Sec. 25.853 by revising paragraph (d) to read as
follows:
Sec. 25.853 Compartment interiors.
* * * * *
(d) Smoking is not to be allowed in lavatories. If smoking is to be
allowed in any area occupied by the crew or passengers, an adequate
number of self-contained, removable ashtrays must be provided in
designated smoking sections for all seated occupants.
* * * * *
8. By amending the introductory text in Sec. 25.855 to read as
follows:
Sec. 25.855 Cargo or baggage compartments.
For each cargo or baggage compartment, the following apply:
* * * * *
9. By amending Sec. 25.1411 by revising paragraph (c) to read as
follows:
Sec. 25.1411 General
* * * * *
(c) Emergency exit descent device. The stowage provisions for the
emergency exit descent device required by Sec. 25.810(a) must be at
each exit for which they are intended.
* * * * *
10. By amending Sec. 25.1447 by revising paragraph (c)(4) to read
as follows:
Sec. 25.1447 Equipment standards for the oxygen distributing units.
* * * * *
(c) * * *
(4) Portable oxygen equipment must be immediately available for
each cabin attendant. The portable oxygen equipment must have the
oxygen dispensing unit connected to the portable oxygen supply.
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
11. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
12. By amending Sec. 121.310 by revising paragraph (f)(2), by
redesignating paragraph (f)(6) as (f)(7); by adding a new paragraph
(f)(6); by redesignating existing paragraph (l) as paragraph (n); by
adding a new paragraph (l); and by republishing newly redesignated
paragraphs (f)(7) and (n) to read as follows:
Sec. 121.310 Additional emergency exit equipment.
* * * * *
(f) * * *
(2) For each Type I or Type II emergency exit equipped with an
assist means, there must be enough space next to the exit to allow a
crewmember to assist in the evacuation of passengers without reducing
the unobstructed width of the passageway below that in paragraph (f)(1)
of this section. In addition, all airplanes manufactured on or after
[insert a date two years after the effective date of this amendment]
must comply with the provisions of Secs. 25.813 (b)(1), (b)(2) and
(b)(3) in effect on [insert the effective date of this amendment.]
However, the Administrator may authorize a deviation from this
requirement for an airplane certificated under the provisions of part
5b of the Civil Air Regulations in effect before December 30, 1951, if
he finds that special circumstances exist that provide an equivalent
level of safety.
* * * * *
(6) No person may operate a transport category airplane after a
date two years after the effective date of this amendment, that
incorporates a door installed between any passenger seat occupiable for
takeoff and landing and any passenger emergency exit, such that the
door crosses any egress path (including aisles, crossaisles and
passageways).
(7) If it is necessary to pass through a doorway separating the
passenger cabin for other areas to reach required emergency exit from
any passenger seat, the door must have a means to latch it in the open
position, and the door must be latched open during each takeoff and
landing. The latching means must be able to withstand the loads imposed
upon it when the door is subjected to the ultimate inertia forces,
relative to the surrounding structure, listed in Sec. 25.561(b) of this
chapter.
* * * * *
(l) After [insert a date two years after the effective date of this
amendment] each airplane must comply with the provisions of
Secs. 25.809(i) and 25.813(b)(l)(ii) in effect on [insert the effective
date of this amendment].
* * * * *
(n) Portable lights. After December 1, 1980, no person may operate
a passenger-carrying airplane unless it is equipped with flashlight
stowage provisions accessible from each flight attendant seat.
13. By amending Sec. 121.333 by revising paragraph (d) as follows:
Sec. 121.333 Supplemental oxygen for emergency descent and for first
aid; turbine engine powered airplanes with pressurized cabins.
* * * * *
(d) Use of portable oxygen equipment by cabin attendants. After a
date one year after the effective date of this amendment each mask used
for portable oxygen equipment must be connected to its oxygen supply.
Above flight level 250, one of the following is required:
(1) Each attendant shall carry portable oxygen equipment with a 15
minute supply of oxygen; or
(2) There must be sufficient portable oxygen equipment (including
masks and spare outlets) throughout the cabin so that such equipment is
immediately available to each attendant, regardless of their location
in the cabin.
* * * * *
Issued in Washington, D.C., on July 16, 1996.
Ava L. Robinson,
Special Assistant to Director, Aircraft Certification Service.
[FR Doc. 96-18824 Filed 7-23-96; 8:45 am]
BILLING CODE 4910-13-M
