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40215

Rules and Regulations Federal Register


Vol. 72, No. 141

Tuesday, July 24, 2007

This section of the FEDERAL REGISTER Appendix II to Part 1201 [Amended] ANM–115, Transport Airplane
contains regulatory documents having general Directorate, Aircraft Certification
applicability and legal effect, most of which ■ 2. Amend Appendix II to Part 1201 in
Service, 1601 Lind Avenue, SW.,
are keyed to and codified in the Code of item 5. by removing ‘‘250 Montgomery
Renton, Washington 98057–3356;
Federal Regulations, which is published under Street, Suite 400, 4th Floor, San
telephone (425) 227–2136; facsimile
50 titles pursuant to 44 U.S.C. 1510. Francisco, California 941–3401,
(425) 227–1320.
Facsmile No.: (415) 705–2945,’’ and
The Code of Federal Regulations is sold by adding, in its place ‘‘201 Mission Street, SUPPLEMENTARY INFORMATION:
the Superintendent of Documents. Prices of Suite 2310, San Francisco, California
new books are listed in the first FEDERAL
Background
94105–1831 Facsmile No.: (415) 904–
REGISTER issue of each week. On March 28, 2003, Boeing applied
0580,’’.
for an FAA type certificate for its new
Dated: July 18, 2007. Boeing Model 787–8 passenger airplane.
MERIT SYSTEMS PROTECTION Arlin Winefordner, The Boeing Model 787–8 airplane will
BOARD Acting Clerk of the Board. be an all-new, two-engine jet transport
[FR Doc. E7–14293 Filed 7–23–07; 8:45 am] airplane with a two-aisle cabin. The
5 CFR Part 1201 maximum takeoff weight will be
BILLING CODE 7400–01–P
476,000 pounds, with a maximum
Practices and Procedures
passenger count of 381 passengers.
AGENCY: Merit Systems Protection DEPARTMENT OF TRANSPORTATION Type Certification Basis
Board.
Federal Aviation Administration Under provisions of 14 Code of
ACTION: Final rule. Federal Regulations (CFR) 21.17, Boeing
14 CFR Part 25 must show that Boeing Model 787–8
SUMMARY: The Merit Systems Protection
airplanes (hereafter referred to as ‘‘the
Board (MSPB or the Board) is amending [Docket No. NM372 Special Conditions No.
25–355–SC] 787’’) meet the applicable provisions of
its rules of practice and procedure in
14 CFR part 25, as amended by
this part to reflect the relocation of its
Special Conditions: Boeing Model 787– Amendments 25–1 through 25–117,
Western Regional Office.
8 Airplane; Reinforced Flightdeck except §§ 25.809(a) and 25.812, which
EFFECTIVE DATE: July 27, 2007. Bulkhead will remain at Amendment 25–115. If
FOR FURTHER INFORMATION CONTACT: the Administrator finds that the
AGENCY: Federal Aviation applicable airworthiness regulations do
Matthew Shannon, Acting Clerk of the
Administration (FAA), DOT. not contain adequate or appropriate
Board, (202) 653–7200. The Board is
publishing this rule as a final rule ACTION: Final special conditions. safety standards for the 787 because of
pursuant to 5 U.S.C. 1204(h). a novel or unusual design feature,
SUMMARY: These special conditions are
special conditions are prescribed under
SUPPLEMENTARY INFORMATION: On July issued for the Boeing Model 787–8
provisions of 14 CFR 21.16.
27, 2007, the Board relocates its Western airplane. This airplane will have novel
In addition to the applicable
Regional Office from 250 Montgomery or unusual design features when
airworthiness regulations and special
Street, Suite 400, 4th Floor, San compared to the state of technology
conditions, the 787 must comply with
Francisco, California 94105–3401, to envisioned in the airworthiness
the fuel vent and exhaust emission
201 Mission Street, Suite 2310, San standards for transport category
requirements of 14 CFR part 34 and the
Francisco, California 94105–1831. airplanes. The Boeing Model 787–8
noise certification requirements of part
Appendix II of this part is amended to airplanes will have a flightdeck
36. In addition, the FAA must issue a
show the new address. The Western bulkhead incorporating ballistic-and
finding of regulatory adequacy pursuant
Regional Office telephone number intrusion-resistant features. While the
to section 611 of Public Law 92–574, the
changes to (415) 904–6772 and the regulations include standards for
‘‘Noise Control Act of 1972.’’
facsimile number is changes to (415) ballistic-and intrusion-resistant The FAA issues special conditions, as
904–0580. flightdeck doors, they do not yet defined in § 11.19, under § 11.38 and
incorporate the same standards for these they become part of the type
List of Subjects in 5 CFR Part 1201
features in the bulkhead. Therefore, certification basis under § 21.17(a)(2).
Administrative practice and special conditions are needed to address Special conditions are initially
procedure, Civil rights, Government these design features. These special applicable to the model for which they
employees. conditions contain the additional safety are issued. Should the type certificate
standards that the Administrator for that model be amended later to
■ Accordingly, the Board amends 5 CFR considers necessary to establish a level
part 1201 as follows: include any other model that
of safety equivalent to that established incorporates the same or similar novel
PART 1201—PRACTICES AND by the existing standards. Additional or unusual design feature, the special
PROCEDURES special conditions will be issued for conditions would also apply to the other
other novel or unusual design features
pwalker on PROD1PC71 with RULES

model under § 21.101.


■ 1. The authority citation for part 1201 of the Boeing Model 787–8 airplanes.
continues to read as follows: EFFECTIVE DATE: August 23, 2007. Novel or Unusual Design Features
Authority: 5 U.S.C. 1204 and 7701, unless FOR FURTHER INFORMATION CONTACT: Jeff The 787 will incorporate a number of
otherwise noted. Gardlin, FAA, Airframe/Cabin Safety, novel or unusual design features.

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40216 Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations

Because of rapid improvements in conditions apply to future versions of Issued in Renton, Washington, on July 12,
airplane technology, the applicable the 787, including possible freighter 2007.
airworthiness regulations do not contain configurations. Stephen P. Boyd,
adequate or appropriate safety standards FAA Response: These special Acting Manager, Transport Airplane
for these design features. These special Directorate, Aircraft Certification Service.
conditions apply to airplanes that
conditions for the 787 contain the incorporate a reinforced bulkhead. They [FR Doc. E7–14333 Filed 7–23–07; 8:45 am]
additional safety standards that the are not limited to any particular type of BILLING CODE 4910–13–P
Administrator considers necessary to operation, nor do they impose
establish a level of safety equivalent to
operational requirements. Thus, if a DEPARTMENT OF TRANSPORTATION
that established by the existing
future freighter version did incorporate
airworthiness standards.
On January 15, 2002, the FAA issued a reinforced bulkhead, these special Federal Aviation Administration
14 CFR 25.795(a) (Amendment 25–106), conditions would apply. These special
which specifies that the flightdeck door conditions are adopted as proposed. 14 CFR Part 39
of a transport airplane be designed to Applicability [Docket No. FAA–2007–28749; Directorate
resist forcible intrusion by unauthorized Identifier 2007–NM–079–AD; Amendment
persons and penetration by small arms As discussed above, these special 39–15134; AD 2007–15–05]
fire and fragmentation devices. At the conditions are applicable to the 787.
RIN 2120–AA64
time it was written, the regulation was Should Boeing apply at a later date for
limited to the flightdeck door to a change to the type certificate to Airworthiness Directives; McDonnell
expedite a rapid retrofit of the existing include another model on the same type Douglas Model DC–10–10 and DC–10–
airplanes required by operating rules to certificate incorporating the same novel 10F Airplanes, Model DC–10–15
have a flightdeck door. or unusual design features, these special Airplanes, Model DC–10–30 and DC–
In addition to a reinforced flightdeck conditions would apply to that model as 10–30F (KC–10A and KDC–10)
door, the 787 will have a flightdeck well. Airplanes, Model DC–10–40 and DC–
bulkhead which is reinforced to resist 10–40F Airplanes, Model MD–10–10F
intrusion and ballistic penetration. The Conclusion
and MD–10–30F Airplanes, and Model
regulations do not adequately address MD–11 and MD–11F Airplanes
This action affects only certain novel
the certification requirements for such a
or unusual design features of the 787. It AGENCY: Federal Aviation
bulkhead, and appropriate certification
standards are necessary. These special is not a rule of general applicability. Administration (FAA), Department of
conditions require that the reinforced List of Subjects in 14 CFR Part 25 Transportation (DOT).
flightdeck bulkhead meet the same ACTION: Final rule; request for
standards as those specified in Aircraft, Aviation safety, Reporting comments.
§ 25.795(a) for flightdeck doors. These and recordkeeping requirements.
special conditions contain the minimum SUMMARY: The FAA is adopting a new
standards that the Administrator ■ The authority citation for these airworthiness directive (AD) for all
considers necessary to ensure that safety special conditions is as follows: transport category airplanes identified
standards are maintained after the Authority: 49 U.S.C. 106(g), 40113, 44701, above. This AD requires an inspection
aircraft enters into service. 44702, 44704. to determine if a certain fuel pump
On December 21, 2006, the FAA housing electrical connector is installed.
issued a notice of proposed rulemaking The Special Conditions This AD also requires a revision to the
that proposes amending § 25.795(a) to FAA-approved airplane flight manual
■ Accordingly, pursuant to the authority (AFM) to advise the flightcrew of the
require that a flightdeck bulkhead—and delegated to me by the Administrator,
any other accessible barrier separating appropriate procedures for disabling
the following special conditions are certain fuel pump electrical circuits
the flightcrew compartment from issued as part of the type certification
occupied areas—also be designed to following failure of a fuel pump housing
basis for the Boeing Model 787–8 electrical connector if applicable. This
resist intrusion or penetration. The airplane.
methods of compliance described in the AD also requires the deactivation of
preamble of that notice and associated In addition to the requirements of 14 certain fuel tanks or fuel pumps and the
draft advisory material could be used to CFR 25.795(a) governing protection of installation of placards if applicable.
show compliance with these special the flightdeck door, the following This AD allows the optional
conditions. For the 787, the reinforced special conditions apply. replacement of the fuel pump housing
bulkhead may be comprised of The reinforced bulkhead, including electrical connectors with new,
components such as the walls of components that comprise the bulkhead, improved parts, which would terminate
adjacent lavatories, galleys, or crew rest separating the flightcrew compartment from the AFM revisions, deactivation of
areas. Those components are covered by occupied areas must be designed to meet the certain fuel tanks and fuel pumps, and
these special conditions. following standards: placard installation. This AD results
It must resist forcible intrusion by from a report of two failures of the fuel
Discussion of Comments unauthorized persons and be capable of pump housing electrical connector. We
Notice of Proposed Special withstanding impacts of 300 Joules (221.3 are issuing this AD to prevent continued
Conditions No. 25–07–08–SC for the foot-pounds) at critical locations on the arcing following a short circuit of the
787 was published in the Federal bulkhead as well as a 1113 Newton (250 fuel pump housing electrical connector,
Register on April 12, 2007 (72 FR pound) constant tensile load on accessible which could damage the conduit that
pwalker on PROD1PC71 with RULES

18412). One comment was received, handholds. protects the power lead inside the fuel
from Air Line Pilots Association, It must resist penetration by small arms fire tank; this condition could create an
International (ALPA). and fragmentation devices to a level ignition source inside the fuel tank,
ALPA Comment: ALPA recommended equivalent to level IIIa of the National which, in combination with flammable
that the requirements of these special Institute of Justice Standard (NIJ) 0101.04. fuel vapors, could result in a fuel tank

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