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53310 Federal Register / Vol. 71, No.

175 / Monday, September 11, 2006 / Rules and Regulations

August 9, 2005 (70 FR 46112). Applicability DEPARTMENT OF TRANSPORTATION


Comments were received from the
Airline Pilots Association (ALPA) and As discussed above, these special Federal Aviation Administration
the Boeing Company. conditions are applicable to the Airbus
Requested change 1: ALPA A380–800 airplane. Should Airbus 14 CFR Part 25
recommends that ‘‘* * * a special apply at a later date for a change to the
[Docket No. NM314; Special Conditions No.
condition should be added to require type certificate to include another 25–326–SC]
that each [emergency] exit provide model incorporating the same novel or
rescue personnel on the exterior of the unusual design features, these special Special Conditions: Airbus Model
aircraft a means to either determine conditions would apply to that model as A380–800 Airplane; Stairways Between
whether the exit’s emergency assist well under the provisions of § 21.101. Decks
means (slide) is armed or disarmed or a Conclusion AGENCY: Federal Aviation
means to disarm the emergency assist Administration (FAA), DOT.
means from outside the aircraft. This action affects only certain novel ACTION: Final special conditions.
‘‘Consideration must be given to the or unusual design features of the Airbus
exits located on the lower deck just aft A380–800 airplane. It is not a rule of SUMMARY: These special conditions are
of the wing (Doors 3L & 3R). A sufficient general applicability. issued for the Airbus A380–800
view to determine slide usability must airplane. This airplane will have novel
be ensured from inside the cabin when List of Subjects in 14 CFR Part 25 or unusual design features when
the exits above them have been compared to the state of technology
Aircraft, Aviation safety, Reporting envisioned in the airworthiness
activated and their slides deployed.’’
and recordkeeping requirements. standards for transport category
FAA response: A means to know
whether the exits are disarmed when ■ The authority citation for these airplanes. Many of these novel or
opened from the outside is covered in special conditions is as follows: unusual design features are associated
§ 25.810(a)(1)(i). That is, the slides must with the complex systems and the
Authority: 49 U.S.C. 106(g), 40113, 44701, configuration of the airplane, including
automatically disarm when opened from 44702, 44704.
the outside. Regarding the second point, its full-length double deck. For these
the means to view conditions outside The Special Conditions design features, the applicable
the exit must be sufficient to determine airworthiness regulations do not contain
■ Accordingly, pursuant to the authority adequate or appropriate safety standards
slide usability regardless of whether
delegated to me by the Administrator, regarding stairways between decks.
other slides have been deployed. This
the following special condition is issued These special conditions contain the
requirement is implicit in § 25.809(a).
as part of the type certification basis for additional safety standards that the
Therefore, we have not changed the
the Airbus A380–800 airplane. Administrator considers necessary to
special condition, as proposed.
establish a level of safety equivalent to
Requested change 2: The Boeing In addition to the requirements of that established by the existing
Company makes the following § 25.809(a) at Amendment 25–72, the airworthiness standards. Additional
comment: following special condition applies: special conditions will be issued for
‘‘The certification basis for the Airbus Each emergency exit must have means other novel or unusual design features
Model A380 does not include to permit viewing of the conditions of the Airbus Model A380–800 airplane.
Amendment 25–116, which included outside the exit when the exit is closed. EFFECTIVE DATE: The effective date of
changes to 14 CFR 25.809 (Emergency The viewing means may be on the exit these special conditions is August 28,
Exit Arrangement). It appears, however or adjacent to it, provided that no 2006.
that the FAA is now proposing to apply obstructions exist between the exit and FOR FURTHER INFORMATION CONTACT:
the requirements of Amendment 25–116
the viewing means. Means must also be Holly Thorson, FAA, International
through Special Conditions, without
provided to permit viewing of the likely Branch, ANM–116, Transport Airplane
any novel or unusual design features.
areas of evacuee ground contact with Directorate, Aircraft Certification
This is contrary to part 21, which
the landing gear extended as well as in Service, 1601 Lind Avenue SW.,
clearly specifies how the type
all conditions of landing gear collapse. Renton, Washington 98055–4056;
certification basis of the airplane is to be
A single device that satisfies both telephone (425) 227–1357; facsimile
established and when Special
objectives is acceptable. (425) 227–1149.
Conditions are warranted.’’
SUPPLEMENTARY INFORMATION:
FAA response: The FAA does not Issued in Renton, Washington, on August
agree. The full upper deck is a novel 28, 2006. Background
design and warrants enhanced visibility, Ali Bahrami, Airbus applied for FAA certification/
since passengers will be evacuating Manager, Transport Airplane Directorate, validation of the provisionally-
from both decks and the slides deploy Aircraft Certification Service. designated Model A3XX–100 in its
close to each other. Amendment 25–116 [FR Doc. E6–15005 Filed 9–8–06; 8:45 am] letter AI/L 810.0223/98, dated August
was adopted after the special condition 12, 1998, to the FAA. Application for
BILLING CODE 4910–13–P
was initiated. certification by the Joint Aviation
This process is very similar to the way Authorities (JAA) of Europe had been
the first widebody requirements made on January 16, 1998, reference AI/
evolved: Notice of Proposed Rulemaking L 810.0019/98. In its letter to the FAA,
69–33 contained many proposals similar Airbus requested an extension to the 5-
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to special conditions for the 747, DC–10, year period for type certification in
and L1011 airplanes and was later accordance with 14 CFR 21.17(c).
adopted in large part by Amendment The request was for an extension to a
25–32. 7-year period, using the date of the

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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations 53311

initial application letter to the JAA as the type certification basis in requirements and the level of safety
the reference date. The reason given by accordance with 14 CFR 21.17(a)(2). have improved significantly since that
Airbus for the request for extension is Special conditions are initially time, and these special conditions
related to the, technical challenges, applicable to the model for which they reflect those improvements.
complexity, and the number of new and are issued. Should the type certificate In addition to the requirements of
novel features on the airplane. On for that model be amended later to §§ 25.803 and 25.811 through 25.813,
November 12, 1998, the Manager, include any other model that special conditions are needed to address
Aircraft Engineering Division, AIR–100, incorporates the same novel or unusual the movement of passengers between
granted Airbus’ request for the 7-year design feature, the special conditions the two full-length decks on the Model
period, based on the date of application would also apply to the other model A380. These special conditions provide
to the JAA. under the provisions of 14 CFR 21.101. additional requirements for the
In its letter AI/LE–A 828.0040/99 stairways to ensure the safe passage of
Discussion of Novel or Unusual Design
Issue 3, dated July 20, 2001, Airbus occupants between decks during
Features
stated that its target date for type moderate turbulence, an inflight
certification of the Model A380–800 had The A380 incorporates seating on two emergency, or an emergency evacuation.
been moved from May 2005, to January full-length passenger decks, each of
2006, to match the delivery date of the which has the capacity of a typical wide Discussion of Comments
first production airplane. In a body airplane. Two staircases—one Notice of Proposed Special
subsequent letter (AI/L 810.0223/98 located in the front of the cabin and one Conditions No. 25–05–09, pertaining to
issue 3, dated January 27, 2006), Airbus located in the rear—allow for the stairways between decks, was published
stated that its target date for type movement of persons between decks. in the Federal Register on August 9,
certification is October 2, 2006. In With large seating capacities on the 2005 (70 FR 46110). Comments were
accordance with 14 CFR 21.17(d)(2), main deck and the upper deck of the received from the Boeing Company, the
Airbus chose a new application date of A380–800 airplane, the staircases need Airline Pilots Association (ALPA), and
December 20, 1999, and requested that to be able to support movement between the Association of Flight Attendants
the 7-year certification period which decks in an inflight emergency. In (AFA).
had already been approved be addition, although compliance with the Requested change 1: The Boeing
continued. The FAA has reviewed the evacuation demonstration requirements Company states that as a general matter
part 25 certification basis for the Model of § 25.803 does not depend on the use ‘‘a single stairway has been shown
A380–800 airplane, and no changes are of stairs, there must be a way for through service history of the Boeing
required based on the new application passengers on one deck to move to the Model 747–300 and –400 to be
date. other deck during an emergency sufficient for an upper deck that is
The Model A380–800 airplane will be evacuation. This need must be approved for up to 110 passengers (or
an all-new, four-engine jet transport addressed in the certification of the has a single pair of type A exits). By
airplane with a full double-deck, two- airplane. comparison, the FAA is requiring a
aisle cabin. The maximum takeoff The regulations governing the minimum of two stairways for the
weight will be 1.235 million pounds certification of the A380 do not Model A380–800, which has three pairs
with a typical three-class layout of 555 adequately address a passenger airplane of upper deck type A exits (or is
passengers. with two separate full-length decks for theoretically eligible for up to 330
passengers. The Boeing 747 and passengers on the upper deck).’’ The
Type Certification Basis Lockheed L–1011 airplanes were commenter recommends that the special
Under the provisions of 14 CFR 21.17, certificated with limited seating conditions state that one stairway is
Airbus must show that the Model A380– capacity on two separate decks, and sufficient for an upper deck that is
800 airplane meets the applicable special conditions were issued to approved to carry no more than 110
provisions of 14 CFR part 25, as certificate those arrangements. When passengers.
amended by Amendments 25–1 through the seating capacity of the upper deck FAA response: The special conditions
25–98. If the Administrator finds that of the Boeing 747 exceeded 24 pertain to the design of the Model
the applicable airworthiness regulations passengers, the FAA issued Special A380–800; thus discussion of designs
do not contain adequate or appropriate Conditions 25–61–NW–1 for a that require only one stairway is not
safety standards for the Airbus A380– maximum seating capacity of 32 relevant.
800 airplane because of novel or passengers on the upper deck for take- Requested change 2: ALPA requests
unusual design features, special off and landing. A second set of Special that a special condition be added to
conditions are prescribed under the Conditions, 25–71–NW–3, was issued to ensure that the stairway can be used
provisions of 14 CFR 21.16. cover airplanes with a maximum seating when the aircraft fuselage suffers minor
In addition to the applicable capacity of 45 passengers on the upper deformation during a survivable
airworthiness regulations and special deck for take-off and landing. That accident or incident.
conditions, the Airbus Model A380–800 second set of Special Conditions was FAA response: The stairway design
airplane must comply with the fuel vent later modified to address airplanes with must comply with all structural
and exhaust emission requirements of a maximum seating capacity of 110 requirements; therefore, no change has
14 CFR part 34 and the noise passengers on the upper deck. These been made to the special conditions, as
certification requirements of 14 CFR previously issued special conditions proposed.
part 36. In addition, the FAA must issue provided a starting point for the Requested change 3: In terms of
a finding of regulatory adequacy development of special conditions for Special Condition a., ALPA suggests the
pursuant to section 611 of Public Law the A380–800 airplane. following:
93–574, the ‘‘Noise Control Act of In the case of both the L–1011 and the ‘‘The procedures developed to
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1972.’’ 747, the special conditions were based accommodate the carriage of an
Special conditions, as defined in 14 on the requirements and associated incapacitated person from one deck to
CFR 11.19, are issued in accordance level of safety in place at the time of the other should be demonstrated using
with 14 CFR 11.38 and become part of application for type certificate. The personnel from air carrier crews,

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53312 Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations

representing the largest and smallest a special condition relative to limit foot-candle with a minimum of 0.1 foot-
persons that the carriers may employ loads on the handrails. candle. This is the same as that
and with the same level of training that FAA response: The current design specified in the NFPA Life Safety Code,
will be provided in service.’’ provides two handrails. The FAA does 1997.
FAA response: The FAA does not not consider it necessary to require two FAA response: As noted by ALPA, the
believe that this is necessary. The handrails, although other performance emergency lighting level is consistent
design of the stairway must be requirements in this special condition with the other requirements for
demonstrated to be suitable for for the stairs may dictate the need for emergency lighting in the cabin as well
evacuation of an incapacitated person, two handrails. as for stairs on other airplanes. The
and this might be accomplished by The proposed special conditions general emergency lighting
either crew or passengers assisting the require that the handrail design address requirements concerning battery
crew. The intent of this requirement is foreseeable operating conditions, discharge and cold-soak will also apply
to ensure that one of the stairs provide including turbulence and adverse to the lighting on the stairs, so the
a means to transport an incapacitated attitude. This will necessitate a typical illumination values will, in fact,
person from the upper deck, in much structural design capable of performing be much higher. The proposed
the way such a person would be its function under those conditions. standards have demonstrated
evacuated along the aisle of a single Stating the requirement objectively satisfactory service experience.
deck airplane. Any crew duties rather than prescriptively permits more Therefore, we have made no change to
necessary to facilitate the evacuation flexibility in the design and takes the the special condition, as proposed.
should be consistent with existing specific installation into account. In Requested change 10: The Boeing
processes and not require extraordinary fact, Airbus has used the design Company suggests revising Special
effort. The comment is related more to specifications from other industries in Condition c.8. to read as follows:
the means of demonstrating compliance the design of the stairs; in practice, ‘‘An exit sign must be provided in the
with the requirement than the substance therefore, those strength criteria will upper deck near the stairway, visible to
of the requirement itself. Therefore, we form the baseline for the design. upper deck passengers while seated or
have not changed the special condition, Requested change 7: The Boeing standing. In addition, the upper end of
as proposed. Company suggests revising Special the stairway must include an exit sign
Requested change 4: The Boeing Condition c.4. to address narrow visible to passengers while descending
Company requests that Special stairways with handrails on both sides, the stairway, leading them to main deck
Condition b. be revised to read as because such a stairway ‘‘can be used exits beyond the sign. Both exit signs
follows: safely in the conditions specified must meet the requirements of Sec.
‘‘There must be at least two stairways without requiring a wall above the 25.812(b)(1)(ii).’’ The commenter further
between decks that meet the following handrail or equivalent on each side.’’ recommends that—if a lower exit sign is
requirements: FAA response: The special condition required in the stairway—the sign
‘‘The stairways must be designed permits an equivalent means, so that— should not be visible to main deck
* * * One of these stairways must be if the use of a handrail were shown to passengers who are not on the stairs.
the stairway specified in paragraph a. be equivalent in certain cases—the FAA response: As proposed, Special
above.’’ special condition would permit its use. Condition c.8. specifies that an exit sign
FAA response: The suggested wording Requested change 8: AFA supports be visible to a person on the stairway.
is more explicit than that proposed, and Special Condition c.5. and suggests that This will provide guidance to people
we have changed the wording of Special there should also be special conditions using the stairway, but not necessarily
Condition b. accordingly. ‘‘requiring that the surface of the treads direct people to the stairway. The
Requested change 5: Regarding and landings should also be designed to optimum evacuation strategy is for
Special Condition c.1., AFA seeks include adequate slip resistant people to evacuate from the deck on
clarification of the types of assistance properties. Additionally, the treads and which they are seated. Adding signs to
needed by cabin crew in regard to risers should have uniform dimensions direct people to the stairs could actually
merging of passengers from the two in order to allow the user to establish a slow the overall evacuation. Conversely,
decks into the stairways. The uniform gait when using the stairway.’’ if people do use the stairs, they will
commenter adds that, ‘‘Analysis is not FAA response: The regulations have an indication that exits are
an acceptable tool for demonstrating already address slip resistance for available. Therefore, we have not
these requirements [for each stairway surfaces likely to become wet in service, changed the text of the Special
between decks].’’ so this aspect is not novel. In terms of Conditions, as proposed.
FAA response: The assistance the detailed design of the treads and Requested change 11: The Boeing
provided would be consistent with that risers, rather than being prescriptive, we Company suggests that Special
currently provided by flight attendants are using a performance based approach Condition d. be revised to read, ‘‘Each
to facilitate evacuation. In terms of the in the special condition. Performance- entrance or path to the entrance of a
method of demonstration used to based requirements will very likely stairway must be visible from a seat
substantiate that the requirements are drive the design, as suggested, since the designated for flight attendants’ use
met, testing is more likely but analysis suggested features are generally during taxi, takeoff, and landing. Cabin
could be an appropriate method. regarded as necessary to achieve crew procedures and positions must be
Accordingly, no change has been made efficient and safe stair usage. established. * * *’’
to the special conditions, as proposed. Requested change 9: Although A comment submitted by AFA states,
Requested change 6: Both the Boeing acknowledging that the proposed ‘‘AFA agrees that cabin crew positions
Company and AFA suggest revising illumination level is the same as for the and procedures need to be established
Special Condition c.2. to require a rest of the airplane interior, ALPA states to help manage the use of the stairs
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handrail on both sides of a stairway, if that the proposed level of illumination between decks but do not believe that
the stairway is wide enough to for the stairway is far too low. The cabin crew can ‘‘control’’ or prevent
accommodate more than a single lane of commenter recommends that the movement of * * * passengers between
persons. AFA also suggests that there be illumination should be an average of 1 the two decks.’’ The commenter

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Federal Register / Vol. 71, No. 175 / Monday, September 11, 2006 / Rules and Regulations 53313

suggests replacing the word ‘‘control’’ allow the passengers of one deck to 10. The public address system must
with the word ‘‘manage’’ [or merge with passengers of the other deck be audible in the stairway during all
‘‘management’’] to reflect a more during an evacuation and exit the flight phases.
realistic situation. airplane. These entrance, exit, and 11. ‘‘No smoking’’ and ‘‘return to
FAA response: The direct view gradient characteristics must occur with seat’’ signs must be installed and must
requirements will be applied to the the airplane in level attitude and in each be visible in the stairway both going up
stairs as they are to other egress paths. attitude resulting from the collapse of and down and at the stairway entrances.
The FAA agrees that ‘‘manage’’ is a any one or more legs of the landing gear. d. Cabin crew procedures and
better term than ‘‘control’’ and has These requirements must be positions must be established to manage
changed the text of Special Condition d. demonstrated by tests and/or analysis. the use of the stairs on the ground and
accordingly. 2. The stairway must have a handrail in flight under both normal and
on at least one side in order to allow emergency situations. This may require
Applicability that cabin crew members have specific
people to steady themselves during
As discussed above, these special foreseeable conditions, including but dedicated duties for the management of
conditions are applicable to the Airbus not limited to the condition of gear the stairs during emergency and
A380–800 airplane. Should Airbus collapse on the ground and moderate precautionary evacuations.
apply at a later date for a change to the turbulence in flight. The handrails must e. It should not be hazardous for crew
type certificate to include another be constructed, so that there will be no members or passengers who are
model incorporating the same novel or obstruction on them which will cause returning to their seats to use the
unusual design features, these special the user to release his/her grip on the stairways during moderate turbulence.
conditions would apply to that model as handrail or will hinder the continuous Issued in Renton, Washington, on August
well under the provisions of § 21.101. movement of the hands along the 28, 2006.
Conclusion handrail. Handrails must be terminated Ali Bahrami,
in a manner which will not obstruct Manager, Transport Airplane Directorate,
This action affects only certain novel pedestrian travel or create a hazard. Aircraft Certification Service.
or unusual design features of the Airbus Adequacy of the design must be [FR Doc. E6–15001 Filed 9–8–06; 8:45 am]
A380–800 airplane. It is not a rule of demonstrated by using persons BILLING CODE 4910–13–P
general applicability. representative of the 5% female and the
List of Subjects in 14 CFR Part 25 95% male.
Aircraft, Aviation safety, Reporting 3. The stairway must be designed and DEPARTMENT OF TRANSPORTATION
and recordkeeping requirements. located to minimize damage to it during
an emergency landing or ditching. Federal Aviation Administration
■ The authority citation for these
4. The stairway must have a wall or
special conditions is as follows: 14 CFR Part 25
the equivalent on each side to minimize
Authority: 49 U.S.C. 106(g), 40113, 44701, the risk of falling and to facilitate use of [Docket No. NM318; Special Conditions No.
44702, 44704. the stairway under conditions of 25–329–SC]
The Special Conditions abnormal airplane attitude.
5. Treads and landings must be Special Conditions: Airbus Model
■ Accordingly, pursuant to the authority A380–800 Airplane, Escape Systems
designed and demonstrated to be free of
delegated to me by the Administrator, Installed in Non-Pressurized
hazard. The landing area at each deck
the following special conditions are Compartments
level must be demonstrated to be
issued as part of the type certification
adequate in terms of flow rate for the AGENCY: Federal Aviation
basis for the Airbus A380–800 airplane.
In addition to the requirements of maximum number of people that will be Administration (FAA), DOT.
§§ 25.803 and 25.811 through 25.813, using the stair in an emergency. Treads ACTION: Final special conditions.
the following special conditions apply: and risers must be designed to ensure an
a. At least one stairway between decks easy and safe use of the stairway. SUMMARY: These special conditions are
must meet the following requirements: 6. General emergency illumination issued for the Airbus A380–800
The stairway accommodates the must be provided so that—when airplane. This airplane will have novel
carriage of an incapacitated person from measured along the centerlines of each or unusual design features when
one deck to the other. The crew member tread and landing—the illumination is compared to the state of technology
procedures for such carriage must be not less than 0.05 foot-candle. envisioned in the airworthiness
established. 7. In normal operation, the general standards for transport category
b. There must be at least two illumination level must not be less than airplanes. Many of these novel or
stairways between decks that meet the 0.05 foot-candles. The assessment must unusual design features are associated
following requirements: The stairways be done under day light and dark of with the complex systems and the
must be designed such that evacuees night conditions. configuration of the airplane, including
can achieve an adequate rate for going 8. Both stairway ends must be its full-length double deck. For these
down or going up under probable indicated by an exit sign visible to design features, the applicable
emergency conditions, including a passengers when in the stairway. This airworthiness regulations do not contain
condition in which a person falls or is exit sign must meet the requirements of adequate or appropriate safety standards
incapacitated while on a stairway. One § 25.812(b)(1)(ii). regarding escape systems installed in
of the stairways must be the stairway 9. A floor proximity path marking non-pressurized compartments. These
specified in paragraph a. above. system which meets the requirements of special conditions contain the
c. Each stairway between decks must § 25.812(e) must be available to guide additional safety standards that the
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meet the following requirements: passengers in the stairway to the Administrator considers necessary to
1. It must have an entrance, exit, and stairway ends. It must not direct the establish a level of safety equivalent to
gradient characteristics that—with the occupants of the cabin to the stair that established by the existing
assistance of a crew member—would entrance. airworthiness standards. Additional

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