Unknown. Final special condition; request for comments

4,759 words·~22 min read·/register/2015/04/28/2015-09784·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2015-04-28.xml --- 80 81 Tuesday, April 28, 2015 Contents Agency Agency for International Development NOTICES Meetings: President's Global Development Council, 23496 2015-09803 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES National Organic Program; Origin of Livestock, 23455-23477 2015-09851 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23496-23497 2015-09774 Animal Animal and Plant Health Inspection Service NOTICES Meetings: USDA Stakeholder Workshop on Coexistence, 23497-23498 2015-09845 Pest Risk Analyses: Importation of Fresh Pitahaya from Israel into the Continental U.S., 23497 2015-09834 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23554-23555 2015-09785 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23555-23557 2015-09849 2015-09850 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 23498 2015-09913 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 23499 2015-09827 Illinois Advisory Committee, 23498-23499 2015-09826 Mississippi Advisory Committee, 23499-23500 2015-09825 Coast Guard Coast Guard RULES Drawbridge Operations: Lewis and Clark River, Astoria, OR, 23445 2015-09788 Willamette River, Portland, OR, 23444 2015-09787 Safety Zones and Regulated Navigation Areas:

Shell Arctic Drilling/Exploration Vessels and Associated Voluntary First Amendment Area, Puget Sound, WA, 23445-23448 2015-09858 PROPOSED RULES Special Load Line Exemption for Lake Michigan, Muskegon Route, 23493-23495 2015-09790 Special Local Regulations: Suncoast Super Boat Grand Prix; Gulf of Mexico, Sarasota, FL, 23484-23487 2015-09860 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23500-23504 2015-09741 2015-09795 2015-09796 2015-09797 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Global Markets Advisory Committee, 23506-23507 2015-09794 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23507 2015-09829 Education Department Education Department RULES Assistance to States for the Education of Children with Disabilities, 23644-23671 2015-09755 NOTICES Applications for New Awards:

Enhanced Assessment Instruments Grants Program, Enhanced Assessment Instruments, 23507-23514 2015-09898 Indian Education Discretionary Grants Programs -- Demonstration Grants for Indian Children Program, 23514-23520 2015-09832 Employment and Training Employment and Training Administration RULES Temporary Employment of Foreign Workers in the United States; CFR Correction, 23443 2015-09948 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Applications:

Clean Line Plains and Eastern Transmission Line, 23520-23522 2015-09941 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Redesignation of the Harrisburg-Lebanon-Carlisle-York Nonattainment Areas to Attainment for the 1997 Annual and the 2006 24-Hour Fine Particulate Matter Standard, PA; Correction, 23449 2015-09771 Yolo-Solano Air Quality Management District; CA, 23449-23452 2015-09737 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Texas; Attainment Demonstration for the Dallas/Fort Worth 1997 8-Hour Ozone Nonattainment Area; Determination of Attainment of the 1997 Ozone Standard, 23487-23493 2015-09901 Yolo-Solano Air Quality Management District; CA, 23487 2015-09735 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Availability of Work Plan Chemical Problem Formulation and Initial Assessment for 1,4-Dioxane, 23545-23546 2015-09888 Lead-Based Paint Pre-Renovation Information Dissemination, 23541-23542 2015-09846 Monthly Progress Reports, 23544-23545 2015-09837 Pre-Manufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances, 23543-23544 2015-09882 Residential Lead-Based Paint Hazard Disclosure Requirements, 23540-23541 2015-09847 State Small Business Stationary Source Technical and Environmental Compliance Assistance Programs Annual Reporting Form, 23542-23543 2015-09853 Meetings:

Input on Potential Actions to Prepare for and Respond to Cyanotoxins in Drinking Water; Webinars, 23542 2015-09891 Federal Aviation Federal Aviation Administration RULES Special Conditions: Boeing Model 787-9; Single-Occupant Oblique Seats, Airbag Devices; Test Requirements, 23441-23443 2015-09784 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Shelter Island, NY, 23454 2015-09855 Reform of Rules Governing the 800 MHz Cellular Service, 23452-23454 2015-09830 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 23547-23549 2015-09798 2015-09799 Meetings: Downloadable Security Technology Advisory Committee, 23548 2015-09783 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Large Bank Deposit Insurance Determination Modernization, 23478-23484 2015-09650 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Bison Peak Pumped Storage, LLC., 23532-23533 2015-09840 McMahan Hydroelectric LLC, 23525-23526 2015-09839 Transcontinental Gas Pipe Line Co., LLC, 23538 2015-09838 Combined Filings, 23523-23524 2015-09808 Environmental Assessments;

Availability, etc.: Tennessee Gas Pipeline Company, LLC; Abandonment and Capacity Restoration Project, 23530-23532 2015-09746 Environmental Impact Statements; Availability, etc.: Mountain Valley Pipeline, LLC; Public Scoping Meetings, 23535-23538 2015-09748 Guidelines for Reporting on Cultural Resources Investigations for Pipeline Projects, 23528-23529 2015-09744 Hydroelectric Applications: Erie Boulevard Hydropower, LP and Saint Regis Mohawk Tribe, 23526-23527 2015-09752 License Amendment Applications:

Green Mountain Power Corporation, 23528 2015-09753 License Applications: Georgia Power Company, 23524-23525 2015-09747 Petitions: Benjamin Riggs v. Rhode Island Public Utilities Commission; Enforcement, 23525 2015-09809 Preliminary Permit Applications: Murphy Dam, LLC, 23529-23530 2015-09754 Qualifying Conduit Hydropower Facilities: Los Angeles County Public Works, 23533-23534 2015-09745 Requests for Waivers: JBBR Pipeline, LLC, 23527 2015-09750 Staff Attendances, 23522 2015-09749 Temporary Waivers of Filing and Reporting Requirements:

Western Refining Pipeline, LLC, 23523 2015-09810 Termination of Exemptions: Bradley D. Reeves, Kevin Drone, 23534-23535 2015-09751 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23636-23639 2015-09852 2015-09854 Federal Maritime Federal Maritime Commission NOTICES Petitions: National Customs Brokers and Forwarders Association of America, 23549-23550 2015-09833 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Labor-Management Relations, 23550-23551 2015-09831 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 23551 2015-09848 Fish Fish and Wildlife Service NOTICES Applications: Copenhagen Wind Farm, LLC; Early Scoping for an Incidental Take Permit and Draft Habitat Conservation Plan, 23567-23570 2015-09806 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 23639-23640 2015-09828 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Identification of Products with Environmental Attributes, 23551-23552 2015-09844 Digital Innovation and Strategy Hack-a-Thon, 23552-23554 2015-09843 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Indian Health Service See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 23557-23558 2015-09823 Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Consistency with Sustainable Communities Planning and Implementation, 23566-23567 2015-09770 Family Self Sufficiency Program Demonstration, 23565-23566 2015-09769 Service Coordinators in Multifamily Housing, 23564 2015-09773 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Law and Order on Indian Reservations -- Marriage and Dissolution Applications, 23570-23571 2015-09812 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Health Service Loan Repayment Program, 23558-23559 2015-09824 Office of Tribal Self-Governance Program; Negotiation Cooperative Agreement; Correction, 23558 2015-09820 Office of Tribal Self-Governance Program;

Planning Cooperative Agreement; Correction, 23559-23560 2015-09822 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Period of Limitations on Assessment for Listed Transactions Not Disclosed under the Internal Revenue Code; Correction, 23443-23444 2015-09710 International Trade Adm International Trade Administration NOTICES Establishment of a Ready Applicant Pool for Department of Commerce Trade Missions, 23504-23505 2015-09800 Establishment of Expedited Trade Mission Procedures, 23505 2015-09802 Justice Department Justice Department NOTICES Charter Renewals:

National Commission on Forensic Science; Requests for Applications, 23595-23596 2015-09934 Proposed Consent Decrees: Clean Water Act, 23596 2015-09762 Labor Department Labor Department See Employment and Training Administration National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 23505-23506 2015-09786 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 23561-23562 2015-09777 National Center for Complementary and Integrative Health, 23562-23563 2015-09776 National Institute of Allergy and Infectious Diseases, 23562 2015-09781 National Institute of Biomedical Imaging and Bioengineering, 23560 2015-09779 National Institute of Diabetes and Digestive and Kidney Diseases, 23560 2015-09780 National Institute of Neurological Disorders and Stroke, 23562 2015-09778 National Toxicology Program Board of Scientific Counselors, 23560-23561 2015-09775 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 23506 2015-09671 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Beneski Museum of Natural History, Amherst College, Amherst, MA; Corrections, 23572 2015-09899 Brooklyn Museum, Brooklyn, NY, 23594-23595 2015-09925 School for Advanced Research, Indian Arts Research Center, Santa Fe, NM, 23588-23589 2015-09864 U.S. Department of the Interior, National Park Service, Big Cypress National Preserve, Ochopee, FL, 23572-23573 2015-09942 Inventory Completions:

Arizona State Museum, University of Arizona, Tucson, AZ, 23586-23588 2015-09863 Arkansas Archeological Survey, Fayetteville, AR; Corrections, 23585-23586 2015-09929 California State University, Sacramento, Sacramento, CA,; Intent to Repatriate Cultural Items; Corrections, 23577-23578 2015-09897 Native American Human Remains, Associated Funerary Objects in the Possession of the U.S. Department of the Interior, National Park Service, Jean Lafitte National Historical Park and Preserve, New Orleans, LA;

Corrections, 23589 2015-09892 Robert S. Peabody Museum of Archaeology, Phillips Academy, Andover, MA, 23582-23583 2015-09911 San Bernardino County Museum, Redlands, CA, 23579-23580 2015-09927 State Historical Society of Iowa, Iowa City, IA, 23574-23576 2015-09890 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 23580-23584 2015-09865 2015-09900 2015-09922 U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC, and the Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 23571-23572 2015-09912 U.S.

Department of the Interior, National Park Service, Big Cypress National Preserve, Ochopee, FL, 23589-23591 2015-09940 U.S. Department of the Interior, National Park Service, De Soto National Memorial, Bradenton, FL, 23584-23585 2015-09931 U.S. Department of the Interior, National Park Service, Isle Royale National Park, Houghton, MI, 23591-23592 2015-09868 U.S. Department of the Interior, National Park Service, Petrified Forest National Park, Petrified Forest, AZ, 23573-23574 2015-09939 Wisconsin Historical Society, Museum Division, Madison, WI, 23576-23577 2015-09909 Repatriation of Cultural Items:

San Bernardino County Museum, Redlands, CA, 23592-23593 2015-09910 State Historical Society of Iowa, Des Moines, IA, 23593-23594 2015-09921 National Science National Science Foundation NOTICES Service Contract Inventories, 23596 2015-09807 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined License Applications: Nuclear Innovation North America LLC; South Texas Project, Units 3 and 4, 23597-23598 2015-09904 Direct Transfers of Licenses: Crystal River Nuclear Generating Plant, Unit 3, 23612-23615 2015-09907 Facility Operating and Combined Licenses:

Applications and Amendments Involving No Significant Hazards Considerations, etc., 23598-23609 2015-09758 License Amendment Applications: Department of Energy; Idaho Spent Fuel Facility Independent Spent Fuel Storage Installation, 23610 2015-09872 Meetings: Advisory Committee on Reactor Safeguards, 23611-23612 2015-09867 Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 23610-23611 2015-09857 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 23598 2015-09862 Advisory Committee on Reactor Safeguards Subcommittee on Reliability and PRA, 23609-23610 2015-09859 Personnel Personnel Management Office NOTICES Meetings:

National Council on Federal Labor-Management Relations, 23615 2015-09842 Securities Securities and Exchange Commission NOTICES Meetings: Equity Market Structure Advisory Committee, 23625 2015-09792 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 23618 2015-09766 NASDAQ OMX BX, Inc., 23615-23618 2015-09764 SS and C Technologies, Inc., 23618-23625 2015-09841 The NASDAQ Stock Market, LLC, 23625-23634 2015-09763 2015-09765 Small Business Small Business Administration NOTICES Disaster Declarations:

Florida, 23634 2015-09817 Georgia, 23634 2015-09819 Tennessee; Amendment 1, 23634-23635 2015-09814 West Virginia; Amendment 1, 23635 2015-09818 State Department State Department NOTICES Culturally Significant Object Imported for Exhibition: Frederick Leighton's Flaming June, 23635 2015-09933 Designations as Global Terrorists: Christodoulos Xiros, 23636 2015-09926 Nikolaos Maziotis a.k.a. Nikos Maziotis, 23635 2015-09914 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Petition to Remove the Conditions on Residence, 23563 2015-09294 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reimbursement of Certain Medical Expenses for Camp Lejeune Family Members, 23640-23641 2015-09791 Western Western Area Power Administration NOTICES Record of Decisions:

Interconnection of the Grande Prairie Wind Farm, Holt County, NE, 23538-23540 2015-09938 Separate Parts In This Issue Part II Education Department, 23644-23671 2015-09755 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 80 81 Tuesday, April 28, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No.

FAA-2015-0692; Special Conditions No. 25-580-SC] Special Conditions: Boeing Model 787-9, Dynamic Test Requirements for Single-Occupant Oblique (Side-Facing) Seats With Airbag Devices AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special condition; request for comments. SUMMARY: These special conditions are issued for the Boeing Model 787-9 airplane. This airplane has a novel or unusual design feature associated with side-facing, oblique seats. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for occupants of seats installed at an angle of greater than 18 degrees, but substantially less than 90 degrees, to the centerline of the airplane, nor for airbag devices.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: This action is effective on April 28, 2015. We must receive your comments by June 12, 2015. ADDRESSES: Send comments identified by docket number FAA-2015-0692 using any of the following methods: • *Federal eRegulations Portal:* Go to *http://www.regulations.gov/* and follow the online instructions for sending your comments electronically. • *Mail:* Send comments to Docket Operations, M-30, U.S.

Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001. • *Hand Delivery or Courier:* Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:* Fax comments to Docket Operations at 202-493-2251. *Privacy:* The FAA will post all comments it receives, without change, to *http://www.regulations.gov/,* including any personal information the commenter provides.

Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the **Federal Register** published on April 11, 2000 (65 FR 19477-19478), as well as at *http://DocketsInfo.dot.gov/.* *Docket:* Background documents or comments received may be read at *http://www.regulations.gov/* at any time.

Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Gardlin, Airframe and Cabin Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-2136; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and opportunity for prior public comment on, these special conditions are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected airplane. The FAA therefore finds that good cause exists for making these special conditions effective upon publication in the **Federal Register** . Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views.

The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive. Background On July 5, 2009, The Boeing Company applied for an amendment to Type Certificate No. T00021SE to include the new Model 787-9 airplane. The Model 787-9, which is a derivative of the Model 787 airplane currently approved under Type Certificate No.

T00021SE, is a wide-body twin-jet with wing-mounted engines. It has a 420-passenger capacity, a maximum takeoff weight of 553,000 lb, and is equipped with two Rolls-Royce Trent T1000 or General Electric GENx engines. Amendment 25-15 to part 25, dated October 24, 1967, introduced the subject of side-facing seats and a requirement that each occupant in a side-facing seat must be protected from head injury by a safety belt and a cushioned rest that will support the arms, shoulders, head, and spine.

Subsequently, Amendment 25-20, dated April 23, 1969, clarified the definition of sideward-facing seats to require that each occupant of a seat that is positioned at more than an 18-degree angle to the vertical plane containing the airplane centerline must be protected from head injury by a safety belt and an energy-absorbing rest that supports the arms, shoulders, head, and spine; or by a safety belt and shoulder harness that prevents the head from contacting injurious objects.

The FAA concluded that a maximum 18-degree angle would provide an adequate level of safety based on tests that were performed at that time, and thus adopted that standard. Part 25 was amended June 16, 1988, by Amendment 25-64, to revise the emergency-landing conditions that must be considered in the design of the airplane. Amendment 25-64 revised the static-load conditions in § 25.561, and added a new § 25.562 that required dynamic testing for all seats approved for occupancy during takeoff and landing.

The intent of Amendment 25-64 is to provide an improved level of safety for occupants on transport-category airplanes. Because most seating is forward-facing on transport-category airplanes, the pass/fail criteria developed in Amendment 25-64 focused primarily on these seats. As a result, the FAA issued Policy Memorandums ANM-03-115-30, “Side-facing Seats on Transport Category Airplanes,” and PS-ANM-100-2000-00123 “Guidance for Demonstrating Compliance with Seat Dynamic Testing for Plinths and Pallets,” to provide the additional guidance necessary to demonstrate the level of safety required by the regulations for fully side-facing seats.

To reflect current research findings, the FAA developed a methodology to address all fully side-facing seats (i.e, seats oriented in the airplane with the occupant facing 90 degrees to the direction of airplane travel) and has documented those requirements in a set of proposed new special conditions. The FAA issued Policy Statement PS-ANM-25-03-R1 to document the injury criteria associated with neck and leg injuries for fully side-facing seats that will be used in special conditions issued after the implementation of the policy.

The criteria described in the above policy statements were written for fully side-facing seats and do not fully address the complex occupant-loading conditions introduced by a seat that is at an oblique angle to the centerline of the airplane. The Model 787-9 business-class seat installation is novel such that the current Model 787 side-facing seat special conditions do not adequately convey occupant protection expectations for an oblique-seat installation. Therefore, the configuration Boeing proposes requires new special conditions.

Type Certification Basis Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, Boeing must show that the 787-9, as changed, continues to meet the applicable provisions of the regulations listed in Type Certificate No. T00021SE, or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA. The regulations listed in the type certificate are commonly referred to as the “original type-certification basis.

” The regulations listed in T00021SE are as follows: The type-certification basis for the Model 787-9 airplane is 14 CFR part 25, effective February 1, 1965, as amended by Amendments 25-1 through 25-128, except § 25.795, Security Considerations, at Amendment 25-106; and § 25.125, Landing, at Amendment 25-108. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable part that are not relevant to these special conditions.

If the Administrator finds that the applicable airworthiness regulations ( *i.e.,* 14 CFR part 25) do not contain adequate or appropriate safety standards for the Boeing Model 787-9 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, the special conditions would also apply to the other model.

In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 787-9 airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.101. Novel or Unusual Design Features The Boeing Model 787-9 airplane will incorporate the following novel or unusual design features:

Installation of Zodiac Seats France Cirrus III model oblique business-class passenger seats manufactured by Zodiac Seats UK, which are seats installed at an angle of 30 degrees to the airplane centerline. These seats will include airbag devices for occupant restraint and injury protection. This particular design allows for the upper torso to align with the impact vector, but may restrict the knees/legs from fully aligning. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for occupants of seats installed in the proposed configuration.

To provide a level of safety equivalent to that afforded to occupants of forward- and aft-facing seats, additional airworthiness standards, in the form of special conditions, are necessary. Although we have issued side-facing-seat special conditions applicable to the 787, these existing special conditions do not fully address the complex occupant-loading conditions introduced by a seat that is at an oblique angle to the centerline of the airplane. Special Conditions 25-458-SC, “Boeing Model 787 Series Airplanes;

Single-place Side-facing Seats with Inflatable Lapbelts,” apply to fully side-facing (90 degree) seats installed on the 787. Special Conditions 25-552-SC, “Boeing Model 787-9, Side-Facing Seats,” were applicable to a specific 49-degree oblique seat installation, and do not contain sufficient criteria for general oblique seat installations. Boeing is installing airbag devices on these seats, either in the lapbelts or mounted in the structure around the seats. Airbag devices installed in lapbelts on the 787 are addressed by Special Conditions 25-431-SC, “Boeing Model 787 Series Airplanes;

Seats With Inflatable Lapbelts.” We are currently developing special conditions to apply to structure-mounted airbag devices installed on the 787. Discussion The business-class seating configuration proposed by Boeing is unique due to the seat installation at a 30-degree angle to the airplane centerline. Special Conditions 25-458-SC and 25-552-SC were not intended to address this configuration, nor is this configuration specifically addressed by Policy Statement PS-ANM-25-03-R1 (which is intended to address fully side-facing seats, *i.e.,* 90-degree installation angle).

However, we believe the occupant-injury criteria conveyed in this policy statement is applicable to this type of configuration as it applies to evaluating neck injuries. Due to the unique seat-installation angle, these special conditions also include spinal-loading injury criteria. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability As discussed above, these special conditions are applicable to the Boeing Model 787-9 airplane. These special conditions can be applied to oblique seats installed at an angle greater than 18 degrees but less than 46 degrees to the vertical plane containing the airplane centerline. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well.

The angle of installation and detailed design features will determine the nature of the occupant response. The FAA will amend these special conditions or issue new special conditions, should unusual occupant response in the required dynamic tests, or additional research into occupant-injury mechanisms, indicate these special conditions are inadequate. Any future special conditions would include due public notice. Conclusion This action affects only certain novel or unusual design features on one model of airplane.

It is not a rule of general applicability. Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, as the certification date for the Boeing Model 787-9 airplane is imminent, the FAA finds that good cause exists to make these special conditions effective upon publication in the **Federal Register** . List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type-certification basis for Boeing Model 787-9 airplanes modified by Boeing. Side-Facing Seats Conditions In addition to the requirements of § 25.562: 1. Existing Criteria: Compliance with § 25.562(c)(5) is required, except that, if the anthropomorphic test device

(ATD)has no apparent contact with the seat/structure but has contact with an inflatable restraint, a head-injury criterion

(HIC)unlimited score in excess of 1000 is acceptable, provided the HIC15 score for that contact is less than 700. 2. Body-to-Wall/Furnishing Contact: If a seat is installed aft of structure ( *e.g.,* an interior wall or furnishing) that does not provide a homogenous contact surface for the expected range of occupants and yaw angles, then additional analysis and/or test(s) may be required to demonstrate that the injury criteria are met for the area which an occupant could contact. For example, if different yaw angles could result in different inflatable-restraint performance, then additional analysis or separate test(s) may be necessary to evaluate performance. 3. Neck Injury Criteria: The seating system must protect the occupant from experiencing serious neck injury. The assessment of neck injury must be conducted with the inflatable restraint activated unless there is reason to also consider that the neck-injury potential would be higher below the inflatable-restraint threshold. a. The N ij must be below 1.0, where N ij = F z /F zc + M y /M yc , and N ij intercepts limited to: i. F zc = 1530 lb for tension. ii. F zc = 1385 lb for compression. iii. M yc = 229 lb-ft in flexion. iv. M yc = 100 lb-ft in extension. b. In addition, peak F z must be below 937 lb in tension and 899 lb in compression. c. Rotation of the head about its vertical axis relative to the torso is limited to 105 degrees in either direction from forward-facing. d. The neck must not impact any surface. 4. Spine and Torso Injury Criteria: a. The shoulders must remain aligned with the hips throughout the impact sequence, or support for the upper torso must be provided to prevent forward or lateral flailing beyond 45 degrees from the vertical during significant spinal loading. b. Significant concentrated loading on the occupant's spine, in the area between the pelvis and shoulders during impact, including rebound, is not acceptable. During this type of contact, the interval for any rearward (X direction) acceleration exceeding 20g must be less than 3 milliseconds as measured by the thoracic instrumentation specified in 49 CFR part 572, subpart E, filtered in accordance with SAE International

(SAE)J211-1. c. Occupant must not interact with the armrest or other seat components in any manner significantly different than would be expected for a forward-facing seat installation. 5. Longitudinal test(s), as necessary, must be performed with the FAA Hybrid III ATD, undeformed floor, most-critical yaw case(s) for injury, and with all lateral structural supports (armrests/walls) installed. For the pass/fail injury assessments, see the criteria listed in special conditions 1 through 4, above. Note: Boeing must demonstrate that the installation of seats via plinths or pallets meets all applicable requirements. Compliance with the guidance contained in FAA Policy Memorandum PS-ANM-100-2000-00123, dated February 2, 2000, titled “Guidance for Demonstrating Compliance with Seat Dynamic Testing for Plinths and Pallets,” is acceptable to the FAA. Inflatable Lapbelt Conditions If inflatable lapbelts are installed on single-place side-facing seats, the inflatable lapbelt(s) must meet Special Conditions 25-431-SC. Issued in Renton, Washington, on April 14, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015-09784 Filed 4-27-15; 8:45 am]

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