[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55941-55953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16877]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 158 / Thursday, August 17, 2023 /
Proposed Rules
[[Page 55941]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 27, 29, 91, 121, 125 and 135
[Docket No.: FAA-2019-0491; Notice No. 23-12]
RIN 2120-AK34
Interior Parts and Components Fire Protection for Transport
Category Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: In Notice 19-09, published on July 3, 2019, the FAA proposed
to amend certain regulations for fire protection of interior
compartments on transport category airplanes. Based on certain comments
received, the FAA is providing additional information on its proposed
elimination of a smoke emissions testing requirement. The FAA is also
changing its calculations related to the proposed rule's costs and
benefits. This notice offers interested persons an opportunity to
comment on these changes.
DATES: Send comments on or before October 2, 2023.
ADDRESSES: Send comments identified by docket number FAA-2019-0491
using any of the following methods:
Federal eRulemaking Portal: Go to 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the 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, AIR-20, Office of Senior
Technical Experts, Aircraft Certification Service, Federal Aviation
Administration, 2200 South 216th Street, Des Moines, WA 98198;
telephone (206) 231-3146; email [email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
Requirements.'' Under that section, the FAA is charged with promoting
safe flight of civil aircraft in air commerce by prescribing
regulations and minimum standards for the design and performance of
aircraft that the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority. It
revises the safety standards for the flammability characteristics, and
thus the design, material, and construction, of transport category
airplanes.
I. Background
A. Summary of Prior Notice of Proposed Rulemaking (NPRM)
On July 3, 2019, the FAA published in the Federal Register an NPRM
titled ``Interior Parts and Components Fire Protection for Transport
Category Airplanes'' (84 FR 31747). In the NPRM, the FAA proposed to
amend certain airworthiness regulations for fire protection of interior
compartments on transport category airplanes. The proposal would
convert those flammability regulations from detailed, prescriptive
requirements into simpler, performance-based standards. The proposal
would divide these standards into two categories: those designed to
protect the airplane and its occupants from the hazards of in-flight
fires, and those designed to protect the airplane and its occupants
from the hazards caused by post-crash fires. In addition, the proposal
would remove test methods, including heat release and smoke emissions
tests, from the regulations, replacing them with performance-based
requirements.
B. Response to Public Comments on Proposed Replacement of Smoke
Emissions Test Requirement With Performance-Based Standards
The FAA received several comments on its proposal to remove the
smoke emissions test as a requirement for compliance with the proposed
performance-based standard of Sec. 25.853(d)(2). As noted in the NPRM,
proposed Sec. 25.853(d) would provide a general standard that the
airplane's parts, components, and assemblies maintain survivable cabin
conditions for enough time to allow evacuation. For large surfaces in
the passenger cabin, the specific survivability requirement would be
dependent on the passenger capacity of the proposed airplane, because
emergency egress is generally much faster on smaller airplanes. For
airplanes with 19 passengers or less, proposed Sec. 25.853(d)(1) would
require each large surface in the passenger cabin to be self-
extinguishing when exposed to a small flame for at least 60 seconds.
For airplanes with a passenger capacity of 20 passengers or more,
proposed Sec. 25.853(d)(2) would require, with limited exception, that
each large surface in the passenger cabin resist involvement in a post-
crash fuel fire
[[Page 55942]]
that has entered the fuselage. For the purposes of this requirement,
`resist involvement' would mean that, when exposed to a post-crash fuel
fire, the thermal decomposition of the affected materials would not
produce cabin conditions that would prevent or delay egress, in a time
less than egress would otherwise occur.
The traditional means of measuring this capability, and thus the
FAA's regulatory requirement in appendix F, has been to conduct two
tests: an examination of the material's heat release, due to the nexus
of heat release with flashover,\1\ as well as of its smoke emissions,
since heavy smoke could similarly prevent timely egress. As discussed
in the NPRM, the FAA has concluded that, for traditional (previously
approved) materials and material systems, for which compliance data
already exists, heat release test results alone would be sufficient to
determine that the material resists involvement in a post-crash fire.
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\1\ See, e.g., The Case for Relating Flashover to Heat Release
Rate Measurements on Cabin Materials, Fire Safety Branch, FAA
Technical Center (Apr. 2, 1986), available at https://www.fire.tc.faa.gov/pdf/fsr-0338.pdf and in the docket.
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As with all the requirements in Sec. 25.853, applicants must
currently show compliance via a specific (smoke emissions) test set
forth in part V of appendix F of part 25, title 14, Code of Federal
Regulations (14 CFR).
SABIC, GBH International, Airbus, and several individuals disagreed
with the FAA's statement in the NPRM that the smoke emissions test
requirement had not been shown to have contributed to fire safety in an
actual accident.\2\ These commenters said that because the smoke
emissions test has long been a requirement, there is no way to know
whether it has contributed to fire safety. These commenters noted that
some materials will pass the heat release tests but fail the smoke
emissions test, and therefore cannot be used under current regulations.
These commenters asserted that the proposed rule would permit these
materials' use, with an unknown effect on safety.
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\2\ Interior Parts and Components Fire Protection for Transport
Category Airplanes; NPRM. 84 FR 31752 (July 3, 2019).
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Airbus, Boeing, and the International Coordinating Council of
Aerospace Industries Associations objected to the NPRM's assertion
that, since the smoke emissions test was in use by industry before it
became a regulatory requirement, it would likely continue to be used,
to some extent, after it was no longer required.\3\ These commenters
stated that airplane manufacturers would have no incentive to continue
to conduct the smoke emissions test, if the FAA determined that it did
not add to safety. SABIC, GHB International, and the Airline Pilots
Association opined that smoke was a survivability factor in the post-
crash environment, and therefore that the FAA should retain a
requirement that applicants conduct a smoke emissions test.
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\3\ Ibid, 84 FR 31753.
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Regarding the contribution of the smoke emissions test to fire
safety, the FAA's statement in the NPRM referred to the lack of
correlation, in full-scale fire tests, between that particular test and
survivability.\4\ Although the FAA considers the presence of smoke to
be a significant survivability factor in a post-crash fire, as
discussed in the NPRM it is the smoke emission test results that have
not been shown to have clear correlation to survivability. Also, a
prescriptive smoke emissions test requirement in addition to a heat
release test requirement will screen out materials that either test, by
itself, would not. The key question, for this issue in this proposed
rulemaking, is the extent to which screening out those additional
materials contributes to occupant survivability in an actual post-crash
fire; or whether the effect of a regulatory requirement to conduct both
types of tests is solely to limit the options available to applicants.
Since some of the comments questioning whether applicants would
voluntarily conduct a smoke emissions test came from those
manufacturers, the FAA agrees that its estimate of continued voluntary
usage of the smoke emissions test by industry was likely incorrect.
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\4\ Ibid, 84 FR 31752.
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The NPRM described the heat release rate (HRR) test as a compliance
method that would be available to meet proposed Sec. 25.853(d)(2).\5\
That section would require that materials resist involvement in a post-
crash fire to the extent that survivability would not be affected. The
NPRM also stated, however, that ``if data from the HRR testing does not
ensure the post-crash fuel fire performance of a given material, an
applicant could show compliance via another means.'' \6\ With this
supplemental notice of proposed rulemaking (SNPRM), the FAA provides
additional information on methods of showing compliance.
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\5\ Ibid, 84 FR 31753.
\6\ Ibid, 84 FR 31753.
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For existing material systems,\7\ and traditional aircraft parts
(i.e., those that have already passed the smoke emissions test
previously in appendix F, part V), successful HRR test results alone
would be sufficient to show that the material resists involvement in a
post-crash fire, per Sec. 25.853(d)(2).
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\7\ A ``material system'' is the underlying chemistry and
associated processes to produce specific materials.
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Applicants proposing a design that incorporates a new material or
material system that has not been previously approved by the FAA, and
thus for which no compliance data exists, would need to provide more
data in order to show survivability. Results showing passage of only
the HRR test would not be sufficient, and applicants would need to
provide an assessment of the material's smoke emissions
characteristics. However, since the current regulatory requirement is
to use both smoke emissions and heat release test results to determine
whether a material sufficiently resists involvement in a post-crash
fire, and since the intent of this proposal is not to change the level
of safety in this regard, for such wholly new materials the FAA would
accept a compliance demonstration that includes an assessment of both
heat release and smoke emissions test results.
Applicants could also combine successful HRR test results with a
showing that the new material's smoke emissions characteristics are
consistent with the characteristics of parts for which there is already
approved data. As explained below, an applicant could show that the new
material does not have distinctly different characteristics than
materials that have already been found to meet the current smoke
emissions test in part V of appendix F.
To assist applicants' use of smoke emission data as part of their
showing of survivability, the FAA has updated, and placed in the docket
for comment with this SNPRM, draft Advisory Circular (AC) 25.853-1A.
That draft AC references the FAA's development of a modification to the
apparatus defined in chapter A4 DOT/FAA/TC-17/55, ``Aircraft Materials
Fire Test Handbook,'' Revision 3, dated June 2019. Chapter A4 includes
a test known as the ``HR2''. This modification to the test apparatus
uses a method of continuously assessing smoke with lasers, and accounts
for the total smoke emission over the course of the test.\8\
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\8\ Passage of the HR2 test will not be required to demonstrate
a new materials' smoke emissions characteristics. As described in
the draft AC, applicants would also be able to use the currently
required test from the appendix F, part V; the test method in
chapter 6 of DOT/FAA/AR-00/12; or another FAA-accepted test.
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In the method provided by the draft AC, an applicant could use a
proposed material's smoke emissions
[[Page 55943]]
characteristics as part of the required showing of survivability if the
proposed material generated less than 25 percent more smoke than a
material that the FAA previously approved based upon the applicant's
showing of compliance with the smoke test in part V of appendix F.\9\
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\9\ A difference of 25 percent or more smoke than an approved
material would prompt the need to further investigate, and
demonstrate, the survivability performance of the new material.
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Since applicants do not yet have data from the HR2 regarding smoke
emissions, they would be able to gather that information outside of
formal (project-specific) certification testing, as long as the
applicant has a defined process that is accepted by the FAA. Given that
applicants have little experience with the new HR2, they will likely be
conducting non-certification tests to gain that experience. The FAA
estimates that the costs of gathering this data, and submitting it in
future projects, would be minimal. In addition, the FAA would welcome
the opportunity to evaluate candidate materials for which the smoke
emissions performance is in question. Any such evaluation would result
in de-identified publicly available data, of potential benefit to all
applicants.
The FAA is also making changes to the way costs and benefits are
assessed based on the forecast for new type certificates, and
deliveries under those certificates. The FAA also made minor punctation
corrections to the proposed revisions to the conforming operational
rules.
C. Need for Supplemental Notice of Proposed Rulemaking (SNPRM)
This SNPRM is needed since the FAA is proposing to change some of
its cost and benefit calculations, and explaining certain methods of
compliance that would use an assessment of smoke emissions to show
compliance. This SNPRM offers the public opportunity to comment on the
assumptions and criteria the FAA is using in advance of a final rule.
II. Discussion of Supplemental Proposals
As previously discussed, there are no changes to the regulatory
proposals. Since the proposed requirements are performance-based, the
effect is entirely on the method of compliance to meet one of the
proposals in light of comments received.
III. Regulatory Notices and Analyses
A. Regulatory Evaluation
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563, as amended by Executive Order
14094 (``Modernizing Regulatory Review''), direct that each Federal
agency shall propose or adopt a regulation only upon a reasoned
determination that the benefits of the intended regulation justify the
costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L 96-354)
requires agencies to analyze the economic impact of regulatory changes
on small entities. Third, the Trade Agreements Act (Pub. L. 96-39)
prohibits agencies from setting standards that create unnecessary
obstacles to the foreign commerce of the United States. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies
to prepare a written assessment of the costs, benefits, and other
effects of proposed or final rules that include a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million or more
(adjusted annually for inflation) in any one year. The current
threshold after adjustment for inflation is $177 million using the most
current (2022) Implicit Price Deflator for the Gross Domestic Product.
[The FAA has provided a detailed Regulatory Impact Analysis (RIA) in
the docket for this rulemaking.] This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this rule.
In conducting these analyses, the FAA has determined that this
rule: will result in benefits that justify costs; is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, as amended; will not have a significant
economic impact on a substantial number of small entities; will not
create unnecessary obstacles to the foreign commerce of the United
States; and will not impose an unfunded mandate on State, local, or
Tribal governments, or on the private sector. These analyses are
summarized below.
1. Summary of Costs and Benefits
The SNPRM is in response to the following changes to the RIA. The
analysis for the NPRM RIA included the impacts of the rule on U.S.
manufacturers selling airplanes in the U.S. but did not include impacts
to foreign operators and foreign manufacturers. This SNPRM analysis
adds the impacts of the rule on U.S. manufacturers selling airplanes to
foreign operators, and foreign manufacturers selling airplanes to U.S.
operators. The NPRM also assumed that all new type certificates would
be issued at the start of the analysis. The SNPRM is being updated to
better reflect a more realistic schedule for the introduction of new
type certificates into the fleet. In this analysis, the introduction of
new type certificates are spaced over the time horizon of the analysis
rather than all occurring at the start of the time horizon.
By extending fire protection requirements to any extensively used
material located in inaccessible areas, the proposal is likely to be
beneficial in reducing the likelihood of a fatal accident. Over a 20-
year period of analysis, the FAA estimates the total present value cost
savings of this SNPRM to be $121.4 million at a seven percent discount
rate, with annualized cost savings of $11.7 million. The cost savings
would result from the elimination and streamlining of some tests, which
would be made possible by the extension of fire protection requirements
to inaccessible areas. Over the same 20-year period, the FAA estimates
the total present value costs of this SNPRM to be $107.6 million at a
seven percent discount rate, with annualized costs of $10.4 million due
to the extension of fire protection requirements to extensively used
material in inaccessible areas. A full explanation of how these costs
and cost savings were estimated may be found in the regulatory impact
assessment accompanying this SNPRM. The present value net cost savings
(cost savings minus cost) is $13.8 million, with annualized net cost
savings of $1.3 million. The following tables summarize the costs and
cost savings of this proposed rule for U.S. manufacturers, foreign
manufacturers delivering to U.S. operators and then the total for both
U.S. manufacturers and foreign manufacturers (delivering to U.S.
operators).
[[Page 55944]]
U.S. Manufacturers \10\--Total Costs and Cost Savings
[2020 $]
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19-Year total present value Annualized
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7% 3% 7% 3%
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Cost Savings.................................... $91,083,070 $142,741,271 $8,812,562 $9,965,322
Costs........................................... 56,081,338 74,600,557 5,426,039 5,208,154
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Total Net Cost Savings...................... 35,001,732 68,140,714 3,386,523 4,757,168
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Foreign Manufacturers \11\--Total Costs and Cost Savings
[2020 $]
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19-Year total present value Annualized
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7% 3% 7% 3%
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Cost Savings.................................... $30,317,272 $47,104,659 $2,933,287 $3,288,559
Costs........................................... 51,520,339 62,218,084 4,984,748 4,343,686
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Total Net Cost Savings...................... -21,203,067 -15,113,425 -2,051,461 -1,055,127
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Total Costs and Cost Savings
[2020 $]
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Total U.S. (1) and foreign manufacturers (2) net cost savings
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20-Year total present value Annualized
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7% 3% 7% 3%
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Cost Savings.................................... $121,400,342 $189,845,930 $11,745,849 $13,253,881
Costs........................................... 107,601,677 136,818,641 10,410,787 9,551,840
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Total Net Cost Savings...................... 13,798,665 53,027,288 1,335,062 3,702,041
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(1) Includes deliveries by U.S. manufacturers to U.S. operators and to foreign operators (2) Includes deliveries
by foreign manufacturers to U.S. operators.
2. Who is potentially affected by this proposed rule?
Manufacturers of part 25 transport category airplanes would be
potentially affected by the proposed rule.
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\10\ Includes U.S. manufacturers delivering to U.S. and foreign
operators.
\11\ Includes costs for foreign manufacturers deliveries to U.S.
operators.
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3. Assumptions
Totals converted to 2020 constant dollars.\12\
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\12\ Costs were converted to 2020 dollars from 2015 dollars to
be compliant with OMB guidance. Conversion used Bureau of Economic
Analysis--Line 1 Gross Domestic Product from Table 1.1.9. Implicit
Price Deflators for Gross Domestic Product, last revised on March
25, 2021.
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Time horizon for analysis 20 years.\13\
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\13\ A 20-year time horizon was chosen to be inclusive of the
19-year production cycle for large and the 15-year production cycle
for small transport category airplanes.
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Fifty percent of the $42.8 million annual costs for smoke
emissions testing is incurred by domestic airplane manufacturers.\14\
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\14\ Fifty percent is an estimate of the share of the worldwide
transport airplane market held by U.S. manufacturers.
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Seventeen percent \15\ of the $42.8 million annual costs
for smoke emissions testing is incurred by non-U.S. manufacturers
delivering airplanes to U.S. operators.
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\15\ Seventeen percent is an estimate of the share of deliveries
of the worldwide transport airplane market from foreign
manufacturers to U.S. operators, obtained from the fleet analyzer
database.
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Cost savings from eliminating smoke emissions tests would
increase linearly to the level of the current cost savings over 25
years.\16\
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\16\ Based on manufacturer recommendation.
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One U.S. manufacturer of large and one U.S. manufacturer
of other transport category aircraft.
One foreign manufacturer of large and two foreign
manufacturers of other transport category aircraft.
U.S. Manufacturers Delivering to U.S. Operators
Large Transport Category Airplanes \17\
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\17\ Based on FAA analysis of Boeing data, OAG Aviation
Solutions Fleet Database, FAA Type Certificate Data Sheet database.
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Four type certificates over 20 years
27 airplanes delivered annually per TC
19-year production run
Other Transport Category Airplanes \18\
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\18\ Other transport category airplanes are manufactured under
part 25 and are other than large transport category airplanes.
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Three type certificates over 15 years
21 airplanes delivered annually per TC
15-year production run
U.S. Manufacturers Delivering to Foreign Operators \19\
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\19\ See appendix A for derivation of deliveries.
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Large Transport Category Airplanes
Four type certificates over 20 years
35 aircraft delivered annually per TC
19-year production run
[[Page 55945]]
Other Transport Category Airplanes
Three type certificates over 15 years
14 airplanes delivered annually per TC
15-year production run
Foreign Manufacturers Delivering to U.S. Operators
Large Transport Category Airplanes
Two type certificates over 20 years
16 airplanes delivered annually per TC
19-year production run
Other Transport Category Airplanes
Five type certificates over 15 years
10-15 airplanes delivered annually per TC
15-year production run
4. Benefits of the Rule
The proposed new safety requirements to extend the fire protection
requirements to any extensively used material \20\ located in
inaccessible areas would result in a safety benefit by reducing the
likelihood of a fatal accident from a fire in an inaccessible area.
This benefit was not quantified. Even though there has not been a
catastrophic in-flight fire of a passenger-carrying airplane since the
Swissair accident in 1998, the continued occurrence of in-flight fire
incidents and the growing number of devices using lithium-ion batteries
increase the risk of a catastrophic accident, a risk that this proposal
would reduce.
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\20\ Extensively used materials, for the purpose of this
rulemaking, means any parts or system of parts that could permit a
fire to propagate and grow to a hazardous level, for example, air
ducting, electrical wiring/sleeving, thermal/acoustic insulation,
and composite fuselage structure.
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5. Costs of This Proposed Rule
Over a 20-year period of analysis, the FAA estimates the total
present value costs of this proposed rule to be $107.6 million at a
seven percent discount rate, with annualized costs of $10.4 million,
which would result from extending the standards developed for thermal/
acoustic insulation to all extensively used materials in inaccessible
areas. A full explanation of how these costs were estimated may be
found in the regulatory impact analysis accompanying this SNPRM.
Over the same 20-year period, the FAA estimates the total
quantified cost savings of this proposed rule to be $121.4 million at a
seven percent discount rate, with annualized cost savings of $11.7
million. The cost savings would result from the elimination and
streamlining of some tests, which would be made possible by the
extension of fire protection requirements to inaccessible areas. The
total net cost savings of the proposed rule at a seven percent discount
rate would be $13.8 million, with annualized net cost savings of $1.3
million.
6. Minimal to No Cost Provisions Including Conforming Changes
Numerous provisions within this proposal would result in minimal to
no cost to possibly small cost savings. These include provisions that
continue to accept previous test methods or current systems in addition
to proposing new ones, those that maintain current requirements or
current practice, and small edits to maintain consistency with the
current rule. Also included are conforming changes to parts 27, 29,
121, 125, 135, and appendix L to part 121. These sections make
reference to, or require testing in accordance with, certain sections
of appendix F to part 25. Because sections of appendix F would be
removed, some changes refer to the new location of the requirements.
For airplanes type certificated in accordance with the proposed
requirements, this change would enable them to be in compliance with
the operating rules, while allowing aircraft manufactured under
existing type certificates and the current fleet to comply with the old
requirements.
Therefore, this proposed rule would impose no retrofit requirements
on the current fleet or a production cut-in to aircraft manufactured
under existing type certificates. Consequently, these provisions would
impose minimal to no cost. Please see the RIA available in the docket
for more details.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA) of 1980, Public Law 96-354, 94
Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat.
857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L.
111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The FAA is publishing this Initial Regulatory Flexibility Analysis
(IRFA) to aid the public in commenting on the potential impacts to
small entities from this proposal. The FAA invites interested parties
to submit data and information regarding the potential economic impact
that would result from the proposal. The FAA will consider comments
when making a determination or when completing a Final Regulatory
Flexibility Analysis.
Under section 603 (b) and (c) of the RFA, an IRFA must contain the
following:
(1) A description of the reasons why the action by the agency is
being considered;
(2) A succinct statement of the objective of, and legal basis for,
the proposed rule;
(3) A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
(5) An identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule; and
(6) A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
1. Reasons the Action Is Being Considered
The FAA is issuing this proposal to simplify flammability
regulations and provide a higher level of safety for transport category
airplanes. The current regulations are complicated, sometimes
conflicting, sometimes redundant, occasionally incomplete, and may be
obsolete for dealing with present-day proposed airplanes. Simplifying
these regulations can lead to cost savings.
A key safety benefit of this proposal is the extension of fire
protection requirements to any extensively used material located in
inaccessible areas. FAA research found airplanes are at risk due to
flammable materials in inaccessible areas. FAA testing has indicated
that typical in-service ducts can quickly spread fire from a small fire
source in an inaccessible area, while ducts that would meet the new
requirement can resist that small size fire and not propagate flames.
Also, due to the rapidly increasing number of
[[Page 55946]]
events due to lithium battery fires, the chances of a lithium battery
fire in the cabin getting to an inaccessible area are increasing.
2. Objectives and Legal Basis of the Proposed Rule
The FAA's authority to issue rules on aviation safety is found in
title 49 of the United States Code. Subtitle I, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is issued under the authority described in subtitle
VII, part A, subpart III, section 44701, ``General Requirements.''
Under that section, the FAA is charged with promoting safe flight of
civil aircraft in air commerce by prescribing regulations and minimum
standards for the design, material, construction, quality of work, and
performance of aircraft that the Administrator finds necessary for
safety in air commerce. This proposed regulation is within the scope of
that authority. It would revise the safety standards for the
flammability characteristics, and thus the design, material, and
construction, of transport category airplanes.
3. All Federal Rules That May Duplicate, Overlap, or Conflict
There are no relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule.
4. Description and Estimate of the Number of Small Entities
The FAA used the definition of small entities in the RFA for this
analysis. The RFA defines small entities as small businesses, small
governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3),
the RFA defines ``small business'' to have the same meaning as ``small
business concern'' under section 3 of the Small Business Act. The Small
Business Act authorizes the Small Business Administration (SBA) to
define ``small business'' by issuing regulations.
SBA (2023) has established size standards for various types of
economic activities, or industries, under the North American Industry
Classification System (NAICS).\21\ These size standards generally
define small businesses based on the number of employees or annual
receipts.
---------------------------------------------------------------------------
\21\ Small Business Administration (SBA). 2023. Table of Size
Standards. Effective Mar 17, 2023. Accessible at www.sba.gov/document/support--table-size-standards.
---------------------------------------------------------------------------
This proposal would affect U.S. manufacturers of part 25 transport
category airplanes requesting a new or amended type certificate.
According to the small business administration, the size standard for
aircraft manufacturers (NAICS code 336411) to be considered a small
business is 1,500 employees or less. None of the manufacturers who
manufacture transport category airplanes have fewer than 1,500
employees; therefore, none of them are small businesses.
The proposal might also indirectly affect businesses that modify
transport category airplanes. At this time, the FAA has not identified
any affected small entities without larger U.S. or foreign ownership or
business relationships. The FAA requests comments on this finding.
5. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
Requirements are governed by 14 CFR part 21 and are not changing
with this proposal. Applicants are required to show compliance under
Sec. 21.20, and this will continue to apply. Therefore, the proposal
would not impose additional reporting, recordkeeping, or other
compliance requirements on small entities.
6. Significant Alternatives Considered
The FAA considered two alternatives to the proposed rule. The first
alternative was to not make any changes to the fire protection
requirements. This would leave in place complicated, sometimes
conflicting, sometimes redundant, occasionally incomplete, and
potentially obsolete regulations.
Cost savings would not be achieved. This alternative would also not
extend fire protection requirements to extensively used materials
located in inaccessible areas. This would leave airplanes at risk due
to flammability materials in inaccessible areas.
The FAA also considered making only some of the proposed changes;
however, this would provide limited benefit and no safety improvement.
This is because the significant safety improvements facilitate the
significant simplifications in the proposal. Without the safety
enhancements, the amount of simplification would be limited. If the FAA
proposed only the safety enhancements, the resulting cost would be
difficult to quantitatively balance against the resulting safety
improvement. The proposal intends to achieve a significant reduction in
costs and simplify the requirements, while substantively improving
safety.
The FAA expects this proposal would not result in a significant
economic impact on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this proposed rule and
determined that it does not exclude imports that meet the safety
objective. As a result, this proposed rule is not considered as
creating an unnecessary obstacle to foreign commerce.
The proposed rule would impose the same costs and cost savings on
domestic and international manufacturers selling airplanes to airlines
that wish to operate within the United States because U.S.-registered
transport category airplanes must comply with part 25 in order to be
operated within the United States.
Therefore, the same cost relief would accrue to all manufacturers
selling airplanes to airlines operating within the U.S. However, the
effect this proposed rule would have on sales of domestically produced
airplanes relative to airplanes produced by foreign companies to
airlines operating abroad and not in the U.S. might be either an
advantage due to cost savings or a disadvantage due to increased costs,
depending on the standards to which foreign airplanes are manufactured.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or Tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $177,000,000 or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
[[Page 55947]]
This proposed rule does not contain such a mandate; therefore, the
requirements of title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there would be no new requirement for information collection associated
with the previously published NPRM or this SNPRM.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6 and involves no extraordinary
circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would not have a substantial direct effect
on the States, or the relationship between the Federal Government and
the States, or on the distribution of power and responsibilities among
the various levels of government, and, therefore, would not have
federalism implications.
B. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Consistent with Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments,\22\ and FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures,\23\ the FAA ensures that Federally Recognized Tribes
(Tribes) are given the opportunity to provide meaningful and timely
input regarding proposed Federal actions that have the potential to
affect uniquely or significantly their respective Tribes. At this
point, the FAA has not identified any unique or significant effects,
environmental or otherwise, on Tribes resulting from this proposed
rule.
---------------------------------------------------------------------------
\22\ 65 FR 67249 (Nov. 6, 2000).
\23\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
D. International Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
Proprietary or Confidential Business Information: Do not file
proprietary or confidential business information in the docket. Such
information must be sent or delivered directly to the person identified
in the FOR FURTHER INFORMATION CONTACT section of this document, and
marked as proprietary or confidential. If submitting information on a
disk or CD ROM, mark the outside of the disk or CD ROM, and identify
electronically within the disk or CD ROM the specific information that
is proprietary or confidential.
Under 14 CFR 11.35(b), if the FAA is aware of proprietary
information filed with a comment, the agency does not place it in the
docket. It is held in a separate file to which the public does not have
access, and the FAA places a note in the docket that it has received
it. If the FAA receives a request to examine or copy this information,
it treats it as any other request under the Freedom of Information Act
(5 U.S.C. 552). The FAA processes such a request under Department of
Transportation procedures found in 49 CFR part 7.
B. Availability of Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the internet--
1. Search the Federal eRulemaking Portal (www.regulations.gov);
2. Visit the FAA's Regulations and Policies web page at
www.faa.gov/regulations_policies/; or
3. Access the Government Printing Office's web page at
www.GovInfo.gov.
Copies may also be obtained by sending a request (identified by
notice or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW, Washington, DC 20591, or by calling (202) 267-9680.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the internet through the Federal eRulemaking Portal referenced in item
(1) above.
[[Page 55948]]
List of Subjects
14 CFR Part 25
Aircraft, Aviation safety, Navigation (air), Reporting and
recordkeeping requirements.
14 CFR Part 27
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 29
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 91
Afghanistan, Agriculture, Air carriers, Air taxis, Air traffic
control, Aircraft, Airmen, Airports, Alaska, Aviation safety, Canada,
Charter flights, Cuba, Drug traffic control, Ethiopia, Freight, Iraq,
Libya, Mexico, Noise control, North Korea, Political candidates,
Reporting and recordkeeping requirements, Security measures, Somalia,
Syria, Transportation, Yugoslavia.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation Safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation Safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR as follows:
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
0
1. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702 and
44704.
0
2. Amend Special Federal Aviation Regulation No. 109 to part 25 by
revising paragraphs 12 and 14(e) to read as follows:
Special Federal Aviation Regulation No. 109
* * * * *
12. Materials for Compartment Interiors. An applicant must comply
with the applicable provisions of Sec. 25.853, except that
demonstration of compliance with Sec. 25.853(d)(2) is not required if
the applicant can show by test, or a combination of test and analysis,
that the maximum time for evacuation of all occupants does not exceed
45 seconds under the conditions specified in appendix J to part 25.
* * * * *
14. * * *
(e) The surfaces of the galley surrounding the cooktop that would
be exposed to a fire on the cooktop surface or in cookware on the
cooktop must be constructed of materials that comply with the
flammability requirements of Sec. 25.853(c)(2)(ii). This requirement
is in addition to the flammability requirements typically required of
the materials in these galley surfaces. During the selection of these
materials, an applicant must account for the flammability
characteristics of the materials to ensure these characteristics will
not be adversely affected by the use of cleaning agents and utensils
used to remove cooking stains.
* * * * *
0
3. Revise Sec. 25.853 to read as follows:
Sec. 25.853 Interior parts and components fire protection.
(a) Each airplane part, component, and assembly must protect the
airplane and its occupants from in-flight and post-crash fire threats.
For the purposes of this section an airplane part, component, or
assembly is one that is located within, and including, the fuselage.
(b) Except as provided in paragraph (e) of this section, an
applicant must conduct tests to show compliance with paragraphs (c) and
(d) of this section. Except as provided in paragraph (c)(1)(ii) of this
section, for any tests used to show compliance, the applicant must use
a minimum of three specimen sets.
(c) In-flight requirements. During an in-flight fire, the
flammability characteristics of each part, component, and assembly must
not present a hazard to the occupants and must not prevent the
continued safe flight and landing of the airplane.
(1) Accessible areas.
(i) Each part, component, and assembly that is accessible to the
flightcrew during flight must be self-extinguishing when exposed to a
small flame.
(ii) Each receptacle used for the disposal of flammable waste
material must be fully enclosed, constructed of materials that resist
penetration from a small ignition source, and must contain fires likely
to occur in it under normal use. At least one test must show the
capability of the receptacle to contain those fires under all probable
conditions of wear, misalignment, and ventilation expected in service.
(iii) Each ceiling and sidewall liner of a Class B cargo
compartment must resist penetration by a small flame.
(2) Inaccessible areas.
(i) Each extensively used airplane part, component, and assembly
that is not accessible to the flightcrew during flight but that could
be subjected to an in-flight fire must not propagate the largest fire
that, by itself, would not be a hazard to the airplane.
(ii) Each ceiling and sidewall liner of a Class F cargo
compartment, if installed to meet the requirements of Sec.
25.855(b)(2), and of a Class C cargo compartment must resist
penetration by a fire within that compartment and must protect the
airplane's structure and critical systems from the effects of that
fire.
(iii) Each ceiling and sidewall liner of a Class E cargo
compartment must resist penetration by a fire within that compartment
and must protect the airplane's structure and critical systems from the
effects of that fire, unless the design provides a means other than a
liner that protects the airplane's structure and critical systems from
the effects of that fire.
(iv) The floor liner of any class of cargo compartment, and any
ceiling and sidewall liner of a Class E cargo compartment, must resist
penetration by a small flame.
(v) All other parts, components, and assemblies that are not
accessible by the flightcrew during flight must be self-extinguishing
when exposed to a small flame or electrical arc.
(d) Post-crash requirements. During a post-crash fuel fire, the
flammability characteristics of each part, component, and assembly must
maintain survivable cabin conditions for enough time to allow
evacuation.
(1) For airplanes with a passenger capacity of 19 or less, each
large surface in the passenger cabin must be self-extinguishing when
exposed to a small flame for at least 60 seconds.
(2) For airplanes with a passenger capacity of 20 or more, each
large surface in the passenger cabin must resist involvement in a post-
crash fuel fire that has entered the fuselage, except:
(i) A large surface, no part of which is more than 15'' above the
floor, need not comply with paragraph (d)(2) of this section if it is
located in such a manner that it would not be directly exposed to the
effects of a post-crash fuel fire.
[[Page 55949]]
(ii) A large surface in the interior of a compartment other than a
cargo or baggage compartment need not comply with paragraph (d)(2) of
this section if the interior of the compartment is isolated from the
main passenger cabin by doors or equivalent means that would normally
be closed during taxi, takeoff, and landing.
(3) Each cushion used to support the occupant of a seat or berth
must resist involvement in a post-crash fuel fire that has entered the
airplane, and must not propagate that fire.
(4) In addition to resisting involvement in a post-crash fuel fire
that has entered the airplane, each flammable metal must be readily
extinguishable.
(5) The design must ensure the continued function of all escape
systems when those systems are exposed to the effects of radiant heat
from a post-crash fuel fire.
(e) Exceptions. A part, component, and assembly does not require
testing to meet the requirements specified in paragraph (c) or (d) of
this section if it meets the criteria of at least one of the following
classes:
(1) Class 1. Parts, components, and assemblies that would each fit
within a cube measuring two inches on each side and are sufficiently
separated from the same type of part, component, or assembly such that
collectively they will not propagate a fire.
(2) Class 2. Parts, components, and assemblies that are not
extensively used, are made from materials that are self-extinguishing,
do not individually exceed a volume of 113 cubic inches, have an
exposed surface area not exceeding 200 square inches, and do not
propagate a flame vertically.
(3) Class 3. Parts, components, and assemblies that applicants can
show, through a method acceptable to the Administrator, are a size,
construction, or location that their flammability characteristics do
not threaten the airplane or its occupants.
(4) Class 4. Parts, components, and assemblies that are essential
to the safety of the airplane, its occupants, or the functionality of
the airplane and cannot reasonably be constructed of a less flammable
material without compromising the integrity or functionality of that
part, component, or assembly.
(5) Class 5. Parts, components, and assemblies that have
successfully met one or more of the alternate requirements, including
any applicable conditions, set forth in appendix F to part 25.
(f) Smoking.
(1) Smoking is not allowed in lavatories. If smoking is 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.
(2) Regardless of whether smoking is allowed in any other part of
the airplane, lavatories must have self-contained, removable ashtrays
located conspicuously on or near the entry side of each lavatory door,
except that one ashtray may serve more than one lavatory door if the
ashtray can be seen readily from the cabin side of each lavatory
served.
0
4. Amend Sec. 25.855 by revising paragraphs (c) and (d) to read as
follows:
Sec. 25.855 Cargo or baggage compartments.
* * * * *
(c) Cargo compartment liners must comply with the applicable
provisions of Sec. 25.853.
(d) All other materials used in the construction of the cargo or
baggage compartment, other than material located entirely within a
Class C cargo or baggage compartment, must be self-extinguishing when
exposed to a small flame.
* * * * *
0
5. Revise Sec. 25.856 to read as follows:
Sec. 25.856 Thermal/Acoustic insulation materials.
(a) All thermal/acoustic insulation material installed in
inaccessible areas of the fuselage must comply with Sec.
25.853(c)(2)(i) unless it qualifies for one of the exceptions in Sec.
25.853(e).
(b) For airplanes with a passenger capacity of 20 or more, all
thermal/acoustic insulation materials installed in the lower half of
the airplane fuselage must resist penetration of a post-crash fuel fire
and provide a minimum of 5 minutes survivability in the occupied
portions of the airplane, unless the applicant provides an equivalent
means of post-crash fire penetration protection. This requirement does
not apply to thermal/acoustic insulation installations that the
Administrator finds would not contribute to fire penetration
resistance. For the purposes of this paragraph, thermal/acoustic
insulation materials include the means of fastening the materials to
the fuselage.
0
6. Amend Sec. 25.1713 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 25.171 3 Fire protection: EWIS.
* * * * *
(c) All insulation on electrical wire and electrical cable, and all
materials used to provide additional protection for that wire and
cable:
(1) If installed in any area outside of the fuselage, must not
propagate the largest fire that, by itself, would not be a hazard to
the airplane, and
(2) If installed in any area within the fuselage, must meet the
requirements of Sec. 25.853(c), unless it meets the requirements of
paragraph (c)(1) of this section.
(d) To show compliance with paragraph (c) of this section, an
applicant must conduct tests, unless the applicant can show that the
insulation and materials are of a size, location, and quantity that
their flammability characteristics do not threaten the airplane or its
occupants. For any tests used to show compliance, the applicant must
use a minimum of three specimen sets.
0
7. Revise appendix F to part 25 to read as follows:
Appendix F to Part 25--Flammability Test Hierarchy
Applicants may substitute compliance with the standards in the
first row of the table below by meeting the standards in the first
column, as indicated at the appropriate intersection, subject to the
noted conditions:
[[Page 55950]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Standard
--------------------------------------------------------------------------------------------------------------------------
In-flight cargo
In-flight Post-crash <20; In-flight cargo In-flight liner fire
Substitution accessible; small small ignition liner; small flame inaccessible; fire penetration Seat cushion fire
flame resistance resistance Sec. penetration propagation Sec. resistance Sec. resistance Sec.
Sec. 25.853 25.853 (d)(1) resistance Sec. 25.853 (c)(2)(i) 25.853 (c)(2)(ii)/ 25.853 (d)(3)
(c)(1)(i) 25.853 (c)(1)(iii) (iii)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Post-crash <20; small Yes................ No................. No................. No................ No................ No.
ignition resistance Sec.
25.853(d)(1).
In-flight inaccessible; fire Yes................ Yes................ No................. No................ No................ No.
propagation Sec.
25.853(c)(2)(i).
Post-crash >=20; large Yes................ Yes................ No................. Note 1............ No................ Note 2.
surface fire resistance Sec.
25.853(d)(2).
Seat cushion fire resistance Yes................ Yes................ No................. No................ No................ No.
Sec. 25.853(d)(3).
Post-crash >=20; fire Yes................ Yes................ Yes................ No................ Yes............... No.
penetration resistance Sec.
25.853(b)(2).
In-flight cargo liner fire Yes................ Yes................ Yes................ Note 3............ No................ No.
penetration resistance Sec.
25.853(c)(2)(ii)/(iii).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ When the facesheet on the back (inaccessible) side of the large surface is of the same material system as the facesheet on the front side.
\2\ When the cushion does not directly support the occupant and can be tested in its actual thickness.
\3\ When the back side of the liner is made from glass fiber reinforced epoxy and phenolic resin.
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
0
8. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.
0
9. Amend Sec. 27.1365 by revising paragraph (c) to read as follows:
Sec. 27.1365 Electric cables.
* * * * *
(c) Insulation on electrical wire and cable installed in the
rotorcraft must be self-extinguishing when tested in accordance with
appendix F, part I(a)(3), of part 25 of this chapter at amendment 25-
138.
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
0
10. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704.
0
11. Amend Sec. 29.853 by revising paragraphs (a) and (b) to read as
follows:
Sec. 29.853 Compartment interiors.
* * * * *
(a) The materials (including finishes or decorative surfaces
applied to the materials) must meet the following test criteria as
applicable:
(1) Interior ceiling panels, interior wall panels, partitions,
galley structure, large cabinet walls, structural flooring, and
materials used in the construction of stowage compartments (other than
underseat stowage compartments and compartments for stowing small items
such as magazines and maps) must be self-extinguishing when tested
vertically in accordance with the applicable portions of appendix F to
part 25 of this chapter at amendment 25-138, or other approved
equivalent methods.
(2) Floor covering, textiles (including draperies and upholstery),
seat cushions, padding, decorative and non-decorative coated fabrics,
leather, trays and galley furnishings, electrical conduit, thermal and
acoustical insulation and insulation covering, air ducting joint and
edge covering, cargo compartment liners, insulation blankets, cargo
covers, and transparencies, molded and thermoformed parts, air ducting
joints, and trim strips (decorative and chafing) that are constructed
of materials not covered in paragraph (a)(3) of this section, must be
self-extinguishing when tested vertically in accordance with the
applicable portion of appendix F to part 25 of this chapter at
amendment 25-138, or other approved equivalent methods.
(3) Acrylic windows and signs, parts constructed in whole or in
part of elasto-metric materials, edge lighted instrument assemblies
consisting of two or more instruments in a common housing, seat belts,
shoulder harnesses, and cargo and baggage tiedown equipment, including
containers, bins, pallets, etc., used in passenger or crew
compartments, may not have an average burn rate greater than 2.5 inches
per minute when tested horizontally in accordance with the applicable
portions of appendix F to part 25 of this chapter at amendment 25-138,
or other equivalent methods that the Administrator approves.
(4) Except for electrical wire and cable insulation, and for small
parts (such as knobs, handles, rollers, fasteners, clips, grommets, rub
strips, pulleys, and small electrical parts) that the Administrator
finds would not contribute significantly to the propagation of a fire,
materials in items not specified in paragraph (a)(1), (2), or (3) of
this section may not have a burn rate greater than 4 inches per minute
when tested horizontally in accordance with the applicable portions of
appendix F to part 25 of this chapter at amendment 25-138, or other
equivalent methods that the Administrator approves.
(b) In addition to meeting the requirements of paragraph (a)(2) of
this section, seat cushions, except those on flight crewmember seats,
must meet the test requirements of part II of appendix F to part 25 of
this chapter at amendment 25-138, or equivalent.
* * * * *
0
12. Amend Sec. 29.1359 by revising paragraph (c) to read as follows:
Sec. 29.1359 Electrical system fire and smoke protection.
* * * * *
(c) Insulation on electrical wire and cable installed in the
rotorcraft must be self-extinguishing when tested in accordance with
appendix F, part I(a)(3), of part 25 of this chapter at amendment 25-
138.
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
13. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105,
40113, 40120, 44101, 44111,
[[Page 55951]]
44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722,
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,
47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note);
articles 12 and 29 of the Convention on International Civil Aviation
(61 Stat. 1180), (126 Stat. 11).
0
14. Amend Sec. 91.613 by revising paragraphs (b)(1) introductory text
and (b)(2) to read as follows:
Sec. 91.613 Materials for compartment interiors.
* * * * *
(b) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
15. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95, 126 Stat 62 (49 U.S.C. 44732
note); Pub. L. 115-254; 132 Stat. 3186 (49. U.S.C. 44701 note).
0
16. Amend Sec. 121.312 by revising paragraphs (b) introductory text,
(e)(1) introductory text, and paragraphs (e)(2) and (3) to read as
follows:
Sec. 121.312 Materials for compartment interiors.
* * * * *
(b) Seat cushions. Seat cushions, except those on flight crewmember
seats, in each compartment occupied by crew or passengers, must comply
with the requirements pertaining to seat cushions in Sec. 25.853(c)
effective on November 26, 1984, or in Sec. 25.853(d) effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended, on each
airplane as follows:
* * * * *
(e) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
(3) For airplanes with a passenger capacity of 20 or greater,
manufactured after September 2, 2009, thermal/acoustic insulation
materials installed in the lower half of the fuselage must meet the
flame penetration resistance requirements of Sec. 25.856 of this
chapter, effective September 2, 2003 or as subsequently amended. If the
airplane's type design was approved based on a finding of equivalent
level of safety to Sec. 25.856 in accordance with Sec. 21.21(b)(1) of
this chapter, the certificate holder is in compliance with this section
of this part as long as the aircraft conforms to the approved type
design.
0
17. Amend Sec. 121.314 by revising paragraph (a)(2) to read as
follows:
Sec. 121.314 Cargo and baggage compartments.
* * * * *
(a) * * *
(2) Materials that meet the test requirements of part 25, appendix
F, part III of this chapter effective on June 16, 1986, or the test
requirements of Sec. 25.853(c)(2)(ii) of this chapter effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended; or
* * * * *
0
18. Revise appendix L to part 121 to read as follows:
Appendix L to Part 121--Type Certification Regulations Made Previously
Effective
(a) Appendix L lists regulations in this part that require
compliance with standards contained in superseded type certification
regulations that continue to apply to certain transport category
airplanes. The table below sets out citations to the current CFR
section, applicable aircraft, superseded type certification
regulation and applicable time periods, and the CFR edition and
Federal Register documents where the regulation having prior effect
is found. Copies of all superseded regulations may be obtained at
the Federal Aviation Administration Law Library, Room 924, 800
Independence Avenue SW, Washington, DC.
------------------------------------------------------------------------
Applicable Provisions: CFR/FR
Part 121 section aircraft references
------------------------------------------------------------------------
Sec. 121.312(a)(1)(i)....... Transport Heat release rate
category; or testing. 14 CFR
nontransport 25.853(d)(2)
category type effective [effective
certificated date of final rule]:
before January 14 CFR parts 1 to
1, 1965; 59, Revised as of
passenger January 1, [Federal
capacity of 20 Register revision
or more; year], and amended
manufactured by Amdt. [amendment
prior to August level and Federal
20, 1990. Register citation
and publication date
of final rule].
Formerly 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective August 20,
1986: 14 CFR parts 1
to 59, Revised as of
January 1, 1986.
[[Page 55952]]
Sec. 121.312(a)(1)(ii)...... Transport Heat release rate
category; or testing. 14 CFR
nontransport 25.853(d)(2)
category type effective [effective
certificated date of final rule]:
before January 14 CFR parts 1 to
1, 1965; 59, Revised as of
passenger January 1, [Federal
capacity of 20 Register revision
or more; year], and amended
manufactured by Amdt. [amendment
after August 19, level and Federal
1990. Register citation
and publication date
of the final rule].
Formerly 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Smoke testing. 14 CFR
25.853(d) effective
March 6, 1995: 14
CFR parts 1 to 59,
Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Sec. 121.312(a)(2)(i)....... Transport Provisions of 14 CFR
category; or 25.853 in effect on
nontransport April 30, 1972: 14
category type CFR parts 1 to 59,
certificate Revised as of
before January January 1, 1972.
1, 1965;
application for
type certificate
filed prior to
May 1, 1972;
substantially
complete
replacement of
cabin interior
on or after May
1, 1972.
Sec. 121.312(a)(3)(i)....... Transport Heat release rate
category type testing. 14 CFR
certificated 25.853(d) in effect
after January 1, March 6, 1995: 14
1958; CFR parts 1 to 59,
nontransport Revised as of
category type January 1, 1995; and
certificated amended by Amdt. 25-
after January 1, 83, 60 FR 6623,
1958, but before February 2, 1995.
January 1, 1965; Formerly 14 CFR
passenger 25.853(a-1) in
capacity of 20 effect August 20,
or more; 1986: 14 CFR parts 1
substantially to 59, Revised as of
complete January 1, 1986.
replacement of
the cabin
interior on or
after March 6,
1995.
Sec. 121.312(a)(3)(ii)...... Transport Heat release rate
category type testing. 14 CFR
certificated 25.853(d)(2)
after January 1, effective [effective
1958; date of the final
nontransport rule]: 14 CFR parts
category type 1 to 59, Revised as
certificated of January 1,
after January 1, [Federal Register
1958, but before revision year], and
January 1, 1965; amended by Amdt.
passenger [amendment level and
capacity of 20 Federal Register
or more; citation and
substantially publication date of
complete the final rule].
replacement of Formerly 14 CFR
the cabin 25.853(d) effective
interior on or March 6, 1995: 14
after August 20, CFR parts 1 to 59,
1990. Revised as of
January 1, 1995, and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Smoke testing. 14 CFR
25.853(d) effective
March 6, 1995; 14
CFR parts 1 to 59,
Revised as of
January 1, 1995; and
amended by Amdt. 25-
83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a-1)
effective September
26, 1988: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1988, and
amended by Amdt. 25-
66, 53 FR 32584,
August 25, 1988.
Sec. 121.312(b)(1) and (2).. Transport Seat cushions. 14 CFR
category 25.853(d)(3)
airplane type effective [effective
certificated date of the final
after January 1, rule]: 14 CFR parts
1958; 1 to 59, Revised as
nontransport of January 1,
category [Federal Register
airplane type revision year], and
certificated amended by Amdt.
after December [amendment level and
31, 1964. Federal Register
citation and
publication date of
the final rule].
Formerly 14 CFR
25.853(c) effective
November 26, 1984:
14 CFR parts 1 to
59, Revised as of
January 1, 1984, and
amended by Amdt. 25-
59, 49 FR 43188,
October 26, 1984.
Sec. 121.312(c)............. Airplane type Compartment interior
certificated in requirements. 14 CFR
accordance with 25.853(a) in effect
SFAR No. 41; March 6, 1995: 14
maximum CFR parts 1 to 59,
certificated Revised as of
takeoff weight January 1, 1995, and
in excess of amended by Amdt. 25-
12,500 pounds. 83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR
25.853(a), (b-1), (b-
2), and (b-3) in
effect on September
26, 1978: 14 CFR
parts 1 to 59,
Revised as of
January 1, 1978.
Sec. 121.314(a)............. Transport Class C or D cargo or
category baggage compartment
airplanes type definition. 14 CFR
certificated 25.853(c)(2)(ii)
after January 1, effective [the
1958. effective date of
the final rule]
(part III of
appendix F no longer
exists): 14 CFR
parts 1 to 59,
Revised as of
January 1, [Federal
Register revision
year], and amended
by Amdt. [amendment
level and Federal
Register citation
and publication date
of the final rule].
Formerly 14 CFR
25.857 effective
June 16, 1986, 14
CFR parts 1 to 59,
Revised January 1,
1997, and amended by
Amdt. 25-60, 51 FR
18243, May 16, 1986.
------------------------------------------------------------------------
[[Page 55953]]
(b) For the purposes of compliance with the sections of 14 CFR
part 25 referenced in the table in paragraph (a) of this appendix,
findings of equivalent level of safety in accordance with Sec.
21.21(b)(1) of this chapter are considered to satisfy the referenced
requirement.
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
19. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.
0
20. Amend Sec. 125.113 by revising paragraphs (c)(1) introductory text
and paragraph (c)(2) to read as follows:
Sec. 125.113 Cabin interiors.
* * * * *
(c) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
21. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 41706, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
22. Amend Sec. 135.169 by revising paragraph (d)(1)(ii) to read as
follows:
Sec. 135.169 Additional airworthiness requirements.
* * * * *
(d) * * *
(1) * * *
(ii) Materials that meet the test requirements of part 25, appendix
F, part III of this chapter effective on June 16, 1986, or the test
requirements of Sec. 25.853(c)(2)(ii) of this chapter effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended; or
* * * * *
0
23. Amend Sec. 135.170 by revising paragraphs (b)(2), (c)(1)
introductory text, and paragraph (c)(2) to read as follows:
Sec. 135.170 Materials for compartment interiors.
* * * * *
(b) * * *
(2) For airplanes type certificated after January 1, 1958, seat
cushions, except those on flight crewmember seats, in any compartment
occupied by crew or passengers must comply with the requirements
pertaining to fire protection of seat cushions in Sec. 25.853(c)
effective November 26, 1984, or in Sec. 25.853(d) effective on
[EFFECTIVE DATE OF FINAL RULE] or as subsequently amended.
(c) * * *
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended, if it is:
* * * * *
(2) For airplanes manufactured after September 2, 2005, thermal/
acoustic insulation materials installed in the fuselage must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003 or as subsequently amended.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC.
Lirio Liu,
Executive Director, Aircraft Certification Service.
[FR Doc. 2023-16877 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P