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35511

Rules and Regulations Federal Register


Vol. 70, No. 118

Tuesday, June 21, 2005

This section of the FEDERAL REGISTER duplicate to the Regional Counsel at the Aircraft Industries Model A500 airplane
contains regulatory documents having general above address. Comments must be for the installation of an AMSAFE four-
applicability and legal effect, most of which marked: CE225. Comments may be point safety belt restraint system
are keyed to and codified in the Code of inspected in the Rules Docket incorporating an inflatable airbag for the
Federal Regulations, which is published under weekdays, except Federal holidays, pilot and co-pilot seats. The Adam
50 titles pursuant to 44 U.S.C. 1510.
between 7:30 a.m. and 4 p.m. Model A500 is a twin engine, six-place
The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: Mr. airplane, currently approved under
the Superintendent of Documents. Prices of Mark James, Federal Aviation Type Certificate No. A00009DE.
new books are listed in the first FEDERAL Administration, Aircraft Certification The inflatable restraint system is four-
REGISTER issue of each week. Service, Small Airplane Directorate, point safety belt restraint system
ACE–111, 901 Locust, Kansas City, consisting of a lap belt and dual
Missouri, 816–329–4137, fax 816–329– shoulder harnesses. An inflatable airbag
DEPARTMENT OF TRANSPORTATION 4090, e-mail mark.james@faa.gov. is attached to one of the shoulder
SUPPLEMENTARY INFORMATION: The FAA harnesses, and the other shoulder
Federal Aviation Administration harness is of conventional construction.
has determined that notice and
opportunity for prior public comment is The inflatable portion of the restraint
14 CFR Part 23 system will rely on sensors to
impractical because these procedures
[Docket No. CE225; Special Conditions No. would significantly delay issuance of electronically activate the inflator for
23–165–SC] deployment. The inflatable restraint
approval and thus delivery of the
affected aircraft. In addition, the system will be installed on both the
Special Conditions: AMSAFE, pilot and co-pilot seats.
Incorporated; Adam Aircraft Industries substance of these special conditions
has been subject to the public comment In the event of an emergency landing,
Model A500; Inflatable Four-Point the airbag will inflate and provide a
Restraint Safety Belt With an process in several prior instances with
no substantive comments received. The protective cushion between the
Integrated Airbag Device occupant’s head and structure within
FAA, therefore, finds that good cause
AGENCY: Federal Aviation exists for making these special the airplane. This will reduce the
Administration (FAA), DOT. conditions effective upon issuance. potential for head and torso injury. The
ACTION: Final special conditions; request inflatable restraint behaves in a manner
for comments. Comments Invited that is similar to an automotive airbag,
Interested persons are invited to but, in this case, the airbag is integrated
SUMMARY: These special conditions are submit such written data, views or into one of the shoulder harnesses.
issued to AMSAFE, Inc. for the arguments, as they may desire. While airbags and inflatable restraints
installation of an AMSAFE, Inc., Communications should identify the are standard in the automotive industry,
Inflatable Four-Point Restraint Safety regulatory docket or special condition the use of an inflatable four-point
Belt with an Integrated Airbag Device on number and be submitted in duplicate restraint system is novel for general
the Adam Model A500. These airplanes, to the address specified above. All aviation operations.
as modified by the installation of this communications received on or before The FAA has determined that this
Inflatable Safety Belt, will have novel the closing date for comments will be project will be accomplished on the
and unusual design features associated considered by the Administrator. The basis of providing the same current level
with the upper-torso restraint portions special conditions may be changed in of safety of the Adam Aircraft Industries
of the four-point safety belt, which light of the comments received. All Model A500 occupant restraint systems.
contains an integrated airbag device. comments received will be available in The FAA has two primary safety
The applicable airworthiness the Rules Docket for examination by concerns with the installation of airbags
regulations do not contain adequate or interested persons, both before and after or inflatable restraints:
appropriate safety standards for this the closing date for comments. A report • That they perform properly under
design feature. These special conditions summarizing each substantive public foreseeable operating conditions; and
contain the additional safety standards contact with FAA personnel concerning • That they do not perform in a
that the Administrator considers this rulemaking will be filed in the manner or at such times as to impede
necessary to establish a level of safety docket. Commenters wishing the FAA to the pilot’s ability to maintain control of
equivalent to that established by the acknowledge receipt of their comments the airplane or constitute a hazard to the
existing airworthiness standards. submitted in response to this notice airplane or occupants.
DATES: The effective date of these must include a self-addressed, stamped The latter point has the potential to be
special conditions is June 8, 2005. postcard on which the following the more rigorous of the requirements.
Comments must be received on or statement is made: ‘‘Comments to An unexpected deployment while
before July 21, 2005. CE225.’’ The postcard will be date conducting the takeoff or landing phases
ADDRESSES: Comments on these special stamped and returned to the of flight may result in an unsafe
conditions may be mailed in duplicate commenter. condition. The unexpected deployment
to: Federal Aviation Administration may either startle the pilot or generate
(FAA), Regional Counsel, ACE–7, Background a force sufficient to cause a sudden
Attention: Rules Docket, Docket No. On May 24, 2005, Adam Aircraft movement of the control yoke. Either
CE225, 901 Locust, Room 506, Kansas Industries applied for a type design action could result in a loss of control
City, Missouri 64106, or delivered in change, to include the new Adam of the airplane, the consequences of

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35512 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations

which are magnified due to the low restraint system must show that it will quantities of gas or particulate matter
operating altitudes during these phases offer an equivalent level of protection in into the cockpit.
of flight. The FAA has considered this the event of an emergency landing. In An inflatable restraint should not
when establishing these special the event of an inadvertent deployment, increase the risk already associated with
conditions. the restraint must still be at least as fire. Therefore, the inflatable restraint
The inflatable restraint system relies strong as a Technical Standard Order should be protected from the effects of
on sensors to electronically activate the approved belt and shoulder harnesses. fire, so that an additional hazard is not
inflator for deployment. These sensors There is no requirement for the created by, for example, a rupture of the
could be susceptible to inadvertent inflatable portion of the restraint to offer inflator.
activation, causing deployment in a protection during multiple impacts, Finally, the airbag is likely to have a
potentially unsafe manner. The where more than one impact would large volume displacement, and
consequences of an inadvertent require protection. possibly impede the egress of an
deployment must be considered in The inflatable restraint system must occupant. Since the bag deflates to
establishing the reliability of the system. deploy and provide protection for each absorb energy, it is likely that the
Adam Aircraft Industries must show occupant under a crash condition. The inflatable restraint would be deflated at
that the effects of an inadvertent seats of the model A500 are certificated the time an occupant would attempt
deployment in flight are not a hazard to to the structural requirements of egress. However, it is appropriate to
the airplane or that an inadvertent § 23.562. Therefore, the test crash pulses specify a time interval after which the
deployment is extremely improbable. In identified in § 23.562 must be used to inflatable restraint may not impede
addition, general aviation aircraft are satisfy this requirement. rapid egress. Ten seconds has been
susceptible to a large amount of It is possible a wide range of chosen as a reasonable time. This time
cumulative wear and tear on a restraint occupants will use the inflatable limit will offer a level of protection
system. It is likely that the potential for restraint. Thus, the protection offered by throughout the impact event.
inadvertent deployment increases as a this restraint should be effective for
result of this cumulative damage. occupants that range from the fifth Type Certification Basis
Therefore, the impact of wear and tear percentile female to the ninety-fifth Under the provisions of § 21.101,
on inadvertent deployment must be percentile male. Energy absorption must Adam Aircraft Industries, must show
considered. Due to the effects of this be performed in a consistent manner for that the Adam Aircraft Model A500, as
cumulative damage, a life limit must be this occupant range. changed, continues to meet the
established for the appropriate system In support of this operational applicable provisions of the regulations
components in the restraint system capability, there must be a means to incorporated by reference in Type
design. verify the integrity of this system before Certificate No. A00009DE or the
There are additional factors to be each flight. As an option, AMSAFE, applicable regulations in effect on the
considered to minimize the chances of Inc., can establish inspection intervals date of application for the change. The
inadvertent deployment. General where they have demonstrated the regulations incorporated by reference in
aviation airplanes are exposed to a system to be reliable between these the type certificate are commonly
unique operating environment, since the intervals. referred to as the ‘‘original type
same airplane may be used by both It is possible that an inflatable certification basis.’’ The regulations
experienced and student pilots. The restraint will be ‘‘armed’’ even though incorporated by reference in Type
effect of this environment on no occupant is using the seat. While Certificate No. A00009DE are as follows:
inadvertent deployment must be there will be means to verify the Adam A500: Title 14, Code of Federal
understood. Therefore, qualification integrity of the system before flight, it is Regulations, Part 23, dated February 1,
testing of the firing hardware/software also prudent to require that unoccupied 1965, as amended by Amendment 23–1
must consider the following: seats with active restraints not through 23–55.
• The airplane vibration levels constitute a hazard to any occupant. For the model listed above, the
appropriate for a general aviation This will protect any individual certification basis also includes all
airplane; and performing maintenance inside the exemptions, if any; equivalent level of
• The inertial loads that result from cockpit while the aircraft is on the safety findings, if any; and special
typical flight or ground maneuvers, ground. The restraint must also provide conditions not relevant to the special
including gusts and hard landings. suitable visual warnings that would conditions adopted by this rulemaking
Any tendency for the firing alert rescue personnel to the presence of action.
mechanism to activate as a result of an inflatable restraint system. The Administrator has determined
these loads or acceleration levels is In addition, the design must prevent that the applicable airworthiness
unacceptable. the inflatable seatbelt from being regulations (i.e., part 23 as amended) do
Other influences on inadvertent incorrectly buckled and/or installed not contain adequate or appropriate
deployment include high intensity such that the airbag would not properly safety standards for the AMSAFE, Inc.,
electromagnetic fields (HIRF) and deploy. As an alternative, Adam Aircraft inflatable restraint, as installed on this
lightning. Since the sensors that trigger Industries may show that such Adam Aircraft Industries model because
deployment are electronic, they must be deployment is not hazardous to the of a novel or unusual design feature.
protected from the effects of these occupant and will still provide the Therefore, special conditions are
threats. To comply with HIRF and required protection. prescribed under the provisions of
lightning requirements, the AMSAFE, The cabins of the Adam Model A500 § 21.16.
Inc., inflatable restraint system is airplanes identified in these special Special conditions, as appropriate, as
considered a critical system, since its conditions are confined areas, and the defined in § 11.19, are issued in
inadvertent deployment could have a FAA is concerned that noxious gases accordance with § 11.38, and become
hazardous effect on the airplane. may accumulate in the event of airbag part of the type certification basis in
Given the level of safety of the current deployment. When deployment does accordance with § 21.101.
Adam Aircraft Industries Model A500 occur, either by design or inadvertently, Special conditions are initially
occupant restraints, the inflatable there must not be a release of hazardous applicable to the model for which they

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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations 35513

are issued. Should the applicant apply not a rule of general applicability, and of protection must take into
for a supplemental type certificate to it affects only the applicant who applied consideration a range of stature from a
modify any other model included on the to the FAA for approval of these features 5th percentile female to a 95th
same type certificate to incorporate the on the airplane. percentile male. The inflatable restraint
same novel or unusual design feature, Under standard practice, the effective must provide a consistent approach to
the special conditions would also apply date of final special conditions would energy absorption throughout that
to that model under the provisions of be 30 days after the date of publication range.
§ 21.101. in the Federal Register; however, the 2. The inflatable restraint must
substance of these special conditions provide adequate protection for each
Novel or Unusual Design Features
has been subjected to the notice and occupant. In addition, unoccupied seats
The Adam Aircraft Industries Model comment period in several prior that have an active restraint must not
A500 will incorporate the following instances and has been derived without constitute a hazard to any occupant.
novel or unusual design feature: substantive change from those 3. The design must prevent the
The AMSAFE, Inc., Four-Point Safety previously issued. It is unlikely that inflatable restraint from being
Belt Restraint System incorporating an prior public comment would result in a incorrectly buckled and/or incorrectly
inflatable airbag for the pilot and co- significant change from the substance installed such that the airbag would not
pilot seats. The purpose of the airbag is contained herein. For this reason, and properly deploy. Alternatively, it must
to reduce the potential for injury in the because a delay would significantly be shown that such deployment is not
event of an accident. In a severe impact, affect the certification of the airplane, hazardous to the occupant and will
an airbag will deploy from one shoulder which is imminent, the FAA has provide the required protection.
harness, in a manner similar to an determined that prior public notice and 4. It must be shown that the inflatable
automotive airbag. The airbag will comment are unnecessary and restraint system is not susceptible to
deploy between the head of the impracticable, and good cause exists for inadvertent deployment as a result of
occupant and airplane interior structure. adopting these special conditions upon wear and tear or the inertial loads
Therefore, this will provide some issuance. The FAA is requesting resulting from in-flight or ground
protection to the head of the occupant. comments to allow interested persons to maneuvers (including gusts and hard
The restraint will rely on sensors to submit views that may not have been landings) that are likely to be
electronically activate the inflator for submitted in response to the prior experienced in service.
deployment. opportunities for comment described 5. It must be extremely improbable for
The Code of Federal Regulations state above. an inadvertent deployment of the
performance criteria for seats and restraint system to occur, or an
restraints in an objective manner. List of Subjects in 14 CFR Part 23
inadvertent deployment must not
However, none of these criteria are Aircraft, Aviation safety, Signs and impede the pilot’s ability to maintain
adequate to address the specific issues symbols. control of the airplane or cause an
raised concerning inflatable restraints. unsafe condition (or hazard to the
Therefore, the FAA has determined that, Citation
airplane). In addition, a deployed
in addition to the requirements of part ■ The authority citation for these special inflatable restraint must be at least as
21 and part 23, special conditions are conditions is as follows: strong as a Technical Standard Order
needed to address the installation of this (C114) four-point harness.
inflatable restraint. PART 23—[AMENDED] 6. It must be shown that deployment
Accordingly, these special conditions
Authority: 49 U.S.C. 106(g), 40113 and of the inflatable restraint system is not
are adopted for the Adam Aircraft
44701; 14 CFR 21.16 and 21.101; and 14 CFR hazardous to the occupant and will not
Industries models equipped with the
11.38 and 11.19. result in injuries that could impede
AMSAFE, Inc., four-point inflatable
rapid egress. This assessment should
restraint. Other conditions may be The Special Conditions include occupants whose restraint is
developed, as needed, based on further
The FAA has determined that this loosely fastened.
FAA review and discussions with the
manufacturer and civil aviation project will be accomplished on the 7. It must be shown that an
authorities. basis of not lowering the current level inadvertent deployment that could
of safety of the Adam Aircraft Industries cause injury to a standing or sitting
Applicability Model A500 occupant restraint system. person is improbable. In addition, the
As discussed above, these special Accordingly, pursuant to the authority restraint must also provide suitable
conditions are applicable to the Adam delegated to me by the Administrator, visual warnings that would alert rescue
Aircraft Industries Model A500 the following special conditions are personnel to the presence of an
equipped with the AMSAFE, Inc., four- issued as part of the type certification inflatable restraint system.
point inflatable restraint system. Should basis for these models, as modified by 8. It must be shown that the inflatable
Adam Aircraft Industries, at a later date, AMSAFE, Incorporated. restraint will not impede rapid egress of
request to modify any other model on Inflatable Four-Point Restraint Safety the occupants 10 seconds after its
the Type Certificate identified in these Belt with an Integrated Airbag Device on deployment.
special conditions to incorporate the the Pilot and Copilot Seats of the Adam 9. For the purposes of complying with
same novel or unusual design feature, Aircraft Industries Model A500. HIRF and lightning requirements, the
the special conditions would apply to 1. It must be shown that the inflatable inflatable restraint system is considered
that model as well under the provisions restraint will deploy and will provide a critical system since its deployment
of § 21.101. protection under crash conditions. could have a hazardous effect on the
Compliance will be demonstrated using airplane.
Conclusion the dynamic test condition specified in 10. It must be shown that the
This action affects only certain novel 14 CFR part 23, § 23.562(b)(2). It is not inflatable restraints will not release
or unusual design features on the necessary to account for floor warpage, hazardous quantities of gas or
previously identified Adam model. It is as required by § 23.562(b)(3). The means particulate matter into the cabin.

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35514 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Rules and Regulations

11. The inflatable restraint system AvCraft Dornier Model 328–100 and Transport Airplane Directorate, 1601
installation must be protected from the –300 airplanes. This AD requires Lind Avenue, SW., Renton, Washington
effects of fire such that no hazard to operators to install colored 98055–4056; telephone (425) 227–2125;
occupants will result. identification strips on the pulley fax (425) 227–1149.
12. There must be a means to verify brackets, fairlead bracket assemblies, SUPPLEMENTARY INFORMATION: The FAA
the integrity of the inflatable restraint operational assemblies, and flight proposed to amend 14 CFR part 39 with
activation system before each flight or it control cables. This AD is prompted by an AD for certain AvCraft Dornier
must be demonstrated to reliably a report that the flight control systems Model 328–100 and –300 airplanes.
operate between inspection intervals. do not have elements that are That action, published in the Federal
13. A life limit must be established for distinctively identified. We are issuing Register on April 6, 2005 (70 FR 17370),
appropriate system components. this AD to prevent the incorrect re- proposed to require operators to install
14. Qualification testing of the assembly of the flight control system colored identification strips on the
internal firing mechanism must be during maintenance, which could result pulley brackets, fairlead bracket
performed at vibration levels in reduced controllability of the assemblies, operational assemblies, and
appropriate for a general aviation airplane. flight control cables.
airplane.
DATES: This AD becomes effective July Comments
Issued in Kansas City, Missouri on June 8, 26, 2005.
2005. The incorporation by reference of We provided the public the
John Colomy, certain publications listed in the AD is opportunity to participate in the
Acting Manager, Small Airplane Directorate, approved by the Director of the Federal development of this AD. No comments
Aircraft Certification Service. Register as of July 26, 2005. have been submitted on the proposed
[FR Doc. 05–12148 Filed 6–20–05; 8:45 am] AD or on the determination of the cost
ADDRESSES: For service information
BILLING CODE 4910–13–P to the public.
identified in this AD, contact AvCraft
Aerospace GmbH, P.O. Box 1103, D– Explanation of Change to Applicability
82230 Wessling, Germany. We have revised the applicability of
DEPARTMENT OF TRANSPORTATION
Docket: The AD docket contains the the proposed AD to identify model
Federal Aviation Administration proposed AD, comments, and any final designations as published in the most
disposition. You can examine the AD recent type certificate data sheet for the
14 CFR Part 39 docket on the Internet at http:// affected models.
dms.dot.gov, or in person at the Docket
[Docket No. FAA–2005–20869; Directorate Management Facility office between 9 Conclusion
Identifier 2004–NM–09–AD; Amendment 39– a.m. and 5 p.m., Monday through
14139; AD 2005–13–03] We have carefully reviewed the
Friday, except Federal holidays. The available data and determined that air
RIN 2120–AA64 Docket Management Facility office safety and the public interest require
(telephone (800) 647–5227) is located on adopting the AD with the change
Airworthiness Directives; AvCraft the plaza level of the Nassif Building at described previously. We have
Dornier Model 328–100 and –300 the U.S. Department of Transportation, determined that these changes will
Airplanes 400 Seventh Street SW., room PL–401, neither increase the economic burden
AGENCY: Federal Aviation Washington, DC. This docket number is on any operator nor increase the scope
Administration (FAA), Department of FAA–2005–20869; the directorate of the AD.
Transportation (DOT). identifier for this docket is 2004–NM–
09–AD. Costs of Compliance
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT: Dan The following table provides the
SUMMARY: The FAA is adopting a new Rodina, Aerospace Engineer, estimated costs for U.S. operators to
airworthiness directive (AD) for certain International Branch, ANM–116, FAA, comply with this AD.

ESTIMATED COSTS
Number of
Average
Work Cost per U.S.-
Action labor rate Parts Fleet cost
hours airplane registered
per hour airplanes

Installation ................................................ 16 $65 $291 $1,331 112 $149,072

The following table provides the are subject to the concurrent


estimated costs for operators to comply requirements.
with this AD if they have airplanes that

ESTIMATED COSTS—CONCURRENT REQUIREMENTS


Average Cost per
Concurrent Dornier Service Bulletin Work hours labor rate Parts airplane
per hour

SB–328–27–290 ............................................. 5 $65 Operator Supplied .......................................... $325


SB–328–27–291 ............................................. 5 65 Operator Supplied .......................................... 325
SB–328–27–292 ............................................. 5 65 Operator Supplied .......................................... 325

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