Miscellaneous Cabin Safety Changes

[[Page 38552]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 25 and 121

[Docket No. 28637; Notice No. 96-9]

RIN 2120-AF77

Miscellaneous Cabin Safety Changes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to revise the airworthiness standards

for transport category airplanes relating to flight attendant assist

space, flight attendant assist handles, door hold open features,

outside viewing means, interior compartment doors and portable oxygen

equipment. With one exception, these proposals are not the result of

any specific incident or recommendation, but are part of the Agency's

continuing effort to upgrade the regulations to improve the overall

level of safety in areas where the state-of-the-art and good design

practice have indicated that such upgrades are warranted. These

proposals would result in both new type design regulations as well as

retroactive requirements implemented via the operating rules.

DATES: Comments must be received on or before November 21, 1996.

ADDRESSES: Comments on this notice may be mailed in triplicate to:

Federal Aviation Administration, Office of the Chief Counsel, Attn:

Rules Docket (AGC-200), Docket No. 28637, 800 Independence Avenue SW.,

Washington, DC 20591; or delivered comments in triplicate to: Federal

Aviation Administration, Room 915G, 800 Independence Avenue SW.,

Washington, DC 20591. Comments must be marked Docket No. 28637.

Comments may also be submitted electronically to

[email protected].

Comments may be examined in the Rules Docket weekdays, except

Federal holidays, between 8:30 a.m. and 5 p.m. In addition, the FAA is

maintaining an information docket of comments in the Transport Airplane

Directorate (ANM-100), Federal Aviation Administration, 1601 Lind

Avenue SW, Renton, Washington 98055-4056. Comments in the information

docket may be examined in the Transport Airplane Directorate weekdays,

except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:

Jeffrey C. Gardlin, Regulations Branch, ANM-114, Transport Airplane

Directorate, Aircraft Certification Service, FAA, 1601 Lind Avenue SW,

Renton, Washington 98055-4056; telephone (206) 227-2136.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in this proposed

rulemaking by submitting such written data, views, or arguments as they

may desire. Comments relating to any environmental, energy, federalism,

or economic impacts that might result from adoption of the proposal

contained in this notice are also invited. Substantive comments should

be accompanied by cost estimates. Commenters should identify the

regulatory docket or notice number and submit comments in triplicate to

the Rules Docket address above. All comments received on or before the

closing date for comments will be considered by the Administrator

before taking action on this proposed rulemaking. The proposal

contained in this notice may be changed in light of comments received.

All comments received will be available in the Rules Docket, both

before and after the closing date for comments, for examination by

interested persons. A report summarizing each substantive public

contact with FAA personnel concerning this rulemaking will be filed in

the docket. Persons wishing the FAA to acknowledge receipt of their

comments must submit with those comments a self-addressed, stamped

postcard on which the following statement is made: ``Comments to Docket

No. 28637.'' A postcard will be date/time stamped and returned to the

commenter.

Availability of NPRM

An electronic copy of this document may be downloaded using a modem

and suitable communications software from the FAA regulations section

of the Fedworld electronic bulletin board service (telephone: 703-321-

3339), the Federal Register's electronic bulletin board service

(telephone: 202-512-1661), or the FAA's Aviation Rulemaking Advisory

Committee Bulletin Board service (telephone: 202-267-5948).

Internet users may reach the FAA's web page at http://www.faa.gov

or the Federal Register's web page at http://www.access.gpo.gov/

su__docs for access to recently published rulemaking documents.

Any person may obtain a copy of this NPRM by submitting a request

to the Federal Aviation Administration, Office Rulemaking, ARM-1, 800

Independence Avenue SW., Washington, DC 20591; or by calling (202) 267-

9680. Communications must identify the notice number of this NPRM.

Persons interested in being placed on the mailing list for future

NPRM's should also request a copy of Advisory Circulator No. 11-2A,

Notice of Proposed Rulemaking Distribution System, which describes the

application procedure.

Background

Primarily as a result of accidents during the 1960's, several

amendments (25-15, 25-17, 25-20, and 25-32) to part 25 pertaining to

cabin safety and crashworthiness were enacted. These amendments were

designed to correct certain deficiencies identified during the

investigations of the aforementioned accidents, and were, in many

cases, made retroactive for airplanes already in service. Recent

amendments pertaining to cabin safety have resulted from research and

development in the areas of fire safety and evacuation slide

performance, among others. As a result of the Public Technical

Conference on Evacuation held in Seattle, Washington, in September

1985, several regulatory and advisory actions have been taken by the

FAA to further upgrade standards in the cabin safety area. In a

continuing effort to upgrade these standards the FAA is proposing to

make several additional amendments which would further improve cabin

safety. These proposals are not directly a result of the public

conference but are actions deemed appropriate by the FAA considering

the current state-of-the-art and existing design practice. One of the

proposals follows a National Transportation Safety Board (NTSB)

recommendation. Although nearly all existing installations already

comply, the proposed rulemaking would ensure that any others comply as

well.

Current policy for FAA rulemaking projects is to endeavor to

achieve harmonization with the Joint Airworthiness Authorities (JAA)

and other airworthiness authorities through the Aviation Rulemaking

Advisory Committee (ARAC) and its harmonization working groups. This

rulemaking project has not been the subject of a harmonization working

group activity because it was initiated prior to the time that

harmonization became the policy with the FAA and JAA. The proposals

contained in this notice have, however, been coordinated with the Joint

Aviation Authorities (JAA), during specialist meetings between the FAA

and JAA. The JAA is in agreement with the proposals, but may provide

comments on the detailed regulatory language. The JAA intends to

incorporate these proposals into

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paragraph 25 of the Joint Aviation Requirements (JAR-25) after they are

finalized by the FAA.

Discussion

Section 25.813 requires that each non-overwing exit equipped with

an assist means also have adequate space next to the exit for a flight

attendant to stand and assist occupants while evacuating. The size of

this ``assist space'' is not specified in the regulations. Guidance

material in Civil Aeronautics Manual (CAM) 4b.362-6(b) states that the

assist space should be a 12 x 20-inch rectangle on the floor and be

useable. A rectangle of this size is generally recognized as the

minimum size acceptable for compliance with Sec. 25.813 or its

predecessor Sec. 4b.362(g) of the Civil Air Regulations (CAR).

Deviations are, however, permitted if the efficacy of the assist space

is demonstrated. Demonstrations of a smaller or irregular shaped assist

space usually take place in controlled evacuation tests conducted under

conditions similar to those specified in Appendix J to Part 25 for

emergency evacuation demonstrations. While these demonstrations have

value, they do not account for the potentially adverse conditions

likely to be encountered in service. A minimum size for assist spaces

needs to be established in the regulations to provide more standardized

application of the requirement and give additional margins of safety

under adverse conditions which may be encountered in service.

Service experience, both in tests and actual incidents, indicates

that the assist space recommended in CAM 4b.362-6(b) is adequate;

therefore, this notice proposes to amend Sec. 25.813 to require that

the assist space be a minimum of 12 x 20 inches on the floor with the

12-inch dimension parallel to the exit opening. The current requirement

that the assist space must not obstruct the required passageway would

be retained. The proposal does not specify the location of the assist

space relative to the exit opening, since the best location may vary

from one installation to another. In any case, the assist space should

be located to provide the maximum benefit to evacuation. The minimum

dimensions specified assume that a flight attendant would be able to

stand upright, and installations which do not provide adequate headroom

to enable a 95 percentile male to stand upright would probably need an

increase in the fore and aft dimension of the assist space to provide

the same level of efficacy as a full height installation. (Information

on anthropometry can be found in NASA reference publication 1024,

Anthropometric Source Book Volume I, Anthropometry for Designers.) The

amount of increase required in these instances would be dependent on

the details of the installation and will not be specified in the

regulation.

As proposed, the assist space requirement would apply to all of the

larger exit types (i.e., Types I, II, and A) regardless of whether or

not they are over the wing. Except for Type A exists, the current

regulations do not require an assist space for exits over the wing. The

need for an assist space at these exits is dependent primarily on the

presence of an assist means where the rate of egress is critical.

Future airplane designs, as well as current regulatory activity (Notice

90-4 (55 FR 6344, February 22, 1990)), may make the installation of

overwing floor level exits an attractive option, so it is proposed to

account for their use here. In addition, the current regulations only

require an assist space for the larger exits when there is an assist

means required. For airplanes of relatively small passenger capacity,

service experience indicates that this is a reasonable standard.

However, for airplanes with a larger passenger capacity, an assist

space should be required whether or not an assist means is required.

This proposal would also correct a longstanding editorial error in part

121, that states that assist spaces are required at all Type I or II

exits, regardless of whether or not an assist means is installed.

Therefore, this notice proposes to also require an assist space at all

Type II or larger exits on airplanes with a passenger capacity of 79 or

greater. (If a change proposed in Notice of Proposed Rulemaking 90-4

(55 FR 6344, February 22, 1990) is adopted, this would become 80

passengers in lieu of 79). This includes tailcone exits that are

qualified for 25 additional passenger seats under the provisions of

Sec. 25.807(d)(3)(ii) and are required by Sec. 25.810(a) to have such

assist means, since these can become primary exits under certain

evacuation scenarios and will require the assistance of a flight

attendant to perform at their potential.

Conversely, the current regulations would require an assist space

for a non-floor level, non-overwing exit which incorporates an assist

means. There is at present one airplane with exits that fall into this

category. Given the design difficulties presented by such a design, the

prospects for such exits in the future do not seem likely. Furthermore

the appropriateness of the current standards for such exits appears

questionable (the one example currently in existence was approved by

special conditions). This existing provision in the regulations would,

therefore, be removed by this proposal. In the unlikely event a design

of this nature were proposed, the FAA would develop criteria

appropriate for that design in the form of special conditions.

Most existing installations currently comply with this proposal,

however for the few that do not, the economic penalty for direct

compliance would be quite high. It is also difficult to quantify the

benefit that might be gained from reconfiguring airplanes already

manufactured and placed in service to comply with this proposal;

therefore, no retroactive action is proposed. For newly manufactured

airplanes, the economic burden of compliance is minimal. Therefore, it

is proposed to amend Sec. 121.310(f)(2) to require that the assist

spaces of all airplanes manufactured two years after the effective date

of this amendment comply with these criteria.

One common design feature of large transport airplanes has been an

assist handle to enable flight attendants to steady themselves while

assisting passengers in evacuating. The assist handle can be crucial in

permitting the flight attendant to perform his or her duties

efficiently. This, in turn, can have a direct bearing on the success of

an emergency evacuation. There is, at present, no requirement for

assist handles and most if not all installations incorporate them.

Although an assist handle may not always be necessary due to the

unpredictable nature of an emergency evacuation, it is a valuable tool

that should be available to the flight attendant when it is needed. In

addition, the assist handle is an integral part of flight attendant

training. The addition of the requirement in part 25 would eliminate

incompatibilities between the type design and operational requirements.

In some cases a handle designed to provide leverage when opening,

or more commonly, closing passenger and service doors is installed.

Often, this handle is not located at the designated assist space.

Service experience has shown that the presence of the handle at another

location can mislead a flight attendant into standing in a location

that could obstruct the required passageway. Service experience also

indicates that there is a need for assist handles to enable flight

attendants to steady themselves while actuating the manual inflation

handle on escape slides. The manual handle is located on the door sill,

and essentially requires the attendant to straddle the door opening

when pulling the handle. The attendant is quite vulnerable to the

possibility of being pushed out of the

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exit. The FAA expects that it would be possible for one handle to serve

both purposes; however, two different handles might be needed at the

same exit in some instances. The assist handle(s) should be usable by

the range of flight attendants encompassing the 5th percentile female

to the 95th percentile male.

This notice proposes to require that assist handles be installed at

the designated assist space for all floor level exists that require an

assist space. In addition, a companion change to Sec. 121.310(l) is

proposed that would be applicable to newly manufactured airplanes

entering the fleet and require retrofit of the existing in-service

fleet. A two year retrofit period is proposed.

Emergency evacuations are frequently necessary either due to, or in

combination with ,a hazard such as a fire outside the airplane. Because

the hazard may pose an immediate threat to the occupants of the

airplane, it is often necessary to avoid opening certain otherwise

useable emergency exits to prevent injury to the evacuees. In this

context, a viewing window or other means of assessing the outside

conditions and determining whether an exit should be opened is

extremely valuable. A viewing window is commonly provided in most

exists in service; however, it is not required, and some exits in

service do not incorporate one. The proposal would require a means (for

example, either a window in the exit itself, or in an adjacent frame

bay) that provides a view of the ground area where evacuees will make

contact upon leaving the airplane. The means should provide visibility

taking into account all conditions of landing gear collapse. Details

such as size and prismatic characteristics of the viewing means are not

specified. The FAA considers that sufficient design latitude should be

available to permit several acceptable concepts. The viewing means

would be required to be available to a person preparing to open an

exit. Thus, if a window were in an adjacent frame bay, there could not

be a partition or divider between the exit and the window to meet the

intent of the proposal. For some exits, two windows might be installed

at each exit in order to provide sufficient viewing coverage. This

proposed viewing requirement would only apply to airplanes for which an

application for type certificate is made after the effective date. Due

to the technical difficulties and resultant cost of modifying existing

airplanes, no retroactive requirement is proposed.

Also important is the capability of an exit to remain open during

an evacuation without threat of premature closing. Adverse attitude,

wind or contact by evacuating passengers could cause an unsecured door

to close during an evacuation, and jeopardize the safety of subsequent

passengers. Most passenger emergency exits currently incorporate a

feature which holds the door open and requires a positive action to

disengage. This notice proposes to require a means to prevent an

emergency exit from inadvertently closing once it has been opened in an

emergency. The means must automatically engage when the exit is opened

and require positive action to disengage. A removable hatch would be

considered to comply, by definition. This proposal would amend

Sec. 25.809 for new type certificates. It is proposed to create a new

Sec. 121.310(l), and redesignate existing paragraph (l) as a new

paragraph (n), which would require that airplanes in service after a

date two years after the effective date of the amendment comply with

the provisions of the part 25 requirement.

Following accident experience in the 1960's the FAA amended part 25

in Amendment 25-15, to prohibit the installation of doors ``between

passenger compartments.'' At the time of the amendment, it was common

practice to divide the first class and tourist class cabins with a

solid door. It was determined in the course of accident investigations

that this door could be detrimental in evacuation of passengers, who

tended not to recognize that there was an exit beyond the door, even if

it were the closest available. The resulting regulatory change was

geared specifically at preventing this occurrence. However, the current

regulation is worded such that doors may be installed between

passengers and exits provided there are not passengers on both sides of

the door. For example, a door could be installed across the main

passenger aisle at the end of a cabin. The current regulations only

require that the door be open for takeoff and landing. It is now

considered undesirable to permit the installation of a door between any

passenger and an exit. Should such a door (either through omission or

mechanical failure) become jammed in the event of an emergency

evacuation, persons could be prevented or delayed in evacuating which

could result in fatalities or injuries that would not otherwise have

occurred. The hazards associated with a jammed door are still present

whether or not passengers are on both sides of the door, and the

recognition factor has not been mitigated. Either could result in the

same consequences--failure of some passengers to evacuate the airplane.

This notice proposes to prohibit the installation of any door between

any passenger and any passenger emergency exit. This would include

doors that close off galley areas as passageways or crossaisles, doors

across emergency exits (frequently used on ``VIP'' airplanes), and

doors into rooms that are occupiable for takeoff and landing. This

would also include a door across one of the aisles on a multi-aisle

airplane, since this closes off the most direct route to an exit for

some of the passengers.

In the past there has been considerable discussion regarding what

constituted a ``door.'' One common proposal has been to install a

fabric diaphragm bounced by a metal frame which is movable, usually

much like a pocket door. This type of installation has been accepted

provided the frame provides no more resistance to a person passing

through it than a normal curtain tie back. Such installations do,

however, create the same recognition problem as do ``solid'' doors and

would no longer be acceptable.

The proposed change to Sec. 25.813(e) would apply to all transport

category airplanes for which an application for type certificate is

made after the effective date regardless of whether they are used in

air carrier service. Section 25.813(f) would also be modified to

account for seats that might be occupied by crew outside of the flight

deck. In addition, Sec. 121.310(f)(6) would make the new standards

applicable to all other transport category airplanes manufactured after

two years after the effective date of this amendment.

These requirements would not be applied retroactively to non air-

carrier operations, i.e., corporate airplanes where the number of

passengers involved is much smaller and there has been no demonstrated

unsafe condition.

Finally, the FAA proposes to require that oxygen masks be connected

to portable oxygen equipment. This proposal follows NTSB Safety

Recommendation No. A-90-54. During the decompression experienced in the

February 1989 United Airlines Flight 811 accident, the NTSB determined

that flight attendants had difficulty in using the portable oxygen

bottles. These bottles are intended to enable them to move about the

cabin, with an adequate oxygen supply, after a decompression. The

oxygen masks were not connected to the dispensing terminal of the

oxygen bottle, thus requiring an additional action by the flight

attendant before the unit was useable. The NTSB recommended that all

such masks be connected to the oxygen supply, to

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minimize the time and dexterity necessary for flight attendants to don

and use the portable oxygen. The FAA agrees with this recommendation,

and therefore proposes to change Sec. 25.1447(c)(4) accordingly. In

addition, a companion change is made to Sec. 121.333(d), with a one

year compliance time. A one year compliance time is chosen in this case

because the modification required is a simple connection of the oxygen

mask to the supply bottle. This can be done on an overnight visit, or

any short interval maintenance visit. One year is considered more than

enough time to achieve compliance.

A two year compliance time for incorporation of these changes into

the existing fleet is used throughout this proposal, with the exception

noted above. This approximates the ``C'' check maintenance cycles for

most airplanes affected. This time period is sufficient to accomplish

the relatively minor modifications required by this proposal, and

offers operators some flexibility in scheduling. For newly manufactured

airplanes, two years is considered sufficient to develop the necessary

engineering and parts availability on airplanes which do not already

incorporate the features described here. However, as previously noted,

the majority of airplanes currently being delivered do incorporate

these proposals, and so will not be affected by the compliance time.

An ambiguity in the provisions of Sec. 25.853(d) concerning ash

trays has been brought to the attention of the FAA. As presently

worded, the second sentence could be misinterpreted to require ash

trays in all areas of the cabin instead of just the designated smoking

areas. Section 25.853(d) would be revised to require that all seated

occupants in designated smoking areas are provided with ashtrays. Since

designated smoking areas can vary from flight to flight, an adequate

number of ashtrays would probably need to be installed at delivery to

account for the largest smoking section anticipated by the airline.

Alternatively, the size of the smoking section would be limited by the

number and location of the ashtrays.

The introductory phrase in Sec. 25.855, which contains safety

standards for cargo and baggage compartments, states, ``For each cargo

and baggage compartment not occupied by crew or passengers, the

following apply.'' It has been brought to the attention of the FAA that

this phrase may also cause confusion. By definition, some compartments

must be accessible to crewmembers to fight fires in flight; therefore,

the exception made by the introductory phrase can not (and has not been

interpreted to) apply to compartments that are only occupied

occasionally by crew or passengers. Furthermore, crew and passengers

are not permitted to be seated or stationed on a full-time basis in

cargo or baggage compartments. Since the exception does not apply to

occasional occupancy and since crew and passengers do not occupy cargo

or baggage compartments in flight on a full-time basis, the exception

made in the phrase has no applicability. Using the present wording of

the introductory phrase, it was alleged, in at least one instance, that

the standards of Sec. 25.855 did not apply because the cockpit was part

of the cargo or baggage compartment. That allegation was unfounded

regardless of the degree or method of separation, the cockpit can not

be considered part of a cargo or baggage compartment. Nevertheless, it

does show that the phrase can easily be misinterpreted. Since the

exception has no applicability and may cause confusion, the

introductory phrase would be reworded to simply state, ``For each cargo

or baggage compartment, the following apply.'' This would be a

nonsubstantive change that would place no additional burden on any

person.

Finally, as a result of the extensive changes to part 25 adopted in

Amendment 25-72, many referenced sections were changed. Some of the

references to these sections were inadvertently retained, however, and

are no longer correct. Therefore, the FAA proposes to correct these

references to correspond to the current structure of part 25. These

changes are purely editorial in nature and affect

Secs. 25.807(d)(3)(ii), 25.812(g)(l)(ii), 25.812(g)(2), 25.812(h),

25.819(f) and 25.1411(c).

Regulatory Evaluation Summary

Regulatory Evaluation, Regulatory Flexibility Determination, and Trade

Impact Assessment

Changes to Federal regulations must undergo several economic

analyses. First, Executive Order 12866 directs Federal agencies to

promulgate new regulations or modify existing regulations only if the

potential benefits to society justify its costs. Second, the Regulatory

Flexibility Act of 1980 requires agencies to analyze the economic

impact of regulatory changes on small entities. Finally, the Office of

Management and Budget directs agencies to assess the effects of

regulatory changes on international trade. In conducting these

assessments, the FAA has determined that this proposed rule: (1) Would

generate benefits exceeding its costs and is not ``significant'' as

defined in Executive Order 12866; (2) is not ``significant'' as defined

in DOT's Policies and Procedures; (3) would not have a significant

impact on a substantial number of small entities; and (4) would not

constitute a barrier to international trade. These analyses, available

in the docket, are summarized as follows.

Costs and Benefits

The proposed rule would impose minimal incremental compliance costs

on existing airplanes and airplanes manufactured under existing type-

certificate because it would codify existing industry practices and

clarify FAA requirements concerning cabin configuration and equipment

specifications. With one exception, this proposed rule is expected to

impose minimal compliance costs on future part 25 type certificated

airplanes. The one exception would arise from the proposed part 25

requirement for a viewing window at each emergency exit door or

adjacent bay. In order for a tailcone emergency exit to meet this

proposed requirement, considerable engineering redesign may be needed.

The FAA specifically requests public comment on the technical and

economic feasibility of this proposed provision.

Similarly, the proposed rule would generate minimal real

incremental benefits because it would codify current industry

practices. The fact that the proposed rule reflects current industry

practice indicates that airplane manufacturers and air carriers have

determined that the proposals are warranted means of enhancing

passenger and flight attendant survivability of a post-accident fire.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by government regulations. The RFA requires

a Regulatory Flexibility Analysis if the proposed or final rule would

have a significant economic impact, either detrimental or beneficial,

on a substantial number of small entities. FAA Order 2100.14A,

Regulatory Flexibility Criteria and Guidance, prescribes standards for

complying with RFA review requirements in FAA rulemaking actions. The

Order defines ``small entities'' in terms of thresholds, ``significant

economic impact'' in terms of annualized cost thresholds, and

``substantial number'' as a number which is not less than eleven and

which

[[Page 38556]]

is more than one-third of the small entities subject to the proposed or

final rule.

Order 2100.14A specifies a size threshold for classification as a

small manufacturer as 75 or fewer employees. No transport category

airplane manufacturer has 75 or fewer employees. Therefore, the

proposed rule would not have a significant economic impact on a

substantial number of small manufacturers. Since the proposed rule

would impose little or no incremental costs, there would not be a

significant impact on a substantial number of small operators.

International Trade Impact Assessment

The proposed rule would not constitute a barrier to international

trade, including the export of U.S. airplanes to foreign countries and

the import of foreign airplanes into the United States.

Federalism Implications

The regulations proposed herein would not have substantial direct

effects on the states, on the relationship between the national

government and the states, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this

proposal would not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

International Compatibility

The FAA has reviewed the corresponding International Civil Aviation

Organization regulations, where they exist, and had identified no

differences in these proposed amendments and the foreign regulations.

The FAA has also reviewed the Joint Airworthiness Authority Regulations

and has discussed similarities and differences in these proposed

amendments and the foreign regulations.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511), there are no requirements for information collection associated

with this proposed rule.

Conclusion

Because the proposed revised standards for airplane cabin safety

are not expected to result in a substantial economic cost, the FAA has

determined that this proposed regulation is not a significant

regulation under Executive Order 12866. The FAA has also determined

that this action is not significant as defined in Department of

Transportation Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979). Since the airplanes involved are not manufactured

by small entities, it is certified under the criteria of the Regulatory

Flexibility Act that this proposed regulation, if adopted, will not

have a significant economic impact, positive or negative, on a

substantial number of small entities. A copy of the initial regulatory

evaluation prepared for this proposal may be examined in the public

docket or obtained from the person identified under the caption, FOR

FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 25

Air transportation, Aircraft, Aviation safety, Safety.

14 CFR Part 121

Aviation safety, Safety, Air carrier, Air traffic control, Air

transportation, Aircraft, Aircraft pilots, Airmen, Airplanes, Airports,

Airspace, Cargo, Chemicals, Children, Narcotics, Flammable materials,

Handicapped, Hazardous materials, Common carriers.

The Proposed Amendments

Accordingly, the Federal Aviation Administration (FAA) proposes to

amend parts 25 and 121 of the Federal Aviation Regulations (FAR) (14

CFR parts 25 and 121) as follows:

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

1. The authority citation for part 25 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

Sec. 25.807 [Amended]

By amending Sec. 25.807, paragraph (d)(3)(ii) by removing the

reference to ``Sec. 25.809(h)'' and inserting ``Sec. 25.810(a)'' in its

place.

3. By amending Sec. 25.809 by revising paragraph (a), and by adding

a new paragraph (i) to read as follows:

Sec. 25.809 Emergency exit arrangement.

(a) Each emergency exit, including each flightcrew emergency exit,

must be moveable door or hatch in the external walls of the fuselage,

allowing unobstructed opening to the outside. In addition, each

emergency exit must have means to permit viewing of the outside

conditions when the exit is closed, so that likely areas of evacuee

ground contact are visible. The likely areas of evacuee ground contact

must be viewable with the landing fear extended as well as in all

conditions of landing gear collapse. The viewing means may be on the

exit, or adjacent to it provided no obstructions exist between the exit

and the viewing means.

* * * * *

(i) Each emergency exit must have a means to retain the exit in the

open position, once the exit is opened in an emergency. The means must

be automatically engaged when the exit is fully opened, and must

require positive action to disengage.

4. By amending Sec. 25.812 by revising paragraphs (g)(1)(ii),

(g)(2), and (h), introductory kit, to read as follows:

Sec. 25.812 Emergency Lighting

* * * * *

(g) * * *

(1) * * *

(i) * * *

(ii) Not less than 0.05 foot-candle (measured normal to the

direction of the incident light) for a minimum width of 42 inches for a

Type A overwing emergency exit and of 2 feet for all other overwing

emergency exits along the 30 percent of the slip-resistant portion of

the escape route required in Sec. 25.810(c) that is farthest from the

exit; and

* * * * *

(2) At each non-overwing emergency exit not required by

Sec. 25.810(a) to have descent assist means the illumination must be

not less than 0.03 foot-candle (measured normal to the direction of the

incident light) on the ground surface with the landing gear extended

where an evacuee is likely to make first contact with the ground

outside the cabin.

(h) the means required in Secs. 25.810(a) and (d) to assist the

occupants in descending to the ground must be illuminated so that the

erected assist means is visible from the airplane.

* * * * *

5. By amending Sec. 25.813 by revising paragraphs (b)(1)(i) and

(ii), (b)(2), (b)(3), by Adding new paragraphs (b)(4) and (b)(5) and by

revising paragraphs (e) and (f) to read as follows:

Sec. 25.813 Emergency exit access

* * * * *

(b) * * *

(1) * * *

(i) Each assist space must be a rectangle 12 X 20-inches on the

floor (or the minimum size necessary to enable a crewmember, standing

erect, to effectively assist evacuees, whichever is greater) with the

12-inch dimension parallel to the exit opening, and

(ii) There must be a handle, or handles, at each assist space,

located to enable the crewmember to steady himself or herself while

manually

[[Page 38557]]

activating the assist means and while assisting passengers during an

evacuation.

(2) For each Type A exit, assist space must be provided at each

side of the exit regardless of whether a means is required by

Sec. 25.810(a).

(3) For each Type I or II exit installed in an airplane with

seating for 79 or more passengers, an assist space must be provided at

one side of the passageway regardless of whether a means is required by

Sec. 25.810(a).

(4) For each Type I or II exit, an assist space must be provided at

one side of the passageway if a means is required by Sec. 25.810(a).

(5) For any tailcone exit that qualifies for 25 additional

passenger seats under the provisions of Sec. 25.807(d)(3)(ii), an

assist space must be provided, if a means is required by

Sec. 25.810(a).

* * * * *

(e) No door may be installed between any passenger seat occupiable

for takeoff and landing and any passenger emergency exit, such that the

door crosses any egress path (including aisles, crossaisles and

passageways).

(f) If it is necessary to pass through a doorway separating any

seat, occupiable for takeoff and landing (except those seats on the

flight deck), from any emergency exit, the door must have a means to

latch it in the open position.

Sec. 25.819 [Amended]

6. By amending Sec. 25.819, paragraph (f), by removing the

reference to ``Sec. 25.785(c)'' and inserting ``Sec. 25.785(d)'' in its

place.

7. By amending Sec. 25.853 by revising paragraph (d) to read as

follows:

Sec. 25.853 Compartment interiors.

* * * * *

(d) Smoking is not to be allowed in lavatories. If smoking is to be

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.

* * * * *

8. By amending the introductory text in Sec. 25.855 to read as

follows:

Sec. 25.855 Cargo or baggage compartments.

For each cargo or baggage compartment, the following apply:

* * * * *

9. By amending Sec. 25.1411 by revising paragraph (c) to read as

follows:

Sec. 25.1411 General

* * * * *

(c) Emergency exit descent device. The stowage provisions for the

emergency exit descent device required by Sec. 25.810(a) must be at

each exit for which they are intended.

* * * * *

10. By amending Sec. 25.1447 by revising paragraph (c)(4) to read

as follows:

Sec. 25.1447 Equipment standards for the oxygen distributing units.

* * * * *

(c) * * *

(4) Portable oxygen equipment must be immediately available for

each cabin attendant. The portable oxygen equipment must have the

oxygen dispensing unit connected to the portable oxygen supply.

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC FLAG, AND

SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE

AIRCRAFT

11. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,

44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,

44912, 46105.

12. By amending Sec. 121.310 by revising paragraph (f)(2), by

redesignating paragraph (f)(6) as (f)(7); by adding a new paragraph

(f)(6); by redesignating existing paragraph (l) as paragraph (n); by

adding a new paragraph (l); and by republishing newly redesignated

paragraphs (f)(7) and (n) to read as follows:

Sec. 121.310 Additional emergency exit equipment.

* * * * *

(f) * * *

(2) For each Type I or Type II emergency exit equipped with an

assist means, there must be enough space next to the exit to allow a

crewmember to assist in the evacuation of passengers without reducing

the unobstructed width of the passageway below that in paragraph (f)(1)

of this section. In addition, all airplanes manufactured on or after

[insert a date two years after the effective date of this amendment]

must comply with the provisions of Secs. 25.813 (b)(1), (b)(2) and

(b)(3) in effect on [insert the effective date of this amendment.]

However, the Administrator may authorize a deviation from this

requirement for an airplane certificated under the provisions of part

5b of the Civil Air Regulations in effect before December 30, 1951, if

he finds that special circumstances exist that provide an equivalent

level of safety.

* * * * *

(6) No person may operate a transport category airplane after a

date two years after the effective date of this amendment, that

incorporates a door installed between any passenger seat occupiable for

takeoff and landing and any passenger emergency exit, such that the

door crosses any egress path (including aisles, crossaisles and

passageways).

(7) If it is necessary to pass through a doorway separating the

passenger cabin for other areas to reach required emergency exit from

any passenger seat, the door must have a means to latch it in the open

position, and the door must be latched open during each takeoff and

landing. The latching means must be able to withstand the loads imposed

upon it when the door is subjected to the ultimate inertia forces,

relative to the surrounding structure, listed in Sec. 25.561(b) of this

chapter.

* * * * *

(l) After [insert a date two years after the effective date of this

amendment] each airplane must comply with the provisions of

Secs. 25.809(i) and 25.813(b)(l)(ii) in effect on [insert the effective

date of this amendment].

* * * * *

(n) Portable lights. After December 1, 1980, no person may operate

a passenger-carrying airplane unless it is equipped with flashlight

stowage provisions accessible from each flight attendant seat.

13. By amending Sec. 121.333 by revising paragraph (d) as follows:

Sec. 121.333 Supplemental oxygen for emergency descent and for first

aid; turbine engine powered airplanes with pressurized cabins.

* * * * *

(d) Use of portable oxygen equipment by cabin attendants. After a

date one year after the effective date of this amendment each mask used

for portable oxygen equipment must be connected to its oxygen supply.

Above flight level 250, one of the following is required:

(1) Each attendant shall carry portable oxygen equipment with a 15

minute supply of oxygen; or

(2) There must be sufficient portable oxygen equipment (including

masks and spare outlets) throughout the cabin so that such equipment is

immediately available to each attendant, regardless of their location

in the cabin.

* * * * *

Issued in Washington, D.C., on July 16, 1996.

Ava L. Robinson,

Special Assistant to Director, Aircraft Certification Service.

[FR Doc. 96-18824 Filed 7-23-96; 8:45 am]

BILLING CODE 4910-13-M