Retrofit of Improved Seats in Air Carrier Transport Category Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 25611]

RIN 2120-AC84

Retrofit of Improved Seats in Air Carrier Transport Category

Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of public meeting, reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: This document announces a public meeting in which the Federal

Aviation Administration (FAA) will discuss changes in and solicit

comments and information from the public on the FAA's current draft

rule to require the retrofit of improved seats in air carrier transport

category airplanes. A Notice of Proposed Rulemaking (NPRM) that

proposed requiring more crashworthy seats on most air carrier airplanes

operating under parts 121 and 135 was published on May 17, 1988. The

draft

[[Page 58332]]

rule currently under consideration differs in some respects from the

1988 proposal. This document describes those differences and announces

a 2-day public meeting at which the difference may be addressed and

more current information and views obtained. This document also reopens

the comment period.

DATES: The public meeting will be held on December 8 and 9, 1998, at

9:00 a.m., in Arlington, Virginia. Registration will begin at 8:30 a.m.

on each day. Comments must be received no later than January 8, 1999.

ADDRESSES: The public meeting will be held at the Marriott Crystal

Forum, 1999 Jefferson Davis Highway, Arlington, Virginia 22203-3564;

telephone (703) 413-5500, facsimile (703) 413-0185.

Persons who are unable to attend the meeting and wish to submit

written comments may mail their comments (clearly marked with the

docket number) in triplicate to Federal Aviation Administration, Office

of the Chief Counsel, Attention: Rules Docket (AGC-200), Docket No.

25611, 800 Independence Avenue SW., Washington, DC 20591, or deliver in

person to room 915G at the same address. Comments also may be submitted

electronically to the following Internet address: 9-npr-

[email protected]. Comments may be inspected in room 915G weekdays,

except Federal holidays, between 8:30 a.m. and 5:00 p.m. Written

comments to the docket will receive the same consideration as

statements made at the public meeting.

FOR FURTHER INFORMATION CONTACT: Requests to present a statement at the

public meeting and questions regarding the logistics of the meeting

should be directed to Ms. Terry Stubblefield, Aircraft and Airport

Rules Division, ARM-200, Federal Aviation Administration, 800

Independence Avenue SW., Washington, DC 20591; telephone (202) 267-

7624, facsimile (202) 267-5075. Technical questions should be directed

to Mr. John Petrakis, Aircraft Engineering Division, AIR-120, Federal

Aviation Administration, 800 Independence Avenue SW., Washington, DC

220591; telephone (202) 267-9274, facsimile (202) 267-5340. Cost/

Benefit questions should be directed to Ms. Marilyn Don Carlos,

Aircraft Regulatory Analysis Branch, APO-320, Federal Aviation

Administration, 800 Independence Avenue SW., Washington, DC 20591;

telephone (202) 267-3319, facsimile (202) 267-3324.

SUPPLEMENTARY INFORMATION: The public meeting will be held at the

Marriott Crystal Forum, 1999 Jefferson Davis Highway, Arlington,

Virginia 22202-3564; telephone (703) 413-5500, facsimile (703) 413-

0185. Hotel reservations should be made in advance. A block of rooms

has been reserved at the following two hotels:

Hyatt Regency Crystal City at Washington National Hotel,

2799 Jefferson Davis Highway, Arlington, Virginia 22202; telephone

(703) 418-1234, facsimile (703) 418-1289.

Hilton Crystal City at National Airport, 2399, Jefferson

Davis Highway, Arlington, Virginia 22202; telephone (703) 418-6800,

facsimile (703) 418-3763.

Persons wishing to attend the public meeting are encouraged to make

reservations at the Hyatt Regency Crystal City by November f16, 1998,

or at the Hilton Crystal City by November 7, 1998, to take advantage of

the special room rates. When making reservations, persons should

contact the hotel directly using the telephone or facsimile numbers

listed above and should indicate that they will be attending the

Federal Aviation Administration public meeting.

The purpose of the meeting is for the FAA to (1) discuss with the

public the draft final rule that is currently under consideration,

which differs from the original proposal, (2) fully discuss the

technical and cost-related issues of compliance with the retrofit of

improved seats on air carrier transport category airplanes, and (3)

hear comments from the public on these issues. The agenda for the

meeting will include:

Day One

Review Technical Standard Order (TSO)-C127a changes.

Review of latest Head Injury Criteria (HIC) research and

component tester development.

Review the NPRM (Notice No. 88-8) and text of the draft

final rule currently under consideration.

Discuss ``16g-compatible seat'' testing for passenger and

flight attendant seats.

Review in detail the cost/benefit analysis.

Public presentations.

Day Two

Public presentations.

Responses to questions and open discussion of identified

issues.

Participation at the Public Meeting

Requests from persons who wish to present oral statements at the

public meetings should be received by the FAA no later than December 1,

1998. Such requests should be submitted to Ms. Terry Stubblefield,

Aircraft and Airport Rules Division, as listed in the section above

titled FOR FURTHER INFORMATION CONTACT and should include a written

summary of oral remarks to be presented and an estimate of time needed

for the presentation. Requests received after the date specified above

will be scheduled if there is time available during the meeting;

however, the names of those individuals may not appear on the written

agenda. The FAA will prepare an agenda of speakers and presenters and

make the agenda available at the meeting. To accommodate as many

speakers as possible, the amount of time allocated to each speaker may

be less than the amount of time requested. Persons requiring

audiovisual equipment should notify the FAA when requesting to be

placed on the agenda.

Background

Title III, section 303(b) of the Airport and Airway Safety and

Capacity Expansion Act of 1987 (Public Law 100-223, December 30, 1987)

mandates rulemaking to consider requiring improved crashworthiness

standards for aircraft seats. The act states the following:

Not later than 120 days after the date of the enactment of this

Act, the Secretary [of Transportation] shall initiate a rulemaking

proceeding to consider requiring all seats on board all air carrier

aircraft to meet improved crashworthiness standards based upon the

best available testing standards for crashworthiness.

On May 17, 1988, the FAA published crashworthiness standards for

seats used in newly certified transport category airplanes (53 FR

17640). On the same date, the FAA published an NPRM (Notice No. 88-8,

53 FR 17650) to require the retrofit of crashworthy seats on most

existing transport category airplanes used in operations under 14 CFR

parts 121 and 135. The NPRM proposed to prohibit the operation of these

airplanes unless all passenger and flight attendant seats met the

crashworthiness standards for newly certified airplanes adopted

concurrently by the agency in 14 CFR part 25, as noted above.

Approximately 70 commenters responded to Notice No. 88-8. Forty-

five commenters agreed with the proposal, 14 opposed it, and 11

supported the intent of the proposal but did not agree with all the

provisions. Comments received in response to Notice No. 88-8,

subsequent submittals, and information obtained during other public

meetings are being considered in developing the proposed final rule.

[[Page 58333]]

Proposed Revisions Under Consideration

Based on comments to Notice No. 88-8, and other available

information, the FAA is considering revisions to the proposed rule. The

proposal currently under consideration is described as follows:

Section 121.311, Seats, safety belts, and shoulder harnesses,

contains the current requirements. The FAA is considering adopting a

new paragraph (j) that would prohibit the operation of each transport

category airplane type certificated after January 1, 1958, unless all

passenger and flight attendant seats in the airplane fully comply with

the provisions of 14 CFR 025.562, in effect on June 16, 1988. The FAA

is considering an exception for airplanes operated in all-cargo

operations. The prohibition would be effective 4 years after the date

of publication of the final rule.

The FAA is also considering an alternative to paragraph (j), which

would be contained in a new paragraph (k). The alternative would allow

a transport category airplane type certified after January 1, 1958, to

continue to be operated after 4 years after the final rule is

published, provided that all passenger and flight attendant seats

comply with 14 CFR 25.562, or a properly marked as ``16g-compatible.''

Any combination of seats that comply with 14 CFR 25.562, or are

properly marked also would be acceptable. A seat could be properly

marked as ``16g-compatible'' if it is manufactured before the 4 year

date, and the Administrator has determined the seat type to be capable

of carrying the resultant dynamic loads required in Sec. 25.562 (a) and

(b), without structural separation of primary, i.e., seat legs, frame,

or seat track attachments. The concept of ``16g compatible'' is further

described below.

The Administrator's determination that a seat type is ``16g-

compatible'' would be required to be made before 3 years after

publication of the final rule. The Administration could make the

determination on a later date if it is also determined that special

circumstances make compliance by the 3 year date impracticable and that

the public interest warrants a later date. A request for such an

extension would be made to the Manager of the Transport Airplane

Directorate, Aircraft Certification Service; in responding to that

request, the Directorate would consider, among other things, the

specific seats/seat types for which timely compliance would not be

achieved, the reasons why compliance could not be achieved earlier, and

the proposed schedule for compliance.

Analysis of Proposed Revisions Under Consideration

The FAA is describing the revisions currently under consideration

to allow for public review prior to the public meeting. If the rule is

adopted with the changes described above, seats that would be approved

as ``16g-compatible'' would be required to undergo a supplemental

certification. The supplemental seat certification process that will be

administered by the FAA would be as follows.

Aircraft seats/seat types designed and manufactured to the

requirements of TS0-C39, i.e., ``9g seats'' or the equivalent that an

operator or seat manufacturer (applicant) considers to be ``16g-

compatible seats,'' would be required to be approved by the FAA. To

qualify a ``16g-compatible seat,'' the applicant would be required to

show that the seat or seat type will withstand the forces addressed in

14 CFR Sec. 25.562(a) and (b) without structural separation of the

seat's primary structure. In addition, the applicant would have to show

that the occupant dummy remains in the seat during the test and would

not be ``entrapped'' by the test article.

The responsibility for demonstrating compliance would rest with the

operator. The responsibility for obtaining supplemental seat

certification approval for ``16g-compatible seats'' would rest with

either the air carrier operator or the aircraft seat manufacturer. The

applicant would have to provide the FAA with sufficient seat dynamic

test data to support a compliance finding. At a minimum, the data

package would include the dynamic test results for a 16g forward test

with floor warpage (for passenger seats only) and a 16g vertical test.

The data would include a complete description of the test article (for

example, configuration, weight, and restraints); other types of testing

information (including test set up, type of anthropomorphic dummy, and

detailed description of seat attachment to include type of floor track

(representative floor track not required) or wall mounting, and seat

floor or wall attach fittings (for passenger seats only)); facility

used and observers present; deformation measurements, if available; and

any post-test observations, photos, and video documentation.

A seat shown to be a variation of an approved ``16g-compatible

seat'' could be approved by similarity analysis. These related seats

could be shown to be similar to a dynamic test article and/or the

differences statistically analyzed to substantiate similarity. Modest

seat weight increases not to exceed 6 percent would be allowed.

Applicants would submit their requests and substantiating test data

package to their local Aircraft Certification Office for evaluation.

Subsequent evaluation, if necessary, would be performed by a ``Seat

Evaluation Review Team'' consisting of a core of two or three engineers

from the FAA's Aircraft Certification Service and the Civil Aeromedical

Institute (CAMI), who would be responsible for the final technical

evaluation and approval, to ensure standardization of evaluation.

Written supplemental seat approvals for seats meeting the

requirements, when granted, would be issued by the Director, Aircraft

Certification Service to the applicant, which could be either the

aircraft seat manufacturer or the operator. Each applicant in

possession of written approval would be required to provide the proper

identification of its seats by ensuring that each seat permanently and

legibly is labeled as follows: ``16g Compatible per Sec. 121.311'' and

date of application of the label. The label would be required to be

conspicuously located next to the existing seat label.

The FAA will make available, upon request, information stating the

makes and models of approved ``16g-compatible seat'' types. However,

affected air carriers and commercial operators ultimately would be

responsible for obtaining the necessary data and approval. The FAA

anticipates that seat manufacturers and associations such as the Air

Transport Association (ATA), National Air Transportation Association

(NATA), Regional Airline Association (RAA), and others, who have worked

with the FAA in the past to improve occupant safety, would share data

and information with each other. The air carrier, commercial operator,

or airplane manufacturer may get a seat manufacturer to share some of

the burden of obtaining FAA approval of some aspects of seating system

design. In any event, it is each operator's responsibility to obtain

supplemental seat certification for continued operation of airplanes.

Cost/Benefit Information

Costs

The total cost of the 16g seat retrofit draft final rule will be

$950.5 million ($518.7 million discounted at 7 percent) over the 20-

year period from 1999 through 2018. In the development of

[[Page 58334]]

this analysis the following assumptions were made:

1. On average, an airplane's service life is expected to be 42

years and its passenger seats are replaced at 14-year intervals.

2. Airplane passenger seats installed or replaced since 1992 are

16g compatible.

3. Flight attendant seats are not replaced.

4. The incremental cost of a 16g compatible passenger seat is $78.

Installation costs are $65 per seat.

5. The average cost of a 16g flight attendant seat is $5,400.

Installation costs are $85 per seat.

6. With a compliance date proposed at 4 years after the effective

date of the rule, estimated to be January 1999, the costs of the rule

include costs for the early replacement of some seats.

7. Downtime costs for airplanes whose seats will be replaced on an

accelerated schedule (i.e., normal replacement would not occur before

the compliance date) are $9,124 for the half-day estimated for

installation.

8. A weight penalty of 1.5 pounds per passenger seat place and

between 0 and 3 pounds per flight attendant seat was used.

9. The annual cost of carrying the additional weight of a passenger

seat is $14.02, while the annual cost of the additional weight of a

flight attendant seat is $8.42 (weighted average).

10. Although the FAA believes air carriers will replace ``16g-

compatible seats'' with ``16g-compatible seats,'' the FAA has included

the incremental costs of the ``16g passenger seats'' and their weight

penalties from the date of replacement after the effective date of the

rule.

11. An average of six passenger seats per airplane will need to

have additional protection to comply with front-row HIC. The cost of

this protection, which could be in the form of a special seat belt, is

estimated to be $50 per seat.

12. Air carriers will not need to remove a row of seats, avoiding

lost revenue.

13. No structural modifications to the airframe of affected

airplanes will be necessary as a result of the rule.

The total estimated cost for seats, installation, weight penalties,

and downtime for certain airplanes is $637.8 million. Certification

costs during the period will be $312.7 million ($156.8 million

discounted). The cost to show 16g compatibility is estimated to be

$100,000 per certification. The cost to show full 16g requirements is

$200,000 per certification. The cost per certification to show 16g

requirements for a similar configuration is $40,000.

Benefits

The benefits of the 16g seat retrofit rule are estimated to range

from $680 million to $1.2 billion ($290 to $530 million, discounted)

over a 20-year period.

These benefits are based on the number of fatalities and injuries

that would be avoided given accident rates that had survivors.

Approximately 210 to 410 fatalities and 220 to 240 serious injuries

would be avoided over a 20-year period.

The range of benefits stems from the uncertainty in determining

whether a given fatality would have been prevented with a 16g seat

(researchers' confidence in the specific cause of fatalities varied

across accidents, seat location, etc.).

Information Requested

Based on the length of time since the close of the comment period,

the FAA has determined that it is in the public interest to reopen the

comment period on this NPRM to seek additional data and supporting

methodology in the following areas:

1. How many applications for seat certifications (basic vs.

modification) should the FAA expect per year for each seat class--

flight attendant, tourist, business, and first class for both 16g and

``16g-compatible''?

2. What will it cost to certificate a ``16g-compatible seat'' vs. a

full 16g seat?

3. What is the structural weight increase/decrease between a 16g

and a 9g seat, by class?

4. What percentage of seats produced since 1992 are ``16g-

compatible?''

5. Are the assumptions valid that passenger seats are replaced, on

average, every 14 years, and that flight attendant seats are rarely

replaced?

6. What is the average retirement age for an airplane when it

leaves part 121 or part 135 service?

7. What are various means of complying with front-row HIC? How much

do they cost? Are there disadvantages to installing a y-belt? What

about removable bulkheads, airbags, or shoulder harnesses? What is the

incremental cost of a y-belt, a shoulder harness, and an airbag?

8. The FAA received comments stating that removing a row of seats

is the only way to comply with HIC. What is the foundation for that

comment? Is the answer different depending on whether the airplane is a

wide or narrow body?

9. The FAA received comments that estimated the cost associated

with loss of one seat per flight per day. Did that comment take into

consideration the fact that, because most people book seats in advance,

these passengers could rebook seats on nonfilled flights?

10. How long would it take to remove old seats and install 16g or

``16g-compatible seats'' in an airplane? When would new seat

installations most likely be done? Would they be done in service or

during C checks or D checks?

Accordingly, the FAA will conduct a 2-day public meeting in

Arlington, Virginia, for the purpose of gathering this additional

information.

The comment period on the proposed rule will remain open until

January 8, 1999, 30 days after the close of the public meeting. The FAA

will use this public meeting as a forum to discuss previously submitted

comments, hear new comments, and accept additional data and support

methodologies from the public.

Persons interested in obtaining a copy of Notice No. 88-8 should

contact Ms. Terry Stubblefield, Aircraft and Airport Rules Division, at

the address, telephone number, or facsimile number provided in the

section above titled FOR FURTHER INFORMATION CONTACT.

An electronic copy of the Notice of Public Meeting and Notice No.

88-8 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) or the Government

Printing Office's (GPO) electronic bulletin board service (telephone:

(202) 512-1661).

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

or the GPO's web page at http://www.access.gpo.gov/su__docs to access

recently published rulemaking documents.

Public Meeting Procedures

Persons who plan to attend the meeting should be aware of the

following procedures established for this meeting:

1. There will be no admission fee or other charge to attend or to

participate in the public meeting. The meeting will be open to all

persons who have requested in advance to present statements or who

register on the day of the meeting (between 8:30 a.m. and 9:00 a.m.),

subject to availability of space in the meeting room.

2. Representatives from the FAA will conduct the public meeting. A

panel of FAA experts will be present to discuss information presented

by participants.

3. The public meeting is intended as a forum to seek additional

data and to obtain clarification of supporting

[[Page 58335]]

methodologies from the industry. Participants must limit their

presentations and submissions of data to this issue.

4. The meeting will offer the opportunity for all interested

parties to present additional information not currently available to

the FAA, and will provide an opportunity for the FAA to explain the

methodology and technical assumptions supporting its current

conclusions.

5. FAA experts and public participants are expected to engage in a

full discussion of all technical material presented at the meetings.

Each person presenting conclusions will be expected to submit to the

FAA data fully supporting those conclusions; all proprietary data

submitted will be protected by the FAA from disclosure in accordance

with applicable laws.

6. The FAA will try to accommodate all speakers; therefore, it may

be necessary to limit the time available for an individual or group. If

necessary, the meeting may be extended to evenings or additional days.

If practicable, the meeting may be accelerated to enable adjournment in

less than the time scheduled.

7. Sign and oral interpretation can be made available at the

meeting, as well as an assistive listening device, if requested 10

calendar days before the meeting.

8. The meeting will be recorded by a court reporter. A transcript

of the meeting and all material accepted by the panel during the

meeting will be included in the public docket, unless protected from

disclosure. Each person interested in purchasing a copy of the

transcript should contact the court reporter directly. This information

will be available at the meeting.

9. The FAA will review and consider all material presented by

participants at the public meeting. Position papers or material

presenting views or information related to the draft final rule may be

accepted at the discretion of the presiding officer and will be

subsequently placed in the public docket. The FAA requests that

presenters at the meeting provide 10 copies of all materials to be

presented for distribution to the panel members; other copies may be

provided to the audience at the discretion of the presenter.

10. Statements made by members of the panel are intended to

facilitate discussion of the issues or to clarify issues. Comments made

at these public meetings will be considered by the FAA before making a

final decision on issuance of the final rule.

11. The meeting is designed to solicit public views and more

complete information relevant to the final rule under consideration.

Therefore, the meeting will be conducted in an informal and

nonadversarial manner.

Issued in Washington, DC, on October 23, 1998.

Douglas Kirkpatrick,

Acting Director, Aircraft Certification Service.

[FR Doc. 98-29050 Filed 10-29-98; 8:45 am]

BILLING CODE 4910-13-M