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Federal Register / Vol. 72, No.

67 / Monday, April 9, 2007 / Proposed Rules 17441

a loophole that creates a security Dated at Rockville, Maryland, this 3rd day FOR FURTHER INFORMATION CONTACT:
vulnerability that could potentially of April 2007. Mike Dostert, FAA, Propulsion/
compromise public health and safety. Kenneth R. Hart, Mechanical Systems, ANM–112,
Acting Secretary of the Commission. Transport Airplane Directorate, Aircraft
The Proposed Amendments
[FR Doc. E7–6644 Filed 4–6–07; 8:45 am] Certification Service, 1601 Lind
The petitioner requests that 10 CFR BILLING CODE 7590–01–P Avenue, SW., Renton, Washington
part 73 be amended to require that 98057–3356; telephone (425) 227–2132;
licensees implement procedures to facsimile (425) 227–1320.
ensure that: (1) When information SUPPLEMENTARY INFORMATION:
becomes known to a licensee about an DEPARTMENT OF TRANSPORTATION
individual that would prevent that Comments Invited
Federal Aviation Administration
individual from gaining unescorted The FAA invites interested persons to
access to the protected area of a nuclear 14 CFR Part 25 participate in this rulemaking by
power plant, the licensee will submitting written comments, data, or
implement measures to ensure the [Docket No. NM366 Special Conditions No. views. The most helpful comments
individual does not enter the protected 25–07–03–SC]
reference a specific portion of the
area, whether escorted or not; and (2) special conditions, explain the reason
when sufficient information is not Special Conditions: Boeing Model 787–
8 Airplane; Composite Wing and Fuel for any recommended change, and
available to a licensee about an include supporting data. We ask that
individual to determine whether the Tank Structure—Fire Protection
Requirements you send us two copies of written
criteria for unescorted access are comments.
satisfied, the licensee will implement AGENCY: Federal Aviation We will file in the docket all
measures to allow that individual to Administration (FAA), DOT. comments we receive as well as a report
enter the protected area only when ACTION: Notice of proposed special summarizing each substantive public
escorted at all times by an armed conditions. contact with FAA personnel concerning
member of the security force who these proposed special conditions. The
remains in periodic communication SUMMARY: This notice proposes special docket is available for public inspection
with security supervision. In the case of conditions for the Boeing Model 787–8 before and after the comment closing
the first proposal, the petitioner believes airplane. This airplane will have novel date. If you wish to review the docket
that when it is known that a person’s or unusual design features when in person, go to the address in the
trustworthiness and reliability do not compared to the state of technology ADDRESSES section of this notice
meet the prescribed standards identified envisioned in the airworthiness between 7:30 a.m. and 4 p.m., Monday
in § 73.56(b), access to protected areas, standards for transport category through Friday, except Federal holidays.
either escorted or unescorted, should be airplanes. These novel or unusual We will consider all comments we
denied. In the case of the second design features are associated with receive on or before the closing date for
proposal, the petitioner recognizes that composite materials chosen for the comments. We will consider comments
it is impractical and burdensome to construction of the fuel tank skin and filed late if it is possible to do so
conduct background investigations of structure. For these design features, the without incurring expense or delay. We
every person requiring access to a applicable airworthiness regulations do may change the proposed special
protected area, noting persons may need not contain adequate or appropriate conditions based on comments we
one-time access. With that in mind, the safety standards for wing and fuel tank receive.
petitioner proposes granting these structure with respect to post-crash fire If you want the FAA to acknowledge
persons access to protected areas, but safety. These proposed special receipt of your comments on this
only when escorted by an armed conditions contain the additional safety proposal, include with your comments
member of the security force and only standards that the Administrator a pre-addressed, stamped postcard on
when this armed member is in periodic considers necessary to establish a level which the docket number appears. We
communication with security of safety equivalent to that established will stamp the date on the postcard and
supervision. by the existing airworthiness standards. mail it back to you.
Conclusion Additional special conditions will be Background
issued for other novel or unusual design
The petitioner believes that current On March 28, 2003, Boeing applied
features of the Boeing Model 787–8
regulations create a security for an FAA type certificate for its new
airplanes.
vulnerability that could potentially Boeing Model 787–8 passenger airplane.
compromise public health and safety. DATES: Comments must be received on The Boeing Model 787–8 airplane will
The petitioner believes that its proposed or before May 24, 2007. be an all-new, two-engine jet transport
amendments to 10 CFR part 73 will ADDRESSES: Comments on this proposal airplane with a two-aisle cabin. The
address this vulnerability in current may be mailed in duplicate to: Federal maximum takeoff weight will be
regulations that enables persons who do Aviation Administration, Transport 476,000 pounds, with a maximum
not meet trustworthiness and reliability Airplane Directorate, Attention: Rules passenger count of 381 passengers.
standards for unescorted access to Docket (ANM–113), Docket No. NM366,
protected areas of nuclear power plants 1601 Lind Avenue, SW., Renton, Type Certification Basis
permission to enter protected areas with Washington 98057–3356; or delivered in Under provisions of 14 CFR 21.17,
an unarmed escort. Accordingly, the duplicate to the Transport Airplane Boeing must show that Boeing Model
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petitioner requests that the NRC amend Directorate at the above address. All 787–8 airplanes (hereafter referred to as
its regulations related to the physical comments must be marked Docket No. ‘‘the 787’’) meet the applicable
protection of nuclear power plants and NM366. Comments may be inspected in provisions of 14 CFR part 25, as
materials as described previously in the the Rules Docket weekdays, except amended by Amendments 25–1 through
section titled, ‘‘The Proposed Federal holidays, between 7:30 a.m. and 25–117, except §§ 25.809(a) and 25.812,
Amendments.’’ 4 p.m. which will remain at Amendment 25–

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17442 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules

115. If the Administrator finds that the additional substantiation by test and are located in proximity to the
applicable airworthiness regulations do analysis will be required to show that passengers and near the engines. Past
not contain adequate or appropriate the 787 provides an acceptable level of experience indicates post crash
safety standards for the 787 because of safety with respect to the performance survivability is greatly influenced by the
a novel or unusual design feature, of the wings and fuel tanks during an size and intensity of any fire that occurs.
special conditions are prescribed under external fuel-fed fire. The ability of aluminum wing surfaces
provisions of 14 CFR 21.16. Although the FAA has previously wetted by fuel on their interior surface
In addition to the applicable approved fuel tanks made of composite to withstand post-crash fire conditions
airworthiness regulations and special materials that are located in the has been demonstrated by tests
conditions, the 787 must comply with horizontal stabilizer of some airplanes, conducted at the FAA Technical Center.
the fuel vent and exhaust emission the composite wing structure of the 787 These tests have verified adequate
requirements of 14 CFR part 34 and the will introduce a new fuel tank dissipation of heat across wetted
noise certification requirements of part construction into service. Advisory aluminum fuel tank surfaces so that
36. In addition, the FAA must issue a Circular (AC) 20–107A, Composite localized hot spots do not occur, thus
finding of regulatory adequacy pursuant Aircraft Structure, under the topic of minimizing the threat of explosion. This
to section 611 of Pub. L. 92–574, the flammability, states: ‘‘The existing inherent capability of aluminum to
‘‘Noise Control Act of 1972.’’ requirements for flammability and fire dissipate heat also allows the wing
Special conditions, as defined in protection of aircraft structure attempt lower surface to retain its load carrying
§ 11.19, are issued in accordance with to minimize the hazard to the occupants characteristics during a fuel-fed ground
§ 11.38 and become part of the type in the event ignition of flammable fluids fire. It significantly delays wing collapse
certification basis in accordance with or vapors occurs. The use of composite or burn-through for a time interval that
§ 21.17(a)(2). structure should not decrease this usually exceeds evacuation times. In
Special conditions are initially existing level of safety.’’ The relevance addition, as an aluminum fuel tank is
applicable to the model for which they to the wing structure is that post-crash heated with significant quantities of fuel
are issued. Should the type certificate fire passenger survivability is dependent inside, fuel vapor accumulates in the
for that model be amended later to on the time available for passenger ullage space, exceeding the upper
include any other model that evacuation prior to fuel tank breach or flammability limit relatively quickly
incorporates the same or similar novel structural failure. Structural failure can and thus reducing the threat of a fuel
or unusual design feature, the special be a result of degradation in load- tank explosion prior to fuel tank burn-
conditions would also apply to the other carrying capability in the upper or lower through. Service history of conventional
model under the provisions of § 21.101. wing surface caused by a fuel-fed aluminum airplanes has shown that fuel
Novel or Unusual Design Features ground fire. Structural failure can also tank explosions caused by ground fires
be a result of over-pressurization caused have been rare on airplanes configured
The 787 will incorporate a number of by ignition of fuel vapors in the fuel
novel or unusual design features. with flame arrestors in the fuel tank
tank. vent lines. Fuel tanks constructed with
Because of rapid improvements in The FAA has historically developed
airplane technology, the applicable composite materials may or may not
rules with the assumption that the
airworthiness regulations do not contain have equivalent capability.
material of construction for wing and
adequate or appropriate safety standards Current regulations were developed
fuselage would be aluminum. As a
for these design features. These and have evolved under the assumption
representative case, § 25.963 was
proposed special conditions for the 787 that wing construction would be of
developed as a result of a large fuel-fed
contain the additional safety standards aluminum materials, which provide
fire following the failures of fuel tank
that the Administrator considers inherent properties. Current regulations
access doors caused by uncontained
necessary to establish a level of safety may not be adequate when applied to
engine failures. During the subsequent
equivalent to that established by the airplanes constructed of different
Aviation Rulemaking Advisory
existing airworthiness standards. materials. Aluminum has the following
Committee (ARAC) harmonization
The 787 will be the first large properties with respect to fuel tanks and
process with the JAA,1 the structures
transport category airplane that will not fuel-fed external fires.
group attempted to harmonize the
be fabricated primarily with aluminum requirements of § 25.963 regarding the • Aluminum is highly thermally
materials for the fuel tank structure. impact and fire resistance of fuel tank conductive. It readily transmits the heat
Instead it will use predominantly access panels. Both authorities of a fuel-fed external fire to fuel in the
composite materials for the structural recognized that existing aluminum wing tank. This has the benefit of rapidly
elements and skin of the wings and fuel structure provided an acceptable level driving the fuel tank ullage to exceed
tanks. Conventional airplanes with of safety. Further rulemaking has not yet the upper flammability limit prior to
aluminum skin and structure provide a been pursued. burn-through of the fuel tank skin or
well understood level of safety during As with previous Boeing airplane heating of the wing upper surface above
post-crash fire scenarios with respect to designs with under-wing mounted the auto-ignition temperature. This
fuel tanks. This is based on service engines, the wing tanks and center tanks greatly reduces the threat of fuel tank
history and extensive full-scale fire explosion.
testing. Composites may or may not 1 The JAA is the Joint Aviation Authority of • Aluminum panels at thicknesses
have capabilities equivalent to Europe and the JAR is its Joint Aviation previously used in wing lower surfaces
aluminum, and current regulations do Requirements, the equivalent of our Federal of large transport category airplanes
Aviation Regulations. In 2003, the European
not provide objective performance Aviation Safety Agency (EASA) was formed, and
have been fire resistant as defined in
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requirements for wing and fuel tank EASA is now the principal aviation regulatory CFR 14 part 1 and AC 20–135.
structure with respect to post-crash fire agency in Europe. We intend to work with EASA • The heat capacity of aluminum and
safety. Because the use of composite to ensure that our rules are also harmonized with fuel will prevent burn-through or wing
its Certification Specifications (CS). But since these
structure is new and novel compared to efforts in developing harmonization of § 25.963
collapse for a time interval that will
the designs envisioned when the occurred before EASA was formed, it was the JAA generally exceed the passenger
applicable regulations were written, that was involved with them. evacuation time.

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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules 17443

The extensive use of composite would apply to that model as well Notice of proposed rulemaking
ACTION:
materials in the design of the 787 wing under the provisions of § 21.101. (NPRM).
and fuel tank structure is considered a
Conclusion SUMMARY: We propose to adopt a new
major change from conventional and
traditional methods of construction. This action affects only certain novel airworthiness directive (AD) for the
This will be the first large transport or unusual design features of the 787. It products listed above. This proposed
category airplane to be certificated with is not a rule of general applicability, and AD results from mandatory continuing
this level of composite material for these it affects only the applicant that applied airworthiness information (MCAI)
purposes. The applicable airworthiness to the FAA for approval of these features originated by an aviation authority of
regulations do not contain specific on the airplane. another country to identify and correct
standards for post-crash fire safety an unsafe condition on an aviation
List of Subjects in 14 CFR Part 25 product. The MCAI describes the unsafe
performance of wing and fuel tank skin
or structure. Aircraft, Aviation safety, Reporting condition as:
and recordkeeping requirements. * * * discovery of interferences between
Discussion of Proposed Special the power wire supplying the galley’s coffee-
The authority citation for these
Conditions maker and the surrounding structure. These
Special Conditions is as follows:
interferences might, by chafing and
In order to provide the same level of Authority: 49 U.S.C. 106(g), 40113, 44701, degrading the wire insulation, generate short
safety as exists with conventional 44702, 44704. circuits between the wire and the aircraft
airplane construction, Boeing must ground through the composite cabinet
demonstrate that the 787 has sufficient The Proposed Special Conditions
structure, without activation of the Circuit
post-crash survivability, in the event Accordingly, the Administrator of the Breaker (C/B). Several hot spots may then be
that the wings are exposed to a large Federal Aviation Administration (FAA) created and generate a large amount of thick
fuel-fed fire, to enable occupants to proposes the following special smokes just behind the cockpit.
safely evacuate. Factors in fuel tank conditions as part of the type The proposed AD would require
survivability are the structural integrity certification basis for the Boeing Model actions that are intended to address the
of the wing and tank, flammability of 787–8 airplane. unsafe condition described in the MCAI.
the tank, burnthrough resistance of the In addition to complying with part 25 DATES: We must receive comments on
wing skin, and the presence of auto- regulations governing the fire-safety this proposed AD by May 9, 2007.
ignition threats during exposure to a performance of the fuel tanks, wings, and ADDRESSES: You may send comments by
fire. The FAA assessed post crash nacelle, the Boeing Model 787–8 must
any of the following methods:
survival time during the adoption of demonstrate acceptable post-crash
survivability in the event the wings are
• DOT Docket Web site: Go to
amendment 25–111 for fuselage http://dms.dot.gov and follow the
burnthrough protection. Studies exposed to a large fuel-fed ground fire.
Boeing must demonstrate that the wing and instructions for sending your comments
conducted by and on behalf of the FAA electronically.
fuel tank design can endure an external fuel-
indicated that, following a survivable fed pool fire for at least 5 minutes. This shall • Fax: (202) 493–2251.
accident, prevention of fuselage burn- be demonstrated for minimum fuel loads (not • Mail: Docket Management Facility,
through for approximately 5 minutes less than reserve fuel levels) and maximum U.S. Department of Transportation, 400
can significantly enhance survivability. fuel loads (maximum range fuel quantities), Seventh Street, SW., Nassif Building,
( See report numbers DOT/FAA/AR–99/ and other identified critical fuel loads. Room PL–401, Washington, DC 20590–
57 and DOT/FAA/AR–02/49.) Beyond Considerations shall include fuel tank 0001.
five minutes, there is little benefit, due flammability, burn-through resistance, wing • Hand Delivery: Room PL–401 on
to the effects of the fuel fire itself. That structural strength retention properties, and
auto-ignition threats during a ground fire
the plaza level of the Nassif Building,
assessment was carried out based on 400 Seventh Street, SW., Washington,
event for the required time duration.
accidents involving airplanes with DC, between 9 a.m. and 5 p.m., Monday
conventional fuel tanks, and Issued in Renton, Washington, on March through Friday, except Federal holidays.
30, 2007.
considering the ability of ground • Federal eRulemaking Portal: http://
personnel to rescue occupants. In Ali Bahrami, www.regulations.gov. Follow the
addition, AC20–135 indicates that, Manager, Transport Airplane Directorate, instructions for submitting comments.
when aluminum is used for fuel tanks, Aircraft Certification Service.
the tank should withstand the effects of [FR Doc. E7–6542 Filed 4–6–07; 8:45 am] Examining the AD Docket
fire for 5 minutes without failure. BILLING CODE 4910–13–P You may examine the AD docket on
Therefore, to be consistent with existing the Internet at http://dms.dot.gov; or in
capability and related requirements, the person at the Docket Management
787 fuel tanks must be capable of DEPARTMENT OF TRANSPORTATION Facility between 9 a.m. and 5 p.m.,
resisting a post crash fire for at least 5 Monday through Friday, except Federal
minutes. In demonstrating compliance, Federal Aviation Administration holidays. The AD docket contains this
Boeing must address a range of fuel proposed AD, the regulatory evaluation,
loads from minimum to maximum, as 14 CFR Part 39 any comments received, and other
well as any other critical fuel load. information. The street address for the
[Docket No. FAA–2007–27806; Directorate Docket Office (telephone (800) 647–
Applicability Identifier 2006–NM–287–AD] 5227) is in the ADDRESSES section.
As discussed above, these proposed Comments will be available in the AD
RIN 2120–AA64
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special conditions are applicable to the docket shortly after receipt.


787. Should Boeing apply at a later date Airworthiness Directives; Dassault FOR FURTHER INFORMATION CONTACT: Tom
for a change to the type certificate to Model Mystere-Falcon 50 Airplanes Rodriguez, Aerospace Engineer,
include another model incorporating the International Branch, ANM–116, FAA,
same novel or unusual design features, AGENCY:Federal Aviation Transport Airplane Directorate, 1601
these proposed special conditions Administration (FAA), DOT. Lind Avenue, SW., Renton, Washington

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