[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Rules and Regulations]
[Pages 81727-81729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32882]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE163; Special Conditions No. 23-105-SC]


Special Conditions: Sino Swearingen, Model SJ30-2; Side-Facing 
Seat.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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SUMMARY: These special conditions are issued for the Sino Swearingen, 
Model SJ30-2 airplane. This airplance will have a novel or unusual 
design feature(s) associated with side-facing seats. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

EFFECTIVE DATE: January 26, 2001.

FOR FURTHER INFORMATION CONTACT: Les Taylor, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-
329-4134, fax 816-329-4090.

SUPPLEMENTARY INFORMATION:

Background

    On October 9, 1995, Sino Swearigen Aircraft Company, 1770 Sky Place 
Boulevard, San Antonio, Texas 78216,

[[Page 81728]]

applied for normal category type certificate for their new Model SJ30-
2. The Model SJ30-2 airplane is a six-to-eight place, all metal, low-
wing, T-tail twin turbofan engine powered airplane with fully enclosed 
retractable landing gear. The SJ30-2 will have a VMO/MMO of 320 knots/
M=.83, and will have engines mounted aft on the fuselage.
    The Model SJ30-2 airplane will contain one side-facing seat. Side 
facing seats are considered a novel design and were not considered when 
those airworthiness standards were promulgated. The FAA has determined 
that the existing regulations do not provide adequate or appropriate 
safety standards for occupants of side-facing single occupant seats. In 
order to provide a level of safety that is equivalent to that afforded 
to occupants of forward and aft facing seats, additional airworthiness 
standards, in the form of additional special conditions, are necessary.

Type Certification Basis

    Under the provisions of 14 CFR Sec. 21.17, Sino Swearingen Aircraft 
Company must show that the Model SJ30-2 meets the applicable provisions 
of 14 CFR part 23 as amended by Amendments 23-1 through 23-53, and 
selected portions of 14 CFR part 25 as provided for by 14 CFR part 21, 
Secs. 21.16 and 21.17(a)(2); exemptions, if any; equivalent level of 
safety findings, if any; and the special conditions adopted by this 
rulemaking action.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 23) do not contain adequate or appropriate 
safety standards for the Sino Swearingen Model SJ30-2 because of a 
novel or unusual design feature, special conditions are prescribed 
under the provisions of Sec. 21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model SJ30-2 must comply with the part 23 fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36, and the FAA must issue a 
finding of regulatory adequacy pursuant to Section 611 of Public Law 
92-574, the ``Noise Control Act of 1972.''
    Special conditions, as appropriate, are issued in accordance with 
Sec. 11.49 after public notice, as required by Secs. 11.28 and 
11.29(b), and become part of the type certification basis in accordance 
with Sec. 21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec. 21.101(a)(1).

Novel or Unusual Design Features

    The Model SJ30-2 will incorporate the following novel or unusual 
design features: A side-facing seat occupiable for taxi, takeoff and 
landing.

Discussion of Comments

    Notice of proposed special conditions No. 23-00-04-SC for the Sino 
Swearington, Model SJ30-2, airplanes was published on September 20, 
2000 (65 FR 56809). No comments were received, and the special 
conditions are adopted as proposed.

Applicability

    As discussed above, these special conditions are applicable to the 
Sino Swearingen, Model SJ30-2. Should Sino Swearingen apply at a later 
date for a change to the type certificate to include another model 
incorporating the same novel or unusual design feature, the special 
conditions would apply to that model as well under the provisions of 
Sec. 21.101(a)(1).

Conclusion

    The special conditions in the FAA position are acceptable. The 
conditions requested by the applicant are as follows:
    1. The EuroSID-1 ATD as defined in the Applicant's Position is 
considered an acceptable equivalent for the purposes of the test 
defined in these special conditions.
    2. The applicants position which is consistent with Advisory 
Circular 23.562-1, page 4, shows a table in which ``crew'' seats are 
shown to meet the 19/26G pulses and passenger seats are shown to meet 
the 15/21 G pulses.
    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability, 
and it affects only the applicant who applied to the FAA for approval 
of these features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.28 and 11.49.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Sino Swearingen Aircraft Company 
Model SJ30-2 airplane applicable to side-facing seats occupiable during 
taxi, takeoff, and landing.

1. Injury Criteria

    (a) Existing Criteria: All injury protection criteria of 
Sec. 23.562(c)(1) through (c)(7) and Sec. 23.785 apply to the occupant 
of a side facing seat. Head Injury Criteria (HIC) assessments are only 
required for head contact with either the seat or adjacent structures 
or both.
    (b) Body-to-wall/furnishing contact: The seat must be installed aft 
of a structure such as an interior wall or furnishing that will support 
the pelvis, upper arm, chest, and head of an occupant seated next to 
the structure. Horizontal tests of the seat must include representative 
structures for the forward wall. The wall must include attachments that 
represent the geometry, strength, and stiffness of the airplane 
installation. If there are structures forward of the wall that will 
affect the deformation of the wall, these structures must be addressed 
in the test procedure. The contact surface of this structure must be 
covered with at least two inches of energy absorbing protective foam, 
such as ensolite.
    (c) Thoracic Trauma: Testing with a Side Impact Dummy (SID), as 
defined by 49 CFR part 572, Subpart F, or its equivalent, must be 
conducted and Thoracic Trauma Index (TTI) injury criteria acquired with 
the SID must be less than 85, as defined in 49 CFR part 572, Subpart F. 
SID TTI data must be processed as defined in Federal Motor Vehicle 
Safety Standard (FMVSS) Section 571.214, S 6.13.5. Rational analysis, 
comparing an installation with another installation where TTI data were 
acquired and found acceptable, may also be viable. The use of the 
EuroSID-1 as defined by the Official Journal of European Communities, 
L169 Volume 39, dated July 8, 1996, Directive 96/27/EC and amending 
Directive 70/156/EEC is considered acceptable for the collection of 
this data.
    (d) Pelvis: Pelvic lateral acceleration must not exceed 130g. 
Pelvic acceleration data must be processed as defined in FMVSS Section 
571.214, S 6.13.5.

[[Page 81729]]

2. General Test Guidelines

    (a) One test with the SID Anthropomorphic Test Dummy (ATD) or the 
EuroSID-1, as defined above, undeformed floor, no yaw, and with all 
lateral structural supports (armrest/walls).
    Pass/fail injury assessments: TTI; and pelvic acceleration.
    (b) One test with the Hybrid II ATD, or equivalent, deformed floor, 
with 10 degrees yaw, and with all lateral structural supports (armrest/
walls).
    Pass/fail injury assessments: HIC; and upper torso restraint system 
retention and pelvic acceleration.
    (c) Vertical test to be conducted with modified Hybrid II ATD's 
with existing pass/fail criteria.
    (d) G-loads used in 2(a), 2(b) and 2(c) are those defined in 14 CFR 
part 23, Sec. 23.562(b), for first row (crew) and other rows 
(passenger) seats.

    Issued in Kansas City, Missouri on December 11, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 00-32882 Filed 12-26-00; 8:45 am]
BILLING CODE 4910-13-M