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Federal Register / Vol. 71, No.

217 / Thursday, November 9, 2006 / Proposed Rules 65759

comments and to view supporting and persons additional time to prepare and FOR FURTHER INFORMATION CONTACT: John
related materials available submit comments. We will also consider A. Shelden, FAA, Airframe/Cabin Safety
electronically. Information on using all comments received between October Branch, ANM–115, Transport Airplane
Regulations.gov, including instructions 11, 2006, and the date of this notice. Directorate, Aircraft Certification
for accessing documents, submitting Authority: 7 U.S.C. 450, 1622, 7701–7772, Service, 1601 Lind Avenue SW.,
comments, and viewing the docket after 7781–7786, and 8301–8317; 21 U.S.C. 136 Renton, Washington 98057–3356;
the close of the comment period, is and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, telephone (425) 227–2785; facsimile
available through the site’s ‘‘User Tips’’ and 371.4. (425) 227–1232; electronic mail
link. Done in Washington, DC, this 3rd of john.shelden@faa.gov.
• Postal Mail/Commercial Delivery: November 2006. SUPPLEMENTARY INFORMATION:
Please send four copies of your Kevin Shea,
comment (an original and three copies) Comments Invited
Acting Administrator, Animal and Plant
to Docket No. APHIS–2006–0026, Health Inspection Service. We invite interested people to take
Regulatory Analysis and Development, [FR Doc. E6–19042 Filed 11–8–06; 8:45 am] part in this rulemaking by sending
PPD, APHIS, Station 3A–03.8, 4700 written comments, data, or views. The
BILLING CODE 3410–34–P
River Road Unit 118, Riverdale, MD most helpful comments reference a
20737–1238. Please state that your specific portion of the special
comment refers to Docket No. APHIS– conditions, explain the reason for any
2006–0026. DEPARTMENT OF TRANSPORTATION recommended change, and include
Reading Room: You may read any supporting data. We ask that you send
comments that we receive on Docket Federal Aviation Administration us two copies of written comments.
No. APHIS–2006–0026 in our reading We will file in the docket all
room. The reading room is located in 14 CFR Part 25 comments we receive, as well as a
room 1141 of the USDA South Building, report summarizing each substantive
14th Street and Independence Avenue, [Docket No. NM359; Notice No. 25–06–13– public contact with FAA personnel
SC] concerning these special conditions.
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m., Special Conditions: Boeing Model 737 You can inspect the docket before and
Monday through Friday, except Series Airplanes; Seats With Non- after the comment closing date. If you
holidays. To be sure someone is there to wish to review the docket in person, go
Traditional, Large, Non-Metallic Panels
help you, please call (202) 690–2817 to the address in the ADDRESSES section
before coming. AGENCY: Federal Aviation of this preamble between 9 a.m. and 5
Other Information: Additional Administration (FAA), DOT. p.m., Monday through Friday, except
information about APHIS and its ACTION: Notice of proposed special Federal holidays.
programs is available on the Internet at conditions. We will consider all comments we
http://www.aphis.usda.gov. receive on or before the closing date for
FOR FURTHER INFORMATION CONTACT: For SUMMARY: This action proposes special comments. We will consider comments
information regarding ruminant conditions for Boeing Model 737 series filed late if it is possible to do so
products, contact Dr. Karen James- airplanes. These airplanes will have a without incurring expense or delay. We
Preston, Director, Technical Trade novel or unusual design feature(s) may change these special conditions
Services, Animal Products, National associated with seats that include non- based on the comments we receive.
traditional, large, non-metallic panels If you want the FAA to acknowledge
Center for Import and Export, VS,
that would affect survivability during a receipt of your comments on this
APHIS, 4700 River Road, Unit 38,
post-crash fire event. The applicable proposal, include with your comments
Riverdale, MD 20737–1231; (301) 734–
airworthiness regulations do not contain a pre-addressed, stamped postcard on
4356.
adequate or appropriate safety standards which the docket number appears. We
For information concerning live
for this design feature. These proposed will stamp the date on the postcard and
ruminants, contact Dr. Lee Ann Thomas,
special conditions contain the mail it back to you.
Director, Technical Trade Services,
Animals, Organisms and Vectors, and additional safety standards that the Future Requests for Installation of Seats
Select Agents, National Center for Administrator considers necessary to With Non-Traditional, Large, Non-
Import and Export, VS, APHIS, 4700 establish a level of safety equivalent to Metallic Panels
River Road, Unit 38, Riverdale, MD that established by the existing
airworthiness standards. We anticipate that seats with non-
20737–1231; (301) 734–4356. traditional, large, non-metallic panels
SUPPLEMENTARY INFORMATION: On August DATES: We must receive your comments
will be installed in other makes and
9, 2006, we published in the Federal by November 29, 2006. models of airplanes. We have made the
Register (71 FR 45439–45444, Docket ADDRESSES: You must mail two copies determination to require special
No. APHIS–2006–0026) a proposal to of your comments to: Federal Aviation conditions for all applications
remove several restrictions regarding the Administration, Transport Airplane requesting the installation of seats with
identification of animals and the Directorate, Attn: Rules Docket (ANM– non-traditional, large, non-metallic
processing of ruminant materials from 113), Docket No. NM359, 1601 Lind panels until the airworthiness
BSE minimal-risk regions, as well as Avenue SW., Renton, Washington, requirements can be revised to address
BSE-based restrictions on gelatin 98057–3356. You may deliver two this issue. Having the same standards
derived from bovine hides. copies to the Transport Airplane
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across the range of airplane makes and


Comments on the proposed rule were Directorate at the above address. You models will ensure a level playing field
required to be received on or before must mark your comments: Docket No. for the aviation industry.
October 10, 2006. We are reopening the NM359. You can inspect comments in
comment period on Docket No. APHIS– the Rules Docket weekdays, except Background
2006–0026 for an additional 14 days. Federal holidays, between 7:30 a.m. and On August 8, 2005, Boeing
This action will allow interested 4 p.m. Commercial Airplanes, P.O. Box 3707,

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65760 Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules

Seattle, Washington 98124, applied for 25–91, for the Models 737–700, –700C, standards for seat designs that
a design change to Type Certificate No. –800, –900, and –900ER, with the incorporate non-traditional, large, non-
A16WE for installation of seats that exceptions listed: Section 25.853(d)(3), metallic panels in their designs. In order
include non-traditional, large, non- Compartment interiors, at Amendment to provide a level of safety that is
metallic panels in Boeing Model 737– 25–72; and equivalent safety findings, equivalent to that afforded to the
700 series airplanes. The Boeing Model § 25.853(f) Compartment interiors. balance of the cabin, additional
737 series airplanes, currently approved In addition, the certification basis airworthiness standards, in the form of
under Type Certificate No. A16WE, are includes certain special conditions, special conditions, are necessary. These
swept-wing, conventional-tail, twin- exemptions, or later amended sections special conditions supplement § 25.853.
engine, turbofan-powered, single aisle, of the applicable part that are not The requirements contained in these
medium sized transport category relevant to these proposed special special conditions consist of applying
airplanes. conditions. the identical test conditions required of
The applicable regulations to If the Administrator finds that the all other large panels in the cabin, to
airplanes currently approved under applicable airworthiness regulations seats with non-traditional, large, non-
Type Certificate No. A16WE do not (i.e., 14 CFR part 25) do not contain metallic panels.
require seats to meet the more stringent adequate or appropriate safety standards
flammability standards required of Discussion
for the Boeing Model 737 series
large, non-metallic panels in the cabin airplanes because of a novel or unusual In the early 1980s the FAA conducted
interior. At the time the applicable rules design feature, special conditions are extensive research on the effects of post-
were written, seats were designed with prescribed under the provisions of crash flammability in the passenger
a metal frame covered by fabric, not § 21.16. cabin. As a result of this research and
with large, non-metallic panels. Seats In addition to the applicable service experience, we adopted new
also met the then recently adopted airworthiness regulations and special standards for interior surfaces
standards for flammability of seat conditions, the Boeing Model 737 series associated with large surface area parts.
cushions. With the seat design being airplanes must comply with the fuel Specifically, the rules require
mostly fabric and metal, the vent and exhaust emission requirements measurement of heat release and smoke
contribution to a fire in the cabin had of 14 CFR part 34 and the noise emission (part 25, Appendix F, parts IV
been minimized and was not considered certification requirements of 14 CFR and V) for the affected parts. Heat
a threat. For these reasons, seats did not part 36. release has been shown to have a direct
need to be tested to heat release and The FAA issues special conditions, as correlation with post-crash fire survival
smoke emission requirements. defined in § 11.19 and they become part time. Materials that comply with the
Seat designs have now evolved to of the type certification basis under standards (i.e., § 25.853 entitled
occasionally include non-traditional, § 21.101. ‘‘Compartment interiors’’ as amended by
large, non-metallic panels. Taken in Special conditions are initially Amendment 25–61 and Amendment
total, the surface area of these panels is applicable to the model for which they 25–66) extend survival time by
on the same order as the sidewall and are issued. Should the type certificate approximately 2 minutes, over materials
overhead stowage bin interior panels. for that model be amended later to that do not comply.
To provide the level of passenger include any other model that At the time these standards were
protection intended by the incorporates the same or similar novel written the potential application of the
airworthiness standards, these non- or unusual design feature, or should any requirements of heat release and smoke
traditional, large, non-metallic panels in other model already included on the emission to seats was explored. The seat
the cabin must meet the standards of same type certificate be modified to frame itself was not a concern because
Title 14 Code of Federal Regulations incorporate the same or similar novel or it was primarily made of aluminum and
(CFR), part 25, Appendix F, parts IV and unusual design feature, the special there were only small amounts of non-
V, heat release and smoke emission conditions would also apply to the other metallic materials. It was determined
requirements. model under § 21.101. that the overall effect on survivability
was negligible, whether or not the food
Type Certification Basis Novel or Unusual Design Features trays met the heat release and smoke
Under the provisions of 14 CFR The Boeing Model 737 series requirements. The requirements
21.101, Boeing must show that the airplanes will incorporate the following therefore did not address seats. The
Model 737 series airplanes, as changed, novel or unusual design features: preambles to both the Notice of
continue to meet the applicable These models offer interior Proposed Rule Making (NPRM), Notice
provisions of the regulations arrangements that include passenger No. 85–10 (50 FR 15038, April 16, 1985)
incorporated by reference in Type seats that incorporate non-traditional, and the Final Rule at Amendment 25–
Certificate No. A16WE, or the applicable large, non-metallic panels in lieu of the 61 (51 FR 26206, July 21, 1986),
regulations in effect on the date of traditional metal frame covered by specifically note that seats were
application for the change. The fabric. The flammability properties of excluded ‘‘because the recently adopted
regulations incorporated by reference in these panels have been shown to standards for flammability of seat
the type certificate are commonly significantly affect the survivability of cushions will greatly inhibit
referred to as the ‘‘original type the cabin in the case of fire. These seats involvement of the seats.’’
certification basis.’’ The regulations are considered a novel design for Subsequently, the Final Rule at
incorporated by reference in Type transport category airplanes that include Amendment 25–83 (60 FR 6615, March
Certificate No. A16WE are as follows: 6, 1995) clarified the definition of
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Amendment 25–61 and Amendment


Title 14 CFR part 25, as amended by 25–66 in the certification basis, and minimum panel size: ‘‘It is not possible
Amendment 25–1 through Amendment were not considered when those to cite a specific size that will apply in
25–15, for the Models 737–200, –200C, airworthiness standards were all installations; however, as a general
–300, –400, –500, and –600. Title 14 established. rule, components with exposed-surface
CFR part 25, as amended by The existing regulations do not areas of one square foot or less may be
Amendment 25–1 through Amendment provide adequate or appropriate safety considered small enough that they do

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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules 65761

not have to meet the new standards. caps, armrest close-outs such as end the average minimum panel size in the
Components with exposed-surface areas bays and center consoles, food trays, balance of the cabin interior. Therefore,
greater than two square feet may be video monitors and shrouds. we are allowing up to 1.5 square feet of
considered large enough that they do non-traditional, non-metallic, panel
Clarification of ‘‘Exposed’’
have to meet the new standards. Those material per seat place in total to be
with exposed-surface areas greater than Exposed is considered to include excluded from the heat release and
one square foot, but less than two square those panels directly exposed to the smoke emission standards. However,
feet, must be considered in conjunction passenger cabin in the traditional sense, this exclusion [from heat release and
with the areas of the cabin in which plus those panels enveloped such as by smoke emission] does not provide the
they are installed before a determination a dress cover. Traditional fabrics or excluded material additional relief from
could be made.’’ leathers currently used on seats are the other standards such as Title 14 CFR
In the late 1990s, the FAA issued excluded from these special conditions. part 25, Appendix F, parts I and II.
Policy Memorandum 97–112–39, These materials must still comply with However, non-traditional, large, non-
‘‘Guidance for Flammability Testing of § 25.853(a) and § 25.853(c) if used as a metallic panels covered with traditional
Seat/Console Installations,’’ October 17, covering for a seat cushion, or fabrics or leathers will be tested without
1997 (http://www.airweb.faa.gov/ § 25.853(a) if installed elsewhere on the their coverings. These coverings must
Regulatory_and_Guidance_Library/ seat. Non-traditional, large, non-metallic still comply with § 25.853(a) and
rgPolicy.nsf/0/ panels covered with traditional fabrics § 25.853(c) if used as a covering for a
180fc146e245add486256d49006d29bd/ or leathers will be tested without their seat cushion, or § 25.853(a) if installed
$FILE/Oct1797.pdf). That memo was coverings. elsewhere on the seat.
issued when it became clear that seat We recognize different manufacturing
Applicability
designs were evolving to include large techniques have associated cost
non-metallic panels with surface areas As discussed above, these special differences and therefore are allowing
that would impact survivability during conditions are applicable to Boeing the applicant to designate which non-
a cabin fire event, comparable to Model 737 series airplanes. Although traditional, non-metallic panels
partitions or galleys. The memo noted the heat release and smoke testing comprise the 1.5 square foot exclusion.
that large surface area panels must requirements of § 25.853 per Appendix This determination will allow for
comply with heat release and smoke F, parts IV and V, are not part of the part flexibility in design and a
emission requirements, even if they 25 certification basis for the Model 737– manufacturing cost savings.
were attached to a seat. If the FAA had 200, –200C, –300, –400, –500, and –600,
not issued such policy, seat designs these special conditions are applicable List of Subjects in 14 CFR Part 25
could have been viewed as a loophole if the airplanes are in 14 CFR part 121 Aircraft, Aviation safety, Reporting
to the airworthiness standards that service. Part 121 requires applicable and recordkeeping requirements.
would result in an unacceptable interior panels to comply with § 25.853,
The authority citation for these
decrease in survivability during a cabin Appendix F, parts IV and V, regardless
special conditions is as follows:
fire event. of the certification basis. It is not our
In October of 2004, an issue was intent to require seats with large non- Authority: 49 U.S.C. 106(g), 40113, 44701,
raised regarding the appropriate metallic panels to meet § 25.853, 44702, 44704.
flammability standards for passenger Appendix F, parts IV and V, if they are The Proposed Special Conditions
seats that incorporated non-traditional, installed in cabins of airplanes that
large, non-metallic panels in lieu of the otherwise are not required to meet these Accordingly, the Federal Aviation
traditional metal covered by fabric. The standards. Should Boeing apply at a Administration (FAA) proposes the
Seattle Aircraft Certification Office and later date for a change to the type following special conditions as part of
Transport Standards Staff reviewed this certificate to include another model the type certification basis for Boeing
design and determined that it incorporating the same novel or unusual Model 737 series airplanes.
represented the kind and quantity of design feature, the special conditions 1. Except as provided in paragraph 3
material that should be required to pass would apply to that model as well. of these special conditions, compliance
the heat release and smoke emissions Certification of the Boeing Model with Title 14 CFR part 25, Appendix F,
requirements. We have determined that 737–900ER is currently scheduled for parts IV and V, heat release and smoke
special conditions would be February 2007. Because a delay would emission, is required for seats that
promulgated to apply the standards significantly affect the applicant’s incorporate non-traditional, large, non-
defined in 14 CFR 25.853(d) to seats installation of the affected seats and metallic panels that may either be a
with large non-metallic panels in their certification of the airplane, the public single component or multiple
design. comment period is shortened to 20 days. components in a concentrated area in
their design.
Definition of ‘‘Non-Traditional, Large, Conclusion 2. The applicant may designate up to
Non-Metallic Panel’’ This action affects only certain novel and including 1.5 square feet of non-
A non-traditional, large, non-metallic or unusual design features on one model traditional, non-metallic panel material
panel, in this case, is defined as a panel series of airplanes. It is not a rule of per seat place that does not have to
with exposed-surface areas greater than general applicability. comply with special condition Number
1.5 square feet installed per seat place. Based on the above reasoning, we find 1, above. A triple seat assembly may
The panel may consist of either a single that the intent of the [heat release and have a total of 4.5 square feet excluded
component or multiple components in a smoke emission] standards is to include on any portion of the assembly (e.g.,
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concentrated area. Examples of non- minimum panel sizes on the order of outboard seat place 1 square foot,
traditional areas include, but are not one to two square feet. This panel size middle 1 square foot, and inboard 2.5
limited to: seat backs, bottoms and leg/ sets the acceptable level of safety in the square feet).
foot rests, kick panels, back shells and cabin. The intent of these special 3. Seats do not have to meet the test
associated furniture. Examples of conditions is to maintain this accepted requirements of Title 14 CFR part 25,
traditional exempted areas include: arm level of safety and be consistent with Appendix F, parts IV and V, when

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65762 Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules

installed in compartments that are not U.S. postal mail in the Washington area Register that, among other things,
otherwise required to meet these and at the Commission is subject to announced two proposals to amend the
requirements. Examples include: delay due to heightened security Telemarketing Sales Rule (‘‘TSR’’) by (1)
a. Airplanes with passenger capacities precautions. Comments containing making explicit the prohibition,
of 19 or less, confidential material, however, must be currently implied in the TSR’s ‘‘call
b. Airplanes that do not have smoke filed in paper form, must be clearly abandonment’’ provisions, against the
and heat release in their certification labeled ‘‘Confidential,’’ and must use of prerecorded messages in
basis and do not need to comply with comply with Commission Rule 4.9(c), telemarketing calls answered by a
the requirements per 14 CFR 121.312, which requires that the comment be person without that person’s prior
and accompanied by an explicit request for
c. Airplanes exempted from smoke consent to receive such calls; and (2)
confidential treatment, including the modifying the method for measuring the
and heat release requirements. factual and legal basis for the request, maximum allowable call abandonment
Issued in Renton, Washington, on October and must identify the specific portions
rate in the TSR’s call abandonment safe
27, 2006. of the comment to be withheld from the
harbor. The notice set forth the text of
Kalene C. Yanamura, public record. The request will be
granted or denied by the Commission’s the proposed amendments and posed a
Acting Manager, Transport Airplane
General Counsel, consistent with series of questions designed to elicit
Directorate, Aircraft Certification Service.
applicable law and the public interest. public comment. The notice provided
[FR Doc. E6–18906 Filed 11–8–06; 8:45 am]
See Commission Rule 4.9(c), 16 CFR for a 30-day comment period, which
BILLING CODE 4910–13–P
4.9(c). will end on November 6, 2006.
Comments filed in electronic form On October 30, 2006, the Commission
FEDERAL TRADE COMMISSION should be submitted by visiting the Web received a request from the Direct
site at https:// Marketing Association (‘‘DMA’’) seeking
16 CFR Part 310 secure.commentworks.com/ftc-tsr and a 40-day extension of the comment
following the instructions on the Web- period, which would expire on
RIN 3084–0098 based form. To ensure that the December 18, 2006. In support of its
Commission considers an electronic extension request, DMA argued that the
Telemarketing Sales Rule
comment, you must file it on the web- proposed amendments ‘‘represent a
AGENCY: Federal Trade Commission. based form at the https:// departure from [the Commission’s] prior
ACTION: Extension of period to submit secure.commentworks.com/ftc-tsr Web
proposal to allow the types of calls it
comments in response to proposed site. You may also visit http://
now proposes to prohibit,’’ and that
amendments to the Telemarketing Sales www.regulations.gov, to read the
DMA needs the additional time to
Rule (‘‘TSR’’). proposed amendments and file an
electronic comment through that Web ‘‘compile information from its members
SUMMARY: In a Federal Register notice site. The Commission will consider all to submit into the record that is
published on October 4, 2006, 71 FR comments that regulations.gov forwards essential to the Commission’s
58716, the FTC requested comment on to it. proposals.’’
two proposed amendments to the TSR. The FTC Act and other laws the The Commission believes that the
The Notice stated that comments must Commission administers permit the request for a 40-day extension of the
be submitted on or before November 6, collection of public comments to deadline for receipt of public comments
2006. In response to a request for an consider and use in this proceeding as is reasonable. Moreover, as the request
extension of the comment period appropriate. The Commission will notes, ‘‘there will be no change to the
received on October 30, 2006, the consider all timely and responsive status quo with an extension’’ because
Commission has extended the comment public comments that it receives, ‘‘consumers will receive the same
period for an additional 40 days. whether filed in paper or electronic protections they have received since the
DATES: Comments addressing the form. Comments received will be Commission’s prior proposal.’’ 1
proposed TSR amendments must be available to the public on the FTC Web Accordingly, the Commission has
submitted on or before December 18, site, to the extent practicable, at http://
determined to extend the comment
2006. www.ftc.gov. As a matter of discretion,
period for an additional 40 days. The
ADDRESSES: Interested parties are the FTC makes every effort to remove
Commission therefore will accept
invited to submit written comments. home contact information for
individuals from public comments it comments received on or before
Comments should refer to ‘‘TSR Monday, December 18, 2006.
Prerecorded Call Prohibition and Call receives before placing those comments
Abandonment Standard Modification, on the FTC Web site. More information, By direction of the Commission.
Project No. R411001’’ to facilitate the including routine uses permitted by the Donald S. Clark,
organization of comments. A comment Privacy Act, may be found in the FTC’s Secretary.
filed in paper form should include this privacy policy, at http://www.ftc.gov/
[FR Doc. E6–19012 Filed 11–8–06; 8:45 am]
reference both in the text and on the ftc/Privacy.htm.
BILLING CODE 6750–01–P
envelope, and should be mailed or FOR FURTHER INFORMATION CONTACT:
delivered, with two complete copies, to Craig Tregillus, (202) 326–2970,
the following address: Federal Trade Division of Marketing Practices, Bureau
Commission, Office of the Secretary, of Consumer Protection, Room H–288,
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Room H–135 (Annex K), 600 Federal Trade Commission, 600


Pennsylvania Avenue, NW., Pennsylvania Avenue, NW., 1 The requested extension will not alter the
Washington, DC 20580. The FTC is Washington, DC 20580.
expiration on January 2, 2007, of the Commission’s
requesting that any comment filed in SUPPLEMENTARY INFORMATION: On policy of forbearing to bring enforcement actions
paper form be sent by courier or October 4, 2006, the Commission against sellers and telemarketers using prerecorded
overnight service, if possible, because published a notice in the Federal messages that violate the TSR.

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