449 

Federal Aviation Administration, DOT 

§ 135.170 

large airplane unless it meets the fol-
lowing additional airworthiness re-
quirements: 

(1) Except for those materials cov-

ered by paragraph (b)(2) of this section, 
all materials in each compartment 
used by the crewmembers or passengers 
must meet the requirements of § 25.853 
of this chapter in effect as follows or 
later amendment thereto: 

(i) Except as provided in paragraph 

(b)(1)(iv) of this section, each airplane 
with a passenger capacity of 20 or more 
and manufactured after August 19, 1988, 
but prior to August 20, 1990, must com-
ply with the heat release rate testing 
provisions of § 25.853(d) in effect March 
6, 1995 (formerly § 25.853(a–1) in effect 
on August 20, 1986), except that the 
total heat release over the first 2 min-
utes of sample exposure rate must not 
exceed 100 kilowatt minutes per square 
meter and the peak heat release rate 
must not exceed 100 kilowatts per 
square meter. 

(ii) Each airplane with a passenger 

capacity of 20 or more and manufac-
tured after August 19, 1990, must com-
ply with the heat release rate and 
smoke testing provisions of § 25.853(d) 
in effect March 6, 1995 (formerly 
§ 25.83(a–1) in effect on September 26, 
1988). 

(iii) Except as provided in paragraph 

(b)(1) (v) or (vi) of this section, each 
airplane for which the application for 
type certificate was filed prior to May 
1, 1972, must comply with the provi-
sions of § 25.853 in effect on April 30, 
1972, regardless of the passenger capac-
ity, if there is a substantially complete 
replacement of the cabin interior after 
April 30, 1972. 

(iv) Except as provided in paragraph 

(b)(1) (v) or (vi) of this section, each 
airplane for which the application for 
type certificate was filed after May 1, 
1972, must comply with the material 
requirements under which the airplane 
was type certificated regardless of the 
passenger capacity if there is a sub-
stantially complete replacement of the 
cabin interior after that date. 

(v) Except as provided in paragraph 

(b)(1)(vi) of this section, each airplane 
that was type certificated after Janu-
ary 1, 1958, must comply with the heat 
release testing provisions of § 25.853(d) 
in effect March 6, 1995 (formerly 

§ 25.853(a–1) in effect on August 20, 1986), 
if there is a substantially complete re-
placement of the cabin interior compo-
nents identified in that paragraph on 
or after that date, except that the total 
heat release over the first 2 minutes of 
sample exposure shall not exceed 100 
kilowatt-minutes per square meter and 
the peak heat release rate shall not ex-
ceed 100 kilowatts per square meter. 

(vi) Each airplane that was type cer-

tificated after January 1, 1958, must 
comply with the heat release rate and 
smoke testing provisions of § 25.853(d) 
in effect March 6, 1995 (formerly 
§ 25.853(a–1) in effect on August 20, 1986), 
if there is a substantially complete re-
placement of the cabin interior compo-
nents identified in that paragraph after 
August 19, 1990. 

(vii) Contrary provisions of this sec-

tion notwithstanding, the Director of 
the division of the Aircraft Certifi-
cation Service responsible for the air-
worthiness rules may authorize devi-
ation from the requirements of para-
graph (b)(1)(i), (b)(1)(ii), (b)(1)(v), or 
(b)(1)(vi) of this section for specific 
components of the cabin interior that 
do not meet applicable flammability 
and smoke emission requirements, if 
the determination is made that special 
circumstances exist that make compli-
ance impractical. Such grants of devi-
ation will be limited to those airplanes 
manufactured within 1 year after the 
applicable date specified in this section 
and those airplanes in which the inte-
rior is replaced within 1 year of that 
date. A request for such grant of devi-
ation must include a thorough and ac-
curate analysis of each component sub-
ject to § 25.853(d) in effect March 6, 1995 
(formerly § 25.853(a–1) in effect on Au-
gust 20, 1986), the steps being taken to 
achieve compliance, and, for the few 
components for which timely compli-
ance will not be achieved, credible rea-
sons for such noncompliance. 

(viii) Contrary provisions of this sec-

tion notwithstanding, galley carts and 
standard galley containers that do not 
meet the flammability and smoke 
emission requirements of § 25.853(d) in 
effect March 6, 1995 (formerly § 25.853(a– 
1) in effect on August 20, 1986), may be 
used in airplanes that must meet the 
requirements of paragraph (b)(1)(i), 
(b)(1)(ii), (b)(1)(iv) or (b)(1)(vi) of this 

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