Special Conditions: Embraer S.A., Model ERJ 190-100 ECJ Airplane; Fire Protection, 45156-45158 [E8-17756]
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45156
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations
(2) The marketing order, as amended, and
as hereby further amended, regulates the
handling of almonds grown in the production
area in the same manner as, and is applicable
only to persons in the respective classes of
commercial and industrial activity specified
in the marketing order upon which hearings
have been held;
(3) The marketing order, as amended, and
as hereby further amended, is limited in
application to the smallest regional
production area which is practicable,
consistent with carrying out the declared
policy of the Act, and the issuance of several
orders applicable to subdivision of the
production area would not effectively carry
out the declared policy of the Act;
(4) The marketing order, as amended, and
as hereby further amended, prescribes,
insofar as practicable, such different terms
applicable to different parts of the production
area as are necessary to give due recognition
to the differences in the production and
marketing of almonds grown in the
production area; and
(5) All handling of almonds grown in the
production area is in the current of interstate
or foreign commerce or directly burdens,
obstructs, or affects such commerce.
(b) Additional Findings.
It is necessary and in the public interest to
make these amendments effective not later
than one day after publication in the Federal
Register. A later effective date would
unnecessarily delay implementation of the
new amendments. These amendments should
be in place as soon as possible as the new
crop year begins August 1. Making the
effective date one day after publication in the
Federal Register will allow the industry to
consider regulations implementing the new
order authorities at the beginning of the new
crop year, which would be beneficial to the
industry.
(c) Determinations. It is hereby determined
that:
(1) Handlers (excluding cooperative
associations of producers who are not
engaged in processing, distributing, or
shipping almonds covered by the order as
hereby amended) who, during the period
August 1, 2006, through July 31, 2007,
handled 50 percent or more of the volume of
such almonds covered by said order, as
hereby amended, have not signed an
amended marketing agreement; and,
(2) The issuance of this amendatory order,
further amending the aforesaid order, is
favored or approved by at least two-thirds of
the producers who participated in a
referendum on the question of approval and
who, during the period of August 1, 2006,
through July 31, 2007 (which has been
deemed to be a representative period), have
been engaged within the production area in
the production of such almonds, such
producers having also produced for market at
least two-thirds of the volume of such
commodity represented in the referendum;
and
(3) In the absence of a signed marketing
agreement, the issuance of this amendatory
order is the only practical means pursuant to
the declared policy of the Act of advancing
the interests of producers of almonds in the
production area.
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Order Relative to Handling of Almonds
Grown in California
It is therefore ordered, that on and
after the effective dates hereof, all
handling of almonds grown in
California shall be in conformity to, and
in compliance with, the terms and
conditions of the said order as hereby
amended as follows:
The provisions of the proposed order
further amending the order contained in
the Secretary’s Decision issued by the
Administrator on February 27, 2008,
and published in the Federal Register
on March 3, 2008 (73 FR 11360), shall
be and are the terms and provisions of
this order amending the order and set
forth in full herein.
List of Subjects in 7 CFR Part 981
Almonds, Marketing agreements,
Nuts, Reporting and recordkeeping
requirements.
PART 981—ALMONDS GROWN IN
CALIFORNIA
For the reasons set forth in the
preamble, Title 7 of Chapter XI of the
Code of Federal Regulations is amended
by amending part 981 to read as follows:
I 1. The authority citation for 7 CFR
part 981 continues to read as follows:
I
Authority: 7 U.S.C. 601–674.
2. Amend paragraph (b) of § 981.42 by
adding the following sentence before the
last sentence to read as follows:
I
§ 981.42
Quality control.
*
*
*
*
*
(b) * * * The Board may, with the
approval of the Secretary, establish
different outgoing quality requirements
for different markets. * * *
3. Add a new § 981.43 to read as
follows:
I
§ 981.43
Marking or labeling of containers.
The Board may, with the approval of
the Secretary, establish regulations to
require handlers to mark or label their
containers that are used in packaging or
handling of bulk almonds. For purposes
of this section, container means a box,
bin, bag, carton, or any other type of
receptacle used in the packaging or
handling of bulk almonds.
Dated: July 30, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–17827 Filed 8–1–08; 8:45 am]
BILLING CODE 3410–02–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM390; Special Conditions No.
25–372–SC]
Special Conditions: Embraer S.A.,
Model ERJ 190–100 ECJ Airplane; Fire
Protection
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
SUMMARY: These special conditions are
issued for the Embraer S.A., Model ERJ
190–100 ECJ airplane. This airplane has
a novel or unusual design feature, in
that it features multiple electrical/
electronic equipment bays that are
located throughout the airplane. 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.
DATES: Effective Date: September 3,
2008.
FOR FURTHER INFORMATION CONTACT:
Stephen Happenny, FAA, Propulsion/
Mechanical Branch, ANM–112,
Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone 425–227–2147;
facsimile 425–227–1232.
SUPPLEMENTARY INFORMATION:
Background
Embraer S.A., made the original
application for certification of the
Model ERJ 190 on May 20, 1999. The
Embraer application includes six
different models, the initial variant
being designated as the Model ERJ 190–
100. The application was submitted
concurrently with that for the Model
ERJ 170–100, which received an FAA
type certificate (TC) on February 20,
2004. Although the applications were
submitted as two distinct TCs, the
airplanes share the same conceptual
design and general configuration. On
July 2, 2003, Embraer S.A., submitted a
request for an extension of its original
application for the Model ERJ 190
series, with a new application date of
May 30, 2001, for establishing the type
certification basis. The FAA
certification basis was adjusted to reflect
this new application date. In addition,
Embraer has elected to voluntarily
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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations
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comply with certain 14 CFR part 25
amendments introduced after the May
30, 2001, application date.
On May 30, 2001, Embraer S.A.,
amended the application to include the
Model ERJ 190–100 ECJ. The Model ERJ
190–100 ECJ is a derivative of the Model
ERJ 190 which is approved under Type
Certificate No. A57NM. The Model ERJ
190–100 ECJ is a low wing, transportcategory airplane powered by two wingmounted General Electric CF34–10E6
turbofan engines. The airplane is a 19
passenger regional jet with a maximum
takeoff weight of 54,500 kilograms
(120,151 pounds). The maximum
operating altitude and speed are 41,000
feet and 320 knots calibrated air speed
(KCAS)/0.82 MACH, respectively. The
Model ERJ 190–100 ECJ design includes
multiple electrical/electronic equipment
bays that are located throughout the
airplane.
Type Certification Basis
Under the provisions of § 21.101,
Embraer S.A. must show that the Model
ERJ 190–100 ECJ meets the applicable
provisions of the regulations
incorporated by reference in Type
Certificate No. A57NM or the applicable
regulations in effect on the date of
application for the change to the Model
ERJ 190–100 ECJ. The regulations
incorporated by reference in the type
certificate are commonly referred to as
the ‘‘original type certification basis.’’
If the Administrator finds that the
applicable airworthiness regulations
(i.e., part 25) do not contain adequate or
appropriate safety standards for the
Model ERJ 190–100 ECJ because of a
novel or unusual design feature, special
conditions are prescribed under the
provisions of § 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Model ERJ 190–100 ECJ
must comply with the fuel vent and
exhaust emission requirements of 14
CFR part 34 and the noise certification
requirements of 14 CFR part 36.
The FAA issues special conditions, as
defined in § 11.19, under § 11.38, and
they become part of the type
certification basis under § 21.101.
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 or similar novel
or unusual design feature, or should any
other model already included on the
same type certificate be modified to
incorporate the same or similar novel or
unusual design feature, the special
conditions would also apply to the other
model under § 21.101.
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Novel or Unusual Design Features
The Embraer S.A., Model ERJ 190–100
ECJ will incorporate the following novel
or unusual design feature: Multiple
electrical/electronic equipment bays
located in the lower lobe and on the
main deck of the airplane. These bays
are an unusual design relative to those
which have been previously certificated
under 14 CFR part 25. The number and
location of the electrical/electronic
equipment bays on the Model ERJ 190–
100 ECJ may contribute to an increased
risk of smoke affecting passengers and
crew.
Discussion
Section 25.855 contains the material
standards and design considerations for
cargo compartment interiors; the
statement that each cargo compartment
must meet one of the class requirements
of § 25.857; and the flight tests which
must be conducted for certification.
Section 25.857 provides the standards
for the various classes of transport
category airplane cargo compartments
including a smoke detector; means to
shutoff the ventilating airflow; and a
means to exclude hazardous quantities
of smoke or fire extinguishing agent
from penetrating into occupied areas of
the airplane. Section 25.858 requires
certain provisions be made for smoke
detection. However, there are no
requirements that address the following:
• Preventing hazardous quantities of
smoke or extinguishing agent
originating from the electrical/electronic
equipment bays from penetrating into
occupied areas of the airplane; or
• Installing smoke or fire detectors in
electrical/electronic equipment bays.
Generally, transport category
airplanes have one or two electrical/
electronic equipment bays located in the
lower lobe, adjacent to pressure
regulator/outflow valves. If there were
smoke in an electrical/electronic
equipment bay, in most cases it is
expected to be drawn toward the
outflow valves and be discharged from
the airplane without entering occupied
areas. In the Model ERJ 190–100 ECJ,
the electrical/electronic equipment bays
are distributed throughout the airplane.
Only those equipment bays located in
the lower lobe of the airplane are
considered to be adjacent to pressure
regulator/outflow valves.
For this combination of electrical/
electronic equipment bays distributed
throughout the airplane the applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
regarding smoke detection and control
of smoke penetration. Based upon its
review of incidents of smoke in the
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45157
passenger cabin, the FAA determined
that an airplane with electrical/
electronic equipment bays located
below, on, and above the main deck of
an airplane presents a greater risk of
smoke penetration than older designs
with electrical/electronic bays only in
the lower lobe adjacent to pressure
regulator/outflow valves.
In the event of a fire, airplanes with
older designs rely upon ‘‘trial and error’’
to determine whether the source of fire
or smoke is in the electrical/electronic
equipment bay. Typically, this involves
the pilots following approved
procedures in the Airplane Flight
Manual. Those procedures may involve
shutting down power to the avionics
equipment in one electrical/electronic
equipment bay and reconfiguring the
airplane’s environmental control system
(e.g., shutting down the recirculation
fan) to see whether the amount of smoke
in the flightdeck or passenger
compartment is reduced or eliminated.
If these actions do not eliminate the
smoke, the flight crew may turn the
power back on in the one electrical/
electronic equipment bay, shut it off in
the other equipment bay, and
reconfigure the environmental control
system again to see whether the smoke
is now reduced or eliminated.
This approach may be acceptable for
airplanes with no more than two
electrical/electronic equipment bays,
both located in the lower lobe. In that
case, there are only two options: The
smoke or fire in an electrical/electronic
equipment bay is in either one or the
other. However, for an airplane with
electrical/electronic equipment bays
located below, on, and above decks, this
approach is not sufficient, because—in
the time it takes to determine the source
of smoke—a fire could spread and the
quantity of smoke could increase
significantly.
Furthermore, the ‘‘trial and error’’
approach raises concern over the lack of
informational awareness that a flight
crew would have should smoke
penetration occur. Many factors—
including the airflow pattern,
configuration changes in the
environmental control system, potential
leak paths, and location of outflow/
regulator valves—would make it
difficult to identify a smoke source,
especially during flight or system
transients, such as climbing/descending
or changes in ventilation.
The FAA believes that smoke
detectors are needed in all electrical/
electronic equipment bays on the Model
ERJ 190–100 ECJ to ensure that the
flightcrew can make an informed
decision as to the source of smoke and
can shut down the specific electrical/
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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations
electronic equipment bay from which
the smoke is coming.
These special conditions, therefore,
require that there be a smoke or fire
detection system in each electrical/
electronic equipment bay. They also
include requirements to prevent
propagation of hazardous quantities of
smoke or fire extinguishing agent
between or throughout the passenger
cabins on the main deck and the upper
deck.
Discussion of Comments
Notice of proposed special conditions
No. 25–08–04–SC for the Embraer S.A.,
Model ERJ 190–100 ECJ airplanes was
published in the Federal Register on
April 21, 2008 (73 FR 21288). A
comment was received was in favor of
the proposed special conditions and
these special conditions were adopted
as proposed with one correction as
defined below.
During a review of the Notice of
proposed special conditions No. 25–08–
04–SC for the Embraer S.A., Model ERJ
190–100 ECJ airplanes, the FAA noted
that the proposed flight test special
condition demonstrating that only a
‘‘small quantity’’ of smoke may enter an
occupied area from an electrical/
electronic equipment bay is not
consistent with the ‘‘Discussion’’
section of the document. The
‘‘Discussion’’ section clearly states that
electrical/electronic equipment bays
located below, on, and above the main
deck of an airplane present a greater risk
of smoke penetration than older designs.
The proposed flight test special
condition was inadvertently limited to
smoke penetration flight tests for
electrical/electronic equipment bays
located on the main deck of the
airplane. The final special condition has
been corrected to reflect the FAA’s
original intent to require smoke
penetration flight tests from all
electrical/electronic equipment bay
locations.
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Applicability
As discussed above, these special
conditions are applicable to the Embraer
S.A., Model ERJ 190–100 ECJ airplanes.
Should Embraer S.A., apply at a later
date for a change to the type certificate
to include another model on the same
type certificate incorporating the same
novel or unusual design feature, the
special conditions would apply to that
model as well.
Conclusion
This action affects only certain novel
or unusual design features on Model ERJ
190–100 ECJ airplanes. It is not a rule
of general applicability.
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List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
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 Embraer S.A., Model ERJ 190–
100 ECJ airplanes.
1. Requirements to prevent
propagation of smoke or extinguishing
agents from entering the flight deck and
passenger cabin:
(a) To prevent such propagation the
following must be demonstrated: A
means to prevent hazardous quantities
of smoke or extinguishing agent
originating from the electrical
equipment bays from incapacitating
passengers and crew.
(b) A ‘‘small quantity’’ of smoke may
enter an occupied area only under the
following conditions:
(1) The smoke enters occupied areas
during system transients 1 from a source
located below the flight deck and
passenger cabin or on the same level as
the flight deck and passenger cabin. No
sustained smoke penetration beyond
that from environmental control system
transients is permitted.
(2) Penetration of the small quantity
of smoke is a dynamic event, involving
either dissipation or mobility.
Dissipation is rapid dilution of the
smoke by ventilation air, and mobility is
rapid movement of the smoke into and
out of the occupied area. In no case
should there be formation of a light haze
indicative of stagnant airflow, as this
would indicate that the ventilation
system is failing to meet the
requirements of § 25.831(b).
(3) The smoke from a smoke source
below the flight deck and passenger
cabin must not rise above armrest
height.
(4) The smoke from a source in an
electrical/electronic equipment bay
I
1 Transient
airflow conditions may cause air
pressure differences between compartments, before
the ventilation and pressurization system is
reconfigured. Additional transients occur during
changes to system configurations such as pack shutdown, fan shut-down, or changes in cabin altitude;
transition in bleed source change, such as from
intermediate stage to high stage bleed air; and cabin
pressurization ‘‘fly-through’’ during descent may
reduce air conditioning inflow. Similarly, in the
event of a fire, a small quantity of smoke that
penetrates into an occupied area before the
ventilation system is reconfigured would be
acceptable under certain conditions described
within this special condition.
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must dissipate rapidly via dilution with
fresh air and be evacuated from the
airplane. A procedure must be included
in the Airplane Flight Manual to
evacuate smoke from the occupied areas
of the airplane. In order to demonstrate
that the quantity of smoke is small, a
flight test must be conducted which
simulates the emergency procedures
used in the event of a fire during flight,
including the use of Vmo/Mmo descent
profiles and a simulated landing, if such
conditions are specified in the
emergency procedure.
2. Requirement for fire detection in
electrical/electronic equipment bays:
(a) A smoke or fire detection system
compliant with §§ 25.858 and 25.855
must be provided that will detect fire/
smoke within each electrical/electronic
equipment bay.
(b) Each system must provide a visual
indication to the flight deck within one
minute after the start of a fire in an
electrical/electronic equipment bay.
(c) Airplane flight tests must be
conducted to show compliance with
these requirements, and the
performance of the smoke or fire
detectors must be shown in accordance
with guidance provided in the latest
version of Advisory Circular 25–9, or
other means acceptable to the FAA.
(d) A procedure to shut down all nonessential systems in the electrical/
electronic equipment bays following a
smoke detection in any electrical/
electronic equipment bay must be
included in the Airplane Flight Manual.
Issued in Renton, Washington, on July 22,
2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–17756 Filed 8–1–08; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0003; FRL–8696–3]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving a revision to
the Illinois State Implementation Plan
(SIP) for ozone. The state is
incorporating revisions EPA made to its
definition of volatile organic compound
(VOC). This SIP revision adds one
compound to the list of compounds that
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]]>Agencies
[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Rules and Regulations]
[Pages 45156-45158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17756]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM390; Special Conditions No. 25-372-SC]
Special Conditions: Embraer S.A., Model ERJ 190-100 ECJ Airplane;
Fire Protection
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
-----------------------------------------------------------------------
SUMMARY: These special conditions are issued for the Embraer S.A.,
Model ERJ 190-100 ECJ airplane. This airplane has a novel or unusual
design feature, in that it features multiple electrical/electronic
equipment bays that are located throughout the airplane. 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.
DATES: Effective Date: September 3, 2008.
FOR FURTHER INFORMATION CONTACT: Stephen Happenny, FAA, Propulsion/
Mechanical Branch, ANM-112, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone 425-227-2147; facsimile 425-227-1232.
SUPPLEMENTARY INFORMATION:
Background
Embraer S.A., made the original application for certification of
the Model ERJ 190 on May 20, 1999. The Embraer application includes six
different models, the initial variant being designated as the Model ERJ
190-100. The application was submitted concurrently with that for the
Model ERJ 170-100, which received an FAA type certificate (TC) on
February 20, 2004. Although the applications were submitted as two
distinct TCs, the airplanes share the same conceptual design and
general configuration. On July 2, 2003, Embraer S.A., submitted a
request for an extension of its original application for the Model ERJ
190 series, with a new application date of May 30, 2001, for
establishing the type certification basis. The FAA certification basis
was adjusted to reflect this new application date. In addition, Embraer
has elected to voluntarily
[[Page 45157]]
comply with certain 14 CFR part 25 amendments introduced after the May
30, 2001, application date.
On May 30, 2001, Embraer S.A., amended the application to include
the Model ERJ 190-100 ECJ. The Model ERJ 190-100 ECJ is a derivative of
the Model ERJ 190 which is approved under Type Certificate No. A57NM.
The Model ERJ 190-100 ECJ is a low wing, transport-category airplane
powered by two wing-mounted General Electric CF34-10E6 turbofan
engines. The airplane is a 19 passenger regional jet with a maximum
takeoff weight of 54,500 kilograms (120,151 pounds). The maximum
operating altitude and speed are 41,000 feet and 320 knots calibrated
air speed (KCAS)/0.82 MACH, respectively. The Model ERJ 190-100 ECJ
design includes multiple electrical/electronic equipment bays that are
located throughout the airplane.
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer S.A. must show that
the Model ERJ 190-100 ECJ meets the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A57NM or
the applicable regulations in effect on the date of application for the
change to the Model ERJ 190-100 ECJ. The regulations incorporated by
reference in the type certificate are commonly referred to as the
``original type certification basis.''
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25) do not contain adequate or appropriate
safety standards for the Model ERJ 190-100 ECJ 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 ERJ 190-100 ECJ must comply with the fuel vent
and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
The FAA issues special conditions, as defined in Sec. 11.19, under
Sec. 11.38, and they become part of the type certification basis under
Sec. 21.101.
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 or similar
novel or unusual design feature, or should any other model already
included on the same type certificate be modified to incorporate the
same or similar novel or unusual design feature, the special conditions
would also apply to the other model under Sec. 21.101.
Novel or Unusual Design Features
The Embraer S.A., Model ERJ 190-100 ECJ will incorporate the
following novel or unusual design feature: Multiple electrical/
electronic equipment bays located in the lower lobe and on the main
deck of the airplane. These bays are an unusual design relative to
those which have been previously certificated under 14 CFR part 25. The
number and location of the electrical/electronic equipment bays on the
Model ERJ 190-100 ECJ may contribute to an increased risk of smoke
affecting passengers and crew.
Discussion
Section 25.855 contains the material standards and design
considerations for cargo compartment interiors; the statement that each
cargo compartment must meet one of the class requirements of Sec.
25.857; and the flight tests which must be conducted for certification.
Section 25.857 provides the standards for the various classes of
transport category airplane cargo compartments including a smoke
detector; means to shutoff the ventilating airflow; and a means to
exclude hazardous quantities of smoke or fire extinguishing agent from
penetrating into occupied areas of the airplane. Section 25.858
requires certain provisions be made for smoke detection. However, there
are no requirements that address the following:
Preventing hazardous quantities of smoke or extinguishing
agent originating from the electrical/electronic equipment bays from
penetrating into occupied areas of the airplane; or
Installing smoke or fire detectors in electrical/
electronic equipment bays.
Generally, transport category airplanes have one or two electrical/
electronic equipment bays located in the lower lobe, adjacent to
pressure regulator/outflow valves. If there were smoke in an
electrical/electronic equipment bay, in most cases it is expected to be
drawn toward the outflow valves and be discharged from the airplane
without entering occupied areas. In the Model ERJ 190-100 ECJ, the
electrical/electronic equipment bays are distributed throughout the
airplane. Only those equipment bays located in the lower lobe of the
airplane are considered to be adjacent to pressure regulator/outflow
valves.
For this combination of electrical/electronic equipment bays
distributed throughout the airplane the applicable airworthiness
regulations do not contain adequate or appropriate safety standards
regarding smoke detection and control of smoke penetration. Based upon
its review of incidents of smoke in the passenger cabin, the FAA
determined that an airplane with electrical/electronic equipment bays
located below, on, and above the main deck of an airplane presents a
greater risk of smoke penetration than older designs with electrical/
electronic bays only in the lower lobe adjacent to pressure regulator/
outflow valves.
In the event of a fire, airplanes with older designs rely upon
``trial and error'' to determine whether the source of fire or smoke is
in the electrical/electronic equipment bay. Typically, this involves
the pilots following approved procedures in the Airplane Flight Manual.
Those procedures may involve shutting down power to the avionics
equipment in one electrical/electronic equipment bay and reconfiguring
the airplane's environmental control system (e.g., shutting down the
recirculation fan) to see whether the amount of smoke in the flightdeck
or passenger compartment is reduced or eliminated. If these actions do
not eliminate the smoke, the flight crew may turn the power back on in
the one electrical/electronic equipment bay, shut it off in the other
equipment bay, and reconfigure the environmental control system again
to see whether the smoke is now reduced or eliminated.
This approach may be acceptable for airplanes with no more than two
electrical/electronic equipment bays, both located in the lower lobe.
In that case, there are only two options: The smoke or fire in an
electrical/electronic equipment bay is in either one or the other.
However, for an airplane with electrical/electronic equipment bays
located below, on, and above decks, this approach is not sufficient,
because--in the time it takes to determine the source of smoke--a fire
could spread and the quantity of smoke could increase significantly.
Furthermore, the ``trial and error'' approach raises concern over
the lack of informational awareness that a flight crew would have
should smoke penetration occur. Many factors--including the airflow
pattern, configuration changes in the environmental control system,
potential leak paths, and location of outflow/regulator valves--would
make it difficult to identify a smoke source, especially during flight
or system transients, such as climbing/descending or changes in
ventilation.
The FAA believes that smoke detectors are needed in all electrical/
electronic equipment bays on the Model ERJ 190-100 ECJ to ensure that
the flightcrew can make an informed decision as to the source of smoke
and can shut down the specific electrical/
[[Page 45158]]
electronic equipment bay from which the smoke is coming.
These special conditions, therefore, require that there be a smoke
or fire detection system in each electrical/electronic equipment bay.
They also include requirements to prevent propagation of hazardous
quantities of smoke or fire extinguishing agent between or throughout
the passenger cabins on the main deck and the upper deck.
Discussion of Comments
Notice of proposed special conditions No. 25-08-04-SC for the
Embraer S.A., Model ERJ 190-100 ECJ airplanes was published in the
Federal Register on April 21, 2008 (73 FR 21288). A comment was
received was in favor of the proposed special conditions and these
special conditions were adopted as proposed with one correction as
defined below.
During a review of the Notice of proposed special conditions No.
25-08-04-SC for the Embraer S.A., Model ERJ 190-100 ECJ airplanes, the
FAA noted that the proposed flight test special condition demonstrating
that only a ``small quantity'' of smoke may enter an occupied area from
an electrical/electronic equipment bay is not consistent with the
``Discussion'' section of the document. The ``Discussion'' section
clearly states that electrical/electronic equipment bays located below,
on, and above the main deck of an airplane present a greater risk of
smoke penetration than older designs. The proposed flight test special
condition was inadvertently limited to smoke penetration flight tests
for electrical/electronic equipment bays located on the main deck of
the airplane. The final special condition has been corrected to reflect
the FAA's original intent to require smoke penetration flight tests
from all electrical/electronic equipment bay locations.
Applicability
As discussed above, these special conditions are applicable to the
Embraer S.A., Model ERJ 190-100 ECJ airplanes. Should Embraer S.A.,
apply at a later date for a change to the type certificate to include
another model on the same type certificate incorporating the same novel
or unusual design feature, the special conditions would apply to that
model as well.
Conclusion
This action affects only certain novel or unusual design features
on Model ERJ 190-100 ECJ airplanes. It is not a rule of general
applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
0
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 Embraer S.A., Model ERJ 190-100 ECJ
airplanes.
1. Requirements to prevent propagation of smoke or extinguishing
agents from entering the flight deck and passenger cabin:
(a) To prevent such propagation the following must be demonstrated:
A means to prevent hazardous quantities of smoke or extinguishing agent
originating from the electrical equipment bays from incapacitating
passengers and crew.
(b) A ``small quantity'' of smoke may enter an occupied area only
under the following conditions:
(1) The smoke enters occupied areas during system transients \1\
from a source located below the flight deck and passenger cabin or on
the same level as the flight deck and passenger cabin. No sustained
smoke penetration beyond that from environmental control system
transients is permitted.
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\1\ Transient airflow conditions may cause air pressure
differences between compartments, before the ventilation and
pressurization system is reconfigured. Additional transients occur
during changes to system configurations such as pack shut-down, fan
shut-down, or changes in cabin altitude; transition in bleed source
change, such as from intermediate stage to high stage bleed air; and
cabin pressurization ``fly-through'' during descent may reduce air
conditioning inflow. Similarly, in the event of a fire, a small
quantity of smoke that penetrates into an occupied area before the
ventilation system is reconfigured would be acceptable under certain
conditions described within this special condition.
---------------------------------------------------------------------------
(2) Penetration of the small quantity of smoke is a dynamic event,
involving either dissipation or mobility. Dissipation is rapid dilution
of the smoke by ventilation air, and mobility is rapid movement of the
smoke into and out of the occupied area. In no case should there be
formation of a light haze indicative of stagnant airflow, as this would
indicate that the ventilation system is failing to meet the
requirements of Sec. 25.831(b).
(3) The smoke from a smoke source below the flight deck and
passenger cabin must not rise above armrest height.
(4) The smoke from a source in an electrical/electronic equipment
bay must dissipate rapidly via dilution with fresh air and be evacuated
from the airplane. A procedure must be included in the Airplane Flight
Manual to evacuate smoke from the occupied areas of the airplane. In
order to demonstrate that the quantity of smoke is small, a flight test
must be conducted which simulates the emergency procedures used in the
event of a fire during flight, including the use of Vmo/
Mmo descent profiles and a simulated landing, if such
conditions are specified in the emergency procedure.
2. Requirement for fire detection in electrical/electronic
equipment bays:
(a) A smoke or fire detection system compliant with Sec. Sec.
25.858 and 25.855 must be provided that will detect fire/smoke within
each electrical/electronic equipment bay.
(b) Each system must provide a visual indication to the flight deck
within one minute after the start of a fire in an electrical/electronic
equipment bay.
(c) Airplane flight tests must be conducted to show compliance with
these requirements, and the performance of the smoke or fire detectors
must be shown in accordance with guidance provided in the latest
version of Advisory Circular 25-9, or other means acceptable to the
FAA.
(d) A procedure to shut down all non-essential systems in the
electrical/electronic equipment bays following a smoke detection in any
electrical/electronic equipment bay must be included in the Airplane
Flight Manual.
Issued in Renton, Washington, on July 22, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17756 Filed 8-1-08; 8:45 am]
BILLING CODE 4910-13-P
