Special Conditions: Embraer S.A.; Model EMB-550 Airplane; Stowage Compartment Fire Protection, 41418-41419 [2014-16644]

Download as PDF 41418 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations amend the first paragraph by removing the numeric phrase ‘‘44474.1:2007’’ and adding in its place ‘‘4474.1:2007’’. DEPARTMENT OF TRANSPORTATION List of Subjects in 10 CFR Part 430 14 CFR Part 25 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses. [Docket No.FAA–2014–0240; Notice No. 25– 558–SC] Special Conditions: Embraer S.A.; Model EMB–550 Airplane; Stowage Compartment Fire Protection PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for part 430 continues to read as follows: ■ Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 2461 note. Appendix A to Subpart B of Part 430 [Corrected] 2. Appendix A to subpart B of part 430 is amended by removing the numeric phrase ‘‘44474.1:2007’’ and adding in its place ‘‘4474.1:2007’’ in: ■ a. Section 1.5 in four places; ■ b. Section 3.3 in two places; and ■ c. Section 6.2.2.3 in two places. ■ Appendix B to Subpart B of Part 430 [Corrected] 3. Appendix B to subpart B of part 430 is amended in section 5.2.1.3 by: ■ a. Removing the formula ‘‘ET = (1440 × EP1/T1) + (EP2¥(EP1 × T2/T1)) × (12/ CT)’’ and adding in its place ‘‘ET = (1440 × K × EP1/T1) + (EP2¥(EP1 × T2/ T1)) × K × (12/CT)’’; and ■ b. Removing the phrase ‘‘1440 is defined in 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined in 5.2.1.2;’’ and adding in its place ‘‘ET, 1440, and K are defined in section 5.2.1.1 and EP1, EP2, T1, T2, and 12 are defined in section 5.2.1.2;’’. ehiers on DSK2VPTVN1PROD with RULES ■ Issued in Washington, DC, on July 10, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. BILLING CODE 6450–01–P VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: For the reasons stated in the preamble, DOE corrects 10 CFR part 430 as set forth below: [FR Doc. 2014–16720 Filed 7–15–14; 8:45 am] Federal Aviation Administration These special conditions are issued for the Embraer S.A. Model EMB–550 airplane. This airplane will have a novel or unusual design feature when compared to the state of technology and design envisioned in the airworthiness standards for transport category airplanes. This design feature is the installation of a stowage compartment in the lavatory. The isolation of this stowage compartment from the main cabin could hinder the ability of the flight crew to detect a fire. 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: August 15, 2014. FOR FURTHER INFORMATION CONTACT: Robert C. Jones, FAA, Propulsion and Mechanical Systems Branch, ANM–112, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 227–1234; facsimile (425) 227–1149. SUPPLEMENTARY INFORMATION: SUMMARY: Background We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We will consider all comments we receive on or before the closing date for comments. We may change these special conditions based on the comments we receive. Background On May 14, 2009, Embraer S.A. applied for a type certificate for its new Model EMB–550 airplane. The Model EMB–550 airplane is the first of a new PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 family of jet airplanes designed for corporate flight, fractional, charter, and private owner operations. The airplane has a configuration with low wing and T-tail empennage. The primary structure is metal with composite empennage and control surfaces. The Model EMB–550 airplane is designed for 8 passengers, with a maximum of 12 passengers. It is equipped with two Honeywell AS907– 3–1E medium bypass ratio turbofan engines mounted on aft fuselage pylons. Each engine produces approximately 6,540 pounds of thrust for normal takeoff. Type Certification Basis Under the provisions of 14 CFR 21.17, Embraer S.A. must show that the Model EMB–550 meets the applicable provisions of part 25, as amended by Amendments 25–1 through 25–127. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Model EMB–550 because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. 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, the special conditions would also apply to the other model under § 21.101. In addition to the applicable airworthiness regulations and special conditions, the Model EMB–550 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, and the FAA must issue a finding of regulatory adequacy under § 611 of Public Law 92– 574, the ‘‘Noise Control Act of 1972.’’ The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type-certification basis under § 21.17(a)(2). Novel or Unusual Design Features The Model EMB–550 will incorporate the following novel or unusual design features: A stowage compartment, designed to store passenger belongings, located in the lavatory. The stowage compartment may be isolated from the main passenger cabin by two doors (lavatory and stowage compartment doors), which could hinder the ability to detect smoke or fire. The installation of a stowage compartment in the lavatory is a novel and unusual design feature for which the applicable airworthiness E:\FR\FM\16JYR1.SGM 16JYR1 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations regulations do not contain adequate or appropriate safety standards. ehiers on DSK2VPTVN1PROD with RULES Discussion Embraer did not classify the EMB–550 stowage compartment in the aft part of the pressurized area as a Class B cargo compartment due to its relatively small volume of 37 cubic feet. The compartment has a door that is intended to be closed in all phases of flight but can be opened to allow passenger access during flight. The lavatory door must be kept open for takeoff and landing but will likely be kept closed in all other phases of flight. Due to the facts that the stowage compartment is not classified as a Class B cargo compartment and may be isolated from the main cabin by two doors during flight, and considering that it will be used to store passenger belongings, existing requirements for stowage compartments are not adequate to address fire protection concerns. The isolation characteristics and the possibility of storing items that may start a fire create the potential for an undetected fire event. Additional safety precautions are required to avoid a situation where a fire condition remains undetected in an isolated stowage compartment. 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. Discussion of the Comments Notice of proposed special conditions No. 25–14–02–SC for the Embraer Model EMB–550 airplane was published in the Federal Register on April 15, 2014 (79 FR 20818). One commenter suggested changes to two paragraphs in the proposed special conditions. The commenter believes the changes would provide more specificity and clarification. The commenter suggested we include both ‘‘smoke’’ and ‘‘fire’’ in paragraph 1a of the special conditions, as both terms are used in the referenced regulation. We agree and have incorporated the proposed changes accordingly. We historically have used smoke and fire synonymously and believe that it remains appropriate. The commenter also suggested the special conditions include the amendment level for § 25.858. We agree and have incorporated this comment. The commenter suggested that the special condition only require the annunciation be provided to the flight crew, in order to be consistent with § 25.858. We agree that the requirement VerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 should be consistent with § 25.858, and have removed the flight deck indication text and simply required the system meet § 25.858. The commenter also recommended that the special conditions require the indication to the flight deck be provided within one minute, in order to be consistent with § 25.858. In discussions with the applicant all parties agreed to the need to detect a fire within 60 seconds per the current § 25.858 as referenced. With the change to simply require the system meet § 25.858 noted above, it would be redundant to include the 60-second detection time in the special conditions. In the second comment, the commenter suggested text changes to remove any ambiguity over whether protective breathing equipment would be required. We agree that the proposed text is clearer and have incorporated the proposed changes accordingly. Applicability As discussed above, these special conditions are applicable to the Embraer Model EMB–550. Should Embraer S.A. 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. Conclusion This action affects only certain novel or unusual design features on one model of 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 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 EMB–550. 1. Stowage Compartment Fire Protection. a. A means for smoke or fire detection that meets the provisions of § 25.858 at Amendment 25.93 is required regardless of the fact that the compartment is not classified as a cargo compartment per § 25.857 (only a ‘‘stowage’’ compartment). b. In addition to the requirements of § 25.851, at least one hand-held or manually-activated compartment fire PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 41419 extinguisher appropriate to the kinds of fires likely to occur must be provided for the lavatory. If a hand-held fire extinguisher is provided, then protective breathing equipment must be provided with the extinguisher. c. Sufficient access must be provided to enable a crew member to effectively reach any part of the stowage compartment with the content of a hand-held fire extinguisher. d. When the access provisions are being used, no hazardous quantity of smoke, flames, or extinguishing agent will enter any compartment occupied by the crew or passengers. e. A liner must be provided that meets the requirements of § 25.855 at Amendment 25–60 for a Class B cargo compartment unless it can be shown that the material used to construct the stowage compartment meets the flammability requirements by a 60second vertical test in lieu of 12-second vertical test and by presenting past test results of typical panels that meet the 45-degree flame penetration test. Issued in Renton, Washington, on June 17, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–16644 Filed 7–15–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No.FAA–2014–0100; Notice No. 25– 557–SC] Special Conditions: Embraer S.A., Model EMB–550 Airplane; Operation Without Normal Electrical Power Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. AGENCY: These special conditions are issued for the Embraer S.A. Model EMB–550 airplanes. This airplane will have a novel or unusual design feature associated with electrical and electronic systems that perform critical functions, the loss of which could be catastrophic to 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. SUMMARY: E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41418-41419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No.FAA-2014-0240; Notice No. 25-558-SC]


Special Conditions: Embraer S.A.; Model EMB-550 Airplane; Stowage 
Compartment Fire Protection

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

-----------------------------------------------------------------------

SUMMARY: These special conditions are issued for the Embraer S.A. Model 
EMB-550 airplane. This airplane will have a novel or unusual design 
feature when compared to the state of technology and design envisioned 
in the airworthiness standards for transport category airplanes. This 
design feature is the installation of a stowage compartment in the 
lavatory. The isolation of this stowage compartment from the main cabin 
could hinder the ability of the flight crew to detect a fire. 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: August 15, 2014.

FOR FURTHER INFORMATION CONTACT: Robert C. Jones, FAA, Propulsion and 
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 227-1234; facsimile (425) 227-
1149.

SUPPLEMENTARY INFORMATION: 

Background

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special conditions, explain the 
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing 
date for comments. We may change these special conditions based on the 
comments we receive.

Background

    On May 14, 2009, Embraer S.A. applied for a type certificate for 
its new Model EMB-550 airplane. The Model EMB-550 airplane is the first 
of a new family of jet airplanes designed for corporate flight, 
fractional, charter, and private owner operations. The airplane has a 
configuration with low wing and T-tail empennage. The primary structure 
is metal with composite empennage and control surfaces. The Model EMB-
550 airplane is designed for 8 passengers, with a maximum of 12 
passengers. It is equipped with two Honeywell AS907-3-1E medium bypass 
ratio turbofan engines mounted on aft fuselage pylons. Each engine 
produces approximately 6,540 pounds of thrust for normal takeoff.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Embraer S.A. must show that 
the Model EMB-550 meets the applicable provisions of part 25, as 
amended by Amendments 25-1 through 25-127.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Model EMB-550 because of a novel 
or unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    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, the special conditions would also 
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Model EMB-550 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, and the FAA must issue a 
finding of regulatory adequacy under Sec.  611 of Public Law 92-574, 
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Model EMB-550 will incorporate the following novel or unusual 
design features: A stowage compartment, designed to store passenger 
belongings, located in the lavatory. The stowage compartment may be 
isolated from the main passenger cabin by two doors (lavatory and 
stowage compartment doors), which could hinder the ability to detect 
smoke or fire. The installation of a stowage compartment in the 
lavatory is a novel and unusual design feature for which the applicable 
airworthiness

[[Page 41419]]

regulations do not contain adequate or appropriate safety standards.

Discussion

    Embraer did not classify the EMB-550 stowage compartment in the aft 
part of the pressurized area as a Class B cargo compartment due to its 
relatively small volume of 37 cubic feet. The compartment has a door 
that is intended to be closed in all phases of flight but can be opened 
to allow passenger access during flight. The lavatory door must be kept 
open for takeoff and landing but will likely be kept closed in all 
other phases of flight.
    Due to the facts that the stowage compartment is not classified as 
a Class B cargo compartment and may be isolated from the main cabin by 
two doors during flight, and considering that it will be used to store 
passenger belongings, existing requirements for stowage compartments 
are not adequate to address fire protection concerns. The isolation 
characteristics and the possibility of storing items that may start a 
fire create the potential for an undetected fire event.
    Additional safety precautions are required to avoid a situation 
where a fire condition remains undetected in an isolated stowage 
compartment. 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.

Discussion of the Comments

    Notice of proposed special conditions No. 25-14-02-SC for the 
Embraer Model EMB-550 airplane was published in the Federal Register on 
April 15, 2014 (79 FR 20818). One commenter suggested changes to two 
paragraphs in the proposed special conditions. The commenter believes 
the changes would provide more specificity and clarification.
    The commenter suggested we include both ``smoke'' and ``fire'' in 
paragraph 1a of the special conditions, as both terms are used in the 
referenced regulation. We agree and have incorporated the proposed 
changes accordingly. We historically have used smoke and fire 
synonymously and believe that it remains appropriate.
    The commenter also suggested the special conditions include the 
amendment level for Sec.  25.858. We agree and have incorporated this 
comment.
    The commenter suggested that the special condition only require the 
annunciation be provided to the flight crew, in order to be consistent 
with Sec.  25.858. We agree that the requirement should be consistent 
with Sec.  25.858, and have removed the flight deck indication text and 
simply required the system meet Sec.  25.858.
    The commenter also recommended that the special conditions require 
the indication to the flight deck be provided within one minute, in 
order to be consistent with Sec.  25.858. In discussions with the 
applicant all parties agreed to the need to detect a fire within 60 
seconds per the current Sec.  25.858 as referenced. With the change to 
simply require the system meet Sec.  25.858 noted above, it would be 
redundant to include the 60-second detection time in the special 
conditions.
    In the second comment, the commenter suggested text changes to 
remove any ambiguity over whether protective breathing equipment would 
be required. We agree that the proposed text is clearer and have 
incorporated the proposed changes accordingly.

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer Model EMB-550. Should Embraer S.A. 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.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of 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

    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 EMB-550.
    1. Stowage Compartment Fire Protection.
    a. A means for smoke or fire detection that meets the provisions of 
Sec.  25.858 at Amendment 25.93 is required regardless of the fact that 
the compartment is not classified as a cargo compartment per Sec.  
25.857 (only a ``stowage'' compartment).
    b. In addition to the requirements of Sec.  25.851, at least one 
hand-held or manually-activated compartment fire extinguisher 
appropriate to the kinds of fires likely to occur must be provided for 
the lavatory. If a hand-held fire extinguisher is provided, then 
protective breathing equipment must be provided with the extinguisher.
    c. Sufficient access must be provided to enable a crew member to 
effectively reach any part of the stowage compartment with the content 
of a hand-held fire extinguisher.
    d. When the access provisions are being used, no hazardous quantity 
of smoke, flames, or extinguishing agent will enter any compartment 
occupied by the crew or passengers.
    e. A liner must be provided that meets the requirements of Sec.  
25.855 at Amendment 25-60 for a Class B cargo compartment unless it can 
be shown that the material used to construct the stowage compartment 
meets the flammability requirements by a 60-second vertical test in 
lieu of 12-second vertical test and by presenting past test results of 
typical panels that meet the 45-degree flame penetration test.

    Issued in Renton, Washington, on June 17, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16644 Filed 7-15-14; 8:45 am]
BILLING CODE 4910-13-P
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