[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Proposed Rules]
[Pages 21289-21292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8577]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM390; Notice No. 25-08-04-SC]


Special Conditions: Embraer S.A., Model ERJ 190-100 ECJ Airplane; 
Fire Protection

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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

SUMMARY: This action proposes special conditions for the Embraer S.A. 
Model ERJ 190-100 ECJ airplane which has a novel and 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 proposed 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. Additional special 
conditions will be issued for other novel or unusual design features of 
the Embraer S.A. Model ERJ 190-100 ECJ airplane.

DATES: Comments must be received on or before May 12, 2008.

ADDRESSES: Comments on this proposal may be mailed in duplicate to: 
Federal Aviation Administration, Transport Airplane Directorate, 
Attention: Rules Docket (ANM-113), Docket No. NM390, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356. You may deliver two copies to the 
Transport Airplane Directorate at the above address. You must mark your 
comments: Docket No. NM390. You may inspect comments in the Rules 
Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

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: 

Comments Invited

    We invite interested persons to participate 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 ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. You can inspect the docket before 
and after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive on or before the closing 
date for

[[Page 21290]]

comments. We will consider all comments filed late if it is possible to 
do so without incurring expense or delay. We may change these special 
conditions based on the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it back to you.

Background

    Embraer made the original application for certification of the ERJ 
190 on May 20, 1999. The Embraer application includes six different 
models, the initial variant being designated as the ERJ 190-100. The 
application was submitted concurrently with that for the ERJ 170-100, 
which received an FAA Type Certificate (TC) on February 20, 2004. 
Although the applications were submitted as two distinct type 
certificates, the airplanes share the same conceptual design and 
general configuration. On July 2, 2003, Embraer submitted a request for 
an extension of its original application for the 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 comply with certain 14 CFR part 25 amendments introduced 
after the May 30, 2001, application date.
    On May 30, 2001, Embraer S.A. applied for an amendment to Type 
Certificate No. A57NM to include the new Embraer Model ERJ 190-100 ECJ. 
The ERJ 190-100 ECJ is a derivative of the Embraer ERJ 190 which is 
approved under Type Certificate No. A57NM. The ERJ 190-100 ECJ is a low 
wing, transport-category aircraft powered by two wing-mounted General 
Electric CF34-10E6 turbofan engines. The airplane is a 19 passenger 
regional jet with a maximum take off 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 ERJ 190-100 ECJ design includes multiple electrical/electronic 
equipment bays that are located throughout the airplane.
    Existing regulations in Sec. Sec.  25.855, 25.857 and 25.858 
require that certain design features be incorporated into cargo 
compartments; require cargo compartments have a means to exclude 
hazardous quantities of smoke or fire extinguishing agent from 
penetrating into occupied areas of the airplane; and, require that 
smoke detectors be present. However, there are no requirements that 
address preventing hazardous quantities of smoke or extinguishing agent 
originating from the electrical/electronic equipment bays from 
penetrating into occupied areas of the airplane; or requiring that 
smoke or fire detectors be installed in electrical/electronic equipment 
bays.
    The FAA believes that a means to detect smoke is needed in all 
electrical/electronic equipment bays on the Embraer 190-100 ECJ to 
ensure that the flightcrew can make an informed decision as to the 
source of smoke and can shut down electrical equipment when smoke is 
detected in the electrical/electronic equipment bays.

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 ERJ 190-100 ECJ. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type certification basis.'' The regulations incorporated by 
reference in Type Certificate No. A57NM are as follows:
    Embraer has proposed to voluntarily adopt several 14 CFR part 25 
amendments that became effective after the requested new application 
date of May 30, 2001, specifically Amendment 25-102, except paragraph 
25.981(c); Amendments 25-103 through 25-105 in their entirety; 
Amendment 25-107, except paragraph 25.735(h); Amendment 25-108 through 
25-110 in their entirety; and Amendments 25-112 through 25-114 in their 
entirety.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., part 25) do not contain adequate or appropriate 
safety standards for the Embraer 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 Embraer 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 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 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 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 ERJ 190-100 ECJ, the 
electrical/electronic equipment bays are distributed throughout the 
airplane.

[[Page 21291]]

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 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 equipment bay is in either one or the other. However, for an 
airplane with electrical 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 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/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.
    The FAA believes that a means to detect smoke is needed in all 
electrical/electronic equipment bays on the Embraer 190-100 ECJ to 
ensure that the flightcrew can make an informed decision as to the 
source of smoke and can shut down electrical equipment when smoke is 
detected in the electrical/electronic equipment bays.
    Therefore, the FAA is proposing a special condition that includes 
requirements to prevent propagation of smoke or extinguishing agents 
between or throughout cabins and to provide smoke or fire detection for 
electrical/electronic equipment bays.

Applicability

    As discussed above, these special conditions are applicable to the 
ERJ 190-100 ECJ. 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.
    Certification of the ERJ 190-100 ECJ is currently scheduled for 
June 2008. The substance of these special conditions has been subject 
to the notice and public comment procedure in several prior instances. 
Therefore, because a delay would significantly affect the applicant's 
installation of the system and certification of the airplane, we are 
shortening the public comment period to 20 days.

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

    Therefore, under the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the supplemental type certification basis for the Embraer S.A. Model 
ERJ 190-100 ECJ.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions 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.
---------------------------------------------------------------------------

    \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).

[[Page 21292]]

    (3) The smoke from a smoke source below the flight deck and 
passenger cabin must not rise above armrest height on the main deck.
    (4) The smoke from a source on the same level as the flight deck 
and passenger cabin 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 April 11, 2008.
Philip L. Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-8577 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P