[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Rules and Regulations]
[Pages 45156-45158]
From the Federal Register Online via the Government Publishing 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.

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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.
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    (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