[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Proposed Rules]
[Pages 20818-20819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08269]

Proposed Rules
                                                Federal Register

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.


Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / 
Proposed Rules

[[Page 20818]]


Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2014-0240; Notice No. 25-14-02-SC]

Special Conditions: Embraer S.A.; Model EMB-550 Airplane; Stowage 
Compartment 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 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 to store passenger belongings. 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 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.

DATES: Send your comments on or before May 14, 2014.

ADDRESSES: Send comments identified by docket number FAA-2014-0240 
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending 
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room 
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://www.regulations.gov/, including any personal 
information the commenter provides. Using the search function of the 
docket Web site, anyone can find and read the electronic form of all 
comments received into any FAA docket, including the name of the 
individual sending the comment (or signing the comment for an 
association, business, labor union, etc.). DOT's complete Privacy Act 
Statement can be found in the Federal Register published on April 11, 
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/ gov/.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov/ at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except federal holidays.

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-


Comments Invited

    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.


    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. The 
primary flight controls consist of hydraulically powered fly-by-wire 
elevators, ailerons, and rudders controlled by the pilot or copilot 

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 thereto.
    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

[[Page 20819]]

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 located in the lavatory designed 
to store passenger belongings. 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 
regulations do not contain adequate or appropriate safety standards.


    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. The proposed additional safety standards in the stowage 
compartment compensate for the increased risk of an undetected fire.


    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.


    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 

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

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 EMB-550.
    1. Stowage Compartment Fire Protection.
    a. A means for fire detection that meets the provisions of Sec.  
25.858 is required regardless of the fact that the compartment is not 
classified as a cargo compartment per Sec.  25.857 (only a ``stowage'' 
compartment). A visual and audible indication of smoke detection that 
clearly identifies that smoke has been detected in the stowage 
compartment must be provided to the flight or cabin crew.
    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 and, if applicable, 
associated protective breathing equipment must be provided in the 
    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 April 8, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
[FR Doc. 2014-08269 Filed 4-11-14; 8:45 am]