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



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-



    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.

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 

[[Page 41419]]

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. 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 
    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 
    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.


    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 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 
[FR Doc. 2014-16644 Filed 7-15-14; 8:45 am]