
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Rules and Regulations]
[Pages 71357-71360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25060]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2016-9282; Special Conditions No. 25-640-SC]


Special Conditions: Embraer S.A., Model ERJ 190-300 Series 
Airplanes; Electrical/Electronic Equipment Bay Fire Detection and Smoke 
Penetration

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Embraer S.A. Model 
ERJ 190-300 series airplanes. These airplanes will have novel or 
unusual design features when compared to the

[[Page 71358]]

state of technology envisioned in the airworthiness standards for 
transport category airplanes. These design features are electrical/
electronic equipment bays distributed throughout the airplane, with 
three of them in the pressurized area. The time it takes to determine 
the source of smoke in an airplane with three or more equipment bays 
could allow fire to spread, generating a significant quantity of smoke 
and damage. The applicable airworthiness regulations do not contain 
adequate or appropriate safety standards for these design features. 
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: This action is effective on Embraer S.A. on October 17, 2016. We 
must receive your comments by December 1, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9282 
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/.
    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 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: Stephen Happenny, FAA, Propulsion and 
Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone 425-227-2147; facsimile 425-227-1149.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and 
opportunity for prior public comment on, these special conditions is 
impracticable because these procedures would significantly delay 
issuance of the design approval and thus delivery of the affected 
airplane.
    In addition, the substance of these special conditions has been 
subject to the public comment process in several prior instances with 
no substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
publication in the Federal Register.

Comments Invited

    The FAA is requesting comments to allow interested persons to 
submit views that may not have been submitted in response to the prior 
opportunities for comment described above. 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 by the closing date for 
comments. We may change these special conditions based on the comments 
we receive.

Background

    On September 13, 2013, Embraer S.A. applied for an amendment to 
Type Certificate (TC) No. A57NM to include the new Model ERJ 190-300 
series airplanes. The ERJ 190-300, which is a derivative of the ERJ 
190-100 STD currently approved under TC No. A57NM, is a 97 to 114-
passenger transport category airplane with two Pratt & Whitney Model 
PW1900G engines, a new wing design with a high aspect ratio and raked 
wingtip, and a new electrical distribution system.
    The ERJ 190-300 will have electrical/electronic equipment bays 
distributed throughout the airplane, with three of them in the 
pressurized area. The applicable airworthiness requirements of Title 
14, Code of Federal Aviation (14 CFR) 25.831 and 25.869 do not contain 
adequate or appropriate safety standards regarding smoke or fire 
detection and protection against the penetration of hazardous 
quantities of smoke into occupied areas of the airplane for this type 
of airplane configuration.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Embraer S.A. must show that 
the ERJ 190-300 meets the applicable provisions of the regulations 
listed in TC No. A57NM or the applicable regulations in effect on the 
date of application for the change, except for earlier amendments as 
agreed upon by the FAA. Embraer S.A. must show that the ERJ 190-300 
meets the applicable provisions of 14 CFR part 25, as amended by 
Amendments 25-1 through 25-137.
    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 ERJ 190-300 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 novel or 
unusual design features, or should any other model already included on 
the same type certificate be modified to incorporate the same novel or 
unusual design features, these special conditions would also apply to 
the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the ERJ 190-300 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 14 CFR 11.19, in 
accordance with Sec.  11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The ERJ 190-300 will incorporate the following novel or unusual 
design features: Electrical/electronic equipment bays that are 
distributed throughout the airplane. There are three electrical bays in 
the pressurized area--forward, center, and aft. The forward bay is 
located below the flight deck; the center bay is in the center fuselage 
below the

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cabin floor; and the aft bay is located near the aft pressure bulkhead.

Discussion

    Traditionally, airplanes certified under part 25 have had one or 
two electrical equipment bays located in the lower lobe adjacent to 
pressure regulator and outflow valves or vents. If a fire occurs in an 
electrical/electronic equipment bay, any smoke is drawn toward the 
outflow valves or vents and discharged from the airplane without 
entering occupied areas. On these airplanes, the procedure for flight 
crew determination of whether the source of the smoke is in the 
electrical/electronic equipment bay has relied on trial and error. 
However, many factors, including the airflow pattern, potential leak 
paths, and location of outflow and regulator valves, can make it 
difficult to identify the smoke source, especially during system and 
flight transients, such as climbing, descending, or other changes that 
would affect the internal flow path. Also, if smoke penetrates occupied 
areas, the flight crew would have less information with which to 
determine whether the source of the smoke is in an electrical/
electronic equipment bay.
    The FAA has accepted this trial and error approach for airplanes 
with no more than two electrical/electronic equipment bays, both 
located in the lower lobe. However, for airplanes with three or more 
equipment bays, the additional time it could take the flightcrew to 
determine the source of smoke would also allow the fire additional time 
to spread and generate significant amounts of smoke and damage.
    Section 25.857 requires that cargo compartments have means to 
prevent hazardous quantities of smoke or fire extinguishing agent from 
penetrating into occupied areas of the airplane. However, the 
regulatory requirements do not 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.
    The FAA determined that airplanes with electrical/electronic 
equipment bay configurations like that of the ERJ 190-300 need a means 
to detect smoke or fire in each electrical/electronic equipment bay 
located in the pressurized cabin to ensure that the flightcrew can make 
an informed decision as to the source of smoke and shut down the 
specific electrical/electronic equipment where smoke or fire is 
present. If the electrical/electronic equipment cannot be completely 
shut down due to conflict with other safety requirements, Embraer must 
conduct an analysis to:
     Show the criteria for shutting down the specific 
electrical/electronic equipment in the electrical/electronic equipment 
bay that can be shut down; and
     For the remaining electrical/electronic equipment, 
demonstrate that there are safety precautions incorporated against fire 
propagation, such as thermal protection, fire containment, or other 
means, as addressed in advisory circular AC 25-16, ``Electrical Fault 
and Fire Prevention and Protection,'' dated April 5, 1991.
    The purpose of the smoke/fire detection systems is to accomplish 
one or more of the following: Automatically shut off power to the 
affected equipment; reconfigure the environmental control systems, if 
necessary, to control any smoke resulting from a fire or overheat 
condition; or alert the crew to the existence of the fire.
    These alternate criteria that the FAA has developed to certify 
airplane designs that incorporate distributed electrical/electronic 
equipment bays are based on existing smoke/fire detection and smoke 
penetration guidance and acceptable past practices. Sections 25.831(b), 
(c), and (d), and 25.869 provide the general requirements that apply to 
electrical/electronic equipment smoke penetration and evacuation. 
Flight tests are conducted to demonstrate compliance; however, the 
amount of smoke generated and flight test conditions have been highly 
variable.
    The special conditions below require a smoke or fire detection 
system in each electrical/electronic equipment bay located in the 
pressurized compartment. They also include requirements to prevent 
propagation of hazardous quantities of smoke or fire extinguishing 
agent throughout the passenger cabin.
    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.

Applicability

    As discussed above, these special conditions are applicable to the 
ERJ 190-300 series airplanes. 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, these special 
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features 
on one model series 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 the Embraer S.A. Model ERJ 190-300 
series airplanes.
    Design Requirements for Smoke Detection and Smoke Penetration in 
Distributed Electrical/Electronic Equipment Bays.
    1. Requirements to prevent propagation of smoke from entering the 
passenger cabin and cockpit:
    a. To prevent such propagation, means to prevent hazardous 
quantities of smoke originating from the electrical/electronic 
equipment bays from incapacitating passengers and crew must be 
demonstrated. Flight tests must be part of such demonstration and shall 
cover all dispatchable system configurations.
    b. A small quantity of smoke may enter an occupied area only if the 
design meets all of the following conditions:
    i. The smoke enters occupied areas during system transients \1\ 
from below deck or main deck sources. 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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    ii. Penetration of the small quantity of smoke is a dynamic event, 
characterized by 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

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would indicate that the ventilation system is failing to meet the 
requirements of 14 CFR 25.831(b).
    iii. The smoke from a smoke source below the main deck must not 
rise above armrest height on the main deck.
    iv. The smoke from a source in the main deck must dissipate rapidly 
via dilution with fresh air and be evacuated from the airplane. A 
procedure must be included in the Airplane Flight Manual (AFM) 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 that simulates the emergency procedures used in the event of 
a fire/smoke 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 smoke or fire detection in electrical/electronic 
equipment bays:
    A smoke or fire detection system compliant with 14 CFR 25.858 and 
25.855 must be provided for each electrical/electronic equipment bay in 
the pressurized cabin. Each system must provide a visual indication to 
the flight deck within one minute after the start of a fire. Airplane 
flight tests must be conducted to show compliance with these 
requirements, and the performance of the detectors must be shown in 
accordance with AC 25-9A, ``Smoke Detection, Penetration, and 
Evacuation Tests and Related Flight Manual Emergency Procedures,'' or 
other means acceptable to the FAA.
    3. Requirement for AFM procedures safety evaluation:
    It shall be demonstrated by means of flight tests that, in the 
event of smoke/fire detection in the electrical/electronic equipment 
bays, the AFM procedures for shutting down any or all of the 
electrical/electronic equipment do not compromise the safe operation of 
the airplane.
    In case a procedure requests only part of the equipment to be shut 
down, the remaining equipment shall be incorporated with safety 
features against fire propagation.

    Issued in Renton, Washington, on October 4, 2016.
Michael Kaszycki,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. 2016-25060 Filed 10-14-16; 8:45 am]
BILLING CODE 4910-13-P


