[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Rules and Regulations]
[Pages 46539-46542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18474]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM391; Special Conditions No. 25-273-SC]
Special Conditions: Embraer S.A., Model ERJ 190-100 ECJ Airplane;
Flight-Accessible Class C Cargo Compartment
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 will have novel or unusual
design features associated with access during flight of the main deck
Class C cargo compartment. 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 10, 2008.
FOR FURTHER INFORMATION CONTACT: Jayson Claar, FAA, Airframe/Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone 425-227-2194; facsimile 425-227-1232.
SUPPLEMENTARY INFORMATION:
Background
Embraer S.A., 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 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 Embraer S.A., 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 reference 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., amended the application to include
the Embraer S.A., Model ERJ 190-100 ECJ. The Embraer S.A., Model ERJ
190-100 ECJ is a derivative of the Embraer S.A.,
[[Page 46540]]
Model ERJ 190 which is approved under Type Certificate No. A57NM. The
Embraer S.A., Model 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 Embraer S.A.,
Model ERJ 190-100 ECJ design includes an accessible main deck Class C
cargo compartment.
The regulations consider that a ``cargo compartment'' is not
intended for access during flight by the traveling public. The intent
of the Class C cargo compartment was that it be a self-contained,
isolated compartment intended to carry baggage and/or cargo. It was not
intended for access during flight. Access into a cargo compartment
inherently carries with it an increased level of risk as baggage or
cargo could shift, a decompression could occur in the compartment, or a
fire could develop during the flight. The FAA considers that any of
these threats are beyond passengers' capabilities. In addition, there
are security concerns with in-flight access to baggage and/or cargo
placed in the Class C cargo compartment.
The FAA acknowledges that an allowance was made specifically for
crew access into a Class B cargo compartment for the express purpose of
fire fighting. Passengers' access during flight into aft Class B cargo
compartments has been permitted in the past for other small aircraft
that are operated under part 91 and 135 operations. Passengers' quick
access to luggage has been allowed because of the limited duration for
use and limited number of passengers possibly affected. These approvals
were granted before the increased security concerns and the new
regulations imposed by the Transportation Security Administration (TSA)
to address the security concerns.
The FAA gave no consideration to a flight-accessible Class C cargo
compartment when the classification was first developed, as no
manufacturer had ever proposed to incorporate such a feature into their
design. Inherently a ``cargo compartment'' was not intended for access,
especially by the traveling public.
The FAA acknowledges that a previous Embraer airplane, the Embraer
S.A., Model EMB 135BJ, has a flight-accessible Class C cargo
compartment that was approved using an equivalent level of safety
finding. The Embraer S.A., Model EMB 135BJ design is similar to the
proposed design for the ERJ 190-100 ECJ. The Embraer S.A., Model EMB
135BJ approval was granted before the increased security concerns and
the new regulations imposed by the TSA to address security concerns. We
have determined that because the existing airworthiness standards do
not contain adequate or appropriate safety standards, relative to cargo
compartment accessibility by passengers during flight, special
conditions are the appropriate method for this and all future
accessible Class C cargo compartments.
Type Certification Basis
Under the provisions of Sec. 21.101, Embraer S.A. must show that
the Embraer S.A., 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.''
If the Administrator finds that the applicable airworthiness
regulations (i.e., part 25) do not contain adequate or appropriate
safety standards for the Embraer S.A., 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 S.A., 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 a novel or
unusual design feature of in-flight access to a Class C cargo
compartment.
Discussion
The FAA considers that Class C cargo compartment access during
flight may impact the isolation of the passenger cabin from the cargo
compartment, which is needed to protect the passengers from any fire
and smoke that may start within the cargo compartment, as required by
Sec. 25.857(c). In addition, in-flight access to the Class C
compartment creates unique hazards resulting from passengers having
access to cargo and baggage in the compartment. These hazards include
safety for the persons entering the cargo compartment, possible hazards
to the airplane as a result of this access, and security concerns with
access to the baggage and/or cargo. These special conditions provide
additional requirements necessary to ensure sufficient cabin isolation
from fire and smoke in this unusual design configuration, and for
passenger safety while occupying the Class C compartment during flight.
Security
The FAA has been in contact with the TSA to understand the security
concerns with passengers having access in-flight to baggage and/or
cargo, and specifically with regard to unscreened (checked) baggage/
cargo. The TSA has provided the following information to clarify the
regulations concerning access to cargo compartments by passengers.
Aircraft operators holding operating certificates under 14 CFR
part 119 for scheduled passenger operations, public charter
passenger operations, and private charter passenger operations must
have an aircraft operator security program. For U.S. flag carriers
49 CFR 1544 regulates the operator security program. Specifically,
49 CFR 1544.101(a)-(i) describes the type of program an aircraft
operator must adopt depending on the type of aircraft operation. For
the vast majority of operations in-flight access to checked baggage
and/or cargo by passengers is NOT permitted by the aircraft operator
security program. Aircraft operators should contact their Principal
Security Inspector (PSI) concerning in-flight access to checked
baggage and/or cargo by passengers.
For airplanes not operated for hire or offered for common carriage
(e.g., operation under FAA operating rules 14 CFR parts 91 or 125),
flight-accessibility to baggage and/or cargo placed in the Class C
cargo compartment is controlled by the operator of the airplane. This
provision does not preclude the operator from receiving remuneration to
the extent consistent with 14 CFR parts 125 and 91, subpart F, as
applicable. These airplane operators do not hold
[[Page 46541]]
operating certificates under 14 CFR part 119.
For airplanes operated for hire or for common carriage (e.g.,
operation under FAA operating rules 14 CFR part 119), the TSA
regulations provided in 49 CFR 1544.203 prohibit in-flight access to
checked baggage and cargo. Checked baggage and cargo do not pass
through the screening required of carry-on baggage, and thus may
introduce a security concern if passengers are provided in-flight
access.
Note: These special conditions are specific to the in-flight
accessible Class C cargo compartment. Security requirements for
occupants and for baggage/cargo placed in other locations continue
to be subject to the screening requirements and operator's security
program as identified in 49 CFR 1544.
Fire Protection and Alerting
It is the FAA's position that the threat of fire is of paramount
concern, and therefore prompt crew action to fight the fire must be
taken to prevent a fire from threatening the safety of the airplane.
For Class C cargo compartments, the means of controlling a fire is
by flooding the compartment with an extinguishing agent. These
extinguishing agents are hazardous to humans. In the event of smoke
detection, the flightcrew should ensure that the cargo compartment is
not occupied before they discharge the extinguishing agent. To address
this concern, a warning system is provided to the flight crew to alert
them when a person is in the cargo compartment.
After the extinguishing agent has been discharged into the
compartment, there must be a means of alerting a person(s) not to enter
the compartment. It must be located adjacent to the entry/exit door
that provides access into the compartment. Access into the cargo
compartment must be prevented after discharge of the extinguishing
agent to prevent persons from being exposed to the extinguishing agent
and to keep the extinguishing agent in the compartment to control the
fire.
Passengers in the cabin are alerted when oxygen is needed. A person
in the cargo compartment would not be alerted when oxygen is needed. To
address this concern, an aural and visual indication system within the
cargo compartment is required to alert the person(s) that oxygen is
required. An oxygen dispensing unit must be provided adjacent to the
entry door into the cargo compartment to have oxygen readily available
for the person leaving the compartment. The oxygen supply lines must
not be routed into the cargo compartment because that would provide a
source of oxygen to the cargo which would feed a fire.
Cargo Restraint
If a net is used as the primary means of retention of the cargo, an
untrained person accessing a cargo compartment may not be capable of
securing the net correctly to maintain the retention of the cargo. The
improperly restrained cargo could be a hazard in flight to the safe
operation of the airplane and a hazard to the occupants under crash
load conditions.
Discussion of Comments
A notice of proposed special conditions No. 25-08-05-SC for the
Embraer S.A., Model ERJ 190-100 ECJ airplanes was published in the
Federal Register on April 21, 2008 (73 FR 21286).
A comment was received from Embraer S.A.
Requested change: Embraer agreed with all proposed special
conditions except for the private use only limitation in Condition No.
8. Embraer noted that 49 CFR 1544.203(d)(2) requires the operator to
prevent access to checked baggage. Embraer also noted that because the
ERJ 190-100 ECJ Class C cargo compartment is accessible in-flight, all
baggage placed there is not checked baggage, but rather is considered
accessible subject to the screening requirements of 49 CFR 1544.201.
Embraer proposed to include guidance in the ERJ 190-100 ECJ operational
publications describing the applicable TSA regulations and how the
accessible main deck Class C compartment should be treated in
compliance with those regulations. Embraer further noted that the
security issue is relevant to in-flight baggage accessibility, and is
not related to the unique feature (built-in fire extinguishing) of the
ERJ 190-100 ECJ Class C compartment, and that many other airplanes have
been certified since the EMB-135BJ with flight accessible compartments,
without any private use limitations. Embraer believes that the private
use, not-for-hire limitation proposed by the FAA is not necessary and,
if imposed, would preclude the ERJ 190-100 ECJ from operating in the
charter market. Embraer proposed that when all of the in-flight
accessible cargo/baggage is screened as carried on baggage/cargo, the
airplane should be permitted to be operated for hire and for common
carriage.
FAA Disposition: We partially agree with the Embraer comments. When
all of the occupants and in-flight accessible baggage/cargo are subject
to the accessible baggage screening requirements identified in 49 CFR
part 1544 there would not be a need to limit the operation of the
airplane to private use, not for common carriage. We have revised
Condition No. 8 to allow operation for hire and common carriage when
the occupants and the baggage/cargo that is accessible in-flight are
subject to the screening requirements of 49 CFR part 1544. It should be
noted that the screening of the occupants and carry on baggage is
addressed by the operators' security program as identified in 49 CFR
part 1544. AFM Limitations are necessary to ensure that flight crews
are aware of the unique security requirements associated with in-flight
accessible compartments when operating for hire or for common carriage.
The FAA has imposed similar limitations on other programs initiated
since increased security requirements were introduced, and intends to
continue to do so for future projects that introduce in-flight
accessible cargo compartments, regardless of the classification of
those compartments per 14 CFR 25.857.
Applicability
As discussed above, these special conditions are applicable to the
Embraer S.A., Model ERJ 190-100 ECJ. Should Embraer S.A. apply at a
later date for a change to the type certificate on the same type
certificate to include another model 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 the Embraer S.A., 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.
0
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. There must be a clear, visual message in the cockpit to advise
the flightcrew when the main deck Class C cargo compartment is
occupied.
2. There must be means provided to keep the cargo door open while
the
[[Page 46542]]
cargo compartment is occupied. There must be a placard located on or
adjacent to the cargo door instructing occupants that the door must be
closed and latched at all times except when someone is in the cargo
compartment. This placard must also instruct the person entering the
cargo compartment to keep the door open when they are in the cargo
compartment and to immediately close and latch the door when they exit
the cargo compartment.
3. There must be a (on/off) visual advisory/warning stating ``Do
Not Enter'' (or similar words) to be located outside of and on or near
the main entry door/hatch to the main deck cargo compartment. The
advisory/warning is to be controlled from the flight deck.
4. There must be an aural and visual warning provided in the
baggage compartment to alert an occupant when an oxygen mask must be
donned immediately.
5. Oxygen dispensing units must be automatically presented and
immediately available to an occupant(s) of the baggage compartment when
they exit the compartment. For these special conditions, immediately
available means the oxygen dispensing units are located in the
passenger cabin near the main entry door/hatch to the main deck cargo
compartment (no oxygen supply lines are allowed to be routed into the
compartment). The number of oxygen dispensing units must be equal to
the number of occupants allowed in the cargo compartment. There must be
a placard located on or adjacent to the cargo door instructing
occupants of the maximum number of occupants allowed in the cargo
compartment.
6. For cargo and baggage placed in the baggage compartment whose
primary retention means is by net, the net must be constructed so that
the means of opening and closing or securing the net is easily
identified and operated.
7. These special conditions apply to main deck accessible Class C
cargo compartments with volumes of 10 m3 or less. Class C
cargo compartments that are accessible to passengers with a volume
greater than 10 m3 may be approved, but would likely require
additional limitations or provisions to mitigate the larger volume.
Note that there may also be a maximum volume above which access is not
acceptable.
8. Operational limitations: The airplane has operational
limitations associated with the level of screening required for
baggage/cargo that is placed in the in-flight accessible Class C cargo
compartment. These limitations must be documented in the Airplane
Flight Manual (AFM).
(a) When the airplane is not operated for hire or offered for
common carriage screening of the baggage/cargo placed in the in-flight
accessible Class C compartment is the responsibility of the operator of
the airplane. This provision does not preclude the operator from
receiving remuneration to the extent consistent with 14 CFR parts 125
and 91, subpart F, as applicable.
(b) When the airplane is operated for hire or operated for common
carriage, the baggage/cargo placed in the in-flight accessible Class C
compartment is subject to the screening requirements and operators
security program as identified in 49 CFR part 1544.
Issued in Renton, Washington, on July 31, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-18474 Filed 8-8-08; 8:45 am]
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