### 41419 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

regulations do not contain adequate or appropriate safety standards.

Discussion

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 § 25.858. We agree and have incorporated this comment.

The commenter suggested that the special condition only require the annunciation be provided to the flight crew, in order to be consistent with § 25.858. We agree that the requirement should be consistent with § 25.858, and have removed the flight deck indication text and simply required the system meet § 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 § 25.858. In discussions with the applicant all parties agreed to
the need to detect a fire within 60 seconds per the current § 25.858 as referenced. With the change to simply require the system meet § 25.858 noted above, it would be redundant to include
the 60-second detection time in the special conditions.

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.

Applicability

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.

Conclusion

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 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 Embraer S.A.
Model EMB–550.

1. Stowage Compartment Fire

Protection.

a. A means for smoke or fire detection that meets the provisions of § 25.858 at Amendment 25.93 is required regardless of the fact that the compartment is not classified as a cargo compartment per § 25.857 (only a ‘‘stowage’’ compartment).

b. In addition to the requirements of § 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 § 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 Service.

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

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 25**

**[Docket No.FAA–2014–0100; Notice No. 25– 557–SC]** 

**Special Conditions: Embraer S.A., Model EMB–550 Airplane; Operation** 

**Without Normal Electrical Power**

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final special conditions; request
for comments.

**SUMMARY :**  These special conditions are
issued for the Embraer S.A. Model EMB–550 airplanes. This airplane will have a novel or unusual design feature
associated with electrical and electronic systems that perform critical functions, the loss of which could be catastrophic to 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.


### 41420 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

**DATES :**  The effective date of these special conditions is July 16, 2014. We must receive your comments by August

15, 2014.

**ADDRESSES :**  Send comments identified by docket number FAA–2014–0100 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 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 :**  Stephen Slotte, FAA, Airplane and Flight Crew Interface Branch, ANM– 111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone 425–227–2315;
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 aircraft. 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

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.

Background

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 eight (8) passengers, with a maximum of twelve (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 Title 14, Code of Federal Regulations (14 CFR) 21.17,
Embraer S.A. must show that the Model EMB–550 meets the applicable provisions of part 25 as amended through 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 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 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.

In addition to the applicable airworthiness regulations and special conditions, the Model EMB–550 airplane 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 section 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 § 11.38, and they become part of the type certification basis under § 21.17(a)(2).

Novel or Unusual Design Features

The Model EMB–550 airplane will incorporate the following novel or unusual design feature: Electrical and electronic systems that perform critical functions. Examples of these systems include the electronic displays, electronic flight controls, and electronic engine controls.

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.

Discussion

The Model EMB–550 incorporates an electronic flight control system that requires a continuous source of electrical power in order to keep the system operable. The criticality of this system is such that its failure will either reduce the capability of the airplane or the ability of the crew to cope with adverse operating conditions, or prevent continued safe flight and landing of the airplane. The airworthiness standards of part 25 do not contain adequate or appropriate standards for protection of these systems from the adverse effects of operation without normal electrical

power.

The current rule, § 25.1351(d), Amendment 25–72, requires safe operation under visual flight rules (VFR)
conditions for at least five minutes after loss of all normal electrical power. This
rule was structured around traditional airplane designs that used mechanical control cables and linkages for flight
control. These manual controls allowed the crew to maintain aerodynamic control of the airplane for an indefinite period of time after loss of all electrical power. Under these conditions, the


### 41421 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

mechanical flight control system provided the crew with the ability to fly the airplane while attempting to identify the cause of the electrical failure, start the engine(s) if necessary, and reestablish some of the electrical power generation capability, if possible.

To maintain the same level of safety associated with traditional designs, the Model EMB–550 must be designed for operation with the normal sources of engine and auxiliary power unit (APU)- generated electrical power inoperative. Service experience has shown that loss of all electrical power from the airplane’s engine and APU-driven generators is not extremely improbable. Thus, Embraer must demonstrate that the airplane is capable of recovering adequate primary electrical power generation for safe flight and landing.

The emergency electrical power system must be designed to supply:

1. Electrical power required for immediate safety, which must continue to operate without the need for crew action following the loss of the normal engine (which includes APU power) generator electrical power system;

2. Electrical power required for continued safe flight and landing; and

3. Electrical power required to restart the engines.

Applicability

As discussed above, these special conditions are applicable to the Embraer S.A. Model EMB–550 airplane. 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.

Conclusion

This action affects only certain novel or unusual design features on one airplane model. It is not a rule of general applicability.

The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon publication in
the Federal Register. 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.

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 EMB– 550 airplane.

Operation Without Normal Electrical

Power

In lieu of 14 CFR 25.1351(d) the following special conditions apply to ensure that the airplane has sufficient electrical power for continued safe flight and landing.

1. The applicant must show by test or a combination of test and analysis that the airplane is capable of continued safe flight and landing with all normal electrical power sources inoperative, as prescribed by paragraphs (1)(a) and (1)(b) below.

For purposes of these specialconditions, normal sources of electricalpower generation do not include any alternate power sources such as a battery, ram-air turbine (RAT), or independent power systems such as a flight-control permanent-magnet generating system.

In showing capability for continued safe flight and landing, consideration must be given to systems capability, effects on crew workload and operating conditions, and the physiological needs of the flightcrew and passengers for the longest diversion time for which approval is sought.

a. Common-cause failures, cascading failures, and zonal physical threats must be considered in showing compliance with this requirement.

b. The ability to restore operation of portions of the electrical-power generation and distribution system may
be considered if it can be shown that unrecoverable loss of those portions of the system is extremely improbable. An alternative source of electrical power must be provided for the time required
to restore the minimum electricalpower-generation capability required for safe flight and landing. Unrecoverable loss of all engines may be excluded when showing that unrecoverable loss of critical portions of the electrical system is extremely improbable. Unrecoverable loss of all engines is covered in special condition 2, below, and thus may be excluded when showing compliance with this requirement.

2. Regardless of any electricalgeneration and distribution-system recovery capability shown under specialcondition 1, above, sufficient electricalsystem capability must be provided to:

a. Allow time to descend, with all engines inoperative, at the speed that provides the best glide slope, from the maximum operating altitude to the altitude at which the soonest possible engine restart could be accomplished,
and

b. Subsequently allow multiple start attempts of the engines and APU. This capability must be provided in addition to the electrical capability required by existing part 25 requirements related to operation with all engines inoperative.

3. The airplane emergency electricalpower system must be designed to supply:

a. Electrical power required for immediate safety, which must continue to operate without the need for crew action following the loss of the normal electrical power, for a duration sufficient to allow reconfiguration to provide a non-time-limited source of electrical power.

b. Electrical power required for continued safe flight and landing for the
maximum diversion time.

4. If APU-generated electrical power is used in satisfying the requirements of these special conditions, and if reaching a suitable runway upon which to land is beyond the capacity of the battery systems, then the APU must be able to be started under any foreseeable flight condition prior to the depletion of the battery or the restoration of normal electrical power, whichever occurs first. Flight tests must demonstrate this capability at the most critical condition.

a. It must be shown that the APU will provide adequate electrical power for continued safe flight and landing.

b. The operating limitations section of the airplane flight manual (AFM) must incorporate non-normal procedures that direct the pilot to take appropriate
actions to activate the APU after loss of normal engine-driven generated electrical power.

As a part of showing compliance with these special conditions, the tests by
which loss of all normal electrical power is demonstrated must also take into account the following:

1. The failure condition should be assumed to occur during night IMC, at the most critical phase of the flight,relative to the worst possible electricalVerDate Mar<15>2010 15:23 Jul 15, 2014 Jkt 232001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1ehiers on DSK2VPTVN1PROD with RULES

### 41422 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations

1 See http://www.gpo.gov/fdsys/pkg/FR-2008-10- 06/pdf/E8-23612.pdf. 2 See http://www.gpo.gov/fdsys/pkg/FR-2009-02- 20/pdf/E9-3582.pdf.power distribution and equipmentloads-demand condition.

2. After the un-restorable loss of normal engine generator power, the airplane-engine-restart capability must be provided and operations continued

in IMC.

3. It should be demonstrated that the aircraft is capable of continued safe flight and landing. The length of time must be computed based on the maximum diversion-time capability for which the airplane is being certified. Consideration for airspeed reductions resulting from the associated failure or
failures must be made.

4. The airplane must provide adequate indication of loss of normal electrical power to direct the pilot to the non-normal procedures, and the operating limitations section of the AFM must incorporate non-normal procedures that will direct the pilot to take appropriate actions.

Issued in Renton, Washington, on June 17,

2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2014–16643 Filed 7–15–14; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF HOUSING AND**
**URBAN DEVELOPMENT**

**24 CFR Parts 200, 257, 4000, and 4001**

**[Docket No. FR–5790–F–01]**

**RIN 2501–AD68**

**Removal of HOPE for Homeowners Program Regulations** 

**AGENCY :**  Office of the Secretary, HUD.

**ACTION :**  Final rule.

**SUMMARY :**  Through this rule, HUD removes regulations for the HOPE for Homeowners Program. The statutory authority for this program expired September 30, 2011. Because these regulations are no longer operative, they are being removed by this final rule. To the extent that local programs are still ongoing under the following repealed parts, the removal of these regulations does not affect the requirements for
transactions entered into when the regulations were in effect. Loans made
under the HOPE for Homeowners Program that are presently insured will continue to be governed by the regulations that existed immediately
before the effective date of this final
rule.

**DATES :**  Effective date: August 15, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Camille E. Acevedo, Associate General Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410; telephonenumber 202–708–1793 (this is not a tollfree number). Persons with hearing or speech impairments may access this number through TTY by calling the Federal Relay Service, toll-free at 800–

877–8389.

**SUPPLEMENTARY INFORMATION :** 
I. Background

The HOPE for Homeowners Act of 2008 (title IV of Division A of the Housing and Economic Recovery Act of 2008 (HERA) (Pub. L. 110–289, 122 Stat. 2654, approved July 30, 2008) added a new section 257 to the National Housing Act (NHA) (12 U.S.C. 1701z–22) that established a temporary program within HUD’s Federal Housing Administration (FHA) that offered homeowners and mortgage loan holders (or servicers acting on their behalf) insurance on the refinancing of distressed mortgagors to support long-term sustainable homeownership and avoid foreclosure.
Section 257 authorized FHA to refinance eligible mortgages commencing no earlier than October 1, 2008, and such authority to refinance expired on September 30, 2011. The fundamental principle behind the HOPE
for Homeowners Act and the HOPE for Homeowners Program was that providing new equity for distressed homeowners may be an effective way to help homeowners avoid foreclosure.

The HOPE for Homeowners Act also
established a Board of Directors to administer the program. The Board is composed of the Secretary of HUD, the Secretary of the Treasury, the Chairman
of the Board of Governors of the Federal Reserve System, and the Chairperson of
the Board of Directors of the Federal Deposit Insurance Corporation or their respective designees. Section 257(c)(1) of the NHA requires the Board to establish program requirements and
standards for the HOPE for Homeowners Program and prescribe such regulations and provide such guidance as may be necessary or appropriate to implement such requirements and standards. Under the administration of the Board, the HOPE for Homeowners Program regulations were promulgated on October 6, 2008, at 73 FR 58418, and codified at 24 CFR part 4001. 1 By rule published on February 20, 2009, at 74 FR 7812, the Board of Directors adopted regulations that would govern access to
records of the Board under the Freedom of Information Act. These regulations were codified at 24 CFR part 4000. 2

The Emergency Economic Stabilization Act of 2008 (Pub. L. 110– 343, 122 Stat. 3765, approved October 3, 2008) (EESA), specifically section 124 of EESA, amended section 257 of the NHA to provide additional flexibility and options to lenders participating in the HOPE for Homeowners Program. Among other things, section 124 of EESA authorizes upfront payments to a holder of an existing subordinate mortgage in lieu of providing the subordinate lien holder with a portion of HUD’s 50 percent interest in the future appreciation of the value of the property. On January 7, 2009, at 74 FR 617, the Board published a rule to implement the changes made by EESA.

On May 20, 2009, the President signed into law the Helping Families Save Their Homes Act of 2009 (Division A of Pub. L. 111–22, 123 Stat. 1632, approved May 20, 2009) (Helping Families Act). Section 202 of the Helping Families Act makes several
amendments to section 257 of the NHA to enhance operation of the HOPE for Homeowners Program and to provide additional flexibility to participants. In addition, the Helping Families Act transferred responsibility, including rulemaking authority, for the HOPE for Homeowners Program from the Board of Directors to the Secretary of HUD. The
Board of Directors would assist the program in an advisory capacity to the Secretary of HUD. With the transfer of responsibility for administration of the program from the Board of Directors to HUD, HUD promulgated new regulations for the HOPE for Homeowners Program that incorporated the changes made by EESA and the Helping Families Act. The regulations were published on January 12, 2010, at 75 FR 1686, and codified at 24 CFR part

257.

This Final Rule

Although changes were made to the HOPE for Homeowners Program by EESA and the Helping Families Act, the expiration of the program was not altered and the authority for the HOPE for Homeowners Program expired on September 30, 2011. Accordingly, this final rule removes the regulations for the HOPE for Homeowners Program, codified in 24 CFR parts 257, 4000 and 4001. On June 10, 2011, FHA issued a mortgagee letter entitled ‘‘Termination of the HOPE for Homeowners (H4H) Program’’ that provided instructions to FHA-approved mortgagees on how to