45156 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

(2) The marketing order, as amended, and 

as hereby further amended, regulates the 

handling of almonds grown in the production 

area in the same manner as, and is applicable 

only to persons in the respective classes of 

commercial and industrial activity specified 

in the marketing order upon which hearings 

have been held; 

(3) The marketing order, as amended, and 

as hereby further amended, is limited in 

application to the smallest regional 

production area which is practicable, 

consistent with carrying out the declared 

policy of the Act, and the issuance of several 

orders applicable to subdivision of the 

production area would not effectively carry 

out the declared policy of the Act; 

(4) The marketing order, as amended, and 

as hereby further amended, prescribes, 

insofar as practicable, such different terms 

applicable to different parts of the production 

area as are necessary to give due recognition 

to the differences in the production and 

marketing of almonds grown in the 

production area; and 

(5) All handling of almonds grown in the 

production area is in the current of interstate 

or foreign commerce or directly burdens, 

obstructs, or affects such commerce. 

(b) Additional Findings. 

It is necessary and in the public interest to 

make these amendments effective not later 

than one day after publication in the Federal 

Register. A later effective date would 

unnecessarily delay implementation of the 

new amendments. These amendments should 

be in place as soon as possible as the new 

crop year begins August 1. Making the 

effective date one day after publication in the 

Federal Register will allow the industry to 

consider regulations implementing the new 

order authorities at the beginning of the new 

crop year, which would be beneficial to the 

industry. 

(c) Determinations. It is hereby determined 

that: 

(1) Handlers (excluding cooperative 

associations of producers who are not 

engaged in processing, distributing, or 

shipping almonds covered by the order as 

hereby amended) who, during the period 

August 1, 2006, through July 31, 2007, 

handled 50 percent or more of the volume of 

such almonds covered by said order, as 

hereby amended, have not signed an 

amended marketing agreement; and, 

(2) The issuance of this amendatory order, 

further amending the aforesaid order, is 

favored or approved by at least two-thirds of 

the producers who participated in a 

referendum on the question of approval and 

who, during the period of August 1, 2006, 

through July 31, 2007 (which has been 

deemed to be a representative period), have 

been engaged within the production area in 

the production of such almonds, such 

producers having also produced for market at 

least two-thirds of the volume of such 

commodity represented in the referendum; 

and 

(3) In the absence of a signed marketing 

agreement, the issuance of this amendatory 

order is the only practical means pursuant to 

the declared policy of the Act of advancing 

the interests of producers of almonds in the 

production area. 

Order Relative to Handling of Almonds 

Grown in California 

It is therefore ordered, that on and 

after the effective dates hereof, all 

handling of almonds grown in 

California shall be in conformity to, and 

in compliance with, the terms and 

conditions of the said order as hereby 

amended as follows: 

The provisions of the proposed order 

further amending the order contained in 

the Secretary’s Decision issued by the 

Administrator on February 27, 2008, 

and published in the Federal Register 

on March 3, 2008 (73 FR 11360), shall 

be and are the terms and provisions of 

this order amending the order and set 

forth in full herein. 

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements. 

PART 981—ALMONDS GROWN IN 

CALIFORNIA 

■ For the reasons set forth in the 

preamble, Title 7 of Chapter XI of the 

Code of Federal Regulations is amended 

by amending part 981 to read as follows: 

■ 1. The authority citation for 7 CFR 

part 981 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend paragraph (b) of § 981.42 by 

adding the following sentence before the 

last sentence to read as follows: 

§ 981.42 Quality control. 

* * * * * 

(b) * * * The Board may, with the 

approval of the Secretary, establish 

different outgoing quality requirements 

for different markets. * * * 

■ 3. Add a new § 981.43 to read as 

follows: 

§ 981.43 Marking or labeling of containers. 

The Board may, with the approval of 

the Secretary, establish regulations to 

require handlers to mark or label their 

containers that are used in packaging or 

handling of bulk almonds. For purposes 

of this section, container means a box, 

bin, bag, carton, or any other type of 

receptacle used in the packaging or 

handling of bulk almonds. 

Dated: July 30, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–17827 Filed 8–1–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM390; Special Conditions No. 

25–372–SC] 

Special Conditions: Embraer S.A., 

Model ERJ 190–100 ECJ Airplane; Fire 

Protection 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Embraer S.A., Model ERJ 

190–100 ECJ airplane. This airplane has 

a novel or unusual design feature, in 

that it features multiple electrical/ 

electronic equipment bays that are 

located throughout 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. 

DATES: Effective Date: September 3, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Happenny, FAA, Propulsion/ 

Mechanical Branch, ANM–112, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone 425–227–2147; 

facsimile 425–227–1232. 

SUPPLEMENTARY INFORMATION: 

Background 

Embraer S.A., made the original 

application for certification of the 

Model ERJ 190 on May 20, 1999. The 

Embraer application includes six 

different models, the initial variant 

being designated as the Model ERJ 190–

100. The application was submitted 

concurrently with that for the Model 

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 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 application date. In addition, 

Embraer has elected to voluntarily 


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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 

Model ERJ 190–100 ECJ. The Model ERJ 

190–100 ECJ is a derivative of the Model 

ERJ 190 which is approved under Type 

Certificate No. A57NM. The Model ERJ 

190–100 ECJ is a low wing, transportcategory airplane powered by two wingmounted General Electric CF34–10E6 

turbofan engines. The airplane is a 19 

passenger regional jet with a maximum 

takeoff 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 

Model ERJ 190–100 ECJ design includes 

multiple electrical/electronic equipment 

bays that are located throughout the 

airplane. 

Type Certification Basis 

Under the provisions of § 21.101, 

Embraer S.A. must show that the 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 Model 

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 

Model ERJ 190–100 ECJ because of a 

novel or unusual design feature, special 

conditions are prescribed under the 

provisions of § 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the 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 § 11.19, under § 11.38, and 

they become part of the type 

certification basis under § 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 § 21.101. 

Novel or Unusual Design Features 

The Embraer S.A., Model ERJ 190–100 

ECJ will incorporate the following novel 

or unusual design feature: Multiple 

electrical/electronic equipment bays 

located in the lower lobe and on the 

main deck of the airplane. These bays 

are an unusual design relative to those 

which have been previously certificated 

under 14 CFR part 25. The number and 

location of the electrical/electronic 

equipment bays on the Model ERJ 190–

100 ECJ may contribute to an increased 

risk of smoke affecting passengers and 

crew. 

Discussion 

Section 25.855 contains the material 

standards and design considerations for 

cargo compartment interiors; the 

statement that each cargo compartment 

must meet one of the class requirements 

of § 25.857; and the flight tests which 

must be conducted for certification. 

Section 25.857 provides the standards 

for the various classes of transport 

category airplane cargo compartments 

including a smoke detector; means to 

shutoff the ventilating airflow; and a 

means to exclude hazardous quantities 

of smoke or fire extinguishing agent 

from penetrating into occupied areas of 

the airplane. Section 25.858 requires 

certain provisions be made for smoke 

detection. However, there are no 

requirements that 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. 

Generally, transport category 

airplanes have one or two electrical/ 

electronic equipment bays located in the 

lower lobe, adjacent to pressure 

regulator/outflow valves. If there were 

smoke in an electrical/electronic 

equipment bay, in most cases it is 

expected to be drawn toward the 

outflow valves and be discharged from 

the airplane without entering occupied 

areas. In the Model ERJ 190–100 ECJ, 

the electrical/electronic equipment bays 

are distributed throughout the airplane. 

Only those equipment bays located in 

the lower lobe of the airplane are 

considered to be adjacent to pressure 

regulator/outflow valves. 

For this combination of electrical/ 

electronic equipment bays distributed 

throughout the airplane the applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

regarding smoke detection and control 

of smoke penetration. Based upon its 

review of incidents of smoke in the 

passenger cabin, the FAA determined 

that an airplane with electrical/ 

electronic equipment bays located 

below, on, and above the main deck of 

an airplane presents a greater risk of 

smoke penetration than older designs 

with electrical/electronic bays only in 

the lower lobe adjacent to pressure 

regulator/outflow valves. 

In the event of a fire, airplanes with 

older designs rely upon ‘‘trial and error’’

to determine whether the source of fire 

or smoke is in the electrical/electronic 

equipment bay. Typically, this involves 

the pilots following approved 

procedures in the Airplane Flight 

Manual. Those procedures may involve 

shutting down power to the avionics 

equipment in one electrical/electronic 

equipment bay and reconfiguring the 

airplane’s environmental control system 

(e.g., shutting down the recirculation 

fan) to see whether the amount of smoke 

in the flightdeck or passenger 

compartment is reduced or eliminated. 

If these actions do not eliminate the 

smoke, the flight crew may turn the 

power back on in the one electrical/ 

electronic equipment bay, shut it off in 

the other equipment bay, and 

reconfigure the environmental control 

system again to see whether the smoke 

is now reduced or eliminated. 

This approach may be acceptable for 

airplanes with no more than two 

electrical/electronic equipment bays, 

both located in the lower lobe. In that 

case, there are only two options: The 

smoke or fire in an electrical/electronic 

equipment bay is in either one or the 

other. However, for an airplane with 

electrical/electronic equipment bays 

located below, on, and above decks, this 

approach is not sufficient, because—in 

the time it takes to determine the source 

of smoke—a fire could spread and the 

quantity of smoke could increase 

significantly. 

Furthermore, the ‘‘trial and error’’

approach raises concern over the lack of 

informational awareness that a flight 

crew would have should smoke 

penetration occur. Many factors—

including the airflow pattern, 

configuration changes in the 

environmental control system, potential 

leak paths, and location of outflow/ 

regulator valves—would make it 

difficult to identify a smoke source, 

especially during flight or system 

transients, such as climbing/descending 

or changes in ventilation. 

The FAA believes that smoke 

detectors are needed in all electrical/ 

electronic equipment bays on the Model 

ERJ 190–100 ECJ to ensure that the 

flightcrew can make an informed 

decision as to the source of smoke and 

can shut down the specific electrical/ 


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1Transient 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 shutdown, 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. 

electronic equipment bay from which 

the smoke is coming. 

These special conditions, therefore, 

require that there be a smoke or fire 

detection system in each electrical/ 

electronic equipment bay. They also 

include requirements to prevent 

propagation of hazardous quantities of 

smoke or fire extinguishing agent 

between or throughout the passenger 

cabins on the main deck and the upper 

deck. 

Discussion of Comments 

Notice of proposed special conditions 

No. 25–08–04–SC for the Embraer S.A., 

Model ERJ 190–100 ECJ airplanes was 

published in the Federal Register on 

April 21, 2008 (73 FR 21288). A 

comment was received was in favor of 

the proposed special conditions and 

these special conditions were adopted 

as proposed with one correction as 

defined below. 

During a review of the Notice of 

proposed special conditions No. 25–08–

04–SC for the Embraer S.A., Model ERJ 

190–100 ECJ airplanes, the FAA noted 

that the proposed flight test special 

condition demonstrating that only a 

‘‘small quantity’’ of smoke may enter an 

occupied area from an electrical/ 

electronic equipment bay is not 

consistent with the ‘‘Discussion’’

section of the document. The 

‘‘Discussion’’ section clearly states that 

electrical/electronic equipment bays 

located below, on, and above the main 

deck of an airplane present a greater risk 

of smoke penetration than older designs. 

The proposed flight test special 

condition was inadvertently limited to 

smoke penetration flight tests for 

electrical/electronic equipment bays 

located on the main deck of the 

airplane. The final special condition has 

been corrected to reflect the FAA’s 

original intent to require smoke 

penetration flight tests from all 

electrical/electronic equipment bay 

locations. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A., Model ERJ 190–100 ECJ airplanes. 

Should Embraer S.A., apply at a later 

date for a change to the type certificate 

to include another model on the same 

type certificate 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 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. 

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 ERJ 190–

100 ECJ airplanes. 

1. Requirements to prevent 

propagation of smoke or extinguishing 

agents from entering the flight deck and 

passenger cabin: 

(a) To prevent such propagation the 

following must be demonstrated: A 

means to prevent hazardous quantities 

of smoke or extinguishing agent 

originating from the electrical 

equipment bays from incapacitating 

passengers and crew. 

(b) A ‘‘small quantity’’ of smoke may 

enter an occupied area only under the 

following conditions: 

(1) The smoke enters occupied areas 

during system transients 1 from a source 

located below the flight deck and 

passenger cabin or on the same level as 

the flight deck and passenger cabin. No 

sustained smoke penetration beyond 

that from environmental control system 

transients is permitted. 

(2) Penetration of the small quantity 

of smoke is a dynamic event, involving 

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 

would indicate that the ventilation 

system is failing to meet the 

requirements of § 25.831(b). 

(3) The smoke from a smoke source 

below the flight deck and passenger 

cabin must not rise above armrest 

height. 

(4) The smoke from a source in an 

electrical/electronic equipment bay 

must dissipate rapidly via dilution with 

fresh air and be evacuated from the 

airplane. A procedure must be included 

in the Airplane Flight Manual 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 which 

simulates the emergency procedures 

used in the event of a fire 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 fire detection in 

electrical/electronic equipment bays: 

(a) A smoke or fire detection system 

compliant with §§ 25.858 and 25.855 

must be provided that will detect fire/ 

smoke within each electrical/electronic 

equipment bay. 

(b) Each system must provide a visual 

indication to the flight deck within one 

minute after the start of a fire in an 

electrical/electronic equipment bay. 

(c) Airplane flight tests must be 

conducted to show compliance with 

these requirements, and the 

performance of the smoke or fire 

detectors must be shown in accordance 

with guidance provided in the latest 

version of Advisory Circular 25–9, or 

other means acceptable to the FAA. 

(d) A procedure to shut down all nonessential systems in the electrical/ 

electronic equipment bays following a 

smoke detection in any electrical/ 

electronic equipment bay must be 

included in the Airplane Flight Manual. 

Issued in Renton, Washington, on July 22, 

2008. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–17756 Filed 8–1–08; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0003; FRL–8696–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois State Implementation Plan 

(SIP) for ozone. The state is 

incorporating revisions EPA made to its 

definition of volatile organic compound 

(VOC). This SIP revision adds one 

compound to the list of compounds that 


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