45158 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

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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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 45159 

are exempt from being considered a 

VOC. This is because it was determined 

that the listed compound does not 

significantly contribute to ozone 

formation. 

DATES: This direct final rule will be 

effective October 3, 2008, unless EPA 

receives adverse comments by 

September 3, 2008. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05–

OAR–2006–0003, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 am to 4:30 pm excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2006–

0003. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your 

e-mail address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Matt Rau, Environmental 

Engineer, at (312) 886–6524 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is EPA approving? 

II. What is EPA’s analysis of the revisions? 

III. What are the environmental effects of this 

action? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is EPA approving? 

EPA is approving an Illinois SIP 

revision that adds to the list of 

compounds that are exempt from being 

considered a VOC. On January 29, 2008, 

Illinois submitted its revised 35 Illinois 

Administrative Code (IAC) 211.7150(a), 

the state’s VOC exemption list, with the 

addition of 1,1,1,2,2,3,4,5,5,5- 

decafluoro-3-methoxy-4- 

trifluoromethyl-pentane (HFE–7300), 

C2F5CF(OCH3)CF(CH3)2, requesting that 

this revised rule be incorporated into 

the Illinois SIP in place of the current 

35 IAC 211.7150(a). Compounds listed 

under 35 IAC 211.7150(a) are 

considered to be excluded from the 

definition of a VOC. These compounds 

were determined to have negligible 

photochemical reactivity. Users of the 

listed compounds are not required to 

follow VOC limits or content 

requirements. 

II. What is EPA’s analysis of the 

revisions? 

EPA evaluated the petition to list 

HFE–7300 as a negligibly reactive 

compound submitted by its 

manufacturer. On January 18, 2007, 

EPA’s approval (72 FR 2193) of adding 

HFE–7300 to its list of compounds that 

are not considered VOCs was effective. 

The reactivity of this compound with 

the hydroxyl radical (OH), the primary 

way by which most organic compounds 

initially participate in atmospheric 

reactions that lead to ozone formation, 

was compared to the reactivity of 

ethane. The reactivity of ethane is the 

benchmark EPA considers in 

determining if an organic compound is 

negligibly reactive. For HFE–7300, the 

reactivity (kOH) was determined to be 

1.5 × 10¥14 cm3/molecule/sec. This is 

lower than ethane’s kOH of 2.4 × 10¥13

cm3/molecule/sec. Thus, EPA considers 

HFE–7300 to be a negligibly reactive 

compound. EPA made this 

determination only for the compound in 

its pure form, meaning at least 99.96 

percent by weight. Any azeotrope 

mixtures or organic blends of HFE–7300 

are not exempt and thus are considered 

VOCs. 

III. What are the environmental effects 

of this action? 

Volatile organic compounds are 

precursors to ozone formation. Complex 

photochemical reactions involving 

VOCs form tropospheric ozone. 

Ozone decreases lung function, 

causing chest pain and coughing. It can 

aggravate asthma, reduce lung capacity, 

and increase risk of respiratory diseases 

like pneumonia and bronchitis. 

Children playing outside and healthy 

adults who work or exercise outside 

may also be harmed by elevated ozone 

levels. Ozone also reduces vegetation 

growth in economically important 

agricultural crops and wild plants. 

EPA has determined that HFE–7300 

makes a negligible contribution to ozone 

formation. Thus, the compound is no 

longer considered to be a VOC for 

emission control purposes, and the 

exemptions will not harm air quality. In 

fact, if sources switch from the use of a 

VOC compound to one of the 

compounds that are no longer 

considered VOC, ozone formation may 

be reduced. 


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45160 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

IV. What action is EPA taking? 

EPA is approving revisions to the 

Illinois SIP for ozone. This revision 

adds one compound to the list of 

compounds considered exempt from 

being a VOC compound. The compound 

HFE–7300 is added to the exempt 

compounds list. Illinois sources are not 

required to follow VOC limits or content 

requirements when using HFE–7300. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective October 3, 2008 without 

further notice unless we receive relevant 

adverse written comments by September 

3, 2008. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

October 3, 2008. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 3, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 14, 2008. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ For the reasons stated in the preamble, 

part 52, chapter I, of title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(182) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(182) On January 29, 2008, Illinois 

submitted revised regulations that are 

consistent with 40 CFR 51.100(s)(1), as 

amended by 72 FR 2193. The compound 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethyl-pentane 

(HFE–7300) was added to the list of 

negligibly reactive compounds excluded 

from the definition of VOM in 35 IAC 

211.7150(a). 

(i) Incorporation by reference. 

(A) Illinois Administrative Code Title 

35: Environmental Protection, Part 211: 

Definitions and General Provisions, 

Subpart B: Definitions, Section 

211.7150: Volatile Organic Matter 

(VOM) or Volatile Organic Compound 

(VOC), Subsection 211.7150(a). Effective 

January 16, 2008. 

[FR Doc. E8–17699 Filed 8–1–08; 8:45 am] 

BILLING CODE 6560–50–P 


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