Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 46539 

Dated: August 5, 2008. 

John C. Dugan, 

Comptroller of the Currency. 

[FR Doc. E8–18410 Filed 8–8–08; 8:45 am] 

BILLING CODE 4810–33–C 

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. 

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., 


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46540 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 

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 selfcontained, 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 flightaccessible 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 § 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 

§ 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 § 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 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 § 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 


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Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 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 inflight, 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. 

■ 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. 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 


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46542 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Rules and Regulations 

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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29316; Directorate 

Identifier 2007–CE–078–AD; Amendment 

39–15334; AD 2008–02–04] 

RIN 2120–AA64 

Airworthiness Directives; Eclipse 

Aviation Corporation Model EA500 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This document makes a 

correction to Airworthiness Directive 

(AD) 2008–02–04, which was published 

in the Federal Register on January 22, 

2008 (73 FR 3618), and applies to all 

Eclipse Aviation Corporation (Eclipse) 

Model EA500 airplanes. This AD 

requires incorporating a modification of 

the angle of attack (AOA) system, limits 

the applicability to airplanes under S/N 

000065, and retains the operating 

limitations from AD 2007–13–11 until 

the modification is incorporated. The 

FAA incorrectly referenced the issue 

date of the AD as ‘‘January 9, 2007’’

instead of ‘‘January 9, 2008.’’ This 

document corrects the issue date. 

DATES: The effective date of this AD 

remains February 26, 2008, since the 

incorrect reference of the issue date of 

AD 2008–02–04 does not affect 

compliance. 

FOR FURTHER INFORMATION CONTACT: Al 

Wilson, Flight Test Pilot, Airplane 

Certification Office, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 

76137–4298; telephone: (817) 222–5146; 

fax: (817) 222–5960. 

SUPPLEMENTARY INFORMATION: 

Discussion 

AD 2008–02–04, Amendment 39–

15334 (73 FR 3618, January 22, 2008), 

affects Eclipse Model EA500 airplanes 

and currently: 

• Requires incorporating a 

modification of the angle of attack 

(AOA) probe; 

• Limits the applicability to airplanes 

under S/N 000065; and 

• Retains the operating limitations 

from AD 2007–13–11 until the 

modification is incorporated. 

The FAA incorrectly referenced the 

issue date as ‘‘January 9, 2007’’ instead 

of ‘‘January 9, 2008.’’ This document 

corrects the issue date. 

Need for the Correction 

This correction is needed to reflect 

the correct issue date on the AD. 

Correction of Publication 

Accordingly, the publication of 

January 22, 2008 (73 FR 3618), which 

was the subject of FR Doc. E8–751, is 

corrected as follows: 

Section 39.13 [Corrected] 

On page 3619, in the third column, in 

the sixth and seventh lines from the 

bottom, under the heading § 39.13 

[Amended], replace ‘‘January 9, 2007’’

with ‘‘January 9, 2008.’’

Action is taken herein to correct this 

reference in the AD. 

The effective date of this AD remains 

February 26, 2008, since the incorrect 

reference of the issue date of AD 2008–

02–04 does not affect compliance. 

Issued in Kansas City, Missouri, on August 

1, 2008. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18227 Filed 8–8–08; 8:45 am] 

BILLING CODE 4910–13–P 


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