25388 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

19 CFR Part 122 

Administrative practice and 

procedure, Air carriers, Aircraft, 

Customs duties and inspection, 

Reporting and recordkeeping 

requirements. 

Amendments to the Regulations 

■ For the reasons stated in the preamble, 

DHS amends parts 212, 215 and 235 of 

title 8 of the Code of Federal 

Regulations and parts 4 and 122 of title 

19 of the Code of Federal Regulations as 

set forth below: 

8 CFR Chapter I—Amendments 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANT; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 1. The general authority citation for 

part 212 continues to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1102, 

1103, 1182 and note, 1184, 1187, 1223, 1225, 

1226, 1227, 1359; 8 U.S.C. 1185 note (section 

7209 of Pub. L. 108–458, as amended by 

section 546 of Pub. L. 109–295). Section 

212.1(q) also issued under section 702, 

Public Law 110–229, 100 Stat. 842. 

§ 212.1 [Amended] 

■ 2. Amend § 212.1, paragraphs (e)(1) 

introductory text and (q)(1) introductory 

text, by removing the date ‘‘June 1, 

2009’’ and adding in its place 

‘‘November 28, 2009’’. 

PART 215—CONTROLS OF ALIENS 

DEPARTING FROM THE UNITED 

STATES 

■ 3. The general authority citation for 

part 215 continues to read as follows: 

Authority: 8 U.S.C. 1101; 1104; 1184; 1185 

(pursuant to Executive Order 13323, 

published January 2, 2004); 1365a note. 1379, 

1731–32. 

§ 215.1 [Amended] 

■ 4. Amend § 215.1, paragraphs (e), 

(g)(9), and (j), by removing the date 

‘‘June 1, 2009’’ and adding in its place 

‘‘November 28, 2009’’. 

PART 235—INSPECTION OF PERSONS 

APPLYING FOR ADMISSION 

■ 5. The authority for part 235 

continues to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1103, 

1183, 1185 (pursuant to E.O. 13323, 

published January 2, 2004), 1201, 1224, 1225, 

1226, 1228, 1365a note, 1379, 1731–32; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458). 

§ 235.5 [Amended] 

■ 6. Amend § 235.5, paragraph (a), by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

19 CFR Chapter 1—Amendments 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 7. The general authority for part 4 and 

the specific authority citation for § 4.7b 

continue to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66; 

1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 

App. 3, 91. 

* * * * * 

Section 4.7b also issued under 8 U.S.C. 

1101, 1221; 

* * * * * 

§ 4.7b [Amended] 

■ 8. Amend § 4.7b, paragraph (a), in the 

definition of ‘‘United States,’’ by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

PART 122—AIR COMMERCE 

REGULATIONS 

■ 9. The general authority for part 122 

and the specific authority citation for 

§ 122.49a continue to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 

1431, 1433, 1436, 1448, 1459, 1590, 1594, 

1623, 1624, 1644, 1644a, 2071 note. 

* * * * * 

Section 122.49a also issued under 8 U.S.C. 

1101, 1221, 19 U.S.C. 1431, 49 U.S.C. 44909. 

* * * * * 

§ 122.49a [Amended] 

■ 10. Amend § 122.49a, paragraph (a), in 

the definition of ‘‘United States,’’ by 

removing the date ‘‘June 1, 2009’’ and 

adding in its place ‘‘November 28, 

2009’’. 

Dated: May 21, 2009. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. E9–12345 Filed 5–27–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE295; Special Conditions No. 

23–235–SC] 

Special Conditions: Embraer S.A. 

Model EMB–505; Full Authority Digital 

Engine Control (FADEC) System 

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–505 airplane. This airplane will 

have a novel or unusual design 

feature(s) associated with the use of an 

electronic engine control system instead 

of a traditional mechanical control 

system. 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: The effective date of these 

special conditions is May 20, 2009. We 

must receive your comments by June 29, 

2009. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Small Airplane 

Directorate, Attn: Rules Docket (ACE–7), 

Docket No. CE295, 901 Locust, Room 

301, Kansas City, Missouri 64106. You 

may deliver two copies to the Small 

Airplane Directorate at the above 

address. Mark your comments: Docket 

No. CE295. You may inspect comments 

in the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Room 301, 

Kansas City, Missouri 64106; 816–329– 

4135, fax 816–329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are 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 

issuance. 

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 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25389 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You may 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On October 9, 2006, Embraer S.A. 

applied for a type certificate for their 

new Model EMB–505. The EMB–505 is 

a twin engine jet which has applied for 

type certification in the commuter 

category. As such, the airplane is 

proposed to be type certificated in the 

commuter category of 14 CFR part 23 

(and comparable Brazilian requirements 

RBHA 23) by exemption from 14 CFR 

23.3(d). The EMB–505 is predominantly 

of metallic construction and is a 

conventionally configured low-wing 

monoplane with a T-tail and tricycle 

landing gear. The airplane’s maximum 

takeoff weight is 17490 pounds. The 

VMO/MMO is 320 KCAS/M .78, with a 

maximum operating altitude of 45,000 

feet. Requested operations are day/night 

VFR/IFR and icing operations. 

The Embraer S.A. Model EMB–505 

airplane is equipped with two Pratt and 

Whitney of Canada 3360 pound thrust 

PW535E turbofan engines, each using an 

electronic engine control system 

(FADEC) instead of a traditional 

mechanical control system. Even though 

the engine control system will be 

certificated as part of the engine, the 

installation of an engine with an 

electronic control system requires 

evaluation due to critical environmental 

effects and possible effects on or by 

other airplane systems. For example, 

indirect effects of lightning, radio 

interference with other airplane 

electronic systems, shared engine and 

airplane data and power sources. 

The regulatory requirements in 14 

CFR part 23 for evaluating the 

installation of complex systems, 

including electronic systems and critical 

environmental effects, are contained in 

§ 23.1309. However, when § 23.1309 

was developed, the use of electronic 

control systems for engines was not 

envisioned. Therefore, the § 23.1309 

requirements were not applicable to 

systems certificated as part of the engine 

(reference § 23.1309(f)(1)). Although the 

parts of the system that are not 

certificated with the engine could be 

evaluated using the criteria of § 23.1309, 

the integral nature of systems such as 

these makes it unfeasible to evaluate the 

airplane portion of the system without 

including the engine portion of the 

system. 

In some cases, the airplane that the 

engine is used in will determine a 

higher classification (Advisory Circular 

(AC) 23.1309) than the engine controls 

are certificated for, which will require 

that the FADEC/DEEC systems be 

analyzed at a higher classification. Since 

November 2005, FADEC special 

conditions have mandated the 

classification for § 23.1309 analysis for 

loss of FADEC control as catastrophic 

for any airplane. This is not to imply 

that an engine failure is classified as 

catastrophic, but that the digital engine 

control must provide an equivalent 

reliability to mechanical engine 

controls. 

Type Certification Basis 

Under the provisions of 14 CFR 

§ 21.17, Embraer S.A. must show that 

the Model EMB–505 meets the 

applicable provisions of 14 CFR part 23, 

as amended by Amendments 23–1 

through 23–55, thereto. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 23) do not contain 

adequate or appropriate safety standards 

for the Model EMB–505 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 EMB–505 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 § 611 of Public Law 92– 

574, the ‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

appropriate, as defined in 11.19, under 

§ 11.38, and they become part of the 

type certification basis under 

§ 21.17(a)(2). 

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 novel or unusual 

design feature, the special conditions 

would also apply to the other model. 

Novel or Unusual Design Features 

The Embraer S.A. Model EMB–505 

will incorporate the following novel or 

unusual design features: 

Electronic engine control system. 

Applicability 

As discussed above, these special 

conditions are applicable to the Model 

EMB–505. 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, Model EMB–505, of airplane. It 

is not a rule of general applicability and 

affects only the applicant who applied 

to the FAA for approval of these features 

on the airplane. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Embraer S.A. 

Model EMB–505 is imminent, the FAA 

finds that good cause exists to make 

these special conditions effective upon 

issuance. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

Citation 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701; 14 CFR 21.16 and 21.17; and 14 CFR 

11.38 and 11.19. 

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–505 airplanes. 

1. Electronic Engine Control 

The installation of the electronic 

engine control system must comply 

with the requirements of § 23.1309(a) 

through (e) at Amendment 23–55. The 

intent of this requirement is not to 

reevaluate the inherent hardware 

25390 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

reliability of the control itself, but rather 

determine the effects, including 

environmental effects addressed in 

§ 23.1309(e), on the airplane systems 

and engine control system when 

installing the control on the airplane. 

When appropriate, engine certification 

data may be used when showing 

compliance with this requirement; 

however, the effects of the installation 

on this data must be addressed. 

For these evaluations, the loss of 

FADEC control will be analyzed 

utilizing the threat levels associated 

with a catastrophic failure. 

Issued in Kansas City, Missouri on May 20, 

2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–12417 Filed 5–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0119; Directorate 

Identifier 2008–CE–068–AD; Amendment 

39–15916; AD 2009–11–06] 

RIN 2120–AA64 

Airworthiness Directives; M7 

Aerospace LP Models SA226–AT, 

SA226–T, SA226–TC, SA227–AC (C– 

26A), SA227–AT, SA227–BC (C–26A), 

SA227–CC, and SA227–DC (C–26B) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) to 

supersede AD 2008–12–16, which 

applies to certain M7 Aerospace LP 

SA226 and SA227 series airplanes. AD 

2008–12–16 currently requires you to 

inspect wires and tube assemblies for 

chafing, arcing, or insufficient clearance 

between components. If chafing, arcing, 

or insufficient clearance between 

components is found, AD 2008–12–16 

requires you to clear, repair, and/or 

replace all chafed wires, components, 

and tube assemblies. AD 2008–12–16 

also requires you to cover the four-gauge 

wires leaving the battery box with 

firesleeving and secure them with a 

clamp. Since we issued AD 2008–12–16, 

M7 Aerospace LP has notified us that 

Model SA227–BC (C–26A) was 

inadvertently left out of the 

Applicability section of the AD, and 

they updated some of the service 

information due to parts availability. 

Operators have also identified issues 

with model applicability that needed 

clarification. Consequently, this AD 

retains the actions of AD 2008–12–16, 

adds Model SA227–BC (C–26A) to the 

Applicability section, and regroups the 

models for clarification. We are issuing 

this AD to detect and correct chafing of 

electrical wires, components, and tube 

assemblies. This condition could result 

in arcing of exposed wires with 

consequent burning of a hole in a 

hydraulic line or the bleed air line. This 

failure could lead to a hydraulic fluid 

leak and a possible fire in the engine 

nacelle compartment. 

DATES: This AD becomes effective on 

July 2, 2009. 

On July 2, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in Table 2 of this AD. 

As of July 23, 2008 (73 FR 34615, June 

18, 2008), the Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in Table 3 of this AD. 

ADDRESSES: For service information 

identified in this AD, contact M7 

Aerospace Repair Station, 10823 NE 

Entrance Road, San Antonio, Texas 

78216; telephone: (210) 824–9421; fax: 

(210) 804–7766; Internet: http:// 

www.m7aerospace.com. 

To view the AD docket, go to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or on the Internet at http:// 

www.regulations.gov. The docket 

number is FAA–2009–0119; Directorate 

Identifier 2008–CE–068–AD. 

FOR FURTHER INFORMATION CONTACT: 

Werner Koch, Aerospace Engineer, 

ASW–150, Fort Worth Airplane 

Certification Office, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; 

telephone: (817) 222–5133; fax: (817) 

222–5960. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On February 6, 2009, we issued a 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an AD that would apply to 

certain M7 Aerospace LP SA226 and 

SA227 series airplanes. This proposal 

was published in the Federal Register 

as a notice of proposed rulemaking 

(NPRM) on February 12, 2009 (74 FR 

7006). The NPRM proposed to 

supersede AD 2008–12–16 with a new 

AD that would retain the actions of AD 

2008–12–16, add the Model SA227–BC 

(C–26A) to the Applicability section, 

and regroup the models for clarification. 

Comments 

We provided the public the 

opportunity to participate in developing 

this AD. The following presents the 

comment received on the proposal and 

FAA’s response: 

Comment Issue: Inspection 

Applicability 

George L. Smith commented that it 

was unclear if paragraph (e)(3) of the AD 

applied to airplanes with batteries 

mounted in the nose of the airplane or 

if the AD only applied to airplanes with 

the battery located in the wing leading 

edge. 

As specified in the Applicability 

section, this AD applies to all serial 

numbers regardless of where the battery 

is located. Therefore the actions 

required in paragraph (e)(3) of this AD 

apply to all airplanes listed in the 

Applicability section regardless of 

where the battery is located. For added 

clarity we are adding the applicable 

serial numbers to the paragraph. 

We are changing the final rule AD by 

adding the applicable serial numbers to 

each action based on this comment. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed except for 

the change previously discussed and 

minor editorial corrections. We have 

determined that these minor 

corrections: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Costs of Compliance 

We estimate that this AD affects 268 

airplanes in the U.S. registry. 

We estimate the following costs to do 

the inspection: