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21286 Federal Register / Vol. 73, No.

77 / Monday, April 21, 2008 / Proposed Rules

nonimmigrant students in determining provided in paragraphs (b)(1) and (c) of • Hand Delivery or Courier: Deliver
the SEVIS access termination date. this section; and comments to: Tess Butler, GIPSA,
SEVP will not determine a SEVIS access (3) An alien who applies for M–1 or USDA, 1400 Independence Avenue,
termination date for that school until M–3 status in order to enroll in a SW., Room 1643–S, Washington, DC
the appeals process has concluded and program of study at an SEVP-certified 20250–3604.
the initial denial or withdrawal has vocational educational institution, • Federal eRulemaking Portal: Go to
been upheld unless a school whose including a flight school, in the amount http://www.regulations.gov. Follow the
certification is withdrawn or whose of $200. online instructions for submitting
recertification is denied is suspected of * * * * * comments.
criminal activity or poses a potential • Instructions: All comments should
Michael Chertoff,
national security threat. The school will make reference to the date and page
no longer be able to access SEVIS, and Secretary. number of the February 11, 2008, issue
SEVP will automatically terminate any [FR Doc. E8–8261 Filed 4–18–08; 8:45 am] of the Federal Register. [73 FR 7686]
remaining Active SEVIS records for that BILLING CODE 4410–10–P • Read Comments: All comments will
school on the SEVIS access termination be available for public inspection in the
date. above office during regular business
(3) Legal obligations and DEPARTMENT OF AGRICULTURE hours (7 CFR 1.27(b)).
ramifications for a school and its DSOs FOR FURTHER INFORMATION CONTACT: S.
when a school is having SEVP Grain Inspection, Packers and
Brett Offutt, Director, Policy and
certification denied or withdrawn. Stockyards Administration
Litigation Division, P&SP, GIPSA, 1400
Schools are obligated to their students Independence Avenue, SW.,
to provide the programs of study to 9 CFR Part 201
Washington, DC 20250–3646, (202) 720–
which they have committed themselves RIN 0580–AA99 7363, s.brett.offutt@usda.gov.
in the students’ application for SUPPLEMENTARY INFORMATION: GIPSA
enrollment and acceptance process. Weighing, Feed, and Swine
published a notice of proposed
Schools are obligated to the U.S. Contractors
rulemaking in the Federal Register on
government to comply with the AGENCY: Grain Inspection, Packers and February 11, 2008 (73 FR 7686), seeking
recordkeeping, retention, reporting and Stockyards Administration, USDA. public comment on proposed
other requirements contained in 8 CFR amendments to 9 CFR part 201. The
ACTION: Proposed rule; notice of
214.3. With any new petition for SEVP comment period of 60 days from the
reopening of comment period.
certification, SEVP will consider the date of publication closed on April 11,
extent to which a school has fulfilled SUMMARY: We published a notice of 2008. GIPSA has received a request from
these obligations to students and the proposed rulemaking in the Federal the poultry industry to provide
U.S. government during any previous Register on February 11, 2008 (73 FR interested parties additional time to
period of SEVP certification. 7686), asking for comments on proposed comment. In response, the comment
6. Section 214.13 is amended by amendments to four existing scales and period is reopened for an additional 30-
revising paragraph (a), to read as weighing regulations issued under the day period. Any comments submitted
follows: Packers and Stockyards Act (P&S Act). after the close of the original comment
The notice provided an opportunity for period on April 11, 2008, but prior to
§ 214.13 SEVIS fee for certain F, J, and M interested parties to submit written
nonimmigrants. the date of publication of this notice in
comments to Grain Inspection, Packers the Federal Register will also be
(a) Applicability. The following aliens and Stockyards Administration (GIPSA) considered. All comments submitted
are required to submit a payment in the until April 11, 2008. In response to a between February 11, 2008 and May 21,
amount indicated for their status to the request from the poultry industry, we 2008 will be considered.
Student and Exchange Visitor Program are reopening and extending the
(SEVP) in advance of obtaining Dated: April 14, 2008.
comment period to provide interested
nonimmigrant status as an F or M parties with additional time in which to Alan Christian,
student or J exchange visitor, in comment. Acting Administrator, Grain Inspection,
addition to any other applicable fees, Packers and Stockyards Administration.
DATES: The comment period for the
except as otherwise provided for in this [FR Doc. E8–8554 Filed 4–18–08; 8:45 am]
proposed rule published at 73 FR 7686,
section: February 11, 2008, which originally BILLING CODE 3410–KD–P
(1) An alien who applies for F–1 or F– closed on April 11, 2008, is reopened
3 status in order to enroll in a program and extended through May 21, 2008. We
of study at an SEVP-certified institution will consider comments that we receive DEPARTMENT OF TRANSPORTATION
of higher education, as defined in by May 21, 2008.
section 101(a) of the Higher Education ADDRESSES: We invite you to submit Federal Aviation Administration
Act of 1965, as amended, or in a comments on this notice of proposed
program of study at any other SEVP- rulemaking. You may submit comments 14 CFR Part 25
certified academic or language-training by any of the following methods:
institution including private elementary [Docket No. NM391; Notice No. 25–08–05–
• E-Mail: Send comments via SC]
and secondary schools and public electronic mail to
secondary schools, the amount of $200;
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comments.gipsa@usda.gov. Special Conditions: Embraer S.A.,


(2) An alien who applies for J–1 status • Mail: Send hardcopy written Model ERJ 190–100 ECJ Airplane;
in order to commence participation in comments to Tess Butler, GIPSA, USDA, Flight-Accessible Class C Cargo
an exchange visitor program designated 1400 Independence Avenue, SW., Room Compartment
by the Department of State (DOS), the 1643–S, Washington, DC 20250–3604.
amount of $180, with a reduced fee for • Fax: Send comments by facsimile AGENCY:Federal Aviation
certain exchange visitor categories as transmission to: (202) 690–2755. Administration (FAA), DOT.

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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules 21287

ACTION: Notice of proposed special We will consider all comments we It was not intended for access during
conditions. receive on or before the closing date for flight. Access into a cargo compartment
comments. We will consider all inherently carries with it an increased
SUMMARY: This action proposes special comments filed late if it is possible to level of risk as baggage or cargo could
conditions for the Embraer S.A. Model do so without incurring expense or shift, a decompression could occur in
ERJ 190–100 ECJ airplane. This airplane delay. We may change these special the compartment, or a fire could
will have novel or unusual design conditions based on the comments we develop during the flight. The FAA
features associated with access during receive. considers that any of these threats are
flight of the main deck Class C cargo If you want the FAA to acknowledge beyond passengers’ capabilities. In
compartment. The applicable receipt of your comments on this addition, there are security concerns
airworthiness regulations do not contain proposal, include with your comments with access to the checked baggage and/
adequate or appropriate safety standards a pre-addressed, stamped postcard on or cargo.
for this design feature. These proposed which the docket number appears. We The FAA acknowledges that an
special conditions contain the will stamp the date on the postcard and allowance was made specifically for
additional safety standards that the mail it back to you. crew access into a Class B cargo
Administrator considers necessary to compartment for the express purpose of
establish a level of safety equivalent to Background
fire fighting. Passengers’ access during
that established by the existing Embraer made the original application flight into aft Class B cargo
airworthiness standards. for certification of the ERJ 190 on May compartments has been permitted in the
DATES: Comments must be received on 20, 1999. The Embraer application past for other small aircraft that are
or before May 12, 2008. includes six different models, the initial operated under part 91 and 135
variant being designated as the ERJ 190– operations. Passengers’ quick access to
ADDRESSES: Comments on this proposal
100. The application was submitted luggage has been allowed because of the
may be mailed in duplicate to: Federal
concurrently with that for the ERJ 170– limited duration for use and limited
Aviation Administration, Transport
100, which received an FAA Type number of passengers possibly affected.
Airplane Directorate, Attention: Rules
Certificate (TC) on February 20, 2004. These approvals were granted before the
Docket (ANM–113), Docket No. NM391,
Although the applications were increased security concerns and the new
1601 Lind Avenue, SW., Renton,
submitted as two distinct type regulations imposed by the
Washington, 98057–3356. You may
certificates, the airplanes share the same Transportation Security Administration
deliver two copies to the Transport
conceptual design and general (TSA) to address the security concerns.
Airplane Directorate at the above configuration. On July 2, 2003, Embraer The FAA gave no consideration to a
address. You must mark your submitted a request for an extension of flight-accessible Class C cargo
comments: Docket No. NM391. You may its original application for the ERJ 190 compartment when the classification
inspect comments in the Rules Docket series, with a new application date of was first developed, as no manufacturer
weekdays, except Federal holidays, May 30, 2001, for establishing the type had ever proposed to incorporate such
between 7:30 a.m. and 4 p.m. certification basis. The FAA a feature into their design. Inherently a
FOR FURTHER INFORMATION CONTACT: certification basis was adjusted to reflect ‘‘cargo compartment’’ was not intended
Jayson Claar, FAA, Airframe/Cabin this new reference date. In addition, for access, especially by the traveling
Safety Branch, ANM–115, Transport Embraer has elected to voluntarily public.
Airplane Directorate, Aircraft comply with certain 14 CFR part 25 The FAA acknowledges that a
Certification Service, 1601 Lind amendments introduced after the May previous Embraer airplane, the Embraer
Avenue, SW., Renton, Washington 30, 2001, application date. EMB 135BJ, has a flight-accessible Class
980557–3356; telephone 425–227–2194; On May 30, 2001, Embraer S.A. C cargo compartment that was approved
facsimile 425–227–1232. applied for an amendment to Type using an equivalent level of safety
SUPPLEMENTARY INFORMATION: Certificate No. A57NM to include the finding. The Embraer EMB 135BJ design
new Embraer Model ERJ 190–100 ECJ. is similar to the proposed design for the
Comments Invited The ERJ 190–100 ECJ is a derivative of ERJ 190–100 ECJ. The EMB 135BJ
We invite interested persons to the Embraer ERJ 190 which is approved approval was granted before the
participate in this rulemaking by under Type Certificate No. A57NM. The increased security concerns and the new
sending written comments, data, or ERJ 190–100 ECJ is a low wing, regulations imposed by the TSA to
views. The most helpful comments transport-category aircraft powered by address security concerns. We have
reference a specific portion of the two wing-mounted General Electric determined that because the existing
special conditions, explain the reason CF34–10E6 turbofan engines. The airworthiness standards do not contain
for any recommended change, and airplane is a 19-passenger regional jet adequate or appropriate safety
include supporting data. We ask that with a maximum take off weight of standards, relative to cargo
you send us two copies of written 54,500 kilograms (120,151 pounds). The compartment accessibility by passengers
comments. maximum operating altitude and speed during flight, special conditions are the
We will file in the docket all are 41,000 feet and 320 knots calibrated appropriate method for this and all
comments we receive, as well as a air speed (KCAS)/0.82 MACH, future accessible Class C cargo
report summarizing each substantive respectively. The ERJ 190–100 ECJ compartments.
public contact with FAA personnel design includes an accessible main deck
concerning these special conditions. Class C cargo compartment. Type Certification Basis
You can inspect the docket before and The regulations consider that a ‘‘cargo Under the provisions of § 21.101,
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after the comment closing date. If you compartment’’ is not intended for access Embraer S.A. must show that the Model
wish to review the docket in person, go during flight by the traveling public. ERJ 190–100 ECJ meets the applicable
to the address in the ADDRESSES section The intent of the Class C cargo provisions of the regulations
of this preamble between 7:30 a.m. and compartment was that it be a self- incorporated by reference in Type
4 p.m., Monday through Friday, except contained, isolated compartment Certificate No. A57NM or the applicable
Federal holidays. intended to carry baggage and/or cargo. regulations in effect on the date of

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21288 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules

application for the change to the ERJ which is needed to protect the the compartment with an extinguishing
190–100 ECJ. The regulations passengers from any fire and smoke that agent. These extinguishing agents are
incorporated by reference in the type may start within the cargo compartment, hazardous to humans. In the event of
certificate are commonly referred to as as required by § 25.857(c). In addition, smoke detection, the flightcrew should
the ‘‘original type certification basis.’’ in-flight access to the Class C ensure that the cargo compartment is
The regulations incorporated by compartment creates unique hazards not occupied before they discharge the
reference in Type Certificate No. resulting from passengers having access extinguishing agent. To address this
A57NM are as follows: to cargo and baggage in the concern, a warning system is provided
Embraer has proposed to voluntarily compartment. These hazards include to the flight crew to alert them when a
adopt several 14 CFR part 25 safety for the persons entering the cargo person is in the cargo compartment.
amendments that became effective after compartment, possible hazards to the However, the FAA’s position is that the
the requested new application date of airplane as a result of this access, and fire threat is of paramount concern, and
May 30, 2001, specifically Amendment the security concerns with access to the therefore prompt crew action to fight the
25–102, except paragraph 25.981(c); checked baggage and/or cargo. The fire must be taken to prevent a fire from
Amendments 25–103 through 25–105 in proposed special conditions provide threatening the safety of the airplane.
their entirety; Amendment 25–107, additional requirements necessary to After the extinguishing agent has been
except paragraph 25.735(h); ensure sufficient cabin isolation from discharged into the compartment, there
Amendment 25–108 through 25–110 in fire and smoke in this unusual design must be a means of alerting person(s)
their entirety; and Amendments 25–112 configuration, and for passenger safety not to enter the compartment. It must be
through 25–114 in their entirety. while occupying the Class C located adjacent to the entry/exit door
If the Administrator finds that the compartment during flight. In the that provides access into the
applicable airworthiness regulations future, the FAA position on this special compartment. Access into the cargo
(i.e., part 25) do not contain adequate or condition may change due to increasing compartment must be prevented after
appropriate safety standards for the concern over airplane security. discharge of the extinguishing agent to
Embraer Model ERJ 190–100 ECJ The FAA has been in contact with the prevent persons being exposed to the
because of a novel or unusual design TSA to understand the security extinguishing agent and to keep the
feature, special conditions are concerns with passengers having access extinguishing agent in the compartment
prescribed under the provisions of in-flight to checked baggage and/or to control the fire.
§ 21.16. cargo. The TSA has provided the Passengers in the cabin are alerted
In addition to the applicable following information to clarify the when oxygen is needed. A person in the
airworthiness regulations and special regulations concerning access to cargo cargo compartment would not be alerted
conditions, the Embraer Model ERJ 190– compartments by passengers. when oxygen is needed. To address this
100 ECJ must comply with the fuel vent concern, an aural and visual indication
Aircraft operators holding operating
and exhaust emission requirements of certificates under 14 CFR part 119 for
system within the cargo compartment is
14 CFR part 34 and the noise scheduled passenger operations, public required to alert the person(s) that
certification requirements of 14 CFR charter passenger operations, private charter oxygen is required. An oxygen
part 36. passenger operations must have an aircraft dispensing unit must be provided
The FAA issues special conditions, as operator security program. For U.S. flag adjacent to the entry door into the cargo
defined in § 11.19, under § 11.38, and carriers 49 CFR 1544 regulates the operator compartment to have oxygen readily
security program. Specifically, 49 CFR available for the person leaving the
they become part of the type 1544.101(a)–(i) describes the type of program
certification basis under § 21.101. an aircraft operator must adopt depending on
compartment. The oxygen supply lines
Special conditions are initially the type of aircraft operation. For the vast must not be routed into the cargo
applicable to the model for which they majority of operations in-flight access to compartment because that would
are issued. Should the type certificate checked baggage and/or cargo by passengers provide a source of oxygen to the cargo
for that model be amended later to is NOT permitted by the aircraft operator which would feed a fire.
include any other model that security program. Aircraft operators should If a net is used as the primary means
incorporates the same or similar novel contact their Principal Security Inspector of retention of the cargo, an untrained
(PSI) concerning in-flight access to checked person accessing a cargo compartment
or unusual design feature, or should any baggage and/or cargo by passengers.
other model already included on the may not be capable of securing the net
same type certificate be modified to Based on this understanding of the TSA correctly to maintain the retention of the
incorporate the same or similar novel or regulations, the FAA’s position is that cargo. The improperly restrained cargo
unusual design feature, the special the basic approval for flight-accessible could be a hazard in flight to the safe
conditions would also apply to the other Class C cargo compartment should be operation of the airplane and a hazard
model under § 21.101. limited to airplanes operated for private to the occupants under crash load
use, not-for-hire, not for common conditions.
Novel or Unusual Design Features carriage.
The Embraer Model ERJ 190–100 ECJ For airplanes not operated for hire or Applicability
will incorporate the following novel or offered for common carriage, flight- As discussed above, these special
unusual design features: an unusual accessibility to check baggage and/or conditions are applicable to the ERJ
design relative to those which have been cargo is controlled by the operator of the 190–100 ECJ. Should Embraer S.A.
certificated under 14 CFR part 25, and airplane. This provision does not apply at a later date for a change to the
passenger access during flight of a Class preclude the operator from receiving type certificate to include another
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C cargo compartment. remuneration to the extent consistent model incorporating the same novel or
with 14 CFR parts 125 and 91, subpart unusual design feature, the special
Discussion F, as applicable. These airplane conditions would apply to that model as
The FAA considers that Class C cargo operators do not hold operating well.
compartment access during flight may certificates under 14 CFR part 119. Certification of the ERJ 190–100 ECJ is
impact the isolation of the passenger For Class C cargo compartments, the currently scheduled for June 2008. The
cabin from the cargo compartment, means of controlling a fire is by flooding substance of these special conditions

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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Proposed Rules 21289

has been subject to the notice and immediately available to an occupant(s) novel and unusual design feature, in
public comment procedure in several of the baggage compartment. For these that it features multiple electrical/
prior instances. Therefore, because a special conditions, immediately electronic equipment bays that are
delay would significantly affect the available means the oxygen dispensing located throughout the airplane. The
applicant’s installation of the system units are located in the passenger cabin applicable airworthiness regulations do
and certification of the airplane, we are near the main entry door/hatch to the not contain adequate or appropriate
shortening the public comment period main deck cargo compartment (no safety standards for this design feature.
to 20 days. oxygen supply lines are allowed to be These proposed special conditions
routed into the compartment). The contain the additional safety standards
Conclusion
number of oxygen dispensing units that the Administrator considers
This action affects only certain novel must be equal to the number of necessary to establish a level of safety
or unusual design features on Model ERJ occupants allowed in the cargo equivalent to that established by the
190–100 ECJ airplanes. It is not a rule compartment. There must be a placard existing airworthiness standards.
of general applicability. located on or adjacent to the cargo door Additional special conditions will be
List of Subjects in 14 CFR Part 25 instructing occupants of the maximum issued for other novel or unusual design
number of occupants allowed in the features of the Embraer S.A. Model ERJ
Aircraft, Aviation safety, Reporting cargo compartment. 190–100 ECJ airplane.
and recordkeeping requirements. 6. For cargo and baggage placed in the DATES: Comments must be received on
The authority citation for these baggage compartment whose primary or before May 12, 2008.
special conditions is as follows: retention means is by net, the net must ADDRESSES: Comments on this proposal
Authority: 49 U.S.C. 106(g), 40113, 44701, be constructed so that the means of may be mailed in duplicate to: Federal
44702, 44704. opening and closing or securing the net Aviation Administration, Transport
is easily identified and operated. Airplane Directorate, Attention: Rules
The Special Conditions 7. These special conditions apply to Docket (ANM–113), Docket No. NM390,
Therefore, under the authority main deck accessible Class C cargo 1601 Lind Avenue, SW., Renton,
delegated to me by the Administrator, compartments with volumes of 10 m3 or Washington 98057–3356. You may
the following special conditions are less. Class C cargo compartments that deliver two copies to the Transport
issued as part of the supplemental type are accessible to passengers with a Airplane Directorate at the above
certification basis for the Embraer S.A. volume greater than 10 m3 may be address. You must mark your
Model ERJ 190–100 ECJ. approved, but would likely require comments: Docket No. NM390. You may
The Proposed Special Conditions additional limitations or provisions to inspect comments in the Rules Docket
mitigate the larger volume. Note that weekdays, except Federal holidays,
Accordingly, the Federal Aviation there may also be a maximum volume
Administration (FAA) proposes the between 7:30 a.m. and 4 p.m.
above which access is not acceptable.
following special conditions as part of FOR FURTHER INFORMATION CONTACT:
8. The airplane is not operated for
the type certification basis for Embraer hire or offered for common carriage. Stephen Happenny, FAA, Propulsion/
S.A. Model ERJ 190–100 ECJ airplanes. This provision does not preclude the Mechanical Branch, ANM–112,
1. There must be a clear, visual operator from receiving remuneration to Transport Airplane Directorate, Aircraft
message in the cockpit to advise the the extent consistent with 14 CFR parts Certification Service, 1601 Lind
flightcrew when the main deck Class C 125 and 91, subpart F, as applicable. Avenue, SW., Renton, Washington
cargo compartment is occupied. 98057–3356; telephone 425–227–2147;
2. There must be means provided to Issued in Renton, Washington, on April 11, facsimile 425–227–1232.
2008.
keep the cargo door open while the SUPPLEMENTARY INFORMATION:
Philip L. Forde,
cargo compartment is occupied. There
must be a placard located on or adjacent Acting Manager, Transport Airplane Comments Invited
Directorate, Aircraft Certification Service. We invite interested persons to
to the cargo door instructing occupants
that the door must be closed and latched [FR Doc. E8–8582 Filed 4–18–08; 8:45 am] participate in this rulemaking by
at all times except when someone is in BILLING CODE 4910–13–P sending written comments, data, or
the cargo compartment. This placard views. The most helpful comments
must also instruct the person entering reference a specific portion of the
the cargo compartment to keep the door DEPARTMENT OF TRANSPORTATION special conditions, explain the reason
open when they are in the cargo for any recommended change, and
Federal Aviation Administration
compartment and to immediately close include supporting data. We ask that
and latch the door when they exit the you send us two copies of written
14 CFR Part 25
cargo compartment. comments.
3. There must be a (on/off) visual [Docket No. NM390; Notice No. 25–08–04– We will file in the docket all
advisory/warning stating ‘‘Do Not SC] comments we receive, as well as a
Enter’’ (or similar words) to be located report summarizing each substantive
outside of and on or near the main entry Special Conditions: Embraer S.A., public contact with FAA personnel
door/hatch to the main deck cargo Model ERJ 190–100 ECJ Airplane; Fire concerning these special conditions.
compartment. The advisory/warning is Protection You can inspect the docket before and
to be controlled from the flight deck. AGENCY: Federal Aviation after the comment closing date. If you
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4. There must be an aural and visual Administration (FAA), DOT. wish to review the docket in person, go
warning provided in the baggage ACTION: Notice of proposed special to the address in the ADDRESSES section
compartment to alert an occupant when conditions. of this preamble between 7:30 a.m. and
an oxygen mask must be donned 4 p.m., Monday through Friday, except
immediately. SUMMARY: This action proposes special Federal holidays.
5. Oxygen dispensing units must be conditions for the Embraer S.A. Model We will consider all comments we
automatically presented and ERJ 190–100 ECJ airplane which has a receive on or before the closing date for

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