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^ 

DEPTOFTR'^NSPORI 

U,S. Department 

of Transportation 

Federal Avidtlein 

Admlntetrarion MAR 1 7 201Q 

~i f") n. [ "N 

Mr. Sergio Augusto Viana deCarvalho 

Certificate Manager 

Embraer Emprega Brasilcira de Aeronautica S,A. 

Av. Brig. Faria Lima, 2170, Putim, 12227-901 

Sao Jose dos Compos - SP 

Brazil 

Dear Mr. Sergio Augusto Viana deCaryalho; 

We are enclosing an amendment to the grant of exemptiou for tbe petition you submitted on 

October 11,2006. Your petition requested an exemption firom the requirements of § 23.3(d) 

to allow certification of the Embraef model BMB-505 airplane in the commuter category, 

When we amended the exemption to Exemption No. 9302A, we accidentally mentioned the 

SJ30-2 under the last paragraph of the petitioner's supporting information. We apologize 

for the error. We have corrected the ciror wiiliin the attached amendment. The remainder 

of the exemption is the same its Exemption 9302A. 

We appreciate Embraer's patience with tliis exemption. If you have any questions, please 

contact Mr, Karl Schletzbaum at the above address or call hira on 816-329-4146. 

Sincerely, 

Kim Smith 

Manager, Small Airplane Directorate 

Aircraft Certification Service 

Enclosures 
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cc: 

Hclio Tarquinio Junior 

ANAC Program Certification Manager 

Ageneia Nacional de Aviacao Civil-Brasil 

Gerencia Geral de Certificacao de Produtos Aeronautieos 

Pea. Mai Eduardo Gomes 50—^Vila das Acacias (predio do CTA-IFIO 

12228-901—Sao Jose dos Campos—SP 

Brazil 
Exemption No. 9302B 

UNITED STATES OF AMERICA 

DEPARTMENT OE TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

KANSAS CITY, MO 64106 

In the matter of the petition of 

Embraef 

for an exemption ftom § 23-3(d) 

ofTitlel4, Codeof 

Federal Regulations 

RegnlatoTy OocUet No. F'AA-a006-i6659 

AMENDMENT TO GRANT OF EXEMPTION 

By letter dated October U, 2006, Sergio Augusto Viana deCarvalho, Certification 

Manager, Embraer Bmpresa Brasileira de Aeronautica S.A., Av. Brig, Faria Lima, 2170, 

Putim, 12227-901 - Sao Jose dos Campos - SP, Brazil petitioned the Federal Aviation 

Administration (FAA) on behalf of Embraer for an exemption from 14 CFR part 23. 

123.3(d), The exemption was granted on June 1,2007 to allow the EMB-505 to be 

certificated in the Commuter Category of 14 CFR part 23. 

The exemption, as granted, allows the Embraer model EMB-505, a two engine turbojet 

airplane to be type certified in the commuter category. Under 14 CFR part 23, § 23.3(d), the 

commuter category is currently limited to propeller driven multiengine aitoraft. 

After granting the exemption, the FAA re-examined the Conditions and Limitations as 

originally granted, hi comparing the Conditions and Limitations to the text of the applicant's 

exemption request letter, the FAA determined that while Embraer had voluntarily adopted the 

emergency landing dynamic conditions of 14 CFR part 23, § 23,562, (which ate not required 

for commuter category airplanes), the requirement to comply with this regulation was not 

listed in the Conditions and Limitaiions. We amended the exemption to add the requirement 

to meet the provisions of § 23,562 to the Conditions and Limitations of this exemption to 

positively assert that compliance with § 23.562 ia required as part of the granting of the 

exemption. However, in amending ^ e exemption, we inadvertently mentioned the SJ30-2 

within the petitioner's supporting information. This amendment corrects that error. 
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The petitioner requires relief from the following regulation: 

Section 23.3(d) prescribes that "The commuter category is limited to propeller-driven, 

multiengine airplanes ...." 

The petitioner supports its request with the followimg information: 

(NOTE: The following is from the petitioner's letter of October 11, 2006.) 

"Summary of Regulation and Description of the Relief Sought by Petition 

'•14 CFR § 23.3(d) 

"The commuter cate|;ory is limited to propeller-driven, multiengine aiqplanes that have a 

seating configuration, excluding pilot seats, of T9 or less, and a maximum certificated takeoff 

weight of 19,000 pounds or less. The commuter category operation is limited to any 

maneuver incident to normal flying, stalls (except whip stalls), and steep turns, in which the 

angle of bank is not more than 60 degrees. 

"Petition Summary 

"Embraer seeks relief fhjm the limit in 23.3(d) that permits only propeller-driven airplanes to 

be certificated in commuter category. This petition will allow certification of the 

lurbojet/turbofan-powered Embraer EMB-505 in the commuter category of 14 CFR Part 23. 

"Why Granting this Petition will Result in a Level of Safety at least Equal to that Provided by 

the Rule From Which Sxemption is Requested 

"Embraer believes that certification in the commuter category of 14 CFR Part 23 of 

turbojet/turbofan-powered airplanes with gross weights between 12,500 lbs, and 19,000 lbs, is 

justified on safety grounds. As described in more detail below, there is a significant increase 

in the level of safety provided by jet powered airplanes compared to turbo-propeller powered 

airplanes of the same weight. This overall increase in safety significantly outweiglis the small 

increases in the level of precaution required in some particular situations (as discussed below). 

"Safety Comparison between Turbojet[/TurbofanJ and Turboprop-powered Airplanes 

"Similar to the jump in safety and robustness provided by turboprops compared to 

reciprocating engines, turbojet[/turbofan]-powered,airplanes are similarly safer and more 

capable than those with turboprops. In almost every respect, a jet [turbojet/turbofan]-engine 

airplane is safer than a similar airplane with turboprops. 
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"Tire propulsion system is significantly more reliable because the complexity of the propeller 

and its governing system is removed. In addition to that, the remaining failure modes are 

more benign because propeller failures are eliminated and the engine-out handling qualities 

are much better than those of turboprops. Handling qualities in general are better because of 

the lack of propeller effect. The cockpit environment is much improved due to lower levels of 

noise and vibration, which causes less crew fatigue, 

"The excess thrust for a jet is significantly higher in both the normal all-engine configuration 

as well as with one engine inoperative, which provides much better climb performance. The 

higher excess thrust also provides more protection from the adverse effect of icing on 

performance. The performance from jet engines provides the ability to climb above much 

adverse weather like icing, turbulence, and embedded thunderstorms. The higlier cruise 

speeds provide more/ibility to maneuver around weather. 

"In a study done for the International Business Aviation Council, Robert Bieiling and 

Associates conducted an analysis of accidents in business aircraft that occurred worldwide 

between 1998 and 2002, This study provides a good way to look at the level of safiity 

provided by turbojet[/turbofan] and turboprop airplanes because it focuses on a type of 

operation where the fleet size and operating hours are relatively balanced between the two 

types of airplanes. Although commercial aircraft accident data is typically more reliable due 

to better recordkeeping and due to more in-depth accident investigations, the fleet is more 

heavily skewed to turbojct[/turbofan] engines. The report separates the data into different 

categories, like type of operation (charter or Part 91), professionally-flown compared to 

owner-flown, and between turbojets[/turbofans] and turboprops. 

"The overall accident rate for turbojet[/turbofan]-powered business airplanes is three times 

lower than that for similar turboprops (0,53/lOOK hours compared to 1.47/lOOK hours). The 

fatal accident rate shows roughly the same difference (0.16/100K hours compared to 

0.53/lOOK hours). This is a clear indication tliat, for airplanes being used in a similar 

operating environment, jet [Turbojet/Turbofan]-engine airplanes provide a significantly higher 

level of safety than turboprops. 

"Certification Requirements in Excess of 14 CFR Part 23 

"As part of the certification basis of the EMB-505, Embraer will voluntarily adopt the 

emergency landing dynamic condition requirements of Amendment 50 to 14 CFR § 23.562. 

This is currently not required for certification in commuter category, but will provide for 

increased occupant protection in the event of a crash larding compared to the existing 

requirements in 14 CFR Part 23. 
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"Situations when Turbojetsf/TurbofansJ May Require Higher Level of Precautions 

"There arc some situations when a jet [Turbojet/Turbofan]-engine airplane may require higher 

level of precautions because of the operating environment or because of special characteristics 

of jet [Turbojet/Turbo fan]-engine airplanes, but in these cases there are either special 

certification requirements that provide compensation or other means (like pilot training) will 

be used to address the hazard. 

"Jet [Turbojet/Turbofan] airplanes will operate at higher altitudes, where the risk of 

decompression sickness or hypoxia is higher in the event of cabin depressurization, but the 

EMB-505 will show compUance to the high altitude special condition which is designed to 

compensate for the risk from this more hazardous environment. 

"The higher operating speeds of jet [Turbojet/Turbofan] airplanes could liave an adverse 

impact on fli^t crew workload, but the EMB-505 will be certificated to the same workload 

standards of 14 CFR § 23,1523 for all approved kinds of operation (VFR, IFR, day/night, 

icing, RVSM). The human factors centered design and certification process will be similar to 

that used for Part 25, 

"Some small jets [Turbojets/Turbofans] have had runway overruns, normally on landing. 

These problems have not typically been due to aircraft design problems or system failures, but 

rather fixjm pilots failing to plan and fly the approaches so they reliably touch down in the 

touchdown zone at the correct speed. Because this issue ig more related to pilot behavior than 

design, Embraer's ability to influence this issue is limited, but we do plan to augment the 

stopping ability of the EMB-505 as much as possible with the provisions of anti-skid and 

ground spoiler systems. This, coupled with special emphasis during haining of the 

importance of airspeed and glidepath control during approach, will minimize the probability 

of overruns in service. 

"FAA's FAR 125/125 ARC 

"In 2003, FAA chartered a group to examine a range of regulatory issues including new 

aircraft types and technologies. As part of this effort, a working group examined 1he 

certification requirements for small jets. This group reviewed the applicable Part 23 

requirements and the special conditions that have been levied for Part 23 jets. They also 

reviewed data fi-om over 600 accidents that occurred in business jets, Part 23 turboprops, and 

light twins less than 6,000 lbs, 

"The group determined that the existing Part 23 requirements are an appropriate certification 

standard for jets up to 19,000 lbs. Tlie group expressed the concern that to levy additional 

requirements would serve as an economic disincentive to the development of safer airplanes. 
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"Why the Granting of This Exemption Petition Would be in the Public Interest 

"As outlined above the granting of this exanption would actually improve the level of safety 

compared to other airplanes certificated in this category, This is obviously in the public 

interest. 

"Certification in commuter categoiy will allow the EMB-505 to be certified for lower cost 

compared to transport category. This cost savings will allow the benefits of safer jet 

[Turbojet/TurbofanJ-powered travel to be available to more of the general pubhc. 

"Although the EMB-505 will be manufactured outside the United States, many of the 

suppliers of systems like the avionics, flight controls, arid mechanical systems are from the 

United States, so thei;e will be benefits to the American economy from increased gross 

domestic product, increased tax revenue, and improvements in the American balance of trade. 

These benefits will accrue to the general American economy which is in the public interest. 

"Operating with the Exemption outside the United States 

"As an airplane manufacturer, Embraer will not operate under tliis exemption outside the 

United States. Owners and operators of US-registered EMB-505s, which will hold US 

certificates of airworthiness, will be able to operate outside the United States. 

"ICAO Annex 8 does not include provisions for a specific certification category similar to 

commuter category. Certification of airplanes above 12,500 lbs, (5,700 kilograms) maximum , 

takeoff weight with 14 CFR Part 23, regardless of type of propulsion, is therefore teclinically 

not compliance with Annex 8, FAA has previously filed a difference with ICAO addressing 

this issue and the granting of this petition is within the limits of that filing. 

"Summary 

"As outlined above, the small [turbojet/turbofian] jets provide a significantly higher level of 

safety than turboprop airplanes. The benefits in reliability, failure effect, human factors, and 

performance provided by [turbojet/turbofan] jet-powered airplanes are reflected in accident 

rates. In the specific areas where jets have design-related differences where the risk for jets is 

higher, special conditions will be used to impose Part 25-like requirements. 

"The introduction of small jets like the EMB-505 will do much to increase the level of safety 

afforded to the public desiring to use this type of transportation. To levy increased 

requirements like those in Part 25 will add little or nothing to safety while significantly 

increasing cost, and may actually result in a lower level of safety by impeding the 

development of cost-competitive turbojet[/turbofan] powered airpl anes, 
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"Embraer believes tliat gi-anting this petition would serve the public interest. The higher level 

of safety of [turbojet/] turbofan engine aircraft then [sic] turboprop and the high level of 

technological development of these new small (turbojet/] turbofan airplanes has created the 

potential for simple, low-cost aircraft with a greater utility and higher level of safety. This 

increased level of safety, coupled with the economic benefits described above, are sufficient to 

meet the requirements of 14 CFR § 11,81 to justify the granting of this petition." 

Comments on pubhshed petition summary: 

A summary of this petition was pubhshed in the FEDERAL REGISTER for public comment 

on January 31,2007 (72 FR 4557). The coinment period dosed February 20,2007. No 

comments were received. 

Tlie FAA has reviewed the petitioner's supporting infoTmation and provides the following: 

To obtain this exemption, the petitioner must show, as required by § 11.81, that: (1) granting 

the request is in the public interest, and (2) the exemption will not adversely affect safety, or 

that a level of safety will be provided that is equal to that provided by the rules from which the 

exemption is sought. 

While not agreeing with the petitioner's every detail, the FAA agrees with the substance of the 

supporting information and finds no reason to deny the petition. 

On October 9, 2006, Embraer applied for type certification of the EMB-505 a multiengine 

turbofan aircraft in the commuter category under 14 CFR part 23 including Amendments 23-1 

through 23-55,14 CFR 34 and 36, and special conditions. While the comhiutcr category 

represents an overall higher level of sa,fety than the normal category, the commuter category is 

limited to propeller-driven, multiengine airplanes. The special conditions, which mainly 

address airplane performance, in conjunction with part 23 commuter category standards 

provide a level of safety for the EMB-505 tliat is above part 23 normal category and is 

appropriate to a turbofan-powered business jet. 

Regarding public interest we behevc that granting the exemption helps realize the potential 

public benefit created by the advent of newer smaller turbofan engines. The resultant simpler, 

lower-cost business jets having weights up to 19,000 lbs. provide the public with greater 

utility and an extended range of choices. 

In consideration of the foregoing, I find that a grant of exemption is in the public interest and 

will not adversely affect safety. Therefore, pursuant to the authority contained in 49 U,S,C, 

§§ 40113 and 44701, as amended, delegated to me by the Administrator, Embraer is granted 

exemption from 14 CFR § 23.3(d), to the extent necessary to permit type certification of the 

EMB-505 airplane in the part 23 commuter category. This exemption is subject to the 

following conditions and limitations. 

6 
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Conditions and Limitations 

Conditions: 

1. The EMB-505 shall not be eligible for operations under 14 CFR part 121. A note to 

this effect will be placed on the type certificate data sheet, 

2, The EMB-505 maximum, certificated takeoff weight shall not exceed 19,000 pounds. 

3. The EMB-505 shall have a seating configuration, excluding pilot scats, of 19 or 

fewer. 

4. The EMB-505 shall comply with § 23.562 at aroendm,ent level 23-50 (the latest 

amendment as of October 9, 2006, the date of appUcation.) 

Issued in Kansas City, Missouri on March 17, 2010. 

Kim SiDltb 

Manager, Small Airplane Directorate 

Aircraft Certification Service