June28th'2012 GCF-0760/2012 -^EMBRAER bwidmmbm

AACB

Embraer S.A.

Av. Bngadeiro Fana Lima, 2.170

12227-901 S.J. dos Campos SP

Brasil

Fone; (12) 3927-6481

Fax. (12) 3927-1184

PC: 179

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

RoomW12-140

Washington, DC 20590

Subject: EMB-550 FAA Type Validation

Re-petition to the Exemption from 14 CFR 25.809 (a) Amdt. 25-116

Please find enclosed Embraer re-petition to adequately address the Public Interest

statement requirement of 14 CFR 11.81 (d) according to FAA comments.

The Embraer initial petition has been done by GCF-0173/2012 which was added to

public docket no. FAA-2012-0302.

Sincerely,

4f^P-<<^ t*~-yw-w.W*4 RafopiGustavofassmawai

Sergto Aijgusto Viana de Carvall/6 yaeZ!!Less Office Airworthiness Manager

C.c: ANAC-Willian Yoshinori Tanji (PCM EMB-550)
14 CFR 11.81 (a) Contact Information:

Sergio Augusto Viana de Carvalho

Embraer Airworthiness Manager

Av. Brigadeiro Faria Lima, 2170-PC 179

12227-901 Sao Jose dos Campos, SP Brazil

Phone: 55-12-3927-3543

Fax: 55-12-3927-1184

14 CFR 11.81 (b) Specific Section from Which Exemption is required

25.809 Emergency exit arrangement:

(a) Each emergency exit, including each flightcrew emergency exit, must be moveable

door or hatch in the external walls of the fuselage, allowing an unobstructed opening to

the outside. In addition, each emergency exit must have means to permit viewing of the

conditions outside the exit when the exit is closed. The viewing means may be on or

adjacent to the exit provided no obstructions exist between the exit and the viewing

means. Means must also be provided to permit viewing of the likely areas of evacuee

ground contact. The likely areas of evacuee ground contact must be viewable during all

lighting conditions with the landing gear extended as well as in all conditions of landing

gear collapse.

14 CFR 11.81 <c) Extent of Relief and Reason for Seeking Relief

Petition and General Information:

Under the provisions set forth in Title 14 Code of Federal Regulations (14 CFR) 11.81,

Embraer is seeking an exemption to allow partial relief from 25.809(a) at Amendment

25-116 for the Type III overwing exit on the EMB-550 airplane.

The overwing hatch is located inside the lavatory and has window that provides an

effective means to assess external conditions prior to exit opening. This includes

viewing of the wing surface where the evacuees would make their initial contact up to

the end of the scape route on the wing considering all lighting conditions with the

landing gear extended as well as in all conditions of landing gear collpase. Partial relief

is being sought from the requirement since this outside viewing means does not permit

viewing of the likely area of evacuee ground contact prior to exit opening during all

lighting conditions with the landing gear extended as well as in all conditions of landing

gear collapse.

Relief is necessary since literal compliance with the rule would require extensive design

changes to the airplane (exit relocation) to permit viewing of the likely areas of evacuee

ground contact during all lighting conditions and with the landing gear extended and in

conditions of landing gear collapse. Making this type of design change would not

enhance the level safety provided for the occupants and it would impact introduction of

the EMB-550 airplane.
ESV1BRAER

Background:

In an emergency situation it is generally accepted that an exit should not be opened if

opening it would create more hazardous situation for the occupants of the airplane.

With Amendment 25-116 14 CFR 25.809(a) now includes the requirement that an

outside viewing means at emergency exits permit viewing of the likely area of evacuee

ground contact and that the likely area of evacuee contact be viewable during all lighting

conditions with the landing gear extended as well as in all conditions of landing gear

collapse.

The EMB-550 airplane is an executive jet with maximum occupancy of 12 passengers

and is provided with Type III overwing exit hatch located inside the lavatory. The hatch

window provides an effective means to assess external conditions when deciding

whether or not to open the exit. This includes viewing of the wing surface where the

evacuees would make their initial contact up to the end of the scape route on the wing

considering all lighting conditions with the landing gear extended as well as in all

conditions of landing gear collpase. This also includes viewing of the ground near where

the evacuees would normally be expected to make their initial contact. In addition, an

emergency lighting system is provided according 14 CFR 25.812 (g)(1) and an escape

route is provided according 14 CFR 25.810 (c). Since the end of the escape route on

the wing terminates in height distance from the ground of less than feet there is no

emergency egress assist means installed. Once the evacuees step on the wing and

reach the end of the escape route on the wing they will be able to see the ground

contact area considering all lighting conditions and under all conditions of landing gear

collapse. Therefore, they will get a good sense of whether or not there is significant

hazard on the ground. While the overwing exit window provide an excellent means for

assessing the outside conditions, this does not allow direct viewing of the ground where

the evacuees would normally be expected to make their initial ground contact. This is

due to the relative distance of the exit location and the ground contact area.

Partial relief from 25.809(a) at Amendment 25-116 is necessary because design of

the EMB-550 airplane is complete and it would require extensive design changes for the

overwing exit to comply with the outside viewing requirements with no material

difference in the level of safety.

14 CFR 11.81 (d) Reason Why Granting Relief Would be In Public Interest

Public Interest:

The granting of this exemption is in the public interest because delay in certification

and introduction of the EMB-550 in order to fully comply with 25.809(a) would cause

delay in delivery and introduction into service of the affected aircraft.

While Embraer is not an American manufacturer, the suppliers of the engines and

large majority of the avionics, seats, in-flight entertainment and mechanical systems are

in the United States.

delay in delivery will cause an unnecessary loss of income to these suppliers with the

associated adverse impact on the economy and the trade balance of the United States.
EMBRAER

These effects on the American economy as whole, with no associated increase in

safety, are clearly not in the public interest.

In addition, design change at this point to fully comply with 25.809(a) will increase

weight of the airplane with an associated increase in fuel consumption. In addition to

the adverse impact this would have on the operator or his customers who would have to

compensate for this increased cost of operation, the increased fuel consumption will

result in increased emissions, which would be counter to the public interest.

14 CFR 11.81 (e) Reasons Why Exemption would Not Adversely Affect Safety

Justification:

During an airplane emergency evacuation, there is the potential for an external hazard

that could pose an immediate threat to the occupants of the airplane if an exit was

opened. While fire is the principle external hazard, there are other types of hazards

such as water or large obstructions that could make not opening an exit the preferred

course of action. However, due to the viewing area provided by the overwing hatch

window during all lighting conditions and with the landing gear extended and in any

conditions of landing gear collapse, it is very likely that any severe external hazard that

could create an immediate hazard to the occupants could be detected prior to deciding

whether or not to open the overwing exit. Therefore, there is no appreciable difference

between the level of safety provided by the outside viewing means provided for the

EMB-550 overwing exit and that intended by the new regulation.

14 CFR 11.81 (f) Summary For Publication In Federal Register

Embraer requests an Exemption from 14 CFR 25.809(a) Amdt. 25-116 for the Type III

overwing exit on the EMB-550 airplane.

14 CFR 11.81 (g) Additional Information to Support Request

Conclusions:

For the EMB-550 airplane the overwing hatch window provides an effective means to

assess external conditions when deciding whether or not to open the overwing hatch.

This includes viewing of the wing area where the evacuees would make their initial

contact after opening the exit considering all lighting conditions with the landing gear

extended as well as in all conditions of landing gear collapse. This also includes viewing

of the ground near where the evacuees would normally be expected to make their initial

contact. The overwing hatch window provides an external viewing means equivalent to

that intended by the new regulation, which Embraer believes was the FAA's stated

intent when codifying the requirement for an outside viewing means at the emergency

exits. Passenger and crew safety will not be degraded by a grant of this exemption

petition.