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Exemption No. lOiSi'-ORTATK)-i 

UNITED STATES OF AMERICA ; ; G b 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

^ c. ::n3 

In the matter of the petition of 

Embraer S.A. 

for an exemption fi:om § 25.813(e) of Title 

14, Code of Federal Regulations 

Regulatory Docket No. FAA-2011-0327 

GRANT OF EXEMPTION 

By letters dated March 18,2011, and May 12,2011, Mr. S^gio Augusto Viana de Carvalho, 

Airworthiness Manager, Embraer, Av. Biigadeiro Faria Luna, 2170 • PC 179 12227-901, Sao 

Jose dos Campos, Brazil, petitioned the Federal Aviation Administration (FAA) for an 

exemption from the requirements of § 25.813(e) of Title 14 Code of Federal Regulations 

(14 CFR). This exemption, if granted, would permit the installation of doors in the passenger 

compartment on Embraer EMB-550 airplanes. The exemption is specifically for the installation 

of executive interiors on Embraer EMB-550 airplanes, which would be designated as private use, 

not for hire, not for common carriage. 

The petitioner requests relief from the following regulations: 

Section 2S.813(e), Amendment 25-116 - No door may be between any passenger seat 

that is occupiable for takeoff and landing and any passenger emergency exit, such that the 

door crosses any egress path (including aisles, aossaisles and passageways). 

The petitioner supports its request with the following information: 

This section quotes the relevant information fix>m the petitioner's request. The complete petition 

is available at the Departmont of Transportation's Federal Docket Management System, on the 

Internet at http://regulations.gov. m Docket No. FAA 2011-0327. 

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

14 CFR 25.813 Emergency exit access. 
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(e) No door may be installed between any passenger seat that is occiq>iable for takeoff 

and landing and any passenger emergency exit, such that the door crosses any egress path 

(including aisles, crossaisles and passageways). 

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

Petition and General Information 

The EMB^550 airplane will comply with the 14 CFR 25 requirements in Amendment 

127, for transport category airplanes. The regulations for transport category airplanes do 

not make any distinction between commercial aircraft, used for the public paying and 

aircraft especially used for other operations, as the "charter" or private. 

Therefore, the only mean available for accepting this installation for private use airplanes 

would be through an exemption from the prohibition of interior doors between passenger 

compartments 14 CFR 25.813(e) as above mentioned. Embraer intends to, if this 

exemption is granted, provide certain privacy options that have became standard for 

business jets. 

Embraer believes that aircraft specially designed for the private use shall be eligible for 

the acceptance of exemptions of cabin characteristics that do not comply with certain 

parts of 14 CFR 25. In this case, a similar level of safety can be demonstrated. 

Embraer also states that the following characteristics are unique to private use airplanes 

and provide compensating frictors diat are not nonpally provided in commercial use 

airplanes: 

• The number of passengers in private use airplanes is smaller than that 

traditional commercial airplanes; 

• The passengers in private use airplanes are typically frequent fliers and 

familiar with the safety features of the specific airplane ^ey are aboard; 

• The interior arrangement is static, allowing flight and cabin crews to 

become acquainted with the configuration of the airplane, and emergency 

equipment provided, and the location of the emergency exits. They also 

have regular contact with the "repeated" passengers, vfiach. promotes a 

positive influence on communicating safety issues; 

• DifEerently from an airline, the operator has control and may restrict the 

public and/or select the passengers of aircraft. 

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

Public Interest 

The design features listed below provide adequate passenger ability to egress in an 

emergency, the granting of this petition will adlow Embraer to provide die type interior 
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layouts expected in this class of airplane while simultaneously providing an adequate 

level of passenger protectioa Allowing the installation of passenger compartment doors 

while maintaining an adeqxiate level of passenger protection is in the public interest. 

Embraer designs, develops, manufactures, markets and services the world's most 

technologically advanced business jet aircraft to an international market. The corporation 

utilizes numerous products, such as avionics and environmental control systems, fit>m 

scores of suppliers located throughout the United States. Embraer competes for new 

business all over the world. Although the current world economy has slowed in 

comparison to previous years, &e corporate aircraft market is expected to grow. 

These interior doors will work as an acoustic barrier and will provide a private area 

allowing passengers to perform, for example, business meetings or sleep more 

comfortably. 

Denial of this petition would negatively impact the ability of the EMB-550 to compete 

with other airplanes in the executive market, that have passenger compartment doors. 

Their authority granted them a similar exemption or they are under an earlier certification 

basis, leading to a loss of revenue for Embraer and its Brazilian siq>pliers having an 

adverse impact on the Brazilian economy, which would be against the public interest. 

14 CFR 11.81(e) Reasons Why Exemption Would Not Adversely Afiect Safety 

Justification: 

Embraer believes that many customers who purchase and operate Embraer airplanes 

consider privacy to be an essential feature. Therefore, it is important that portions of the 

cabin may be configured as private areas to accommodate private meetings. The only 

plausible method of providing such privacy is through the use of doors that separate 

passenger compartments. When a private area is created within the passenger cabin, the 

doors sqparating the private area from the rest of the cabin will be located between 

passenger compartments. 

The cabin of the EMB-550 is approxunately 8.4 feet wide. It is necessary to divide the 

cabin full width laterally to produce a private area because a side corridor would not be 

practical. 

The proposed doors will be installed across a longitudinal aisle and translate laterally to 

open and close. The doors will not obstruct the openings when they are open complying 

with the aisle width requirements of 14 CFR 25.815 for the maximiun possible passenger 

configuration. 

Embraer states that the doors will have the following additional safety features: 
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1. Each int^or door will be frangible, so that in the event that it is jammed in 

the deployed position, it will aUow a 5th percentile female to break the doors 

open in case of an emergency, creating a large enough opening that a 95th 

percentile male can pass through-' 

2. Each interior door will also be equipped wi^ dual locking mechanism to hold 

the door in the open position in such the probability of door unlocking due to 

distortion of the fuselage in an emergency landing will be minimized. Each 

locking will be able to widistand the loads imposed upon it when the door is 

subjected to the ultunate inertia forces specified in 14 CFR 25.561. 

3. When the doors are deployed (i.e., spanning across the aisle), there will not be 

a latching mechanism that keeps the doors in that position, obstructing the 

aisle. This will allow occupants to access the opposite side of the door without 

the use of any tools. 

4. An advisoiy CAS message "Door Pocket Not Open" will be provided for crew 

when an interior door is not open and locked for takeoff and landing. The 

doors will be placarded to be locked open during taxi, takeoff and landing. 

5. Emergency exit locator, marking signs and emergency lighting in accordance 

with 14 CFR 25.811 and 25.812 wiU be provided. 

6. The Airplane Flight Manual (AFM) will provide procedures and limitations to 

ensure tiiat the doors are in the proper position for taxi, takeoff and landing. 

Embraer believes that the basic issues of a passenger finding and reaching an exit in an 

emergency are addressed by the above additional safety features and by the existing safety 

parameters inherent in the operation of private use airplanes. Embraer also believes that 

even if some extreme condition should resuh in a door being closed or partially closed 

after an accident, there are simple means to get through the door to reach the exit(s). For 

this reason, the exemption, as requested, would provide a level of safety for passengers m 

the EMB-550 that would be accqytable to that required for passengers of airplanes in 

commercial operatioa 

Conclusions 

EMBRAER believes that the EMB-550 interior arrangement design, which is specific for 

private use as well as its operation private and the characteristics proposals for die 

occupant protection must justify the granting of exemption. 

Federal Register publication 

A summary of the petition was published in the Federal Register on June 8,2011 (76 FR 33400). 

No comments were received. 

The FAA's analysis 

The FAA considers the petitioner's proposal to be in the public interest for the same reasons as 

those previously stated by the petitioner. 
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As more transport category airplanes have been configured (or reconfigured) for private use, the 

FAA has given considerable attention to the issue of expropriate regulation of such airplanes. 

Some of the current regulations governing design certification of transport category airplanes are 

not compatible with private use of such airplanes. Because of this, we have received a number of 

petitions for exemption from certain regulations. We have granted such exemptions when we 

find that to do so is m the public interest and does not adversely affect the level of safety 

provided by the regulations. We published. Special Requirements for Private Use Transport 

Category Airplanes, SFAR No. 109 (74 FR 21533, May 8,2009), which, significantiy reduced 

the need for case-by-case review of individual petitions for exemption for private-use airplanes. 

This auplane can not use SFAR No. 109 because this is a new type certificate project and the 

SFAR is sqjplicable to amended type certificate and supplemental type certificate programs only. 

The placement of interior doors is cleariy quite significant to the owner/operator of the airplane. 

The flexibility to partition the airplane into mdividual rooms, such as private meeting rooms or 

bedrooms, is paramount to an acceptable interior. The availability of private meeting rooms and 

bedrooms is essential. The FAA acknowledges the desirability of these features from the 

operator's point of view. 

When tiie regulations pertaining to interior doors were adopted, they did not necessarily consider 

'"rooms." They considered two possible types of interior doors in a passenger compartment. The 

first type is an interior door between passenger compartments. The second type is an interior 

door between the exit and the passenger conq;>artment. 

Until recently, only the first type of door was prohibited by § 25.813(e). However, part 25, as 

amended by Amendment 25-116, prohibits interior doors between the exit and the passenger 

compartment. In addition. Amendment 121-306 prohibits these doors in airplanes manufactured 

after November 27,2006, operated under 14 CFR part 121. Amendments 25-116 and 121-306, 

titied "Miscellaneous Cabin Safety Changes," were pubhshed in the Federal Register on 

October 27,2004. 

Airplanes configured for private-use, not'for-hire, not-for<ommon carriage typically use any of 

five different categories of door m the passenger cabins: 

Category 1. A door in a room and the room is less than the full width of the auplane. An 

aisle is outside the room. This type of room may be occupied during takeoff and landing, 

and only the occiq>ants of the room must use the door to reach an exit 

Category 2. A door m a room and that is the same as Category 1, except a smgle 

emergency exit or pair of emergency exits is within the room. 

Category 3. A door or doors in a compartment and the compartment is the full width of 

the airplane. Passengers are seated on both sides (fore and aft) of the door(s), and the 

main aisle leads out of, or passes through, the compartment The compartment does not 
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have emergency exits. This type of compartment may be occupied during takeoff and 

landing. 

Category 4. A door in a room and the room is the fidl width of the airplane. Passengers 

are seated on both sides (fore and aft) of the door, and a pair of emergency exits is at one 

end of the room. This type of room rnay be occupied during takeoff and landing. 

Category 5. A door in a room that may be the fiill width of the airplane. This type of 

room is not occupied during takeoff and landing. This room is only occupied during 

fii^t Passengers are not seated on both sides of the door during taxi, takeoff and 

landing. Passengers seated in taxi, takeoff^ and landing seats must not need to pass 

through this door to get to any emergency exits. 

Because not all interior doors between passenger compartments are equivalent, the FAA has 

determined that the following requirements will produce an adequate level of safety: 

1. To maximize the level of safety, doors in Category 2,3, or 4 installed across the main 

cabin aisle must open and close in a transverse direction. That is, the direction of motion 

of the door must be at a right angle to the longitudinal axis of the airplane. A "pocket 

door" is one example of such a desigit This will tend to minimiyc the chance that the 

inertia forces of an accident could force the door closed. 

2. Redundant means are necessary to latch doors open for takeoff and landing. Each latching 

means must have the capability of retaining the door in the takeoff and landing position 

imder the inertia forces of § 25.561. 

3. Each interior door must be fimigible, in the event that it b jammed in the closed position 

in flight or during taxi, takeoff, or landing. Frangibihty is intended to ensure that if a door 

is jammed closed, occupants can escape in either direction and emergency equipment can 

be moved. Frangibility may be demonstrated in either of the following ways: 

• A 5^ percentile female can break tiirou^ Hoc door, creating a large enough 

opening that a 95''' percentile (or larger) male can pass through- (See Advisoty 

Circular 25-17A, Transport Airplane Cabin Interiors Crashworthiness Handbook, 

paragraph 43b(2)). 

• A 5*'' percentile female can break a hinge on the door or a hinge on a smaller door 

within the door sudi that the door can swing, so as to allow a 95^ percentile (or 

larger) male to pass tiirough the opening with tiie door swung open. This 

evaluation must be made with any cabin furnishing or equipment installed that 

could limit the swing arc of the door and placed in the most adverse position. In 

using this approach, one must consider the possibility that the door is physically 

jammed in the closed position by distortion of the fiiselage or furnishings. This 
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possibility must be considered even if the door normally translates into die open 

and closed positions. 

4. Doors that fall into Category 1 must be in the open position during taxi, takeoff, and 

landing only when the room is occupied. 

5. Doors that fell into Categories 2,3, or4 must be in the open position during taxi, takeoff, 

and landing, regardless of occi^ancy. 

6. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and 

landing. 

With respect to the possibility that a door remains closed when it should not be, we have 

determined that a higher level of awareness is required to address this issue. Due to the relative 

complexity of the cabin interior, we have determined that inspection by flight attendants prior to 

takeoff and landing is not sufficient to verify that interior doors are in a required open position. 

Consequently, some type of remote indication is considered necessary. The petitioner's proposal 

to provide remote indication to the flight crew is considered adequate. 

The FAA*8 decision 

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

Therefore, pursuant to the authority contamed in § 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Embraer is hereby granted an exemption fivm 14 CFR 25.813(e), 

Amendment 25-116. The petition is granted to the extent necessary to allow Embraer to install 

an executive interior on "private, not-for-hue" Embraer EMB 550 airplanes. Specifically, the 

exemption allows relief from die requirement to interior doors to be installed between passenger 

compartments. 

This exen^tion is subject to the following conditions, and limitation numbers 1,2,3,4, 5, and 6 

must be documented in the Limitations Section of the Airplane Flight Manual: 

1. The airplane must not be operated for hire or offered for common carriage. This provision 

does not preclude the operator from receiving remuneration to the extent consistent witii 

14 CFR parts 125 and 91, subpart F, as apphcable. 

2. Each door between passenger compartments must be fiai^ble from both sides. A placard 

describing the frangibility procedure must be installed in a conspicuous location on both 

sides of the door. 

3. Doors that &11 into Category 1 must be latehed in the open position during taxi, takeoff, 

and landing when the room is occupied. A placard requiring the door to be in the open 

position must be installed in a conspicuous position on both sides of the door. 
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4. Doors that frill into Categories 2,3, or 4 must be latehed in the open position during taxi, 

takeoff and landing, regardless of occupancy of the room. A placard requiring the door to 

be in the open position must be installed in a conspicuous position on both sides of the 

door. 

5. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and 

landing. A placard requiring the door to be in the closed position must be installed in a 

conspicuous position on botii sides of the door. 

6. Appropriate procedures must be established to both signal the flight crew in the event a 

door between passenger compartments is not in the proper position, and prohibit taxi, 

takeoff or landmg. Doors in Category 5 do not need to comply with this requirement For 

Category 5 doors, placards located on or near the door, and indicating that the door must 

be closed for takeoff and landing, is acceptable. 

7. Doors between passenger compartments must have dual means to retain them in the open 

position. Each means niust be c^>able of withstanding the inertia loads specified in 

§ 25.561. Doors in Category 5 do not need to comply with this requirement because they 

are required to be closed for takeoff and landing. 

Issued in Renton Washington, on ^ ^ 

A i y 7 J ^ ^ « 4 2011 

AliBahrami 

Manager, Transport Airplane Directorate 

AircrxuEt Certification Service 

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