UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASIiiNGTON 98057-3356 

In the matter of the petition of 

Exemption No. 10557 

Embnler S.A. Regulatory Docket No. FAA-20II-1240 

for an exemption from § 25.79 1(a) of Title 

14, Code of Federal Regulations 

PARTIAL GRANT OF EXEMPTION 

By letter dated October 31, 20 II , Mr. Sergio Augusto Viana de Carvalho, Airworthiness 

Manager, Embraer, Av. Brigadeiro Fari a Lima, 2170 - PC 179 12227-90 1, Sao Jose dos Campos, 

Brazil, petitioned the Federal A viation Administration (FAA) for an exemption from the 

requirements of § 25 .791 (a) of Title 14, Code of Federal Regul ations (14 CFR). This exemption, 

if granted, would permit the installation of a single no-smoking placard located near the 

passenger-entry door on Embraer EMB-550 airplanes. The exemption is specificall y for the 

installation of executive interiors on Embraer EM B-550 airpl anes, which have been designated 

"private lise, not for hire, not for common carri age." 

The petitioner requests relief from the following regulations: 

Section 25.791 (a), Amendment 25-72 - (a) If smoking is to be prohibited, there must be 

at least one placard so stating that is legible to each person seated in the cabin. If smoki ng 

is to be allowed, and ifthc crew compartment is separated fromlhe passenger 

compartment, there must be at least onc sign notifying when smoki ng is prohibited. Signs 

whieh notify when smoking is prohibited must be operated by a member of the fli ght 

crew and, when illuminated, must bc legible under all probable conditions of cabin 

illumination to each person seated in the cabin. 

The petitioner supports its request with the following information: 

This scction quotes the relevant infomlation from the petitioner's request, with minor edits for 

clarity. The complete petition is available at the Department of Transportation's Federal Docket 

Managemcnt System, on the Internet at hllp:llregul ations.gov, in Docket No. FAA 2011-1 240. 
Exem ption No. X...X.-X.-XX 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSI'ORTATION 

FEDERAL A VIA TlON ADMIN ISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter oflhe petition of 

Elllbraer S.A. 

for an exemption from § 25.791 (a) of Title 

14, Code of Federal Regulations 

Reguhltory Docket No. F'AA-2011-1240 

PARTIAL G RANT OF EXEM PTION 

By letter dated October 31, 20 I I, Mr. Sergio Augusto Viana de Carvalho, Airworthiness 

Manager. Embraer. A v. Brigadeiro Faria Lima, 2170 - PC 179 12227-90 I, Sao Jose dos Campos, 

Brazil, petitioned the Federal Aviation Administration (FAA) for an exemption from the 

requirements of § 25.791 (a) of Title 14, Code of Federal Regul ations (14 CFR). This exemption, 

if granted. would permit the installation of a single no-smoking placard located near the 

passenger-entry door on Embraer EMB-550 airplanes. The exemption is specifically for the 

installation of executive interiors on Embraer EMB-550 airplanes, which have been designated 

"private lise, not fo r hire, not for common carriage." 

The petitioner· requests relief from the followin g "cgul ations: 

Sect ion 25.791(01), Amcndmcnt 25-72 - (a) [fsmoking is to be prohibited, there must be 

at least one placard so stating that is legible to each person seated in the cabin. If smoking 

is to be allowed, and if the crew compartment is separated from the passenger 

compartment, there must be at least one sign notifying when smoking is prohibited. Signs 

which noti fy when smoki ng is prohibited must be ope rated by a member of the flight 

crew and. when illuminated, must be legible under all probable conditions of cabin 

illumination to each person seated in the cabin. 

The pctitioncr sUllports its request with the foll owi ng inform:ltion: 

This section quotes the relevant information from the petitioner's request, with minor edits for 

clarity. The complete petition is available at the Department of Transportation's Federal Docket 

Management System, on Ihe Internet at http://regulations.gov, in Docket No. FAA 2011 -1 240. 
Petition and Gcncntllnformation: 

SF AR 109 considers acceptable the concept of a single "NO SMOKING" placard visible 

to all occupants upon entry. Although SFAR 109 is not applicable to EMS-550 Type 

Certi licate. Embraer understands lhat a single " 0 SMOKI G" pictorial placard is 

acceptable for the privatc or charter operations intended for that aircraft. This petition is 

appli cable onl y to no smoking interior configurations, given that smoking configuration 

will have illuminated signs according to 14 CFR 25.791 (a). 

Publi c Intcrest: 

As above mentioned, passenger of private or taxi operations have different demands for 

passenger amenities. Frequently these demands involve aesthctics aspects. The inclusion 

of design characteristics that pleases visual sense is always an issue and frequently set as 

a market requirement for manufacturers. In this manner, the elimination ofa no smoking 

placard from all the positions that guarantee they will be seen by an occupant whil e seated 

represents a gain in terms of design for the publi c of sllch operation. 

Furthermore, the addition o f one single placard is less costly [than what the regulations 

require]. Thus the same installation satisfies every existent interior layout configuration. 

Providing one readable placard for each seated occupant, on the other hand, req uires onc 

placard installation configuration for each floor plan and consequently, one set of 

drawings (and associated processes to guarantee install ation into the aircraft) for each 

layout, resulting in a higher fi nal cost. 

Justification: 

EMB-550 will be certified for private and air tax i operation as scope of operation of the 

ST='AR 109 and this profile of operation has several differences from commercial/carrier 

operations. 

Passengers of private or taxi operations have diffe rent demands for passenger ameniti es 

and frequent ly presents familiarity with cabin environment and interior features. 

EMS-550 has a limited passenger capacity (I I at maximum occupancy) what makes a 

single placard sufficient to notify passengers of the smoking restriction. In addition, the 

prohibition is reinforced due to absence of ashtrays and during prefight briefing 

conducted by night crewmcmbers. 

Conclusion: 

Sased on the above justificat ions and public interest, Embraer proposes the granting of 

exemption from the requirement 14 CFR 25.79 1 (a) Amendment 25-72 for the EMS-550 

Type Design to operate charter and private. 

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Federal Register publication 

A summary orthe petition was published in the Federal Register on January 13, 20 11 (77 FR 

2120). No comments were received. 

The FAA's anlllysis 

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

those previously stated by the petitioner. 

As more transport-category airplanes have been configured (or re-configured) ror private lise, the 

FAA has given considerable attention to the issue or appropriate regulation or sllch airplanes. 

Some or the clirrent regulations governing design certification or transport-category airplanes are 

not compatible with private lise orsllch airplanes. Because orthis, we have received a number or 

petitions ror exemption rrom certain regulations. We have granted such exemptions when we 

find that to do so is in the public interest and does not adversely arrect the level or sarety 

provided by the regulations. We published, Special Requirements/or Private Use 7i·ansport 

CategOlJIAirplanes, SFAR 109 (74 FR 2 1;33, May 8, 2009), which significantly reduced the 

need ror case-by-case review or individual petitions for excmption ror private-use airplanes. This 

airplane cannot use SF AR 109 because this is a new type-certificate project and the SF AR has a 

limited applicability to amended type-certificate and supplemental type-certificate programs only. 

Embraer has petitioned for this new type-certification program to use the same reliefin 

SF AR 109 with the same limitation as required for airplanes using SF AR 109. If Embraer were 

to install the interior of these airplanes after being granted a type certificate ror the airplane, they 

could lise SFAR 109. Granting this petition for exemption would be the same result if Embraer 

modified the interior arrangement after the type-certification program had been completed. 

The petitioner has requested that this petition for exemption be granted for private usc, taxi 

operations, and a ir-taxi operations. The petitioner errectively addresses the scope and intent or 

SF AR 109, paragraph 2(d), which states that, under the conditions requested, the airplane mllst 

not be operated ror common carri age or for hire. I-!owever, the petitioner did not provide 

sufficient justification for granting this exemption for taxi operations or air-taxi operations. The 

rare-paying, fl yi ng public expects the same level of sa rety regardless of which airplane they arc 

flying on. The expectations for passengers on private-lise airplanes are different from the 

expectations for a ir-taxi operations. Persons fl ying on airplanes approved using the SFAR 

typically have more knowl edge, familiarity, and choice in doing so. Therefore, this exemption is 

limited to the same limitations as described in SFAR 109. 

The FAA's decision 

In consideration of the forego ing, I find that a grant of exemption is in the public interest. 

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

by the Administrator, Embraer is hereby granted an exemption from 14 CFR 25.79 1 (a) at 

Amendment 25-72. 

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The petition is granted to the extent necessary to allow Embraer to install an execlltive interior on 

" private, not for hire, not for common carriage" Embraer EMB 550 airplanes. Specifically, the 

exemption allows the installation of a single no-smoking sign located near the passenger entry 

door on Embraer EMB-550 airplanes. 

The operating-limitations sec tion of the Airplane Flight Manua l must prohibit any operations 

in volving the carriage oi"persons or property for compensation or hire. The operators may receive 

remuneration or compensation to the extent consistent with parts 125 and 91 , subpart F, of 14 

CFR. Specifically. this exemption allows the install ation of a single no-smoking placard located 

near the passenger-entry door on Embraer EMB-550 airplanes. 

Isslied in Renton, Washington, on JUN 11 2012 

, '1lClF'VlW'#--

K. c. Yanamura 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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