March 24' r ', 2015

GCF-0334/2015 - 1/6
BAP { EMBRAER

Embracr S.A. Av. BrigacJeiro Faria Lima, 2.170 12227-901 - S.J. dos Campos - SP Brasil Fone: (12) 3927-2563 Fax: (12) 3927-1184 PC: 179 Docket Management Facility US Department of Transportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W 12-140 Washington, DC 20590

Subject: EMB 550/545 - FAA Validation

Request of amendment on Exemption 10974 - FAA-2013-0810 - Requirement 14 CFR 25.562(b) amend 64, 25.785(b) amend 88 and Special Condition N° 25-495-SC number 2. (e)

Dear Sir:

Please, find enclosed request of amendment on Exemption 10974 - FAA-2013-0810 to permit type certification of similarly non-compliant derivatives of the current Embraer Model EMB-550 airplane. The original petition was sent on September 6"', 2013 and it was granted on April 4'

~ ', 2014. The complete petition is available at the Department of Transportation's Federal Docket Managernent System, in Docket No. FAA-2013-0810. Embraer has analyzed Exemption 10974 and this was also considered applicable to similarly non-compliant derivatives of the current Embraer Model EMB-550 airplane (including, but not limited to EMB-545) once the same interior design, all the arguments and compensating factors are considered the same.

Sincerely,

RIcardo Lava I HollerbacV 

# ~ Airworthiness Director

~ f:af

~~ staVo Fassina Ainvorthinpss OfficeGCF-0334/2015 - 2/6 -< EMBRe4EF1

14 CFR 11.81 (a) - Contact Information:
Ricardo Lavall Hollerbach Embraer Airworthiness Director 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): Aaplicable sections of 14 CFR and other Regulation 14 CFR 25.562(a) Emergency landing dynamic conditions. 

### (a) The seat and restraint system in the airplane must be designed as prescribed in thls section to protect each occupant during an emergency landing condition when— (1) Proper use is made of seats, safety be/ts, and shoulder hamesses provided for in the design; and (2) The occupant is exposed to loads resulting from the conditions prescribed in this section. 14 CFR 25.785(b) Seats, berths, safety belts, and harnesses. 

### (b) Each seat, berth, safety belt, harness, and adjacent part of the airplane at each station designated as occupiable during takeoff and landing must be designed so that a person making proper use of these facilities wlll not suffer serious injury in an emergency landing as a result of the ine tia forces specified in §§25.561 and 25.562. FAA Special Conditions No. 25-495-SC number 2, (e): 

### !n addition to the requirements of §25.562, and §25.785, special conditions numbers 1 and 2 are proposed as part of the type certification basis for the EMB-550 Model and EMB-545 Model airplanes with side facing seat installations. For seat place(s) that are equipped with an airbag system in the shoulder belt, additional special conditions numbers 3 through 16 are proposed as part of the type-certification basis. Special Condition number 2. Additional performance measures applicable to tests andrational analysis conducted to show compliance with §§ 25.562 and 25.785 for sidefacing seats: (e). Leg: Flailing of the lower-leg segments, such that the upper-leg segment experiences torque, shall be limited to 35 degrees of rotation about the upper-leg centerline in either direction from the nominal seated orientation..GCF-0334/2015 - 3/6 { EMBRe4ER

14 CFR 11.81 (c) Extent of relief and reason for seeking relief

Petition for Exemation and General Information According to 14 CFR 11.81, Embraer is seeking an exemption from 14 CFR 25.562(a) amendment 25-64, 14 CFR 25.785(b) amendment 25-88 and FAA Special Condition 25-495-SC number 2. (e), for the installation of the lateral single and multiple side facing seats for the first 55 production EMB-550 Type Certificate airplanes, considering Model EMB-550 and similarly derivatives models. Embraer proposes to certify these lateral seats to the applicable requirements of 14 CFR 25.562 and 25.785, including all additional requirements contained in the applicable Special Condition 25-495-SC, except number 2. (e) for which Embraer requests an exemption for the first 55 production Model EMB-550 and similarly derivatives models airplanes. This Exemption is being requested because Embraer believes that no mature system that can be certified is currently available and it will take time beyond EMB-550 Type Certification date to design, test, and certify such a system. Embraer believes that the period of time necessary will affect the first 55 Model EMB-550 and similarly derivatives models airplanes.
Backctround On 06/Apr/2009, Embraer submitted to ANAC an application for a new Type Certificate for the EMB-550 airplane (ref. Letter GCF-0425/2009), and on 23/Apr/2009 Embraer submitted an application to the FAA (ref. Letter GCF-0558/2009). At that time the existing criteria for lateral single and multiple side facing seats was the FAA Policy FAA ANM-03-115-30, which was the criteria initially considered by the Authorities for the EMB-550 Type Certification Basis. On 09/Mar/2011 Embraer received an issue paper containing new criteria for side facing seats and airbags in shoulder belts. This issue paper changed the side facing seat occupant protection parameters according to the research and investigations conducted by the FAA and also incorporated certification standards for seat belts containing airbags. With this change in the requirements applicable to side facing seats, the divan had to be redesigned and undergo a new certification test campaign. At this point, the EMB-550 Model and EMB-545 Model interior lay-out options and the fuselage and floor structures were already defined which increased complexity for showing compliance with the new side facing seat criteria.GCF-0334/2015 - 4/6 

# -< EMBRAER

On 20/JuU2011 the issue paper was revised again to change the maximum legs lateral flailing angle from the original 45 0 value to 35 0 , the value established in the future PSANM-25-03 "draft". On 22/Ago/2011 FAA proposed the new criteria for side facing seats through the PolicyPS-ANM-25-03 "draft" and then on 05/Nov/2012 FAA officially issued Policy PS-ANM25-03 " Technical Criteria for Approving Side-Facing Seats", incorporating modifications to the original draft resulting from the public comments process. This new directive contains the means of compliance that shall be applied to the new seat certification programs that are not covered by existing exemptions for multiple side facing seats and/or special conditions for single side facing seats. These means of compliance apply to new seat certification programs with approval dates after the effective date of this directive. This directive describes "if the program application date precedes the effective date of this final directive, so the applicant is expected to follow the section 'in work'. The section 'in work' provides two options: follow the criteria contained in the new directive or petition for exemption. Since the proposal for a more rigorous standard was first raised in the issue paper of 2011, Embraer and our suppliers have been working to develop a design that fully complies with the new requirements for side facing seats, especially regarding the new lateral legs flailing requirement. Because of the difficulty in finding a sufficiently mature system suitable for certification, Embraer requests an exemption to allow the Model EMB-550 and similarly derivatives models to be certified and enter into service with side facing seats that do not meet the leg flail requirements of the Special Condition. Embraer believes that the time for production of 55 initial Model EMB-550 and similarly derivatives models airplanes are sufficient to allow a compliant design to be developed, certified, and to enter into production. Embraer does not believe that the leg flail limitation device will be able to be retrofitted into already-produced airplanes/seats, so Embraer does not propose to retrofit the initial 55 aircraft.
14 CFR 11.81 (d) Reason why granting relief would be In public interest
Public Interest: The granting of this Petition for Exemption for number of aircraft produced is in the public interest, considering that the design features Embraer is proposing for the side facing seats affords a safety level for the occupants of these seats much higher than the level of safety of side facing seats approved through the previous. The side facing seats installed on Model EMB-550 and similarly derivatives models serial number 56 and on will fully comply with the upcoming special conditions. The first 55 airplanes will provide a significantly greater level of safety than current production side-facing seat installations that comply with the previous certification standard. Embraer has produced business aircraft for a variety of customers all over the world. The owners and operators of these business aircraft prefer to configure their aircraft toGCF-0334/2015 - 5/6 <— F.MBRAER

facilitate the interior space use for conferences during a flight and other jobs that normally not possible aboard commercial aircraft. Many of these interior configurations include side facing seats installations. To satisfy the customers demands and keep its competitiveness in the market, Embraer is pursuing to accommodate the installation of side facing seats in its business aircraft. Doing so, while still providing an increased level of occupant safety, will provide economic benefits to Embraer, our suppliers, and to our operators, all of which are in the public interests. This Exemption for number of produced aircraft is also in the public interest as business aircraft reduce the business trips time, flight times, affording greater comfort and productivity, allowing business executives to take their businesses to their customers. 14 CFR 11.81 (e) Reasons why Exemption would not adversely affect safety The initial 55 production Model EMB-550 and similarly derivatives models airplanes, even excluding the leg flail requirements, still provide an adequate level of safety compared with airplanes with side facing seats certified before the November 2012 policy memo. These airplanes will continue to be produced while using side facing seats certified in accordance with older standard. 14 CFR 11.81 (f) Summary for publication in Federal Register Embraer requests an Exemption from 14 CFR 25.562(a) amendment 25-64, 14 CFR 25.785(b) amendment 25-88 and FAA Special Condition 25-495-SC number 2. (e), for the installation of the lateral single and multiple side facing seats in the initial 55 production Model EMB-550 and similarly derivatives models airplanes.

14 CFR 11.81 (g) Additional information to support request
Conclusions: Not granting this Exemption for number of produced aircraft would lead to limitations in occupation of some passenger seats, inhibiting the customer's flexibility in the use of the cabin and airplane, and results in a product that would not be a competitive solution in the market, even though it will provide an increased level of safety compared to existing designs. Therefore the granting of this Exemption would not adversely affect safety and is in the public interest. 14 CFR 11.81 (h): Exercise of the privileges of the exemption outside the United States of America Embraer requests the privileges of this exemption be extended outside the United States. This extension of privileges is necessary for operations based within other countries having bilateral agreements with the United States accepting FAA 14 CFR Part 25 as their airworthiness standards for transport category aircraft. Model EMB-550 and similarly derivatives models airplanes are intended for the global market place withGCF-03341201 5 - 616

the primary Authority, ANAC, utilizing airworthiness standards based an the United States.