February 17, 2017. 

GCF- 0346/2017-1/3 

CAS/cas 

U.S. Department of Transportation, 

Docket Operations, 

West Building Ground Floor, Room W12-140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

-(EMBRAER 

Embraer S.A. 

Av. Brigadeiro Faria Uma, 2.170 

12227·901 o S.J. dos Campos o SP 

Brasil 

Fone: (12) 3927·5043 

Fax: (12) 3927°1184 

PC: 179 

Subject: EMB-550- Additional Extension Request for Exemption 

Petition to the Extension Request for Exemption from 14 CFR 25.562 (b) 

amendment 64, 25.785(b) amend 88 and Special Condition N° 25-495-SC 

number 2. (e) .. Ref: Ong1nal Exemption no 1 097 4 

Ref: Previous extension of exemption n°10974A 

Ref: Previous extension of exemption n°1 09748 

Dear Sir or Madam: 

EMBRAER respectfully requests an Additional Extension for 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), in order to allow the certification of the installation 

lateral single and multiple side facing seats in the EMB-550. 

This installation is associated with a Design Change Application (DCA) 0550-025-

00006-2015 Anti leg flail device installation. 

For details, please find attached the EMBRAER request. 

Sincerely, 

tJk r'~ A/1 \ ~~i~ardo Lavall ffo~ch Airworthiness Director 

I CC: I ANAC- Willian Tanji 

Ne.son Freire M.,;;c~do Airworthiness Offic-= 
GCF - 0346/2017 - 2/3 ~EMBRAER 

Request for Extension for Exemption No.10974 .. Docket Number FAA-2013-0810 

Background: 

By letters dated September 6, 2013, and November 22, 2013 EMBRAER petitioned the 

Federal Aviation Administration (FAA) for an exemption from the requirements of 

25.562(a) and 25.785 (b) of Title 14, Code of Federal Regulations (14 CFR) and from 

FAA Special Condition 25-495-SC number 2(e). 

The exemption No. 1 097 4 was granted on April 04, 2014, that permits partial relief for 

the lower-leg flail requirement for the forward-most seat position on all side-facing seats 

on EMBRAER Model EMB-550 airplanes, serial number 1 to through 55. 

The exemption No. 10974A was granted on May 4,2016 and extended the time limit of 

exemption no. 1 097 4 until December 31, 2016 for all side-facing seats for Embraer 

Model EMB-545 and EMB-550 airplanes. 

The exemption No. 109748 was granted on Dec 15~ 2016 and extended the time limit of 

exemption no. 10974A until December 31, 2017 f·Or all side-facing seats for Embraer 

Model EMB-545 and EMB-550 airplanes. 

EMBRAER ANALYSIS AND ARGUMENTATION 

On Dec 15, 2016, the Federal Aviation Administration informed Embraer that have 

again extended the time limit of Exemption N°1 0974. FAA has recognized that the 

complexity of the remaining issues to be resolved for the Embraer side-facing seats 

(mainly related with submarining event and rapid egress with the deployed leg-flail 

airbag), to meet Special Conditions No 25-495-SC, •::ombined with the public interest are 

motivation to warrant an extension of current exemption. 

Since the grant of that latest extension, furtherr discussions with the FAA on the 

certification analysis and testing campaign schedule necessary to address all the 

outstanding technical aspects for this novel desi~Jn has demonstrated that one-year 

exemption is not sufficient. 

Among the tasks that must be performed, the egress evaluation is the critical path to 

demonstrate that rapid egress is not jeopardized by a deployed leg-flail device. There is 

no established method of compliance for this partic:Jiar issue yet, since FAA is currently 

preparing to conduct research to evaluate this issue in the passenger cabin. As FAA 

stated, their goal is to complete this research byt March 31, 2017. Besides that, the 

research data will be reviewed to prepare a stage: 2 FAA position for an issue paper. 

Only after this Issue Paper issuance, Embraar will learn which airworthiness 
GCF- 0346/2017-3/3 -(EMBRAER 

requirements are applicable to this subject. As detailed in the letter GCF - 0133/2017 

sent to FAA by Embraer on January 20, 2017 where this critical path and all subsequent 

activities are presented, the limit of exemption to December 31, 2017 is not feasible to 

complete this certification campaign. 

Concerning with remaining certification activities that are still outstanding, Embraer is 

requesting FAA to extend time limit of Exemption N°1 0974 to December 31, 2018. 

EMBRAER has demonstrated its commitment to complete the certification of this 

system, and to do that we are working closely with FAA to define the Certification Basis 

and validate the Certification Plan as soon as possible. 

The side facing seat of the EMB-550 is one of the few that have been certified to the 

new dynamic standard, so even without complying with the new leg flail requirement it 

represents a significant increase in level of safety compared with earlier certified sidefacing seats that are still being produced. In addition, any delay in aircraft delivery to 

meet the terms of the original exemption and it extension will impose an adverse effect 

on our customers' ability to fully utilize the product they purchased and will have an 

adverse economic effect on their operations. The extension of the previously granted 

exemption to cover aircrafts until January 2019 continues to be in the public interest 

because the level of safety provided is still greater than that of our configurations being 

offered. 

EMBRAER appreciates FAA's consideration of this extension request. If there is any 

further information required, please contact us.