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U.S. Deportment 

of Troraportntlon 

Fedora) AvioHon 

Administration 

TpARTWbNTOF^ 

: XtT OPrRAliOHS 

1 '— ' 1 K 2-- UR 

Transport Airplane Directorate 

1601 Llnd Avenue. S-W. 

Renton, Waahlngton 98057-3356 

October 6,2011 

Exemption No. 10180A 

Regulatory Docket No. FAA-2010-1265 

Mr. Sergio Augusto Viana de Carvalho 

Certification Manager 

EMBRAER - Empresa Brasileira de Aeronautica S.A. 

Av.Brig.FariaLima,2170PC179 . 

12227-901 - Sao Jose Dos Campos - SP 

Brazil 

Dear Mr. Carvalho: 

This letter is to inform you that we have granted your petition to extend Exemption No. 

10180. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By Embraer letter GCF-1013/2011 dated September 2,2011, you petitioned the Federal 

Aviation Administration (FAA) on behalf of Embraer S.A., for an extension of Exemption 

No. 10180 by amending the current deadlines. That exemption from § 25:981 (a)(3) of 

Title 14, Code of Federal Regulations, allows Embraer relief from the fuel tank ignition 

prevention requirements for its EMB-135BJ airplanes modified in accordance with Design 

Change Approval (DCA) 0145-000-00020 (most recent FAA approved revision) (Legacy 

650). The amendment you request would extend each of the time limitations in the current 

exemption by one year. 

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

However, you do state that you can not meet the current exemption time limitations for the 

following reasons: 

• Some of the concepts used in the new design are new for the pump manufacturer and, 

to some extent, they are new to the industry, hence the activities for technical and 

conceptual prooftook longer then expected. This also included various material 

evaluations and configurations. 
OCT-11-2011 10:34 Fflfl RENTON P.03/04 

• Suppliers to the piunp manufecture had issues with their materials because of the 

tsimami in Japan. The tsunami affected the availability of the pump units for 

qualification tests and the production line. 

• The qualification tests cannot be finished by the current exemption deadlines. This in 

turn has delayed the manu&cturing of the units and the corresponding documentation. 

The FAA has detennined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Embraer. 

Our Decision 

The FAA has determined that thejustification for the issuance of Exemption No. 10180 with a 

time limited extension of one year, remains valid with respect to this exemption and is in the 

pubUc interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which 

the FAA Administrator has delegated to me, I grant your petition provided Embraer complies 

with the following. 

Embraer must develop a comprehensive compliance plan and schedule, supporting the 

deliverables identified in items 3 and 4 of The FAA's Decision section of the Exemption. 

The plan and schedule must be presented to the Agencia Nacional de Aviaj9So Civil (ANAC) 

of Brazil, as the authority for the State of Design, and the FAA by December 1,2011. 

Thereafter, Embraer must submit a monthly status report to ANAC and the FAA identifying 

all actions completed to date as well as those that remain outstanding. The report must 

demonstrate Embraer's progressive performance and accompUshments indicating their 

projected success in meeting the schedule and conditions of the exemption. 

The Effect of Our Decision 

Our decision extends the overall tennination date of Exemption No. 10180, to 

September 30,2013, unless sooner s\q)erseded or rescinded. The FAA will not issue original 

airworthiness approvals for Model EMB-135BJ (Legacy 650) airplanes after September 30, 

2013, unless Embraer shows fiiU compliance with the provisions of this exemption by that 

dale. 

In regards to item 2 of the Exemption, the "Airworthiness Limitation" section for those 

airplanes dehvered prior to the issuance of this letter may be revised to reflect the extended 

time limit as granted "by this letter. 
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P.QA^Q ^ 

^ 

All conditions and limitations of Exemption No. 10180 remain, the same. Only the time 

lirnitations in items one through six of The FAA's Decision section have changed. Those 

time limits are identified below. This letter must be attached to, and is a part of, Exemption 

No. 10180. 

Item 

Nimiber. 

1 

2 

3 

4 

5 

6 

Date 

(Time Limit) 

September 20,2012 

September 30,2013 

September 30,2012 

March 30,2013 

September 30,2012 

September 30,2013 

Sincerely, 

AliBahrami 

Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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