**U.S. Department** 

**of Transportation**  **Federal Aviation**  **Administration**


## JUL 2 0 2011 **Small Airplane**  **Directorate 901**  **Locust Kansas**  **City, MO**  **64106**



### Mr. **Sergio Augusto**  **Viana de**  **Carvalho Airworthiness**  **Manager Embraer**  **S .A. Av.**  **Brigadeiro Faria**  **Lima, 2170**  **-PC 179**  **12227-901 Sao**  **Jose dos**  **Campos, SP-Brazil**  **Dear Mr.**  **Viana de**  **Carvalho: We**  **are encl** **osing a**  **grant of** **your petition**  **submitted on**  **April 1,**  **2011, requesting**  **exemption from**  **the require** **ments of§**  **23.562(a) of** **Title 14**  **of the**  **Code of** **Federal Reg** **ulations. This**  **grant of** **exemption allows**  **Embraer to**  **install a**  **two-place, side-facing**  **divan into**  **their model**  **EMB-505 airplane**  **using alternative**  **testing criteria.**  **If you**  **have any**  **questions, please**  **contact Mr.**  **Robert Stegeman**  **at the**  **above address**  **or call**  **him on**  **816-329-4140. Sincerely,** 

**Earl Lawrence**  **Manager, Small**  **Airplane Directorate**  **Aircraft Ce** **rtification Service**  **Enclosure** 

# 0

### Exemption No. 10321


### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATIO WASHINGTON, DC 20591 N

In the matter ofthe petition of
EMBRAER S. A.
for an exemption from §23.562(a) ofTitle 14, Code of Federal Regulations Regulatory Docket No. FAA-2011-0336

GRANT OF EXEMPTION By letter dated March 21, 2011, Mr. Sergio Augusto Viana de Carvalho, Airworthiness Manager, Embraer S.A. (Embraer), Av. Brigadeiro Faria Lima, 2170-PC 179 12227-901 Sao Jose dos Campos, SP-Brazil, petitioned the Federal Aviation Administration (FAA) on behalfof Embraer for an exemption from§ 23.562(a) ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed exemption, ifgranted, would allow Embraer to install a two-place, side-facing divan into their model EMB-505 airplane using alternative testing criteria included herein. The petitioner requires relieffrom the following regulations: Section 23.562(a) prescribes dynamic seat testing for forward and aft-facing aircraft seats. This grant ofexemption would allow Embraer model EMB-505 airplanes to be certificated with similar criteria currently used for side-facing seats. The petitioner supports its request with the following information: The petitioner states: Rationale: "The multiple-place side facing couch is required to comply with the requirements of 14 CFR 23.562, however the pass/fail injury criteria ofthese requirements were primarily developed for forward and aft facing seats and the National Civilian Aviation Agency ofBrazil (ANAC) has determined that the existing regulations do not provide adequate safety standards for occupants ofside facing couches. For this reason ANAC has indicated that the only certification method available for side facing couches is through an exemption from 14 CFR 23.562(a).

ACE-11-254-E2 

### Embraer proposes the following injury criteria and testing for showing that TwoPlace Side Facing Divan will comply with injury criteria presentedon 14 CFR 23.562(c) and in addition will meet the injury requirements for (Thoracic Trauma Index, Lateral Pelvic Acceleration, no contact of head, pelvis and thorax between adjacent ATDs, ATD body to wall/furnishing contact evaluation, occupant retention and shoulder strap loads) developed FAA specifically for side facing divans.”
The Petitioner proposes the following injury criteria: “The following proposed injury criteria and installation / testing guidelines represent the minimum acceptable standard: 1. Existing Criteria:All injury protection criteria of 14 CFR Part 23.562(c)(1) through (C)(7) apply to the occupants of side facing seating. Head Injury Criterion (HIC) assessments are only required for head contact with the seat and/or adjacent structures. 2. Body-to-Body Contact: Contact between the head, pelvis, torso or shoulder area of one Anthropomorphic Test Dummy (ATD) with the adjacent seated ATD's head, pelvis torso or shoulder area is not allowed during the tests conducted in accordance with 14 CFR Part 23.562(b)(1) and (b)(2). Contact during rebound is allowed. 3. Thoracic Trauma: If the torso of an ATD at the forward most seat place impacts seatand/or adjacent structure during testing, Thoracic Trauma Index (TTI) injury criterionmust be substantiated by dynamic test or by rational analysis based on previous test(s) of a similar seat installation. TTI data must be acquired with a Side Impact Dummy (SID), as defined by 49 CFR Part 572, Subpart F, or an equivalent ATD or a more appropriate ATD and must be processed as defined in Federal Motor Vehicle Safety Standard (FMVSS) Part 571.214, section S11.5. TTI must be less than 85, as defined in 49 CFR Part 572, Subpart F. Torso contact during rebound is acceptable and need not be measured. 4. Pelvis:If the pelvis of an ATD at any seat place impacts seat and/or adjacentstructure during testing, pelvic lateral acceleration injury criteria must be substantiatedby dynamic test or by rational analysis based on previous test(s) of a similar seat installation. Pelvic lateral acceleration must not exceed 130g. Pelvic acceleration data must be processed as defined in FMVSS Part 571.214, section S11.5. 5. Body-to

-Wall/Furnishing Contact: If the seat is installed aft of a structure such as an interior wall or furnishing that may contact the pelvis, upper arm, chest, or head of an occupant seated next to the structure, the structure or a conservative representation of the structure and its stiffness must be included in the tests. It is recommended, but not required, that the contact surface of the actual structure be covered with at least twoinches of energy absorbing protective padding (foam or equivalent).3 

### 6. Shoulder Strap Loads:Where upper torso straps (shoulder straps) are used for divan occupants, the tension loads in individual straps must not exceed 1,750 pounds. If dual straps are used for restraining the upper torso, the total strap tension loads must not exceed 2,000 pounds.
7. Occupant Retention: All side

-facing seats require end closures or other means toprevent the ATD's pelvis from translating beyond the end of the seat at any time during testing.
Proposed General Test Guidelines 1. All seat positions need to be occupied by ATDs for the longitudinal tests. 2. A minimum of one longitudinal test, conducted in accordance with the conditions specified in 14 CFR Part 23.562(b)(2), is required to assess the injury criteria as follows. Note that if a seat is installed aft of structure (e.g., an interior wall or furnishing) that does not have a homogeneous surface, additional test(s) may be required to demonstrate that the injury criteria are met for the area which an occupant could contact. For example, different yaw angles could result in different injury considerations and may require separate tests to evaluate.
• For configurations without structure (e.g., wall, bulkhead) installed directly forward of the

forward seat place, Hybrid II ATDs or equivalent must be in all seat places. • For configurations with structure (e.g., wall, bulkhead) installed directly forward of the

forward seat place, a SID or equivalent ATD or more appropriate ATD must be in the forward seat place and a Hybrid II ATD or equivalent must be in all other seat places. • The test may be conducted with or without deformed floor. • The test must be conducted with either no yaw or 10 degrees yaw for evaluating occupant

injury. Deviating away from the no yaw condition must not result in the critical area of contact not being evaluated. Allowing the test to be conducted at 10 degrees yaw will permit many occupant injury tests to be considered the structural test as well and is considered acceptable since an exemption is soughtin lieu of compliance with part 23. Note that this condition does not provide relief from the requirement that torso restraint straps, where installed, must remain on the occupant's shoulder during the impact condition of 14 CFR Part 23.562(b)(2). 3. For the vertical test, conducted in accordance with the conditions specified in 14 CFR Part 23.562(b)(1), Hybrid II ATDs or equivalent must be used in all seat positions.”
Public Interest: “The proposed certification requirements provide an adequate level of protection for the passengers seated in the divan during the minor crash landing conditions established in 14 CFR Part 23. The 2-place Side Facing Divan will provide a high level of comfort for the passengers, similar to aircraft of an upper category, and the commodity is an important item for the most clients which buy and operate EMBRAER executive aircraft conduct activities usually incompatible with commercial aircraft, like conferences, etc. Therefore granting of this4 exemption is ofpublic interest, because the expectancy is that the installation Two Place Side Facing Divan on EMS-505 aircraft is an important asset to bring the EMB-505 to a superior level ofmarketing, increasing the sales and consequent creation ofmorejobs for Embraer and partners (Brazilian and foreign).
Denial ofthis petition would negatively impact the ability ofthe EMB-505 to compete with other airplanes in the executive market that have side facing divans either because they have earlier certification bases or because their Authority granted them an exemption similar to that being requested here. It is important to remark that a very similar exemption (from 14 CFR 23.562 (a)) was granted by FAA to an EMBRAER's competitor airplane (FAA Exemption 9593 granted to Cessna Aircraft Company on Feb 1 st, 1998). Denial ofthis petition would result in the loss of revenue for EMBRAER, its Brazilian suppliers, and have an adverse impact on the Brazilian economy, which is against public interest."
A summary ofthe petition was published in the Federal Register on May 20, 2011 (76 FR 29289). No comments were received.


### The FAA's analysis is as follows: The FAA finds that similar requests have been granted in the past; however, this exemption will apply the current associated rules and policies that have since changed as a result ofongoing testing. This testing included additional research regarding neck bending, body-to-body contact, and leg flailing injury from rotation about the knee. The FAA has carefully reviewed the information contained in the petitioner's request for exemption. The FAA agrees that Embraer's proposed requirements are similar to transport category requirements. The requirements contained within this exemption have been revised to reflect part 23 rules and safety considerations that reflect recent research findings. Embraer will test the two-place side-facing divans to the criteria below.


### The FAA's Decision In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest and will not adversely affect safety when tested to the defined criteria. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Embraer S.A. is granted an exemption from 14 CFR§ 23.562(a) to the extent necessary to allow type certification ofthe Embraer model EMB-505 airplane with two-place, side-facing divans, subjectto the following conditions and limitations listed below. 

### Conditions and Limitations The following injury criteria and installation/testing guidelines represent the minimum acceptable standard for incorporation in an exemption from the general occupant injury criteria of§ 23.562(a). This addresses an exemption from the general occupant injury criteria of § 23.562(a) only for two-place, side-facing seats. Compliance with the structural requirements must be demonstrated for side-facing seats using the same conditions for the test and pass/fail criteria as for fore- and aft-facing seats.5

1. Injury Criteria a) Existing Criteria: All injury protection criteria of§ 23.562(c)(l) through (c)(7) apply to the side-facing divan occupants. HIC assessments are only required for head contact with the seat and/or adjacent structures. b) Body-to-Body Contact: Contact between the head, pelvis, torso or shoulder area of one ATD with another ATD's head, pelvis, torso, or shoulder area during testing in accordance with§ 23.562(b) is allowed ifthe contact is minor and would not cause serious injury to either occupant. Contact ofthe legs, feet, arms, and hands ofthe occupants is acceptable. Contact during rebound is allowed. c) Thoracic Trauma: Ifthe torso ofan ATD at the most forward seat place impacts the seat and/or adjacent structure during testing, compliance with the TTI injury criterion must be substantiated by dynamic test or by rational analysis based on previous test(s) ofa similar seat installation. TTI data must be acquired with a SID, as defined by 49 CFR part 572, subpart F, or an equivalent or more appropriate ATD and must be processed as defined in Federal Motor Vehicle Safety Standard (FMVSS) part 571.214, section S6.13.5. TTI must be less than 85, as defined in 49 CFR part 572, subpart F. Torso contact during rebound is acceptable and need not be measured. d) Pelvis: Ifthe pelvis ofan ATD at any seat place impacts seat and/or adjacent structure during testing, pelvic lateral acceleration injury criteria must be substantiated by dynamic test or by rational analysis based on previous test(s) ofa similar seat installation. Pelvic lateral acceleration must not exceed 130g. Pelvic acceleration data must be processed as defined in FMVSS part 571.214, section S6.13.5. e) Body-to-Wall/Furnishing Contact: Two-place, side-facing divans installed aft ofa structure, such as an interior wall or furnishing, that may contact the pelvis, upper arm, chest, or head ofan occupant seated next to the structure, then the structure or a conservative representation ofthe structure and its stiffness must be included in the tests. 

### f) Occupant Retention: The forward side ofthe side-facing divan requires a statically tested end closure or a means to prevent the occupant from sliding offthe seat. g) Head/Neck Injury: Some form ofbarrier must be employed to prevent injury from significant neck bending and seatbelt impingement on the neck during the tests conducted in accordance with§ 23.562(b). The barrier may be permanent, removable or a part ofthe restraint system. h) Leg: Flailing ofthe lower leg segments, such that the upper leg segment experiences torque shall be limited to 45 degrees ofrotation about the knee in either direction from the nominal seated orientation.6 

### 2. General Guidelines a)

. All seat positions need to be occupied by ATDs for the longitudinal tests. b) A minimum ofone longitudinal test, conducted in accordance with the condition specified in § 23 .562(b)(2), is required to assess the injury criteria. 

### Ifa two-place, side-facing divan is installed aft ofa structure ( e

.g., an interior wall or furnishing) that does not have a homogeneous surface, additional test(s) may be required to demonstrate that the injury criteria are met for the area which an occupant could contact. For example, different yaw angles could result in different injury considerations and may require separate tests to evaluate

. c) For configurations without a structure (e

.g., wall, bulkhead) installed directly forward ofthe two-place, side

-facing divan, Hybrid II ATDs or equivalent must be in all seat places

. d) For configurations with a structure (e

.g., wall, bulkhead) installed directly forwar ofthe two-place, side-facing divan, a SID or equivalent ATD or more appropriate ATD must b in the forward seat place and a Hybrid II ATD or equivalent must be in all other seat places. e) The injury criteria and installation tests may be conducted with or without deformed floor. f) The test must be conducted with either no yaw or 10 degrees ofyaw for evaluatin occupant injury. Deviating away from the no yaw condition must not result in the critical area contact not being evaluated

. Conducting the test at 10 degrees yaw will permit many occupant injury tests to be considered the structural test. This is acceptable since an exemption is sough in lieu ofcompliance with part 23. This condition does not provide relieffrom the requiremen that torso restraint straps, where installed, must remain on the occupant's shoulder during the impact condition specified in § 23 .562 (b)(2)

. g) For the vertical test conducted in accordance with the conditions specified in 

### § 23

.562(b)(l), Hybrid II ATDs or equivalent must be used in all seat positions.
Issued in Kansas City, MO, on July 20, 2011. s

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Earl Lawrence Small Airplane Directorate Aircraft Certification Service