March 24 rh , 2015

GCF-0332/2015 - 1/5

BAP 

### -E E M B RAE R

I;mbraer S.A.
Av. Bngadeiro Faria L ma, 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 10338 - Docket No. FAA-2011-0327 — Requirement 14 CFR 25.813(e)

Dear Sir:

Please, find enclosed request of amendment on Exemption 10338 - Docket No. FAA2011-0327- to permit type certification of similarly non-compliant derivatives of the current Embraer Model EMB-550 airplane. The original petition was sent on March 30 t " 2011 and it was granted on August 28th, 2011. The complete petition is available at the Department of Transportation's Federal Docket Management System, in Docket No. FAA-2011-0327. Embraer has analyzed Exemption 10338 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,

-~ ^- Ric rdo L.avall Hollerbach Air'wo ness Director afae uustavo Fassina lv.arqu:s Airworthiness OfficeGCF-0332/2015 - 2/5 -< EMBRAER

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) Specific section from which Exemption is reauired

14 CFR 25.813(e) Emergency exit access.

(e) No door may be installed between any passenger seat that is occupiable for takeoff and landing and any passenger emergency exit, such that the door crosses any egress path (including aisles, crossaisles and passageways).

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

The Model EMB-550 and similarly derivatives models will comply with the 14 CFR 25 requirements in amendment 129, transport category airplanes. The regulations on the aircraft category transport do not make any distinction between commercial aircraft, used for the public paying and aircraft especially used for other operations, as the "charter" or private. Therefore, the only mean available for accepting this installation for private use airplanes would be through an exemption from the prohibition of interior doors between passenger compartments 14 CFR 25.813 (e) as above mentioned. Embraer intends to, if this exemption is granted, provide certain privacy options that have became standard for business jets.

EMBRAER believes that aircraft specially designed for the private use shall be eligible for the acceptance of exemptions of cabin characteristics that do not comply with certain parts of 14 CFR 25. In this case, a similar level of safety can be demonstrated. Embraer also states that the following characteristics are unique to private use airplanes and provide compensating factors that are not normally provided in commercial use airplanes: - The number of passengers in private use airplanes is smaller than those traditional commercial airplanes; - The passengers in private use airplanes are typically frequent fliers and familiar with the safety features of the specific airplane they are aboard; - The interior arrangement is static, allowing flight and cabin crews to become acquainted with the configuration of the airplane, and emergency equipmentGCF-0332/2015 - 3/5 -< EMBRAEFI

provided, and the location of the emergency exits. They also have regular contact with the "repeated" passenger, which promotes a positive influence on communicating safety issues; - Differently from an airline, the operator has control and may restrict the public and/or select the passengers of aircraft.

14 CFR 11.81 (d) Reason why 4ranting relief would be in public interest

Public Interest
The design features listed below provide adequate passenger ability to egress in an emergency, the granting of this petition will allow Embraer to provide the type interior layouts expected in this class of airplane while simultaneously providing an adequate level of passenger protection. Allowing the installation of passenger compartment doors while maintaining an adequate level of passenger protection is in the public interest. Embraer S.A. designs, develops, manufactures, markets and sen ✓ ices the world's most technologically advanced business jet aircraft to an intemational market. The corporation utilizes numerous products, such as avionics and environmental control systems, from scores of suppliers located throughout the United States. Embraer competes for new business all over the world. Although the current world economy has slowed in comparison to previous years, the corporate aircraft market is expected to grow. These interior doors will work as an acoustic barrier and will provide a private area allowing passengers to perform for example business meetings or sleeping more comfortably. Denial of this petition would also negatively impact the ability of the EMB-550 and similarly derivatives models to compete with other airplanes in the executive market, that have passenger compartment doors because their authority granted them a similar exemption or is under an earlier certification basis, leading to a loss of revenue for Embraer and its Brazilian suppliers having an adverse impact on the Brazilian economy, which would be against the public interest.

14 CFR 11.81 (e) Reasons why Exemation would not adversely affect safety

Justification:

Embraer believes that many customers who purchase and operate Embraer airplanes consider privacy to be an essential feature. Therefore, it is important that portions of the cabin may be configured as private areas to accommodate private meetings. The only plausible method of providing such privacy is through the use of doors that separate passenger compartments. When a private area is created within the passenger cabin, the doors separating the private area from the rest of the cabin will be located between passenger compartments.GCF-0332/2015 - 4/5 { 

### EMBRAER

The cabin of the Model EMB-550 is approximately 8.4 feet wide. It is necessary to divide the cabin full width laterally to produce a private area because a side corridor would not be practical.
The proposed doors will be installed across a longitudinal aisle and translate laterally to open and close. The doors will not obstruct the openings when they are open complying with the aisle width requirements of 14 CFR 25.815 for the maximum possible passenger configuration.

Embraer states that the doors will have the following additional safety features:

1. Each interior door will be frangible, so that in the event that it is jammed in the deployed position, it will allow a 5th percentile female to break the doors open in case of an emergency, creating a large enough opening that a 95th percentile male can pass through. 2. Each interior door will also be equipped with dual locking mechanism to hold the door in the open position in such the probability of door unlocking due to distortion of the fuselage in an emergency landing will be minimized. Each locking will be able to withstand the loads imposed upon it when the door is subjected to the ultimate inertia forces specified in 14 CFR 25.561. 3. When the doors are deployed (i.e., spanning across the aisle), there will not be a latching mechanism that keeps the doors in that position, obstructing the aisle. This will allow occupants to access the opposite side of the door without the use of any tools. 4. An advisory CAS message "Door Pocket Not Open" will be provided for crew when an interior door is not open and locked for take off and landing. The doors will be placarded to be locked open during taxi, take-off and landing. 5. Emergency exit locator, marking signs and emergency lighting in accordance with 14 CFR 25.811 and 25.812 will be provided. 6. The Airplane Flight Manual (AFM) will provide procedures and limitations to ensure that the doors are in the proper position for taxi, takeoff and landing.

Embraer believes that the basic issues of a passenger finding and reaching an exit in an emergency are addressed by the above additional safety features and by the existing safety parameters inherent in the operation of private use airplanes. Embraer also believes that even if some extreme condition should result in a door being closed or partially closed after an accident, there are simple means to get through the door to reach the exit(s). For this reason, the exemption, as requested, would provide a level of safety for passengers in the EMB-550 and similarly derivatives models that would be acceptable to that required for passengers of airplanes in commercial operation.

14 CFR 11.81 (f) Summary for publication in Federal Register

Embraer requests an Exemption from 14 CFR 25.813(e) Amdt. 25-116 to allow the installation of interior doors between passenger's compartment and emergencyGCF-0332/2015 - 5/5

{ 

### EMBRAER

exits in the EMB-550 and similarly derivatives models. Certain design features would be required to ensure that the door would not adversely affect safety.



### 14 CFR 11.81 (a) Additional Information to suaaort reQuest

Exemption N° 9458 (Regulatory Docket N° FAA-2007-27903 issued to Embraer on August 2, 2007. This exemption is provided as evidence that the FAA has previously granted exemption from the same regulation, with the same provisions, for the same type aircraft as that which is being requested by this petition.

Conclusions
EMBRAER believes that the Model EMB-550 and similarly derivatives models interior arrangements design, which are specific for private use as well as its operation private and the characteristics proposals for the occupant protection must justify the granting of exemption.