February 6 th , 2015

GCF-0132/2015 - 1 /5 BAP **Embraer S.A.**  Av. Brigadeiro 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 W1 2 - 140 Washington, DC 20590 Subject : ERJ 190 -300/400 - FAA Validation

Request of exemption for 14 CFR 25.809(a)

Dear S ir: Please, fi nd enclosed request of exemptio n fo r 14 CFR 25.809(a) amendment 116. Kindly,

Ricardo Lavall Hollerbach Airworthiness DirectorGCF-0132/2015 - 2/5

**14 CFR 11.81 (a)**  **- Contact Information:**  Ricardo Lavall Holle rbach Embraer Airworthiness Director Av. Brigadeiro Faria Lima, 2170

– PC 179 12227 -901 São Jose dos Campos, SP - Brazil Phone: 55- 12 -3927 -3543 Fax: 55- 12 -3927 - 1184 **14 CFR 11.81 (b) Specific**  **s ection from**  **w hich**  **e xemption is required**  **§ 25.809 Emergency**

**exit arrangement:** (a) Each emergency exit, including each flight crew emergency exit, must be a moveable door or hatch in the external walls of the fuselage, allowing an unobstructed opening to the outside. In addition, each emergency exit must have means to permit viewing of the conditions outside the exit wh en the exit is closed. The viewing means may be on or adjacent to the exit provided no obstructions exist between the exit and the viewing means. Means must also be provided to permit viewing of the likely areas of evacuee ground contact. The likely areas of evacuee ground contact must be viewable during all lighting con ditions with the landing gear extended as well as in all conditions of landing gear collapse. **14 CFR 11.81 (c) Extent of**  **r elief and**  **r eason for**  **s eeking**  **r elief**  **Petition and General Information:** EMBRAER is seeking a partial exemption from 14 CF R 25.809(a) at Amendment 25- 116 for the flight crew and the over wing exits on the ERJ 190 -300/400 airplanes. The ERJ 190 -300/400 flight crew exits do not provide an unobstructed view of the point of ground contact from the flight-deck window because the fuselage curvature blocks passenger viewing from the exit to the ground -contact point with the flight-deck window closed

. F or the ERJ 190 -300/400 over wing exits, the location where the evacuee makes first contact on the ground is a considerable distance from the point from which they exit the passenger cabin. The distance the evacuee moves aft on the wing upper surface, and then down to the ground by escape slide, makes it impossible to see the ground -contact point from , or adjacent to, the overwing exit because of the distance from the exit to the ground contact point

. Partial relief is being sought from the requirement since these outside viewing means do not permit viewing of the likely area of evacuee ground contact prior to exit opening during all li ghting conditions with the landing gear extended as well as in all conditions of landing gear collapse.GCF-0132/2015 - 3/5

Partial exemption is necessary since literal compliance with the rule would require extensive design changes to the ERJ 190 -300/400 aircraft design. Ma king this type of design change would not enhance the level safety provided for the occupants and it would impact the beginning of operation of the subject airplanes. In addition, as an airplane - mounted exterior illumination is not available to view outsi de the flightdeck window, a portable flash light is readily accessible to either pilot and provides outside visibility under dark of night conditions. Also, a dedicated exterior emergency lighting is provided at the overwing exit that illuminates the area where the evacuee is likely to make his first step outside the cabin, the escape route on the wing, and the area of the first contact on the ground in compliance with 14 CFR 25.812(g)(1). **Background:** EMBRAER has found difficulties complying with the requirement of 14 CFR 25.809(a) for the ERJ 190 -300/400 aircraft, with respect to the viewing of the ground contact area under all lighting and landing gear conditions from the flight crew and over wing exits. Current designs are such that flight crew members are able to view the outside conditions from the flight crew compartment window in daylight conditions, but cannot view the evacuee ground contact area as required by 14 CFR 25.809(a). In the case of lower wing airplanes with over wing exits, l ike ERJ 190 -300/400 aircraft, it is not feasible to view the ground from the exit location. Therefore, compliance with the requirement for viewing of the ground contact area under all lighting and landing gear conditions is not possible. Considering the a bove, EMBRAER requests an exemption from compliance with 14 CFR 25.809(a), with regards to: a) Viewing of the ground contact area under all lighting and landing gear conditions for flight crew exits; b) Viewing of the ground contact area under all li ghting and landing gear conditions for over wing passenger exits. The ERJ 190 -300/400 aircraft will comply with future harmonized requirements as indicated in the EASA CRD to NPA 2010 - 11 and now incorporated in EASA CS 25.809(a) at Amdt 12, and specific conditions imposed by the authorities to allow such an exemption. **14 CFR 11.81 (d) Reason**  **w hy**  **g ranting**  **r elief w** **ould be i**  **n p**  **ublic i**  **nterest** Granting this exemption would be the public interest because it: a) Avoids waste of resources to meet some aspects of the present regulation which will be changed in the future due to recognized implementation difficulties.GCF-0132/2015 - 4/5

b) Allows the ERJ 190 -300/400 aircraft design to meet ANAC, FAA and EASA anticipated future harmonized regulatio n preventing competitive disadvantage due to additional design/manufacturing complexity and increased weight. c) Avoids additional airline operation costs associated with:

- maintenance/spare parts for a more complex viewing system;

- fuel consumption/emi ssions produced by additional weight of such system. **14 CFR 11.81 (e) Reasons**  **w hy**  **e xemption would**  **n ot**  **a dversely**  **a ffect**  **s afety**  Granting this exemption would not affect safety, because: a) As stated under the sections titled Summary and Backgrou nd of the 14 CFR Final Rule, the objective was not to address a known safety issue, but to update the regulation to catch - up with industry state -of-the-art and design practices. b) The ERJ 190 -300/400 aircraft design is consistent with industry present state-of-theart and design practice. c) The ERJ 190 -300/400 aircraft design will comply with future harmonized requirements as written in the EASA CRD to NPA 2010 - 11 and now incorporated in EASA CS 25.809(a) at Amdt 12. d) The exterior views required in EASA CS 25.809(a)(2) and (a)(3) at Amdt 12 will be demonstrated by a combination of analysis and test. Therefore, there is no appreciable difference between the level of safety provided by the inten t of the rule and the ERJ 190 -300/400 aircraft design. **Conclusion:** The ERJ 190 -300/400 airplanes have both the flight crew exits and the over win g exits that provide an effective means to assess outside conditions during all lighting conditions with the landing gear extended and in any situation of landing gear collapse. This is consistent with industry present state-of-the -art and design practice. The above mentioned exits provide an external viewing means equivalent to that intended by the new regulati on, which was the FAA’s stated intent when codifying the requirement for an outside viewing means at the emergency exits. Evacuee’s safety will not be degraded by a grant of this exem ption. **14 CFR**  **11.81 (h):**  **Exercise of**  **the priv** **ileges of**  **the exemption**  **out side**  **the United**  **States of A merica**  Embraer requests the privileges of this exemption be extended outside the United States. This extension of privileges is necessary for operations based within otherGCF-0132/2015 - 5/5

countries having bilateral agreements with the United States accepting FAA 14 CFR Part 25 as their airworthiness standards for transport category aircraft.