February 6th , 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 W12-140

Washington, DC 20590

Subject: ERJ 190-300/400 - FAA Validation

Request of exemption for 14 CFR 25.809(a)

Dear Sir:

Please, find enclosed request of exemption for 14 CFR 25.809(a) amendment 116.

Kindly,

Ricardo Lavall Hollerbach

Airworthiness Director
GCF-0132/2015 - 2/5

14 CFR 11.81 (a) - Contact Information:

Ricardo Lavall Hollerbach

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 section from which exemption 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 when 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 conditions with the landing gear extended as well as in all conditions 

of landing gear collapse.

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

Petition and General Information:

EMBRAER is seeking a partial exemption from 14 CFR 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.

For 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 lighting conditions with the landing gear extended as well as in all conditions 

of landing gear collapse.
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Partial exemption is necessary since literal compliance with the rule would require 

extensive design changes to the ERJ 190-300/400 aircraft design. Making 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 outside 

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, like 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 above, 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 lighting 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 why granting relief would be in public interest

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.
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b) Allows the ERJ 190-300/400 aircraft design to meet ANAC, FAA and EASA 

anticipated future harmonized regulation 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/emissions produced by additional weight of such system.

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

Granting this exemption would not affect safety, because:

a) As stated under the sections titled Summary and Background 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 

intent 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 wing 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 regulation, 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 exemption.

14 CFR 11.81 (h): Exercise of the privileges of the exemption outside the United 

States of America

Embraer requests the privileges of this exemption be extended outside the United 

States. This extension of privileges is necessary for operations based within other 
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countries having bilateral agreements with the United States accepting FAA 14 CFR 

Part 25 as their airworthiness standards for transport category aircraft.