Transport Airplane Directorate 1601 L ind Avenue, S.W. Renton, W ashington 98057 - 3356

October 29 , 2013 Mr. Sérgio Augusto Viana de Carvalho Embraer Airworthiness Director Av. Brigadeiro Faria Lima, 2170

– PC 179 12227 - 901 São Jose dos Campos, SP

– Brazil Dear Mr. Viana de Carvalho : We received your petition ( GCF - 1228/2013

– 1/5 ) o n behalf of Embraer S.A. requesting exemption from Title 14 , Code of Federal Regulations ( 14 CFR) 25. 562 (b ) , at Amendment 64 , and 25.785(b) at Amendment 88, and Special Conditions 25 - 495 - SC , number 2(e) . This exemption , if granted, would allow the installation of lateral single and multiple side - facing seats in the initial 55 production EMB - 550 airplanes without meeting the new criteria for side - facing seats . This request , which you submitted to the Federal Docket Management System, has been given D ocket N o. FAA - 20 1 3 - 0 810 . We have reviewed your petition and have determined that we need more information before we can process it : 1. The petition requests exemption for EMB - 550 airplanes wi th serial numbers 1 through 55.

 What is the anticipated time frame to produce these 55 airplanes?  When do you expect to deliver serial number 56?  Are the serial numbers for the EMB - 545 a different set of numbers , or is it possible there may

be some EMB - 545 airplanes included in this 55 serial number airplanes. 2. The petition s tates that Embraer will not be able to retrofit the leg flail limitation device into airplanes/seats that have already been produced. Therefore, Embraer is proposing not to retrofit the initial 55 airplanes. Please provide more information to explain why

the first 55 airplanes cannot be retrofitted. One option that Embraer has discussed is an airbag s ys tem. O ther air bag systems installed on airplanes are selfcontained s ys tems than are attached to the airplane. The self - contained s ys tems include the sensing system that determines when the system is activated, the power system to run the s ys tem, and the inflation system.2

3. The public interest statement in the petition states that the seats in the first 55 airplanes “will provide a significantl y greater level o f safety than current production side - facing seat installations....” Please elaborate on why granting this exemption would be in the public interest. Topics to consider addressing for public interest:

 Talk about the limited number of seat places on the air plane that would not meet the leg flail requirement vs. the total number of passenger seats.  Talk about the limited exposure associated with the limited number of seats affected b y the proposed exemption. o If retrofit is feasible, the exposure would be limi ted with a retrofit plan for the first 55 serial number airplanes that is in the timeframe of a major inspection of the airplane and/or the seats being modified/replaced. Reiterate in the public interest statement that because the new leg flail standards were introduced two years after the application for ty pe certificate, per policy statement PS - ANM - 25 - 03 - R1, Embraer had the option of applying for a permanent exemption rather than incorporating the new criteria in special conditions . In addition, explain the relative impact to public safety of that option vs. this time - limited exemption. Sincerel y, /s/ Suzanne Masterson Manager, Airframe and Cabin Safety Branch