Transport Airplane Directorate

1601 Lind Avenue, S.W.

Renton, Washington 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) on 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 Docket No. FAA-2013-0810.

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 with 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 states 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 system. Other airbag systems installed on airplanes are selfcontained systems than are attached to the airplane. The self-contained systems 

include the sensing system that determines when the system is activated, the power 

system to run the system, 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 significantly greater level of 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 airplane 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 by the proposed exemption.

o If retrofit is feasible, the exposure would be limited 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 type 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.

Sincerely,

/s/

Suzanne Masterson

Manager, Airframe and Cabin Safety Branch