September02, 2016. GCF- 1836/2016- 1/3 CAS

U.S. Department ofTransportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 NewJersey Avenue, SE., Washington, DC 20590

## ~EMBRAER EmbraerS

.A. Av. Brigadeiro Faria lima.2.170 12227-901 -S.J. dosCampos- SP Brasil Fone: (12)3927-5043 Fax: (12)3927-1184 PC: 179

Subject: EMB-550 and EMB-545 -Additional Extension Request for Exemption Petition to the Extension of Exemption from 14 CFR 25.562 (b) amendment 64, 25.785(b) at amendment 88 and Special Condition N° 25-495-SC number2. (e)

.. Ref: Ong1nal Exemption n°10974 Ref: Previous extension of Exemption n° 1 0974A
Gentlemen: EMBRAER respectfully requests an Additional Extension for Exemption from 14 CFR 25.562(a) amendment 25-64, 14 CFR 25.785(b) amendment 25-88 and FAA Special Condition 25-495-SC number 2. (e), in order to allow the certification of the installation lateral single and multiple side facing seats in the EMB-550 and EMB-545 models. This installation is associated with a Design Change Application (DCA) 0550-025- 00006-2015 Anti leg flail device installation. Fordetails, please find attached the EMBRAER request.
Sincerely,

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## y R1carao Lavau Hollerbach Airworthiness Director 

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- Willian TanjiGCF- 1836/2016-213 

## --(EMBRAER

Requestfor Extension for Exemption No.10974. Docket Number FAA-2013-0810 Background: By letters dated September6, 2013, and November 22, 2013 EMBRAER petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements of 25.562(a) and 25.785 (b) of Title 14, Code of Federal Regulations (14 CFR) and from FAA Special Condition 25-495-SC number2(e). The exemption No. 10974 was granted on April 04, 2014, that permits partial relief for the lower-leg flail requirement forthe forward-most seat position on all side-facing seats on EMBRAER Model EMB-550 airplanes, serial number 1through 55. An extension to exemption No. 10974A was granted on May 4, 2016 that extended the time limit of exemption no. 10974 for airplanes produced until December 31, 2016 that have side-facing seats.
EMBRAER ANALYSIS AND ARGUMENTATION On August 28, 2016, the Federal Aviation Administration informed Embraer that installation of the leg flail prevention device affects the seat configuration such that in order for the new seat design to be certified, compliance must be shown for the complete set of Special Conditions number 25-495-SC, in addition to the requirements of 14 CFR 25.562 and 25.785, and Special Conditions 25-623-SC. On September 1, 2016 Federal Aviation Administration informed Embraer that it is conducting divan research regarding ATD submarining, and as a result of that work, it will be necessary to change requirements or acceptable means of compliance for existing or newside-facing seat installations. Because of this additional compliance demonstration that will be required by FAA, some ofwhich hasyet to be communicated to Embraer, Embraerwill not be able to certifythe side-facing seat with the leg flail prevention device priorto the December 31, 2016 time limit currently in Exemption 10974A. Accordingly, EMBRAER request an extension of this exemption until January 1, 2019. This time will be necessary to allow FAA to complete the submarining research, develop and publish the required changes to requirements and/or acceptable means of compliance, Embraer to incorporate any required design changes to address the FAA changes, and to test/certify the modified seat to showcompliance with the new requirements. EMBRAER emphasizes the commitment to complete the certification of this system within this extended time, and all efforts are being doneto bring it into production in theGCF- 1836/2016-3/3



## ~EMBRAER
shortest feasible time. In addition, Embraer will continue to abide by all the other limitations in the original exemption. The side facing seat of the EMB-550 and EMB-545 models is one of the few that have been certified to the newdynamic standard, so even without complying with the new leg flail requirement it represents a significant increase in level of safety compared with earlier side-facing seats approved by exemption that are still being produced. In addition, any delay in aircraft deliveryto meet the terms ofthe original exemption and its extension will impose an adverse effect on our customers' ability to fully utilize the product they purchased and will have an adverse economic effect on their operations. The extension of the exemption to cover new production aircraft until January 1, 2019 does not adversely affect safety and it continues to be in the public interest because the level of safety provided is greater than that of other configurations that continue to be produced. EMBRAER appreciates FAA's consideration of this extension request. If there is any further information required, please contact us.