September 02, 2016. 

GCF- 1836/2016- 1/3 

CAS 

U.S. Department of Transportation, 

Docket Operations, 

West Building Ground Floor, Room W12-140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

~EMBRAER 

Embraer S.A. 

Av. Brigadeiro Faria lima. 2.170 

12227-901 - S.J. dos Campos- 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 

number 2. (e) .. Ref: Ong1nal Exemption n°1 0974 

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 flai l device installation. 

For details, please find attached the EMBRAER request. 

Sincerely, 

;J.~u r~ ~~ NeTsOn Fr~ire Macedo 

0 j . jr wQrthine!i~ Otfic;\l y R1carao Lavau Hollerbach 

Airworthiness Director 

I CC: J ANAC - Willian Tanji 
GCF- 1836/2016-213 --(EMBRAER 

Request for Extension for Exemption No.1 0974. Docket Number FAA-2013-081 0 

Background: 

By letters dated September 6, 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 number 2(e). 

The exemption No. 10974 was granted on April 04, 2014, that permits partial relief for 

the lower-leg flail requirement for the forward-most seat position on all side-facing seats 

on EMBRAER Model EMB-550 airplanes, serial number 1 through 55. 

An extension to exemption No. 1 097 4A 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 new side-facing seat installations. 

Because of this additional compliance demonstration that will be required by FAA, some 

of which has yet to be communicated to Embraer, Embraer will not be able to certify the 

side-facing seat with the leg flail prevention device prior to 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 show compliance with the new requirements. 

EMBRAER emphasizes the commitment to complete the certification of this system 

within this extended time, and all efforts are being done to bring it into production in the 
GCF- 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 new dynamic 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 delivery to meet the terms of the 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.