U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

MAY 0 ~ 2016 

Mr. Rafael Gustavo Fassina Marques 

Embraer S.A. 

Av. Brigadeiro Faria Lima, 2.170 

12227-901 - S.J. dos Campos SP 

Brasil 

Dear Mr. Marques: 

Transport Airplane Directorate 

1601 Lind Avenue, S.W. 

Renton, Washington 98057-3356 

Exemption No. 10974A 

Regulatory Docket No. FAA-2013-0810 

This letter is to inform you that we have extended the time limit of exemption no. 10974. It 

explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter no. GCF-1933/2015, dated November 13, 2015, and letter no. GCF-0163/2016, 

dated February 1, 2016, you petitioned the Federal Aviation Administration (FAA), on 

behalf of Embraer S.A. (Embraer), to extend the time limit of exemption no. 10974 to 

December 31,2016. 

Exemption no. I 0974 provided re lief from the requirements of§§ 25.562(a) at Amendment 

25-64, and 25.785(b) at Amendment 25-88, of Title 14, Code of Federal Regulations 

(14 CFR), and from FAA special conditions no. 25-495-SC, condition 2(e), to provide 

exemption from the lower-leg flail requirements for the forward-most seat position on all 

side-facing seats on Embraer Model EMB-545 and EMB-550 airplanes, serial numbers 1 

through 55; and provided a timeframe within which Embraer must develop a comprehensive 

compliance plan and schedule for subsequent airplanes. 

Your petition to extend the exemption includes the same conditions and reasons relative to 

public interest and safety that were the basis for granting the original exemption. Your 

petition cites the additional administrative time required to process the new special 

conditions identified by the FAA that will apply to the leg-flail airbag, including Federal 

Register publication and disposition of public comments, if any, as the reason for the need to 

extend the exemption. In a separate proprietary document, your company submitted your 

progress on your design to address leg flail, and your anticipated schedule to complete this 

project. 

Federal Register Publication 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register for public comment because the requested amendment to the 
exemption would not set a precedent, and any delay in acting on this petition would be 

detrimental to Embraer Model EMB-545 and EMB-550 airplane fleet operations. 

Our Decision 

Your petition requested an extension " ... to January 2017." As no speci fie date was 

requested, we interpreted this to mean an extension through December 3 1, 2016, to expire 

on January 1, 2017. Your follow-on information in your letter, dated February 1, 2016, 

indicated that an extension through December 31, 2016, would add an additional 33 

airplanes to the applicability of this exemption. 

The FAA acknowledges the progress Embraer has made to this point to develop and test a 

design that limits passenger axial rotation of the upper leg during emergency landing 

conditions. We agree that the special conditions applicable to the leg-flail airbag design are 

not yet published and any certification testing to show compliance to those special 

conditions are at risk. 

2 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701 , which the FAA 

Administrator has delegated to me, Embraer is granted an extension to exemption no. 10974, 

allowing continued relief from the requirements of§§ 25.562(a) and 25.785(b), and from 

FAA special conditions no. 25-495-SC, condition no. 2(e), for the lower leg-flail 

requirements for the forward-most seat position on all side-facing seats on Embraer Model 

EMB-545 and EMB-550 airplanes. This exemption is extended until December 3 1, 2016. 

All other conditions of the original exemption, including the status reporting requirements, 

remain in effect. 

The Effect of Our Decision 

This amendment changes the applicability of exemption no. 10974 from Embraer Model 

EMB-545 and EMB-550 airplanes serial numbers 1 through 55, to all Embraer Model EMB545 and EMB-550 airplanes delivered through December 31 , 20 16. 

All other conditions and limitations of exemption no. 10974 remain the same. This letter 

must be attached to, and is a part of, exemption no. 10974. 

Sincerely, 

~~ 

Michael Kaszycki 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service