U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

DEC 1 5 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. 10974B 

Regulatory Docket No. F AA-20 13-0810 

This Jetter is to inform you that we have again 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- 1836/20 16, dated September 2, 201 6, you petitioned the Federal Aviation 

Administration (FAA), on behalf of Embraer S.A. (Embraer), to once again extend the time 

limit of Exemption No. 10974 to January I, 2019. 

Exemption No. 1 0974A provided relief from the requirements of Title 14, Code of Federal 

Regulations (14CFR) sections 25.562(a) at Amendment 25-64, and 25.785(b) at Amendment 

25-88, 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, through 

December 31 , 2016; and provided a timeframe within which Embraer must develop a 

comprehensive compliance plan and schedule for airplanes delivered after that date. 

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

relative to public interest and safety that were the basis for granting the original exemption 

and extension. Your petition cites the FAA position that the installation of the leg-flail 

prevention device affects the seat configuration such that, for the new seat design to be 

cettified, compliance must be shown to the complete set of Special Conditions No. 25-495-

SC, in addition to the requirements of§§ 25.562 and 25.785, and Special Conditions No. 25-

623-SC, as a reason for the need to again extend the exemption. Your petition also cites that 

another reason for your request is the FAA's recent research regarding anthropomorphic test 

dummy (ATD) submarining on side-facing divans, and any resulting change in requirements 

or acceptable means of compliance for side-facing seat installations. "Submarining" is a 

term that describes the A TD transitioning from a vertical to a horizontal position, and the 
2 

pelvic restraint moving upward and off of the ATD pelvis during a dynamic test. Your 

petition for another amendment to further extend Exemption No. 10974 states that, because 

of these additional compliance demonstrations, Embraer will not be able to certify the sidefacing seat with the leg-flail prevention device prior to the December 31 , 2016, time limit in 

Exemption No. 10974A. Accordingly, your petition requested extending the original 

exemption to January 1, 2019. 

Federal Register Publication 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication for public comment because the exemption, if granted, 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 

The FAA acknowledges the progress Embraer has made at this time in developing and 

testing a design that limits passenger axial rotation of the upper leg during emergencylanding conditions. We agree that Embraer must perform additional tests to certify the new 

seat to all ofthe applicable requirements. However, the FAA is ofthe understanding that 

additional tests should not require two additional years to complete. 

Regarding FAA research on A TD submarining, the FAA notes that the current Special 

Conditions No. 25-495-SC, condition 2(g), states, 

The pelvic restraint must remain on the ES-2re ATD's pelvis during the impact and 

rebound phases of the test. 

This requirement prohibits A TD submarining during testing. The current Embraer design 

does not meet this requirement. 

Although testing and showing compliance is Embraer's responsibility, the FAA conducted 

research that will benefit the public and industry in general, research Embraer may choose to 

use for this type certification project. 

The FAA's research defines a low-energy submarining event that could be found to provide 

an equivalent level of safety to this requirement in the special conditions. We provided the 

results to Embraer, which may relieve Embraer from re-designing the seat system to meet 

the special conditions. Therefore, this research and development of criteria for an 

equivalent-safety finding will assist Embraer in certifying the seat in a timely manner. 

The FAA has also recently developed concerns about the current airbag design compliance 

to Special Conditions No. 25-623-SC, condition 6. This condition states, 

The leg-flail airbag system must not impede rapid egress of occupants from the 

airplane 10 seconds after airbag deployment. 

The FAA therefore notified Embraer, in advance of the certification testing, that Embraer 

must address rapid egress with the deployed leg-flail airbag. Although the applicant is 

responsible for showing compliance to the requirements through testing and analysis, the 

FAA plans to evaluate, through research, the impact of generic leg-flail airbag 

configurations on rapid egress. This research should provide the FAA with the information 

necessary to guide the applicant in developing acceptable airbag configurations. We plan to 

complete this research earl y in 2017. 
We find that the complexity of the remaining issues to be resolved for the Embraer sidefacing seats, to meet Special Conditions No. 25-495-SC, combined with the public interest 

in both the FAA and Embraer completing the necessary analysis and testing, warrant an 

extension of this exemption for one year. 

3 

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 additional 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 31, 2017. 

All other conditions of the original exemption, and amended Exemption No. 10974A, 

including the status-reporting requirements, remain in effect. 

The Effect of Our Decision 

This amendment again changes the applicability of Exemption No. 10974, which was 

modified by amended Exemption No. 1 0974A, from all Embraer Model EMB-545 and EMB 

550 airplanes delivered through December 31 , 2016, to all Embraer Model EMB-545 and 

EMB-550 airplanes delivered through December 31, 2017. 

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, 

{tJ/t%! 

Victor Wicklund 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service