**Exemption No. 9670**

**UNITED STATES OF AMERICA**

**DEPARTMENT OF TRANSPORTATION**

**FEDERAL AVIATION ADMINISTRATION**

**RENTON, WASHINGTON 98057-3356**

+-------------------------------------+--------------------------------+
| In the matter of the petition of    | Regulatory Docket No.          |
|                                     | FAA-2008-0217                  |
| **Future Jet Aerodesign, LLC**      |                                |
|                                     |                                |
| for an exemption from § 25.813(e),  |                                |
| of Title 14, Code of Federal        |                                |
| Regulations                         |                                |
+-------------------------------------+--------------------------------+

**GRANT OF EXEMPTION**

By e-mail dated February 20, 2008, Mr. Leonard G. Olson, Managing
Designated Engineering Representative, Future Jet Aerodesign, LLC, 36549
State Highway 64, Wills Point, Texas 75169, petitioned for exemption
from the requirements of § 25.813(e) of Title 14, Code of Federal
Regulations (14 CFR). The petitioner has requested the exemption in
order to permit installation of interior doors between passenger
compartments on a Lockheed Model L1011-385-3 airplane, serial number
293A-1249, which would be designated as private use, not-for-hire,
not-for-common-carriage.

**The petitioner requests relief from the following regulation:**

> **Section 25.813(e), Amendment 25-32**, which prohibits installation
> of doors between passenger compartments.

**The petitioner supports its request with the following
information:**[^1]

The part 25 regulations govern design certification of transport
category airplanes.

Their primary intent is to protect the traveling public. There is a
requirement in the public interest and in the interest of safety to
provide regulatory guidelines for certification. It is clear these
regulations are intended to regulate certification of "commercial"
airplanes, which are "for hire" to the general public. A few of these
regulations are not appropriate for private use airplanes. These
airplanes are operated under 14 CFR parts 91 and/or 125 as private use,
not-for-hire, not-for-common-carriage. The FAA recognizes these
differences, as evidenced by the issuance of many exemptions for private
use airplanes.

Future Jet Aerodesign, LLC, is currently working on a VIP interior
installation for this airplane. The seating configuration has 34 takeoff
and landing passenger seats. The certified maximum passenger seating
capacity for the airplane is 315.

There is one pocket sliding door installed between passenger
compartments. The door is installed in the aft lounge (STA 1580). There
is a "double swing" type door installed in the "massage room" (STA 853
to 905). The doors have dual latches and flight deck annunciation, and
they are designed to be frangible in the event that they become stuck in
the closed position. Each of the two latches of each door is capable of
restraining the door in the open position under § 25.561 loading
conditions.

**Public Interest**

Future Jet Aerodesign, LLC, states that granting its petition would be
in the public interest because---

-   "Given the proliferation of executive configured transport category
    airplanes currently taking place, and anticipated in the near
    future, this type of exemption will enable US manufacturers of
    transport category airplanes greater flexibility to effectively
    compete in this expanding market.

-   "Additional sales of US manufactured airplanes outside of the
    traditional airline market, and completion of many of them at US
    owned and operated aircraft completion centers, will serve to
    increase the profitability of these manufacturers and their
    supplying/supporting companies.

-   "Stability and improved financial performance of these US companies
    gives greater job stability to the workers employed by the
    companies, causing a stabilizing influence to the greater US
    economy, due to the consumer spending activities associated with
    stable workers.

-   "Improved financial performance of US owned and operated
    corporations, and increased workforce stability, translates into
    continued and improved local, state, and federal tax revenues, which
    in turn adds to the stability of the total US economy.

-   "Improved financial performance allows US corporations to continue
    to invest in research and development allowing the US to maintain or
    improve its competitive position in the world economy.

-   "A large number of these types of airplanes will probably be sold to
    "offshore" clients, improving the US balance of trade.

-   "There is no degradation of safety involved with this request and
    therefore no detrimental impact to the public at large."

**Federal Register Publication**

The FAA has determined that good cause exists for waiving the
requirement for [Federal]{.underline} [Register]{.underline} publication
and comment because the exemption, if granted, would not set a precedent
and any delay in acting on this petition would be detrimental to Future
Jet Aerodesign, LLC.

**The FAA's analysis/summary is as follows:**

> As more and more transport category airplanes have been configured (or
> re-configured) for private use, the FAA has given considerable
> attention to the issue of appropriate regulation of such airplanes.
> Some of the current regulations governing design certification of
> transport category airplanes are not compatible with private use of
> such airplanes. Because of this, we have received a number of
> petitions for exemption from certain regulations. We have granted such
> exemptions when we find that to do so is in the public interest and
> does not adversely affect the level of safety provided by the
> regulations. We recently published a notice of proposed rulemaking,
> Notice No. 07-13, Special Requirements for Private Use Transport
> Category Airplanes (72 FR 38732, July 13, 2007), which, if
> promulgated, would obviate the need for case-by-case review of
> individual petitions for exemption for private use airplanes.
>
> The FAA considers the petitioner's proposal to be in the public
> interest. The use of doors to create separate "rooms" within the
> passenger cabin allows sensitive and important meetings to be
> conducted during air travel. Such rooms allow efficient and safe
> carriage of executives in an environment that would not be possible
> otherwise. In addition, the smaller number of passengers and the
> familiarity of the flight and cabin crews with this airplane and its
> interior ensures that there is an adequate level of safety. For these
> reasons, there is considerable demand for this configuration of the
> passenger cabin for private use airplanes. The FAA acknowledges the
> desirability of these features from the operator's point of view.
>
> When the regulations pertaining to interior doors were adopted, they
> did not necessarily consider rooms. They considered two possible types
> of interior doors in a passenger compartment. The first is an interior
> door between passenger compartments. The second is an interior door
> between the passenger compartment and an exit.
>
> Until recently, only the first type of door (between passenger
> compartments) was prohibited (reference § 25.813(e)). However, part
> 25, as amended by Amendment 25-116, now also prohibits interior doors
> between an exit and the passenger compartment. In addition, Amendment
> 121-306 prohibits these doors in airplanes operated under 14 CFR part
> 121 that were manufactured after November 27, 2006. Amendments 25-116
> and 121-306, titled "Miscellaneous Cabin Safety Changes," were
> published in the [Federal Register]{.underline} on October 27, 2004
> (69 FR 62778).
>
> []{.mark}
>
> In airplanes configured for private use, there are four different
> categories of doors in the passenger cabins. For all four categories,
> the room may be occupied during takeoff and landing.
>
> **Category 1** --- A door in a room that is less than the full width
> of the airplane. There will be an aisle on the outside of the room.
> Only the occupants of the room must use the door to reach an exit.
>
> **Category 2** --- A door in a room less than the full width of the
> airplane and the same as a Category 1 door except there is a single
> emergency exit or pair of emergency exits within the room.
>
> **Category 3** --- A door or doors in a room that is the full width of
> the airplane. There are passengers seated on both sides of the door(s)
> and the main aisle leads out of or passes through the room. The room
> does not have any emergency exits.
>
> **Category 4** --- A door in a room the full width of the airplane and
> the same as a Category 3 door except there is a pair of emergency
> exits at one end of the room.
>
> Because not all interior doors between passenger compartments are
> equivalent, the FAA has determined that the following requirements
> will produce an adequate level of safety:
>
> 1\. In order to maintain an acceptable level of safety, doors in
> Categories 2, 3, or 4 installed across the main cabin aisle must open
> and close in a transverse direction. The direction of motion of the
> door must be at a right angle to the longitudinal axis of the
> airplane. This will tend to minimize the chance that the inertia
> forces of an accident could force the door closed. A "pocket door" is
> one example of such a design.
>
> 2\. Redundant means are necessary to latch doors open for takeoff and
> landing. Each latching means must be capable of retaining the door in
> the takeoff and landing position under the inertia forces of § 25.561.
>
> 3\. Each interior door must be frangible, in case it is jammed in the
> closed position in flight or during taxi, takeoff, or landing.
> Frangibility is intended to ensure that if a door is jammed closed,
> occupants can break it open and escape in either direction and
> emergency equipment can be moved. Frangibility may be demonstrated in
> either of the following ways:

-   A 5^th^ percentile female can break through the door, creating a
    large enough opening that a 95^th^ percentile (or larger) male can
    pass through. (See Advisory Circular 25‑17, "Transport Airplane
    Cabin Interiors Crashworthiness Handbook," paragraph 43b(2)).

-   A 5^th^ percentile female can break a hinge on the door or a hinge
    on a smaller door within the door so that the door can swing enough
    to allow a 95^th^ (or larger) percentile male to pass through the
    opening with the door swung open. This evaluation must be made with
    any cabin furnishing or equipment that could limit the swing arc of
    the door installed and then placed in the most adverse position. In
    using this approach, one must consider the possibility that the door
    is physically jammed in the closed position by distortion of the
    fuselage or furnishings. This possibility must be considered even if
    the door normally translates into the open and closed positions.

> 4\. Doors, which fall into Category 1, must be in the open position
> during taxi, takeoff, and landing only when the room is occupied**.**
>
> 5\. Doors, which fall into Categories 2, 3, or 4 must be in the open
> position during taxi, takeoff, and landing, regardless of occupancy.
>
> 6\. The FAA has determined that a higher level of awareness is
> required to ensure that no door remains closed when it should not be.
> Because the cabin interior is relatively complex, inspection by flight
> attendants before takeoff and landing is not sufficient to verify that
> interior doors are in the proper position. Some type of remote
> indication is considered necessary. The petitioner's proposal to
> provide remote indication to the flightcrew is considered adequate.
>
> The petitioner, in its public interest statement, maintains that there
> would be no degradation of safety. While this grant of exemption
> cannot be said to provide the same level of safety as would be
> afforded by strict compliance with the regulations, the resultant
> level of safety is consistent with that in other private use
> airplanes. The level of safety that results from this exemption is
> specifically requested and desired by that segment of the public that
> will fly on these airplanes---the owners. The FAA considers that
> granting the petition is in the public interest for the reasons stated
> by the petitioner.
>
> After considerable deliberation, the FAA has concluded that
> installation of interior doors, with certain limitations, can be
> accepted. In order to maximize the level of safety, we will require
> that certain limitations, including some proposed by the petitioner,
> be made mandatory to permit such installations. As noted previously,
> there are precedents for this decision involving other private use
> airplanes.

**The FAA's Decision**

In consideration of the foregoing, I find that a grant of exemption is
in the public interest and will not adversely affect the level of safety
provided by the regulations. Therefore, pursuant to the authority
contained in 49 U.S.C. 40113 and 44701, delegated to me by the
Administrator, Future Jet Aerodesign, LLC, is granted an exemption from
the requirements of 14 CFR § 25.813(e) to allow installation of interior
doors between passenger compartments on a Lockheed Model L1011-385-3
airplane, serial number 293A-1249. This exemption is subject to the
following conditions. Provisions 1 and 3-5 must be documented as
operating limitations in the Limitations section of the Airplane Flight
Manual.

> 1\. The airplane must not be operated for hire or offered for common
> carriage. This provision does not preclude the operator from receiving
> remuneration to the extent consistent with 14 CFR parts 125 and 91,
> subpart F, as applicable.
>
> 2\. Each door between passenger compartments must be frangible.
>
> 3\. Doors that fall into Category 1 must be in the open position
> during taxi, takeoff, and landing only when the room is occupied or
> when passengers must pass through the room to reach an emergency exit.
>
> 4\. Doors that fall into Categories 2, 3, or 4 must be in the open
> position during taxi, takeoff and landing, regardless of occupancy.
>
> 5\. Each door between passenger compartments must have a means to
> signal to the flightcrew when the door is closed. Appropriate
> procedures/limitations must be established to ensure that takeoff and
> landing is prohibited when such compartments are occupied and the door
> is closed.
>
> 6\. Doors between passenger compartments must have dual means to
> retain them in the open position, each of which means must be capable
> of withstanding the inertia loads specified in § 25.561.
>
> 7\. Doors in Categories 2, 3, or 4 which are installed across a
> longitudinal aisle must translate laterally to open and close.

Issued in Renton Washington, on March 20, 2008.

/s/

Dionne Palermo

Acting Manager

Transport Airplane Directorate

Aircraft Certification Service

[^1]: The complete petition submitted by Future Jet Aerodesign, LLC, is
    available in the Federal Docket Management System on the Internet at
    [http://regulations.gov](http://regulations.gov/) The docket number
    is FAA-2008-0217.