March 14, 2008

Exemption No. 9666

Regulatory Docket No. FAA-2008-0251

Mr. Robert Trimble

Senior Engineer, Certification and Testing

Weber Aircraft LP

2000 Weber Drive

Gainesville, Texas 76240-9699

Dear Mr. Trimble:

This letter is to inform you that we have granted your request for
exemption. It transmits our decision, explains its basis, and gives you
the conditions and limitations of the exemption, including the date it
ends.

**The Basis for Our Decision**

By letter dated February 26, 2008, you petitioned the Federal Aviation
Administration (FAA) on behalf of Weber Aircraft LP (Weber) for an
exemption from § 21.601(b)(2) of Title 14, Code of Federal Regulations
(14 CFR).

The petitioner requests relief from the provisions of the definition of
a Technical Standard Order Authorization (TSOA) in § 21.601(b)(2). That
section states that "a TSO authorization is an FAA design and production
approval issued to the manufacturer of an article which has been found
to meet a specific TSO." Although the petitioner has requested relief
from the provisions of § 21.601(b)(2), the FAA considers it
inappropriate to grant an exemption from a definition specified in that
section. The definitions contained in that section impose no operational
requirements on the petitioner. To obtain the relief requested, Weber
would require relief from the provisions of §§ 21.603(a) and 21.607(a)
and (b) that would allow

Weber to identify the following:

1)  Seat cushions manufactured using Simalfa 309 with a TSO marking as
    meeting TSO-C72c, Individual Flotation Devices, without those seat
    cushions meeting the requirements specified in paragraph 7.0.3. of
    Appendix 1 of that TSO. Paragraph 7.0.3. states "materials used in
    flotation devices that are to be used as part of a transport
    category aircraft seat or berth must comply with the
    self-extinguishing fire protection provisions of § 25.853(b) of FAR
    Part 25" (currently § 25.853(a) and part I of Appendix F to part
    25).

2)  Seats with seat cushions manufactured using Simalfa 309 with a TSO
    marking as meeting TSO-C39b, Aircraft Seats and Berths, without the
    seat cushions meeting the requirements specified in paragraph
    a.(2)(ii). Paragraph a.(2)(ii) states "materials in Type I seats
    must comply with the fire protection provisions of FAR Section
    25.853."

3)  Seats with seat cushions manufactured using Simalfa 309 with a TSO
    marking as meeting TSO-C39c, 9g Transport Airplane Seats Certified
    by Static Testing, and TSO-C127 and TSO-C127a, Rotorcraft, Transport
    Airplane, and Normal and Utility Airplane Seating Systems without
    the seat cushions meeting the requirements specified in Society of
    Automotive Engineers, Inc. (SAE) Aerospace Standard (AS) 8049
    revision A, Performance Standard for Seats in Civil Rotorcraft,
    Transport Aircraft, and General Aviation Aircraft, paragraph 3.4.1.
    Paragraph 3.4.1 states "The cushion system, covering and upholstery
    and all other exposed material used in the seat shall have
    self-extinguishing properties as specified in the applicable Federal
    Regulations."

4)  Seats with seat cushions manufactured using Simalfa 309 with a TSO
    marking as meeting TSO-C127 Rotorcraft, Transport Airplane, And
    Normal And Utility Airplane Seating Systems without the seat
    cushions meeting the requirements specified in Society of Automotive
    Engineers, Inc. (SAE) Aerospace Standard (AS) 8049, Performance
    Standard for Seats in Civil Rotorcraft, Transport Aircraft, and
    General Aviation Aircraft, paragraph 3.4.1. Paragraph 3.4.1 states
    "The cushion system, covering and upholstery and all other exposed
    material used in the seat shall have self-extinguishing properties
    as specified in the applicable Federal Regulations."

The FAA has determined that good cause exists for not publishing a
summary of the petition in the [Federal Register]{.underline} because
the requested exemption would not set a precedent, and any delay in
acting on this petition would be detrimental to Weber.

The FAA has issued a grant of exemption in circumstances similar in all
material respects to those presented in your petition. In Grant of
Exemption No. 9654 (copy enclosed), the FAA found that "a grant of
exemption to §§ 21.603(a) and 21.607(a) and (b) is in the public
interest and will provide an acceptable level of safety. Our decision is
based, in part, on the rationale used in that grant of exemption. That
exemption relieves the petitioner from the vertical burn test
requirements of § 25.853(a) for the aircraft seat cushions it produces
with the water-based adhesive Simalfa 309."

Having reviewed your reasons for requesting an exemption, I find that---

-   they don't differ materially from those presented by the petitioners
    in the enclosed grants of exemption;

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-   the reasons stated by the FAA for granting the enclosed exemption
    also apply to the situation you present; and

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-   a grant of exemption is in the public interest.

**Our Decision**

Under the authority contained in 49 U.S.C. 40113 and 44701, which the
FAA Administrator has delegated to me, I hereby grant Weber Aircraft LP
an exemption from 14 CFR §§ 21.603(a) and 21.607(a) and (b) to the
extent necessary to permit Weber to identify the following:

1)  Seat cushions manufactured using Simalfa 309 as meeting TSO-C72c,
    Individual Flotation Devices, without those articles meeting the
    vertical burn test required by paragraph 7.0.3. of Appendix 1 of
    that TSO;

2)  Seats with seat cushions manufactured using Simalfa 309 as meeting
    TSO-C39b, Aircraft Seats and Berths, without those articles meeting
    the requirements specified in paragraph a.(2)(ii) of the TSO;

3)  Seats with seat cushions manufactured using Simalfa 309 as meeting
    TSO-C39c, 9g Transport Airplane Seats Certified By Static Testing,
    and TSO-C127a, Rotorcraft, Transport Airplane, and Normal and
    Utility Airplane Seating Systems without those articles meeting the
    vertical burn test required by SAE AS 8049 revision A, Performance
    Standard for Seats in Civil Rotorcraft, Transport Aircraft, and
    General Aviation Aircraft, paragraph 3.4.1.; and

4)  Seats with seat cushions manufactured using Simalfa 309 as meeting
    TSO-C127 Rotorcraft, Transport Airplane, and Normal and Utility
    Airplane Seating Systems without those articles meeting the vertical
    burn test required by SAE AS 8049, Performance Standard for Seats in
    Civil Rotorcraft, Transport Aircraft, and General Aviation Aircraft,
    paragraph 3.4.1., subject to the conditions and limitations
    described below.

**Conditions and Limitations**

1)  Each seat and seat cushion that is marked under the provisions of
    this exemption must be shipped with documentation clearly stating
    that the requirement for completion of a successful vertical burn
    test in accordance with TSO-C39b, TSO-C39c, TSO-C72c, TSO-C127 or
    TSO-C127a, as applicable, was not met.

2)  Weber may ship one set of documentation for all articles comprising
    one shipset.

3)  A copy of this exemption must be included with the documentation.

This exemption terminates on March 30, 2010, unless sooner superseded or
rescinded.

Sincerely,

/s/ Dorenda D. Baker

Deputy Director, Aircraft Certification

Service

Enclosure