. Robert Wagner Vice President 402 Park Place Drive Hewitt, TX 76643



### P
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- 00001 U.S. Department of Transportation Docket Operations, M
- 30 1200 New Jersey Avenue, S.E. Room W1 2
- 140, We st Bldg. Ground Floor Wa shington, DC 20590
- 0001 

### Subject: Model: FAA Project No.: Reference (s) : Specia l Instructions: This letter submits: Petition for 12 Month Exem ption fro m 25. 571 related to “Normal Flight Envelope” for B irdstrike 737
- 900 ST09645SC
- T N/A N/A

(X) Request for Exemption 

### This letter is sent for: (X) Review and Approval As one of the large antenna installation projects that are currently nearing com pletion , and this 12 mo nth s exem ption being based on previously approved aircraft, Plane Antennas and Security System s Inc (P.A.S.S.) respectfully requests that the public comm ent period be waved. 

### Please contact me if you have further questions: Sincerely, 

## Robert Wagner (812 ) 204
- 4616
Enclosure: Petition for Exem ption fro m 14 CFR25. 571 (e) (1) at Am endm ent 25
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### A. **Name and Address o**  **f the Petitioner** 

Robert Wagner Park Place Dr Hewitt TX 76843 

### B. **Section of the Code of Federal Regulations (CFRs) that are Affected**  As provided f

or in §11.61 (b), Boeing hereby petitions for exem pti o n from the following 14 CFR for the model 737
- 900 : Regulation Amendment Require ment 25. 571 (e) (1) 25
- 132 the airplane is capable of successfully completing a flight following the impact with a 4

- pound bird when the velocity of the airplane relative to the bird along the airplane’s flight path is equal to Vc at sea level or .85Vc at 8,000 feet, whichever is more critical. However, this requirement need not be considered if it can be demonstrated that a bird cannot strike the radome within the normal flight envelope up to the design speeds required by § 25.571(e)(1). 

### C. **The Extent of Reli e**  **f Being Sought** Regulation Requirement Why relief is neces s ary 25.571 (e)(1) . Per the federal regulation 91 , 117(a) aircraft are not to fly beyond 2 50 knots at an altitude below 10,0 00 feet and this project expected to use the “normal flight envelope” enlisting the 250 knot limit. It has recently been clarified by the FAA that the cruise velocity should be used for the normal flight envelope when looking at the potential for bird strike. This clarification takes the radome from a worst case condition where the aircraft would fly with a nose up attitude, thereby shielding the radome from a bird strike, to a 0 degree alpha in which the radome and antenna would be exposed to the bird

. This antenna and radome are scheduled to be completed by the end of May, 2013, and therefore may not have the changes required to satisfy the bird strike The proposed configuration will therefore not co m p ly with the requirement of 14 CFR 25. 571 (e) (1)

. Description o f relief sought: P.A.S.S respectfully requests that the FAA grant a 12 month ex em ption for the bird strike clarification to ensure P.A.S.S has time to design, fabricate and install a net that will secure any large debris from hitting the empennage.Enclosure to P
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### D. **Description of the Issue** 14CFR 25. 571(e)(1) states “ The airplane must be capable of successfully completing a flight during which likely structural damage occurs as a result of

— (1) Impact with a 4

-pound bird when the velocity of the airplane relative to the bird along the airplane's flight path is equal to Vc at sea level or 0.85Vc at 8,000 f eet, whichever is more critical” The original FAA issue paper template stated the following: “ To meet this requirement, the applicant must show that a bird strike of the radome will not result in a catastrophic condition. However, this requirement need not be considered if it can be demonstrated that a bird cannot strike the radome within the normal flight envelope. ” 14 CFR 91.117(a) states “no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 m.p.h.). ” Therefore 250 knots was used to generate a “normal flight envelope” which resulted in a nose up attitude sufficient to ensure the bird could not strike the radome. Recently the FAA became aware of the industry interpretation and notified this applicant of the clarification on the issue paper that require s the “normal flight envelope” c onsider velocities up to Vc. The revised issue paper template now states the following: “ The applicant must show that the airplane is capable of successfully completing a flight following the impact with a 4

-pound bird when the velocity of the airplane relative to the bird along the airplane’s flight path is equal to Vc at sea level or .85Vc at 8,000 feet, whichever is more critical. However, this requirement need not be considered if it can be demonstrated that a bird cannot strike the radome within the normal flight envelope up to the design speeds required by § 25.571(e)(1). The applicant must consider all phases of climb

- out, cruise, descent and approach, from sea level to 8000 ft, at the full range of certified design weights and CG limits. Section 91.117 is not applicable to the bird strike requirement of § 25.571(e)(1), and may not be used as a means of altering the requirement of § 25.571(e)(1). ” At cruise velocity the aircraft will be flying at a zero degree angle of attack and therefore not shield the radome from a bird strike. P.A.S.S. is working diligently to provide design change s to ensure the regulation is met. The notification of this change to the issue paper was provided on March 15 , 2013, 2 month s prior to the scheduled certification date. This may not allow time for the applicant to institute changes to the design that can be instituted prior to the expected certification date. Therefore P.A.S.S. respectfully requests a 12 month extension to allow for this regulation to be met.Enclosure to P
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### E. **Statement of Public Interest** Timely completion of this STC will ensure delivery of a head of state aircraft to the nation of Kuwait and maintain harmonious relations, and have a positive impact on the trade balance with this nation thereby enhancing the social balance, the gross domes tic product, and the economic health of the United States. Granting of this exemption serves the public interest by ensuring continued sales within the United States for this nations aircraft as well as the modifications performed after the initial sale. This serves the publ i c interest by serving economic interest s of the United States in general, and welf are of residents, em

ployment and im

proved tax revenues. 

### F. **Statement of No Adverse Effect on Safety**  The current design will have no adverse effect on safety and is designed to the same standards as previously certified antennas. At the FAA regulated speed of 250 knots, the antenna can not be hit with a bird due to the nose up attitude of the aircraft and will pose no additional risk. The FAA has indicated that aircraft currently certified to the original issue paper, will not currently be subject to an Airworthiness Directive , which supports the applicant position that an no adverse eff

ect on safety exist s .Enclosure to P
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### G. **Summary of Petition** In response to a customer request, P.A.S.S requests a 12 month exemption f rom 14 CFR 25. 571 (e) (1) , Amendment 25
- 132 , for the ability to complete a flight after a bird strike under a “normal flight envelope” that includes Vc at sea level. Itis not envisioned that the aircraft will fly beyond 250 knots below 10,000 feet and will therefore not have any increase in risk from a bird strike. 

## H. **Request for**  **Reduced Public**  **Comment Period**  With the aircraft due for delivery in the near future, and with no increased risk to the public, P.A.S.S respectfully requests that the public comment period be waived. 

## I. **Privileges of**  **this Exemp**  **t ion**  **Outside the**  **United States**  Per § 11. 8 1 (h), Boeing re quests that the privileges of this Exem pti o n be extended outside of the United States. This extension of privil e ges is nec e ssary for operations based within foreign countries having b i lateral agreements with the United States accepting FAA 14 CFR Part 25 as their airworthiness standards fo r tran sport c ategory aircraft. This aircraft is intended for the global market plac e .