JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 1 of 26 June 11, 2010

Mr. Jayson Claar, Airframe and Cabin Safety Branch, ANM-115 Transport Airplane Directorate,

Aircraft Certification Service,

Federal Aviation Administration,

1601 Lind Ave. SW Renton, Washington 98005-4056

cc: Mr. Ezra Sasson, Project Engineer ANE-170, Special Certification Office

SUBJECT: Petition for Exemption fr om 14 CFR §25.601, Amendment 25-0 for the Forward Lower Deck Alternating Tread Stairway and Main Deck to Upper Deck Curved Segmented Stairway.

Re: Boeing 747-400, s/n 28343, HZ-HMI – Saudi Arabia Head of State Aircraft, VIP Configuration

Ref: FAA Project no. ST5653NY-T

BACKGROUND

Boeing 747-468, S/N 28343 is to be modified for use as a VIP airplane. The Boeing Model 747- 468 airplane is FAA approved under Type Certif icate A20WE as a large Transport Category airplane that is limited to 660 passengers or le ss, depending on the interior configuration. The VIP interior configuration proposed for STC cer tification includes taxi, takeoff, and landing seating provisions for 72 passengers.

Forward Lower Deck Alternating Tread Stair:

The forward lower cargo compartment is type a pproved as Class C. This compartment will be modified by removing the type approved cargo compartment container positioning system, cargo liner, smoke detection system and fire su ppression system and installing a passenger rest interior as shown below that is occupiable onl y during flight. The rest area will include a smoke detection system.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 2 of 26 Figure 1 Forward Lower Lobe Passenger Rest Compartment

Jet Aviation Engineering Services (JAES) pro poses to use the entire forward lower lobe compartment as an in-flight accessible passeng er rest compartment. The compartment is approximately 69 inches high after installation of the flooring and ceiling panels. The proposed configuration includes in-flight only seatin g for up to 18 occupants including a trained crewmember. The proposed in-flight only be rthing capability will accommodate up to 11 occupants. The forward lower lobe passenger rest compartment will consist of five side-facing

divans that convert to bunk beds. The divans face inboard. Each divan will be capable of seating three occupants or berthing two occupant s when in bed configuration. The divans are separated by bulkheads forward and aft and a curt ain on the inboard side. A VIP sleeping room with a bed, chair and lavatory is located on the fo rward port side of the compartment. A pocket door separates the quarters from the rest of the co mpartment. A galley is located in the forward starboard side of the compartment. A second lavato ry, coat storage, and flight attendant seat are also located in the compartment.

For access to the forward lower lobe passenger re st compartment, JAES proposes to install an alternating tread stairway for the forward end of this compartment area and a secondary overhead

hatch at the aft end as shown in the above interior configuration. The alternating tread stairway will have a bi-fold door at the top main de ck level that will remain open whenever the compartment is occupied. The aft secondary access hatch door includes a ladder and opens into

the main deck Medical Rom. Forward Secondary Ceiling

Hatch

Cargo Door

Stairway UpJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 3 of 26 The stairway accessing the forward lower lobe passenger compartment will have an alternating tread design due to the angle of the stai rway and space limitations as shown below.

Figure 2 Forward Lower Lobe Passenger Rest Compartment Primary Access Forward

View Looking Starboard View Looking Forward Port

View Looking Down StorageJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 4 of 26 The secondary access will be provided through a ha tch installed in the main deck medical room floor near FS 880 as shown below. A telescopic ladder will be attached to provide access to

climb between the main deck and the forward lo wer deck passenger compartment. The design

features of the hatch are the same as hatche s providing access to the forward Class C Cargo Compartment on a Boeing 767-300 Series Airpla ne under Special Conditi on 25-286-SC that was part of the VIP interior approval under STC ST10373SC.

Figure 3 Forward Lower Lobe Passenger Rest Compartment Secondary AccessJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 5 of 26 Figure 4

Main Deck Hatch Location for Forward Lower Lobe Passenger Rest Compartment Secondary Access

The forward lower lobe passenger rest compartment will be constructed of materials meeting the flammability standards (Appendix F, Parts I & II) for the cabin interior and will include smoke

detectors.

Access to the forward lower lobe passenger rest compartment would be limited to a maximum 17 passengers plus one trained crewmember. The ma in deck stair doorway will be closed during taxi, takeoff and landing and will remain ope n when the forward lower lobe passenger compartment is occupied. Access would be allowe d during flight but not during taxi, takeoff and landing nor during a fire. Ordinance signs will be installed to inform passengers when to fasten seat belts during turbulence and when to leave the forward lower lobe passenger rest compartment and return to the main deck or upper deck seats.

Power outlets (110VAC) will be installed in the lo wer lobe compartment bay. These outlets will be powered only while the aircraft is parked or in flight and will be disabl ed during taxi, take-off and landing.

As part of the safety enhancement necessary to allow occupancy of the forward lower lobe passenger rest compartment, a trained crewmemb er must be in the compartment any time it is occupied. Further, JAES proposes the installation of warning and emergency equipment, as defined for a lower lobe service compartment in Title 14 Code of Federa l Regulations (14 CFR)

25.819. ForwardJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 6 of 26 Speakers, warning lights, and buzzers will be insta lled in the forward lower lobe compartment to warn occupants of turbulent conditions, the presen ce of smoke or fire, or the need to leave the area. A crew interphone will be provided for communi cations with the flight deck. In addition, emergency supplemental oxygen complying w ith § 25.1447(c)(1), Amendment 25-41, will be provided to all occupants and galley and lavatory areas in case of decompression. Fire extinguishers and smoke hoods will also be inst alled in the compartment. Illuminated emergency exit signs and electric fl oor path lighting will be installed to direct passengers to the forward stairway as the primary egress path and to the aft overhead hatch as the secondary egress path.

Upper Deck Occupancy and Main Deck to Upper Deck Curved Segmented Stairway:

As part of head of state VIP interior installation in Boeing 747-468 serial number 28343, JAES will install a curved segmented stairway between the main and upper decks (see Figures. 5 and 6) to allow movement of passengers between deck s. This will replace the straight segmented stairway between the upper and main decks (see Fig. 5) that is part of the aircraft type design. The new stairway is at the forward end of the upper deck and descends aft to the main deck.

The upper deck seating in this aircraft for taxi, takeoff, landing and ground operations is limited to a single flight attendant. Passenger access to the upper deck during cruise is permitted. Stairs between two decks of an airplane are not addresse d by 14 CFR Part 25. The stairway needs to be able to support movement and to ensure safe pass age of the occupants to egress from the upper deck to the main deck during moderate turbulence and in-flight emergency.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 7 of 26 Figure 5 B747-468 Upper Deck Floor Plan Layout Before and After Modification for Taxi, Takeoff, Landing, and Ground Operations Starboard

Fwd

A C C C

C C C

Flight Attendant Seat (1)

Crew Seat (6) A

CJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 8 of 26 Figure 6 Curved Segmented Stairway Assembly (Varied Views) DescendingJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 9 of 26 Figure 7 Curved Segmented Stairway Assembly ( Isometric View, Looking Fwd. & Left)JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 10 of 26 The FAA had issued Special Conditions to address additional safety standards for this type of stairway installation. These Special Conditions are necessary to ensure a level of safety equivalent to that provided by Part 25 of 14 CFR. These Special Conditions applicable to this type of stairway installation are as follows:

1. Special Conditions No. 25-61-NW-1 effec tive February 7, 1975 for passenger occupancy not to exceed 32 passengers on the upper deck B- 747 Airplanes with spiral staircase was issued to The Boeing Commercial Airplane Company

2. Special Conditions No. 25-71-NW-3 effe ctive August 27, 1976 was issued to The Boeing Commercial Airplane Company for the type ce rtification of the Boeing Model 747 series airplane equipped with an upper deck capacity of 45 and a straight segmented stairway between passenger decks.

3. Modification of Special Conditions No. 25- 71-NW-3 to address airplanes with a maximum seating capacity of 110 passengers on the upper deck with a straight segmented stairway.

4. Special Conditions 25-326-SC/Airbus A380 -800 to address Stairways Between Decks

DISCUSSION

14CFR Part 25 of the Federal Aviation Regulations governs design certification of Transport Category aircraft. The primary intent of thes e regulations, as written, ar e to be certain that Aircraft Manufacturers provide for the appropriate design features in their respective aircraft to meet the standards necessary to protect the trav eling public. Clearly, there is a requirement “in the public interest” and in the interest of safety to provide regulatory guidelines for certification. However, it is also very clear these regulations are intended to regulate the certification of “commercial” aircraft, which are ‘for hire’ to the general public.

While the greatest majority of these regulati ons represent a common sense inclusion for any aircraft regardless of its intended use, a few are o bviously intended to regulate situations that are specific to an airline, or for hire operation. Wh en a Transport Category aircraft is operated under

CFR Part 91 and 91.501 and/or CFR Part 125, some of the 14 CFR 25 rules have acceptance criteria that are inappropriate, or are not compa tible with this type of operation and the intended

use of the aircraft.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 11 of 26 Transport Category Aircraft intended for Private use, whether originally designed for private use or public, revenue-type operations and then u tilized under CFR Part 91 or CFR Part 125, are used for personal (corporate) non-revenue opera tions, which represent significant operational differences from the typical revenue operation. The differences represented in these private operations can best be described as follows:

1. Operation is limited to the private use of an individual(s), Corporation, or Government and does not include public - for hire - operations.

2. Passenger capacity of the aircraft is signifi cantly less than an equivalent aircraft in commercial operations. Typically, the capacity is less than 30% of that found in an airline configuration.

3. Flight and Cabin Crews are typically highl y trained, and far more familiar with the individual aircraft they are operating, since it is normally the primary aircraft on which they perform their duties.

4. Security is extremely high in terms of access to the aircraft while on the ground and with respect to individuals boarding the aircraft.

5. Passengers on these aircraft are typically repeat passengers and represent corporate employees or individual owners and family members. As a result, the passengers are far more familiar with the layout of the indivi dual aircraft and the associated emergency equipment and exits.

6. Custom interior layouts, furnishings, fixtures , furniture, cabinets, galleys, etc. are more representative of ‘Board Room’ type furnishings , than airline style interiors. Seat Pitch and Aisle Widths are typically substantiall y more spacious than an airline interior.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 12 of 26 PETITION

We respectfully request the FAA to issue an Exemption for the subject aircraft to 14 CFR §25.601, Amendment 25-0 for the Forward Lower Deck Alternating Tread Stairway and Main Deck to Upper Deck Curved Segmented Stairw ay. The reason for this exemption is for the aircraft configuration that is described on th e previous pages that includes 1) passenger occupation of the lower lobe during flight; 2) passenger occupation of the upper deck during flight, and 3) taxi, takeoff, a nd landing occupation of a single f light attendant on the upper deck.

This Petition is required due to the Kingdom of Saudi Arabia having determined these exemptions are necessary for the mission requireme nts for their head of state air transportation.. The aircraft is being modified at the Jet Aviation facility in Basel, Switzerland.. Therefore, there is a need to exercise this exemp tion outside of the United States.

BASIS FOR EXEMPTION

The aircraft that is the subject of this petition is a 747-400 aircraft. The aircraft is currently at the modification facility, Jet Aviation in Basel, Swit zerland. It is a privately owned aircraft being modified with a head of state type interior.

In addition, Jet Aviation proposes the following c onditions as part of the type design of the Forward Lower Deck Alternating Tread Stairway and the Main Deck to Upper Deck Curved Segmented Stairway:

Forward Lower Deck Alternating Tread Stair :

1. All requirements except paragraph (f) of §25.819 must be met. For §25.819(f), the requirement of forward or aft facing seati ng, is omitted because the compartment will not be occupied during taxi, take-off and landing operations.

2. The airplane is not operated for hire or offered for common carriage. This provision does not preclude the operator from receiving remu neration to the extent consistent with 14 CFR parts 125 and 91, subpart F, as applicable.

3. Occupancy of the forward lower lobe passenger rest compartment is limited to a maximum 17 passengers plus one trained crewme mber. There must be 18 seats or berths in the forward lower lobe passenger rest compartment. Each approved seat and berth

must be able to withstand the maxi mum flight loads when occupied.

4. There must be appropriate placard(s) displayed in a conspicuous place at each entrance to the forward lower lobe passenger rest compartment to indicate:

(a) The maximum number of occupants allo wed is 17 plus one trained crewmember;JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 13 of 26 (b) That occupancy must include at least one crewmember who has been trained in the evacuation procedures for the forward lowe r lobe passenger rest compartment;

(c) That occupancy is prohibited during taxi, take-off and landing;

(d) That smoking is prohibited in the forwar d lower lobe passenger rest compartment;

(e) That hazardous quantities of flammable fluids, explosives, or other dangerous cargo are prohibited from the forward lower lobe passenger rest compartment;

(f) That stowage in the forward lower lobe passenger rest compartment must be limited to emergency equipment, airplane-supplied equipment (e.g., bedding), galley service items, lavatory amenities and small personal items; cargo or passenger baggage is not allowed.

5. There must be at least one ashtray located c onspicuously on or near the entry side of any entrance to the forward lower lobe passenger rest compartment.

6. There must be a means to prevent passengers from entering the compartment in the event of an emergency or when no trai ned crewmember is present.

7. The main deck stair doorway must be closed and locked during taxi, take-off and landing and must remain open when the forward lower lobe passenger compartment is occupied. When the main deck stair doorway is open, th e stairs must be adequately illuminated to provide situational awareness for the occupants.

8. For all doors installed in the evacuation routes , there must be a means to preclude anyone from being trapped inside the compartment. If a locking mechanism is installed, it must be capable of being unlocked from the outside without the aid of special tools. The lock must not prevent opening from the inside of the compartment at any time.

9. There must be at least two emergency evacua tion routes, each of which can be used by each occupant of the forward lower lobe passenger rest compartment to rapidly evacuate

to the main cabin. The exit door/hatch for each route must be able to be closed from the

main cabin after evacuation. In addition--

(a) The routes must be located with one at each end of the compartment.

(b) The routes must be designed to mini mize the possibility of blockage, which might

result from fire, mechanical or structural failure, or persons standing on top of or against the escape route. If an evacua tion route utilizes an area where normal movement of passengers occurs, it must be demonstrated that passengers would not impede egress to the main deck. At th e point at which the evacuation route

terminates from the aft overhead ha tch into the Medical Room, special

consideration must ensure that the hatch or door can be opened when a person, theJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 14 of 26 weight of a ninety-fifth percentile male, is standing on the hatch or door. The use of evacuation routes must not be dependent on any powered device. If there is low

headroom at or near an evacuation route, provisions must be made to prevent or to protect occupants (of the forward lower l obe passenger rest compartment) from head injury.

(c) Emergency evacuation procedures, including the emergency evacuation of an incapacitated occupant from the forward lower lobe passenger rest compartment, must be established. All of these procedur es must be transmitted to the airplane operator for incorporation into their traini ng programs and appropriate operational

manuals.

(d) There must be a limitation in the Airp lane Flight Manual or other suitable means requiring that crewmembers be trained in the use of evacuation routes.

10. There must be a means for the evacuation of an incapacitated person (representative of a 95th percentile male) from the forward lower lobe passenger rest compartment to the passenger cabin floor. The evacuation must be demonstrated for all evacuation routes. A flight attendant or other crewmember (a tota l of one assistant within the forward lower lobe passenger rest compartment) may provide assistance in the evacuation. Additional assistance may be provided by up to three pe rsons in the main passenger compartment. For evacuation routes having stairways, the additional assistants may descend down to one half the elevation change from the main deck to the lower deck compartment, or to the first landing, whichever is higher.

11. The following signs and placards must be pr ovided in the forward lower lobe passenger

rest compartment:

(a) At least one exit sign, located near each exit, meeting the requirements of §25.812(b)(1)(i) at Amendment 25-58, excep t that a sign with reduced background

area of no less than 5.3 square inches (excluding the letters) may be utilized, provided that it is installed such that the material surrounding the exit sign is light in color (e.g., white, cream, light beige). If the material surrounding the exit sign is not light in color, a sign with a minimum of a one-inch wide background border around the letters would also be acceptable;

(b) An appropriate placard located near each exit defining the location and the operating instructions for each evacuation route;

(c) Placards must be readable from a distance of 30 inches under emergency lighting

conditions; and

(d) The exit handles and evacuation path operating instruction placards must be illuminated to at least 160 micro lamberts under emergency lighting conditions.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 15 of 26 (e) A visual means must be provided in the cockpit to advise the flight crew when the forward lower lobe access door is open. This is to ensure the flight crew is aware of that situation and can take appropriate action to evacuate the proposed forward lower lobe passenger compartment. This means must be active when the flaps are not retracted or the landing gear is deployed.

(f) There must be an “on/off” visual a dvisory/warning stating “No Entry” (or similar words) to be located outside and near the entrance door from the main deck to the proposed forward lower lobe passenger compartment. The advisory warning must be controlled from the flight deck. This is to prevent someone entering the proposed forward lower lobe passenger compartment when it is not supposed to be occupied.

(g) There must be both visible and audibl e advisory/warning means in the forward lower lobe passenger compartment to notif y the occupants that they must exit the forward lower lobe passenger compartment. The visible and audible warning must be visible and audible from any part of the forward lower lobe passenger compartment. The visible and audible advisory/warning must be controlled from the flight deck.

12. There must be a means in the event of failure of the aircraft's main power system, or of the normal forward lower lobe passenger rest compartment lighting system, for emergency illumination to be automatically provided for the forward lower lobe

passenger rest compartment.

(a) This emergency illumination must be i ndependent of the main lighting system.

(b) The sources of general cabin illumina tion may be common to both the emergency and the main lighting systems if the power supply to the emergency lighting system is independent of the power supply to the main lighting system.

(c) The illumination level must be sufficient for the occupants of the forward lower lobe passenger rest compartment to locate and transfer to the main passenger cabin floor by means of each evacuation route. This illumination level must be provided for sufficient time for all occupants to evacuate the compartment under worst case

conditions.

(d) The illumination level must be sufficient with the privacy curtains in the closed position for each occupant of the forward lo wer lobe passenger rest compartment to locate a deployed oxygen mask.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 16 of 26 13. There must be means for two-way voice communications between crewmembers on the flightdeck and occupants of the forward lowe r lobe passenger rest compartment. There must also be public address (PA) system microphones at each flight attendant seat required to be near a floor level exit in the passenger cabin per §25.785(h) at Amendment 25-51. The PA system must allow two-wa y voice communications between flight attendants and the occupants of the forward lower lobe passenger rest compartment, except that one microphone may serve more than one exit provided the proximity of the

exits allows unassisted verbal communicati on between seated flight attendants.

14. There must be a means for manual activation of an aural emergency alarm system, audible during normal and emergency c onditions, to enable crewmembers on the flightdeck and at each pair of required floor level emergency exits to alert occupants of the forward lower lobe passenger rest compartment of an emergency situation. Use of a public address or crew interphone system will be acceptable, provided an adequate means of differentiating between normal and emergency communications is incorporated. The system must be powered in flight for at leas t ten minutes after the shutdown or failure of all engines and auxiliary power units (APU) or the disconnec tion or failure of all power sources which are dependent on the continued operation of the engines and APUs.

15. There must be a means, readily detectable by seated or standing occupants of the forward lower lobe passenger rest compartment, wh ich indicates when seat belts should be

fastened. In the event there are no seats, at least one means must be provided to cover anticipated turbulence (e.g., sufficient handholds). Seat belt type berthing restraints must be provided for berths and must be compa tible for the sleeping attitude during cruise conditions. There must be a pl acard on each berth requiring that berthing restraints must be fastened when occupied. If compliance w ith any of the other requirements of these conditions is predicated on specific head loca tion, there must be a placard identifying the head position.

16. In lieu of the requirements specified in §25.1439( a) at Amendment 25-38 that pertain to isolated compartments and to provide a leve l of safety equivalent to that which is provided for occupants of a small isolated galley, the following equipment must be provided in the forward lower lobe passenger rest compartment:

(a) At least one approved hand-held fire ex tinguisher appropriate for the kinds of fires likely to occur;

(b) Two personal breathing equipment (PBE ) devices approved to Technical Standard Order (TSO)-C116 or equivalent, suitable for fire fighting, or one PBE for each hand-held fire extinguisher, whichever is greater; and

(c) One flashlight.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 17 of 26 17. A smoke or fire detection system (or syst ems) must be provided that monitors each occupiable area within the forward lower l obe passenger rest compartment, including those areas partitioned by curtains. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide:

(a) A visual indication to the flightdeck w ithin one minute after the start of a fire;

(b) An aural warning in the forward lo wer lobe passenger rest compartment; and

(c) A warning in the main passenger cabin. Th is warning must be readily detectable by a flight attendant, taking into consider ation the positioning of flight attendants throughout the main passenger compartment during various phases of flight.

18. The forward lower lobe passenger rest comp artment must be designed such that fires within the compartment can be controlled without a crewmember having to enter the compartment, or the design of the access provisions must allow crewmembers equipped for fire fighting to have unrestricted ac cess to the compartment. The time for a crewmember on the main deck to react to the fire alarm, to don the fire fighting equipment, and to gain access must not ex ceed the time for the compartment to become smoke-filled, making it difficult to locate the fire source.

19. There must be a means provided to exclude hazardous quantities of smoke or extinguishing agent originating in the forward lower lobe passenger rest compartment from entering any other compartment occ upied by crewmembers or passengers. This means must include the time periods during the evacuation of the forward lower lobe passenger rest compartment and, if applicable, when accessing the forward lower lobe passenger rest compartment to manually fight a fire. Smoke entering any other compartment occupied by crewmembers or pa ssengers when the access to the forward lower lobe passenger rest compartment is opened, during an emergency evacuation, must dissipate within five minutes after the acce ss to the forward lower lobe passenger rest compartment is closed. Hazardous quantities of smoke may not enter any other compartment occupied by crewmembers or passengers during subsequent access to manually fight a fire in the forward lower l obe passenger rest compartment (the amount of smoke entrained by a firefighter exiti ng the forward lower lobe passenger rest compartment through the access is not cons idered hazardous). During the 1-minute smoke detection time, penetration of a sma ll quantity of smoke from the forward lower lobe passenger rest compartment into an occupied area is acceptable provided it dissipates rapidly (i.e., less than 5 minutes). Flight tests must be conducted to show compliance with this requirement.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 18 of 26 20. There must be a supplemental oxygen system within the passenger rest compartment as

follows:

(a) There must be at least two masks for each berth, two masks for each seat that is not adjacent to another seat, and four masks fo r each divan that s eats three occupants.

(b) There must also be an oxygen mask r eadily accessible to each occupant that can reasonably be expected to be either tr ansitioning from the main cabin into the passenger rest compartment, transitioning within the rest compartment, or transitioning from the passenger rest compartment to the main cabin.

(c) The system must provide an aural and visual alert to warn the occupants of the passenger rest compartment to don oxygen masks in the event of decompression.

The aural and visual alerts must activate concurrently with the deployment of the oxygen masks in the passenger cabin. To compensate for sleeping occupants, the

aural alert must be heard in each section of the rest compartment and must sound continuously for a minimum of five minute s or until a reset switc h within the rest compartment is activated. A visual alert th at informs occupants that they must don an oxygen mask must be visible in each section.

(d) There must also be a means by which the oxygen masks can be manually deployed from the flight deck.

(e) Procedures for rest compartment occupa nts in the event of decompression must be established. These procedures must be tr ansmitted to the operator for incorporation into their training programs and appropriate operational manuals.

(f) The supplemental oxygen system for the passenger rest shall meet the same 14 CFR part 25 regulations as the supplemental oxygen system for the passenger cabin

occupants.

(g) The illumination level of the normal passenger rest compartment lighting system must be sufficient for each occupant of the compartment to locate a deployed oxygen mask.

(h) A placard indicating the location of a rec lined occupant’s head is required if access to a deployed oxygen mask depends upon th e orientation of the reclined occupant.

21. The following requirements apply to the seve ral sections divided by installation of curtains or partitions:

(a) A placard is required adjacent to each curt ain that visually divides or separates, for privacy purposes, the passenger rest compartm ent into small sections. The placard must require that the curtain(s) remains open when the private section it creates is unoccupied.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 19 of 26 (b) For each section of the passenger rest compartment created by the installation of a curtain, the following requirements of these conditions must be met with the curtain open or closed: (1) No smoking placard (Above condition 4(d)), (2) Emergency illumination (Above condition 12), (3) Emergency alarm system (Above condition 14), (4) Seat belt fasten signal or return to seat signal as applicable (Above condition 15.), (5) The smoke or fire detecti on system (Above condition 17), and (6) The oxygen system (Above condition 20).

22. Where a waste disposal receptacle is fitted, it must be equipped with a built-in fire extinguisher designed to discharge automatically upon occurrence of a fire in the receptacle.

23. Materials (including finishes or decorative su rfaces applied to the materials) must comply with the flammability requirements of §25.853 at Amendment 25-59. Mattresses must comply with the flammability requirements of §25.853(b) and (c) at Amendment 25-59.

24. All lavatories within the forward lower lobe passenger rest compartment are required to meet the same requirements as those for a lava tory installed on the main deck except with regard to above condition 17 for smoke detection.

25. All enclosed stowage compartments within the forward lower lobe passenger rest compartment that are not limited to stow age of emergency equipment or airplanesupplied equipment (e.g., bedding) must meet the design criteria given in the table below. As indicated by the table below, this condition does not address enclosed stowage compartments greater than 200 ft3 in interior volume. The in-flight accessibility of very large enclosed stowage compartments and th e subsequent impact on the crewmembers’ ability to effectively reach any part of the co mpartment with the contents of a hand fire extinguisher will require additional fire pr otection considerations similar to those required for inaccessible compartments such as Class C cargo compartments.

Fire protection

features Stowage compartment interior volumes

less than 25 ft 3 25 ft 3 to 57 ft 3 57 ft 3 to 200 ft 3

Materials of

Construction (a) Yes Yes Yes

Detectors (b) No Yes Yes

Liner (c) No No Yes

Locating Device (d) No Yes YesJET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 20 of 26 (a) Materials of Construction:

The material used to construct each encl osed stowage compartment must at least be fire resistant and must meet the flammability standards established for interior

components per the requirements of §25.853. For compartments less than 25 ft 3 in interior volume, the design must ensure th e ability to contain a fire likely to occur within the compartment under normal use.

(b) Detectors:

Enclosed stowage compartments equal to or exceeding 25 ft 3 in interior volume must be provided with a smoke or fire detection system to ensure that a fire can be

detected within a one-minute detection time. Flight tests must be conducted to show compliance with this requirement. Each system (or systems) must provide: (1) A visual indication in the flightdeck within one minute after the start of a

fire; (2) An aural warning in the forward lo wer lobe passenger rest compartment;

and (3) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taki ng into consideration the positioning of flight attendants throughout the main passenger compartment during various phases of flight.

(c) Liner:

If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, then no liner would be required for enclos ed stowage compartments equal to or

greater than 25 ft 3 in interior volume but less than 57 ft 3 in interior volume. For all

enclosed stowage compartments equal to or greater than 57 ft 3 in interior volume

but less than or equal to 200 ft 3 , a liner must be provided that meets the requirements of §25.855 at Amendment 25-72 for a class B cargo compartment.

(d) Location Device:

Detector areas which contain enclosed stowage compartments exceeding 25 ft 3

interior volume and which are located away from one central location such as the entry to the forward lower lobe passenger rest compartment or a common area within the forward lower lobe passenger rest compartment would require additional fire protection features and/or devices to assist the firefighter in determining the

location of a fire.

26. Training Manuals and Training must include:

(a) Use and actions associated with the warnings and placards specified herein.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 21 of 26 (b) Accessing and exiting the forward lo wer lobe passenger compartment including emergency evacuation (includes above cond itions 5, 6, 7, 8, 9(a), 9(b), 9(c), 9(d),

10.

(c) Maintaining an exit path aisle and acce ss to the evacuation routes (associated with above condition 4(b).

27. Each stairway and ladder between the forwar d lower lobe passenger compartment and the main deck must meet the following requirements:

(a) The stairway must be straight with ad equate step size to comfortably stand on both

feet. Handrails on each side of the stairw ay must allow support at any position on the stairs and allow people to steady th emselves during foreseeable conditions, including, but not limited to, moderate turbulence in flight. The handrails must be

constructed, so that there will be no obstruction on them which will cause the user to release his/her grip on the handrail or will hinder the continuous movement of the hands along the handrail. Handrails must be terminated in a manner which will not obstruct pedestrian travel or create a h azard. Adequacy of the design must be demonstrated by using persons representative of the 5% female and the 95% male.

(b) The ladder must be straight, one segment.

(c) The steps of the ladder must have essentially rectangular treads. Treads and landings must be designed and demonstrated to be free of hazard. The landing area

at the lower lobe and main deck level must be demonstrated to be adequate in terms of flow rate for the maximum number of pe ople that will be using the stair in an emergency. Treads and risers must be designed to ensure an easy and safe use of the stairway.

(d) General illumination must be provided so that, when measured along the centerlines of each tread of the stairway or ladder, the illumination is not less than 0.05 footcandle. In normal operation, the general illumination level must not be less than

0.05 foot-candles. The assessment must be done under day light and dark of night

conditions.

(e) The stairway must accommodate the ca rriage of an incapacitated person from the

lower lobe to the main deck. The crew me mber procedures for such carriage must

be established.

(f) The stairway must be designed such that evacuees can achieve an adequate rate for going up under probable emergency cond itions, including a condition in which a person falls or is incapacitated while on a stairway.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 22 of 26 (g) The stairway must have a wall or the equivalent on each side to minimize the risk of falling and to facilitate use of the stairw ay under conditions of abnormal airplane

attitude.

(h) The stairway and ladder ends must be i ndicated by an exit sign visible to passengers when in the stairway. This exit si gn must meet the requirements of §25.812(b)(1)(ii).

(i) The public address system must be audible in the stairway during flight.

(j) "No smoking" and "return to seat" signs must be installed and must be visible in the stairway both going up and down and at the stairway entrances.

(k) Cabin crew procedures and positions must be established to manage the use of the stairs in flight under both normal and emer gency situations. This may require that cabin crew members have specific dedicated duties for the management of the stairs during emergency and precautionary evacuations.

(l) It should not be hazardous for crew members or passengers who are returning to their seats to use the stairway during moderate turbulence.

Upper Deck Occupancy and Main Deck to Upper Deck Curved Segmented Stairway :

28. The airplane is not operated for hire or of fered for common carriage. This provision does not preclude the operator from receiving remu neration to the extent consistent with 14 CFR parts 125 and 91, subpart F, as applicable.

29. Occupancy of the upper deck passenger compartment is limited to a maximum of 9 passengers plus one flight attendant. There mu st be 9 seats or berths in the upper deck passenger compartment. Each approved seat and berth must be able to withstand the maximum flight loads when occupied.

30. There must be appropriate placard(s) displaye d in a conspicuous place at each entrance to the upper deck passenger compartment to indicate:

(a) The maximum number of passengers allowed in the upper deck during flight is 10 including the flight attendant;

(b) In addition, at least one flight attendant must be in the upper deck at all times;

(c) That occupancy is prohibited during taxi , take-off and landing except by the flight

attendant;

(d) That smoking is prohibited in the upper deck.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 23 of 26 31. The following signs and placards must be provided in the upper deck passenger

compartment:

(a) There must be both visible and audibl e advisory/warning means in the upper deck passenger compartment to notify the occupants that they must exit the compartment. The visible and audible warnin g must be visible and audible from any part of the upper deck passenger co mpartment. The visible and audible advisory/warning must be cont rolled from the flight deck.

32. In lieu of the requirements specified in §25.1439( a) at Amendment 25-38 that pertain to isolated compartments and to provide a leve l of safety equivalent to that which is provided for occupants of a small isolated galley, the following equipment must be provided in the upper deck passenger compartment:

(a) At least one approved hand-held fire ex tinguisher appropriate for the kinds of fires likely to occur;

(b) Two personal breathing equipment (PBE ) devices approved to Technical Standard Order (TSO)-C116 or equivalent, suitable for fire fighting, or one PBE for each hand-held fire extinguisher, whichever is greater; and

(c) One flashlight.

33. Curved Segmented Staircase:

In addition to the requirements of 14 CF R 25.811 through 25.813, the curved segmented staircase must be evaluated for the following:

(a) It must have entrance, exit, and gradient characteristics that would allow, with the airplane in level attitude and in each attit ude resulting from the collapse of any one or more legs of the landing gear, the passengers of the upper deck, without assistance of a crewmember, to commingle w ith passengers of the main deck during an emergency evacuation and exit the aircra ft through a main deck exit. This must be shown by demonstration, tests, analysis or any combination thereof.

(b) The stairway must have a handrail on at least one side in order to allow passengers to steady themselves during foreseeable conditions, including but not limited to the condition of gear collapse on the ground and moderate turbulence in flight. The

handrails must be constructed, so that there will be no obstruction on them which

will cause the user to release his/her grip on the handrail or will hinder the continuous movement of the hands along the handrail. Handrails must be

terminated in a manner which will not obstruc t passengers travel or create a hazard.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 24 of 26 (c) It must accommodate the carriage of an incapacitated person from the upper deck to the main deck. The crewmember procedures for such carriage must be established.

(d) It must be designed and located so as to provide evacuees an adequate descent rate under probable emergency conditions, including a condition in which a person falls or is incapacitated while on it.

(e) It must be designed and located to minimize damage to it during an emergency landing or ditching.

(f) General illumination must be provided so that when measured along the center lines of each tread and landing, the illumination is not less than 0.05 foot candle.

(g) Means must be provided to assist th e occupants in locating the stairway in

conditions of dense smoke.

(j) An emergency exit sign meeting § 25.812( b)(1)(i) must be provided in the upper deck near the stairway visible to passeng ers approaching along the main aisle as required by § 25.811(d)(1).

(k) The public address system must be audibl e in the stairway during all flight phases.

(l) "No smoking" and "return to seat" signs must be installed and must be visible in the stairway both going up and down and at the stairway entrances.

(m) Cabin crew procedures and positions must be established to manage the use of the stairs on the ground and in flight under bot h normal and emergency situations. This may require that cabin crew members have specific dedicated duties for the management of the stairs during emergency and precautionary evacuations.

(n) It should not be hazardous for crew members or passengers who are returning to their seats to use the stairway during moderate turbulence.

(o) The stairway must have a handrail on at least one side in order to allow people to steady themselves during foreseeable c onditions, including but not limited to the condition of gear collapse on the ground and moderate turbulence in flight. The handrail(s) must be constructed, so that there will be no obstruction on them which

will cause the user to release his/her grip on the handrail or will hinder the continuous movement of the hands along the handrail. Handrail(s) must be

terminated in a manner, which will not obstr uct pedestrian travel or create a hazard. Persons representative of the 5% female and the 95% male must demonstrate adequacy of the design.JET AVIATION ENGINEERING SERVICES L.P. 116 KESTREL DRIVE SPRING BRANCH, TEXAS 78070 USA TEL: (1-830) 438 7486 • FAX: (1-830) 438 7811 www.jetaviation.com Page 25 of 26 34. Interdeck Communication:

An intercom and a two-way alerting means between passenger decks and between each passenger deck and the flight deck must be provided that meet the following requirements:

(a) They must remain operable in the even t of the loss of the main power supply.

(b) They must be capable of providing crewmembers on all decks an immediate indication of an emergency situation on any deck.

35. Emergency Lighting System:

In addition to the requirements of 14 CFR 25.812, the following apply:

(a) The upper deck emergency lighting system power supplies must be independent of the main deck emergency lighting system power supplies.

(b) The emergency lighting system must be de signed so that after any single transverse vertical separation of the fuselage during a crash landing, not more than 25 percent of all required electrically illuminated emergency lights in the upper deck are rendered inoperative, in addition to the upper deck emergency lights that are directly damaged by the separation.

36. Other factors to take into account:

(a) The familiarity of the crew and passengers with the specific aircraft and its associated emergency equipment and exits ar e a significant factor in the safety of this operation.

IN THE PUBLIC INTEREST - The approval of this Petition for Exemption would demonstrate the FAA’s willingness to deal with the issues involved with this Exemption and would be in the Public Interest for the following reasons:

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

1. Given the proliferation of Executive Configur ed Transport Category Aircraft currently taking place, and anticipated in the near futu re, this type of exemption will enable US manufacturers of transport cate gory aircraft greater flexibility to effectively compete in this expanding market; and