UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RENTON, WASHINGTON 98057-3356 

In the matter of the petition of 

Exemption No. 12041 

Greenpoint Technologies, Inc. Regulatory Docket No. FAA-2015-0668 

for an exemption from paragraph 7(a) of 

Special Federal Aviation Regulation 

No. 109 and§ 25.807(±)(4) ofTitle 14, 

Code ofFederal Regulations 

GRANT OF EXEMPTION 

By letter dated March 13, 2015, Ms. Barbara Baillie, Senior Certification Engineer, Greenpoint 

Technologies, Inc., 4600 Carillon Point, Kirkland, Washington, 98033, petitioned the Federal 

Aviation Administration (FAA) for an exemption from the requirements of paragraph 7(a) of 

Special Federal Aviation Regulation (SFAR) No. 109 and§ 25.807(±)(4) ofTitle 14, Code of 

Federal Regulations (14 CFR). This exemption, if granted, would permit relief from the 

requirements related to the distance between passenger exits. The proposed exemption is 

specifically for the installation of an executive interior on a Boeing Model 787-8 airplane, serial 

number 35309, designated as "private use, not for hire, not for common carriage." 

The petitioner requests relief from the following regulation(s ): 

Paragraph 7(a) of SFAR 109, requires, in pertinent part, that each passenger seat must 

be located within 30 feet from the nearest exit on each side of the fuselage, in the event 

that exits are more than 60 feet apart. 

Section 25.807(1)(4), Amendment 25-114, requires, in pertinent part, that no passenger 

emergency exit shall be more than 60 feet from any adjacent passenger emergency exit on 

the same side of the same deck of the fuselage. 
The petitioner supports its request with the following information: 

This section quotes the relevant information from the petitioner's request, with minor edits for 

clarity. The complete petition is available at the Department of Transportation's Federal Docket 

Management System, on the Internet at http://regulations.gov, in Docket No. FAA-2015-0668. 

Background 

The Boeing Model 787-8 project airplane is intended to be a VIP executive aircraft; 

modified under United States registration (N28MS). Greenpoint is contracted to design, 

install, and certify an executive interior in a Boeing Model 787-8 per customer 

specifications. Supplemental type certification is sought under FAA project 

#ST12319SE-T. The certification basis for the project is defined in Type Certificate Data 

Sheet T00021 SE and includes 14 CFR part 25 through Amendment 25-120 and higher 

amendments for certain regulations as contained in the project specific certification plan, 

Greenpoint Document G1350-CP-01, Revision D, dated January 23,2015, and accepted 

by FAA letter 150S-15-20, dated February 4, 2015. Voluntary compliance to the 

requirements contained in SF AR 109 has been elected. 

Discussion 

The airplane was delivered from Boeing in a zero passenger configuration with a valid 

FAA Certificate of Airworthiness. The proposed interior installation includes a pilot 

lounge just aft of the flight deck, a bedroom including closet and lavatory, a passenger 

lounge, conference, and lavatory areas, as well as traditional commercial type seating aft 

half the Door 3 area. The Door 2 Right has been deactivated by means of an FAA 

approved Boeing Service Bulletin to accommodate the bedroom area. Maximum 

passenger count will be limited to 40 occupants for taxi, takeoff, or landing (TTOL): 4 

seats certified for TTOL in the lounge, 12 seats certified for TTOL in the conference area, 

and 24 seats certified for TTOL in the commercial type areas of the cabin aft of Door 3. 

The airplane will be operated as a private use, not for hire, not for common carriage 

airplane. These types of VIP interiors require a high level of privacy and security that is 

normally not available in airline-style interiors. This results in increased focus on 

maintaining control and safety of the occupants as well as greater understanding and 

general awareness by the occupants of the safety risks and existing design features in the 

interior that mitigate these. 

Part 25 of 14 CFR governs type design certification requirements for transport category 

airplanes. SF AR 109 amended these standards for transport category airplanes by adding 

new interior criteria for operators of private use, not for hire, not for common carriage 

airplanes such as the project airplane. The SF AR provides alternative criteria for 

transport category airplanes that are operated for private use while continuing to provide 

an acceptable level of safety for those operators. Certification to these alternate standards 

is planned except that for the alternate requirement of paragraph 7(a) of SF AR 109 for the 

4 seats in the lounge for which relief is requested. 

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Paragraph 7 of SF AR 109 was issued as an alternative criterion to the 60 foot rule to be 

consistent with FAA policy and to maintain the intent of§ 25.807(£)(4) while also 

allowing deactivation of exits, which is common in VIP interior installations. In coming 

up with the specific requirement that a maximum of 30 feet is allowed between a 

passenger seat and exits on both sides of the airplane, the FAA has stated there were 

different approaches that would have been possible, but none were considered or allowed 

for in the final rule. Given that VIP interiors vary greatly in terms of passenger capacity 

and layout, it is reasonable that a different approach to meet the intent of this one aspect 

of the alternative criterion found in SF AR 109 is feasible. 

The project airplane is a unique interior with a 40 passenger capacity in which 4 of the 

seats are installed a few feet beyond the 30 foot distance to an exit on one side ofthe 

airplane only. These 4 seats are 4 of only 16 seats to be certified for TTOL in this 

compartment. This compartment is the only one with seats certified for TTOL forward of 

Door 3 on the airplane. The seats are situated in the forward section of the compartment 

on a main aisle with a direct path to exits in two directions. Deactivation of the Door 2 

right side exit is the reason these seats fall outside strict compliance to the SF AR 109, 

paragraph 7(a) criteria. However, the seats are installed within 37 feet of exits on the 

right side and left side at Door 3, and 21 feet ofthe remaining exit on the left of the 

airplane at Door 2. There are only 12 other passengers in this compartment that would be 

competing for these 3 exits in an emergency egress situation. The remaining 24 

passengers will be seated aft of the Door 3 area with access to exits at Doors 3 and 4 on 

both sides of the airplane. Given the limited capacity, and access to the exits for this 

particular VIP layout, an alternative approach than is offered by existing paragraph 7(a) of 

SF AR 1 09 for the 60 foot rule is reasonable and maintains the original intent of the rule 

when applied to this VIP interior. 

Basis for Exemption 

The FAA has made adjustments to regulatory requirements based on specific design and 

operational factors numerous times in the past. Additionally, SFAR 109 provides 

alternative criteria for transport category airplanes that are operated for private use while 

continuing to provide an acceptable level of safety for those operations. This exemption 

will have no adverse impact on safety for the following reasons: 

• Relief to the distance criterion for the 4 seats as proposed maintains the spirit of 

the original requirement, § 25.807(£)(4), and more specifically to the SFAR 109 

alternate criteria of paragraph 7(a), because the limited capacity ofthe room, the 

seat positions, and access to the exits for the project airplane effectively eliminates 

crowding for the affected passengers which would delay evacuation and is the 

basis, in part, for the requirement. 

• The request is an alternative approach to the 60 foot rule not considered 

previously by the FAA which maintains the intent of the alternative included in 

SFAR 109, while taking into consideration the project airplane's unique layout. 

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Granting this exemption would be in the public interest for the following reasons: 

• VIP aircraft are used by Heads-of-State and Diplomatic Persons. Developing and 

maintaining positive relations with the operators of these aircraft benefits the US 

economy in terms oftrade and balance of power. 

• The use of US design and manufacture of aircraft and interiors such as this one 

develops and maintains the worldwide positive image and influence currently 

enjoyed by the US Aerospace Industry. Consistency in regulations and design 

requirements at and after contract award affects competitiveness; and significant 

changes after the time of contract places the US industry in a significantly lowered 

position to foreign industry. Future sales depend on potential customers 

worldwide finding the US certification process dependable and reasonable, so 

alternate requirements that provide an acceptable level of safety is desirable. 

• Granting of exemptions that meet the unique needs of the VIP modifier fosters the 

US aviation industry. 

Privilege of this Exemption Outside the United States 

In accordance with § 11.81 (h), Greenpoint Technologies requests that the privileges of 

this exemption be extended outside ofthe United States. This extension of privileges is 

necessary because the project airplane will be operated a substantial amount of time 

outside ofthe United States. 

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 Greenpoint Technologies, Inc. 

The FAA's Analysis 

The FAA considers that granting this petition is in the public interest for the reasons stated by the 

petitioner and because the FAA is directed to take into account the type of operation when 

establishing standards under Title 49 of the United States Code (49 U.S.C. 44701(d)). 

As more transport category airplanes have been configured (or reconfigured) 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 the public interest and when it does not adversely affect the level of safety 

provided by the regulations. We published Special Requirements for Private Use Transport 

Category Airplanes, SF AR 109, which significantly reduces the need for case-by-case review of 

individual petitions for exemption for private-use airplanes within the limitation of SF AR 109. 

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In this case, while the provisions of paragraph 7(a) ofSFAR 109 provide relief from 

§ 25.807(±)(4), they could also actually discourage the retention of exits in airplanes that have 

low passenger capacities. 

Our analysis of this petition considered the following design features proposed by the petitioner: 

An airplane with 40 passengers would technically require no more than 4 exits (2 on each side) 

and those exits could be significantly smaller than the exits provided in the Boeing Model 787. 

To meet the literal requirements of the SFAR, it would be possible to deactivate an additional 

three exits and concentrate the seats occupiable for takeoff and landing between the remaining 

four exits. It would also be possible to reduce access to those exits, such that their evacuation 

rate was reduced to the capability of smaller exits, as would be required by the regulations for 40 

passengers. 

The petitioner has deactivated a single exit of a pair but has retained the remaining 7 Type A 

exits. This provides an excellent evacuation capability for the number of passengers on the 

airplane. Although there are 4 passengers whose distance to an exit on one side of the airplane 

exceeds 30 feet, the FAA regards this as being outweighed by the presence of 7 Type A exits, as 

opposed to the legally permissible 4 smaller exits. That is, the evacuation capability provided is 

arguably better than would be obtained with literal compliance at the regulatory minimum. 

Therefore, a grant of exemption is warranted in this case. 

The FAA does, however, regard distance to exits as an important factor in evacuation and there is 

no intention to remove such requirements, nor should this grant of exemption be interpreted as a 

change in the FAA's position. The distance to an exit is one factor of many that contribute to the 

overall evacuation capability, with the quantity and type of exits being the most significant. 

SF AR 109 was intended to make the requirement more flexible, considering the nature of private 

use, not for common carriage operations, and to a large extent, has done that. Nevertheless, as 

evidenced by this petition, there are scenarios the SF AR does not account for, where the SF AR 

may not be met, but the level of safety is not compromised. 

The FAA's decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 44701 delegated to me by 

the Administrator, I grant Greenpoint Technologies, Inc., an exemption from 

14 CFR 25.807(±)(4) and paragraph 7(a) of Special Federal Aviation Regulation No. 109. The 

exemption is granted to the extent necessary to allow Greenpoint Technologies, Inc., to install an 

executive interior on private, not-for-hire, not-for-common-carriage, Boeing Model 787-8 

airplane, serial number 35309, with the Number 2 right-hand door deactivated. Specifically, the 

exemption allows relief from the requirements that exits be within 60 feet of each other and that 

passenger seats be within 30 feet of an exit on each side of the airplane. 

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This exemption is subject to the following condition. This condition must be documented in the 

limitations section of the airplane flight manual. 

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. 

Issued in Renton, Washington, on J U L 1 4 2015 

~~~--

Suzanne Masterson 

Acting Manager, Transport Airplane Directorate 

Aircraft Certification Service 

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