UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057-3356

In the matter ofthe 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. BarbaraBaillie, Senior Certification Engineer, Greenpoint Technologies, Inc., 4600 Carillon Point, Kirkland, Washington, 98033, petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements ofparagraph 7(a) of Special Federal Aviation Regulation (SFAR) No. 109 and§ 25.807(±)(4) ofTitle 14, Code of Federal Regulations (14 CFR). This exemption, ifgranted, would permitrelieffrom the requirements related to the distance betweenpassenger exits. The proposed exemption is specifically for the installation ofan 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 relieffrom the following regulation(s): Paragraph 7(a) ofSFAR 109,requires, in pertinentpart, that eachpassenger seat must be located within 30 feet from the nearest exit on each side ofthe 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 ofthe same deck ofthe fuselage.The petitioner supports its request with the following information: This section quotes the relevant information from the petitioner'srequest, with minoredits for clarity. The complete petition is available at the Department ofTransportation'sFederal Docket Management System, on the Internet at http://regulations.gov, in DocketNo. 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 T00021SE and includes 14 CFRpart 25 through Amendment 25-120 and higher amendments for certainregulations 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 SFAR 109 has been elected. Discussion
The airplane was delivered from Boeing in a zero passenger configuration with a valid FAA Certificate ofAirworthiness. The proposed interior installation includes a pilot loungejustaft ofthe flight deck, a bedroom including closet and lavatory, a passenger lounge, conference, and lavatory areas, as well as traditional commercial type seating aft halfthe Door 3 area
. The Door 2 Right has been deactivated by means ofan 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 ofthe cabin aft ofDoor 3.
The airplane will be operated as a private use, not for hire, not for common carriage airplane. These types ofVIP interiors require a high level ofprivacy and securitythat is normally not available in airline-style interiors. This results in increased focus on maintaining control and safety ofthe occupants as well as greater understanding and general awareness by the occupants ofthe 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. SFAR 109 amended these standards for transport category airplanes by adding new interiorcriteriafor operators ofprivate use, not for hire, not for common carriage airplanes such as the project airplane. The SFARprovides alternative criteriafor transport category airplanes that are operated for private use while continuing to provide an acceptable level ofsafety for those operators. Certification to these alternate standards is planned except that for the alternate requirement ofparagraph 7(a) ofSFAR 109 for the 4 seats in the lounge for which reliefis requested. 2Paragraph 7 ofSFAR 109 was issued as an alternative criterion to the 60 foot rule to be consistent with FAApolicy and to maintain the intent of§ 25.807(£)(4) while also allowing deactivation ofexits, which is common in VIP interior installations. In coming up with the specific requirement that a maximum of30 feet is allowed between a passenger seat and exits on both sides ofthe 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 ofpassenger capacity and layout, it is reasonable that a different approach to meet the intent ofthis one aspect ofthe alternative criterion found in SFAR 109 is feasible.
The project airplane is a unique interior with a 40 passenger capacity in which 4 ofthe 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 ofonly 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 onthe airplane. The seats are situated in the forward section ofthe compartment on a main aisle with a direct pathto exits in two directions. Deactivation ofthe Door 2 right side exit is the reason these seats fall outside strict compliance to the SFAR 109, paragraph 7(a) criteria. However, the seats are installed within 37 feet ofexits on the right side and left side at Door 3, and 21 feet oftheremaining exit on the left ofthe airplane at Door 2. There are only 12 otherpassengers in this compartmentthat would be competing for these 3 exits in an emergency egress situation. The remaining 24 passengers will be seated aft ofthe Door 3 area with access to exits at Doors 3 and 4 on both sides ofthe airplane. Giventhe limited capacity, and access to the exits for this particularVIP layout, an alternative approach than is offered by existing paragraph 7(a) of SFAR 1 09 for the 60 foot rule is reasonable and maintains the original intent ofthe 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 criteriafor transport category airplanes that are operated for private use while continuing to provide an acceptable level ofsafety for those operations. This exemption will have no adverse impact on safety for the following reasons:

• Reliefto 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 criteriaofparagraph 7(a), because the limited capacity oftheroom, the seatpositions, 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 ofthe alternative included in SFAR 109, while taking into consideration the project airplane's unique layout.

3Granting 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 ofthese aircraft benefits the US economy in terms oftrade and balance ofpower.

• The use ofUS design and manufacture ofaircraft 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 ofcontractplaces the US industry in a significantly lowered position to foreign industry. Future sales depend onpotential customers worldwide finding the US certificationprocess dependable and reasonable, so alternate requirements that provide an acceptable level ofsafety is desirable.

• Granting ofexemptions that meet the unique needs ofthe VIP modifier fosters the US aviation industry. 

### Privilege ofthis Exemption Outside the United States
In accordance with § 11.81(h), GreenpointTechnologies requests thatthe privileges of this exemption be extended outside ofthe United States. This extension ofprivileges is necessary because the project airplane will be operated a substantial amount oftime outside oftheUnited States.


### FederalRegister publication
The FAA has determined that good cause exists for waiving the requirement for FederalRegister publication for public commentbecause the exemption, ifgranted, would not set a precedent; and any delay in acting on this petition would be detrimental to Greenpoint Technologies, Inc.


### TheFAA'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 ofoperation when establishing standards under Title 49 ofthe United States Code (49 U.S.C. 44701(d)).
As more transport category airplanes have been configured (or reconfigured) for private use, the FAAhas given considerable attentionto the issue ofappropriate regulation ofsuch airplanes. Some ofthe currentregulations governing design certification oftransport category airplanes are not compatible with private use ofsuch airplanes. Because ofthis, we have received a number of petitions for exemption from certainregulations. 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 ofsafety provided by the regulations. WepublishedSpecialRequirements for Private Use Transport CategoryAirplanes, SFAR 109, which significantly reduces the need for case-by-case review of individual petitions for exemption for private-use airplanes within the limitation ofSFAR 109

. 4In this case, while the provisions ofparagraph 7(a) ofSFAR 109 provide relieffrom § 25.807(±)(4), they could also actually discourage the retention ofexits in airplanes thathave low passenger capacities.
Our analysis ofthis 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 smallerthan the exits provided in the Boeing Model 787. To meetthe literal requirements ofthe SFAR, it would be possible to deactivate an additional three exits and concentrate the seats occupiable for takeoffand landing between the remaining four exits. Itwould also be possible to reduce access to those exits, suchthat their evacuation rate was reduced to the capability ofsmaller exits, as would be required by the regulations for 40 passengers. The petitionerhas deactivated a single exit ofa pairbut has retained the remaining 7 Type A exits. This provides an excellent evacuation capability for the number ofpassengers onthe airplane. Although there are 4 passengers whose distance to an exit on one side ofthe airplane exceeds 30 feet, the FAA regards this as being outweighed by the presence of7 Type A exits, as opposed to the legally permissible 4 smaller exits. That is, the evacuation capabilityprovided is arguably better than would be obtained with literal compliance at the regulatory minimum. Therefore, a grant ofexemption 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 ofexemption be interpreted as a change in the FAA's position. The distance to an exit is one factor ofmany that contribute to the overall evacuation capability, with the quantity and type ofexits being the most significant. SFAR 109 was intended to make the requirement more flexible, consideringthe nature ofprivate use, not for common carriage operations, and to a large extent, has done that. Nevertheless, as evidenced by this petition, there are scenarios the SFARdoes not account for, where the SFAR may not be met, but the level ofsafety is not compromised.
The 

### FAA's decision
In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuantto 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 CFR25.807(±)(4) and paragraph 7(a) ofSpecial Federal Aviation Regulation No. 109. The exemption is granted to the extent necessary to allow Greenpoint Technologies, Inc., to install an executive interior onprivate, not-for-hire, not-for-common-carriage, Boeing Model 787-8 airplane, serial number 35309, with the Number2 right-hand door deactivated. Specifically, the exemption allows relieffrom the requirements that exits be within 60 feet ofeach other and that passenger seats be within 30 feet ofan exit on each side ofthe airplane.



### 5This exemption is subjectto the following condition. This condition must be documented in the limitations section ofthe 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 CFRparts 125 and 91 , subpart F, as applicable.

Issued in Renton, Washington, on 

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# ~~~-- Suzanne Masterson Acting Manager, TransportAirplane Directorate Aircraft Certification Service

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