Exemption No. 10149

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

LIDER SIGNATURE S/A Regulatory Docket No. FAA-2009-0249

 

for an exemption from § 145.103(b) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

By letter dated 11 March, 2009, Mr. Bruno Jardim F. Rodrigues, Quality and Engineer 

Manager, Lider Signature S/A (Lider), Haroldo Paranhos, 400-Aeroporto de Congonhas, São 

Paulo, Brazil 04357-060, petitioned the Federal Aviation Administration (FAA) on behalf of 

Lider for an exemption from § 145.103(b) of Title 14, Code of Federal Regulations (14 CFR). 

In a letter dated May 21, 2010, Lider provided additional information to show the methods it 

would use to provide equivalent level of safety to § 145.103(b). The proposed exemption, if 

granted, would exempt Lider from having to provide an enclosed hangar by installing doors 

on its hangers in the facilities at Belo Horizonte and Sao Paulo to enclose the largest type and 

model of aircraft listed on its operations specifications. 

The petitioner requests relief from the following regulation:

Section 145.103(b) prescribes that “[a] certificated repair station with an airframe 

rating must provide suitable permanent housing to enclose the largest type and model of 

aircraft listed on its operations specifications.” 

The petitioner supports its request with the following information:

The petitioner has performed maintenance at its repair station on N-registered fixedwing aircraft since 1979, and at its satellite repair station since 1998. Each repair station has 

suitable permanent housing, but lacks front doors in the hangars since they were built 40 

years ago. 

AFS-09-179-E 
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 Lider states that a grant of exemption would not negatively affect safety, because 

Brazil’s tropical climate has allowed Lider to perform maintenance in these hangars, without 

affecting the quality of work performed. Both hangars have camera-monitored internal 

security systems, are patrolled by security personnel 24/7, and are completely covered by 

insurance. Also, the hangars are considerably bigger than the largest aircraft rated by the 

FAA, so aircraft could be placed far within and away from the hangar’s entrance. 

 Lider states that granting this exemption would be in the public interest, because it 

would allow Lider to continue operations under part145 as a repair station and provide service 

to the public, especially for N-registered aircraft flying through Brazil. Lider is the only 

authorized Hawker Beechcraft Service Center in Brazil with a high quality support for 

Hawker Beechcraft customers that fly over South America. Further, its main repair station is 

conveniently located at the São Paolo International Airport—an airport responsible for the 

majority of domestic and executive flight operations in Brazil. 

A summary of the petition was published in the Federal Register on July 9, 2009 

(74 FR 33015). No comments were received. 

The FAA's analysis is as follows: 

The FAA has considered Lider’s petition and determined that Lider has not shown that 

granting an exemption would meet a level of safety equivalent to § 145.103(b). 

In part 145, the FAA requires that a repair station facility must be able to protect 

aircraft parts, assemblies, and subassemblies during disassembly, as well as any cleaning, 

inspection, repair, alteration, or assembly as necessary in the interest of safety. Also, repair 

station workers must be protected so that neither their physical efficiency nor the quality of 

the work performed will be impaired. 

In order to meet these goals, § 145.103(b) requires a certificated repair station with an 

airframe rating to provide suitable permanent housing to enclose the largest type and model of 

aircraft listed on its operations specifications. The term “enclosed” is defined as being 

surrounded on all sides, or to surround on all sides. This means the housing structure must be 

permanent and be able to surround, on all four sides, the largest type of aircraft for which the 

certificate holder is certificated. 

In its petition, Lider focused on the weather-protection aspect of § 145.103(b), as well 

as related security issues. However, the petition did not address how aircraft in a door-less 

hangar are protected from elements such as heat, dirt, and dust. Section 145.103 (b) is 

specifically designed to protect the workers and aircraft from adverse elements of the 

environment. Heat, dirt, and dust could become real issues in a tropical country like Brazil, 

and may affect the work performance and the quality of work. 

In order to properly evaluate the petition, the FAA specifically requested that Lider 

supply additional information on how it intends to provide a level of safety equivalent to that 
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provided by § 104.103. In its response, Lider offered more details on how it would provide 

facilities appropriate to perform maintenance on the aircraft, but did not address the 

protection of personnel performing maintenance or of work areas or articles and materials as 

required by this section. Further, the regulation from which Lider seeks relief extends beyond 

protection and security of the aircraft. It also relates to the condition of the work environment 

itself, which is not addressed or justified in Lider’s request for exemption from § 145.103(b). 

The FAA’s Decision: 

In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Lider Signature S/A for an 

exemption from 14 CFR § 145.130(b) is hereby denied. 

Issued in Washington, DC, on September 30, 2010. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards Service