Exemption No. 11011

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

RENTON, WASHINGTON 98057-3356

In the matter of the petition of

Lufthansa Technik AG

for an exemption from §§ 25.785(h)(2), 

25.785(j), 25.791(a), 25.791(d), 

25.807(f)(4), 25.813(e), 25.815, and 

25.853(d) of Title 14, Code of Federal 

Regulations

Regulatory Docket No. FAA-2014-0136

GRANT OF EXEMPTION

By letter HAM TT/L, wa, dated March 31, 2014, Mr. Michael Wagner, Project Manager 

Certification, Lufthansa Technik AG, Weg Beim Jäger 193, 22335 Hamburg, Germany, 

petitioned the Federal Aviation Administration (FAA) for an exemption from sections 

25.785(h)(2), 25.785(j), 25.791(a), 25.791(d), 25.807(f)(4), 25.813(e), 25.815, and 25.853(d) of 

Title 14, Code of Federal Regulations (14 CFR). The exemption would permit relief from the 

requirements of flight-attendant direct view; firm handholds in the passenger compartment; nosmoking sign visibility from each seat in the passenger compartment; distance between exits;

interior doors between passenger compartments; width of aisles; and maximum heat-release and 

smoke-emissions flammability requirements for large interior panels. The petitioner also requests

an exemption from special conditions 25-368-SC, which is for seats with non-traditional, large, 

non-metallic panels on the airplane. These panels would need to meet the maximum heat-release 

and smoke-emissions flammability requirements for large interior panels. Lufthansa Technik AG

also requests exemption from the no-smoking sign requirements contained in Special Condition 

25-430-SC. The requested exemption is specifically for the installation of an executive interior 

on a Boeing Model 747-8 airplane, serial number 37500, designated as “private use, not for hire, 

not for common carriage.”

The petitioner requests relief from the following regulations:

Section 25.785(h)(2), Amendment 25-88 – Requires flight-attendant seats be located to 

provide direct view of the cabin area.

Section 25.785(j), Amendment 25-88 – Requires firm handholds along each aisle.
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Section 25.791(a), Amendment 25-72 – Requires, if smoking is prohibited, at least one 

placard so stating, and which is legible to each person seated in the cabin.

Section 25.791 (d), Amendment 25-72 – Requires that a placard must be located on or 

adjacent the door of each receptacle used for the disposal of flammable waste materials,

to indicate that the receptacle is intended for cigarettes disposal.

Section 25.807(f)(4), Amendment 25-114 – Requires that no passenger emergency exit 

is located more than 60 feet from any adjacent passenger emergency exit on the same side 

of the same deck of the fuselage.

Section 25.813(e), Amendment 25-46 – Requires that no door be installed in any

partition between passenger compartments.

Section 25.815, Amendment 25-38 – Requires minimum aisle widths in the passenger 

compartment.

Section 25.853(d), Amendment 25-83 – Limits maximum heat-release rates and smoke 

emissions for large-panel, cabin-interior materials.

Special Conditions 25-368-SC, “Seats with non-traditional, large, non-metallic panels,”

which specifies heat-release and smoke-emission requirements for certain passengerseating materials.

Special Conditions 25-430-SC, “No smoking sign in the stairway between passenger 

decks,” which specifies placard requirements for multi-deck passenger compartments.

The petitioner supports their request with the following information:

This section summarizes the relevant information from the petitioner’s request. 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-2014-0136.

Discussion

Lufthansa Technik AG (LHT) in Hamburg (Germany) has been contracted by a customer 

for interior completion of VVIP business interior in one Boeing 747-8 airplane designated 

not for hire, not for common carriage.

Basis for Exemption

The aircraft that is the subject of this petition is a Boeing 747-8 modified for noncommercial/non-common-carriage VVIP service. It is typically in the service of foreign 

Heads-of-State interests and will be operated under 14 CFR 91 and 125 regulations or 

equivalent foreign standard. For this reason the privileges of this proposed exemption will 

be exercised outside the United States.
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The interior configuration typically installed result in a very small passenger population 

compared to for-hire or common-carriage standards. These passengers are typically very

experienced travelers. For this reason the crews and passengers who fly on this aircraft 

have a substantially higher familiarity with the aircraft and its systems than those 

envisioned by the writers of the original regulations.

The exemptions proposed herein are justified based upon the following facts:

 This aircraft is intended for VVIP use and is not appropriately configured for or 

intended for use for hire or common carriage.

 This aircraft carries a lower amount of passengers compared to the originally typeapproved passenger load.

 SFAR 109, Special Requirements for Private Use Transport Category Aircraft,

was issued in 2009 to address these issues among others. This SFAR is limited to 

aircraft with passenger counts of 60 or less. These requested exemptions will 

apply the same or similar requirements to an aircraft with higher passenger counts.

 Similar exemptions have been routinely granted for VIP transport category aircraft 

for many years. For example: Exemptions 10339, 6820/6820A, 6881, 

7317/7317A, 7609, and 8765 as well as others have been either fully or partially

granted by FAA.

 These exemptions have been granted to both domestic and foreign applicants and 

applied equally to both domestically-produced aircraft and foreign-produced 

aircraft.

 The Petitioner proposes mitigating requirements and conditions that establish 

acceptable levels of safety for the occupants consistent with previous grants.

 With these justifications in mind, LHT requests relief from, and proposes a 

petition for exemption from, the following regulations:

14 CFR 25.785(h)(2) at Amendment 25-88: Direct View

This aircraft is designed to accommodate VVIP personnel and staff members. These types 

of passengers require amenities such as meeting rooms, offices, bedrooms, lavatories, and 

lounges rather than traditional airline-type seating. Furthermore, they require a high level 

of privacy and security that is normally not available in airline-style interiors. An 

exemption to the flight-attendant direct-view requirement is therefore needed to allow the 

interior to meet these needs.

Safety Considerations

Considering the small number of occupants in the VVIP aircraft, the familiarity of the 

flight and cabin crews with the specific airplane, its passengers and its interior 
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arrangement, and the wording of the existing rule that places the proximity of the 

attendant to the exit over the ability of the attendant to view the cabin area, there should 

be no degradation in the passenger safety as a result of this requested exemption.

Requested Relief

LHT proposes to meet the requirements as states similarly in SFAR 109 and various 

Exemptions as:

In lieu of the requirements of § 25.785(h)(2), to the extent practical without 

compromising proximity to a required floor-level emergency exit, wherever possible the 

installed flight-attendant seats shall be located to face the cabin area for which the 

attendant is responsible.

14 CFR 25.785(j) at Amendment 25-88: Firm Handholds

The current layout for the proposed VVIP interior in some areas is quite different from 

the airliner-style interior envisioned by the original rule. The proposed interior includes 

some large rooms or meeting areas where the original envisioned requirement for firm 

hand hold along the aisles cannot be met. A typical airline’s interior meets this 

requirement by relying on the individual seat backs along the main aisle or aisles. Any

ceiling-mounted handhold would ruin the appearance of the high-quality interior and has 

the potential to create additional safety concerns.

Safety Considerations

The risk for occupants due to the reduced number of direct handholds in certain areas of 

the airplane should be considered acceptable for the following reasons:

 In the various compartments seat backs, divan arms, tables, and furniture are 

readily within reach with one or two steps

 All furniture in the passenger cabin will not have sharp corners and edges in order 

to avoid serious injury in case of contact during turbulence

 The installed seats and divans are heavily upholstered and will not cause injuries 

when contacted

 Occupants are experienced travelers and are generally familiar with this aircraft 

interior

Requested Relief

LHT proposes to meet the requirements as stated similarly in SFAR 109 and various 

Exemptions as:
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In lieu of the requirements of § 25.785(j), there must be means provided to enable persons

to steady themselves in moderately rough air while occupying aisles or, where 

practicable, bordered by seats.

14CFR 25.791(a) and (d) at Amendment 25-72 and Special Conditions 25-430-SC, 

condition 14: No Smoking Placards

The VVIP aircraft is declared as a “no smoking” aircraft.

Safety Considerations

There is no increase in occupants safety due to the special placement of “no smoking” 

placards.

Requested Relief

LHT proposes to meet the requirements as stated similarity in SFAR 109 and various 

Exemptions as:

Compliance with § 25.791 and Special Condition 25-430-SC is required except that for 

§ 25.791(a) and (d) and Special Condition 25-430-SC, condition 14, when smoking is to 

be prohibited, notification to the passengers may be provided by a single placard so 

stating, to be conspicuously located inside the passenger compartment, easily visible to all

entering the cabin in the immediate vicinity of each passenger entry door.

14 CFR 25.807(f)(4) at Amendment 25-117: Distance Between Exits

The current layout for the proposed VVIP interior foresees the deactivation of passenger 

emergency exits no. 3. Due to this deactivation, the distance between passenger 

emergency exits is more than 60 feet.

Safety Considerations

The risk to occupants, due to the deactivated passenger emergency exit #3 should be 

considered acceptable for the following reasons:

 The airplane will be operated under 14 CFR parts 91 and 125 or foreign 

equivalent and will not be operated for hire or offered for common carriage

 Occupants are experienced travelers and are generally familiar with this aircraft 

interior and the location of the emergency exits

 No passenger seat that is certified for use during taxi, take-off, and landing is 

located more than 30 feet from the nearest emergency exit

 The number of passengers is substantially less (less than 33 percent) than the 

aircraft was originally certified for
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 A distance of more than 60 feet between adjacent passenger emergency exits on 

the same side of the same deck of the fuselage, is only foreseen once on each side 

of the fuselage.

Requested Relief

For an airplane that is required to comply with § 25.807(f)(4), in effect as of July 24, 

1989, which has more than one passenger emergency exit on each side of the fuselage, no 

passenger emergency exit may be more than 60 feet from any adjacent passenger 

emergency exit on the same side of the same deck of the fuselage, as measured parallel to 

the airplane’s longitudinal axis between the nearest exit edges, unless the following

conditions are met:

a) Each passenger seat must be located within 30 feet from the nearest exit on each side 

of the fuselage, as measured parallel to the airplane’s longitudinal axis, between the 

nearest exit edge and the front of the seat bottom cushion.

b) The number of passenger seats located between two adjacent pairs of emergency exits 

(commonly referred to as a “passenger zone”) or between a pair of exits and a 

bulkhead or a compartment door (commonly referred to as a “dead-end zone”), may

not exceed the following:

1) For zones between two pairs of exits, 50 percent of the combined rated 

capacity of the two pairs of emergency exits.

2) For zones between one pair of exits and a bulkhead, 40 percent of the rated 

capacity of the pair of emergency exits.

c) The total number of passenger seats in the airplane may not exceed 33 percent of the 

maximum seating capacity for the airplane model using the exit ratings listed in 

§ 25.807(g) for the original certified exits or the maximum allowable after 

modification when exits are deactivated, whichever is less.

d) A distance of more than 60 feet between adjacent passenger emergency exits on the 

same side of the same deck of the fuselage, as measured parallel to the airplane’s 

longitudinal axis between the nearest exit edges, is allowed only once on each side of 

the fuselage.

14 CFR 25.813(e) at Amendment 25-116: Doors between Passenger Compartments

This discussion covers doors that separate passenger compartments from other areas 

throughout the aircraft. This discussion does not include doors that separate e.g., 

lavatories or bathrooms from passenger compartments and these doors do not apply to 

this exemption request.

The majority of the interior doors of the current layout for the proposed VVIP interior 

separate a passenger compartment from other areas (e.g., exit area). There are only two 
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interior doors that directly separate two passenger compartments. These interior doors are 

installed in:

 The upper deck forward of the emergency exit

 The main deck in the area between emergency exit #3 and emergency exit #4

Doors between passenger compartments, and doors between passenger compartments and 

other areas (e.g., emergency exits), will have the following design features:

 All doors will be operated manually

 Doors that need to be latched in the open position will have dual latches (each of 

which is able to withstand the forces defined § 25.561(b)) to secure the doors in 

the open position and to prevent inadvertent closing

 the doors will be frangible to allow egress in the event that they should become 

stuck

 the doors will provide vent areas to allow free airflow in the event of a rapid 

decompression

 where a locking mechanism is installed, these doors will provide features to 

unlock the door from either side without the use of a special tool

 cockpit indication of the door position for taxi, take-off, and landing

 cabin-crew indication of each individual door position to identify which 

door/doors is/are not in the correct position for taxi, take-off, and landing

Safety Considerations

The risk for occupants due to the use of doors between passenger compartments should 

be considered acceptable due to the features mentioned above and for the following 

reasons:

 the airplanes will be operated under 14 CFR parts 91 and 125 or foreign 

equivalent and will not be operated for hire or offered for common carriage

 the Airplane Flight Manual Supplement (AFM-S) or other adequate manual will 

provide procedures and limitations to ensure that the doors are in the proper 

position for taxi, take-off, and landing.

Requested Relief

LHT proposes to meet the requirements as stated in SFAR 109 and various Exemptions 

as:
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 In lieu of the requirements of § 25.813(e), interior doors may be installed between 

passenger seats and exits, provided that following requirements are met:

- Each door between any passenger seat, occupiable for taxi, takeoff, and 

landing, and any emergency exit must have a means to signal to the 

flightcrew, at the flight deck, that the door is in the open position for taxi, 

takeoff, and landing.

- Appropriate procedures/limitations must be established in the AFM to 

ensure that any such door is in the open configuration for taxi, takeoff, and 

landing.

- Each door between any passenger seat and any exit must have dual means 

to retain it in the open position, each of which is capable of reacting to the 

inertia loads specified in § 25.561(b).

- Each door between any passenger seat and any exit must be frangible in 

either direction. A frangibility test will be performed on each type of 

interior compartment door installation in the aircraft using a 5th percentile 

female subject.

- Each door between any passenger seat and any exit must be openable from 

either side, and if a locking mechanism is installed, it must be capable of 

being unlocked from either side without the use of special tools.

 When the aircraft is equipped with interior doors under this Exemption:

- The AFM must include appropriate limitation(s) to require a preflight 

passenger briefing describing the appropriate functions to be performed by

the passengers, and the relevant features of the airplane, to ensure the 

safety of the passengers and crew.

14 CFR 25.815 at Amendment 25-38: Width of Aisle

LHT is installing seats that translate laterally and longitudinally and also recline.

Translating and/or reclining of seats will occur in-flight only, but can encroach on the 

aisle width required by Section 25.815.

Safety Considerations

The risk for occupants in the passenger cabin due to reduced width of aisles in-flight 

should be considered acceptable for the following reasons:

 The number of passengers is substantially less than the aircraft was originally

certified for
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 The passengers who use this aircraft are much more familiar with the aircraft

interior and systems compared to passengers of a commercially operated aircraft

 Aisle width is only to be reduced during in-flight operation. For taxi, takeoff, and 

landing, each individual seat position is clearly defined to provide the aisle width 

as required by § 25.815

 Reduced aisle width does not restrict access to any cabin area because all areas of 

the cabin will be accessible by a crew member in the event of an emergency (e.g., 

in-flight fire, decompression) without excessive effort or excessive loss of time

 Procedures will be established and documented in the AFM-S or other adequate 

manual to ensure that the cabin will be restored to proper configuration to taxi, 

takeoff, and landing

 The aircraft will not be operated for hire or common carriage

Requested Relief

LHT proposes to meet the requirements as stated in SFAR 109 and various Exemptions 

as:

Compliance is required with § 25.815, except that the aisle width may be reduced to zero 

inches between passenger seats during in-flight operations only, provided that the 

applicant demonstrates that:

 All areas of the cabin are easily accessible by a crew member in the event of an 

emergency (e.g., in-flight fire, decompression)

 Instructions are provided at each passenger seat for restoring the aisle width 

required by § 25.815

 The operation to return the cabin furnishings to their proper taxi, take-off, and 

landing position is easy to handle

 Procedures must be established and documented in the AFM to ensure that the 

required aisle widths are provided during taxi, take-off, and landing

14 CFR 25.853 (d) at Amendment 25-116 and Special Conditions 25-368-SC: Heat 

Release and Smoke Emission

Completion centers have been able to simultaneously satisfy the styling requirements of 

customers and the interior flammability requirements of § 25.853(a) and (c); however, 

many of the materials required in the aircraft interiors do not comply with the heat-release 

and smoke-emission requirements of § 25.853(d).
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Safety Considerations

The vast majority of the heat-release and smoke portion of the rule was driven by the 

post-crash fire experiences in airline operations. The 65/65 heat release regulation was 

specifically developed to reduce the likelihood of the flash-over phenomenon which was 

proven by test to be a primary factor to the rapid propagation of post-crash fires and the 

generation of blinding smoke. Rapid fire propagation combined with the relatively slow 

rate of passenger evacuation from densely packed airplanes has proven to be a deadly

combination during actual airline accidents. Since it is clear that material selection is 

being controlled by aesthetics in the application, we cannot exercise any real control over 

the actual heat within the first 90 seconds. Therefore, it is proposed as mitigation to the 

fire hazard that an evacuation analysis be performed to show that all occupants can safely

evacuated in less than 45 seconds.

Requested Relief

LHT proposes to meet the requirements as stated in SFAR 109 and various Exemptions 

as:

Compliance is required with the applicable provisions of § 25.853, except that 

compliance with appendix F, parts IV and V, need not be demonstrated if it can be shown 

by analysis that the maximum time for evacuation of all occupants does not exceed 45 

seconds under the conditions specified in appendix J to part 25.

Public Interest

As in the cases of numerous already established Exemptions, granting this petition for 

exemption would be clearly in the public interest of the people of the United States of 

America for the following reasons:

 Given the proliferation of VVIP configured Transport Category Airplanes, and 

anticipated in the near future, approval of these exemptions will enable the United 

States manufacturers of Transport Category Airplanes to effectively compete in 

the expanding market.

 Additional sales of components manufactured in the United States even for VVIP 

interiors installed outside the United States will serve to increase 

supplying/supporting company’s profitability.

 Stability and improved financial performance of these United States companies 

gives greater job stability to the workers employed by the companies, causing a 

stabilizing influence to the greater United States economy, due to the consumer 

pending activities associated with stable workers.

 Improved financial performance of United States owned and operated 

corporations, and increased workforce stability translates into continued and 
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improved local, state, and federal tax revenues which in turn add to the stability of 

the total United States economy.

 Improved financial performance allows United States corporations to continue to 

invest in research and development, allowing the United States to maintain or 

improve its competitive position in the world economy.

 Foreign Heads-of-State operating US-manufactured aircraft strengthens the preeminent global position of the United States aircraft manufacturing.

 This aircraft will be operated under 14 CFR parts 91 and 125 or its foreign 

equivalent. This aircraft will not be operated for hire or offered for common 

carriage inside the US and therefore there is no safety impact on the US flying 

public.

Future use and application of the exemption

This Exemption is intended for use on one single 747-8 interior program by LHT. Use 

and applicability of the Exemption will be controlled in the project and will be submitted 

to the applicable FAA Certification Office (i.e. NYACO).

Exemptions to specific rules and associated requirements are to be individually applied.

There is no requirement that all portions of this Exemption be applied simultaneously.

When the approved exemption to a specific rule or rules is not used then full compliance 

to that rule or rules is required.

We request to exercise the privilege of this exemption outside the United States since the 

operator of the airplane is located in a foreign country.

Federal Register publication

The FAA has determined that good cause exists for waiving the requirement for Federal Register

publication for public comment because the request is identical in all material respects to 

previously granted exemptions, including, in pertinent part, those exemptions the petitioner lists 

in their petition; and the exemption, if granted, would not set a precedent. Any delay in acting on 

this petition would be detrimental to Lufthansa Technik AG.

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 re-configured) 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 
12

not compatible with private use of such airplanes. Because of this, we have received several 

petitions for exemption from these same regulations. We have granted such exemptions when we 

find that to do so is in the public interest and does not adversely affect the level of safety

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

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

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

The Boeing Model 747-8 airplane under consideration has a passenger seating capacity greater 

than the 60-passenger seating limitation in SFAR 109. Therefore, the SFAR is not applicable to 

this airplane.

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

petitioner:

1. Direct View

The petitioner has identified the requirement for flight-attendant seats to be located to provide a 

direct view of the passenger cabin as not practical for compliance with the executive-type interior 

to be used on the Boeing 747-8 airplane. The complexity of the interior arrangement, coupled 

with the need to retain proximity to emergency exits, is cited as the primary reason that 

compliance is impractical.

The FAA has considered the requirement for direct view in the context of private-use airplanes,

and agrees that much of the justification for the requirement is based on air-carrier type 

operations. The practicality of locating flight-attendant seats near emergency exits so that there is 

a direct view of occupants inside the rooms is questionable, at best. In this regard, we believe that 

some relief may be appropriate for airplanes intended for private use. However, we note that the 

justification for the requirement for direct view is not limited to observation of passengers who 

may not be familiar with the interior. Flight-attendant seats should be located so that a direct 

view is provided for the cabin area whenever practical. For example, flight-attendant seats should 

not face away from the cabin. In those areas of the airplane where traditional seating 

arrangements are used, the FAA believes that a direct view should be provided.

In considering the need for direct view, the FAA agrees that the restricted nature of the operation 

of a private-use airplane mitigates much of the need. That is, the operator has control of, and can 

restrict the population of, passengers, unlike an air carrier. The risk of passengers engaging in 

hazardous or malicious activity is essentially eliminated, and the need for direct view is limited 

to those cases where a passenger might need assistance. We consider that this objective is met by

requiring that a majority of flight-attendant seats face the cabin.

2. Firm Handholds

We have considered the requirement for firm handholds in the context of private-use airplanes,

and have determined that it would be impractical for this type of operation and interior 

configuration with meeting rooms, offices, bedrooms, lavatories, and lounges rather than 

traditional airline-type seating. In those areas of the airplane where traditional seating 

arrangements are used, the FAA believes that firm handholds should be provided.
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3. No smoking placards

We have considered the requirement for having no-smoking placards visible from each seat in 

the passenger compartment, in the context of private-use airplanes where smoking is prohibited 

by the owner/operator of the airplane. We have determined that a single placard, indicating that 

smoking is prohibited, would be acceptable notification to the passengers, whereby the placard is 

conspicuously located inside the passenger compartment and is easily visible to all persons 

entering the cabin in the immediate vicinity of each passenger-entry door. Also, the applicant has 

requested exemption from the requirement for no-smoking signs in the stairway between main 

decks, signs required by Special Conditions 25-430-SC, condition no. 14. The FAA considers the 

proposal to limit the airplane to a no-smoking airplane, as defined, is acceptable to this 

requirement. 

4. Distance between exits

In developing the criteria used for previous exemptions on this subject, as well as the proposal 

put forward in NPRM 07-13 discussed above, we considered several factors, including seating 

density. As proposed in NPRM 07-13, the limitations required to exceed 60 feet between exits 

include restrictions on the total number of passengers relative to the number of exits remaining, 

and the distance of any passenger seat to an exit. The NPRM is consistent with the limitations 

previously imposed in exemptions. 

The FAA has also established configuration limits to locate the passenger seats near exits. 

Passengers must occupy passenger seats during takeoff and landing. Where pairs of exits are 

deactivated, as is the case here, the historically applied criteria require each passenger seat to be 

within 30 feet of an exit. Because the proposed design has more than 100 feet between exits, this 

results in approximately 40 feet of cabin length where no seats could be located for takeoff and 

landing. The proposed interior arrangement does satisfy this limitation.

5. Interior Doors

The placement of interior doors is clearly quite significant to the owner/operator of the airplane.

The flexibility to partition the airplane into individual rooms, such as private meeting rooms or 

bedrooms, is paramount to an acceptable interior. The FAA acknowledges the desirability of 

these features from the operator’s point of view.

When the regulations pertaining to interior doors were adopted, they did not consider “rooms.”

They considered two possible types of interior doors in a passenger compartment. The first type 

is an interior door between passenger compartments. The second type is an interior door between 

an exit and the passenger compartment.

Until recently, only the first type of door was prohibited by § 25.813(e). However, part 25, as 

amended by Amendment 25-116, prohibits interior doors between the exit and the passenger 

compartment. In addition, Amendment 121-306 prohibits these doors in airplanes manufactured 

after November 27, 2006, operated under 14 CFR part 121. Amendments 25-116 and 121-306,

titled Miscellaneous Cabin Safety Changes, were published in the Federal Register on 
14

October 27, 2004. Because Amendment 25-116 is not in the certification basis for the 747-8 

airplane, and the airplane is not operated under 14 CFR part 121, the swing door located between 

the forward exits and the passenger compartment is not subject to this exemption.

Airplanes configured for private use, not for hire, and not for common carriage typically use any

of five different categories of door in the passenger cabins:

Category 1: A door in a room and the room is less than the full width of the airplane. An 

aisle is outside the room. This type of room may be occupied during takeoff and landing, 

and only the occupants of the room must use the door to reach an exit.

Category 2: A door in a room that is the same as Category 1, except a single emergency

exit or pair of emergency exits is within the room.

Category 3: A door or doors in a compartment and the compartment is the full width of 

the airplane. Passengers are seated on both sides (fore and aft) of the door(s), and the 

main aisle leads out of, or passes through, the compartment. The compartment does not 

have emergency exits. This type of compartment may be occupied during takeoff and 

landing.

Category 4: A door in a room and the room is the full width of the airplane. Passengers 

are seated on both sides (fore and aft) of the door, and a pair of emergency exits is at one

end of the room. This type of room may be occupied during takeoff and landing.

Category 5: A door in a room that may be the full width of the airplane. This type of 

room is not occupied during takeoff and landing. This room is only occupied during 

flight. Passengers are not seated on both sides of the door during taxi, takeoff, and 

landing. Passengers seated in taxi, takeoff, and landing seats must not need to pass 

through this door to get to any emergency exits.

Because not all interior doors between passenger compartments are identical, the FAA has 

determined that the following requirements will produce an adequate level of safety:

a. To maximize the level of safety, doors in Category 2, 3, or 4, installed across the main 

cabin aisle, must open and close in a transverse direction. That is, the direction of motion 

of the door must be at a right angle to the longitudinal axis of the airplane. A “pocket 

door” is one example of such a design. This minimizes the chance that the inertia forces 

of an accident could force the door closed.

b. Redundant means are necessary to latch doors open for takeoff and landing. Each latching 

device must have the capability of retaining the door in the takeoff and landing position 

under the inertia forces of § 25.561.

c. Each interior door must be frangible, in the event that it is jammed in the closed position 

in flight or during taxi, takeoff, or landing. Frangibility is intended to ensure that if a door 

is jammed closed, occupants can escape in either direction and emergency equipment can 

be moved. Frangibility may be demonstrated in either of the following ways:
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 A 5th-percentile female can break through the door, creating a large enough 

opening that a 95th-percentile (or larger) male can pass through. See Advisory

Circular 25-17A, Transport Airplane Cabin Interiors Crashworthiness Handbook, 

paragraph 43b(2).

 A 5th-percentile female can break a hinge on the door or a hinge on a smaller door 

within the door such that the door can swing, so as to allow a 95th-percentile (or 

larger) male to pass through the opening with the door swung open. This 

evaluation must be made with any cabin furnishing or equipment installed that 

could limit the swing-arc of the door, furnishing and equipment of which is placed 

in the most adverse position. In using this approach, one must consider the 

possibility that the door is physically jammed in the closed position by distortion 

of the fuselage or furnishings. This possibility must be considered even if the door 

normally translates into the open and closed positions.

d. Doors that fall into Category 1 must be in the open position during taxi, takeoff, and 

landing, only when the room is occupied.

e. Doors that fall into Categories 2, 3, or 4 must be in the open position during taxi, takeoff, 

and landing, regardless of occupancy.

f. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and 

landing.

With respect to the possibility that a door remains closed when it should not be, we have 

determined that a higher level of awareness is required to address this issue. Due to the relative 

complexity of the cabin interior, we have determined that inspection by flight attendants prior to 

takeoff and landing is not sufficient to verify that interior doors are in a required open position. 

Consequently, some type of remote indication is considered necessary. The petitioner’s proposal 

to provide remote indication to the flight crew that these doors are in the open position during 

taxi, takeoff, and landing is considered adequate for doors that fall into Categories 1, 2, 3, and 4.

Doors in Category 5 do not need to comply with this requirement. For Category 5 doors, placards 

located on or near the door that indicate that the door must be closed for taxi, takeoff, and 

landing are acceptable.

Recently, the FAA has been made aware that some of these interior doors are power operated.

The applicant has confirmed that all of the interior doors on this airplane are manually operated. 

There are no powered interior doors installed on this airplane.

6. In-flight Aisle Width

The FAA has considered the requirement for in-flight width of the aisle in the context of privateuse airplanes and installed cabin furnishings (e.g., seat, table, or divider) that are movable during 

in-flight operations and would reduce the width of the aisle. This issue is clearly quite significant 

to the owner/operator of the airplane. The FAA has proposed a new policy statement, 

Compliance with the Aisle Width Requirements of § 25.815, that would address this issue. 
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However, that policy is limited to airplanes with 19 or fewer passenger seats. The subject 

airplane of this exemption has more than 19 passenger seats. The petitioner has stated that the 

airplane is intended for a VVIP/Government/Head-of-State, and the operation is limited to 

private-use only, not-for-hire, not-for-common-carriage service. We have determined that 

because the airplane is limited to this type of operation, some in-flight width-of-aisle relief would 

be acceptable, similar to what is described in the proposed policy statement.

7. Interior Materials

With respect to the flammability of interior materials, the petitioner has accurately summarized 

the requirements. The petitioner correctly notes that the requirements are related to prolonging 

the time available for evacuation from the airplane. This also includes the requirements of special 

conditions 25-368-SC, which addresses seats with non-traditional, large, non-metallic panels on 

the airplane. The panels on the subject airplane seats would need to meet the maximum heatrelease and smoke-emissions flammability requirements for large interior panels.

When the standards for heat release and smoke emissions of interior materials were developed, 

the FAA incorporated a discriminant based on passenger capacity. This approach was intended to 

address smaller airplanes where the ratio of exits to passengers is typically quite good and the 

evacuation times are expected to be quite low. Under these conditions, the benefits of improved 

materials were expected to be negligible. The airplane type discussed in the petition was not 

envisioned by the rulemaking insofar as the large size with low passenger count is concerned. We 

have considered the issue of the evacuation capability of the airplane relative to the flammability

of the materials and find that some relief may be possible. However, the issue of flammability is 

not limited to post-crash scenarios; the in-flight fire threat must also be addressed. We note that 

the petitioner has not proposed an alternative to the heat-release and smoke-emission standards,

but rather an exemption from the requirement to assess the heat release and smoke emissions of 

certain materials.

Because the main benefit of improved interior materials is to lengthen the time available for 

evacuation, an arrangement that effectively provides the same evacuation capability would satisfy

many of the concerns addressed by the requirement, albeit indirectly. The FAA has reviewed the 

full-scale, fire-test data used in developing the heat-release and smoke-emissions requirements, 

and also considered accident data relevant to this issue. This review is not complete, but it does 

suggest that a quantifiable improvement in evacuation capability could warrant a relaxation of 

the heat-release and smoke-emissions requirements.

The petitioner has proposed that an evacuation analysis be performed to show that all occupants, 

including crew, can be safely evacuated in less than 45 seconds. The FAA has determined that a 

45-second evacuation time would provide an acceptable level of safety over that allowed by the 

regulation and would allow a relaxation of the heat-release and smoke-emissions requirements. 

Precedent has been set for this decision, and it applies to other private-use airplanes. This also 

includes the requirements of special conditions 25-368-SC, which addresses seats with nontraditional, large, non-metallic panels on the airplane. The panels on the subject airplane seats 

would not need to meet the maximum heat-release and smoke-emissions flammability

requirements for large interior panels as part of this exemption.
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The major issue with respect to in-flight fires is timely recognition. On some airplanes, the 

interior includes isolated areas that do not lend themselves to timely detection of a fire. For the 

purposes of this exemption, an isolated passenger compartment is defined as a room that does not 

contain an egress path (e.g., main cabin aisle, cross aisle, or passageway), or that is isolated by a 

door. To address the in-flight case, the FAA believes that installing a smoke detector in such 

areas would compensate for the potential for an increased in-flight fire threat. To address the inflight case, the FAA believes that installing a smoke detector in such areas would compensate for 

the potential for an increased in-flight fire threat. Therefore, each isolated passenger 

compartment must incorporate a fire-detection system that meets the requirements of § 25.858. 

While this section is written for cargo-compartment fire-detection systems, the criteria contained 

therein are considered appropriate to this application.

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, Lufthansa Technik AG is hereby granted an exemption from 

14 CFR 25.785(h)(2), 25.785(j), 25.791(a), 25.791(d), 25.807(f)(4), 25.813(e), 25.815, and 

25.853(d) and special conditions 25-368-SC and 25-430-SC to the extent necessary to allow 

installation of an executive interior on a private-use, not-for-hire, not-for-common-carriage

Boeing 747-8 airplane, serial number 37500. Specifically, the exemption allows relief from the 

requirements for:

 Flight attendant direct view in the passenger compartment in areas such as meeting rooms, 

offices, bedrooms, lavatories, lounges, etc.; except that, in areas of the airplane where 

traditional seating arrangements are used, direct view should be provided.

 Firm handholds in the passenger compartment in areas such as meeting rooms, offices, 

bedrooms, lavatories, lounges, etc.; except that firm handholds are required in hallways and 

areas of the airplane where traditional airline seating is installed.

 Installation of no-smoking placards, visible to each seat in the passenger cabin, some of 

which are visible in the stairway between passenger decks as required by Special Conditions 

25-430-SC, condition no. 14.

 In-flight minimum aisle width.

 Interior doors between passenger compartments.

 Maximum heat-release and smoke-emissions flammability for large interior panels. This also 

includes the requirements of Special Conditions 25-368-SC, which addresses seats with nontraditional, large, non-metallic panels on the airplane. The panels on the subject airplane seats 

would need to meet the maximum heat-release and smoke-emissions flammability

requirements for large interior panels.
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This exemption is subject to the following conditions, and limitation numbers 1, 5, 6, and 7 must 

be documented in the Limitations section of the Airplane Flight Manual:

1. 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.

2. A majority of flight attendant seats must be oriented to face the passenger cabin.

3. No passenger emergency exit may be more than 60 feet from any adjacent passenger 

emergency exit on the same side of the same deck of the fuselage, as measured parallel to 

the airplane’s longitudinal axis between the nearest exit edges, unless the following 

conditions are met:

a. Each passenger seat must be located within 30 feet from the nearest exit on each 

side of the fuselage, as measured parallel to the airplane’s longitudinal axis,

between the nearest exit edge and the front of the seat bottom cushion.

b. The number of passenger seats located between two adjacent pairs of emergency

exits (commonly referred to as a passenger zone) or between a pair of exits and a 

bulkhead or a compartment door (commonly referred to as a “dead-end zone”), 

may not exceed the following:

i. For zones between two pairs of exits, 50 percent of the combined rated 

capacity of the two pairs of emergency exits.

ii. For zones between one pair of exits and a bulkhead, 40 percent of the rated 

capacity of the pair of emergency exits.

c. The total number of passenger seats in the airplane may not exceed 33 percent of 

the maximum seating capacity for the airplane model using the exit ratings listed 

in § 25.807(g) for the original certified exits, or the maximum allowable after 

modification when exits are deactivated, whichever is less.

d. A distance of more than 60 feet between adjacent passenger emergency exits on 

the same side of the same deck of the fuselage, as measured parallel to the 

airplane’s longitudinal axis between the nearest exit edges, is allowed only once 

on each side of the fuselage.

4. Each door between passenger compartments must be frangible.

5. Doors that fall into Category 1 must be in the open position during taxi, takeoff, and 

landing when the room is occupied.

6. Doors that fall into Categories 2, 3, or 4 must be in the open position during taxi, takeoff, 

and landing, regardless of occupancy of the room.
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7. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and 

landing.

8. Appropriate procedures must be established to both signal the flight crew in the event a 

door between passenger compartments is not in the proper position, and to prohibit taxi, 

takeoff, and landing. Doors in Category 5 do not need to comply with this requirement.

For Category 5 doors, installing placards located on or near the door, and indicating that 

the door must be closed for taxi, takeoff, and landing, is acceptable.

9. Doors between passenger compartments must have dual means to retain them in the open 

position. Each means must be capable of withstanding the inertia loads specified in 

§ 25.561. Doors in Category 5 do not need to comply with this requirement because they

are required to be closed for taxi, takeoff, and landing.

10. When materials are installed that do not comply with the requirements of Appendix F, 

parts IV and V, it must be shown that the passengers and crewmembers can be evacuated 

in 45 seconds or less under the conditions described in part 25, Appendix J. This also 

includes the requirements of Special Conditions 25-368-SC, which addresses seats with 

non-traditional, large, non-metallic panels on the airplane. The panels on the subject 

airplane seats are not required to meet the maximum heat-release and smoke-emissions 

flammability requirements for large interior panels.

11. A means to signal the flight crew must be in place in the event of a fire in an isolated 

passenger compartment, and the detection system must meet the requirements of 

§ 25.858(a) through (d).

12. Compliance with § 25.815 is required, except that aisle width may be reduced to 0 inches 

between any cabin furnishing (e.g., seat, table, or divider) during in-flight operations 

only, provided that all areas of the cabin remain easily accessible in the event of an 

emergency (e.g., in-flight fire or decompression), with interior furnishings in the most 

adverse positions. Accessibility must be demonstrated to the FAA by test or analysis 

supported by test data, or, in circumstances agreed to by the FAA, by inspection.

13. Aisle-width requirements of § 25.815 must be maintained during taxi, takeoff, and 

landing.

14. Any cabin furnishing (e.g., seat, table, or divider) that can be positioned to intrude into 

the aisle must be clearly placarded to be in the proper location (i.e., not intruding into the 

minimum required aisle width) during taxi, takeoff, and landing. The effectiveness and 

meaning of the placard must be demonstrated to be easily viewed and understood by

naïve test subjects.
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15. Smoking is prohibited on this airplane, and notification to the passengers must be 

provided by a placard so stating, to be conspicuously located inside the passenger 

compartment. The placard must be located in the immediate vicinity of each passenger 

entry door and easily visible to all persons entering the cabin.

Issued in Renton, Washington, on June 19, 2014.

/s/ Michael Kaszycki

Michael Kaszycki

Acting Manager, Transport Airplane Directorate

Aircraft Certification Service