**Exemption No. 11011**  **UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION**  **FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057**  **- 3356**  Inthe matter of the petition of **Lufthansa Technik AG** for an exemption from §§ 25.785(h)(2), 25.785(j), 25.791(a), 25.79 1(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 -**  **20 1**  **4 -**  **0 136** 

**GRANT OF EXEMPTION** By letter HAM TT/L , wa, dated March 31, 2014 , Mr . Michael Wagner , Project Manager Certification, Lu fthansa Technik AG, Weg Beim J äger 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 handhol ds in the passenger compartment; no smoking sign visibility

from each seat in the pas senger compartment; distance between exi ts; interior doors between passenger compartments; width of aisles ; and maximum heat - release and smoke - emissions flammability requirements for large interior panel s. 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. Lu fthansa Technik AG also requests exemption from the no - smoking sign requirements contained in S pecial C ondition 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, no t 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 –**  Require s firm handhold s along each aisle .2

**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 plac ard 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 o f the same deck of the fuselage. **Section 25.813(e), Amendment 25 -**  **46 –**  Requires that n o door be installed in any partition between passenger compartments. **S ection 25.815, Amendment 25**  **- 38**  **–** Requires minimum aisle widths in the passenger compartment. **Section 25.853( d**  **) , Amendment 25**  **- 83**  **–** Li mits 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 passenger seating materials. **Special Conditions 25 -**  **430 -**  **SC** , “No smoking sign in the s tairway 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 n o. FAA - 201 4 - 0 136 . **Discussion** Lu fthansa Technik AG (LHT) in Hamb urg (Germany ) has been contracted by

a customer for interior completion of VVIP business interi or in one Boeing 747 - 8 airplane designate d 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 non co mmercial/non - common - carriage VVIP service. Itis ty pically 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.3

The interior configuration ty pically installed result in a very small passenger population compared to for - hire or common - carriage standards. These passengers are ty pically 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 ty pe approved passenger load.  S F AR 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 simil ar requirements to an aircraft with higher passenger counts.  Similar exemptions have been routinely grant ed 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 request s relief from , and proposes a petition for exemption from , the following regulations: **14 CFR 2 5.785(h)(2)**  **at Amendment 25**  **- 88: Direct View**  This aircraft is designed to accommodate VVIP personnel and staff members. These ty pes of passengers require amenities such as meeting rooms, offices, bedrooms, lavatories, and lounges rather than traditional airline - ty pe seating. Furthermore , they require a high level of privacy

and security

that is normally

not available in ai rline - style interiors. An exemption to the flight - attendant direct - view requirement is therefore needed to allow the interior to meet thes e 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 interior4

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: Inlieu of the requirements of § 25.785(h)(2), to the extent practical without compromisin g proximity

to a required floor - level emergency exit, whereve r possible the installed flight - attendant s eats 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 env isioned 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 ty pical airline ’ s interior meets this requirement by

relying on th e 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:  Inthe various compartments seat backs, divan arms, tables, and furniture are readily within reach with one or two steps  All furn iture 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 no t cause injuries when contacted  Occupants are experie nced travelers and are generally famil iar with this aircraft interior **Requested Relief** LHT proposes to meet the requirements as stated similarly in SFAR 109 and various Exemptions as:5

Inlieu 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 aircraf

t 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 vari ous 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 c urrent 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 th e deactiv ated 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  Occupant s 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 emergenc y exit  The number of passenger s is substantially less (less than 33 percent) than the aircraft was originally

certified for6  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 emerge ncy

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

exit on the same side of the same deck of the fuse l age, as measured parallel to the airplane’s longitudinal axis between the neare s t exit edges, unless th e 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 passeng er 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 s eats 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, whic h ever 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 ea ch 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 two7

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

e xit #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  th e 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 feature s to unlock the door from either side without the use of a special tool  cockpit indication o f 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 fo r hire or offere d 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 p roposes to meet the requirements as stated in SFAR 109 and various Exemptions as:8  Inlieu 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 b etween any passenger seat, occup iable 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/limitatio ns 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 o f 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 ty pe 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 tool s .  Whe n 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 - fli ght 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 aisle s in - flight should be considered acceptable for the following reasons:  The number of passengers is substantially less than the aircraft was originally certified for9  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 onl y 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 e nsure 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 demonstrate s that:  All areas of the cabin are easily accessible by

a cre w member in the event of an emergency

(e.g., in - flight fire, decompression)  In structions 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, an d 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: H eat**  **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 interi ors do not comply with the heat - release and smoke - emission requirements of § 25.853(d).10

**Safety Considerations** The vast majority

o f 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 propag ation 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 app lication, 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 demo nstrated 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.  Addi ti onal sales of components manufactured in the United States even for VVIP interiors installed out side 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 stabil izing 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 and11 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 d evelopment, allowin g the United States to maintain or improve its competitive position in the world economy .  Foreign Heads - of

- State operating US - manufactured aircraft strengthens the pre eminent 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 appl i ed. There is no requirement that all portions of this Exemption be applied simultaneously . When the approved exemptio n 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 f or 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 Lu fthansa 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 ty pe 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 - confi gured) for private use, the FAA has given considerable attention to the issue of appropriate regulation of such airplanes. Some of the current regulations governing de sign certification of transport - category airplanes are12

not compatible with private use of such airplanes. Because of this, we have received several petitions for exemption from the se 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 reduce s the need for case - by- case review of individual peti tions for exemption for private - use airplanes within the limitation of SFAR 109 . The Boeing Model 747 - 8 airplane under consideration ha s a passenger seating capacity greater than the 60 - passenger seating limitation in SFAR 109 . T herefore, the SFAR is not applicable to th is airplane. Our analysis of this petition considere d 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 - ty pe 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 ty pe 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 v iew is not limited to observation of passengers who may not be fam iliar 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. Inconsidering the need for direct view, the FAA agrees that the restricted nature of the operatio n 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

eliminate d, 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 ty pe of operation and interior configuration with meeting rooms, offices, bedrooms, lavatories, and lounges rather than traditional airline - ty

pe seating . Inthose areas of the airplane where traditional seating arrangements are used, the FAA believes that firm handholds should be provided.13

**3. No smoking placards**  We have considered the requirement for having no - smoking placards visible from e ach 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 thi s requirement. **4. Distance between exits**  Indeveloping 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 limitation s 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 takeof f 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 room s, 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 co nsider “rooms.” They considered two possible ty pes of interior doors in a passenger compartment. The first ty pe is an interior door between passenger compartments. The second ty pe is an interior door between an exit and the passenger compartment. Until rec ently , only

the first ty

pe 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. Inaddition, Amendment 121 - 306 prohibits these doors in airplanes m anufactured 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 on14

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 privat e use, not for hire, and n ot for common carriage ty pically 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 ty pe 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 o r 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 ty pe 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 ty

pe 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 ty pe 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 pass enger 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 minimize s the chance that the inertia forces of an accide nt 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 do or 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:15  A 5 th

- percentile female can break through the door, creating a l arge enough opening that a 95 th

- percentile (or larger) male can pass through. See Advisory Circular 25 - 17 A , Tran sport Airplane Cabin Interiors Crashworthiness Handbook, paragraph 43b(2).  A 5 th

- percentile female can break a hinge on the door or a hinge on a smaller door within the door such that the door c an swing, so as to allow a 95 th

- 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 install ed 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 posi tions. 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 ty

pe 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 indicat e 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 doo rs installed on this airplane. **6. In**  **- flight**  **A isle**  **W i**  **dth** The FAA has considered the requirement for in - flight width of the aisle in the context of private use airplanes and installed cabin furnishing s (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 .16

However, that policy

is limited t o 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 ty pe 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 heat release 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 ty pically 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 ty pe 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 - emissi on 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 ef fectively 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 develop ing 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 petitio ner 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 ha s been set for this decision , and it appl ies to other private - use airplanes. 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 not need to meet the maximum heat - release and smoke - emissions flammability requirements for large interio r panels as part of this exemption .17

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 detec tor in such areas would compensate for the potential for an in creased in - flight fire threat. To address the i n 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. 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 considere d appropriate to this application. **The FAA’s decision** Inconsideration 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, Lu fthansa 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 condition s 25 - 368 - SC and 25 - 430 - SC to the extent necessary to allow installatio n of an executive interior on a private - use , not - for - hire, not - for - common - carriage Boeing 747 - 8 airplane , serial number 3 7500 . 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, i n areas of the airplane where traditional seating arrangements are used, direct view should be provided.  F irm 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.  In stallation of no - smoking placards , visible to each seat in the pass enger 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 - emiss ions flammability for large interior panels. This also includes the requirements of Special C onditions 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 heat - release and smoke - emissions flammability requirements for large interior panels.18

This exemption is subject to the following condition s , and limitation numbers 1 , 5 , 6, and 7 must be documented in the L imitations s ection of the A irplane F light M anual : 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 majori ty

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 p ercent 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, take off, 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.19

7. Doors that fall into Category 5 must be in the closed position durin g 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 landin g . 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 als o includes the requirements of Special C onditions 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 - emi ssions 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. Comp liance 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 o f 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

inspect ion. 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 m inimum 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.20

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 e asily

visible to all person s entering the cabin . Is sued in Renton , Washington, on June 19, 2014. /s/ Michael Kaszycki Michael Kaszycki Acting M anager , Transport Airplane Directorate Aircraft Certification Service