Exemption No. 9506

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

In the matter of the petition of

DASSAULT AVIATION

for an exemption from § 25.813(e) of Title 14, Code of Federal Regulations Regulatory Docket No. FAA-2007-27848

GRANT OF EXEMPTION

By letter dated March 13, 2007, Mr. G. Garrous te, Director of Certification, DASSAULT AVIATION, 78, quai Marcel Dassault, 92214 St Cloud Cédex - France, petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements of § 25.813(e) of Title14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit relief from the requirement that prohibits the installation of interior doors between passenger compartments on DASSAULT AVIATION Falcon 7X airplanes that have been designated as not operated for hire or offered for common carriage (commonly referred to as “private use”).

The petitioner requests relief from the following regulations:

Section 25.813(e), Amendment 25-46 - Prohibits installation of interior doors between
passenger compartments.

The petitioner's supportive information is as follows:

On behalf of Falcon 7X owners/operators, DASSAULT AVIATION petitions for an exemption from 14 CFR 25.813(e) to allow the installation of a latchable sliding door which can be stored in a cabin partition during takeoffs, landings and emergency conditions. When latched the door permits totally free access to the cabin aisle and emergency exits.

DASSAULT AVIATION is proposing alternative design requirements to provide a level of safety appropriate to the operation of such aircraft which are equipped with cabin partitions with doors. DASSAULT AVIATION recognizes that previous exemptionsissued by the FAA perm it installation of doors between passenger com p artm ents provided that certain lim itations are m e t on those aircraft.

Background

The Falcon 7X is designed to m eet the requirem e nts of 14 CFR part 25 for Transport Category aircraft. These rules basically address transport category airplanes used for the carriage of fare paying passengers from the general public in aircraft with a large passenger seating capacity (up to 555 passengers). In contrast, the Falcon 7X will be type certified for a m a xim u m of 19 passengers (average capacity of 12).

Business aircraft generally carry passengers who are used to traveling in sm aller aircraft. Also, unlike a large airliner, the crew of a business aircraft have day-to-day contact with their passengers, thus sim p lifying and reinforcing com m unication about safety concerns.

Additionally, the fact that these aircraft are generally operated by a lim ited num ber of

crewm e m b ers who are very fam iliar with the specific aircraft involved further enhances the safety environm ent. Therefore, these factors provide a level of safety that is not easily achieved in com m e rcial carrier aircraft. In order to m a intain a high level of safety, we have incorporated m echanical features in our cabin door design which will enhance the safety of the Falcon 7X aircraft equipped with a partition and door dividing the passenger seating area.

Considering latest grant of exem ptions dealing with § 25.813(e), DASSAULT AVIATION understands that the notification “each passenger m u st be inform ed that the airplane does not com p ly with occupant safety requirem e nts m a ndated for the airplane type in general” has becom e unnecessary in accordance with FAA exem ptions No.°8123
and 8199.

Description of the partition and door

1. The cabin of the Falcon 7X is approxim a tely 7 feet wide (sim ilarity with Mystere Falcon 900 /Falcon 900EX). Thus, som e custom ers request dividing the cabin full width laterally to produce a private area because a side corridor is im practical. The doors to be installed would be sliding pocket doors retracting into the partition on one side of the aircraft, and would be frangible.

2. Only one partition of the passenger seating area with a door installed would be

perm itted. The proposed door would have a placard requiring it to be open for take-off and landing. Any other partitions of the passenger area would be closed with a curtain.

3. The door would also be equipped with redundant m eans of locking it in the open position, such that the probability of unlocking due to distortion of the fuselage in an

em ergency landing would be m i nim i zed. Either m eans will be capable of supporting the inertia loads specified in § 25.561.

24. By sim ilarity to the lavatory-door, the door between passenger com p artm ents will allow persons on either side of the door to unlock or unlatch the door without the use of tools (regardless of where it is located in relation to the em ergency exits).

5. Furtherm ore, lighted signs will be insta lled on the forward and aft face of the partition stating that the door m u st be open for takeoff and landing. An am ber light will be installed in the cockpit. The lighted signs and warning will be controlled by the cockpit
“No Sm oking” switch and will be on whenever the “No Sm oking” signs are on and the
door is closed.

Public Interest

DASSAULT AVIATION believes that the installation of the com b ination latchable sliding door and cabin partition is in the public' s best interest. It will perm it the conduct
of im portant business m eetings, which because of their sensitivity, require an atm o sphere
of com p lete privacy.

It is a well established fact that an enorm ous am ount of com m e rcial activity occurs on
board the United States business aviation fleet. Such com m e rcial activity, including private business m eetings where im portant com m e rcial decisions are m a de, are vital to

m a intaining the com p etitiveness and overall strength of the U.S. econom y (Business Aircraft Utilization Strategy - NBAA)

.

The granting of this exem ption will perm it the m o st ef f i cient use of the aircraf t cabin f o r business m eetings and other com m e rcial activities. Further, the granting of the petition
will allow better and m o re com f ortable rest area accom m odations for busy executives and physically challenged passengers. In addition, note that sick or infirm ed passengers
could be m o re com f ortably transported with the divided cabin configuration.

According to the FAA web site, other business use jets have received an exem ption from § 25.813(e). For exam ple, BD700-IA10 reference FAA Docket 29819, and other

exem ptions to m odels with larger passenger capacity and m o re com p licated floor plans than the DASSAULT Falcon 7X. Granting DASSAULT AVIATION’s petition f o r

exem ption from § 25.813(e) would give DASSAULT AVIATION and its subsidiary
DASSAULT Falcon Jet the sam e advantage in the com p etitive aviation m a rketplace for
executive aircraft as other aircraft m a nufacturers.

A grant of exem ption from § 25.813(e) would continue to keep workforce em ployed. W e have alm o st 2000 em ployees in Little Rock, Arkansas, and Teterboro, New Jersey. In addition, DASSAULT AVIATION would conti nue purchasing from the hundred of vendors across the country who supply parts and labor in connection with the sales of our
aircraft.

3Reasons w h y granting the exemption w ill not adversely affect safety

The effect of the safety features described above will ensure that there is always a clear path through the partition to an em ergency exit. The frangibility feature will be tested using a 5th percentile fem a le, and the resulting aperture dem onstrated to be large enough
to allow f o r a 95th percentile m a le to escape.

Because the basic issues concerning a passenger finding and reaching an exit in an

em ergency are addressed by the above features as well as the previously described safety

param e ters, it is our position that the exem ption as requested would provide a level of safety for the passengers in a Falcon 7X which is equivalent to that required for

com m e rcial carrier aircraft.

For these reasons, we believe the exem ption requested is clearly warranted.

Operation outside the United States

Considering the m u ltitude of countries in which Falcon 7X should be will be sold and operated, it is very likely that this exem ption will be recognized by som e other countries that usually agree with the FAA position.

Public interest

The FAA acknowledged that while a grant of exem ption is clearly in the interest of the

segm ent of the public for which it is requested, the FAA agrees that the public at large has the potential to benef it by granting increased f l exibility to the m a nuf acture and

m odification of the Dassault Falcon 7X.

DASSAULT AVIATION’s com p lete petition f o r exem ption is available on the Departm e nt of Transportation’s docket website. Go to http://dm s .dot.gov . The docket

num ber is FAA-2007-27848.

Public comment

A sum m a ry of this petition was not published in the Federal Register . The nature of this

exem ption is ef f

ectively identical to those of previous petitions f o r which there were no public com m e nts received.

The FAA’s analysis/summary is as follow s :

As m o re and m o re 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. Som e of the current regulations governing design certification of transport category airplanes ar e not com p atible with private use of such airplanes. Given this situation, the FAA has received a num ber of petitions for

exem ption from certain regulations. The FAA has granted such exem ptions when it finds

4that to do so is in the public interest and does not adversely affect the level of safety provided by the regulations. W e recently published a Notice of proposed rulem a king, Notice No. 07-13, Special Requirem e nts for Pr ivate Use Transport Category Airplanes (72 FR 38732, July 13, 2007), which, if prom ulgated, would obviate the need for caseby-case review of individual petitions for exem ption.

The FAA considers the petitioner’s proposal to be in the public interest. The use of doors to create separate “room s” within the passenger cabin allows sensitive and im portant

m eetings to be conducted during air travel in a m a nner that would not be possible without the placem ent of doors between passenger areas. Such room s allow efficient and safe carriage of executives in an environm ent that would not be possible otherwise. In addition, the sm aller num ber of passengers and the fam iliarity of the flight and cabin crews with this airplane and its interior ensure that there is an adequate level of saf e ty. For these reasons, there is considerable dem a nd for this configuration of the passenger cabin for private use airplanes. The FAA acknowledges the desirability of these features
from the operator’s point of view.

W h en the regulations pertaining to interior doors were adopted, they did not necessarily
consider “room s.” They considered two possible types of interior doors in a passenger

com p artm ent. The first type is an interior door between passenger com p artm ents. The second type is an interior door between an exit and the passenger com p artm ent.

Until recently, only the first type of door was prohibited (reference § 25.813(e)). However, part 25, as am ended by Am endm ent 25-116, now prohibits interior doors between an exit and the passenger com p artm ent. In addition, Am endm ent 121-306 prohibits these doors in airplanes operated under 14 CFR part 121 that were

m a nufactured after Novem b er 27, 2006. Am endm ents 25-116 and 121-306, titled “Miscellaneous Cabin Safety Changes,” were published in the Federal Register on October 27, 2004 (69 FR 62778).

In term s of airplanes configured for private use, there are four different categories of doors in the passenger cabins.

Category 1 — A door in a room that is less than the full width of the airplane. There
will be an aisle on the outside of the room . This type of room m a y be occupied during takeoff and landing, and only the occupants of the room m u st use the door to reach an
exit.

Category 2 — A door in a room less than the full width of the airplane and the sam e as a Category 1 door except there is a single em ergency exit or pair of em ergency exits within the room

.

5Category 3 — A door or doors in a room that is the full width of the airplane. There are passengers seated on both sides of the door(s) and the m a in aisle leads out of or passes through the room . The room does not have any em ergency exits. This type of

room m a y be occupied during takeoff and landing.

Category 4 — A door in a room the full width of the airplane and the sam e as a Category 3 door except there is a pair of em ergency exits at one end of the room . This type of room m a y be occupied during takeoff and landing.

After considerable deliberation, the FAA has concluded that, in regard to the installation of interior doors between passenger com p artm ents, not all interior doors are equivalent.

W ith respect to such interior doors, the FAA has determ ined that the following requirem e nts will produce an adequate level of safety:

1. In order to m a intain an acceptable level of safety, doors in Category 2, 3, or 4
installed across the m a in cabin aisle m u st open and close in a transverse direction. That is, the direction of m o tion of the door m u st be at a right angle to the longitudinal axis of the airplane. A “pocket door” is one exam ple of such a design. This will tend

to m i nim i ze the chance that the inertia forces of an accident could force the door
closed.

2. Redundant m eans are necessary to latch doors open for takeoff and landing. Each latching m eans m u st have the capability of retaining the door in the takeoff and landing position under the inertia forces of § 25.561.

3. Each interior door m u st be frangible, in case it is jam m e d in the closed position in flight or during taxi, takeoff, or landing. Frangibility is intended to ensure that if a door is jam m e d closed, occupants can break it open and escape in either direction and

em ergency equipm ent can be m oved. Frangibility m a y be dem onstrated in either of
the f o llowing ways:

• A 5 th percentile fem a le can break through the door, creating a large enough opening
that a 95 th percentile (or larger) m a le can pass through. (See Advisory Circular 25-17, “Transport Airplane Cabin Interiors Crashworthiness Handbook,” paragraph 43b(2)).

• A 5 th percentile fem a le can break a hinge on the door or a hinge on a sm aller door within the door so that the door can swing enough to allow a 95 th (or larger) percentile m a le to pass through the opening with the door swung open. This
evaluation m u st be m a de with any cabin furnishing or equipm ent that could lim it the swing arc of the door installed and then placed in the m o st adverse position. In using this approach, one m u st consider the possibility that the door is physically jam m e d in the closed position by distortion of the fuselage or furnishings. This possibility m u st be considered even if the door norm a lly translates into the open and closed positions.

64. Doors which fall into Category 1 m u st be in the open position during taxi, takeoff and landing only when the room is occupied.

5. Doors which fall into Categories 2, 3, or 4 m u st be in the open position during taxi, takeoff and landing, regardless of occupancy.

6. W ith respect to the possibility that a door will rem a in closed when it should not be,
the FAA has determ ined that a higher level of awareness is required to address this
issue. Due to the relative com p lexity of the cabin interior, the FAA has determ ined that inspection by flight attendants prior to takeoff and landing is not sufficient to verify that interior doors are in the proper position. Consequently, som e type of

rem o te indication is considered necessary. The petitioner’s proposal to provide

rem o te indication to the flightcrew is considered adequate.

In consideration of the foregoing, I find that a grant of exem ption is in the public interest. Therefore, pursuant to the authority contained in § 49 U.S.C. §§ 40113 and 44701, delegated to

m e by the Adm i nistrator, DASSAULT AVIATION is granted an exem ption from 14 CFR 25.813(e), Am endm ent 25-46. The petition is granted to the extent necessary to allow
DASSAULT AVIATION to install an interi or door on private use DASSAULT AVIATION Falcon 7X airplanes. The exem ption allows interior doors to be installed between passenger

com p artm ents. This exem ption is subject to the following conditions. Provisions 1 and 5 m u st
be docum ented as operating lim itations in the Lim itations section of the Airplane Flight Manual.

1. The airplane is not operated for hire or offered for com m on carriage. This provision does not preclude the operator from receiving rem uneration to the extent consistent with 14 CFR parts 125 and 91, subpart F, as applicable.

2. Each door between passenger com p artm ents m u st be frangible.

3. Doors that fall into Category 1 m u st be in the open position during taxi, takeoff and landing only when the room is occupied or when passengers m u st pass through the

room to reach an em ergency exit.

4. Doors that fall into Categories 2, 3, or 4 m u st be in the open position during taxi, takeoff and landing, regardless of occupancy.

5. Each door between passenger com p artm ents m u st have a m eans to signal to the flightcrew when the door is closed. Appropriate procedures/lim itations m u st be established to ensure that takeoff and landing is prohibited when such com p artm ents are occupied and the door is closed.

76. Doors between passenger com p artm ents m u st have dual m eans to retain them in the open position, each of which m eans m u st be capable of withstanding the inertia loads specified in § 25.561.

7. Doors in Categories 2, 3, or 4, which are installed across a longitudinal aisle, m u st translate laterally to open and close.

Issued in Renton W a shington, on Septem ber 27, 2007.

/s/
Ali Bahram i Manager Transport Airplane Directorate
Aircraft Certification Service

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