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

In the matter ofthe petition of Exemption No. 12760

Associated Air Center Regulatory DocketNo. FAA-2015-1773 for an exemption from§§ 25.785(d), 25.785(h)(1), 25.813(e), and 25.815 of Title 14, Code ofFederal Regulations

PARTIAL GRANT OF EXEMPTION By letter dated July 23, 2015, Mr. Jose Mora-Vargas, Certification Director, Associated Air Center, 8321 Lemmon Avenue, Dallas, Texas, 75209,petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements of§§ 25.785(d), 25.785(h)(l), 25.813(e), and 25.815 ofTitle 14, Code ofFederal Regulations (14 CFR). This exemption, if granted, would permit relieffrom the requirements for firm handholds in the passenger compartment, flight attendant direct view, interior doors betweenpassenger compartments, and in-flight aisle width. The proposed exemption is specifically for the installation ofan executive interior on an Airbus Model A320-232 airplane, serial number 6659, designated as "private use, not for hire, not for common carriage." The petitioner requests relieffrom the following regulation(s): Section 25.785(d) at Amendment 25-51, requires, in pertinentpart, thatthere mustbe a firm handhold along each aisle. Section 25.785(h)(1) at Amendment 25-51, requires, in pertinentpart, that flight attendant seats must be located to provide a direct view ofthe cabin area. Section 25.813(e) at Amendment 25-46, requires that no door may be installed in any partition between passenger compartments. Section 25.815 at Amendment 25-38, requires minimum aisle widths in the passenger compartment.The petitioner supports its requestwith the following information: This section quotes the relevant information from the petitioner's request, with minor edits for clarity. The complete petition is available at the Department ofTransportation's Federal Docket Management System, on the Internet at http://regulations.gov, in DocketNo. FAA-2015-1773

. Background Associated Air Centerrequests that the reliefprovided for the airplanes covered by previously granted exemptions,relative to the subjectrequirements, be expanded to include the Airbus A320-232, 

### SIN 6659: 1. ExemptionNo. 8460, DocketNo. FAA-2004-18913, Grant ofExemption from §§ 25.785(d), and 25.813(e) for Boeing Model 747-400 airplane. 2. ExemptionNo. 10809, DocketNo. FAA-2013-0277, Partial Grant ofExemption from§§ 25

.785(h)(2), 25.7850), 25.813(e), 25.815, and 25.853(d) for Boeing Model 747-8 airplane. 3. Exemption No. 10686, DocketNo. FAA-2012-0707, Partial Grant ofExemption from§§ 25.785(h)(2), 25.7850), 25.791(a), 25.795, 25.813(e), 25.815, and 25.853(d) for Boeing Model 747-8 airplane. 4. ExemptionNo. 10879, DocketNo. FAA-2013-0015, Grant ofExemption from §§ 25.813(e) for Boeing Model 787-8 and -9 airplane. 5. ExemptionNo. 7489, DocketNo

.FAA-2000-8262, Partial Grant ofExemption from§§ 25

.785(h)(2), 25.807(d)(7), and 25.813(e) for Airbus Model A319CJ airplane. Note: 14 CFR 25.785(h)(1), at Amendment 25-51 and 14 CFR25.785(d), at Amendment 25-51 are the same as 14 CFR 25.785(h)(2) and 14 CFR 25.7850) at Amendment 25-72. Discussion The Federal Aviation Regulations (FARs) do not considerthe situation ofprivate use, not for hire, transport category airplanes, in the 14 CFRpart 25 requirements

. Those requirements are predicated on airline common carrier, commercial passenger operations, carrying fare paying passengers from the general public. Associated Air Centerbelieves that the design ofan airplane for private use, and the associated operation ofthe airplane in private use, shouldjustify an exemption, based onthe fact that 14 CFRpart 25 regulations do not currently cover or consider such a design and operation. The FAA position ofprevious exemptions listed above for the Boeing Models 747-400, 747-8, 787-8/-9, and Airbus A319 not requiring flight attendant direct view, firm handhold along each aisle, interior doors permitted with provisions, and minimum aisle 2width during non-critical flight phases, should also be granted to the Airbus Model A320- 232, Serial Number 6659. 

### 14 CFR25.785(h)(1): Flight attendant direct view. The requirement for flight attendant seats to be located to provide a direct view ofthe passenger cabin is not practical for compliance with executive type interior to be installed onthe Airbus A320-232 airplane. The complexity ofthe interior arrangement, coupled with the need to retain proximityto emergency exits is impractical to demonstrate compliance. Reference ExemptionNo. 10809, 10686, and 7489 for compliance method to the requirements identified in these exemptions. 

### 14 CFR25.785(d): Firm handholds along each aisle. The requirement for a firm handhold along aisles cannot be met for certain areas in the passenger cabin due to wide open spaces between individual seat backs which typically provide an adequate handhold. This is prevalent in dining rooms, lounges, offices, bedrooms, and lavatories. With the cabin spaciousness, there is a readily identifiable "aisle" throughout. Any feature hanging down from the ceiling would diminish the appearance ofthe high quality interior and is not acceptable to the customer. Reference ExemptionNo. 8460, 10809, and 10686 for compliance method to the requirements identified in these exemptions. 

### 14 CFR 25.813(e): Prohibits installation ofinterior doors between passenger compartments and emergency exits. Private areas or dining rooms will often need to span the whole cabin or a portion ofthe cabin in order to be practical. For such arrangements, privacy can only be provided by means ofdoors, and therefore, an exemption is needed to allow full use ofairplane capabilities without compromising safety for those onboard. Interior doors between passenger compartments and between the exits will be compliant with the requirements previously identified in ExemptionNo. 8460, 10809, 10686, 7489, and 10879. 

### 14 CFR25.815: Prohibits aisle width reduction during all phases offlight. Unlike typical commercial aircraft, private use airplanes (i.e., not for hire orcommon carriage) have seats that can be moved orrotated during flight operations. The seating can be reconfigured to accommodate meetings and other arrangements. Some ofthese arrangements can reduce the aisle widths belowthose specified in 14 CFR25.815. Advisory Circular (AC) 25-17A contains a "private use" provisionwhichprovided aisle width reduction acceptability only during en-route flight and only ifclear instructions are provided requiring that the seats be positioned for taxi, takeoff, and landing in an arrangement that meets the required aisle width. AAC proposes to be compliantwith the criteriaestablished in AC 25-17A for private use aircraft. Reference Exemption No. 10809 and 10686 for compliance method to the requirements identified in these exemptions. 3Basis for Exemption As stated inExemptionNo. 8460, 10809, 10686, 10879, and 7489, [Associated Air Center asserts] the FAA is aware thatthe precedenthas been established for otherprivate use narrow/wide body airplanes to be exempted from the subjectrequirements. Exemption will be in the American public interest. Approval ofthis request for certain exemptions for the Airbus Model A320-232 when configured for executive application, and operated under FARpart 91 orpart 125, is in the public interest ofthe people ofthe United States ofAmerica. 1. Giventhe proliferation ofexecutive configured transport category airplanes currently taking place, and anticipated in the near future, approval ofthese exemptions will enable the United States manufacturers oftransport category airplanes to effectively compete in this expanding market. 2. Additional sales ofUnited States manufactured airplanes outside ofthetraditional airline market, and completion ofmany ofthem atUnited States owned and operated aircraft completion facilities, will serve to increase the profitability of these manufacturers and their supplying/supporting companies. 3. Stability and improved financial performance ofthese United States companies gives greaterjob stability to the workers employed by the companies, causing a stabilizing influence to the United States economy, due to the consumer spending activities associated with stable workers. 4. Improved financial performance ofUnited States owned and operated corporations and increased work force stabilitytranslates to continued and improved local, state, and federal tax revenues which in tum adds to the stability ofthe total United States economy. 5. 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. 6. A large number ofthesetypes ofairplanes will probably be sold to "of fshore" clients, improving the United States balance oftrade. 7. Since the passengers aboard these airplanes will not be revenue paying customers ofthe airlines, there can be no degradation to airline passenger safety, and therefore no detrimental impact on the public at large. Conclusion As reference to the previously noted partial/granted exemptions, Associated Air Center seeks similarreliefwith the same provisions for the Airbus Model A320-232, SIN 6659 4airplane. In addition, AAC requests that the privileges ofthis exemption be extended outside ofthe United States.
Federal Register publication The FAA has determined that good cause exists for waiving the requirement for Federal Register publication for public commentbecause 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, ifgranted, would not set a precedent. Any delay in acting on this petition would be detrimental to Associated Air Center. TheFAA's analysis The FAA considers that granting this petition is in the public interest for the reasons stated by the petitioner and because the FAA is directed to take into accountthe type ofoperation when establishing standards under Title 49 ofthe United States Code (49 U.S.C. 4470l(d)). As more transport category airplanes have been configured (or reconfigured) for private use, the FAA has given considerable attention to the issue ofappropriate regulation ofsuch airplanes. Some ofthe current regulations governing design certification oftransport category airplanes are not compatible with private use ofsuch airplanes. Because ofthis, we have received a number of petitions for exemption from certainregulations. We have granted such exemptions when we find that to do so is in the public interest and does not adversely affect the level ofsafety provided by the regulations. Our analysis ofthis petition considered each ofthe following design features proposed by the petitioner. 1. Firm Handholds We have considered the requirement for firm handholds in the context ofprivate-use airplanes, and have determined that it would be impractical for this type ofoperation and interior configuration with meeting rooms, offices, bedrooms, lavatories, and lounges rather than traditional airline-type seating. However, in those areas ofthe airplane where traditional seating arrangements are used, the FAA believes that firm handholds should be provided. 2. Direct View The petitioner has identified the requirement for flight attendant seats to be located to provide a direct view ofthe passenger cabin as not practical for compliance with the executive-type interior to be used on this Airbus A320 airplane. The complexity ofthe interior arrangement, coupled with the need to retain proximity to emergency exits, is cited as the primaryreason that compliance is impractical. The FAA has considered the requirement for direct view in the context ofprivate-use airplanes and agrees that much ofthejustification for the requirement is based on air-carrier-type operations. The practicality oflocating flight attendant seats near emergency exits so that there is a direct view ofoccupants inside the rooms is questionable, at best. In this regard, we believe that some reliefmay be appropriate for airplanes intended for private use. However, we note that 

### 5thejustificationfor the requirement for direct view is not limited to observation ofpassengers that are not familiar with the interior. Flight attendant seats should be located so that a direct view is provided for the cabin area wheneverpractical. For example, flight attendant seats should not face away from the cabin. In those areas ofthe 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 ofthe operation ofa private-use airplane mitigates much ofthe need. That is, the operator has control of, and can restrict the population of, passengers, unlike an air carrier. The risk ofpassengers engaging in hazardous ormalicious activity is essentially eliminated, and the need for direct view is limited to those cases where a passenger might need assistance. We considerthatthis objective is met by requiring that a majority offlight attendant seats face the cabin. 3. Interior Doors The placement ofinterior doors is clearly quite significantto the owner/operatorofthe airplane. The flexibility to partitionthe airplane into individual rooms, such as private meeting rooms or bedrooms, is paramountto an acceptable interior. The FAA acknowledges the desirability of these features from the operator's point ofview. When the regulations pertaining to interior doors were adopted, they did not consider "rooms." They considered two possible types ofinterior 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 ofdoor 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 afterNovember 27, 2006, operated under 14 CFRpart 121. Amendments 25-116 and 121-306, titled "Miscellaneous Cabin Safety Changes," were published in the FederalRegister on October 27, 2004. Airplanes configured for private-use, not-for-hire, and not-for-common-carriage typically use any offive different door categories in the passenger cabins: Category 1: A door in a room and the room is less than the full width ofthe airplane. An aisle is outside the room. This type ofroom may be occupied during takeoffand landing, and only the occupants ofthe room must use the doorto reach an exit. Category 2: A door in a room that is the same as Category 1, except a single emergency exit orpair ofemergency 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) ofthe door(s), and the main aisle leads out of , orpasses through, the compartment. The compartment does not

6have emergency exits. This type ofcompartment may be occupied during takeoffand landing. Category 4: A door in a room and the room is the full width ofthe airplane. Passengers are seated onboth sides (fore and aft) ofthe door, and apair ofemergency exits is at one end ofthe room. This type ofroom may be occupied during takeoffand landing. Category 5: A door in a room that may be the full width ofthe airplane. This type of room is not occupied during takeoffand landing. This room is only occupied during flight. Passengers are not seated on both sides ofthe door during taxi, takeoff, and landing. Passengers seated in taxi, takeoff, and landing seats mustnot need to pass through this door to get to any emergency exits. Because not all interior doors betweenpassengercompartments are equivalent, the FAA has determined that the following requirements will produce an adequate level ofsafety:

a. To maximize the level ofsafety, doors in Category 2, 3, or4, installed across the main cabin aisle, must open and close in a transverse direction. That is, the direction ofmotion ofthe door must be at a right angle to the longitudinal axis ofthe airplane. A "pocket door" is one example ofsuch a design. This minimizes the chance that the inertia forces ofan accident could force the door closed. b. Redundant means are necessary to latch doors open for takeoffand landing. Each latching device musthave the capability ofretaining the door in the takeoffand landing position under the inertia forces of§ 25.561.

c. Each interior door must be frangible, in the eventthat it isjammedin the closedposition in flight or during taxi, takeoff, or landing. Frangibility is intended to ensure that ifa door isjammed closed, occupants can escape in either direction and emergency equipment can be moved

. Frangibility may be demonstrated in either ofthe following ways:

• A 5th percentile female can breakthrough the door, creating a large enough openingthat a 95th percentile (or larger) male can pass through. See Advisory Circular 25-17A, TransportAirplane Cabin Interiors Crashworthiness Handbook, paragraph 43b(2)

.
• A 5th percentile female can break a hinge onthe 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 ofthe door and placed in the most adverse position. In using this approach, one must considerthe possibility that the door is physically jammedin the closed position by distortion ofthe fuselage orfurnishings. This possibility must be considered even ifthe door normally translates into the open and closed positions. 7d. 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, or4 mustbe inthe open position during taxi, takeoff, and landing, regardless ofoccupancy. f. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and landing. With respectto the possibilitythat a doorremains closed when it should notbe, wehave determined that a higher level ofawareness is required to address this issue. Dueto the relative complexity ofthe cabin interior, we have determined that inspection by flight attendants prior to takeoffand landing is not sufficientto verify thatinterior doors are in a required openposition. Therefore, some type ofremote indication is necessary. The petitioner's proposal to provide remote indication to the flightcrew 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 withthis requirement. For Category 5 doors, placards located on ornear the doorthat indicate thatthe doormustbe closed for taxi, takeoff, and landing are acceptable. 

### 4. In-flight Aisle Width The FAAhas considered the requirement for in-flight width ofthe aisle in the context ofprivateuse airplanes and installed cabin furnishings (e.g., seat, table, ordivider) that are movable during in-flight operations and would reduce the width ofthe aisle. This issue is clearly quite significant to the owner/operator ofthe airplane. Policy StatementNo. PS-ANM-25.815-01 , Compliance with theAisle Width Requirements of§25.815, dated December 17, 2012, addresses this issue. However, thatpolicy is limited to airplanes with 19 or fewer passenger seats. The airplane that is the subject ofthis exemption has more than 19 passenger seats. The petitionerhas stated that the airplane is intended for private-use only, not-for-hire, and not-for-common-carriage service. We have determined that because the airplane is limited to this type ofoperation, in-flight reduction ofthe aisle width is acceptable. 

### The FAA's decision In consideration ofthe foregoing, I find that a partial grant ofexemption is in the public interest. Therefore, pursuantto the authority contained in 49 U.S.C. 40113 and44701 delegated to me by the Administrator, I grant Associated Air Centeran exemption from 14 CFR §§ 25.785(d), 25.785(h)(1), 25.813(e), and 25.815. The exemption is granted to the extent necessary to allow Associated Air Centerto install an executive interior on a private-use, not-for-hire, not-forcommon-carriage, Airbus Model A320-232 airplane, Serial Number 6659. Specifically, the exemption allows relieffrom the requirements for:

8• 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 ofthe airplane where traditional airline seating is installed.

• Flight attendant direct view in the passenger compartment in areas such as meeting rooms, offices, bedrooms, lavatories, lounges, etc.; exceptthat, in areas ofthe airplane where traditional seating arrangements are used, direct view shouldbe provided.

• Interior doors between passenger compartments.

• In-flight minimum aisle width. This exemption is subject to the following conditions and limitations. Items 1, 4, 5 and 6 below, must be documented in the limitations section ofthe 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 CFRparts 125 and 91, subpart F, as applicable. 2. A majority offlight attendant seats must be oriented to face the passenger cabin. 3. Each door betweenpassengercompartments must be frangible. 4. Doors that fall into Category 1 must be in the openposition during taxi, takeoff, and landing when the room is occupied. 5. Doors that fall into Categories 2, 3, or4 must be in the open position during taxi, takeoff, and landing, regardless ofoccupancy ofthe room. 6. Doors that fall into Category 5 must be in the closed position during taxi, takeoff, and landing. 7. Appropriate procedures mustbe established to both signal the flightcrew in the event a door betweenpassengercompartments is not in the properposition, and prohibit taxi, takeoff, and landing. Doors in Category 5 do not need to comply with this requirement. ForCategory 5 doors, placards located on ornearthe door that indicate the door must be closed for taxi, takeoff, and landing, is acceptable. 8. Doors between passenger compartments must have dual means to retain them in the open position. Each means must be capable ofwithstanding 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.

99. A means to signal the flightcrew must be inplace in the event ofa fire in an isolated passenger compartment, and the detection system must meet the requirements of § 25.858(a) through (d). 10. Compliance is required with § 25.815, except that aisle width may be reduced to zero inches between any cabin furnishing (e.g., seat, table, or divider) during in-flight operations only, provided that all areas ofthe cabinremain easily accessible in the event ofan emergency (e.g., in-flight fire or decompression) with interior furnishings in the most adverse positions. Accessibility mustbe demonstrated to the FAAby test, analysis supported by test data, or, in circumstances agreed to by the FAA, by inspection. 11. Aisle-width requirements of§ 25.815 must be maintained during taxi, takeoff, and landing. 12. Any cabin furnishing (e.g., seat, table, or divider) that can be positioned to intrude into the aisle must be clearlyplacarded to be in the proper location (i.e., not intruding into the minimum required aisle width) during taxi, takeoff, and landing.

Issued in Renton, Washington, on 

## Sfp032015



# ~-(l_. Jeffrey E. Duven Manager, Transport Airplane Directorate Aircraft Certification Service

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