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March 7, 2011

In reply, refer to 8143

Docket Management Facility

U.S. Department of Transportation

1200 New Jersey Ave., S.E.

West Building Ground Floor

Room W12-140

Washington, DC 20590

REF: FAA Project ST5831NY -T, Interiors Installation in a Boeing B777-236, s/n 27108, 

registration # N702BA, BaySys project 8143.

SUBJECT - Petition for Exemption from the following Federal Aviation Regulations:

 14 CFR FAR § 26.47 (all) at Amendment 26-1, which requires Damage Tolerance Data 

for alteration and repairs to alterations performed on aircraft by holders of and applicants

for a supplemental type certificate.

 14 CFR FAR 26.49 (all) at Amendment 26-1, which requires submittal of plan to show 

compliance with the damage tolerance data requirements.

1 AIRPLANE MODEL. 

This petition for exemption is submitted for a Boeing B777-236 under this Supplemental Type 

Certificate project ST5831NY-T configured for ‘private, not-for-hire use’ and not offered for 

public conveyance. The applicable Type Certificate Data Sheet is T00001SE at amendment 20, 

dated July 31, 2007, with a certification basis of Part 25 of the FAR effective February 1, 1965, 

including Amendments 25-1 through 25-82 except 25.571(e)(1) which is at Amendment 25-71.

This project had originally been assigned to the LA ACO under former project number 

ST13309LA-T but has been transferred to the NY ACO under current project number 

ST5831NY-T. This is a single STC project.

This project is associated with and was granted Exemption 9741, Regulatory Docket# 

FAA-2008-0316.
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2 SUPPORTIVE INFORMATION.

General Background:

The Federal Aviation Regulations part 25 and 26 provide rules governing the design and the 

certification requirements of Transport Category Airplanes which are generally considered to be 

Commercial Aircraft being operated by airlines under FAR part 121 in the commerce of 

transporting fare paying passengers. For large measure, airplanes certified under part 25 do in 

fact fall into this type of operational category. There are, however, other types of use Transport 

Category Airplanes are created for that do not employ airplanes as revenue producing assets. 

Operations such as these may be called ‘private, not for-hire.’ 

Aircraft for use in these envisioned operations may have an interior configuration due to parts 91 

and 125 that are not compatible with certain part 25 or 26 rules, but whose intended 

configuration has still been shown safe. An exemption from certain requirements of FAR part 26

for these airplanes that are not for service to the general public is considered to be reasonable 

when not involved in common carriage when operated under FAR Part 91.

The aircraft in question is registered in the US. It will be operated under Part 91. This is a single 

STC project.

3 SPECFIC RELIEF

This Petition for Exemption includes a request for specific relief as follows:

Specific Relief Requested:

That this Boeing Model 777-200, when altered by ST5831NY-T, be granted exemption from the 

requirements of 14 CFR Part 26, §26.47 and §26.49 at amendment 26-1. 14 CFR 26.47 requires 

holders of and applicants for a supplemental type certificate to create damage tolerance 

evaluation and inspection criteria for any fatigue critical structural part that has been either 

installed or modified by that STC. 14 CFR 26.49 requires STC holders and applicants to submit 

a plan for compliance to the damage tolerance requirements of 14 CFR Part 26, in this specific 

case §26.47.

§26.47(all) at Amendment 26-1:

....”(a) Applicability. This section applies to transport category airplanes subject to §26.43.

(b) Fatigue critical alteration structure. For existing structural alteration data approved under a supplemental 

certificate, the holder of the supplemental certificate must—

(1) Review the alteration data and identify all alterations that affect fatigue critical baseline structure identified 

under §26.43(b)(1);

(2) For each alteration identified under paragraph (b)(1) of this section, identify any fatigue critical alteration 

structure;

(3) Develop and submit to the FAA Oversight Office for review and approval a list of the structure identified 

under paragraph (b)(2) of this section; and

(4) Upon approval, make the list required in paragraph (b)(3) of this section available to persons required to 

comply with §§121.1109 and 129.109 of this chapter.
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(c) DT Data. For existing and future alteration data developed by the holder of a supplemental type certificate 

that affect fatigue critical baseline structure identified under §26.43(b)(1), unless previously accomplished, the 

holder of a supplemental type certificate must—

(1) Perform a DTE and develop the DTI for the alteration and fatigue critical baseline structure that is affected 

by the alteration;

(2) Submit the DT data developed in accordance with paragraphs (c)(1) of this section to the FAA Oversight 

Office or its properly authorized designees for review and approval; and

(3) Upon approval, make the DTI available to persons required to comply with §§121.1109 and 129.109 of this 

chapter.

(d) DT Data for Repairs Made to Alterations. For existing and future repair data developed by the holder of a 

supplemental holder of a supplemental type certificate, the holder of a supplemental type certificate must—

(1) Review the repair data, and identify each repair that affects any fatigue critical alteration structure identified 

under paragraph (b)(2) of this section;

(2) For each repair identified under paragraph (d)(1) of this section, unless previously accomplished, perform a 

DTE and develop DTI;

(3) Submit the DT data developed in accordance with paragraph (d)(2) of this section to the FAA Oversight 

Office or its properly authorized designees for review and approval; and

(4) Upon approval, make the DTI available to persons required to comply with §§121.1109 and 129.109 of this 

chapter.

(e) Compliance times. Holders of supplemental type certificates must submit the following to the FAA Oversight 

Office or its properly authorized designees for review and approval by the specified compliance time:

(1) The list of fatigue critical alteration structure required by paragraph (b)(3) of this section must be submitted 

no later than 360 days after January 11, 2008.

(2) For alteration data developed and approved before January 11, 2008, the DT data required by paragraph 

(c)(2) of this section must be submitted by June 30, 2009.

(3) For alteration data developed after January 11, 2008, the DT data required by paragraph (c)(2) of this 

section must be submitted before approval of the alteration data and making it available to persons required to 

comply with §§121.1109 and 129.109 of this chapter.

(4) For repair data developed and approved before January 11, 2008, the DT data required by paragraph (d)(2) 

of this section must be submitted by June 30, 2009.

(5) For repair data developed and approved after January 11, 2008, the DT data required by paragraph (d)(2) 

of this section, must be submitted within 12 months after initial approval of the repair data and before making 

the DT data available to persons required to comply with §§121.1109 and 129.109 of this chapter.”....

§26.49(all) at Amendment 26-1:

 “(a) Compliance plan. Except for applicants for type certificates and supplemental type certificates whose 

applications are submitted after January 11, 2008, each person identified in §§26.43, 26.45, and 26.47, must 

submit a compliance plan consisting of the following:

(1) A project schedule identifying all major milestones for meeting the compliance times specified in §§26.43(f), 

26.45(e), and 26.47(e), as applicable.

(2) A proposed means of compliance with §§26.43, 26.45, and 26.47, as applicable.

(3) A plan for submitting a draft of all compliance items required by this subpart for review by the FAA 

Oversight Office not less than 60 days before the applicable compliance date.

(b) Compliance dates for compliance plans. The following persons must submit the compliance plan described in 

paragraph (a) of this section to the FAA Oversight Office for approval on the following schedule:

(1) For holders of type certificates, no later than 90 days after January 11, 2008.
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(2) For holders of supplemental type certificates no later than 180 days after January 11, 2008.

(3) For applicants for changes to type certificates whose application are submitted before January 11, 2008, no 

later than 180 days after January 11, 2008.

(c) Compliance Plan Implementation. Each affected person must implement the compliance plan as approved in 

compliance with paragraph (a) of this section”...

Discussion:

Transport Category Airplanes intended for private use, and this aircraft in particular, have the 

following features which encourage special consideration for unique certification requirements:

a. Operation of this aircraft is limited to private use, certified to be operated under the rules 

outlined in 14 CFR Part 91, and does not include a public passenger or cargo for-hire 

commercial service. 

b. In most cases the passenger configuration of the airplane is less than 30% of that of a 

traditional commercial airline configuration (and in the case of wide-body airplanes, may be 

less than 20% of the maximum certified capacity). For this particular airplane, 777-200, the 

maximum passenger load per TCDS is 440, while there are 63 passenger seats proposed in 

this project, or less than 15% of maximum per TCDS.

c. Flight and cabin crews will be intimately familiar with the particular configuration of the 

airplane, the interior arrangement, emergency equipment provided, and the location and 

operation of the emergency exits. This is as opposed to those cases possible in a commercial 

airline where many different types of airplanes may be in use by a single operator, and many 

different interior configurations of a single airplane type may be operated by a single air 

carrier operation. 

d. This request is similar to other requests for transport category airplanes used in private 

operation that have been granted an exemption from the requirements of 14 CFR §§26.47

and 26.49; those are similarly being operated under Part 91 operating rules and are in 

service in a “not-for hire nor common carriage” capacity. 

e. The current configuration of the aircraft is such that it is highly unlikely that the aircraft will 

return to service under the operating rules of 14 CFR Part 121 and/or the rules of Part 129.

f. The FAA has previously granted exemptions, for transport category airplanes operated in 

private use that are similar to those requested in this petition for exemption

g. The FAA has developed criteria to consider when deciding whether to grant or deny a design

approval holder's (DAB) petition for exemption from part 26 requirements. These criteria were

meant as a general guide to making decisions about such requests and were not developed for any 

specific request. The FAA uses these criteria as a starting point for making its decision. However, 

other factors may also be considered before a final decision is made on any particular exemption 

request. The criteria are given in Table 1 below. We cite item 1 of the table as the case for 

considering the eligibility for exemption from the requirements of §§26.47 and 26.49 of this 

specific aircraft. 
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Table 1 Criteria for Considering Eligibility for Exemption 

from §§26.11, 26.43, 26.45, 26.47, or 26.49

If the 

Airworthiness 

authority for the 

state of design is

And And And Then

1 The FAA No Airplanes are 

operated under part 

121 and it is unlikely 

that any will do so in 

the future3

No airplanes are 

operating under part 

129 (N-registered) and 

it is unlikely that any 

will do so in the 

future3

No airplanes are being 

operated by a foreign 

air carrier and it is 

unlikely that any will 

do so in the future3

The DAH may be 

eligible for an 

exemption

2 The FAA Airplanes are 

operating under part 

121 but no airplanes 

will be operated under 

part 121 after the 

operational rule 

compliance date1 and 

it is unlikely that any 

will return to such 

service in the future3

Airplanes are 

operating under part 

129 (N-Registered) 

but no airplanes will 

be operated under part 

129 after the 

operational rule 

compliance date1 and 

it is unlikely that any 

will return to such 

service in the future3

Airplanes are being 

operated by a foreign 

air carrier but no 

airplanes will be 

operated by a foreign 

air carrier after the 

operational rule 

compliance date1 and 

it is unlikely that any 

will return to such 

service in the future3

The DAH may be 

eligible for an 

exemption

3 Not the FAA No Airplanes are 

operated under part 

121 and it is unlikely 

that any will do so in 

the future3

No airplanes are 

operating under part 

129 (N-registered) and 

it is unlikely that any 

will do so in the 

future3

The DAH may be 

eligible for an 

exemption

4 Not the FAA Airplanes are 

operating under part 

121 but no airplanes 

will be operated under 

part 121 after the 

operational rule2

compliance date and it 

is unlikely that any 

will return to such 

service in the future3

Airplanes are 

operating under part 

129 (N-Registered) 

but no airplanes will 

be operated under part 

129 after the 

operational rule2

compliance date and it 

is unlikely that any 

will return to such 

service in the future3

The DAH may be 

eligible for an 

exemption

1

The design approval holder must demonstrate that these airplanes will not be operating under part 121 or part 129, or operated by a foreign 

air carrier, after the operational rule compliance date by obtaining documentation of such from the current owners and operators of the 

airplane(s).

2 The design approval holder must demonstrate that these airplanes will not be operating under part 121 or part 129 after the operational rule 

compliance date by obtaining documentation of such from the current owners/operators of the airplane(s). 3 Arguments for the likelihood of an airplane not entering into air carrier service in the future should center on the airplanes age and or 

current configuration.

h. A letter from the operator stating the operation of the aircraft will fall under 14 CFR Part 

91 rules is provided with this exemption petition, see attachement.
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Mitigation:

The following measures are proposed to mitigate impact from this request.

a. The airplane is not operated for hire, or offered for common carriage, nor is it likely to be in 

the future. The airplane will not, without a new STC and costly extensive work, be able to 

operate in a manner to support common carriage.

b. The applicable damage tolerance requirements of 14 CFR 25.571 are being addressed in 

accordance with the submitted project specific certification plan for STC project 

ST5831NY-T.

4 PUBLIC INTEREST.

a. BaySys Technologies, LLC is a small and growing company based in Virginia that provides 

engineering, certification and installation on part 25 aircraft. BaySys is the parent company 

of two part 145 Repair Stations at Wallops Island, VA and at San Bernardino, CA. The 

company employs over 100 US citizens as direct employees and numerous contract 

personnel, and provides strong support to the local economies where these employees and 

facilities are located. Moreover, our facility and operations in the Virginia area are a 

cornerstone in a project led by the County of Accomac, the State of Virginia and universities 

teamed with the NASA Wallops Flight Facility in Virginia to create a new Wallops 

Research Park. The stated purpose of the Park is to promote aerospace-related activities 

and research and related educational activities that will promote real and sustainable 

economic growth in this county. BaySys is privileged to be a partner in these efforts. Our 

success in an extremely competitive global economy will have a significant positive impact 

on the local and regional economy. 

b. The project in question on this B777 is a case of the special VIP market in which BaySys 

works. Owners and operators require configurations that use interior cabin space in ways 

not anticipated in the original TCDS configurations which include open spaces, lounges, 

dining areas, etc. In order to satisfy the customer requirements and maintain our marketing 

competitiveness, BaySys Technologies, LLC seeks to accommodate a private compartment 

configuration that maximizes use of space while providing an adequate level of safety for a 

restricted numbers of VIP passengers. 

c. Granting this exemption will avoid a significant negative impact on income that would have 

a negative impact on both the local and regional economies.

d. Approval of these exemptions will enable this Virginia company working on Transport 

Category Airplanes to effectively compete in this global market.

e. Stability and improved financial performance of this Virginia company gives greater job 

stability to workers employed, thereby providing a stabilizing influence to the greater 

regional and the larger US economy due to the increased consumer spending capacity 

associated with stable workers.
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f. Improved financial performance of Virginia owned and operated corporations and increased 

workforce stability translates into continued and improved local, state, and federal tax 

revenues, which in turn add to the stability of the overall United States economy. 

g. This project is work for an “offshore” client, improving the United States’ balance of trade.

h. Since the passengers aboard these airplanes will not be revenue paying customers of 

commercial for-hire airlines, there can be no degradation to airline passenger safety and 

therefore no detrimental impact the public at large. 

i. If this exemption is to be granted it would represent significant cost savings, not only for the 

applicant, but also for the FAA. The savings for the FAA are realized by the reduced time 

and resources spent in the review and approval of the data related to the requirements for 

issuance of this STC. This allows the FAA to better expend time and resources on matters 

related to Part 26 aircraft that are being operated under 14 CFR 121 or 14 CFR 129.

5 REQUEST FOR WAIVER OF PUBLICATION. 

BaySys Technologies, LLC. believes that good cause exists, in accordance with 14 CFR §11.87, to 

waive the publication and comment requirements of 14 CFR part 11, §11.85. In particular we feel 

that the intent of this petition, the reasons presented, and the relief requested is effectively identical 

to those exemptions previously granted by the FAA. Therefore this request will not set a precedent

In addition the request for exemption does not impact the public interest as the aircraft for which 

relief is being sought does not operate under the same requirements as dictated under FAR Part 121 

and 129 which are rules for use of aircraft under common carriage. Accordingly BaySys 

Technologies requests a waiver of the normal publication and comment period.

6 SUMMARY. 

The following summary is presented in support of publication in the Federal Registry.

a. Sections of 14 CFR affected: §§26.47 (all) and 26.49 (all) at amendment 26-1.

b. Descriptions of relief sought: Petitioner requests relief from the requirements of §§26.47

and 26.49 at amendment 26-1.

BaySys Technologies respectfully submits this Petition for Exemption for this project ST5831NY-T. 

We believe that the mitigations we have presented will provide a level of safety adequate to protect 

the passengers in this VIP configured aircraft.