The Art of Technology

24233 Lankford Highway Accomac, VA 23301 1 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 March 7, 2011 In reply, refer to 8143

Docket Management Facility

U.S. De part ment of Transportation 1200 New Jersey Ave., S.E. West Building Ground Floor

Room W12

- 140 Washington, DC 20590

REF : FAA Project ST 5831NY

- 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

f

or 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 re quirements.

1 AIRPLANE MODEL

.

This petition for exemption is submitted for a Boeing B777

- 236 under this S upple mental T ype C ertificate project ST5831NY

- T configured for ‘ p rivate, not

- for

- hire use’ and not offered for public conveyance. The applicable Typ e 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 Amendment s 25

- 1 through 25

- 82 except 25.571(e)(1) which is at Amendment 25

- 71

.

This project h ad 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

.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 2 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 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 co nsidered 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 ar e, 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 .’

A ircraft for use in these envisioned operations may h ave an interior configuration due to p art s 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 2 6 for these airplanes that are not for service to the general public is considered to be reasonable when not involved in common carriage when o perated under FAR P art 91

.

T he aircraft in question is registered in the US. It will be operated under Part 91. This is a single STC projec t.

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 modi fied 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 app lies 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.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 3 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 (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 para graphs (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 D T 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 1 29.109 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 fat igue 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 per sons 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 develo ped 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 m eans 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) Com pliance 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.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 4 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 (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 day s after January 11, 2008.

(c) Compliance Plan Implementation. Each affected person must implement the compliance plan as approved in compliance wit h 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, an d 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 b e less than 20% of the maximum certified capacity). For this particular airplane, 777

- 200, the maximum passenger load per TCDS is 4 40 , while there are 63 passenger seats proposed in this project, or less than 1 5 % of maximum per TCDS.

c. Flight and cabin crew s 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

airli ne 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 ai r 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 requiremen ts 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 th is 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. T he 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.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 5 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 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 future 3 No airplanes are operating under part 129 (N

- registered) and it is unlikely that any

will do so in the

future 3 No airplanes are being operated by a foreign

air carrier and it is unlikely that any will

do so in the future 3 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 date 1 and it is unlikely that any will return to such

service in the future 3 Airplanes are operating under part 129 (N

- Registered) but no airplanes will be operated under part

129 after the operational rule compliance date 1 and it is unlikely that any

will return to such

service in the future 3 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 date 1 and it is unlikely that any

will return to such

service in the future 3 The DAH may be elig ible 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 future 3 No airplanes are operating under part 129 (N

- registered) and it is unlikely that any

will do so in the

future 3 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 rule 2
compliance date and it is unlikely that any

will return to such

service in the future 3 Airplanes are operating under part 129 (N

- Registered) but no airplanes will be operated under part

129 after the operational rule 2
compliance date and it is unlikely that any

will return to such

service in the future 3 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 o perational rule compliance date by obtaining documentation of such from the current owners/operator s 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 airplane s age and or current configuration.

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

91 rules is provided with this exemption petition , see attachement

.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 6 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 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

. T he airplane will not, without a new STC and costly extensive wor k

, be able to operate in a manner to support common carriage

. b. The applicable damage tolerance requirements of 14 CFR 25.571 are being address ed in accordance with the submitted project specific certification plan for STC project

ST5831NY

- T

.

4 PUBLIC INTEREST

.

a. BaySys Technologies, LLC is a small an d growing company based in Virginia that provides engineering, certification and installation on p art 25 aircraft. BaySys is the parent company

of two p art 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 employ ees and

facilities are located. Moreover, our facility and operations in the Virginia area are a cornerstone in a projec t led by the County of Accomac, the State of Virginia and u ni versities teamed with the NASA Wallops Flight F acility 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 part ner in these efforts

. O ur success in an extremely competitive global economy will have a significant positive impac t on the local and regional economy.

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

works

. O wners and operators require configurations that use interior cabin space in ways not anticipated in the original TCDS c onfigurations 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 com part ment 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 impa ct 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 worker s employ ed, thereby providing a stabilizing influence to the greater regional and the larger US economy due to the increased consumer s pending capacity

associated with stable workers.The Art of Technology

24233 Lankford Highway Accomac, VA 23301 7 of 8 www.baysys.org +1 757.787.7668 BQMS Form 613/Rev Apr06 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 ab oard 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 repres ent significant cost savings, not only for the applicant , but also for the FAA . The saving s 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

.

Bay S ys Technologies, LLC. b elieves that good cause exists, in accordan ce with 14 CFR § 11.87, to

wai v e 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 previo usly 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 un der FAR Part 121

and 129 which are rules for use of aircraft under common carriage . Accordingly Bay S ys Technologies requests a waiver of the normal publication and comment period

.

6 SUMMARY

.

The following summary is presented in support of publ ication i n the Federal Registry

.

a. Section s of 14 CFR a ffected : § § 2 6.47 (all) and 26.49 ( all ) at amendment 26

- 1

.

b. Description s of r elief s ought : Petitioner requests relief from the requirements of § § 26.47

and 26.49 at amendment 26

- 1

.

BaySys Technologies respectful ly submits this Petition for Exemption for this project ST 5831NY

- 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.