AFS-16-1442-E

Exemption No. 16255

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

AIRCRAFT TECHNICAL Regulatory Docket No. FAA-2016- 5507

SUPPORT ROSWELL 

for an exemption from § 145.103(b) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

 By letter dated October 21, 2015, Mr. Amer Machlah, President, Aircraft Technical 

Support Roswell (ATSR), 72 Earl Cummings Loop West, Bldg. 1080, Roswell, NM 88203

petitioned the Federal Aviation Administration (FAA) on behalf of ATSR for an exemption 

from § 145.103(b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary 

to allow ATSR to perform aircraft storage and related maintenance on transport category 

airplanes without meeting all of the housing and facility requirements of § 143.103.

The petitioner requests relief from the following regulation:

Section 145.103(b), which provides that a certificated repair station with an airframe rating 

must provide suitable permanent housing to enclose the largest type and model of aircraft 

listed on its operations specifications.

The petitioner supports its request with the following information:

The petitioner states that the climatic conditions of southeastern New Mexico, namely 

Roswell, are dry, warm, and ideal for ATSR to complete storage-related maintenance in an 

outdoor environment on a year round basis without adversely affecting the quality of work

being performed. Additionally, ATSR anticipates that the number of aircraft to be stored at 

the Roswell Industrial Air Center under its custody/control and under the conditions of the 

proposed exemption would be well above 50 aircraft. There is no hangar in the world that 

could hold that many airplanes at one time in a storage condition. The idea of moving that 
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many aircraft around to facilitate maintenance in a hangar would be completely impractical 

and therefore requires storage to be done outdoors. The aircraft will not be disassembled in a 

manner that would cause deterioration of any kind. ATSR will use materials that meet or 

exceed manufacturers’ specifications for the applications performed and will provide 

adequate safeguards against contamination and weather elements.

ATSR states that the maintenance it anticipates performing would be only for outside-related 

storage of aircraft. ATSR owns and maintains equipment (e. g., ladders, service trucks, 

scissor lifts, and man lifts) and tooling necessary to perform storage maintenance on 

airplanes up to and including all series of Boeing 767’s.

ATSR has provided copies of the manufacturers’ storage maintenance programs for the 

Boeing MD-80, Boeing 757, and Boeing 767 airplanes outlining the type of storage

maintenance to be performed under the terms of the proposed exemption. ATSR asserts that 

the storage maintenance functions of cleaning airplanes, covering windows and pressure 

ports, and applying tape to areas of the fuselage and gear assemblies do not require the 

airplane to be disassembled or housed. Any lubrication tasks and checking tire/strut 

pressures are accomplished in a closed system, meaning that contaminates are not permitted 

in the system because of the way the systems are designed. Moreover, any interior servicing 

and checks required by the storage cards are not affected by how the airplane is housed.

ATSR operates a single dayshift crew so lighting is not an issue. Ventilation, temperature, 

humidity, and other climatic conditions are naturally maintained to a sufficient degree to 

comply with applicable standards. Parts removed for storage purposes will be maintained 

inside currently existing facilities, which have sufficient space for segregation, or the parts 

will be shipped out per customer requirements.

ATSR has received letters of support from the offices of New Mexico Senators Tom Udall 

and Martin Heinrich, as well as New Mexico’s Governor, Susana Martinez, New Mexico’s 

State Secretary Jon Barela, Roswell Mayor Dennis Kintigh, and Roswell City Manager Steve 

Polasek. ATSR currently does business with several aircraft companies and has an 

established list of customers from around the country, including major airlines that would 

like to do business with ATSR, but these companies require ATSR to hold FAA part 145 

certification. Additionally, ATSR continually acquires tooling, equipment, and personnel in 

preparation for performing the storage related maintenance on transport category aircraft 

under the terms of the proposed exemption.

ATSR assures that a level of safety equivalent to that provided by the regulations from 

which relief is sought would be maintained under the proposed exemption. ATSR has 

equipment and tooling suitable for use during the preservation of airplanes, and these are

available for inspection at any time. ATSR provides equipment and operational training to 

all applicable maintenance personnel. 

ATSR maintains that granting the proposed exemption would be in the public interest. The 

State of New Mexico ranks in the bottom six for economic climate, and has one of the 
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highest unemployment rates in the nation. In particular, the city of Roswell ranks low in 

median household income and high in poverty and public assistance. Granting the proposed

exemption would allow ATSR to grow, providing high tech, high income employment 

opportunities from within the State and out of state, thereby pumping much needed income 

into local businesses, including the grocery and housing markets. High-tech jobs would also 

help the local university (Eastern New Mexico University Roswell) by providing 

opportunities for graduate job placement and advancing the current aviation-based 

curriculum. Additionally, the proposed exemption would allow ATSR to provide major 

airlines and aviation-based customers from all over the country with an ideal location to 

store their aircraft.

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to ATSR.

The FAA’s analysis is as follows:

ATSR presently is seeking FAA part 145 repair station certification. In order for a person to 

be issued a part 145 repair station certificate, the person must meet the requirements of part 

145, including the housing and facility requirements. As part of the application process, the 

company has submitted a Preapplication Statement of Intent (PASI), applying for an airframe 

rating to perform maintenance, repair, and inspections of airframes and powerplants related to 

outside storage of large airplanes. The company would not provide suitable permanent 

housing to enclose these airplanes―instead it would do this work outside of housing (e.g., a 

hangar). Information provided by ATSR on the scope of work it intends to perform includes

removing and installing engines, airframe components, and avionics components. Tasks 

would encompass on-aircraft testing, including engine runs, troubleshooting, and repair of 

aircraft systems. Powerplant work would include replacement of external parts and 

accessories installed on the aircraft, preservation and de-preservation of powerplants on-wing, 

servicing of engines and components, and overall engine inspections. ATSR stated that it 

would not separate, repair, or replace any case or gearbox

The area in which ATSR wishes to perform this maintenance is in the desert area of Roswell, 

New Mexico. The environment in this area is dry, windy, and sandy. ATSR wishes to obtain 

contracts with major air carriers to perform various maintenance, repairs, and inspections 

incident to preserving and storing aircraft outdoors in this desert environment without any 

form of the required housing identified within §§ 145.101, 145.103(a), and 145.103(b). With 

this type of operation, wind-blown sand could easily penetrate open fuel lines, open electrical 

harnesses, open hydraulic lines, etc., which could be detrimental to the assurance of safety for 

the aircraft and the airframe component parts and engines. 

The FAA regulations require that repair station facilities be suitable to protect the aircraft and 

its assemblies and subassemblies, and also the maintenance personnel from adverse 

environmental conditions through control of temperature, humidity, and other climatic 
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conditions sufficient to ensure personnel perform maintenance, preventive maintenance, or 

alterations to the standards required by parts 43 and 145. While some of ATSR’s proposed 

work scope items may be performed outside of housing (e.g., aircraft storage preparation and 

limited storage inspections and maintenance); other tasks should be protected by housing the 

airplane (e.g., removal and/or installation of flight controls, major landing gear components, 

and powerplants), or by some other means of providing protection appropriate for the specific 

work. 

Under 14 C.F.R. § 11.81(d) and (e), a petitioner must show why a grant of exemption would 

be in the public interest, and why the relief sought would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the rule from 

which the exemption was sought. ATSR states that the climate conditions are ideal for the 

work it proposes and assures that safety would not be compromised. These assertions, 

without more, are insufficient to meet the burden set forth in the regulation. ATSR provided 

no evidence or information to demonstrate how the company intends to protect the aircraft and 

maintenance providers from weather elements such as heat, sand, moisture, snow, and wind

during maintenance without suitable housing for the airplane. These environmental 

conditions are prevalent in Roswell, NM, at various times. Moreover, while enhancing the 

economy of Roswell may be in the public interest, a company’s inability to provide a level of 

safety at least equal to the rule from which exemption is sought is not. 

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 

and 44701, I hereby deny Aircraft Technical Support Roswell’s petition for an exemption 

from 14 CFR §143.103(b). 

Issued in Washington, D.C., on April 13, 2016.

/s/

John Barbagallo

Deputy Director, Flight Standards Service