25 February 13 

In Reply Refer To: 

8-81700C/13L-017 

Mission Integration 

10001 Jack Finney Blvd., Greenville, TX 75402 

P.O. Box 6056, Greenville, TX 75403-6056 

U.S. Department of Transportation 

Docket Operations, West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE. 

Washington, D.C. 20590 

.... ~' 1 .., ; :, ' 

~ ,, i j 

SUBJECT: Petition for Exemption -14 CFR 26, Continued Airworthiness and Safety Improvements 

for Transportation Category Airplanes 

Attachment: Letter dated 21 February 2013, U.S. Department of Justice, Federal Bureau of 

Investigation 

To Whomever it May Concern: 

L-3 Communications Integrated Systems, Mission Integration Division, Greenville, Texas, submits this 

Petition for Exemption under 14 CFR 11.63, from certain parts of 14 CFR 26, Continued Airworthiness 

and Safety Improvements for Transport. Category Airplanes. 

AIRPLANE MODEL: 

Boeing 757-200 

TYPE CERTIFICATE DATA SHEET: 

A2NM 

REGULATORY RELIEF REQUESTED: 

Petitioner requests exemption from the following regulations. 

14 CFR 26.11- Electrical wiring interconnection systems (EWIS) maintenance program. 

14 CFR 26.47- Holders of and applicants for a supplemental type certificate- Alterations and 

repairs to alterations. 
Letter NO. 8-81700C/13L-017 

Petition for Exemption 

25 February 13 

Page 2 

GENERAL BACKGROUND: 

As a result of the Aging Aircraft Safety Final Rule (AASFR) the FAA issued regulations under 14 

CFR 26. 

One ofthe fundamental principles of 14 CFR 26,Subparts Band E, is that the regulations are 

intended to apply to airplanes operated under 14 CFR 121 and 129. As a result of these 

intentions, a decision matrix has been utilized by the FAA to evaluate Petitions for Exemption 

from 14 CFR 26 [Reference FAA Exemption No. 9935]. This decision matrix is shown in Table 1. 
letter NO. 8-81700C/13L-017 

Petition for Exemption 

25 February 13 

Page 3 

Table 1- Criteria for Considering Eligibility for Exemption 

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

. lfthe 

airworthiness authority for And And And 

the state of 

design is 

No airplanes are operating under No airplanes are operating under part No airplanes are being operated 

1 The FAA part 121, and it is unlikely that 129 (N-registered), and it is unlikely that foreign air carrier, and it is unlik

any will do so in the future3 any will do so in the future3 that any will do so in the future 

Airplanes are operating under Airplanes are operating under part 129 Airplanes are being operated by 

part 121 but no airplanes will be (N-registered) but no airplanes will be foreign air carrier but no airplan

operated under part 121 after operated under part 129 after the be operated by a foreign air car

2 The FAA the operational rule compliance operational rule compliance date1, and after the operational rule comp

date1, and it is unlikely that any it is unlikely that any will return to such date1, and it is unlikely that any 

will return to such service in the service in the future3 return to such service in the fut

future 3 

No airplanes are operating under No airplanes are operating under part 

3 Not the FAA part 121, and it is unlikely that 129 (N-registered), and it is unlikely 

any will do so in the future3 that any will do so in the future 3 

Airplanes are operating under Airplanes are operating under part 129 part 121 but no airplanes will be (N-registered) but no airplanes will be operated under part 121 after operated under part 129 after the 4 Not the FAA the operational rule compliance operational rule compliance date2, and date2, and it is unlikely that any it is unlikely that any will return to such will return to such service in the service in the future3 future3 

1 The DAH must demonstrate that these airplanes will not be operating under part 121 or part 129, or operated by a foreign air carr

rule compliance date by obtaining documentation of such from the current owners/operators of the airplanes. 

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

date by obtaining documentation of such from the current owners/operators of the airplanes. 

3 Arguments for the likelihood of an airplane not entering into air carrier service in the future should center on the airplane's age an

configuration. 

--
letter NO. 8-81700C/13L-017 

Petition for Exemption 

25 February 13 

Page 4 

GENERAL BACKGROUND: (continued) 

The FAA has also noted the following in past exemptions granted under the guidelines of Table 

1, 

• The determination of whether that particular airplane is listed on an air carrier's 

Operations Specifications. 

• The rationale behind the criteria contained in Table 1 is "The rule(s) require(s) DAHs to 

develop data for use by operators. If there are no operators for a particular airplane 

who are required by the rules to use such data, it would be poor use of resources for the 

DAH to develop it. Therefore, it would benefit both the DAH and the public as a whole 

to spend resources on more important safety issues rather than on developing data that 

will not be used. In addition, granting such an exemption would not adversely affect 

safety because there are no airplanes that would be required to incorporate the data, 

nor is it likely that there will be any in the future." 

This Petition for Exemption is made for two specific 757-200 airplanes, serial numbers 24487 

and 25424. These airplanes are being modified by L-3 Communications for the United States 

Department of Justice, Federal Bureau of Investigation (FBI) for exclusive use by that 

organization [ODA-750173-SW Project Number 10336-1]. The FBI purchased these airplanes 

from American Airlines. At the time of purchase, American Airlines had taken the airplanes out 

of service. The FBI intends to operate the airplanes under 14 CFR 125 and has no plans to sell 

the airplanes in the future to an air carrier. The nature of the mission systems installed by this 

modification is unique to the FBI mission and would not be permitted by the FBI to persist on 

the airplanes if the airplanes were ever removed from FBI use. Refer to Enclosure 1 for a letter 

from the FBI to this effect. 

L-3 Communications expects the FBI to engage L-3 Communications in future contracts to 

modify these airplanes for additional FBI mission capabilities. With this in mind, we request that 

the Exemption grant relief for the project currently being performed [ODA750173-SW Project 

Number 10336-1], and for future STCs issued to L-3 Communications Integrated Systems for the 

sole applicability of these two serial numbered airplanes. This request for relief for future STC 

projects is consistent with past exemptions granted. Refer to FAA Exemption 9935. 
Letter NO. 8-81700C/13L-017 

Petition for Exemption 

25 February 13 

Page 5 

L-3 Communications believes that the nature of this STC meets the intent of Option 1 as noted 

in Table 1 as follows, 

1) No airplanes are operating under part 121, and it is unlikely that any will do so in the 

future. 

As noted in Enclosure 1, the airplanes will be operated by the FBI under 14 CFR 125. The 

nature of the as-modified configuration of the airplanes with the subject STC is such that 

this configuration would not be permitted to persist for these airplanes if they should 

ever be sold to an air carrier. It should be noted that the previous owner of the 

airplanes (American Airlines) had retired these airplanes from active service and placed 

them in long term (flyable) storage prior to acquisition for this project. 

2) No airplanes are operating under part 129 (N-registered), and it is unlikely that any will 

do so in the future 

For the same reasons noted in item 1, the operation ofthis airplane under part 129 with 

the subject STC in place is highly unlikely. 

3) No airplanes are being operated by a foreign air carrier, and it is unlikely that any will do 

so in the future. 

For the same reasons noted in item 1, the operation of this airplane under part 129 with 

the subject STC in place is highly unlikely. 

EXEMPTION: 

The Petitioner requests the following be applied in lieu of the existing rule. This limitation shall 

be added to the subject STC and any future STC by adding the following limitation to the STC. 

When installed, airplanes with this STC are limited to operations excluding those of an Air 

Carrier. Specifically, no operations under 14 CFR 121, 14 CFR 129, or any foreign Air Carrier are 

permitted. 

JUSTIFICATION AND SAFETY CONSIDERATIONS: 

This Petition for Exemption is consistent with the stated safety goals of Final Rule Docket No. 

FAA-2004-18379. Specifically, the intent of the Final rule was to invoke the regulations of 

14 CFR 26 on Air Carriers. The operators of the airplanes with the subject STCs are not now an 

Air Carrier and are not reasonably expected to become so. By placing the limitation noted 

above on this and any future STC to state that operation as an Air Carrier while the STC is 

installed is prohibited, this limitation must be addressed should the airplane ever be converted 

to an Air Carrier operational status. 
Letter NO. 8-81700C/13L-017 

Petition for Exemption 

25 February 13 

Page 6 

PUBLIC INTEREST: 

This Petition for Exemption is consistent with the stated public interest goals of final Rule Docket 

No. FAA-2004-18379. In addition to the intent to invoke the rule on Air Carriers as noted above, 

the Final Rule acknowledges the right of the DAH to be fairly compensated by the 14 CFR 121 

and 129 operators of the airplanes for the products produced by the DAH. In the absence of this 

Exemption, L-3 communication is faced with producing costly data which will never be used by 

the airplane operator. 

Sincerely, 

OMM4 1/it1W ~ames Threlfall 

/ FAA ODA Administrato 

ODA-750173-SW 
James Threlfall 

FAA ODA Administrator 

ODA-750173-SW 

U.S. Department of Justice 

Federal Bureau of Investigation 

February 21, 2013 

L-3 Communications Integrated Systems 

P.O. Box 6056 

Greenville, TX 75403-6056 · 

REF: L-3 Communications Integrated Systems Letter 8-55400C/13M-003 

Dear Mr. Threlfall, 

This organization is the owner/operator of the following Boeing 757-

200 airplanes, Serial Numbers 24487 and 24524. 

We do not now operate, or will ever intend to operate, these airplanes 

under 14 CFR 121 or 14 CFR. 129. We do not intend to adopt the 

maintenance requirements of 121.1109, 121.1111, 129.109, or 129.111. 

Due to the nature of the mission systems installed for our purposes, 

these systems would be removed from the airplanes in the unlikely 

event the airplanes were sold. 

Additionally, while no current contract exists, it is possible that 

future FBI mission systems modifications may be accomplished by L-3 

Communications. 

consistent with these operations, we have no objections with an 

application for exemption from compliance with 14 CFR 26.11, and 14 

CFR 26.47. 

Page 1 ofl 
Respectfully, 

Director of Aviation Operations 

FBI Render Safe Program 

703-618-4063 

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