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.letterNO.8-81700C/13L-017PetitionforExemption25February13Page3Table1-CriteriaforConsideringEligibilityforExemptionfrom§§26.11, 26.43,26.45,26.47,or26.49.lftheairworthinessauthorityforAndAndAndthestateofdesignisNoairplanesareoperatingunderNoairplanesareoperatingunderpartNoairplanesarebeingoperatedbya1TheFAApart121,anditisunlikelythat129(N-registered),anditisunlikelythatforeignaircarrier,anditisunlikelyanywilldosointhefuture3anywilldosointhefuture3thatanywilldosointhefutureAirplanesareoperatingunderAirplanesareoperatingunderpart129Airplanesarebeingoperatedbyapart121butnoairplaneswillbe(N-registered)butnoairplaneswillbeforeignaircarrierbutnoairplaneswilloperatedunderpart121afteroperatedunderpart129afterthebeoperatedbyaforeignaircarrier2TheFAAtheoperationalrulecomplianceoperationalrulecompliancedate1,andaftertheoperationalrulecompliancedate1,anditisunlikelythatanyitisunlikelythatanywillreturntosuchdate1,anditisunlikelythatanywillwillreturntosuchservice intheserviceinthefuture3returntosuchserviceinthefuture3•future3NoairplanesareoperatingunderNoairplanesareoperatingunderpart3NottheFAApart121,anditisunlikelythat129(N-registered),anditisunlikelyanywilldosointhefuture3thatanywilldosointhefuture3AirplanesareoperatingunderAirplanesareoperatingunderpart129part121butnoairplaneswillbe(N-registered)butnoairplaneswillbeoperatedunderpart121afteroperatedunderpart129afterthe4NottheFAAtheoperationalrulecomplianceoperationalrulecompliancedate2,anddate2,anditisunlikelythatanyitisunlikelythatanywillreturntosuchwillreturntosuchservice intheserviceinthefuture3future3ThenTheDAHmaybeeligibleforanexemptionTheDAHmaybeeligibleforanexemptionTheDAHmaybeeligibleforanexemptionTheDAHmaybeeligibleforanexemption1TheDAHmustdemonstratethattheseairplaneswillnotbeoperatingunderpart121orpart129,oroperatedbyaforeignaircarrier,aftertheoperationalrulecompliancedatebyobtainingdocumentationofsuchfromthecurrentowners/operatorsoftheairplanes.2Thedesignapprovalholdermustdemonstratethattheseairplaneswillnotbeoperatingunderpart121orpart129aftertheoperationalrulecompliancedatebyobtainingdocumentationofsuchfromthecurrentowners/operatorsoftheairplanes.3Argumentsforthelikelihoodofanairplanenotenteringintoaircarrierserviceinthefutureshouldcenterontheairplane'sageand/orcurrentconfiguration.--IIletter 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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