AFS-16-9311-E

Exemption No. 16758

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

GLOBAL SUPER TANKER Regulatory Docket No. FAA-2016-4321

SERVICES

 

for an exemption from § 145.103(b) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

By letter dated February 22, 2016, Mr. James J. Wheeler, President and CEO, Global Super 

Tanker Services LLC (GSTS), Colorado Springs Airport, Colorado Springs, CO 80916

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

from § 145.103(b) of Title 14, Code of Federal Regulations (14 CFR). The proposed 

exemption, if granted, would allow GSTS to perform basic line maintenance activities on the 

B-747 SuperTanker without meeting the housing requirements of 

§ 145.103(b).

The petitioner requests relief from the following regulation:

Section 145.103(b) prescribes, in pertinent part, that “a certificated repair station with an 

airframe rating must provide suitable permanent housing to enclose the largest type and model 

of airplane listed on its operations specifications.”

The petitioner supports its request with the following information:

The petitioner states that GSTS has applied for a 14 C.F.R. part 137 operating certificate so it 

can operate a Boeing 747-400 Super Tanker in fire-fighting operations for the United States 

Forest Service (USFS). In this regard, the USFS requires that GSTS also hold a 14 CFR part 

145 Air Agency Certificate as a prerequisite to this arrangement. Accordingly, GSTS has 

applied for a part 145 repair station certificate. 
AFS-16-9311-E

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GSTS acknowledges that in order to obtain a repair station certificate, the company must 

comply with all the applicable part 145 regulations. GSTS currently has a hangar, but it is not 

large enough to enclose the Boeing 747-400 aircraft. Therefore, GSTS is seeking exemption 

from the regulation (§ 145.103(b)) that would require it to have a larger hangar. GSTS states 

that it will conduct only basic “line maintenance” activities on its SuperTanker aircraft. 

GSTS’s repair station authorizations, its operations specifications, and its manual system will 

specifically limit the type of maintenance GSTS will be permitted to perform. All

maintenance above line maintenance will be conducted via contract with an appropriately 

rated part 145 repair station. 

Since GSTS is only requesting part 145 Repair Station authorization to conduct basic line

maintenance functions, GSTS stated that requiring GSTS to have a facility large enough to

house the B‐747 SuperTanker is excessive and unnecessary. All basic line maintenance

functions can be safely and efficiently conducted outside of an enclosed structure. 

GSTS stated that granting the exemption would be in the public interest because it would 

enable the USFS to utilize the one-of-a-kind fire-fighting capability of the B-747 Super 

Tanker. This would allow the Super Tanker’s entry into service in time for the 2016 fire 

season, which is expected to be one of the worst fire seasons in recent history. USFS’s use 

of the Super Tanker could help reduce losses of the nation’s forest, personal property, and 

potentially, even lives. 

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 GSTS.

The FAA's analysis is as follows:

ATSR presently is seeking FAA part 145 repair station certification, with an airframe rating. 

In order for a person to be issued a part 145 repair station certificate, the person must meet all 

the requirements of part 145, including the housing and facility requirements. In support of 

its application, GSTS is specifically petitioning for an exemption from the housing 

requirements identified in § 145.103(b), which requires an airframe-rated repair station to 

provide housing to enclose the largest type and model aircraft listed on its operations 

specifications. The largest aircraft to be listed on GSTS’s operations specifications is the 

Boeing 747 SuperTanker. 

The petitioner states that the intended maintenance to be performed on the B-747 

SuperTanker would be line maintenance only, which can be and usually is performed on the 

ramp outside of housing. GSTS notes that line maintenance is typically performed outside of 

housing, and that any other maintenance will be done by an appropriately rated FAAcertificated repair station; accordingly, a level of safety equivalent to that provided by 

§ 145.103(b) would be maintained. The FAA notes that under § 145.205(d), a repair station 

may be authorized to perform line maintenance for an air carrier, notwithstanding the housing 
AFS-16-9311-E

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requirement of § 145.103(b)―and this is because of the nature of line maintenance, which 

normally is done outside of housing on the ramp. Therefore, under GSTS’s circumstances 

and the limitations in GSTS’s operations specifications, the FAA finds that an equivalent 

level of safety can be maintained if this petition for exemption is granted. 

GSTS would be supporting the United States Forest Service by providing fire-fighting 

capabilities with this one-of-a-kind fire-fighting aircraft. The FAA agrees with the petitioner 

that a grant of this exemption would be in the public interest as it would enhance USFS’s 

capability to fight forest fires, with the attendant benefits of potentially reducing losses of the 

nation’s forest, personal property, and even lives. 

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, 

delegated to me by the Administrator, Global Supertanker Services, LLC (GSTS) is granted 

an exemption from 14 CFR § 145.103(b) to the extent necessary to allow GSTS to obtain a 

part 145 air agency certificate with an airframe rating in order to perform basic line 

maintenance activities on the B-747 SuperTanker aircraft without meeting all of the housing 

and facility requirements of § 145.103(b), subject to the conditions and limitations listed 

below. 

Conditions and Limitations

1. GSTS may conduct line maintenance only, including scheduled checks that may 

contain servicing and inspections that will not require specialized facilities, on the 

Boeing Model 747-400 Super Tanker aircraft at its facility at the Colorado 

Springs Airport. 

This exemption terminates on June 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, DC, on June 2, 2016.

/s/

John Barbagallo

Deputy Director, Flight Standards Service