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:

Th e 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 a lso 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 2

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

co mply 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 lar ger 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 r epair s tation.

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

ma in tenance 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 fo r 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

.

T he FAA has determined th at 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 p resently 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 req uirements. 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 specifi cations is the Boeing 747 SuperT anker.

The petitioner state s 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 typicall y performed outside of housing, and that any other maintenance will be done by an appropriately rated FAA

certificated 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 mai ntenance for an air carrier, notwithstanding the housingAFS

- 16

- 9311

- E 3

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 support ing the United States Forest Service by providing fire

- fighting capabilities with th is 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

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

maintenance activities on the B

- 747 Super T anker a ircraft without meeting all of the housing

and fac ility requirements of § 145.103 (b) , subject to the conditions and limita tions listed

below.

Conditions and Limitations

1. GSTS may conduct line m aintenance 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