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8/09/11

U.S. Department of Transportation

Docket Operations, West Building’

Ground Floor

400 7th Street, SW Room PL401

Washington, DC 20591-0001

RE: Petition for Exemption to 25.853(d) of Title 14, Code of Federal Regulations 

 “Limits maximum heat release rates and smoke emissions for large panel cabin interior materials.”

Dear Office of the Chief Counsel,

StandardAero Business Aviation Services, LLC (StandardAero) petitions for an FAA Exemption 

to 25.853(d) of Title 14, Code of Federal Regulations for the Embraer EJR 190-100 IGW (TCDS

A57NM) when it is modified to business, or private types of interior configurations, operated 

under 14 CFR parts 91 or 125 and seating is less than 50% of seating capacity of airliner seating

configuration.

“General Background”

Part 25 provides rules governing the design and the certification requirements that are generally

considered to be commercial aircraft being operated under (14 CFR) Part 121 in the commerce of 

transporting fare paying passengers. There are however, other types of businesses that do not use 

their airplanes in revenue service. Operations such as these are ‘Private, not-for-hire.’

The business, or private, types of interior configurations of these airplanes differ substantially from 

the rows of seats on an Airliner. StandardAero believes that certain part 25 rules intended for an 

airliner configuration are inconsistent with the business, or private, types of interiors. Most of the 

EJR 190-100 IGW intended for business, or private, operations will be operated under 14 CFR Parts 

91 or 125. StandardAero is requesting an exemption from certain requirements of part 25 for those

EJR 190-100 IGW airplanes that will be operated under parts 91 or 125 and not operated for hire, or

for common carriage.

EJR 190-100 IGW intended for private use, have the following common features that encourage

special consideration for unique certification requirements:

1. Operation is limited to private use by an individual, a company, or public entity and does 

 not include a public passenger, or cargo, for-hire commercial service.

2. In these cases the passenger configuration of the airplane is less than 50% of that of a

 traditional commercial airline configuration.

3. The interior arrangement is static, allowing flight and cabin crews to be familiar with the 

 particular configuration of the airplane, emergency equipment provided, and the location 

 and operation of the emergency exits. A commercial airline may use many different types 

 of airplanes with many different interior configurations and many different interior 

 configurations on a single airplane type.

4. Owner preference and requirements for custom features such as layout, materials, 

 fabrics, fixtures, and finishes is a major driving force behind the marketability of these
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 types of airplanes.

5. One-of-a-kind interior configurations include the use of many different types of materials 

 and compartments such as boardrooms, bedrooms, lavatories, and lounges rather than 

 traditional airline type seating arrangements.

“Exemption Requested”

StandardAero petitions an exemption for the EJR 190-100 IGW from part 25.853(d) which requires 

interior components and materials to meet more stringent flammability measures than was previously 

required under Appendix F of part 25.853.

At times, the owner of a private airplane will have specific needs for the use of exotic or plush, 

extremely comfortable materials to be used in the cabin. Usually these materials cannot satisfy the 

rigid flammability requirements of paragraphs IV and V of Appendix F of CFR 25.853. 

“The purpose of this 25.853(d) was to ensure that occupants of an airplane, during an emergency 

that includes a cabin fire have an opportunity to evacuate the airplane before heat released by the 

fire or the phenomena known as ‘flash-over’ causes the environment in the cabin to reach the flash 

point of the ceiling material. 

On an EJR 190-100 IGW, with approximately 50% of seating capacity of its airliner seating 

configuration, an emergency evacuation of the airplane will occur much more representative of a 

smaller type of airliner. Because of the lower passenger densities, the lower passenger-to-exit ratios, 

and the enhanced evacuation rate capability provided by the type of exits, it is appropriate to apply 

criteria to this airplane that is more closely associated with airplanes carrying twenty or fewer 

passengers. 

Considering the small number of passengers, usually less than 50% of that of a traditional

commercial configuration, and the familiarity of the flight and cabin crews with the specific airplane, 

there should be no degradation in passenger safety. 

Standard Aero’s petition for an exemption for the EJR 190-100 IGW is similar to the FAA Exemption

No. 6820A for the Boeing Model 737-700 IGW (BBJ) Airplane and FAA Exemption No. 7609 for the 

Boeing Model 737-800 Airplane (attached to this request), and is based on the unique operation of 

transport category airplanes intended for private use. 

StandardAero would add similar requirements as previous FAA Exemptions granted (6820A & 7609) 

if granted this exemption. They would be the following:

1. The airplane is not operated for hire, or offered for common carriage. This 

provision would not preclude the operator from receiving remuneration to the 

extent consistent with 14 CFR part 125 and 14 CFR part 91, subpart F, as 

applicable.

2. Seating for Taxi, Takeoff and landing is less than 50% of maximum seating. 

3. There must be means that signals the flight crew in the event of a fire in any 

isolated passenger compartment. An isolated passenger compartment for the 

purpose of this Exemption request would be defined as a room that does not 

contain an egress path (e.g., main cabin aisle, cross aisle or passageway), or is 

isolated by a door.
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4. When the airplane does not comply with the occupant safety requirements of

appendix F, parts IV and V, each passenger must be so informed prior to flying. 

This notification would only be required prior to the first time a person is a

passenger on the airplane.

Sincerely,

Bruce Basinger

StandardAero Engineering