### ~ 

# AerS31e

~ January 

### 24,2011 III Alhambra Plazaj5uite 1110 (oralGables,Fl33134 afflIr: {30Sl764~3100 ft:r.(305)444-1275

U.S. Department of Transportation Docket Operations, West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 Attention: Mr. Ali Bahrami, Manager 

### RE: PetitionforExemptionRequest
Dear Mr. Bahrami:
In light of the Notice of Proposed Rulemaking (NPRM) published on September 24,2010 in the Federal Register and the unknown conditions regarding the safely of the seats manufactured 

### by Koila Industries, Ltd., AerSale, Inc. ("AerSaleM) hereby petitions the FAA to request a limited exemption from 14 CFR Part 25 (specifically. Part 25, the certification process requirements, only as related to the §25.561, §25.853 and Appendix F of Part 25) of the Federal Aviation Regulations inthe manner described below. AerSale is the current owner of multiple Ex-JAL 6747-400 series aircraft installed with the affected Koito seats which are the subject of NPRM 2010-NM-156-AD. We are attempting to obtain approval to re-configure one of our 8747-400 series aircraft from its current 12 First Class/77 Business Class/237 Economy Class configuration to a 22 Business Class/446 Economy Class configuration with Designated Engineering Representative ("DER") approval, using affected seats we obtained from another 6747-400 aircraft we own. As you are aware, this change in LOPA requires the approval of the FAA or its designee. Our DER has been advised by the FAA that he is not authorized to approve any configurations involving the Koito

_____ ,_~,~.e,t!""p,~gause of the unknown safely cO)l9LtlQ,Q.".of the seats, Such ins1~,lJ.§,F9.IJ..'"",l(I'h!gh_colJ~~~

_ considered a "new installation approval," would also be prohibited until the compliance period for the proposed Airworthiness Directive ("AD") took effect. 

### Umited Exemption: AerSale hereby requests, for the purpose of approving LOPAs for our 6747-400 aircraft only, that the FAA please provide us with a limited exemption to Part 25 of the FARs as related to §25.561, §25.853 and Appendix F of Part 25 of the FARs, only with respect to the Koilo seats, TSO-C39b, removed from passenger service from aircraft already owned by AerSale. The exemption would be expire thirty-six months from the date granted or such lesser period of time, as specified by the proposed AD, once in effect. Public Policy and Safety Risk: We believe that we should be granted this limited exemption as our actions mirror the intent and spirit of the public policy set forth in the NPRM. This NPRM was enacted to ensure that the existing number of affected Koito seats in the market does not increase and that safety is assured by testing each seat through the time of the compliance period in the proposed AD. 6y not allowing for the installation of any additional seats and only allowing a one-for-one replacement of existing seats, the NPRM balances the interests of safety121Alhambra Plaza

## ISuite1110 (oral Gables. FLm 34 Offl<f:(305) 764-3200 Fox: (305)444-1275



### and practical compliance byallowing operators timeto complywiththeAD, while prohibiting the introduction of new seats on aircraft being operated through new configurations. We believe that the exemption we have requested in our unique circumstance advances the goals of the proposed AD by not introducing any new seats into commerce. If the FAA grants us this exemption and permits usto install newseatsonto ouraircraft, the seatswewill be using inthe proposed and other LOPAswill only be seats that have been removed from passenger service from aircraft owned byAerSale, and which will not be replaced with other seats subject to the NPRM. We canensurethattheaircraftfrom which theseatswere removedwill not receive new seats because the aircraft and any other aircraft from which AerSale intends to remove seats will either be disassembled or converted to cargo aircraft. Therefore, not only is AerSale creating no increase in the outstanding number of seats in the marketplace and inservice, but wewill also becreating a substantive netdecrease tothe number oftotal affected seats being used in passengerservice underthe U.S. registry. To illustrate this effect, as mentioned, the aircraft undergoing maintenance which we hope to reconfigure has a total of 326 Koito seats. The changes we are seeking would increase this number to 464. However, the total number of seats installed on the aircraft from which the seats came, the Boeing 747-400 bearing MSN 24427, is 384. Therefore, the net effect of AerSale being permitted to pelform the reconfiguration is the removal of 246 seats from commerce_ By permitting AerSale to obtain a "new installation approval" (as it iswritten inthe NPRM), the FAA would be introducing zero new affected seats into passenger service and would infact be reducing theactual numberofseats in existence as noseatswould replacethe seats removedfrom MSN24427. The levelofrisktothe public,therefore, would not increaseandwould likelydecrease ifAerSale were to be granted the requested exemption. Additionally, as ourexemption isonly requested fora period ofthirty-six months, the levelofsafetytothe publicwould beacceptable. We base this statementontheanalysis made bythe FAAinallowing operators to maintaintheiraircraft in service for atwo-to-three year period priortothe testing requirement setforth inthe proposed ------AU;wnicn-Tsfne same penoareqiiesleCfTrfthls exemption.

Hardship and Compliance: 

### AerSale is a leasing company which purchased these 8747-400 aircraft from Japan Airlines International, where they were registered with the Japan Civil Aviation Bureau. Therefore, oursituation isdifferentfrom theoperators mentioned inthe NPRM and we askfor different treatment. We have no previously FAA~approvedLOPAs to rely upon forouraircraft and cannot reconfigure ouraircraft to meetour needs unlikeoperators who have multiple pre-approved LOPAs at their disposal. Therefore, in addition to the public policy reasons described above, wefeei thatthis exemption should begranted to putouractivities on parwith the permitted actions thatoperators maytake underthe NPRM and proposedAD. This disparity in circumstance is creating undue hardship and preventing AerSale from ieasing its fleetof B747-400 seriesaircraft. We currentiy own orare inthe process oftakingtitle to nineteen ofthese affected aircraft. We recognize that we must complywith the AD once it becomes effective and have already taken steps to begin testing. However, until such time as the FAA deems it necessary to require

# I/JI!!Jb.:. 

# AerS31e

~ 111Alhambra Plaza

## ISuite 1110 (oral Gables,Fl33134 O/f;,"' (305)764-3200 fax: (305)444-1

## m

compliance with the proposed AD, we ask that we should be permitted to be able to reconfigure our aircraft 

### 10meet our needs and to not be thwarted in our efforts to take economic advantage of the aircraft we own prior to the AD becoming effective. We fully intend to test or change each seat or

## convert each and 

### every aircraft we own to cargo configuration at such time.
Not only do we intend to effect compliance with the proposed AD in the future, but we have already taken steps to begin testing and we are working in concert with the FAA to review and approve the procedure and results. However, as we currently have an aircraft undergoing heavy maintenance and we wish to reconfigure our aircraft to meet the needs of future lessees, we ask that you please provide us with the limited exemption we seek under Part 

### 25 and the proposed AD, once in effect, and allow us to perform the requested modifications to our fleet. Federal Registry Summary: In the event you view our request favorably, the following is 

### a summary for the FAA to publish in the Federal Register, if it so chooses, upon the grant of this limited exemption:
This exemption grants relief to AerSale, Inc, from having to meet the requirements of Part 25 only as related to the §25.561, §25.853 and Appendix F of Part 

### 25 with respect to seats for its fleet of Boeing 

### 747-400 aircraft.
This exemption is limited in duration and scope, as it lasts from thirty-six months from the date of this exemption (or such lesser period of time, 

### as specified by the applicable Airworthiness Directive in effect at such time) and is limited to the installation of only those seats removed from other Boeing 

### 747-400 aircraft owned byAerSale, Inc.

Thank you for your time and consideration. Your prompt attention to this matter would be '"9reatlyappreciate-d~lease-do---not11esitate-to-conta'ct,rre-at'"{305j'"Sf1=1-740'-if"yoQ""have"'-any"----"""'-"-- questions.
Best regafds,



### ~ Iso Nezaj Vice President Technical Services

Copy: Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Ave. SW, Renton, WA 98055-4056