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PA6E 02/04 

Exemption No, lo 182 

DEPARTMENT OF 

';^MSPORTAT(ON 

- i T OPERATIONS 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

T3 '.'^C ^ 0 A %2 I 

In the matter of the petition of 

AVIATION FABRICATORS, INC. 

for an exemption from § 23.815 

ofTitlel4,Codeof 

Federal Regulations 

Regulatory Docket No. FAA-2008-0433 

DENIAL OF EXEMPTION 

By letter dated April 4,2008, Mr. Todd Pogue, Design/Drafting, Aviation Fabricator, Inc. 

AVFAB, 805 North Fourth Street, Clinton, MO 64735 petitioned the Federal Aviation 

Administration (FAA) on behalf of AVFAB for an exemption from § 23.815 of Title 14, Code 

of Federal Regulations (14 CFR). The proposed exemption, if granted, would permit Aviation 

Fabricators to insitall Beechcraft Afl Jump Seat Kits in Becchcraft model B300 aircraft with a 

wide back executive seat configuration. The revised configuration would increase seating in 

the aircraft to 10 or 11 passengers, without replacing the existing cabin seats with a narrower 

seat which would have width of aisle less than required by § 23.815. 

The petitioner [requires/requests] relief from the follawittg regulation[s]: 

Section 23.815, Amendment 23-34, prescribes, in pertinent part, that for commuter category 

airplanes, the width of the main passenger aisle at any point between seats must equal or 

exceed the values in the following table: 

Number of Passenger 

10 through 19 

Seats 

•| Minimum main passenger—aisle width \ 

Less than 25 inches from floori 25 inches and more from floor 

i 9 inches 15 inches 

The petitioner supports its request with the following information: 

The petitioner seeks relief from the requirements of 14 CFR Part 23, § 23.815, Amendment 

23-34, when the passenger seating is increased to ten (10) or eleven (11) seats, beginning with 

eight (8) or nine (9) "wide back" Executive Seats and adding one (1) or two (2) jump seats 

ACE-U-008-E 
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when installed per STC SA00635WI. The equivalent safety claim is based on emergency 

evacuation testing in compliance with § 23.803. 

Meeting this rule would impose an economic burden i^on the operators of these aircraft in 

two ways. First the existing "wide back" executive seats must be removed and new narrower 

seats must be purchased and installed prior to installing the jump seats of STC SA00635WI, 

This burden would cost between $90,000 and SIOO.OOO. Second they cannot receive the 

economic benefit of increasing the seats by adding ihe jump seats in the aircraft, without 

incurring the first expense. 

The public would benefit from this exemption, in that more passengers could be transported 

each fliglit reducing the cost to each passenger. The cost of operating the modified Hawker 

Beechcraft 300B aircraft, s/n's 0001 through 0155, would not significantly increase as the 

existing interior ftimishings would be retained for use and that savings can be passed on to the 

passengers. There is a smaller secondary benefit, in that the larger, more comfortable, cabin 

seats would be retained in the existing scat locations. 

Comments on published petition summary: 

A summary of the petition was published in the Federal Rceister on November 8,2010 

(75 FR 68667), The comment period closed on November 29, 2010. No comments were 

received. 

The FAA's analysis is as follows: 

The FAA finds that the Final Rule, Docket Number 23516. stated: "The compartment 

interior requirements arc equivalent to those set forth m Part 25 at the tune Notice 

Number 83-17 was issued, irrespective of the maximum weight of the commuter 

category airplanes." So, the intent of the rule is to apply an equivalent standard for 

width of aisle to Part 25, not less, and the specified aisle widths are rainimums. There 

are 120 N-registered B300 airplanes and these planes are certified for up to 19 

passengers. Thus, there are approved means that do not require an exemption to update 

the passenger count while complying with 14 CFR, § 23.815, Amendment 23-34. The 

applicant proposed an evacuation test per 14 CFR, § 23.803, as an equivalent level of 

safety. FAA beUeves the minimum width of aisle required by 14 CFR, § 23,815, is 

needed in 

1. an emergency landing to account for both the number of passengers and the 

injuries to some passengers in an actual emergency landing; 

2. taxi, takeoff and landing; and 

3. all other phases of flight so crew can reach all parts of the cabin and 

passengers can return to their seats in turbulence. 

Therefore, granting this exemption would have an adverse effect on safety. 
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PAGE 04/04 

The aisle width limits are minimums for which the Small Aircraft Directorate has never 

granted an excmption. 

Althougb a grant of exemption clearly benefits the petitioner as a private entity, the 

FAA considers meeting the aisle requirements of § 23.815 to be ii: the traveling 

public's interest. Thus, the petition is not in the public interest 

The FAA's Decision: 

hi consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Aviation Fabricators, Inc. for 

an exemption from 14 CFR § 23.815 is hereby denied. 

Issued in Kansas Cil^^Missouri on ^December 17, 2010'. 

y^Ji 

Willlauj jerlake 

Acting^;Watiagar> Small. Airplane Directorate 

Alrctaft Certification Service