UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION RENTON, WASHINGTON 98057-3356

Inthe matter ofthe petition of Exemption No. 16838

Textron Aviation Inc. Regulatory Docket No. FAA-2016-4919 for an exemption from §25.809(a) of Title 14, Code ofFederal Regulations

GRANT OF EXEMPTION By letter datedMarch 7, 2016, Mr. BrianRichardet, Product Safety and Certification Manager, Textron AviationInc., One Cessna Boulevard, Wichita, Kansas, 67215, petitioned the Federal Aviation Administration (FAA) for an exemption from the requirements of§ 25.809(a) ofTitle 14, Code ofFederal Regulations (14 CFR). This exemption, ifgranted, wouldpermit relieffrom the requirement for a means to permit viewing ofthe likely areas ofevacuee ground contact prior to opening the overwing exit on Textron Aviation Inc., Model 700 airplanes. The petitioner requests partial relieffrom the following regulation: Section 25.809(a), at Amendment 25-116- Each emergency exit, including each flightcrew emergency exit, mustbe a moveable door or hatch in the external walls ofthe fuselage, allowing an unobstructed opening to the outside. In addition, each emergency exit must have means to permit viewing ofthe conditions outside the exit when the exit is closed. The viewing means may be on or adjacentto the exit provided no obstructions exist between the exit and the viewing means. Means must also be provided to permit viewing ofthe likely areas ofevacuee ground contact. The likely areas ofevacuee ground contact must be viewable during all lighting conditions with the landing gear extended as well as in all conditions oflanding gear collapse. The petitioner supports its requestwith the following information: This section quotes the relevant information from the petitioner's request, with minor edits for clarity. The complete petition is available at the Department ofTransportation's Federal Docket Management System, on the Internet at http://regulations.gov, in DocketNo. FAA-2016-4919.Background The Textron Aviation Inc. (Textron Aviation) Model 700 is an executivejetwith capacity for a maximum of 12 passengers and 2 crewmembers. The overwing exit is a Type III exit. Itis located onthe right hand side ofthe cabin overthe wing. The overwing exit has a windowthat provides a means to permit viewing ofthe conditions outside the exit when the exit is closed. However, from the location ofthe overwing exit it is notpossible to viewthe likely areas ofevacuee ground contact withthe landing gear extended as well as in all conditions oflanding gear collapse. Extent ofReliefRequested Partial reliefis requested for 14 CFR25.809(a). Reliefis requested from the requirement for a means to permit viewing ofthe likely areas ofevacuee ground contactpriorto opening the overwing exit. The nature ofthis petition for partial exemption is similarto the previously granted Exemption 10756 for the Learjet Model LJ200, Exemption 10757 for the EmbraerModel EMB-550, and Exemption 11350 for the Textron Aviation Model 680A. Public Interest Textron Aviation competes in the global market. This aircraft is a needed expansionto the Textron Aviation line ofexecutivejetsto compete inthis market. The production of this aircraft will provide much neededjobs intoday's environment. The added interface required to place the right hand exit in an area where the likely area ofevacuee ground contact is viewable with the landing gear extended and in all conditions oflanding gear collapse would limit interior arrangement ofseating and adversely affect the customer. Effect on Safety In orderto provide an exitthat would allow viewing the likely area ofevacuee ground contact with the landing gear extended, as well as in all conditions oflanding gear collapse, the exitwould need to be moved forward inthe cabin. This would mean that the exit would eitherbe located onthe very leading edge ofthe wing or offofthe wing. Forthe best safety ofthepassengers, the current location ofthe exit onthe right hand side ofthe cabin over the wing is the best location. The current design allows the passengers visibility ofthe area outside the overwing exitto assess the immediate danger. Once out ofthe aircraft and on the wing, the passenger canview in all directions, assessing the best route to leave the wing. Thus, the granting ofthis exemptionwould not adversely affect safety ofegress. Federal Register publication The FAAhas determined that good cause exists for waiving the requirement for Federal Register publication for public commentbecause the request is identical in all material respects to

2previously granted exemptions; the exemption, ifgranted, would not set a precedent; and any delay in acting on this petition would be detrimental to Textron Aviation.

The FAA's analysis The FAA reviewed the informationprovided by Textron Aviation and concluded that granting this exemption is in the public interest for the reasons discussed below. The FAA determined there is no adverse impact on safety ifan occupant cannot simultaneously see conditions immediately outside the exit door and the ground contact pointunder all lighting and landing gear conditions. The impact ofthe regulation, as codified, went beyond what was envisioned in the rulemaking process for the overwing exits on some airplanes. OverwingExits: On many overwing exits, the location where evacuees first make contactwith the ground is a considerable distance from the point where they exit the passenger cabin. The distance the evacuees would need to move, either forward or aft onthe upper wing surface, and down to the ground by escape slide orjumping offthe wing (or sliding down the leading ortrailing edge of the wing) makes it difficult or impossible to see the ground contact point from inside the airplane due to the distance orthe wing itselfblocking the view. Some commenters to the notice of proposed rulemaking for§ 25.809(a) (Notice No. 96-9) made this point, and the FAA's response was: With respect to the potential for the exit to be somewhatremote from the point where the evacuees would contactthe ground, the FAA agrees that this may be the case. The intent ofthe requirement is to enable a person to ascertain whether to open an exit, and whether it is safe to evacuate through the exit, based on an assessment ofthe outside conditions. To the extentthatthe means used for determination ofthe former does not also allow an assessment ofthe ground, the FAA agrees that an additional viewing means may be necessary, and that the additional means may be somewhat remote from the exit. We have therefore reworded the amendment to allow for the dual purpose ofthe viewing means, and to distinguish the required locations ofthe two. Our intentinthis rule was that it is not necessary for a person to be able to view the ground contactpoint while in positionto open an overwing exit. The rule itselfrefers to the ground contact view separately from the view ofconditions outside the exit, but the intent ofthe rule was not clearly expressed inthe rule language. The FAA worked with the European Aviation Safety Agency (EASA) to improve the rule language, based on our experience applying this rule. EASA incorporated the improved language in their certification specifications (CS) at Amendment 25/12, dated July 13, 2012. CS 25.809(a)(3) states: For non-over-wing passengeremergency exits, a means must also be provided to permit viewing ofthe likely areas ofevacuee ground contact when the exit is closed with the landing gears extended or in any condition ofcollapse. Furthermore, the likely areas of 3evacuee ground contact must be viewable with the exit closed during all ambient lighting conditions when all landing gears are extended. The FAA is considering rulemaking to harmonize this requirement with EASA. The proposed configurationprovides a level ofsafety consistent with the intent ofthe rule. The window allows an outside view to assess the conditions outside priorto opening the exit. The evacuees can then open the exit and step out onto the wing and move along the wing to assess the conditions where they would make first contact with the ground. At that point, ifthe conditions were not acceptable, evacuees would search for another location from which to exit offofthe wing. To enforce literal compliance that is more stringent than our original intent for the rule would result in an unnecessary burden on the petitioner. The FAA's decision In consideration ofthe foregoing, I find that agrant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 40113 and 44701 delegated to me by the Administrator, I grant Textron Aviation an exemption from 14 CFR25.809(a). The exemption is granted to the extent necessary to allowTextron Aviation to partially comply with the outside viewing requirements for the overwing exits. Specifically, the exemption allows viewing the first point ofcontact with the ground after the exithas been opened and the evacuee is on the upper surface ofthewing on Textron Aviation Model 700 airplanes. Textron Aviation must demonstrate compliance with all otherrequirements of 14 CFR25.809(a) at Amendment 25-116 for this airplane.

Issued in Renton, Washington, on 

### JUN 15 2016

Dionne Palermo Acting Manager, Transport Airplane Directorate Aircraft Certification Service

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