### Exemption NO.I0051A

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDER"l- AVIAnON ADMINTSTRA nON RENTON, WASHINGTON 98057-3356

Inthe matter ofthe petition of Lufthansa Technik AG for an exemption from § 26.47 ofTitle 14, Code ofFederal Regulations Regulatory Docket No. FAA-2009-1241



## GRANT OFEXEMPTION By asubmission to the Department ofTransportation' sFederal Docket Management System (FDMS) dated December 9, 2009, Mr. lochen Volkmar, ofLufthansa Technik AG (LHT), Postfach 63-03-00, D-22313 Hamburg, petitioned theFederal Aviation Administration (FAA) for an exemption from the requirements ofTille 14,Code ofFederal Regulations (14 CFR) 26.47. Section 26.47 requirements arerelated to the development ofdamage-tolerance data for alterations andrepairs to alterations. This exemption i~requested forthe supplemental type certificates (STC) installed onprivate-use aircraft listed inTable I, below.

Table 1: Airplanes affected by 

### Ekemption No. I0051A.

, STC# Description IsJue Date Limitation! 

### A;rplaneMO+ I Exemption ST02203NY Installation ofa VIP Cabin lntcrior lan! 12,2006 on STC 747-400 , ST02307NY UAE 747 Completion, EASA Upgrade Kit Oct. 27, 2006 on STC 747-400 STOIS37NY VIP Cabin Completion (EAGLE) Dee, 2, 2003 on STC 737-800 STOJ845NY VIP Cabin Completion (EVERGREEN) Dec. 18, 2003 on STC 737-700lGW ST02000NY VIP Cabin Completion (MlDROC) Sept. 28, 2004 on STC 737-800 ST02096NY Installation ofa VIP Executive interior May 24, 2005 on STC 737-700IGW ST02675NY VIP Cabin Completion Jan. 29, 2009 on STC 737-700lGW STOO742SE Installation of VIP Cabin Interior Oct. 07, 1999 7029 737-700IGW STOl276NY Installlltion ofa VIP Cabin Interior Feb_27.2001 7317 777-200 STOl341NY Saudi Oger VIP Cabin Installation I (8[31) Apr_IS, 2001 7475 737-700IGW ST0138INY Nellet VIP-Cabin Installation (BB1) Aug. 24, 2001 7572 737-700IGW STOI460NY Saudi Oger VIP Cabin Installation (881) Feb. II, 2002 6820 737-800

### The petitioner requests relief from the following regulations:



### §26.47, Holders ofand applicants for a supplemental type certificate

- Alterations and repairs to alterations, which requires development ofdamage-tolerance data foralterations and repairs to alterations. The petitioner supports its request with the following information: This information is quoted from Mr. Jochen Volkmar's petition letter dated December 9, 2009. The complete petition may be found on the internet athttp://www.regulations.gov, indocket no. FAA-2009-1 24I. Reasons Why the Exemption Would Not Adversely Affect Public Safety The listed STCs are restricted toprivate use only, as stated inthe limitation section oftJ1C STCs orrelated exemptions. Aircraft operation is neither performed under 

### § 121 or § 129, nor will the operator adopt maintenance requirements specified in § 121.1109. A change from private tocommercial operation would require an amendment toany of these operationally limited STCs. This process would be followed by the FAA and would consequently result inconsideration of 14CFR part 26requirements. Reason the Exemption 'Vould Benefit the Public Interest Granting the petition for exemption would be inthepublic interest because itwould significantly reduce workload onFAA side. Furthermore the generation ofthe DT data forthese aircraft would be very costly to LHT, with noperspective ofcompensation. Federal Register publication The FAA has determined that good cause exists forwaiving the requirement forFederal Register publication andpublic comment because the exemption, ifgranted, would not set aprecedent, as itis similar topreviously granted exemptions onthis subject. The FAA's analysis The FAA has developcd criteria to consider when deciding whether to grant ordeny adesign I 

### approval holder's (D~H) petitio? for e~e~ption fromIpart26requirements. These criteria were meant as ageneral gUIdeto makmg deCiSIOnsabout stichrequests and were not developed for any specific request. The FAA uses these criteria as astarting point formaking its decision. However, other factors may also be considered before afinal decision ismade on anyparticular exemption request. The criteria are described inthe following tablc.

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### Table 2: Criteria for Considering Eligibility for Exemption from 

### §26.47.

If the airworthiness authority for the And And And Then state of design is The FAA No airplanes are , No airplanes are being , No airplanes are The DAH may operating under pan operating undtr part 129 operated by aforeign be eligible for 121 anditisunlikcly (N-registered}rand it is air carrier and itis an exemP

## "tlOi that any will do so in unlikely that any will do unlikely that-any will the furureJ so in the futur~J do so inthe future] The FAA Airplanes are operating Airplanes are pperating Airplanes are being , 111eDAH may under part 121 but no under part 129 (N- operated by a foreign be eligible [(ir airplanes will be registered) but no air carrier but no an exemption operated under pan 121 airplanes will be airplanes will be after the operational operated under part 129 operated by a foreib'll rule compliance date' (N"registered): atter the air carrier after the and itis unlikely that operational rule operational rule any will return to such compliance dtel and it compliance date! and it service in the future] is unlikely th~t any will isunlikely that any will return to such service in return to such service the future' I in the future] Not the FAA No airplanes are No airplanes dre The DAH m~y operating under part operating unctbrpart 129 be eligible for 121 and it isunlikely (N-registered)1 and itis 

### - an exemption that any will do so in unlikely thm tinyWlUdo I the future' so inthe future] I Not the FAA Airplanes arc operating Airplanes are Operatlng The DAH may under part 121 but no under part 129 (N- bc eligible for airplanes will be registered) bu: no an exemption operated under part 121 airplanes willjbe after the operational operated under part 129 rule compliance date1 (N-registered) after the

- and itis unlikely that operational rule any will return to such cumpliance d~te 2and it service inthe future] is unlikely that any will I return to suchlserVice in the futureJ

Ilbe design approval holder must demonstrate that these airplanes will rot be operating under part 121 or part 129,or operated by a forcign air carrier, after the operational rule compliance date by obtaining documentarion ofsuch from the current owners/operators ofthe airplanes. I

2The design approval holder mliSIdemonstrate that these airplanes will nOIbe operating undl'Tpart 121 orpart 129 after the operational rule compliance date by obtaining documeotation ofsuch frJm the current owners/operators of lhe airplanes. JArguments forthe likelihood ofan airplane not entering into air carrieriservice in thefUlure ~hould center on [he airplane's age and/or current configuration. 

### The determination ofwhether an airplane is operatinglunder part 121 orpart 129 isbased on whether that particular airplane is listed on an aircarrier's Operations Speclfications. The rationale behind the criteria contained in thetable!above is this: The rule requires DAHs to develop data foruse by operators. Ifthere are no operators for aparticular aIrplane who are required bytherules to use such data, itwould be apdor useofresources forthe DAH to develop it. Therefore, itwould benefi.tboth the DAH Andthepublic as awhole to spend resources onmore important safety issues rather than

# bn developing data that will not be used. In addition, granting such an exemption would notadverkely affect safety because there are no

3airplanes that would be required to incorporate the data, nor is 

### it likely that tbere will be any in

the future. I The FAA is not the alJWorthiness authority for the state of design for Lufthansa Technik AG STCs listed in Table I. The FAA has reviewed Lu-fthansa Technik AG's request, and has detelmined that no affected airplanes are operating ul1<;'ler part 121 or part 129 (US registered). 

### Additional information This exemption grants rchefto Lufthansa Technik AGifrom having to meet the requirements of § 26.47 for the SICs identified in Table 1 for the development of damage-tolerance data for alterations and repairs to alterations. This exemption does not grant relief from the related operational requirements contained in 

### § 121.1] 09 or 

### § 129.109. Should aperson choose to operate an airplane with the STCs listed in Table 1 under part 121 or part 129 beyond the operational compliance deadlines as stated in 

### § 121.1109 or 

### § 129.109, that person will be required to comply with those operational requirements. Note that Boemg Model 737-700IGW, 737-800, and 777-200 airplanes are certified to the damage-tolerance requirements of 

### § 25.571 (post Amendment 25-54), 

### Damage- Tolerance and Fatigue Evaluation ofStructure, and 

### § 25.1529, 

### instructions for Continued Ainvorthil1ess, as documented on Type Certificate Data Sheets A16WE bnd TOOOaSEl, respectively. Supplemental-type-certificate holders and applicants are responsible for detailed design data associated with STCs installed on these airplane mode's, including damage-tolerance data and I instmctions for continued airworthiness (ICA) as required (for the baseline STC and repairs developed by STC holders/applicants) to maintain the ,original certification basis. 

### The Grant ofExemption In consideration of the foregoing, I find that a grant of exemption is in the public interest and will not adversely affect safety. Therefore, pursuant talthe authority contained in 49 

### U.S.c. 

## §§ 40113 and 44701, delegated to me by the Administrator, Lufthansa Technik AG is hereby granted an exemption from 

### § 26.47 for those STCs listed in Table 1.



### Issued inRenton, Washington on 

## JUL12 

## 2010

Ali Bahrami Manager, Transport Airplane Directorate Aircratt Certification Service



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