AFS

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- E Exemption No. 16652

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

C&D ZODIAC BRASIL LTDA Regulatory Docket No. FAA

- 2016

- 4560

for an exemption from § 145.103(b) of Title 14, Code of Federal Regulations

GRAN T OF EXEMPTION

By letter dated August 12, 2015, Mr. Fabio Vieira

, Accountable Manager, C&D Zodiac Aerospace, Brasil LTDA, AV Getulio Dornelles Vargas, 3000

- Corrego Seco, Jacarei

- SP

Brazil, 12305

- 010, petitioned the Federal Aviation Administration (FAA) o n behalf of C&D

Brasil LTDA for an exemption from § 145.103(b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow C&D Brasil LTDA to repair interior aircraft parts such as galleys, wardrobes, stowage, lavato ry, passenger service units, panel assemblies, overhead bins, ceilings, seats, finishing covers, shrouds, linings, etc., without meeting all of the housing and facility requirements of § 145.103 (b)

.

The petitioner requests relief from the following regula tion :

Section 145.103(b) prescribes, in pertinent part, that , “ A certificated repair station with an airframe rating must provide suitable permanent housing to enclose the largest type and model of airplane listed on its operations specifications. ”

The pe titioner supports its request with the following information:

The petitioner states that C&D Brasil LTDA is currently applying for a FAA Repair Station Certificate for a foreign repair station. The current Repair Statio n Certificate Number is PRE

CERT : 5C ZY462P.AFS

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The petitioner noted that it’s required to obtain an Airframe rating due to the proposed repairs of interior aircraft parts and that it intends to provide repair services of only interior components described in ATA 25 and ATA 35 codes, and will n ot work on the entire aircraft. The petitioner also noted that it believes that there is no need to house or enclose the largest type and model of aircraft listed on its operations specifications because they will only work on interior parts that are ship ped to them by customers. C&D Brasil LTDA states the effect on safety will not be compromised.

T he FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a p recedent, and any delay in acting on this petition would be detrimental to C&D Brasil LTDA

.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 7459 (copy enclosed), the FAA found that the FAA agrees with the petitioner’s rationale for not requiring housing to ins tall smoke detection and fire suppression kits in aircraft cargo compartments. As the petitioner stated in its petition, suitable permanent housi ng is necessary when repair stations are performing functions such as “D” checks or when the aircraft has been disassembled or compromised in some way. However, the FAA finds that C&D Brasil LTDA has shown that its situation is unique because the repair o f aircraft interiors, galleys, storage bins, service units, seats, etc., can be accomplished in suitable housing as identified in § 145.103(a), and not compromise the safety of the articles being maintained.

Having reviewed your reasons for requesting an exemption, I find that

-

 They are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 7459;

 The reasons stated by the FAA for granting the enclosed Grant of Exemption No. 7459 also apply to the situations y ou presented; and

 For the reasons stated in Grant of Exemptions No. 7459 a grant of exemption is in the public interest.

The FAA's analysis is as follows:

C&D Brasil LTDA has submitted an application to the FAA for obtaining an Air Agency

Certificate with an airframe rating

. In support of the application, C&D Brasil LTDA is specifically petitioning an exemption from the housing requirements identified in § 145.103(b), which requires airframe rated repair stations to provide housing to enclose the largest type and model aircraft listed on its operations specifications. In order for C&D Brasil LTDA to perform maintenance, repairs, and alterations on airframe interior

components, it must be issued an airframe rating. However, the need to obtain housing to enclose the largest type and model aircraft that will be listed on its operations specifications is unnecessary because it will not be performing maintenance on the entire aircraft. C&D Brasil LTDA has submitted evidence of providing suitable housing and facilities in accordance withAFS

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§ 145.103(a) to support its intended operations of performing maintenance on airframe interior components. C&D Brasil LTDA will be providing airframe interior component repairs on items such as galleys, wardrobes, stowage, lav atory, passenger service units, panel assemblies, overhead bins, ceilings, seats, finishing covers, shrouds, linings, etc., this type of interior repair activity supports a wide range of air carrier’s and aviation industry in a whole.

C&D Brasil LTDA ’s se rvice is one that is vital to the aviation industry and a grant of exemption to the housing requirements identified in § 145.103(b) would be in the public

interest.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701

, delegated to me by the Administrator, C&D Brasil LTDA is granted an exemption from

14 CFR § 145.103(b) to the extent necessary to allow C&D Bra sil LTDA to operate a repair station with an airframe rating without providing suitable permanent housing to enclose the largest type and model of aircraft listed on its operations specifications, subject to the

conditions and limitations described below.

Conditions and Limitations

1. C&D Brasil LTDA must provide housing in accordan ce with § 145.103(a)(1)(2)(i

- v) for the airframe interior component maintenance as presented in this petition.

This exemption terminates on May 30, 2018 unless sooner superseded or rescinded

.

Is sued in Washington, DC, on May 16, 2016

.

/s/

John S. Duncan Director, Flight Standards Service