AFS-16-9304-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 

 

GRANT 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-SPBrazil, 12305-010, petitioned the Federal Aviation Administration (FAA) on 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, lavatory, 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 regulation:

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 petitioner 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 Station Certificate Number is PRECERT: 5CZY462P.
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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 not 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 shipped to them by customers. C&D Brasil LTDA states the effect 

on safety will not be compromised.

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, 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 install 

smoke detection and fire suppression kits in aircraft cargo compartments. As the petitioner 

stated in its petition, suitable permanent housing 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 of 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 you 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 with 
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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, lavatory, 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 service 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 Brasil 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 accordance 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.

Issued in Washington, DC, on May 16, 2016.

/s/

John S. Duncan

Director, Flight Standards Service