AFS

- 16

- 1453

- E Exemption No. 17018

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

Stewart Industries International Regulatory Docket No. FAA

- 2015

- 5513

Roswell

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

PARTIAL GRANT OF EXEMPTION

By letter dated October 7, 2015, Ms. Andrea Fitzsimmons

, Director of Quality / Chief Inspector

, Stewart Industries International Roswell

, LLC ( Stewart Industries ), 605 E Challenger St.

, Rosw ell, NM 88203 on behalf of Stewart Industries International Roswell LLC (Stewart Industries) petitioned for an exemption from § 145.103(b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Stewart Industries to perform

air craft storage and related maintenance on transport category airplanes without providing suitable permanent housing to enclose the largest aircraft listed on its operations specifications 100 percent of the time.

The petitioner requests relief from the f ollowing regulation :

Section 145.103 prescribes, in pertinent part, that (b)

, a certificated repair station with an airframe rating must provide suitable permanent housing to enclose the largest type and model of aircraft listed on its operations specifications.

The petitioner supports its request with the following information:

Stewart Industries states

, that it chiefly performs storage for America n Airlines and leasing companies . The maintenance functions performed in order to meet the storage requirements are not intended, nor required, to be accomplished in a hangar. Stewart Industries has hangar space and warehouse space for engines and other parts removed for storage prior to shipment. Stewart Industries further states its intent when placing an aircraft into storage configuration is to protect the aircraft from the element s, as it is stored outside

, and the environment in2

Roswell, NM

, is ideal for outside storage of aircraft. Stewart Industries seeks this exemption from the housing requirement § 145.103(b) because it wishes to perform storage preparation work on Boeing Mod els 757 and 767 aircraft, and these aircraft will not fit within its own hangar.

Stewart Industries notes that American Airlines is aware of Stewart Industries’ inability to fit the aircraft in its hangar

, and American Airlines finds Stewar t Industrie s’ maintenance practices acceptable and laudable. Stewart Industries also notes that it has an agreement with Dean Baldwin Painting, also located in Roswell, NM, to utilize its hangar space when the nature of the work requires that the aircraft be enclosed in housing to satisfy the requirements of § 145.103(b) . However, t he local Flight Safety District Office (FSDO) in Lubbock, TX

, rejected Stewart Industries’ use of this facility to meet the § 145.103(b) requirement , stating

that because Stewart Industri es would not have control of the hangar, the arrangement would

not meet the intent of the regulation. Stewart Industries stated that if it did not receive the requested exemption and could not perform the above

- described work on the Boein g Model

757 and 7 67 aircraft, some of its operations would cease, and the impact on the local economy

would be detrimental.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, wo uld not set a precedent, and any delay in acting on this pe tition would be detrimental to Stewart Industries

.

The FAA's analysis is as follows:

Stewart Industries holds limited airframe and limited powerplant rating s with the limitations of performing maintenance, repairs, alterations

, and inspections on airframes and powerplants . The company perform s those functions on aircraft listed on i t s capability list

. Some of the aircraft fit inside the company’s own hangar, and this is reflected in Stewart

Industries ’ Repair Station Manual ―however, the Boeing Models 757 and 767 aircraft do not

.

The FAA regulations require that repair station facilities be suitable to protect aircraft assemblies and subassemblies through c ontrol of temperature, humidity, and other climatic conditions sufficient to ensure personnel perform maintenance, preventive maintenance, or alterations to the standards required by part 145. Stewart Industries has not provided evidence

that the company is able to protect the aircraft during maintenance from weather elements such as heat, sand, moisture, snow

, and wind at all times

. Repair station personnel must also be protected from the elements so that neither physical efficiency nor the quality of wo rk performed will be impaired. The FAA is flexible in situations where a petitioner has

demonstrated that strict compliance with a regulation is unnecessary or unreasonable , and when an equivalent level of safety can be maintained

.

Every orga n i zation t hat petitions for an exe m ption from FAA regulations must de m onstrate
how a level of safety equiv a le n t to th at pr o vided by the rule will be m aintained under the

exe m ption. Stewart Industries has not demonstrated how it would achieve a level of safety equivalent to that provided by the rule requiring it to provide housing t o enclose the entire3

aircraft at a ny time work is being performed

. Therefore, the FAA finds that a full grant of the requested exemption would not be in the public interest. However, t he FAA is granting a partial exemption from § 145.103(b) to permit Stewart Industries to perform basic storage preparation work on the Boeing 757 and 767 transport category aircraft outside of the housing require d by the regulation and in accordance with the additional conditions and limitations set
forth below

.

The FAA’s Decision

In consideration of the foregoing, I find that a partial 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, Stewart Industries International Roswell

, LLC

, is granted a partial exemption from 14 CFR § 145.103(b) to the extent necessary to

allow Stewart Industries to perform storage preparation work on Boeing 757 and 767 aircraft

listed on i t s operations speci fications or capability list in accordance with the limitations specified in those operations specifications, and subject to the conditions and limitations listed

below.

Conditions and Limitations

1. When performing storage preparation work outside of housing, p rotection of the

aircraft and maintenance personnel are required during inclement weather conditions.

2. Stewart Industries may utilize an other person’s hangar space to enclose the aircraft

when the nature of the work requires the Boeing 757 and 767 aircraft to be housed.

Partial grant of e xemption from § 145

. 103(b) is granted

.

This exemption terminates on July 31 , 20 18 , unless sooner superseded or rescinded.

Is sued in Washington, DC, on July 1, 2016

.

/s/ John Barbagallo Deputy Director, Flight Standards Servic e