Exemption No. 9710

UNITED STATES OF AMERICA\
DEPARTMENT OF TRANSPORTATION\
FEDERAL AVIATION ADMINISTRATION\
WASHINGTON, DC 20591

In the matter of the petition of

**AIRLINE TRAINING CENTER Regulatory Docket No. FAA-2005-22698**

**ARIZONA, INC.**

for an exemption from § 91.9(a)

of Title 14, Code of

Federal Regulations

# DENIAL OF EXEMPTION

By letter dated September 28, 2005, Mr. David C. Boles, Flight
Operations Manager, Airline Training Center Arizona, Inc. (ATCA),
Phoenix-Goodyear Municipal Airport, 1658 South Litchfield Road,
Goodyear, Arizona 85338, petitioned the Federal Aviation Administration
(FAA) on behalf of ATCA for an exemption from § 91.9(a) of Title 14,
Code of Federal Regulations (14 CFR). The proposed exemption, if
granted, would allow ATCA to operate its Grob G120A (G120A) airplane at
acrobatic maximum zero fuel weight (AMZFW) that is 30kg higher than the
G120A certificated AMZFW. It would also allow ATCA to limit the maximum
operating load factors to +5.83G/-3.89G while operating at the higher
AMZFW.

**The petitioner requests relief from the following regulation:**

> Section 91.9(a) prescribes, in pertinent part, that except as provided
> in paragraph (d) of the section, no person may operate a civil
> aircraft without complying with the operating limitations specified in
> the approved airplane or rotorcraft flight manual, markings and
> placards, or as otherwise prescribed by the certificating authority of
> the country of registry.

**The petitioner supports its request with the following information:**

> The petitioner states that a grant of exemption would be in the public
> interest. Granting an exemption would allow the continuation of ATCA
> training of German Air Force Pilots as part of the Euro-NATO Joint Jet
> Pilot Training Program. A grant would also avoid an adverse economic
> impact to the City of Goodyear, Arizona. The petitioner included
> letters from Mr. Joseph P. Breen, Air Attaché American Embassy Berlin
> and James M. Cavanaugh, Mayor of the City of Goodyear, as supportive
> information.
>
> The petitioner also states that an exemption would have no adverse
> effect on safety for several reasons. Operating the ATCA fleet of
> G120A aircraft up to 30kg above the published AMZFW and reducing the
> maximum load factor to +5.83G/-3.89G will provide a level of safety at
> least equal to that provided by the rule from which ATCA seeks relief.
> The petitioner included a load statement for AMZFW increase that was
> provided by the aircraft manufacturer. The petitioner states that this
> reduction of maximum load factors will be incorporated in the training
> syllabi for the G120A fleet at ATCA. Also, this exemption would only
> apply to German Air Force training based at Goodyear Airport,
> utilizing the only six G120A aircraft on the U.S. registry, all of
> which are owned and operated by ATCA. Therefore, no precedent is
> presumed for any other training programs or aircraft.

The FAA has determined that good cause exists for waiving the
requirement for [Federal Register]{.underline} publication because the
exemption, if granted, would not set a precedent, and any delay in
acting on this petition would be detrimental to ATCA.

**The FAA\'s analysis is as follows:**

> The FAA has considered fully the petitioner's supportive information.
> The FAA finds that an exemption would not be in the public interest as
> the petitioner has failed to adequately demonstrate an equivalent
> level of safety.
>
> The FAA has determined that changes that affect an airplane's weight
> and operational characteristics are a major change to the type design
> as defined in 14 CFR § 21.93(a). The requested increase to the maximum
> zero fuel weight (MZFW) and reduction in maximum maneuvering load
> factor are therefore a major change to the type design. Further, §
> 21.113 requires that any person who alters a product by introducing a
> major change to the type design shall apply for a supplemental type
> certificate.
>
> Advisory Circular (AC) 23-19A, Airframe Guide for Certification of
> Part 23 Airplanes, enumerates several concerns with maximum weight
> limit increases, including MZFW increases. These concerns include
> basic airplane loads, structural strength, design airspeeds, flutter,
> and fatigue and damage tolerance.
>
> The FAA finds that the petitioner's request attempts to compensate for
> the MZFW increase by decreasing the maximum allowed maneuvering load
> factor. This approach may be adequate to address increased wing
> symmetric flight loads due to the MZFW increase, but may be inadequate
> in addressing other critical flight loads, ground loads, and
> structural strength. The request also does not address the effects of
> the MZFW increase on the Grob G120A 15,000 hour operational life limit
> and 3,000 hour repetitive inspection program.
>
> The petitioner's request is somewhat unique in character and narrow in
> scope in that it addresses a very small number of aircraft in a
> limited and specific application. However, it does not currently
> provide nor does it ensure in the future the equivalent level of
> safety required to benefit the public as a whole. Therefore, the FAA
> has determined that the requested relief is not justified by ATCA's
> petition.

# The FAA's Decision:

In consideration of the foregoing, I find that a grant of exemption
would not be in the public interest. Therefore, pursuant to the
authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by
the Administrator, the petition of Airline Training Center Arizona,
Inc., for an exemption from 14 CFR § 91.9(a) is hereby denied.

Issued in Washington, DC, on June 13, 2008.

/s/

James J. Ballough

Director, Flight Standards Service