Exemption No. 10432

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

SURDEX GEOSPATIAL Regulatory Docket No. FAA-2011-0534 SYSTEMS INTEGRATION, LLC

for an exemption from § 125.226(b)(2) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letters dated May 10 and August 12, 2011, Mr. Chuck King, Director of Maintenance, Surdex Geospatial System s Integration, LLC (SGSI), 203 Airport Drive, Hangar 6, Westminster, Maryland 21157, petitioned the Federal Aviation Administration (FAA) on behalf of SGSI for an exemption from § 125.226(b)(2) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow it to operate three ATR-42-320 airplanes without meeting digital flight data recorder parameters (a)12, 13,

and 14.

The petitioner requests relief from the following regulation:

Section 125.226(b)(2) prescribes, that for all turbine-engine powered transport category airplanes manufactured on or before October 11, 1991, by August 20, 2001, for airplanes that were equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(22) of this section must be recorded within the ranges, accuracies, and recording intervals specified in Appendix E of this part. Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.

AFS-11-321-E2

The petitioner supports its request with the following information:

The petitioner states it has safely operated under a part 125 deviation from 1991 until October 2008. It currently has an approved deviation to the regulation as listed on letter of authorization paragraph A005. The petitioner states its operation is to provide aerial geological survey services and carries a crew of six persons only and no passengers are carried during any of the operations.

The petitioner states the change to part 125 operation identified a discrepancy in the flight data recorder (FDR) parameters list. Its three ATR-42-320 aircraft currently meet the “18” parameter list as defined by § 125.226 before a rule change in 1997 (Federal Register Vol. 62, No. 137, dated July 17, 1997). Operators were given until August 18, 2001, to meet this requirement. The petitioner states having a full part 125 deviation until recently, it was not required to perform any upgrade since the rule change.

The petitioner asserts the current FDR records 39 parameters including many engine parameters and airframe system discretes that are listed in Appendix E of the regulation. However, the system does not record mandatory parameters (a)12, (a)13, and (a)14, the flight control inputs. The petitioner characterizes these parameters as not enhancing the safety or performance handling qualities of the aircraft. The petitioner states that the aircraft currently record the flight control surface positions required under parameters (a)15, (a)16, and (a)17. The petitioner stated that the primary flight control systems are mechanical, and that there are no hydraulic or electric controls. Other than a break in the control circuit, it would be impossible for the surface and the control to be in different positions.

The petitioner states the FDAU currently installed cannot be modified to add the new parameters as it is no longer in production and has limited support from the original equipment manufacture (OEM). This FDAU is also utilized for other functions as well as the FDR system, including the engine power management system. It also gathers and stores information for engine condition trend monitoring utilized to detect negative trends in engine operation and is part of the approved maintenance program.

The petitioner notes the OEM has not developed a service bulletin that addresses the requirement. The petitioner anticipates a lengthy schedule and potentially a cost prohibitive process for ATR to engineer and develop a modification program for its

fleet of three aircraft.

The petitioner states that not installing the extra parameters for the FDR, neither airworthiness nor safety will be compromised since the primary flight control systems are mechanical and flight control surface positions are currently and will continue to be

monitored and recorded.3

The petitioner requests that the FAA consider that it has been operating with only two aircraft of its three airplanes and that one of its ATR-42 aircraft has been involved in an extensive modification and certification project for over five years. Due to one-third of its fleet currently down for modifications, SGSI could not financially and feasibly begin FDAU modifications until third quarter of 2012.

The petitioner states, if denied, SGSI would resort to a request for an extension to the letter of deviation authority (LODA) in order to get all three aircraft modified to meet the required FDR parameters. The aircraft OEM does not support upgrading the FDAU to add the additional parameters since it is no longer in production. SGSI has not found any possible solution to upgrading the FDAU before February 2012.

In addition, Delta Engineering, a company with organizational designation authorization (ODA) authority is currently working on a prototype supplemental type certificate (STC) to upgrade the FDAU to incorporate an aircraft performance monitoring function. The STC will replace the current FDAU with a new production unit. Delta Engineering forecasts approval for this FDAU in late 2011. The petitioner states that extending the LODA expiration w ould allow SGSI to adequately plan for upgrading the FDAU as well as the FDR and would allow additional time for the aircraft OEM to develop a service bulletin that could possibly become a better option than installing the Delta Engineering STC.

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 SGSI.

The FAA’s analysis is as follows:

The petitioner stated that it has managed, through LODAs, to operate its ATR aircraft under part 125 without complying with the flight record er regulations of that part. In December 2008, the FAA chose to eliminate the use of deviations for flight recorders and gave operators notice that they would no longer be available after February 2, 2012. The persistent use of deviations to avoid the flight recorder requirements that took effect in 1997 is the reason the FAA chose to eliminate the deviations. The petitioner had more than three years’ notice of the change, yet it has waited until now to address the situation.

The petitioner bases part of its argument on the fact that its usual operations do not carry passengers. But flight recorder equipment is not intended to protect passengers; it is used to help determine the cause of accidents and incidents that affect all similar aircraft regardless of the missions they perform or who are on board. R ecognition of the need to record that type of irreplaceable information led the FAA to the 1997 changes to the regulations and to the determination that all aircraft continuing to operate under part 125 are no different from any

other when the issue is the aircraft themselves.4

The FAA will grant the exemption relief requested for the three subject airplanes for up to 18 months from the date of this exemption, but only under the following significant conditions. SGSI must submit to its principal maintenance inspector (PMI) a copy of a detailed equipment development, acquisition, and installation schedule that would upgrade the airplanes to the required 22 parameters before the expiration of this petition. In the event that the petitioner fails to submit notice of its interim progress toward compliance, this exemption will terminate immediately and the airplanes will be removed from SGSI’s operations specifications. The PMI may coordinate any documents presented pursuant to this exemption with the Avionics Maintenance Branch (AFS-360) at FAA headquarters and the Office of the

Chief Counsel.

The petitioner has requested 12 months to accomplish the engineering and development of an STC or OEM approved bulletin and 6 months for installation of the required flight recorder parameters. The FAA is granting this exemption for up to 18 months to allow for any difficulties with the certification or installation. Accordingly, the petitioner is on notice to plan accordingly since no extensions of this exemption will be considered regardless of the interruption of service that may be experienced. The petitioner is further on notice that the FAA will not consider extension of this exemption to any airplanes other than the three listed in this petition.

The FAA is not considering extending the date th at letters of deviation authority expire under the regulation, February 2, 2012. All part 125 operators have been on notice of this change since December 2008, and the petitioner has not distinguished itself from other operators of the ATR-42 that are subject to the same regulatory requirements. The petitioner’s alternative request to operate the airplanes under an extension of its LODA with 18 parameters is denied.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exem ption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Surdex Geospatial Systems Integration, LLC, is granted an exemption from 14 CFR § 125.226(b)(2) to the extent necessary to allow SGSI to operate the three subject airplanes until they are retrofitted to meet the requirements of that section, subject to the conditions and limitations listed below.

Conditions and Limitations:

1. This exem ption applies only to the following airplanes while registered to the petitioner, Surdex Geospatial Systems Integration, LLC:

Make Model Serial No. Registration No. Aerospatiale ATR-42-320 016 N212AZ Aerospatiale ATR-42-320 252 N315CR Aerospatiale ATR-42-320 247 N470JF5

2. This exemption applies only to the recordation of the parameters required by 14 CFR § 125.226(b) and listed in § 125.226(a)(12) through (a)(14) by the three subject airplanes.

3. No later than May 31, 2012, the operator must submit to its PMI, a letter outlining the progress made toward compliance with the installation of the flight recorder parameters required under § 125.226(b), and a firm schedule for installation of the equipment required to make the three airplanes compliant before the termination date of this exemption. This schedule must include information demonstrating the petitioner’s financial commitment to the

installation.

4. The PMI may coordinate any submitted plans or other documents with the Avionics Maintenance Branch (AFS-360), at FAA headquarters, which may in

turn coordinate the documents with the Office of the Chief Counsel for the continued operation of the airplanes under this exemption.

5. Failure to comply with item No. 3 of these conditions and limitations will cause this exemption to terminate immediately, and the airplanes to be removed from the operator’s operations specifications.

6. No airplanes may be added to the list of affected airplanes listed in item No. 1, regardless of the date of acquisition.

7. No extensions of this exemption will be considered, regardless of any service impact claimed by the operator.

8. This exemption may not be construed as allowing the extension of any deviation authority past February 2, 2012.

This exemption terminates 18 months for the date of signature, unless sooner superseded or

rescinded.

Issued in Washington, DC, on January 11, 2012.

/s/

John W. McGraw Acting Director, Flight Standards

Service