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 Systems 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-E 
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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. 
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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 would 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 recorder 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. Recognition 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. 
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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 that 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 exemption 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 exemption 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 N470JF 
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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