# ._~ **EASTERN** ._. September 14,2015 PetiHon For Exemption of 121.1117 Flammability reduction means Eastern Air lines Group, Inc . is a Supplemental Air Carrier with a mailing address of : Eastern Air Lines Group, Inc. P. O . Box 526865 Miami, Florida 33152 Eastern was certified according to 14 CFR 119 .21 (a)(3} on May 13,2015 with one B 737-8AL aircraft, Registration N276EA. This a i rcraft met the certification compliance requ i rements of 14 CFR 121 . 1117 because a NGS was installed prior to certification. A second airplane N277EA was added to the 0085 Operation Specification July 29,2015. A NGS kit had been purchased for this aircraft and was ready for installation but the aircraft had been delayed in "8Y" Check by approximately seven weeks (this check wasn't controlled by Eastern} and Eastern didn't take possession of the aircraft until July 10, 2015 . Because Eastern had commercial business that had been contracted for, Eastern elected not to delay the check by a further 20 days to install the NGS system. Further and as a result of this delay, the purchased but not installed NGS kit was given back to Boeing so that kit could be installed on another carrier's aircraft . Eastern was given a credit for a future delivery of the NGS kit . With one aircraft fully compliant and the second aircraft not yet modified Eastern was in full compliance with 14 CFR 121.1117 ( e}} ( 1} . Eastern was now preparing to take delivery of its third aircraft, a B737-7L9 , but now the delayed NGS kit could not be delivered in its entirety until late October. Commercial business had been contracted for th is aircraft and it was arriving on the date originally specified by EAL. Even though it was not modified with the NGS system EAL would have been compliant with 14 CFR 121.1117(e)(1 J as originally planned because more than 50% of the EAL fleet were planned to be equipped with the NGS system . Eastern was fully aware of the compliance requirements of 14 CFR 121 . 1117 and began pursuing all available means of compliance with the full assistance and support from CM0- 29 . After exhausting all potential avenues that were available Eastern had no choice but to pursue an exemption to get the relief found in 14 CFR 121 . 1117(I} that was available to certificate holders that had applied for the relief contained in 14 CFR 121 .1117 (k} (2}. Accordingly, and In Accordance with 14 CFR Chapter l, Subchapter B, Part 11.81, on behalf of Eastern Air Lines , (EAL} a Supplemental Part 121 Air carrier, certificate number 29EA847N , I am requesting exemption from 14 CFR, Chapter 1, Subchapter B , Part 121 . 1117(e), Flammability Reduction Means Comp li ance Times. EAL is requesting this exemption because we are unable to utilize the compliance time extension offered in Operations Specification Paragraph A570 . Our formal request to have this paragraph added to our Operations specifications was denied because 121 . 1117 has the following limitations;

East ern A r Line s Group. Inc. Mlam 1International Airport. 4200 fJW 3 6 '' Street. B ldg . SA Mlam1. Flor1da 33 166 PO Box 526865 Mlam 1. Flonda 33152 Te l: 305 .869 .4249 easterna i rli nes.aero

# ~EASTERN (k) The compliance dates specified in paragraph (e) of this section may be extended by one year , provided that- ( 1) No later than March 26, 2009, the certificate holdernotifies its assigned Flight Standards Office or Principal Inspector that it intends to comply with this paragraph; (2) No later than June 24, 2009, the certificate holder applies for an amendment to its operations specification in accordance with § 119.51 of this chapter and revises the manual required by§ 121.133 to include 

### a requirement for the airplane models specified in Table 2 of this section to use ground air conditioning systems for actual gate times of more than 30 minutes, when available at the gate and operational, whenever the ambient temperature exceeds 60 degrees Fahrenheit ; and (3) Thereafter , the certificate holder uses ground air conditioning systems as described in paragraph (k) (2) of this section on each airplane subject to the extension. To support this request, EAL shall revise its General Maintenance Manual (GMM) to address 121.1117 by adding verbiage from the rule into the GMM Chapter 18, Technical Operations Approved Programs . EAL will also place placards into flight decks of the effected aircraft that mandate ground operation of the Auxiliary Power Unit (APU) and environmental systems for 30 minutes or longer is not authorized when outside ambient temperatures are 60 degrees Fahrenheit or higher. The EAL Vice President of Flight Operations will issue a bulletin to the flight crews to ensure the awareness of and compliance with these restrictions. In the event that effected EAL aircraft can utilize ground air conditioning systems at locations where it may be available and operationaL EAL will instruct flight crews that the aforementioned requirements remain in effect for actual ground or gate times of 30 minutes or longer to ensure compliance with 121 . 1117 and Operations Specifications paragraph A570 . EAL will revise the effected training for flight crews and ground operations personnel to address the above requirements. All of the above commitments will be in place by September 15, 2015. The EAL a ircraft effected by this extension are Boeing 737-8CX MSN 32359 N277EA and B737 7L9, MSN 28006 N674AC . EAL has made arrangements for and paid for the Nitrogen Generating System modification accomplished by December 26 , 2015 on N277EA. This OEM modification will permit EAL to be in compliance with 121.1117 (e) (1 ) . Eastern was unable to meet the requirements of 121.1117(k)(2) because EAL was not certificated until May 13, 2015. The first EAL aircraft, N276EA a B737-8 has been in compliance with 121 .1117 since our FAA Certification allowing EAL to comply with the 50% compliance requirement of 12 1 . 1117)(e))(1 ). Obviously the crofters of 121.1117 contemplated possible extension times because of manufacturing capabilities and potential other unforeseen reasons and allowed for this extension by adding the provisions contained in 121.1117(1). EAL does not wish to extend the dates allowed in 121.1117(e) with the issuance of Operations Specification A570 but rather, wishes to take advantage of that same extension which could not be issued because EAL did not exist as a certificate holder by the date the extension request was required . EAL however is in existence prior to the date that the extension would expire on December26 , 2015 if it could have been issued . East ern Ar L1 nes G roup. Inc Miam i Int ernat io na

l Airport. 4200 NW 36" Street. Bldg. SA

**f\ ,a**  **1.** Flon da 33 1 66 P

O Box 526865 Mlam 1 . Flonda 33 1 52 Tel : 305 .869.4249 easternai rl ines. aero

# ~EASTERN Because the ma j ority of Eastern's flying is international we request this exemption for bot h domestic and i nternationa l operations . To summarize , an equivalent leve l of safety is achieved by t his request . The same number of compliant aircraft will be in the whole B 737 fleet in the United States and EAL will not be penalized financially because of a regulation that didn't contemplate carriers certificated after June 24, 2009 . Eastern is asking for a short term exemption from 121.1117(e) until December 26 , 2015 or the issuance of Operations Specification A570. Eastern feels that this request is justified becaus e FAR 12 1 .1 1 17 did not provide alternatives for operating certificates that were issued after June of 2009 as it did for certificates issued prior to June of 2009 . EAL is confident the above commitments are more than sufficient to ensure compliance with 121 . 1117 and will assure a level of safety equal to or greater than the intent of this regu la tion . Sincerely,



# ~~/~ Robert Scaglione Eastern Airlines Chief ln s pector/DQC

Eastern A r L tnes Group. Inc. Mtamt ln ternatt on al Atrport. 4200 fJ W 36" Stree t . Bldg . SA M:amt. Flortd a 33166 PO Box 526865 Mtami. Flonda 33 152 T el: 305.869 .42 4 9 easterna irl ine s.ae ro