07/23/2010 09:30 8163294157 ACE 188 PAGE 02/04 

O !•-•'•' 1 Vi l..;..v,.-: UiilrtllUlV 

U.S. Department ^ .' Small Aixplane Directorate 

of Transportation 901 Locust Street 

Kansas City, Missouri 64106 

Federal Aviation 

Administration 

JUL 2 2 2010 

Mr. Kim Hackett 

ODA Administrator, ODA-100129-CE 

Cessna Aircraft Company 

One Cessna Boulevard, P.O. Box 7704 

Wichita, Kansas 67277-7704 

Dear Mr. Hackett: 

This is in response to your April 7,2010, letter (Ref,: L3 90-10-1190) petitioning the Federal 

Aviation Administration (FAA) on behalf of Cessna Aircraft Company for an extension of 

Exemption No. 9906. That exemption from § 23.979(b)(2) of Title 14, Code of Federal 

Regulations (14 CFR) permits Cessna to receive type certification approval of the Model 525C 

series airplanes with a non-compliant type design for the pressure reftieling panel for a limited 

time. 

In your petition, you explain the development work and subsequent production introduction 

caimot be feasibly accomplished within the timeframe specified in the exemption. Tlierefore, 

Cessna requests a time limit extension to February 1, 2011, for incorporation into production line 

requirements of a pressure refueling panel frilly compliant with the requirements of 

§ 23.979(b)(2), and until February 1,2012, for retrofit of all fielded Model 525C series airplanes. 

You also state that the Model 525C operators have the option of overwing refiieling and that you 

desire to allow operation of airplanes that are not modified in accordance with Exemption No. 

9906 beyond the date for retrofit via adding the following statement to the Airplane Flight 

Manual (AFM): 

"No person may operate the pressure reftieling system of this airplane after February 1, 

2012, unless the pressure reftieling panel has been modified in accordance with the 

terms of Exemption No. 9906," 

Furthermore, you also request on Cessna's behalf, an opportunity to discuss procedural options 

for pursuing a permanent grant of exemption to § 23.979(b)(2). 
07/23/2010 09:30 B163294157 ACE 180 PAGE 03/04 

In your letter, you request upon Cessna's behalf that the FAA waive the public comment period 

for this exemption extension request for the following reasons: 

"a) Tliis extension does not set any regulatory precedent based on the previous grant of 

exemption. 

b) The FAA's previous determination of public interest and effect on safety are no 

different for this extension request than for the original request. Cessna will 

continue to abide by the other limitations of the original exemption. 

c) Any delay in aircraft delivery to meet the terms of the original exemption will 

impose an adverse effect on Cessna customers and Cessna's ability to conduct 

business operations, Cessna believes that this is contrary to the public interest. 

d) This petition for extension was submitted in as timely a maimer as possible. As 

stated above, Cessna has been evaluating design options for this new system as 

rapidly as possible and has only recently determined that it is not feasible to 

accomplish all of the tasks required for this effort within the allotted timeframe." 

The FAA's analysis is as follows: 

The FAA partially agrees with the petitioner's argument. 

• Cessna requests a time limit extension to February 1,2011, for incorporation into 

production line requirements of a pressure refueling panel fully compliant with the 

requirements of § 23.979(b)(2), and until February 1,2012, for retrofit of all fielded 

model 525C series airplanes. The FAA agrees with Cessna's exemption extension 

request for incorporation of a fully § 23.979(b)(2) compliant pressure refueling panel into 

the production, line no later than February 1,2011. The FAA also agrees with Cessna's 

request to retrofit all fielded model 525C airplanes no later than February 1, 2012. 

• Cessna states that the FAA's previous determination of public interest and effect on 

safety is no different for this extension request than for the original exemption request. 

The FAA agrees with Cessna and determines the justification for the issuance of 

Exemption No. 9906 remains valid witli respect to this exemption. 

• Cessna believes that any delay in aircraft delivery to meet the original exemption terms 

will impose an adverse effect on its customers and business operations are contrary to the 

public interest. The FAA disagrees and determines it is not in the public interest to allow 

aircraft to operate beyond the limits of the exemption with operative pressure refueling 

systems with noncompliant pressure refueling panels. The FAA also disagrees with 

Cessna's proposal to add a statement to the AFM prohibiting the use of the pressure 

refueling system until the pressure refueling panel is modified. In order to allow 

operation of aircraft with noncompliant pressure reftieling panels beyond the limits of the 

exemption, the pressure refueling system would have to be configtired in a maimer in 

which it was physically impossible to use the pressure refueling system until such time as 

the aircraft are modified in accordance with Exemption No. 9906. In addition, the AFM 

would have to include the appropriate statements and commensurate placards at the 

refueling station, describing the inoperative pressure refueling system. 

• Cessna states this extension request does not set any regulatory precedent based on the 

previous grant of exemption. The FAA agrees and determines good cause exists for not 
07/23/2010 09:30 8163294157 ACE 180 PAGE 04/04 

publishing a summary of the petition in the Federal Register. The requested exemption 

extension will not set a precedent, and any delay in acting on tliis petition would be 

detrimental to Cessna. 

Additionally, the FAA is willing to listen to any proposals Cessna Aircraft Company has 

regarding procedural options for pursuing a permanent grant of exemption to § 23.979(b)(2). 

The FAA's Decision: 

In consideration of the foregoing, 1 find a partial 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, Exemption No. 9906 is hereby amended by extending its August 1, 2010, 

termination date to February 1,2011, unless sooner superseded or rescinded. This letter shall be 

attached to, and is a part of, Exemption No. 9906. For the model 525C airplanes, the exemption 

as extended is subject to the following conditions and limitations: 

1. Cessna Aircraft Company must certify and incorporate into the production line 

requirements a pressure refueling panel, fully compliant with the requirements of 

§ 23,979(b)(2), into the Model 525C airplanes no later than February 1,2011. 

2. Cessna Aircraft Company must retrofit the Model 525C airplanes delivered under the 

terms of the exemption with the new pressure refueling panel described in Condition 1 

above no later than February 1,2012. 

3. Until the incorporation of the above Conditions 1 and 2 of this exemption are 

completed, Cessna Aircraft Company must display a placard at each refiieling station 

and add to the airplane flight manual (AFM) "Limitations" section for the Model 525C 

airplanes the limitation prohibiting any kind of vehicle or equipment inside defined 

areas of fiiel vent discharge during airplane refiieling operations. 

4. For airplanes subject to Condition 2 of this exemption, the operating limitations section 

of the airplane flight manual (AFM) must include the following statement; 

"No person may operate this airplane after February 1, 2012, unless the 

pressure refiieling panel has been modified in accordance with the 

requirements of 14 CFR § 23.979(b)(2)." 

This statement may be removed from the AFM after the required modification has 

been made. 

This exemption terminates on February 1,2011, unless sooner superseded or rescinded. 

Sincerely, 

KimberlyK. ^t h / 

Manager, Small Airplane Directorate 

Aircraft Certification Service