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7700 North Business Park Drive • Tucson, Arizona 85743-9622 • (520) 744-1144 • FAX: (520) 744-0138 

January 17, 2014 

U.S. Department of Transportation 

Docket Operations 

West Building, Ground floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Subject: Petition for Exemption of Interim Compliance – 14 CFR §121.1117(e)(1) 

Dear Sir or Madam, 

In accordance with the provisions of Title 14, Code of Federal Regulations (14 CFR) §§ 11.63 

and 11.81, Sierra Pacific Airlines, Inc. (SPA) petitions for an exemption from 14 CFR 

§121.1117(e) (1) which requires an interim compliance of fifty percent of each certificate 

holder’s fleet be modified to incorporate ignition Mitigations Means (IMM) or Flammability 

Reductions Means (FRM) no later than December 26, 20141

. 

Sierra Pacific Airlines, Inc. operates two Boeing 737-200 series airplanes having the following 

specifications: 

Model Serial Number Registry Date of MFG 

B737-2T4 22529 N703S March 1981 

B737-2Y5 23038 N712S March 1983 

Extent of Relief and Reason. 

We seek relief from the interim compliance date of December 26, 2014 as required by 14 CFR 

§121.1117 (e) (1) for one airplane. We propose to operate both airplanes to the final compliance

date of December 26, 2017. The reason for the request for exemption is that specific airplane

models are excluded from the requirements of the Design Approval Holders (DAH) to provide

fuel tank Flammability Reduction Means (FRM) and Ignition Mitigation Means (IMM) in

accordance with 14 CFR §26.332

. Specifically, the SPA airplanes listed in the table above having

the original Certificate of Airworthiness or Export Certificate of Airworthiness issued before

January 1, 1992 do not have FRM or IMM available from the DAH. SPA has been unable to locate

any STC holders that have developed or are developing FRM or IMM for the airplanes listed

above.  Therefore, in compliance with 14 CFR §121.1117(m), SPA will not operate the above

listed airplanes in passenger service past the December 26, 2017 compliance date.

1 14 CFR §121-Operating Requirements: Domestic, Flag, and supplemental Operations §121.1117 Flammability Reduction means 2

 Final Rule 14 CFR parts 25, 26,121, 125, 129 Docket no. FAA-2005-22997; Amendment Nos. 25-125, 26-2, 121-340, 125-55, and 

129-46. Section III C 4 and 4(a) 
Petition for Exemption‐ §121.1117 (e)(1)

January 17, 2014

Public Interest

Sierra Pacific maintains that a Grant of Exemption is in the public interest for the following reasons:

Sierra Pacific provides air transport for the Department of Defense (DOD) Commercial Airlift

Transportation Division as part of the DOD Air Transportation Program.  Sierra Pacific (SPA) one hundred

passenger configured airplanes fill the requirement for smaller military group movements.  

Sierra Pacific also provides air transport for U.S Forest Service personnel engaging in forest fire fighting

activities throughout the continental U.S. and Alaska. Typically, Sierra Pacific is under contract from July

to September of each calendar year. Sierra Pacific dedicates one airplane based in Boise, ID, at the

National Interagency Fire Coordination Center ( NIFCC), for the term of the contract.  

No Adverse Effect on Public Safety

The Flammability Final Rule, paragraph E. 1. General Comments about Applicability to Existing Airplanes3

describes the reason for the fifty percent fleet compliance threshold is to allow operators to spread the

cost of the retrofit of its entire fleet in a phased in period of 7 to 10 years. Additionally the fifty percent

of fleet compliance date enables the DAH to ensure FRM or IMM retrofit kits are available to the

operators. The rule also goes on to state that, “We also adjusted the applicability of the rule so that

older airplanes that were produced prior to 1992, which will be nearing the end of their useful service life

in passenger service, will not be subject to the phase –in‐requirement of the rule. The DAH‐supported

design modifications will only be required on airplanes with significant remaining useful life in passenger

service so the benefits of the rule are optimized”.

As discussed further in the NPRM and final rule preamble, the risk of fuel tank explosions on the current

fleet is still significant. However, there is no adverse or increased risk to public safety for a one airplane

exemption to the interim compliance date since there will be a substantial number of airplanes also

operating without FRM or IMM up to the hundred percent compliance date of December 26, 2017.

Reason for Exercising the Privileges of the Exemption outside the United States. (14 CFR § 11.83)

Sierra Pacific conducts operations in the continental US and Canada and therefore requests the use of

this exemption outside the United States.

3 Final Rule‐ Reduction of Fuel Tank Flammability in Transport Category Airplanes , Docket No. FAA‐2005‐22997; Amendments Nos. 25‐125, 26‐

2, 121‐340, 125‐55, and 129‐46
Petition for Exemption‐ §121.1117 (e)(1)

January 17, 2014

Summary of petition for the Federal Register

Petitioner:     Sierra Pacific Airlines, Inc.

Regulation:     14 CFR §121.1117(e)(1)

Summary of Relief sought: Exemption from the fifty percent fleet (one airplane) interim

compliance date of December 26, 2014.

Conclusion

In consideration of the information detailed in this petition, we maintain that it is prudent for the FAA to

grant Sierra Pacific Airlines the exemption for the interim compliance date of 14 CFR §121.1117 (e)(1)

which will grant one airplane to continue in operation until the hundred percent compliance date of

December 26, 2017

Please contact Ronald Riga, Director, Quality Control/Chief Inspector, at 520‐744‐9400 Ext19 or email at

rriga@sierrapacificairlines.com, if you have any questions or need additional information

Sincerely,

Ronald Riga

Director Quality Control/Chief Inspector

Sierra Pacific Airlines