# Design Professionals, LLC

April 23, 2012 Docket Operations, M-30 750 LexingtonAvenue, 281h Floor NewYork, NY 1 0022

U.S. Department ofTransportation 1200 NewJerseyAvenue, SE Room W12-140,West Building Ground Floor, Washington DC 20590-0001 ,,,,I7 '· 0[' '"' '' • ,.., 

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Re: Petition for 24- MonthTime Limited Exemption againstthe new FAA regulatory requirementsfor Design Professionals, LLC (DFDR Regulations, Part 135)for Global Express aircraft msn 9428, Registration N979CB ToWhom this may concern: Design Professionals, LLC requests that the FAA grant a 24 - month time limited exemption against compliance to the new FAA regulatory requirements for US Operators (DFDR Regulations, Part 135) for aircraft msn 9428, a Global Express BD700-1A10 XRS, which received aCertificate ofAirworthiness on January26, 2011, with an interiorconfiguration having a maximum passenger seating capacity of 13 (Note: The Green aircraftis Type Certificatedwith a maximum seating capacity of 19). Design Professionals, LLC respectfully submits that this exemption request meets the FAA's standard for granting without publication in the Federal Register or public comment since it is substantially similar to prior exemptions granted (e.g. Exemption 10394, 1 0265) where the FAA found the request compliant with the recording requirements except for the datalink communication recording requirement. This exemption would not set new precedent and is in the public interest. The specific request relates to 14 C.F.R. 135.121

### U), below: § 135. 152 (j) For all turbine-engine-powered airplanes with 

### a seating configuration, excluding any required crewmember seat, of 10 to 30 passenger seats, that are manufactured afterAugust 19, 2002 the parameters listed in paragraph (a)(1) through (a)(BB) ofthis section mustbe recorded within the ranges, accuracies, resolutions, and recording intervals specifiedinAppendixFofthispart. Note: "(a)(1) through (a)(BB)" is in error and should be replaced by "(h)(1) through (h)(BB)"
309593v1U. S. Department ofTransportation April 23, 2012

Because it is not economically or technically feasible to upgrade the existing avionics suite to comply with the requirement, the exemption would allow aircraft 9428 to operate under FAR Part 135 while recording certain flight data parameters at lowerdata rates than those published in Appendix F at amendment 121 for two years or until the aircraft is removed from Part 135 service and is replaced by a compliant aircraft. The flight data parameters that Design Professionals, LLC is requesting a time limited exemption from are Parameters 12a, 13a, 14a, 15, 16, 17, and 88 from Appendix FofFAR Part 135, and are outlined below: Part 135 Operating Requirements: Communter and On-Demand Operations and Rules GoverningPersons On BoardSuchAircraft AppendixFto Part 135-DigitalFlightData RecorderRules ''The recorded values must meet the designated range, resolution and accuracy requirements duringstaticanddynamicconditions. Parameter(# Inputs) Current Parameter Rate Required Parameter Rate
12a. Pitch Control Position_{2) 4Hz 8Hz 13a. Lateral Control Position (2) 4Hz 8Hz 14a.Yaw Control Position_{1) 4Hz* 8Hz 15. Pitch Control Surface 4Hz 8Hz Position (2) 16. Lateral Control Surface 4Hz 8Hz Position (2) 17.Yaw Control Surface 4Hz* 8Hz Position (1) 88. All Cockpit FlightControl Input Forces (8) 1Hz 8Hz Table 1: Data rates on aircraftwith the Honeywell Primus 2000XP avionics suite as implemented on the Bombardier BD700 equipped with Honeywell Primus 2000XP system Dynamic condition means the parameteris experiencing change at the maximum rate attainable, including the maximum rate ofreversal. Alldata recordedmustbe correlated in time to within one second."

2U. S. Department ofTransportation April 23, 2012

The OEM, BombardierAerospace, has introduced a replacement avionics suite - Global Vision Flight Deck (GVFD) that complies with these new requirements, but the as built configuration of aircraft 9428 precludesthis upgrade. Unfortunately, no economic ortechnicallyfeasible solution is available to retrofit the GVFD to aircraft 9428. Therefore, this petition is requested for atime limit of 24 months and after this period, aircraft 9428 will be removed from Part 135 operation and subsequently replaced with an aircraftfully compliantwith Part 135. Aircraft 9428 is equipped with the Honeywell Primus 2000XP system and is compliant with Part 135 DFDR requirements for aircraft manufactured prior to December 6, 2010. Manufacture of aircraft with this avionics package stopped in February of 2011, less than 3 months after the implementation date for increased data recording rates in DFDR systems under amendment 121 to Part 135. Apart from these seven flight data parameter recording rates, the aircraft complies with all other applicable requirements introduced in this amendment, as well as those ofamendments 135-113. The Honeywell Primus 2000XP system on the BD-700 cannot be further upgraded to meet current data rate recording requirements without major redesign and excessive cost. An explanation ofthe technical obstacles is given in AppendixAto this petition. Design Professionals, LLC recognizes the contribution offlight data recorders to accident and incident investigations, and ultimately to the safety ofthe design and operation offuture aircraft; moreover, Design Professionals, LLC does not believe the time limited exemption would adversely affect airplane or passenger safety because the current equipment is able to record DFDR parameters atthe previous amendement recording rates. However, we are unableto fully comply with FAR Part 135 DFDR Regulations using aircraft msn 9428 due to the aforementioned technical reasons. Ifthe two year time timit exemption is not granted, Design Professionals, LLC does not have the ability to make full use of the earning potential of the asset as acharteraircraft. Current statistics on the Global Express BD700-1A10/11 fleet;
• There are approximately425 GX aircraft operating world wide
• Ofthese 425 GXaircraft, approximately 225 GX aircraft are on the US registry



### 3U. S. Department ofTransportation April 23, 2012

• Ofthese225 GXaircraft, approximately 10% (25 GXaircraft) operate under Part 135 pre amendment 121.
• All new production aircraft incorporate the GVFD which is compliant with Part 135 post amendment 121.
• Only one aircraft pre-GVFD (serial number 9428 operating in the US) is affected by the effectivityofPart 135 atamendment 121. Therefore, Design Professionals, LLC believesthere is no appreciable negative impact on operational safety by granting this 24 month time limited exemption againstthe new FAA regulatory requirements for US Operators (DFDR Regulations, Part 135)for aircraft 9428. In light ofthis information, the removal from Part 135 operations as ofMay 2014, and the actual delivery date of March 30, 2012, Design Professionals, LLC believes there are sufficient grounds to justify a 24 month time limited exemption for the new FAA regulatory requirements for US Operators (DFDR Regulations, Part 135)for aircraft 9428 only, and respectfully requests the FAA to rule favorably to this petition. In the interest oftime, we request that this petition be processed expiditiouslywithout publication and comment in the Federal Register. Should you require any clarification or have any further questions, please contact me by phone at (212) 590-5226 or by email at scherniak@cohenbrothers.com. Sincerely, DESIGN PROFESSIONALS, LLC

SMC/bm

4Appendix A- Technical Limitations ofthe BD-700-1A10 DFDR System as provided by BombardierAerospace Thetechnical issues with the flight data recorder rate ofthe Honeywell Primus 2000XP avionics platform as installed in the 80700 product line are as follows: The BD-700 (Global) aircraft's Avionics Standard Communication Bus (ASCB) system transmits data between the Line Replacement Units (LRUs), includingparameterdata to the Data Acquisition Units (DAUs). The DFDR connects to DAU 4 to receive data from ARINC 717bus. Bombardierhas assesseddesign alternatives, both within the existing aircraftarchitecture andoptionsbypassingtheACSB. To meet strict compliance with the final rule's increased recording rate forparameters 13a and 88 using existing architecture, remapping ofthe source equipment (ASCB and all LRUs communicating with the ASCB), andpotential LRU hardware upgrades would be required. The scope of this modification is extensive, and not practical given the scope and schedule established by the final rule. To bypass the ASCB would require hardware installations (additional LRU and/or data bus) further to what is currently available on the source equipment. Sending the data independently andbypassing the ASCB creates a time lag thatdiffers from the data beingsentovertheASCB. The time required to receive, process, and transmit the bits will lead to a time lag betweenparameterdata. Parameters 13a and88 willnotbe synchronous with the other DFDRdata transmittedon theASCB. Additionally, parameters 12a (pitch control position), 14a (yaw control position), 15 (pitch control surface position), 16 (lateral control surface position) and 17 (yaw control surface position) remain non-compliant with the current data rate requirements. Data rates forthese parameters varyfrom 1-4Hz, depending on the parameterand are summarized in Table 2.



### 5Parameter(# Inputs) Current Parameter Rate Required Parameter Rate
12a. Pitch Control Position (2) 4Hz 8Hz 13a. Lateral Control Position_{2) 4Hz 8Hz 14a.Yaw Control Position (1) 4Hz* 8Hz 15. Pitch Control Surface 4Hz 8Hz Position (2) 16. Lateral Control Surface 4Hz 8Hz Position (2) 17. Yaw Control Surface 4Hz* 8Hz Position (1) 88. All Cockpit FlightControl Input Forces (8) 1Hz 8Hz Table 2: Data rates on aircraftwith the Honeywell Primus 2000XP avionics suite as implemented on the Bombardier 80700equipped with Honeywell Primus2000XP system



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