Small Airplane Directorate

901 Locust St., Room 301

Kansas City, MO 64106

ACE-16-00004-E

June 27, 2016

 Exemption No. 13042A

 Regulatory Docket No. FAA-2011-1345

Mr. Adam Dennis

Manager, Certification Engineering

Viking Air Limited

Victoria International Airport

1959 de Havilland Way

Sidney, British Columbia V8L 5V5, Canada

Dear Mr. Dennis:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 13042. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations.

The Basis for Our Decision

By letter dated May 19, 2016, Mr. Adam Dennis, Manager, Certification Engineering, Viking 

Air Limited (VAL), Victoria International Airport, 1959 de Havilland Way, Sidney, British 

Columbia V8L 5V5, Canada, petitioned the Federal Aviation Administration (FAA) on behalf 

of VAL for an extension of exemption number 13042 (enclosed), which grants relief from 

§ 23.1549(b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if 

granted, would allow VAL to use the color white in lieu of green on the Honeywell Primus 

Apex (Apex TM) Electronic Flight Instrument System (EFIS) to depict normal engine 

operating conditions on Model DHC-6 Series 400 airplanes for a limited time.

In your petition, you indicate that a small number of U.S aircraft are affected by Exemption 

Nos. 10465, 10465A, 11059, 13042, and that VAL is requesting an additional 12 month 

extension to Exemption No. 13042. This would ensure that aircraft delivered after July 31, 

2017 will be fully compliant with § 23.1549(b) and all in-service deliveries will be retrofitted 

within three months from that date (October 31, 2017). You provided evidence that the 

required software modification has been completed, appears compliant with § 23.1549(b), and 

is in the process of being certified through Transport Canada. Approval of your exemption 
request will permit a small number of U.S. deliveries prior to completion and approval of the 

required changes that make the design compliant with § 23.1549(b).

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 VAL. Additionally, this exemption is 

an extension of the petitioner’s exemption number 13042, which expires July 31, 2016 for 

new aircraft and October 31, 2016 for in-service aircraft.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in the enclosed 

Grant of Exemption Nos. 10465, 10465A, 11059, and 13042;

• The reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 

10465, 10465A, 11059, and 13042 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 13042A

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has 

delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations 

1. VAL must certify and incorporate into the production line requirements for engine 

indications fully compliant with the requirements of § 23.1549(a), (b), and (c), into the 

model DHC-6 Series 400 airplanes no later than July 31, 2017.

2. VAL must retrofit the model DHC-6 Series 400 airplanes delivered under the terms of 

the exemption with the new engine indications described in condition 1 above no later 

than October 31, 2017.

3. Until the incorporation of the changes required in conditions 1 and 2 of this exemption 

have been completed, VAL must add to the airplane flight manual (AFM) a description 

of the indications and their non-compliant use of color, and the necessary instructions 

for properly interpreting indications.

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

of the AFM must include the following statement:

“No person may operate this airplane after October 31, 2017, unless the engine 

indications have been modified in accordance with the terms of Exemption No. 

13042A.”

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

made.
The Effect of Our Decision

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

//SIGNED//

Pat Mullen

Acting Manager, Small Airplane Directorate

Aircraft Certification Services

Enclosure[s]