# Federal Aviatio n Administration 

# Memorandum

Date: To:

From: July 30, 2014 Nicholas Reyes, Manager, Flight Standards Division, ASW-200 William M Bossert, Acting Manager, Flight Standards Division, ACE-200 James E. Gardner, Acting Manager, Flight Standards Division, AGL-200 Timothy D. Miller, Assistant Manager,

Flight Standards Division, ASW-201A Prepared by: Justin M. Bouchard (817) 222-5259 Subject: CL-604 Aircraft DFDR Technical Non-Compliance


### Background: In addressing National Transportation Safety Board (NTSB) safety recommendation A-03-15 (attached), AFS-360 requested the North Texas FSDO (NTX FSDO) assist by obtaining Digital Flight Data Recorder (DFDR) information from two CL-600-2B16 (CL-604) aircraft operated under 14 CFR Part 135 by Jet Solutions, LLC (J78A). A re-examination was requested in accordance with Title 49 , United States Code 44709, related to recording parameters involving range, resolution, sampling rate, and recording interval. Subsequent inspection revealed that the sampling rate ofthe vertical acceleration parameter required by 14 CFR § 135.152(h)(5), and defined in Appendix F, does not meet the requirements of 14 CFR § 135.1520). On May 15 , 2014, Bombardier petitioned the FAA for an exemption on behalfofaffected U.S. Operators to continue operating aircraft identified by Bombardier as having the DFDR issue under 14 CFR Part 135, while a comprehensive fix is made by Bombardier and Rockwell Collins. The petition identifies 31 individual aircraft that would be noncompliant due to the equipment installed. The petition also acknowledges that the FAA does not generally grant manufacturers exemptions to operating rules. The Southwest Region, AFS-360 , and the Long Beach AEG (LGB AEG) are in agreement that this situation presents a technical non-compliance, not a safety offlight ISSUe. ONCURRENCES OUTING SYMBOL ASW23 0 MGR

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### Current 

### Issues:

• On July 25 , 2014, the NTX FSDO advised Jet Solutions, LLC that DFDR installations on two oftheir CL-604 aircraft do not meet regulatory requirements, and continued non-compliance may result in enforcement action. 2

• The operator' s MEL allows reliefto continue to operate the aircraft for twenty days with up to three required parameters inoperative. The Southwest Region, AFS' -300, and LGB AEG agree that this is an acceptable stop gap to allow for continued operation ofthe aircraft until a longer term solution can be put in place. This reliefwill expire on or about August 14, 2014, for Jet Solutions aircraft. • AFS-360 has reviewed the petition for exemption submitted by Bombardier, and has advised the Southwest Region that it cannot be approved since it has been initiated by the manufacturer. An actual denial has not yet been issued to Bombardier, as it requires a final review by General Council. • AFS-360 further advises that any operator wishing to continue operating an affected aircraft should immediately petition for an exemption, and it will be processed quickly. • The Southwest Region has reviewed the aircraft data identified by Bombardier in the exemption and identified 15 affected aircraft currently being operated by U.S. Air Carriers (attached). 

### Political/Media Considerations:

• The Southwest Region is concerned about equal treatment ofaffected Air Carriers and desires collaboration between regions in order to establish a level playing field. • The FAA (Flight Inspection Services) operates one affected aircraft, N88

. • Jim Ballough has been involved with discussions on the topic, representing Jet Solutions, LLC. 

### Conclusion: The Southwest region recommends that each region, through their respective field offices, reach out to Air Carriers operating affected CL-604 aircraft and advise them formally ofthe non-compliance. The operators approved MEL is an acceptable method to allow for continued operation ofthe aircraft for a limited time. The operator should submit for an exemption through normal channels, and may be able to obtain technical support from Bombardier. AFS-360 should be advised that the exemption is forthcoming, so they can be poised to address it expeditiously. The Southwest region is collaborating with AFS-200 and the LGB AEG to devise an acceptable means for continued operation in case reliefranted by the MEL expires and an exemption is still pending for the operator.

### Attachments: NTSB Safety Recommendation A-03-15 Memorandum to SW-19 from AFS-360, dated July 15 , 2014 Bombardier' s petition for exemption, dated May 15,2014 Excel spreadsheet ofaffected aircraft 3