Federal Aviation 

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 of the 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 behalf of affected 

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 of flight 

ISSUe. 

ONCURRENCES 

OUTING SYMBOL 

ASW230 MGR 

NIT!ALSISIG 

ATE 

OUTING SYMBOL 

ASW230 MA 

NITIALSISIG 

ATE 

OUTING SYMBOL 

TIALSISIG 

DATE 

OUTING SYMBOL 

ATE 

OUTING SYMBOL 
Current Issues: 

• On July 25, 2014, the NTX FSDO advised Jet Solutions, LLC that DFDR 

installations on two of their CL-604 aircraft do not meet regulatory requirements, 

and continued non-compliance may result in enforcement action. 

2 

• The operator's MEL allows relief to 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 of the aircraft until a longer term solution can be put in place. 

This relief will 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 of affected 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 of the non-compliance. The operators approved MEL is an 

acceptable method to allow for continued operation of the 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 relief ranted 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 of affected aircraft 

3