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Exemption No. 11076 A Regulatory Docket No. FAA

- 2013

- 0982

Mr. Richard Edinger VP Certification and Flight Safety Hartzell Propeller Inc. One Propel ler Place Piqua, OH 45356

- 2634

Dear Mr. Edinger :

This letter is to inform you that the Federal Aviation Administration (FAA) ha s granted you r petition to extend and amend Exemption No. 11076

. This letter explains the basis for our

decision and describe s its effect.

On November 7, 2013, you petitioned the FAA on behalf of Hartzell Propeller Inc. (Hartzell) for an exemption from § 45.13(a)(4) of Title 14 of the Code of Federal Regulations (14 CFR)

. On October 6, 2014, we responded by issuing Exemption N o. 11076 , which reliev ed Hartzell of the requirement to include a type certificate (TC) number identification mark on certain propeller blade s . The exemption applied only to Hartzell

- produced propeller blades approved for installation on multiple type des igns.

On November 26, 2014 , you petitioned the FAA again, this time requesting an extension and amendment to Exemption No. 11076 . The amendment you request ed would eliminate entirely the requirement to mark a TC number on any Hartzell propeller blades

, and would extend or

eliminate the exemption’s October 31, 2016, expiration date. We grant your petition, for the

reasons described below.

The Basis for Our Decision

Section 45.13(a) requires, among other things, a manufacturer to mark each propeller bla de with the TC number for which the blade is approved. In your petition, however, you state that2

Hartzell manufactures a t least twelve propeller blade models, many of which are compatible

with numerous FAA

- certificated propeller type designs. For example , one model, the “Y

shank” series, is compatible with seventeen TCs.

In Exemption No. 11076, we found that marking any blade approved for more than one TC

with the term “multiple

, ” rather than a list of all compatible TC numbers, would provide an equival ent level of safety to compliance with § 45.13(a)(4). We agreed with the petitioner that an exemption would be in the public interest, because marking propeller blades with

numerous TC numbers c ould cause confusion among the public. One potential source of confusion is that, as a blade became approved for additional TCs, Hartzell would be required to change its markings, creating a situation in which various propeller blade s of the same

model would be marked differently depending on their date of manufact ure.

As you state in your November 26, 2014, petition, however, the terms of Exemption

No. 11076 did not wholly mitigate the potential for confusion among the public. By limiting the exemption to blade models already approved for multiple TCs , we faile d to account for

situations in which a blade model is first approved for only one TC , but is subsequently approved for additional designs. In such a situation, Hartzell would , over time, produce the same blade with two different marking configurations

— fir st with a single TC number, then with the word “multiple.” You also state that some historical blades may have been

manufactured with no TC marking at all. As a result, you suggest that the original terms of Exemption No. 11076 could cause three distinct variations of propeller blade markings compatible with a single propeller system

— some blades with no TC number, some with a single TC number, and others marked as “multiple.” The FAA agrees this situation could cause confusion among the public.

In your petition, you also request that the FAA amend Exemption No. 11076 to extend or

eliminate the two

- year expiration date. Although the FAA generally grants exemptions for only two years, we agree that the specific factual circumstances presented here warran t an extended exemption , for a period of five years . In particular, the circumstances justifying this exemption are extremely unlikely to change in the foreseeable future. Hartzell will continue to produce propeller blade s using blade designs that are, i ndividually, approved for numerous propeller system TCs . Moreover, Hartzell ’s progressive type certification strategy for new and existing blades would, absent this exemption, require continuous adjustments to each blade’s TC markings, potentially confusi ng the public.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register

, because the requested amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Hartzell

. You also3

indicate in your petition that there has been no change in facts relative to the public interest and safety findings that were the basis for original exemption.

The FAA has reviewed your petition and supporting inf ormation, and we find that a grant of exemption would provide an equivalent level of safety to the regulations for which relief is required and would be in the public interest. The FAA finds that Hartzell’s continued compliance with the marking requiremen ts of §§ 45.11(c)(2) and 45.13(a) ( 1 )

- ( 3 )&(5)

- (8), as applicable, will provide an installer with sufficient information to ensure that he or she has the correct article for installation. Hartzell may also choose to mark individual blades with all applicabl e TC numbers.

Our Decision

The FAA has determined that a n amended grant of exemption is in the public interest and has no adverse effect on safety . Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Hartzell Propeller Inc. is granted an exem ption from 14 CFR § 45.13(a)(4) to the extent necessary to permit Hartzell to forgo marking a type certificate number on Hartzell

- manufactured propeller blades . Hartzell’s original exemption te rm is also extended for a period of five years

.

This exemption terminates on April 30

, 2020 , unless sooner superseded or rescinded.

Sincerely,

//s//

John Ba r bagallo Deputy Director, Flight Standards Service4

Project No.: A IR

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Project Officer: Robert Cook

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