Exemption No. 10200 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

AVIANCA AIRLINES Regulatory Docket No. FAA-2010-1195

 

for an exemption from part 121, 

Appendix M, of Title 14, 

Code of Federal Regulations 

 

GRANT OF EXEMPTION 

 By letter dated November 23, 2010, Mr. Luis Alberto Valencia, Quality Director, Avianca 

Airlines (Avianca), Avenida El Dorado #106-74, Hangar 2 Piso 2, Bogota, 

Columbia petitioned the Federal Aviation Administration (FAA) on behalf of Avianca for an 

exemption from § 121.344(f) and part 121, appendix M, of Title 14, Code of Federal 

Regulations (14 CFR). This exemption, if granted, would allow Avianca the continued 

operations of one A320 series aircraft for 18 months from delivery of the aircraft without 

complying with § 121.344(f) and part 121, appendix M, footnote 18. 

The petitioner requests relief from the following regulations

Section 121.344(f) prescribes that for all turbine-engine-powered transport category airplanes 

manufactured after August 19, 2002, the parameters listed in paragraphs (a)(1) through 

(a)(88) of this section must be recorded within the ranges, accuracies, resolutions, and 

recording intervals specified in appendix M to this part. 

Appendix M, footnote 18, prescribes that for all aircraft manufactured on or after December 6, 

2010, the seconds per sampling interval is 0.125. Each input must be recorded at this rate. 

Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited. This 

footnote is applicable to parameters 12a, 12b, 13a, 13b, 14a, 14b, 15, 16, 17, and 88. 

AFS-11-075-E 
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The petitioner supports its request with the following information

The petitioner states that Airbus has reported certification problems with the Sagem flight 

data interface management unit (FDIMU) equipment to be installed on Avianca’s Airbus 

A320 model airplane. The petitioner references a November 26, 2010 letter from Airbus, 

included with Avianca’s petition, that defines compliance issues and proposes the solutions 

for new cockpit voice recorder (CVR) and flight data recorder (FDR) requirements. Airbus 

also provided Avianca with an A320 aircraft retrofit program schedule that is expected to 

bring the affected airplanes into compliance with the latest CVR and digital flight data 

recorder (DFDR) requirements no later than June 2011. 

In addition to Sagem FDIMU certification issues, Airbus states it has certification delays for 

the modification needed to comply with the DFDR requirements in § 121.344(f). Airbus is 

continuing its work with Sagem to correct the FDIMU software and will provide the service 

bulletin necessary to upgrade the FDIMU as soon as it is available. 

The petitioner states that a grant of its request would not jeopardize airplane safety because 

the current equipment remains compliant with the DFDR recording requirements of § 121.344 

that were in effect prior to December 6, 2010. The petitioner states that this exemption is in 

the public interest because it will allow the airline to improve the current service standard due 

to the incorporation of these newly manufactured airplanes that carry U.S. tourists, U.S. 

business people and U.S.-manufactured goods. The petitioner also states that a disruption of 

the services performed by Avianca Airlines would have an adverse effect on the U.S. interests 

in Colombia. 

The petitioner’s arguments for allowing continued operation of the single subject airplane are 

acceptable. Based on these considerations, the FAA has determined it is in the public interest 

to allow the introduction of the subject aircraft into service while the problem is being 

addressed. The Airbus design of the A320 aircraft includes a DFDR and flight control data 

concentrator capable of recording flight control inputs at eight samples per second as required 

for the parameters numbered 12 through 17 and 88 as listed in appendix M. With this 

equipment installed, only an FDIMU software modification will be necessary to bring the 

aircraft into compliance with the 2010 requirements. This minimizes the scope of the 

modification and time required to bring the subject aircraft into full compliance. 

A summary of the petition was published in the Federal Register on December 27, 2010 

(75 FR 81326). No comments were received. 
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The FAA's analysis is as follows

The FAA finds that delaying the introduction of this airplane into service could result in 

a negative effect on commercial air service and the integration of newer, safer, more fuel 

efficient airplanes in passenger service. Airbus is continuing its work with Sagem to provide 

the FDIMU modification necessary for the petitioner to incorporate into its fleet as soon as it 

is available. The petitioner’s arguments for allowing continued operation of the airplanes 

without the required recording interval of eight samples per second are acceptable. Based on 

these considerations, the FAA has determined it is in the public interest to allow the 

introduction of the subject aircraft into service until it can be modified. 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Avianca Airlines is granted an exemption from § 121.344(f) to the 

extent necessary to allow Avianca to temporarily operate one newly delivered A320 aircraft, 

subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. This exemption only applies to the following aircraft while registered to and 

operated by Avianca Airlines: 

Make Model Serial No. 

Airbus 320-214 4567 

2. This exemption allows this aircraft to operate with the DFDR sampling rate 

requirements that were in effect before December 6, 2010, as listed in part 121, 

appendix M, parameters 12b, 13b, 14b, 15, 16, 17, and 88. 

3. A copy of this exemption must be retained with the operator’s DFDR correlation 

documentation as specified in § 121.344(j) until the airplane identified in this 

exemption has incorporated the FDIMU system modification. 

4. In the event of an accident or incident after which the DFDR data must be sent to 

the FAA or the National Transportation Safety Board, Avianca must provide a 

copy of this exemption. 

5. Following receipt of the modification service bulletin, Avianca must provide to 

its principal avionics inspector a schedule for the completion of the new 

installation. 
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This exemption terminates on the sooner of the installation of the FDIMU software update 

correcting the problem as stated above, or 18 months after the date of the exemption, unless 

sooner superseded or rescinded. 

Issued in Washington, DC, on February 2, 2011. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards Service