Exem ption 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, Qual ity Director, Avianca Airlines (Avianca), Avenida El Dorado #106-74, Hangar 2 Piso 2, Bogota,

Colum bia petitioned the Federal Aviation Admini stration (FAA) on behalf of Avianca for an exemption from § 121.344(f) and part 121, appe ndix M, of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow Avianca the continued operations of one A320 series ai rcraft for 18 months from deliv ery 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 paramete rs listed in paragraphs (a)(1) through (a)(88) of this section must be recorded w ithin the ranges, accuracies, resolutions, and recording intervals specified in appendix M to this part.

Appendix M, footnote 18, prescribes that for al l aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. E ach input must be reco rded at this rate. Alternately sampling inputs (interle aving) to meet this sampling in terval is prohibited. This footnote is applicable to parameters 12a, 12b, 13a, 13b, 14a, 14b, 15, 16, 17, and 88.

AFS-11-075-E2

The petitioner supports its request with the following information

The petitioner states that Air bus has reported certification pr oblems with the Sagem flight data interface management un it (FDIMU) equipment to be installed on Avianca’s Airbus A320 model airplane. The petitioner refere nces 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 (C VR) 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 certi fication 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 upgr ade 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. Th e petitioner states that this exemption is in the public interest because it will allow the airlin e to improve the curren t 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 woul d have an adverse effect on the U.S. interests

in Colombia.

The petitioner’s arguments for allowing continue d operation of the single subject airplane are acceptable. Based on these considerations, the F AA has determined it is in the public interest to allow the introduction of the subject aircra ft into service while the problem is being addressed. The Airbus design of the A320 aircraft includes a DF DR and flight control data concentrator capable of recording flight contro l 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 require ments. This minimizes the scope of the modification and time required to bring the subject aircraft into full compliance.

A summary of the petitio n was published in the Federal Register on December 27, 2010 (75 FR 81326). No comments were received.3

The FAA's analysis is as follows

The FAA finds that delaying the introduction of this airplane into se rvice could result in a negative effect on commercial air service and the integration of newer, safer, more fuel efficient airplanes in passenger se rvice. 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 fo r allowing continued opera tion of the airplanes without the required recording in terval of eight samples per s econd 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 f ind that a gr ant 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 temporar ily operate one newly delivered A320 aircraft, subject to the conditions a nd limitations listed below.

Conditions and Limitations

1. This exem ption only applies to the follo wing 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 retain ed 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 af ter 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 serv ice bulletin, Avianca must provide to its principal avionics inspector a sc hedule for the completion of the new

installation.4

This exemption terminates on the sooner of th e 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