AFS-14-434-E

November 13, 2014

 Exemption No. 11099

 Regulatory Docket No. FAA-2014-0630

Isaac Kirkpatrick

Chief Inspector

Tavaero Jet Charter Corp.

7930 Airport Blvd

Houston, TX 77061

Dear Mr. Kirkpatrick :

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

The Basis for Our Decision

By letter dated August 25, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Tavaero Jet Charter Corp., (Tavaero Jet) for an exemption from § 135.152, 

Appendix F, parameter No. 5 (Normal Acceleration, Vertical) of Title 14, Code of Federal 

Regulations (14 CFR). This exemption, if granted, would allow one CL-600 2B16, N456HK, 

S/N 5568 aircraft to continue to operate without complying with the required flight recorder 

data sampling rates of § 135.152, Appendix F. While the petition requests relief from 

Appendix F requirements, relief is actually required from § 135.152, which requires 

compliance with Appendix F. The FAA has considered the petition as requesting relief from 

§ 135.152 requirements. On September 9, 2014, you filed additional information regarding 

why it would be in the public interest for the FAA to grant its requested exemption. 

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Tavaero Jet.

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 11052 (copy enclosed), the FAA 
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found that good cause exists to allow time for the airplane manufacturer to complete 

development of a modification to retrofit the subject aircraft with a redesigned data 

concentrator unit (DCU) capable of providing the normal acceleration parameter information 

to the Digital Flight Data Recorder (DFDR) system to meet Appendix F requirements, and for 

the operators to modify their aircraft accordingly. The FAA does not agree with any assertion 

that flight recorder systems are not safety equipment simply because they do not affect the 

operation of a given flight. Flight recorder data are often the only evidence of airplane 

problems available to investigators following aircraft accidents and incidents. However, 

because the subject airplanes will still be recording flight data and the limitations are known, 

the FAA agrees that a limited time to complete the upgrades is appropriate.

The FAA finds that since the problem identified in this petition is a system design issue over 

which CL604 operators have no control or ability to fix, and that since the deficiency would 

be known to accident investigators and can be compensated for in any necessary analysis, it is 

in the public interest to allow continued operation of a limited number of airplanes until the 

modifications can be incorporated.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 11052;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11052

also apply to the situation you present; and

 for the reasons stated in Grant of Exemption No. 11052 a grant of exemption is in the 

public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Tavaero Jet Charter Corp. exemption from 

14 CFR § 135.152 to the extent necessary to allow the listed aircraft to operate without 

complying with the Normal Acceleration (Vertical) data recording rate requirement listed in 

Appendix F to part 135, subject to the conditions and limitations listed herein.

Conditions and Limitations 

1. This exemption applies only to the following airplane while it remains on the Part 135 

operations specifications of Tavaero Jet Charter Corp.: CL-600 2B16, N456HK, S/N: 

5568

2. This exemption allows for the continued operation of the affected airplane with a DFDR 

that receives data from the source sensor for the Normal Acceleration (Vertical) parameter 

at a rate of 0.2 rather than the 0.125 as required by Appendix F to part 135. No other 
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relief from any other parameter requirement or other flight data recorder provision of Part

135 is granted by this exemption.

3. Tavaero Jet Charter Corp. must establish a firm schedule for accomplishment of the 

modifications required to bring the subject airplane into compliance and submit the 

schedule to its oversight office. The schedule must include the following:

a. Bombardier service bulletin issued no later than September 30, 2015;

b. Tavaero Jet Charter Corp’s. plan for incorporation of the service bulletin on the 

subject airplane, to be submitted to its Principal Avionics Inspector or other cognizant 

oversight office no later than November 1, 2015. The plan must include a 

modification date within the term of this exemption for the airplane listed in condition 

1 above;

c. Starting December 1, 2015, Tavaero Jet Charter Corp. must provide monthly 

status reports to its oversight office outlining the completion of the airplane

modifications necessary to bring its aircraft into compliance with the requirements of 

Section 135.152.

4. Noncompliance with any term of these conditions and limitations terminates this 

exemption without further action by the FAA. 

5. Use of this exemption is limited to Tavaero Jet Charter Corp. while the subject airplane

remains on its Part 135 operations specifications. This exemption may not be transferred 

to any subsequent operator of the affected airplane. Subsequent operators of the affected 

airplane must apply for and be granted an exemption in writing before such airplane may 

be operated if the airplane has not been modified to comply with Section 135.152

6. A copy of this exemption must be retained with the operator's DFDR correlation 

documentation as specified in the applicable provisions of 14 CFR Section 135.152 until 

the airplane identified in this exemption has been modified. 

7. In the event of an accident or incident after which the DFDR recording media must be 

removed and retained subject to §135.152(e), the operator must provide a copy of this 

exemption together with the recording media when submitted.
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This exemption terminates on the sooner of the completion of the modification described in 

this exemption that brings the airplane into compliance with §135.152, or on November 30, 

2016, unless sooner superseded, rescinded or terminated.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service

 

Enclosure 

Exemption No. 11052