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November 13 , 2014

Exemption No. 11099 Regu latory Docket No. FAA

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- 0630

Isaac Kirkpatrick Chief Inspector Tavaero Jet Charter Corp. 7930 Airport B l vd
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, Verti cal) 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, Appendi x 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 b ecause 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 pe tition. In G rant of Exemption No

. 11052 (copy e nclosed), the FAA2

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 assertio n 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 in cidents. 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 petitio n 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 cont inued 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 N o

. 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 st ated 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 li sted 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 on ly to the following air plane 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 air plane with a DFDR

that receives da ta 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 other3

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 air plane 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, 201 5 ;

b. Tavaero Jet Charter Corp ’s

. plan for incorporation of the service bulletin on the subject air plane , to be submitted to its Principal Avionics Inspector or other c ognizant oversight office no later than November 1, 2015. The plan must include a modification date within the term of this exemption for the air plane 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 ai r plane 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 termina tes this exemption without further action by the FAA.

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

remain s on its Part 135 operations specifications. This exemption may not be transferred to any subsequent ope rator 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 1 4 CFR Section 135.152 until

the airplane identified in this exemption has been modified.

7. In the event of an accident or incident a fter 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

.4

This exemption terminates on the sooner of the completion o f 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 Se rvice

Enclosure Exemption No. 11052