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December 31, 2014

Exemption No. 11137 Regu latory Docket No. FAA

- 20 14

- 0883

Mr. Timothy F. Rounds

Assistant Director of Maintenance Ace Aviation Services, Corporat ion

5525 NW 15 th Ave., Suite 150 Fort Lauderdale Executive Airport Fort Lauderdale, FL 33309

Dear Mr. Rounds:

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 September 11 , 2014

, you petitioned the Federal Aviation Administration (FAA) on behalf of Ace Aviation Services Corporation (Ace Aviation Services)

, 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, wou ld allow two

CL

- 600

- 2B16 (CL

- 604 Variant) , N601GT, S/N 5524 and N203

, S/N 5374 airplanes to continue to operate without complying with the required flight recorder data sampling rates of

14 CFR § 135.152, Appendix F. While the petition requests relief from Appendix F requirements, relief is actually required from 14 CFR § 1 35.152, which requires compliance with Appendix F. The FAA has considered the petition as requesting relief from the 14 CFR § 135.152 requirements.

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 Ace Aviation Services

.

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

thos e presented in your petition. In G rant of Exemption No

. 11052 (copy e nclosed), the FAA2

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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 a gree 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 air craft accidents and incidents. However, because the subject airplane s 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 iden tified 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 airplane s until the modifications can be incorporated.

The FAA has analyzed the petitioner’s request to operate outside the United States using this exemption to examine any effect on U.S. oblig ations under international agreements. The FAA finds that even with the exemption, the DFDR system installation on the subject airplane s meets or exceeds the recorder requirements of both Annex 6 of the International Civil Aviation Organization and the re gulations of the European Aviation Safety Agency. Accordingly, the petitioner is permitted to operate the listed airplanes outside of the United States under the conditions and limitations listed in this exemption.

Having reviewed your reasons for reques ting 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 deleg ated to me, I hereby grant Ace Aviation Services an exemption from

14 CFR § 135.152 to the extent necessary to allow the listed airplanes to operate without complying with the Normal Acceleration (Vertical) data recording rate requi rement listed in Appendi x F to P art 135, subject to the conditions and limitations listed herein.3

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1. This exemption applies on ly to the following airplanes while it remains on the p art 135 operations specifications of A ce Aviation Services : CL

- 600

- 2B16, N 601GT, S/N 5524 and N203, S/N 5374

.

2. This exemption allows for the continued operation of the affected airplanes 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 a s required by 14 CFR Appendix F to p art 135. No other relief from any other parameter requirement or other flight data recorder provision

of 14 CFR p art 135 is granted by this exemption.

3. A ce Aviation Services must establish a firm schedule for accomplishm ent of the

modifications required to bring the subject airplanes into compliance and submit the schedule to its oversight office. The schedule must include the following milestones :

a. Bombardier service bulletin issued no later than September 30, 201 5 ;

b. A c e Aviation Services plan for incorporation of the service bulletin on the subject airplanes , to be submitted to its Principal Avionics Inspector or other cognizant oversight office no later than December 1, 2015. The plan must include a modification date within the term of this exemption for the airplanes listed in condition 1 above;

c. Starting December 1, 2015, A ce Aviation Services must provide monthly status reports to its oversight office outlining the completion of the aircraft modifications

necessary to bring its aircraft into compliance with the requirements of 14 CFR § 135.152.

4. Noncompliance with any term of these conditions and limitations terminates this exemption witho ut further action by the FAA

.

5. Use of this exemption is limited to A ce Aviation Services while the subject airplanes

remain on its P art 135 operations specifications. This exemption may not be transferred to any subsequent operator of the affected airplanes

. Subsequent operators of the affected airplanes must apply for a nd be granted an exemption in writing before such airplanes may be operated if the airplanes have not been modified to comply with 14 CFR § 135.152

.

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

documentatio n as specified in the applicable provisions of 1 4 CFR § 1 35.152 until the airplanes identified in this exemption have been modified.4

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.

8. This exemption may be used for operations outside the United States.

This exemption terminates on the sooner of the completion of the m odification described in this exemption that brings the airplanes into compliance with 14 CFR § 135.152, or on January 31 , 2017 , unless sooner superseded, rescinded

, or terminated

.

Sincerely,

/s/

John S. Duncan Director, Flight Standard Service

Enclosure Exemption No. 11052