AFS-15-021-E

December 31, 2014

 Exemption No. 10444B

 Regulatory Docket No. FAA-2012-0030

Mr. Richard Litka

Director of Maintenance

Aero Contractors, Ltd.

3463 Swift Creek Road

Smithfield, NC 27577

Dear Mr. Litka:

This letter is to inform you that we have granted your petition to extend Exemption No. 10444,

as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By docket submission on October 3, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Aero Contractors, Ltd. (Aero) for an extension of Exemption No. 10444, as 

amended. That exemption from § 125.226(e) and (f) of Title 14, Code of Federal Regulations 

(14 CFR) allows Aero Contractors the continued operations of four CASA 235-300 series 

airplanes for 24 months from the date of this letter without complying with 14 CFR § 125.226(e) 

or (f), as applicable.

In your petition, you indicate that there has been no change in the conditions and reasons relative 

to public interest and safety that were the basis for granting the original exemption.

The delay in delivery of the Image Recorder system to be installed on Aero’s airplanes was 

caused by parts certification issues which have been addressed by the manufacturer (Physical 

Optics Corporation (POC)) and the FAA. The FAA Aircraft Certification and Manufacturing 

Inspection District Offices are working with POC to finalize Technical Standard Order (TSO) 

authorization for the remaining components required for the installation of the image recorder 

systems. This authorization is required before POC can ship the parts for installation and will be 
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completed in time for Aero to bring their airplanes into compliance within the duration of this 

extension.

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 Aero.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10444, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant Aero Contractors, Ltd. this exemption from 14 CFR 

§ 125.226(e) and (f), as applicable, to operate the four CASA 235-300 series airplanes until they 

are retrofitted and evaluated to meet the requirements of that section, subject to the conditions 

and limitations listed below.

Conditions and Limitations:

1. This exemption applies only to the following airplanes:

Make Model Serial No.

CASA CN-235-300 C-135

CASA CN-235-300 C-139

CASA CN-235-300 C-143

CASA CN-235-300 C-145

2. This exemption applies only to the recordation of the parameters required by:

a. 14 CFR § 125.226(e) and listed in §§ 125.226(a)(24), (25), (29), (30), (31), (33), (36), 

(45), (46), (55), (56), by airplane with serial number C-135, and

b. 14 CFR § 125.226(f) and listed in §§ 125.226(a)(24), (25), (29), (30), (31), (33), (36), 

(45), (46), (55), (56), (60), (74), (75), (77), (78), (82), (83), (84), and (85) by airplanes 

with serial numbers C-139, C-143, and C-145.

3. Aero Contractors must continue submiting to its Principal Avionics Inspector (PAI) a 

monthly status report outlining its progress with the image recorder manufacturer in 

developing the modifications necessary to demonstrate compliance with 14 CFR 

§§ 125.226(e) and 125.226(f), as applicable. If the operator is unable to procure the 

equipment required to modify the installed image recorder system within 9 months of the 

date this exemption is granted, it must submit as its next monthly report a firm plan for 

bringing the aircraft into compliance with §§ 125.226(e) or 125.226(f), as applicable.

4. Within one month of procuring the equipment required for the modifications required by 

item No. 3, the operator must submit to its PAI a firm schedule for accomplishing the final 
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modifications of the image recorder system used to collect the parameters of flight data 

required by 14 CFR §§ 125.226(e) or 125.226(f), as applicable.

5. Within one month of accomplishing the final modifications of the image recorder system, the 

operator must submit to its PAI a firm schedule to evaluate the equivalency of the image data 

to the Flight Data Recorder requirements in part 125, Appendix E before the termination date 

of this exemption.

6. No airplanes may be added to the list of affected airplanes listed in Condition No. 1, 

regardless of the date of acquisition. 

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10444, as amended, to 

January 31, 2016, unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service