Exemption No. 10152 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

EVERGREEN HELICOPTERS, INC. Regulatory Docket No. FAA-2010-0728

 

for an exemption from §§ 91.609(c)(1) 

and 135.152(a) of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By letter dated July 8, 2010, Mr. Bruce Currier, Vice President for Avionics and 

Engineering, Evergreen Helicopters, Inc. (Evergreen), 3850 Three Mile Lane, McMinnville, 

Oregon 97128, petitioned the Federal Aviation Administration (FAA) on behalf of Evergreen 

for an exemption from §§ 91.609(c)(1) and 135.152(a) of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow Evergreen to 

operate one Eurocopter model AS332L-1 rotorcraft for 6 years before it installs a flight data 

recorder system to bring the aircraft into compliance with part 135. 

The petitioner requests relief from the following regulations:

Section 91.609(c)(1) prescribes that no person may operate a U.S. civil registered, 

multiengine, turbine-powered airplane or rotorcraft having a passenger seating 

configuration, excluding any pilot seats of 10 or more that has been manufactured after 

October 11, 1991, unless it is equipped with one or more approved flight recorders that 

utilize a digital method of recording and storing data and a method of readily retrieving 

that data from the storage medium, that are capable of recording the data specified in 

appendix E to this part, for an airplane, or appendix F to this part, for a rotorcraft, of 

this part within the range, accuracy, and recording interval specified, and that are 

capable of retaining no less than 8 hours of aircraft operation. 

AFS-10-335-E 
2

Section 135.152(a) prescribes that except as provided in paragraph (k) of this section, 

no person may operate under this part a multi-engine, turbine-engine powered airplane 

or rotorcraft having a passenger seating configuration, excluding any required 

crewmember seat, of 10 to 19 seats, that was either brought onto the U.S. register after, 

or was registered outside the United States and added to the operator's U.S. operations 

specifications after, October 11, 1991, unless it is equipped with one or more approved 

flight recorders that use a digital method of recording and storing data and a method of 

readily retrieving that data from the storage medium. The parameters specified in either 

Appendix B or C of this part, as applicable must be recorded within the range, 

accuracy, resolution, and recording intervals as specified. The recorder shall retain no 

less than 25 hours of aircraft operation. 

The petitioner supports its request with the following information:

Evergreen states that it acquired a Eurocopter AS332L-1 (Super Puma) rotorcraft on 

May 21, 2010. The rotorcraft had previously been owned by the Tokyo (Japan) Fire 

Department. Evergreen intends to use the rotorcraft to support its contract to provide 

transportation for the U.S. Department of Defense (DoD) in Afghanistan. That contract 

requires that the aircraft go into service no later than September 5, 2010, and operate in 

accordance with part 135. 

At the time of purchase, the rotorcraft was equipped with neither a cockpit voice 

recorder (CVR) nor a digital flight data recorder (DFDR). Neither equipment system had 

ever been installed on the aircraft. Following acquisition of the aircraft, Evergreen began to 

research options for installation of a flight recorder. At the time of the petition, Evergreen 

stated that the aircraft was “currently being equipped” with a CVR that meets the regulatory 

requirements. 

The petitioner sought to acquire a flight data recorder package from the original 

equipment manufacturer (Eurocopter). According to the petitioner, however, “by early 

July 2010, the situation deteriorated to protracted lead-times and non-availability of 

equipment.” The petitioner concluded: “Engineering, installation and approval of this OEM 

type FDR system is/are probably better than 1 year out following a financial commitment to 

Eurocopter-France to even begin the preparations – and we are not certain the system is fully 

FAA compliant without additional engineering modifications,” and that “the final 

configuration of this system is not yet fully known.” 

The petitioner also investigated an alternative from Bristow Helicopter UK, which 

Bristow has been using in its rotorcraft in the North Sea. The petitioner states that it is 

“unlikely” that the Bristow system, a combined DFDR/CVR system, would meet the 14 CFR 

requirements for CVR systems. In July, Evergreen also found that there were other 

considerable limitations of the Bristow system if it were to be installed on Evergreen’s 

rotorcraft. 
3

Evergreen concluded that “[N]either of the developed Flight Data Recorder system 

seemingly available has been found to meet with any suitable time-line, materials availability 

or certification requirements with any degree of certainly. It appears at this point that [a 

compliant system for the rotorcraft] would require substantial engineering and design work 

with an eye towards more modern and available equipment. An effort of this magnitude 

could well take 18 months to two years to accomplish – and with an aircraft readily at hand.” 

Since Evergreen has found that the timing of any retrofit project “makes aircraft 

delivery in to service in a timely manner not possible,” Evergreen is now requesting an 

exemption from the flight recorder requirements of §§ 91.609 and 135.152 for 72 months 

(6 years). The length of time requested “is based not necessarily on engineering time, 

materials acquisition time, or installation time required,” but on the fact that the aircraft “is 

to be deployed to a remote site with very limited facilities – for an extended period – making 

any fitment and test of a complex system impractical.” Instead, the time is requested to 

coincide with the aircraft “G-check” which occurs approximately every 72 months. The 

petitioner states that “[R]edeploying an aircraft of this size from a remote area to suitable 

maintenance bases is done via transport (Antonov 124), and has logistical complexities.” 

The petitioner states that a grant of exemption would be in the public interest because 

the rotorcraft is “destined for service in the Afghanistan theater in support of US Forces 

operating under US Central Command.” The petitioner also states that “[T]he US Command 

and its various contractors continue to press for accelerated delivery of this type of aircraft” 

in Afghanistan. 

The petitioner states that there would be no adverse impact on safety because “[T]he 

lack of an operating Flight Data Recorder does not impair in any way the operational safety 

of the basic aircraft. The lack of the FDR would obviously impact only any subsequent 

accident investigation should that arise.” Regarding any necessary post-accident 

investigation, the petitioner notes that the rotorcraft is equipped with a compliant CVR and 

that the aircraft has an Iridium satellite tracking device. 

Evergreen also requests that the exemption include a provision allowing the aircraft to 

be operated outside the United States. 

The FAA has determined that good cause exists for waiving the requirement for 

Federal Register publication because the exemption, if granted, would not set a precedent, and 

any delay in acting on this petition would be detrimental to Evergreen. 

The FAA’s analysis is as follows: 

The subject rotorcraft (a Eurocopter/Aerospatiale AS332L-1 Super Puma) is destined 

for contract service in Afghanistan to support U.S. Forces operating under U.S. Central 

Command beginning September 2010. The U.S. Command and its various contractors 

continue to press for accelerated delivery of this type aircraft to the Afghanistan theater to 

meet U.S. military operational requirements for logistical and tactical support. 
4

Since taking delivery in May 2010, Evergreen has installed an FAA-approved 

technical standard order-C123b 2-hour CVR with a 10 minute independent power source in 

the aircraft. Evergreen has investigated possible DFDR retrofits with Eurocopter-France and 

Bristow Helicopters in an effort to find a vendor of equipment that would make the aircraft 

complaint with parts 91 and 135. Evergreen stated that the alternatives it has found require 

significant time to develop an appropriate service bulletin, install, and certify the necessary 

components, equipment, sensors, and wiring to comply with 14 CFR §§ 91.609(c)(1) and 

135.152(a). Evergreen estimates that a modification of this magnitude could take from 18 to 

24 months to accomplish. 

 

Evergreen notes that this rotorcraft is equipped with an instrument flight rules (IFR) 

avionics and instrumentation suite and with military tactical communications, traffic 

detection, digital radar, and an Iridium satellite tracking device which provides real-time 

updates on basic aircraft flight profiles. In the event of an accident, accident investigators 

would have sources of data, including radar position reports, cockpit ambient and 

crewmember audio recordings, and main rotor revolutions per minute as an alternative to 

basic DFDR data. Accordingly, the FAA finds that the aircraft will be operating in a limited 

environment with some equipment that can track some of the basic functions that would be 

expected from a DFDR system. 

The FAA does not agree with the requested exemption length of 72 months. Such a 

term would far exceed the norm for equipment retrofits of any kind. Evergreen stated that 

approximately 24 months would be needed to develop and engineer a compliant FDR 

package; that is the term of this exemption. Neither the location of the rotorcraft nor the usual 

maintenance check interval are appropriate factors in determining the length of time before 

the rotorcraft is required to be retrofitted for compliance. The petitioner is cautioned to heed 

its experience in acquiring retrofit equipment and not acquire any similar aircraft with the 

expectation that requests for exemptions will be granted. 

The FAA’s Decision 

 In consideration of the foregoing, I find that a grant 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, Evergreen Helicopters, Inc., is granted an exemption from 

14 CFR §§ 91.609(c)(1) and 135.152(a) to the extent necessary to operate its Eurocopter 

model AS332L-1 rotorcraft subject to the conditions and limitations listed below. 

Conditions and Limitations 

Evergreen Helicopters, Inc., may operate its AS332L-1 rotorcraft, serial number 2201, 

without complying with the flight recorder requirements of 14 CFR §§ 91.609(c)(1) 

and 135.152(a) only as follows: 

1. Only the petitioner, Evergreen Helicopters, Inc., may operate this rotorcraft. 
5

2. Operation of the single subject rotorcraft is extended to service only in the 

Afghanistan theater. Operation outside of this theater for ferrying purposes with 

only necessary flightcrew is allowed only for (a) transporting the rotorcraft to or 

from contract service in Afghanistan, or (b) transporting the rotorcraft within the 

United States for the purposes of retrofitting the rotorcraft to comply with 14 CFR 

§§ 91.609(c)(1) and 135.152(a).

3. This exemption expires September 5, 2012, or the departure of the rotorcraft from 

contract service in Afghanistan, which ever occurs first. This exemption will not be 

extended.

4. A copy of this exemption must be carried on board the aircraft at all times. 

This exemption terminates on September 5, 2012, unless sooner superseded or rescinded or 

the conditions set forth in the conditions and limitations sections above are not met. 

Issued in Washington, D.C., on September 30, 2010. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards Service