AFS-15-064-E

December 31, 2014

 Exemption No. 11128

 Regulatory Docket No. FAA-2014-0853

Mr. Brian Burkett

Oak Air Limited

5430 Lauby Road

C/O McKinley Air FBO .

North Canton, OH 44720

Dear Mr. Burkett:

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 November 7, 2014, you petitioned the Federal Aviation Administration (FAA)

on behalf of Oak Air Limited (Oak Air), 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 (CL-604 Variant), 

N340AK, S/N 5405 aircraft 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 § 135.152, 

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 Oak Air.

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 

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 
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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 Oak Air an 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 aircraft operated by Oak Air in 14 CFR part 

135 service: CL-600-2B16, N340AK, S/N: 5405

2. This exemption allows for the continued operation of the affected aircraft 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 required 0.125. No other relief from any other parameter or 

other flight data recorder provision of part 135 is granted by this exemption.
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3. Oak Air must establish a firm schedule for accomplishment of the modifications 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, 2015;

b. Oak Air’s plan for incorporation of the service bulletin on the subject aircraft, to 

be submitted to its Principal Avionics Inspector or other cognizant oversight office no 

later than November 1, 2015. The plan must include modification dates within the 

term of this exemption for each aircraft listed in condition 1 above;

c. Starting December 1, 2015, Oak Air 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 the terms of these conditions and limitations terminates this 

exemption without further action by the FAA. 

5. Use of this exemption is limited to Oak Air while the subject aircraft remain 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. 

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 § 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 data must be sent to the FAA 

or the National Transportation Safety Board, the operator must provide a copy of this 

exemption with the DFDR data.

This exemption terminates on the sooner of the completion of the modification correcting the 

deficiency described herein, or on January 31, 2017, unless sooner superseded, rescinded or 

terminated by action of Flight Inspection Services.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
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Enclosure 

Exemption No.11052