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••"•: h i 

Petition for Exemption 

September 19. 2011 

This petition for a technical exemption to the 14 CFR PT 135.152 is submitted in accordance with FAR PT 

11.63, and existing FAA guidance thereto. 

NAME AND MAILING ADDRESS: 

Bruce Currier 

VP for Avionics and Engineering, Evergreen Helicopters, Inc. 

Mailing Address: 

Evergreen Helicopters, Inc. 

3850 Three Mile Lane 

McMinnvilie, Oregon 97128 

Telephone and E-Mail Contact: 

TEL: (Office) 503-472-9361 x4417 

E-MAIL: bruce.currier@everqreenhellcopters.com 

SPECIFIC SECTIONfS) OF TITLE 14 OF THE CFR FROM WHICH AN EXEMPTION IS SOUGHT: 

Pt 91.609 - Flight Data Recorders and Cockpit Voice Recorders, specifically PT 91.609(c)(1) 

Pt 135.152 - Specifically Pt 135.152(a). 

Note: An exemption IS NOT being sought from the provisions/requirement of Pt 135.151 (CVR) 

THE EXTENT OF RELIEF SOUGHT AND REASONS FOR PETITIONING FOR SUCH RELIEF: 

The extent of the relief sought is an exemption from the provisions of Parts 91.609 and specifically 

135.152(a). This relief, if granted, would be for an operating period of 24 months from the time of grant 

See additional commentary below. 

This request centers on a rotorcraft placed into service by this company approximately January 26th 2011 

(following issuance of US FAA Airworthiness Certification), and originally imported from Canadian 

registry. The affected aircraft is: 

Manufacturer: 

Model: 

Serial Number: 

Date of Manufacture: 

Prior Registry/Opera tor: 

Cun-ent Registry: 

Ainworthiness Certification: 

Seating Capacity (Targeted): 

Eurocopter (Aerospatiale) 

AS332L-1 (Super Puma) 

2179 

1988 

British International Helicopters and CMC to Heli-One Corporation, Delta, 

B.C., Canada 

N368EV 

(Currently US FAA)(Originat French DGAC Airworthiness applies) 

16 Passengers Maximum. 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revislon-IR 

Page 1 of 7 
status of Recorders at Time of Manufacture: The aircraft at the time of manufacture and acquisition by 

British International Helicopters Limited was not equipped with a flight data recorder (FDR) of OEM 

design and installation. 

Subsequent Data Recorder Fitment: A combination CVR/FDR/IHUMS (North Sea Type) was fitted to 

the aircraft by British International Helicopters Limited on Engineering Order (Modification Order) No. 

332/31-30-017, dated Feb. 14,1992. This installation met the British CAA requirements specifications 11 

(CVR) and 18 (FDR) at the time of installation. The installation design was subsequently British CAA 

approved under Ainworthiness Approval Note No. 21700 issue-5,11 November 1992. The installation 

consisted of a combination CVR/FDR, Penny and Giles 900/D51508 CVFDR with three channel audio 

and one data channel. Flight data requirements per CAA Specification 18 were supplied by a DFDAU for 

FDR recording requirements and for IHUMS parameters. 

Canadian Modifications: Subsequent owner/operator CMC and Heli-One Corporation of Delta, B.C. 

installed, via Engineering Order CHA332-31-004, entitled CVFDR Replacement with MPFR, and Heli-One 

Engineering Order CHA332-05-007, an uprated Penny and Giles P/N D51615-102 MPFR which was 

fitted and tested. Documentation used was based upon Heli-One-Norway technical data. 

Canadian LSTC: Numerous European accomplished modifications aboard AS332L-i SN# 2179, this 

CVR/FDR modification with updates included, were rolled into a brief Heli-One Corporation Transport 

Canada Serialized Supplemental Type Certificate No. P-LSH10-007 lssue-1, dated Feb. 4, 2010. At the 

time of export to US registry and AWC certification, due to the serialized nature of the STC (one aircraft 

only), Canadian DAR's chose to exempt the LSTC from the certificate of export to US FAA registry and 

AWC issuance upon Evergreen acquisition of the aircraft. 

Data for the CVR/FDR system had become somewhat fragmentary by late 2010, and the performance of 

the FDR system to US FAA PT 135.152 and Apx-C requirements was never demonstrated or certified. 

Hamionization of such a LSTC through US FAA channels became technically impractical within any time 

frame in which the aircraft was required in service. 

Subsequent US FAA CVR Activation and FDR/IHUMS De-Activation: The CVR portion of this Penny 

and Giles D51615-102 MPFR system was reactivated 10 November 2010, and testing to Canadian 

Research Council specifications (the audio down-load was analyzed by this Canadian agency) was 

conducted. FAA DER approval of the CVR element was obtained on Jan. 26, 2011 along with concurrent 

FAA approval dated Jan. 26. 2011. The FDR/IHUMS portion of the recording system was de-activated by 

FAA direction due to lack of FAA formal approval. 

Limitations Imposed: Due to the lack of fomial FAA Approval of the FDR/IHUMS system as installed, 

the aircraft was limited to nine or less passengers by FAA Operations Specifications action and 

Evergreen Helicopters, Inc. STC SR02089SE was applied to the aircraft for seating limitations. Aircraft 

full utilization remains restricted. 

Note: This particular Eurocopter AS332 series rotorcraft IS NOT exempted from the FDR requirement as 

per Pt 135.152(k), although the Eurocopter AS330J (SA-330J) Puma series rotorcraft is. 

REASONS FOR SEEKING RELIEF: 

The affected aircraft must be into contractual service not later than approximately Oct.. IS, 2011, 

and operate under the requirements of FAR Pt 135 operating rules. 

In June of 2010, following fiscal acquisition of the aircraft. Evergreen Helicopters, Inc. immediately 

embarited on a concerted effort to equip this specific AS332L-1 rotorcraft with the FDR and CVR 

equipment. It is again emphasized that the aircraft is currently equipped with a FAA approved CVR 

system in compliance with PT 29.1457 and in full compliance with all current guidance and certification 

requirements while operating with limited operational capability. 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revision-IR 

Page 2 of 7 
Since the FDR system must have a STC or OEM approval basis due to its complexity, and be fully 

interfaced with the existing aircraft fiight controls, accessories and instnjmentation, immediate efforts 

were made to acquire a Eurocopter OEM fiight data recorder system, DGAC/EASA approved, and 

meeting Pt 135.152 Appendix-C requirements in effect as June 2010. Interpretation of the rules indicates 

that such a new FDR recorder system would have to meet cun-ent Appendix-C as of the time of the 

aircraft entering service (2011) and receiving a US FAA Airworthiness Certificate. 

EXPLORATIONS OF TECHNICAL OPTIONS TO RESOLVE THE FDR SHORTCOMING: 

PRIMARY FDR OPTION: EUROCOPTER/OEM (Dedicated FDR System) 

Following initial discussions with Eurocopter-France product support engineering in May of 2010, the 

installation of the FDR system appeared quite feasible. However, by eariy July 2010 - and thru July 

2011, the situation remains unchanged with protracted lead-times and non-availability of equipment. The 

following obstacles to fitment and approvals now exist: 

CERTIFICATION. LOGISTICS AND TECHNICAL ISSUES: 

1. Eurocopter-France generates a separate and unique Service Bulletin for each FDR installation as 

effective to a specific serial numbered rotorcraft. To engineer and release this Service Bulletin 

against SN# 2179 has been cited by Eurocopter as taking a minimum of 6 months to as much as 

1 year (or more). 

2. Installation time now cannot be accurately determine, but Eurocopter is citing (estimating) 

between 800 to 1500 manhours at this time in the design process - and this is following receipt of 

an engineering approved OEM Service Bulletin. 

3. Equipment availability specific to the Eurocopter OEM FDR configuration has now been 

determined to have delivery lead-times njnning between 6 months to better than 1 year. The air 

data system component P/N 704A47137026 is currently projected as having a 13 month or better 

lead-time. 

4. Eurocopter has not yet fully qualified the proposed FDR system as meeting current PT 135.152 

Appendix-C requirements. 

5. Additional field engineering and flight test is required - and the extent of this has not been 

clarified or defined by Eurocopter-France. In short - the final configuration of this system is not 

yet fully known. 

6. Conclusion: 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. 

SECONDARY FDR OPTION: BRISTOW HELICOPTERS IHUMS SYSTEM (UK) 

As an alternative, the Bristow Helicopter IHUMS data recording system has been investigated for EHI use 

aboard the AS332L-1 as this "North Sea" type performance monitoring system has been in use in the 

same series rotorcraft since eariy 1991. The Bristow IHUMS system does utilize an approved type MPFR 

recording device (Penny and Giles P/N D516150102 - UK manufactured), and also is a combined 

CVR/FDR recording system. 

information obtained from Bristow Helicopters in eariy July 2010 indicates that this approach has 

limitations when applied to a US FAA type rotorcraft: 

Evergreen Helicopters, Inc. 

Petition for Exemption. AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revision-IR 

Page 3 of 7 
1. CERTIFICATION: The IHUMS was originally designed and certified in the UK in 1991. The 

system is currently approved by the UK Civil Aviation Authority (CAA) in accordance with 

Airworthiness Approval Notice (AAN) No. 22775, Issue-5, dated 21** February 2006, and is 

adopted by the European Aviation Safety Agency (EASA) under the auspices of Commission 

Regulation (EC) No. 1702/2003. Article 2. However, Bristow does not currently hold an FAA or 

Transport Canada Approval for the system. This system has been accepted in Canadian 

registered aircraft in the past via serialized STC's held by the operator, but in such cases the 

system had been installed and in operation prior to import. As the holder of the AAN, Bristow 

would need to apply to the FAA for familiarization of their UK CAA/EASA approval. To date, they 

have shown no willingness to do this. 

2. TECHNICAL ISSUES: 

a. At this time, Bristow (UK) has not yet confirmed full compliance of the system to US FAA 

PT-135 Appendix-C requirements. The system was originally certified to meet the 

requirements of CAA UK Specification 18 for Flight Data Recorders (an ICAO based 

standard). The FAA requirement is stricter on specific parameters that may or may not 

be met by the Bristow system. 

b. The IHUMS requires specific support software and a ground station on the base of 

operations in order to download monitoring data on a regular basis from the aircraft. This 

may not be too pracficai in a remote operating area. Additional training for maintenance 

and pilot staff may be required. Bristow does not provide or require a RFMS for this 

system, as most operators use this system in the North Sea region where the system 

was developed created their own supplements and training programs unique to their 

fleet. 

c. This modification includes a combined CVFDR unit. 

3. OTHER ISSUES APPARENT WITH THE BRISTOW IHUMS: 

a. Application by Bristow for US FAA familiarization has not been quoted nor any lead-times 

estimated. It is not clear at this time what the implications of this might be. This remains 

unchanged through eariy 2011. 

b. Installation effort is not precisely known, but may be in excess of 1000 M/H. 

c. Continued ainvorthiness of this essentially 20 year old system will become increasingly 

difficult over time, as some components are already difficult to source (not in production) 

and/or will soon become obsolete. This may well be a "boutique" type system not totally 

adaptable for EHI fieet operations. 

d. The expected minimum lead time from order initiation Is currently 20 weeks for materials 

plus an additional 8 weeks of installation time. Additionally, there may be (likely to be) 

more certification and engineering and fiight test required than initial thought. 

4. CONCLUSION: The Bristow "North Sea" IHUMS does not seem easily adaptable to a US YR 

2011 FAA regulatory environment. The system does not bode well for remote field operations, 

and it appears to be a potentially high maintenance system requiring heavy logistical support. 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11. Revision-IR 

Page 4 of 7 
SUMMERIZATION: 

Neither 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 certainty. It 

appears at this point that a US FAA regulatory compliant FDR system for the Eurocopter AS332L-1 

rotorcraft would require substantial engineering and design work with an eye towards more modem 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. 

HOW GRANTING OF THIS REQUEST WOULD BENEFIT THE PUBLIC INTEREST: 

This particular aircraft, SN# 2201, and a yet to be determined secondary AS332L-1 rotorcraft, are 

destined for service in the Afghanistan theater in support of US Forces operating under US Central 

Command. The civil aviation contractor/coordinator is Transcom, and this aircraft is contracted per No. 

HTC71109D0023. The US command and its various contractors continue to press for accelerated 

delivery of this type aircraft to the Afghanistan theater to meet US military operational requirements for 

logistical and tactical support to back up scarce military assets. 

Use of this larger type rotorcraft is critical to regional operations due to larger lifting capacity, higher 

altitude capabilities (ground separation), longer range, and the ability to carry equipment unique to the 

operating theater (e.g., fioor, cockpit and cabin armor, and military tactical avionics). In short, the aircraft 

is large enough to meet mission requirements called for and yet carry sufficient protective accessories. 

Evergreen is one of the few civil operators well experienced in this para-military tactical role, and 

integrates easily with the US command structure to provided requested services on behalf of US forces 

so deployed. 

EQUIVALENT LEVEL OF SAFETY AND WHY SAFETY WOULD NOT BE ADVERSELY AFFECTED: 

The lack of an operating Flight Data Recorder (FDR) 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. The aircraft remains fully equipped with a full IFR avionics and 

instrumentation suite plus the addition of unique military tactical communications, traffic detection, digital 

radar, tracking devices and other location and emergency devices. Safe operation of the aircraft remains 

technically unimpaired and no fiight manual pertormance data is compromised. 

In terms of any subsequent accident investigation in this theater, the aircraft is equipped with a fully 

operational Uiree-channel TSO C-123 solid state Cockpit Voice Recorder (CVR). This recorder is, of 

course, fully integrated into all audio and communications systems and any aural advisories which may 

be so generated. 

An Iridium satellite tracking device is installed which also provides a real-time update on basic aircraft 

flight profiles. 

Equivalent type rotorcraft (and of approximately the same manufacturing period) operating in the same 

theater such as the Sikorsky S-61N and Bell 214ST (same passenger capacity) are in fact exempted by 

PT 135.152(k) firom the FDR requirement. 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revision-IR 

Page 5 of 7 
FEDERAL REGISTER SUMMARY: 

Rule for which the exemption is sought: 

14 CFR PT 135.152 (Primary) 

14 CFR PT 91.609 

Evergreen Helicopters, Inc. seeks an exemption from the requirements of PT 135.152(a) for installing a 

Flight Data Recorder in an imported Eurocopter Model AS332L-1 rotorcraft placed onto US N-registi7 in 

with AWC on Jan. 26, 2011. The reason for exemption request is due to non-availability, in a timely 

manner, of a US FAA Yr 2011 PT-135 Appendix-C compliant FDR system with full regulatory approval. 

Note: It is requested, that in the interests of an expedited FAA review, with any considerations for 

approval, that this request for exemption not be published in the Federal Register. 

ADDITIONAL INFORMATION - YEAR 2011 AS TO TECHNICAL RESOLUTION: 

Evergreen Helicopters, Inc. (operator) and its selected vendor for aircraft preparation, maintenance and 

modification, Heli-One, inc. of Delta, B.C., Canada, have given very concerted effort since eariy May 

2010 to locating a suitable FDR system to fit to this aircraft. The Canadian Heli-One corporation is a 

worid wide maintenance organization with primary facilities in Canada and Norway. Heli-One is also an 

acknowledged expert in the maintenance and modification of the AS332L-1 series of rotorcraft. 

The target system has always been the Eurocopter OEM system - but Eurocopter has proven slow in 

responding to inquiries and has not been responsive to this point. Eurocopter-France has also never 

defined whether the proposed OEM system would in fact meet current US FAA PT 135 Appendix-C 

requirements. This lack of timely response from the OEM has been an unexpected disappointment to 

both Evergreen and Heli-One. 

Evergreen remains committed to incorporating a FDR system in the aircraft. However, based on the 

delays experienced to this point, the scarcity and dated nature of proposed equipment, and the 

certification variances envisioned, the timing of any such project makes aircraft delivery into service in a 

timely manner not possible. It is Evergreen's desire at this point to seek an exemption while a better 

defined engineering and certification path is developed, and more current equipment is marshaled. 

Going in the fall of Year 2011. the options for upgrade and FDR fitment of an FAA Approved (STC'ed) 

system have devolved to an adaptation of an Heli-One Corporation Norway designed AS332L-1 FDR 

system as applied to a military version of the AS332L series. Engineering adaptation of this system is 

now under review by at least two US based DER engineering houses within the United States - and 

which would assist in the certification process. Quotations have been obtained and preliminary 

certifications paths have been established. 

Logistical Issues Encountered to this Point: The aircraft for which relief is sought currentiy functions 

largely for logistical transport operating out of Kandahar, Afghanistan. Accessing this aircraft in the field 

at the remote operating base for acquiring detail engineering, fitment, and designee examination is 

proving impractical due to security requirements, limited technical staff support available, and nonavailability of suitable maintenance and re-fit facilities for an operation of this complexity. The aircraft will 

have to be pulled from service and deployed to a facility more accessible and suitable for certification 

engineering work. Evergreen Helicopters, Inc., at this time, continues to seek and obtain a suitable 

replacement aircraft such that the affected aircraft (SN#2179) can be re-deployed for engineering re-wort( 

out of theater. Accomplishing such an acquisition, and preparing such an aircraft for service, is proving 

more time consuming than originally anticipated. 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revision-IR 

Page 6 of 7 
EXEMPTION INTERVAL: 

The request for 24 months is based not necessarily on engineering time, materials acquisition time, or 

installation time required, but on the fact the aircraft is deployed to a remote site with very limited facilities 

- for an extended period - making any fitment and test of a complex system impractical. Since the fitment 

time for the FDR system is estimated to be in excess of 60 to 120 days or more, exclusive of any 

engineering re-work and certification issues, it would be optimal if tiiis work be scheduled/planned to 

coincide with the aircraft's major inspection points. Re-deploying an aircraft of this size from a remote 

area to suitable maintenance bases is done via air transport, and has logistical complexities. 

If this exemption interval of this length is not favored. I would appreciate being so advised so alternative 

measures can be evaluated and planned. 

OTHER SIMILAR PRIOR EXEMPTIONS GRANTED: 

FAA Exemption No. 10152 was granted to Evergreen Helicopters, inc. on Sept. 30, 2010 for a 

similar situation relating to FDR systems in EHI AS332L-1 SN# 2201 (N369EV at the time). 

EXERCISING THE PRIVILEGES OF EXEMPTION OUTSIDE THE UNITED STATES: 

If granted, the operator, Evergreen Helicopters, Inc., requests that the provisions of the exemption by 

allowed to be in force overseas in the US (DOD) Central Command operating area of Afghanistan or 

other regions as directed by command authority. The reason: Afghanistan is the targeted/assigned base 

operating area for the affected rotorcraft. 

Respectfully Submitted: 

Briice Currier 

Vice President for Avionics and Engineering 

Evergreen Helicopters, Inc. 

3850 Three Mile Lane 

McMinnvilie, Oregon 97128 

Evergreen Helicopters, Inc. 

Petition for Exemption, AS332L-1 Rotorcraft, Requirements of 14 CFR PT 135.152(a) 

Dated: 09-19-11, Revision-IR 

Page 7 of 7