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December 31, 2014

Exemption No. 11130 Regu latory Docket No. FAA

- 20 14

- 0841

Mr. Brian M. Broom Chief Inspector / Safety Officer Jet Select, LLC

4130 East Fifth Avenue Columbus, OH 43219

Dear Mr. Broom :

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.

T he Basis for Our Decision

By letter dated October 10, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Jet Select, LLC., for an exemption from § 135.152, Appendix F, parameter No. 5 ( Normal Acceleration, Vertical) of Title 14, Co de of Federal Regulations (14 CFR). This exemption , if granted, would allow two CL

- 600

- 2B16 (CL

- 604 Variant) , N529KF, S/N 5477 and N604MC, S/N 5581 to continue to operate without complying with the required flight

re corder 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 detrimen tal to Jet Select, LLC.

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 data2

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to the Digital Flight Data Recorder ( DFD R ) 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 giv en 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 kno wn, 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 defi ciency 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.

The FAA has analy zed the petitioner’s request to operate outside the United States using this exemption to examine any effect on U.S. obligations under international agreements. The FAA finds that even with the exemption, the DFDR system installation on the subject airpla nes meets or exceeds the recorder requirements of both Annex 6 of the International Civil Aviation Organization and the regulations 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 requesting an exemption, I find that

—

 they are similar in all material respects to relief previously requested in the enclosed Grant

of Exe mption 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 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 delegated to me, I hereby grant Jet Select, LLC. an exemption from 14 CFR § 135.152 to the extent necessary to allow the listed airplanes t o operate without complying with the Normal Acceleration (Vertical) data recording rate requirement listed in Append ix F to p art 135, subject to the conditions and limitations listed herein.3

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- E Conditions and Limitations

1. This exemption applies on ly to the fo llowing airplanes while they remain on the p art 135 operations specifications of Jet Select, LLC. : CL

- 600

- 2B16, N529KF, S/N 5477 and N604MC, S/N 5581

.

2. This exemption allows for the continued operation of the affected airplanes with a DFDR

that receives da ta from the source sensor for the Normal Acceleration (Vertical) parameter

at a rate of 0.2 rather than the 0.125 as 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. Jet Select, LLC. must establish a firm schedule for accomplishment of the modifications required to bring the subject airplanes into compliance and submit the schedule to its oversight office. The schedule mu st include the following milestones :

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

b. Jet Select, LLC ’s plan for incorporation of the service bulletin on the subject airplanes , to be submitted to its Principal Avionics Inspector or ot her 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, Jet Select, LLC. must provide monthly sta tus reports to its oversight office outlining the completion of the aircraft modifications necessary to bring its aircraft into compliance with the requirements of § 135.152.

4. Noncompliance with any term of these conditions and limitations terminates this exemption without further action by the FAA.

5. Use of this exemption is limited to Jet Select, LLC. while the s ubject airplanes remain on its p art 135 operations specifications. This exemption may not be transferred to any subsequent operator of the affecte d airplanes. Subsequent operators of the affected airplanes must apply for and 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 documentation as specified in the applicable provisions of 1 4 CFR § 135.152 until the airplanes identified in this exemption h ave been modified.4

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- E 7. In the event of an accident or incident afte r which the DFDR recording media must be removed and retained subject to 14 CFR § 135.152(e), the operator must provide a copy of this exemption together with the recording media when submitted

.

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

This exemption terminates on the sooner of the completion of the modification 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 Standards Service

Enclosure Exemption No. 11052