January 30 , 2012

SUBMITTED ELECTRONICALLY TO: Federal Docket Management System

, www.regulations.gov

U.S. Department of Transportation Docket Operations West Building, Room W12

- 140 1200 New Jersey Avenue, SE Washington, D.C. 20590

- 0001

RE: Pratt & Whitney Petition for Exemption from 14 CFR §§ 21.142 , 21.146 and 21.147

Dear Ladies and Gentlemen:

Pursuant to 14 CFR part 11 1 , the Pratt & Whitney D ivision of United Technologies Corporation ( P&W ) hereby petitions for an exemption from §§ 21.142 and 21.147 to the extent necessary to amend its production limitation record (PLR) to allow the installation of certain Interface Components (IC) described in aircraft type certificates (TC) held by P&W ’s

commercia l partners rather than P&W

. Additionally, P&W requests an exemption from § 21.146 to the extent necessary to manufacture completed engines that do not conform to their approved design solely because of the installed IC.

If the petition is granted the IC would be installed during the initial build of engines for which

P&W is either the holder or licensee of FAA type design data

. 2 The installation of the IC would then be accomplished under P&W’s production certificate number 2.

P& W has reviewed a similar request for exemption submitted by GE Aviation on August 19, 2009 which was granted on June 15, 2010 and amended on September 27, 2010 ( the GE exemption 3 )

. P&W agrees with and incorporates the justification offered by GE in support of its petition. In addition, P&W agrees to comply with the conditions and limitations imposed by the FAA in its initial grant of the GE exemption as well as the September 2010

amendment

.

In accordance with § 11.83 P&W also requests that the FAA extend this relief to allow some
of the manufacturing activities to be performed outside the United States in accordance with other provisions of part 21 that are not covered by this exemption request

. 4 Th e se

1 All citations are to 14 CFR unless otherwise noted.

2 This may include type certificates issued under § 21.21 or § 21.29.

3 Exemption no s. 10079 and 10079A ; docket number FAA

- 2009

- 0 772

4 Section 21. 139(a) require s the FAA to find that there would be no undue burden on the agency if the manufacturing facilities of a PC holder are locat ed outside the United States. This includes, but is not 117 North Henry Street, Alexandria, VA 22314

– 2903 Telephone 703.299.0784 Fax 703.299.0254

www.potomac

- law.com

Marshall S. Filler Direct Dial

- 703.451.7393
Admitted in the District of Columbia and Virginia E

- Mail

- marshall.filler @potomac

- law.comU.S. Department of Transportation Docket Operations January 30, 2012 Page 2

RE: Pratt & Whitney Petition for Exemption from 14 CFR §§ 21.142 and 21.147

responsibilities are fully described in co ntractual a greements between P&W and its various

commercial partners

.

Pertinent Regulations and Guidance

Section 21.132 permits qualified persons to apply for a production certificate (PC) when they hold

, for the affected product

, a TC, supplemental type certificate (STC) or rights to a TC/STC under a licensing agreement.

Section 21.142 states that the FAA issues a PLR as part of a PC. The PLR lists the TC

number and model of every product that the PC holder is authorized to manufacture.

Section 21.147 specifies that the holder of a PC must apply for an amendment to that certificate in a form and manner prescribed by the FAA. The applicant for an amendment to a PC to add a TC or model, or both, must comply with the applicable requirements of §§21.137, 2 1.138, and 21.150

.

The FAA’s Production and Airworthiness Division ( AIR

- 200 ) clarified the a bove requirements by issuing a memorandum on October 3, 2008 confirming that a PC/PLR may not be issued or amended based on partial or limited licensing agreements in order to permit production of only certain parts or components included in a TC or STC. The

memorandum set forth several alternatives that would allow such activ ities to take place, including requesting and obtaining an exemption from §§ 21.142. 5 P&W has analyzed the options in the AIR

- 200 memorandum and concluded that an exemption i s the best way to deliver a complete propulsion system for installation on the affected aircraft.

For these reasons , P&W requests an exemption from §§ 21.142 and 21.147. Additionally, P&W requests an exemption from § 21.146 to the extent necessary to manufacture completed engines that do not conform to their approved design solely because of the

installed IC.

Background

P&W is the holder of numerous engine type certifica tes issued by the FAA and other

Nationa l Aviation Authorities (NAA) or their technical agents. Additionally, P&W anticipates

limited to extending a PC outside the U nited S tates

. A similar finding is also required by § 21.325(c) before export airworthiness approvals may be issued for products located outside the United States. In

both situations , bilateral agreements may authorize the execution of technical assistance arran gements

which c ould mitigate a potential undue burden on the FAA. Such agreements are consistent with the standards in Annex 8, chapter 2 adopted by the International Civil Aviation Organization (ICAO).

5 The FAA exempted GE from complying with §§ 21.151 a nd 21.153. Subsequently, part 21 was

amended and the corresponding new section numbers are §§ 21.142 and 21.147, respectively. The new sections contain the same requirements as the old rules with some minor editorial changes.U.S. Department of Transportation Docket Operations January 30, 2012 Page 3

RE: Pratt & Whitney Petition for Exemption from 14 CFR §§ 21.142 and 21.147

that it will be the licensee of certain FAA

- validated type certificates 6 for which Canada is the State of Design.

It has become increasingly common for aircraft manufacturers and air carriers to request delivery of a complete propulsion system including the type

- certificated engine plus other

articles (i.e., the I C 7 ) that have been certificate d under parts 23, 25, 27 or 29, as applicable.
In this case, t he IC for a ffected aircraft engine s include s the nacelle, engine mounts and various piece parts for the engine build unit (EBU)

.

The IC will be manufactured by suppliers to the aircraft TC holder and/ or suppliers to P& W

. In all cases , the aircraft TC holder will be responsible for the design and continued operational safe ty of all installed IC. The quality, manufacturing and installation of the I C

would occur under the authority of P&W’s PC number 2 and the requested exemption

.

Conditions and Limitations

P&W has analyzed the 14 conditions and limitations that were made a part of the GE exemption and agrees to comply with the same . This includes , but is not limited to : (a) t he division of responsibility f or design, quality, manufactur ing, installation and continued

airworthiness of the IC would be clearly defined

, (b ) the application for amending the PLR

would be submitted to P&W’s local M anufacturing I nspection D istrict O ffice (MIDO)

, ( c ) an agreement would be executed between P&W and the aircraft TC holder s authoriz ing P&W’s

use of the TC holders’ IC data, (d) the exemption would be limited to IC installed in the initial engine build (i.e., shipment of spare IC would not be authorized under P&W’s PC ) , ( e )

amendments would be made to P&W’s quality manual and other procedures pertinent to the requested activities, ( f ) the exemption would be limited to those engines listed on P&W’s

PC

, ( g ) coordination would take place betwee n P&W and the responsible FAA certification directorates prior to installing the IC into the engine, ( h ) procedures would be developed for dispositioning IC discrepancies through the aircraft TC holder’s M aterials R eview B oard
system

, ( i ) procedures would be developed for ensuring that the completed engine ( notwithstanding the installed IC) conforms to its approved type design, the IC conforms to its approved type design and is in condition for safe operation, and the completed engine

with the instal led IC is in condition for safe operation

, and ( j ) airworthiness documentation

would reference the exemption and make the required certifications regarding the IC and the engine.

Public Interest and Safety Showing

It is undoubtedly in the public interest for production approval holders to manufacture

aircraft and engines in the safest and most cost

- efficient manner consistent with regulatory

6 See § 21.29, Issue of type c ertificate; import products

7 The IC include individual parts and kits comprising multiple parts.U.S. Department of Transportation Docket Operations January 30, 2012 Page 4

RE: Pratt & Whitney Petition for Exemption from 14 CFR §§ 21.142 and 21.147

requirements and sound public policy

. Similarly, it is in the public intere st for the FAA to

facilitate e xisting commercial arrangements between aircraft and engine manufacturers and their suppliers. To this end, many such contracts require the engine to be delivered as a complete propulsion system. This requires engine manufactu rers to install articles

certificated under the airworthiness s tandards of parts 23, 25, 27 or 29 during the initial engine build (i.e., prior to the engine’s complete assembly, test and identification).

Granting the requested exemption would streamlin e the engine and aircraft manufacturing

process and potentially reduce the need for duplicative certification efforts associated with

some of the other options described in the AIR

- 200 memorandum. More importantly, it

would enhance safety by reducing the risk of engine damage associated with install ing the

IC after the initial engine build and acceptance test was completed

. 8 I t would also facilitate quick engine changes on in

- service aircraft by reducing the complexity of the maintenance

process.

For th ese reasons and in accordance with § 11.81(e) , granting the exemption would be in the public interest and result in a level of safety at least equal to that required by the regulations from which the exemption is sought.

Good Cause Exists to Issue the Exemption without Notice and Comment

P&W requests that the FAA issue the exemption without publication in the Federal Register

for notice and comment as is normally required.

Section 11.87 lists four factors that the agency considers in deciding whether a petitioner has shown good cause for the FAA not to delay action on the petition . Those factors are set

forth below in italics along with the company’s response in plain text :

(a) Whether granting the petition would set a precedent: The FAA has previously issued a similar exemption to GE; therefore, the request would not set a precedent. I t

should also be noted that the GE petition was published for comment in the Federal Register and none were received in response.

(b) Whether the relief requested is identical to exemptions previously granted : The relief is the same as that requested by GE and P&W agrees to comply with the same conditions and limitations imposed on the GE exemption, as amended.

8 P&W has analyzed the potential adverse effects associated with having to partially disassemble the engine to install IC subsequent to the engine build and acceptance test . This includes possible damage to flight safety critical parts; scoring of fatigue sensitive parts; air, fuel and oil leaks and damage to the engine flange. Although processes have been developed to mitigate these adverse effects

, the risks are
eliminated if the IC are installed before completion of the engine build and acceptance test.U.S. Department of Transportation Docket Operations January 30, 2012 Page 5

RE: Pratt & Whitney Petition for Exemption from 14 CFR §§ 21.142 and 21.147

(c) Whether delaying action would adverse ly affect P&W : Delaying action for the full 120 days or longer required for the notice and comment process will make it more

difficult for P& W to make the necessary arrangements to conduct the requested activities. As the FAA is aware, granting the exemption will require the drafting and implementat ion of many new procedures in accordance with the anticipated

conditions and limitations

. Moreove r, if the FAA publishes the petition for comment,

P&W will be forced to expend resources making alternative business arrangements to manage the regulatory uncertainty associated with the delay

.

(d) Whether the petition was filed in a timely manner : The petiti on is timely filed

.

In light of the above considerations P&W submits that good cause exists not to delay action

on this request.

Summary of Exemption Request

In accordance with § 11.81(e), P&W offers the following summary suitable for publication in the Federal Register in the event the FAA believes that good cause to waive publication has

not been established.

The Pratt & Whitney Division of United Technologies Corporation petitions the FAA for an exemption from §§ 21.142 , 21.146 and 21.147 to allow the installation of certain Interface Components (IC) described in aircraft type certificates (TC) held by P&W ’s commercial partners rather than P&W . The exemption would apply to the initial build of engines for which P&W is the TC

holder or licensee of e ngine type design data. The relief sought is identical to that previously provided to GE Aviation pursuant to exemption 1 0 079, as

amended.

Respectfully submitted,

Marshall S. Filler Counsel for the Pratt & Whitney Divisio n of United Technologies Corporation