AFS

- 14

- 401

- E Exemption No. 11052

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

JET SOLUTIONS
, L

. L

. C

. Regulatory Docket No. FAA

- 2014

- 0542

for an exemption from § 135.152 of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated July 31, 2014, Mr. Christopher Page, Vice President, General Manager, and Director of Maintenance, Jet Solutions, LLC . (Jet S o lutions) , 3400 Waterview Parkway Suite 102, Richardson, TX

, 75080 peti tioned the Federal Aviation Administration (FAA) for 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

seven of the petitioner ’s Bombardier Challenger CL

- 600 2B16 aircraft to continue to operate without complying with the required flight recorder data sampling rates of § 135.152, Appendix F. While the petition requests relief from Appendix F requirements, relief is actually requ ired from § 135.152 , which requires compliance with Appendix F. The FAA has considered the petition as requesting relief from § 135.152 requirements. On September 4, 2014, the petitioner filed additional information regarding why it would be in the public interest for the FAA to grant its requested exemption.

The petiti oner requests relief from the following regulations:

Section 135.152 prescribes, in pertinent part, that except as provided in paragraph (k) of that section, no person may operate under par t 135 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 Uni ted 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 that2

use a digital method of recording and storing data and a method of readily retrieving that data from the storage medium.

All of the ai rplanes identified subject of this exemption were manufactured after August 18, 2000, making the airplanes subject specifically to §135.152(i)(1), or after August 19, 2002, making those airpl anes subject to §135. 152(j).

Section 135.152(i)(1) prescribes, in pertinent part, that, for all turbine

- engine powered airplanes with a seating configuration, excluding any required crewmember seat, of 10 to 30 passenger seats, manufactured after August 18, 2000, the paramete rs listed in paragraphs (h)(1) through (h)(57) of the section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix F to part 135.

Section 135.152(j) prescribes, in pertinent part, that for all turbine

- engine powered airplanes with a seating configuration, excluding any required crewmember seat, of 10 to 30 passenger seats, manufactured after August 19, 2002 the parameters listed in paragraph (a)(1) through (a)(88) of the section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix F to part 135.

Appendix F to p art 135 prescribes that the recorded values must meet the designated range, resolution and accuracy requirements provided in the Appendix duri ng static and dynamic conditions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum rate of reversal. All data recorded must be correlated in time to within one second. Parameter 5, Normal A cceleration (Vertical) requires a sampling interval of 0.0125, or 8 times per second.

The petitioner supports its request with the following information:

The petitioner states that the manufacturer of the subject airplanes , Bombardier Aerospace (Bombardie r), notified Jet Solutions of an internal review of the Digital Fl ight Data R ecorder (DFDR) system installed on its aircraft that revealed a non compliance with a single sampling rate. Specifically, Bombardier found that although the normal acceleration s ampling rate is recorded by the Digital Flight Data Recorder (D FDR ) at the required rate of 0.125 seconds (8 times per second), the source data are only provided at a rate of 0.2 seconds per sampling

interval (5 times per second). The petitioner states t he data can be “effectively” correlated to match the sampling requirement without compromising the information recorded and that it is the only parameter found to be affected. Jet Solutions states that since correlation without substantive degradation in t he information is possible, a grant of exemption until the equipment can be modified or replaced will not affect the safe operation of the aircraft or hinder potential investigations requiring the DFDR data.

Jet Solutions states that Bombardier has commit ted to developing an in

- service solution involving redesign of the Data Concentrator Unit by September, 2015. The petitioner was also told by Bombardier that a fleet retrofit would occur “within two years of the grant of the3

exemption” i but the petitioner does not request a specific period of exemption. Jet Solutions also indicates that many of its affected aircraft operate outside the United States for extended periods, and requests the exemption apply to its operations outside the United States.

The pet itioner states that “ safety would not be jeopardized ” by a grant of this exemption, since

the DFDR is used solely as a recording device in accidents and incidents and the affected parameter will continue to pro vide useful data.

In its additional informati on
, the petitioner state s that the DFDR problems described in its petition were found by Bombardier, and are a systems design problem that operators of the

aircraft have no effective means to address other than to wait for a resolution from the aircraft

an d equipment manufacturers. The petitioner further state s that g ranting this exe mption would be in the public interest because it would allow Part 135 operators to continue to provide the unique services that support its U

. S

. public and b usiness customers while the

manufacturer s develop and certif y the fix, and the affected CL604 operators may incorporate the modifications necessary to bring these aircraft into compliance.

The petitioner requested that the requirements for Federal Register publication of a summary of its petition be waived because of “immediate and future impact” on its operations. The petitioner also requests a “waiver of the 120 day filing requirement.”

The FAA's analysis is as follows:

The FAA has determined that good cause exists fo r waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and delay in acting on this petition could be det rimental to Jet Solutions.

The FAA recognizes that operators of affected Bombardier a ircraft, including Jet Solutions, would have some difficulty in discovering the noncompliant condition on their own, as the Normal Acceleration (Vertical) parameter records at the correct rate. The FAA is also aware that the aircraft and equipment manufac turers have yet to provide modified equipment or other means for the operators to comply.

The FAA finds that good cause exists to allow time for the airplane manufacturer to complete development of a modification to retrofit the subject aircraft with a re designed data

concentrator unit (DCU) capable of providing the normal acceleration parameter information to the DFDR system t o meet Appendix F requirem ents , and for the operators to modify their aircraft accordingly

. The FAA does not agree with any assert ion 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

.4

The FAA finds that since the problem identified in this petit ion 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 f or in any necessary analysis

, it is in the public interest to allow co ntinued operation of a limited number of airplanes until the modifications can be incorporated

.

This grant of exemption is subject to the c onditions and l imitations below, and applies only to

the aircraft listed therein. The incorporation of the redesign ed DCU and any related DFDR
system modifications necessary to ensure compliance with the flight recorder data sampling rate regulations of 14 CFR Part 135 must be completed as soon as possible, and no later than 24 months from the date of this exemption.

The FAA has analyzed 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 t he subject

air planes 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 air planes outside of the United States in under the conditions and limitations listed in this exemption.

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. §§ 106(f), 40113 and 44701 delegated to me by the Administrator, Jet Solutions is granted 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 Jet Solution s aircraft operated in 14 CFR

p art 135 service:

N327FX

N332FX

N334FX

N335FX

N336FX

N337FX

N338FX5

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 r ate 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.

3. Jet Solution s 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 b ulletin issued no later than September 30, 201 5 ; b. Jet S olutions ’ 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 Decemb er 1, 2015, Jet Solutions must provide monthly status reports

to its oversight office outlining the completion of the aircraft modification s necessary to bring its aircraft into compliance with the requirements of Section

135.152.

4. N oncompliance with the te rms of these conditions and limitations terminate s this exemption without further action by the FAA.

5. Use of this exemption is limited to Jet Solutions, L

. L

. C

. while the subject aircraft remain on its Part 135 operations specifications. Th is exemption may not be transfer red to any subsequent operator of an affected airplane

. Su bsequent operator s of any of the affected airplanes must apply for and be granted an exemption in writing before such airplane may be operated.

6. A copy of this exemption must be reta ined with the operator's DFDR correlation documentation as specified in the applicable provisions of 14 CFR Section 135.152 until

each airplane identified in this exemption has been modified

. 7. In the event of an accident or incident after which the DFDR da ta 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

. 8. This exemption may be u sed for operations ou tside the United States.

This exemption terminates on the sooner of the completion of the modification c orrecting the deficiency described herein , or on September 30, 2016, unless sooner superseded

, rescinded or terminated by action of Jet Solutions, L.L.C.

Issued in Washington, DC, on September 11, 2014

.

/s/

John S. Duncan Director, Flight Standards Service

__________________________________________________________________________ 1 1 The FAA notes that this characterization presumes that the request will be granted, and implies that efforts

toward resolution wil l not begin until the exemption is granted.6