AFS-13-449-E

Exemption No. 10947

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of Regulatory Docket No. FAA-2013-0605

 

AEROMEXICO

 

for an exemption from § 129.117(e)(1) 

of Title 14, Code of 

Federal Rules 

GRANT OF EXEMPTION

 By letter dated June 24, 2013, Mr. Alberto Castro Luna, Director, Maintenance Programs 

Engineering, Aeromexico, Aerovlas de México, S.A. de C.V., Av. Fuerza Aérea Mexicana 

No. 416, Col. Federal, C.P. 15700, Mexico D. F., petitioned the Federal Aviation 

Administration (FAA) on behalf of Aeromexico for an exemption from § 129.117(e)(1) of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

allow an extension of one year for the fifty percent fleet compliance time for installation of 

Flammability Impact Mitigation Means requirement of this section.

The petitioner requests relief from the following regulation[s]:

 Section 129.117(e)(1) prescribes that fifty percent of each foreign air carrier or foreign 

person's fleet identified in paragraph (e)(1) of this section must be modified no later than 

December 26, 2014.

The petitioner supports its request with the following information:

 Aeromexico is requesting relief from the requirement to install a flammability reduction 

means in 50% of its fleet no later than December 26, 2014. The petitioner states that 

additional time to meet this requirement is needed in part because development of the 

Original Equipment Manufacturer (OEM) modification instructions and fabrication and 

availability of required parts took more time then originally anticipated; resulting in an 8 

month delay. In addition, the installation of the Nitrogen Generation System (NGS) requires 

approximately 620 man-hours for the B-737, and 900 man-hours for the B-777 as estimated 

by the Design Approval Holder. The petitioner believes it is inefficient to schedule the 
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modification separate from an airplane's heavy maintenance visit. Optimizing aircraft 

downtime by performing the modification during a maintenance visit still increases aircraft 

downtime and causes production line saturation. 

 Aeromexico states that maintenance planning for 2013 and 2014 already included an 

increase in additional airworthiness requirements, fleet changes (incorporations and lease 

returns) and cabin reconfigurations.

 Additionally, this year its Maintenance, Repair, Operations/Overhaul (MRO) operation is 

relocating, which will impact maintenance capacity, and complicate their ability to meet the 

rule deadline. The petitioner states the requested one year extension of the 50% compliance 

time deadline would help Aeromexico distribute the workload without affecting the 100% 

compliance time deadline. The additional time granted by the exemption will reduce the 

impact on its operations and allow for the performance of all modifications in house, as 

opposed to outsourcing. The petitioner also provided extensive data regarding scheduling of 

airplanes for modification, acquisition of parts, management of the affected fleet, and other 

planning information to demonstrate its ability to meet both the proposed extended 

compliance time for 50% of the affected fleet and the regulatory deadline for compliance for 

100% of the fleet. 

 The petitioner states that granting the exemption would be in the public interest. If not 

granted, it would reduce the availability of aircraft, preventing Aeromexico from providing air 

transportation. Safety will not be adversely affected by granting the one year exemption as 

Aeromexico is constantly renewing its fleet, and the airplanes are maintained to meet all the 

aeronautical authority and manufacturer requirements.

 The FAA published, a summary of the petition in the Federal Register on August 28, 2013,

[78FR 53186]. No comments were received.

The FAA's analysis is as follows:

 The FAA has considered fully the petitioner’s supporting information and has determined 

that the operation of the affected airplanes is appropriate under the terms and conditions of a 

temporary exemption.

 In 2008 the FAA issued a final rule that requires operators and manufacturers of transport 

category airplanes to take steps that, in combination with other required actions, should 

greatly reduce the chances of a catastrophic fuel tank explosion. The final rule established a 

performance-based set of requirements that set acceptable flammability exposure values in 

tanks most prone to explosion or require the installation of an ignition mitigation means in an 

affected fuel tank. Specifically, the rule requires operators of certain transport category 

turbine-powered airplanes to install a flammability reduction means in 50% of the operator’s 

fleet no later than December 26, 2014, and 100% of its fleet no later than December 26, 2017. 
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 The FAA recognizes that the petitioner has made a good faith effort to ensure installation 

of the nitrogen generation system (NGS) in its Boeing 777 and Boeing 737 airplanes to meet 

the requirements for flammability reduction means. However, as Aeromexico notes 

development of modification instructions by the Original Equipment Manufacturer, and 

fabrication and availability of required parts has taken more time than originally anticipated. 

The petitioner notes and the FAA agrees that the manufacturer issued actions for flammability 

reduction means and service bulletins and kits for the NGS were not made available in time to 

enable modification before the December 26, 2014 deadline. The petitioner has included as 

part of its petition evidence provided by the manufacturer of existing service bulletins for its 

Boeing 737 and Boeing 777 airplanes as well as engineering and purchase orders for 

modification kits and tools.

 The petitioner noted and the FAA agrees with Boeing estimates of 620 man-hours to install 

the NGS on its B-737 and 900 man-hours for its B-777 airplanes. We further agree with the 

planned maintenance workload which includes related additional airworthiness requirements, 

fleet changes, cabin reconfiguration changes and planned relocation of the petitioner’s MRO 

operation which further substantiates the need for additional time to make the needed safety 

improvements.

 The FAA finds that an additional year to bring 50% of AeroMexico’s fleet into compliance 

with the flammability reduction means is warranted; however the exemption does not change 

the requirement that 100% of AeroMexico’s fleet of airplanes must be modified no later than 

December 26, 2017.

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, Aeromexico is granted an exemption from 

14 CFR § 129.117(e)(1) for a period of one year. This will allow Aeromexico to meet the 

50% fleet completion requirement, subject to the conditions and limitations listed below.

Conditions and Limitations

1. The petitioner must provide its FAA Principal Inspectors, in a format acceptable to 

the Administrator, a compliance report not less than once every three months (or 

“quarterly”). The reporting will start no later than 30 days after the date of this 

exemption, and continue through the final December 2017 compliance time deadline 

or when full compliance is achieved, whichever comes first;

2. The petitioner must include in each report the number of aircraft completed since the 

last report, the status of all orders and contracts for all parts, DAH provided parts 

kits, other required supplies, the availability of facilities and qualified labor

(including contractors); and,

3. Within 30 days after the grant of this exemption, the petitioner must provide an 

updated plan or schedule demonstrating progress in meeting not only this extension, 

but also the final December 2017 compliance time deadline. The petitioner must 
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continue to provide an updated plan on a quarterly basis until full compliance is 

achieved.

4. The deadline for 50% fleet compliance established by § 129.117(e)(1) is hereby 

extended to December 26, 2015.

5. This exemption will not affect the 100% fleet compliance time requirement of 

§ 129.117(e)(2).

6. Aeromexico may operate outside the U.S. under this exemption unless otherwise 

prohibited by a foreign civil aviation authority

This exemption terminates on December 26, 2015, unless sooner superseded or rescinded.

Issued in Washington, DC, on February 28, 2014

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service .