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u.s. Department of Transportation Federal Aviation Administration

November 29, 2010 Mr. Michael Williams President Jetaire Aerospace and Technology 1170 Peachtree Street Suite 1200 Atlanta, GA 30309
Dear Mr. Williams: Transport Airplane Directorate Aircraft Certification Service

1601 Lind Avenue, S_W_ Renton, Washington 98057-3356

This letter is to inform you that we are unable to process your request foran exemption from §25.981 ofTitle 14,Code ofFederal Regulations (14 CFR). We entered your exemption request on behalf ofJelaire Aerospace and Teclmology into the public docket (No. FAA2010-0887) on August 26, 2010. However, the information you sent doesn't comply with the requirements of 14CFR 11.81 so we are unable toprocess your request any further. For us to consider your request, you must send us all ofthe following:

• § II.8Iee) requires "The reasons why granting the exemption would not adversely affect safety, orhow the exemption would provide alevel ofsafety at least equal to that provided bythe rule from which you seek the exemption;"
You do not provide data showing why the installation offoam, which is installed under §25.981(c), Amendment 25-125, alone provides a level of safety at least equal to the installation offoam plus full orpartial compliance to §25.981(a) and (b), Amendment 25- 102. The petition does not speak to the requirements ofthe airworthiness directives (ADs) that apply to the installation ofthe auxiliary fucl tanks covered byyour projects. Those ADs require correcting the Special Federal Aviation Regulation No. 88 (SFAR 88) unsafe conditions in order to reactivate the fuel tanks. The letter does not speak to 14CFR part 39, Ainvorthiness Directives; the ADs; or SFAR 88policy and requirements.

• § 11.81(0 requires "A summary we can publish in the Federal Register, stating: (1) The rule from which you seek the exemption~ and (2) Abrief description ofthe nature ofthe exemption you seek;" You did not include specific text identified for publishing.2

• § 11.8l(b) requires "The specific section or sections of 14eFR from which you seek an exemption;" and

• § 1].Slee) requires "The extent ofrelief you seek, and the reason you seek the relief;"

We need YOll to clarify to which specific section of 14CFR you are requesting relief. Sections that could beaffected include §§ 25.901 and 25.981(a)(1), (a)(2), (a)(3), and (b) atAmendment 25-102.
You did not reference any specific projects to which the exemption would apply. We arc aware oftwo projects Jetaire has underway forauxiliary fuel tank modifications at the FAA Atlanta Aircraft Certification Office. However, youhave not indicated that your petition for exemption would specifically apply tothese projects.
It's important to note that forthose auxiliary fuel tanks you intend to modify, the auxiliary fuel tank manufacturer conducted the fuel system reviews which identified unsafe conditions for which they have not provided corrective actions. We issued the ADs toprevent the potential ofignition sources inside fuel tanks, which, incombination with flammable fuel vapors, could result infuel tank explosions and consequent loss ofthe airplane. SFAR 88 requires that all necessary design changes comply with §§ 25.901 and 25.981(a) and (b) at Amendment 25-102. Since these ADs are related to SFAR 88, you would berequired to perform an SFAR 88 safety assessment as part ofyour method ofcompliance to SFAR 88 ignition prevention requirements and as part ofan alternative method ofcompliance to the SFAR 88 ADs unless you petitioned for and received anexemption to §§ 25.901 and 25.981(a) and (b), Amendment 25-102 rather than §25.98 I(a)(3) alone. Guidance on performing the safety assessment islocated inAdvisory Circular 25.981-IC, Fuel Tank Ignition Source Prevenlion Guidelines.
Your letter and petition include various descriptions ofthe request which conflict with each other. The first sentence ofthe petition requests anexemption to certain requirements of § 25.981(a)(3). Later inthe firstparagraph you state that with the exemption the use offoam would be all that isrequired to comply with all the requirements of § 25.981 (e.g., an exemption from § 25.981(a)(I), (a)(2), (a)(3), and (b) at Amendment 25-102). Then the petition again refers to anexemption from only §25.981(a)(3).

• § 11.81(h) requires "IfYOll want to exercise the privileges ofyour exemption outside the United States, the reason why you need to do so." The FAA SFAR 88 mandatory action decision criteria ("unsafe condition") policy memo was harmonized with many-regulatory authorities outside the United States. Use offoam only would be contrary to policy inthat memo and therefore may beviewed by other authorities as not meeting their corresponding standards during aircraft import.3

What You Should Do Ifyou want us toprocess yourrequest any further, you must send the information described earlier so we receive itwithin 30 days from the date on this letter. We will consider the docket on your request open until we receive this required infomlation from you; however we will not be able to work on this project.
IfWe Don't Hear From You If

### we don't receive the information we need within 30days 

### from the date on this letter this project 

### will be closed. We can fe-open this project atalater date. IFyou have any questions orrequire additional time, you may contact Michael Collins at (425) 227-2689; c-mail MichacLCollins@faa.gov. Sincerely, 

# OO/~

Victor Wicklund Manager, Propulsion/Mechanical Systems Transport Airplane Directorate