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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 for an exemption from

§ 25.981 of Title 14, Code of Federal Regulations (14 CFR). We entered your exemption

request on behalf of Jelaire 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 14 CFR 11.81 so we are unable to process your request any further. For us to

consider your request, you must send us all of the following:

• § II.8Iee) requires "The reasons why granting the exemption would not adversely

affect safety, or how the exemption would provide a level of safety at least equal to

that provided by the rule from which you seek the exemption;"

You do not provide data showing why the installation of foam, which is installed under

§ 25.981(c), Amendment 25-125, alone provides a level of safety at least equal to the

installation of foam plus full or partial compliance to § 25.981(a) and (b), Amendment 25-

102. The petition does not speak to the requirements of the airworthiness directives (ADs)

that apply to the installation of the auxiliary fucl tanks covered by your 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 14 CFR part 39,

Ainvorthiness Directives; the ADs; or SFAR 88 policy 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) A brief description of the nature of the exemption you seek;"

You did not include specific text identified for publishing.
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• § 11.8l(b) requires "The specific section or sections of 14 eFR from which you seek

an exemption;" and

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

We need YOll to clarify to which specific section of 14 CFR you are requesting

relief. Sections that could be affected include §§ 25.901 and 25.981(a)(1),

(a)(2), (a)(3), and (b) at Amendment 25-102.

You did not reference any specific projects to which the exemption would apply. We arc

aware of two projects Jetaire has underway for auxiliary fuel tank modifications at the FAA

Atlanta Aircraft Certification Office. However, you have not indicated that your petition for

exemption would specifically apply to these projects.

It's important to note that for those 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 to prevent the

potential of ignition sources inside fuel tanks, which, in combination with flammable fuel

vapors, could result in fuel tank explosions and consequent loss of the 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 be required to

perform an SFAR 88 safety assessment as part of your method of compliance to SFAR 88

ignition prevention requirements and as part of an alternative method of compliance to the

SFAR 88 ADs unless you petitioned for and received an exemption 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 is located in Advisory Circular 25.981-IC, Fuel Tank

Ignition Source Prevenlion Guidelines.

Your letter and petition include various descriptions of the request which conflict with each

other. The first sentence of the petition requests an exemption to certain requirements of

§ 25.981(a)(3). Later in the first paragraph you state that with the exemption the use of foam

would be all that is required 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 an exemption from only § 25.981(a)(3).

• § 11.81(h) requires "IfYOll want to exercise the privileges of your 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 of foam only would be contrary to policy in that memo and

therefore may be viewed by other authorities as not meeting their

corresponding standards during aircraft import.
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What You Should Do

If you want us to process your request any further, you must send the information described

earlier so we receive it within 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.

If We Don't Hear From You

If we don't receive the information we need within 30 days from the date on this letter this

project will be closed. We can fe-open this project at a later date. IFyou have any questions

or require 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