Exemption No. 10443

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

AERO CONTRACTORS, LTD. Regulatory Docket No. FAA-2012-0031

for an exemption from § 125.226(b)(1) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letters dated Decem ber 20, 2011 and January 17, 2012, Mr. Freddy Pearce, Director of Maintenance, Aero Contractors Ltd. (Aero C ontractors), 3463 Swift Creek Road, Smithfield, North Carolina 27577, petitioned the Federal Aviation Administration (FAA) for an exemption from § 125.226(b)(1) of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow Aero Contr actors the continued operations of one DC-3 series airplanes for 24 months from the date of this letter without complying with 14 CFR § 125.226(b)(1).

The petitioner requests relief from the following regulation:

Aero Contractors is requesting an exemption for the requirements for recording certain flight data recorder (FDR) parameters listed in § 125.226(b)(1).

Section 125.226(b)(1) prescribes, that for all turbine-engine powered transport category airplanes manufactured on or before October 11, 1991, by August 20, 2001, not equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(18) of this section must be recorded within the ranges and accuracies specified in Appendix D of this part, and—

(i) For airplanes with more than two engines, the parameter described in paragraph (a)(18) is not required unless sufficient capacity is available on the existing recorder to record that

parameter.

AFS-12-162-E2

(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.

The petitioner supports its request with the following information:

Aero Contractors is requesting this exemption because its one DC-3 aircraft was manufactured without the flight recorder system required by these regulations. This aircraft has been operated under a deviation issued under 14 CFR § 125.3. Since the aircraft had been type certificated without the system and subsequently operated under a deviation, the aircraft manufacturer did not certify a FDR system for thes e aircraft that would meet the requirements of 14 CFR § 125.226.

In 2008, the FAA adopted a rule that eliminated the use of deviations from the FDR requirements of part 125 (73 FR 73171, December 2, 2008); that rule is effective February 2, 2012. Following the rule change, Aero Contractors began investigating systems that could be retrofit to bring the airplane into compliance, but found there was no existing supplemental type certificate to retrofit its DC-3 that would meet the requirements of § 125.226.

On September 15, 2011, the petitioner, seeking an alternative means of compliance, installed a data image recorder system on the subject aircraft rather than a traditional flight recorder system. Since the installation, Aero Contractors continues to review the image recorder system data, which is being supported and evaluated by the FAA’s Aircraft Certification and Flight Standards Services. The petitioner states that it is working with the equipment manufacturer to make its DC-3 equipment design and installation changes necessary to bring the system into compliance. However, the final modifications and approvals will not be finished before its deviation expires. The ai rcraft has a certified and approved cockpit voice recorder. In addition, the installed image recording equipment, which records images of the instrument panel and controls, is able to provide data to accident or incident investigators.

The petitioner states that the image recorder system is designed to collect and record flight data information relevant to accidents and incidents, satisfying the investigative needs of the FAA and other authorities. The petitioner notes the aircraft’s inability to record certain parameters does not reduce the operational functionality of the aircraft during the period that the exemption will be in effect. The petitioner adds that they expect the fully operational image recorder system installed in the aircraft to have an equivalent level of safety to any other aircraft operating under part 125 using a traditional FDR system. Thus, Aero Contractors argues that granting this exemption will not adversely affect safety.

The FAA’s analysis is as follows:

The FAA supports the development of alternative recording technology that meets the needs of accident investigators. During the 24 months requested, Aero Contractors proposes to demonstrate that its installed image recorder system meets the intent of the part 125 digital3

FDR system regulations and is a viable alternative to the traditional equipment that would be required for its DC-3 aircraft.

Aero Contractors must demonstrate a good faith effort in support of regulatory compliance. The FAA requires that the operator closely coordinate with its Principal Avionics Inspector (PAI) and provide a schedule for modification of the installed image recorder system used to collect the parameters of flight data required by 14 CFR § 125.226(b)(1). The operator must also submit a plan to evaluate the equivalency of the image data to the FDR requirements in part 125 Appendix D within one month of the fina l modification of the aircraft, not to exceed 12 months from the date this exemption is granted. The PAI may coordinate any documents presented pursuant to this exemption with the Flight Standards Services Avionics Maintenance Branch at FAA headquarters.

The FAA is granting the requested 24 month temporary exemption which applies only to the recordation of the parameters required by 14 CFR § 125.226(b)(1) and listed in § 125.226(a)(1) through (18) by airplane with serial number 25509.

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. §§ 40113 and 44701, delegated to me by the Administrator, Aero Contractors is granted an exemption from

14 CFR § 125.226(b)(1), as applicable, to the extent necessary to allow Aero Contractors, Ltd. to operate the subject airplane until it is retrofitted and evaluated to meet the requirements of that section, subject to the conditions and limitations listed below.

Conditions and Limitations:

1. This exem ption applies only to the following airplane:

Make Model Serial No. Douglas DC-3 25509

2. This exemption applies only to the recordation of the parameters required by 14 CFR § 125.226(b)(1) and listed in § 125.226(a)(1) through (18), by airplane with

serial number 25509.

3. Beginning March 4, 2012, Aero Contractors must submit to its PAI a monthly status report outlining its progress with the image recorder manufacturer in developing the modifications necessary to demonstrate compliance with 14 CFR § 125.226(b)(1). If the operator is unable to procure the equipment required to modify the installed image recorder system within 9 months of the date this exemption is granted, it must submit as its next monthly report a firm plan for bringing the aircraft into compliance with § 125.226(b)(1).4

4. Within one month of procuring the equipment required for the modifications required by item No. 3, the operator must submit to its PAI a firm schedule for accomplishing the final modifications of the image recorder system used to collect the parameters of flight data required by 14 CFR § 125.226(b)(1).

5. Within one month of accomplishing the final modifications of the image recorder system, the operator must submit to its PAI a firm schedule to evaluate the equivalency of the image data to the FDR requirements in part 125 Appendix D before the termination date of this exemption.

6. No airplanes may be added to the list of affected airplanes listed in item No. 1, regardless of the date of acquisition.

This exemption terminates on February 4, 2014, unless sooner superseded or rescinded.

Issued in Washington, DC, on February 3, 2012.

/s/

John M. Allen Acting Director, Flight Standards Service