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 December 20, 2011 and January 17, 2012, Mr. Freddy Pearce, Director of 

Maintenance, Aero Contractors Ltd. (Aero Contractors), 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 Contractors 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-E
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(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 these 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 aircraft 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 digital 
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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 final 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 exemption 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). 
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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