Exemption No. 10444

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-2012-0030

for an exemption from § 125.226(e) and (f) 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, N.C. 27577 petitioned the Federal Aviation Administration (FAA) for an exemption from § 125.226(e) and (f) of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow Aero Contractors the con tinued operations of four CASA 235-300 series airplanes for 24 months from the date of this letter without complying with 14 CFR § 125.226(e) or (f), as applicable.

The petitioner requests relief from the following regulation:

Aero Contractors is requesting an exemption fo r the requirements for recording certain flight data recorder (FDR) parameters listed in § 125.226(e) and 125.226(f).

Section 125.226(e) prescribes that for all turbine-engine-powered transport category airplanes that are manufactured after August 18, 2000—

(1) The parameters listed in paragraph (a) (1) through (57) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E of this part.

(2) Commensurate with the capacity of the recording system, all additional parameters for which information sources are installed and which are connected to the recording system,

AFS-12-161-E2

must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix E of this part.

Section 125.226(f) prescribes that for all turbine-engine-powered transport category airplanes manufactured after August 19, 2002—

(1) The parameters listed in paragraphs (a)(1) through (a)(88) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E to this part.

The petitioner supports its request with the following information:

Aero Contractors is requesting this exemption because its four CN-235 aircraft were manufactured without the FDR system required by these regulations. These aircraft have been operated under a deviation issued under 14 CFR § 125.3. The FDR systems on these

aircraft were certificated to the JAA/EASA regulations, but those requirements are not identical to § 125.226(f). Since these aircraft had been type certificated without the necessary system and subsequently operated under a deviation, the aircraft manufacturer did not certify a FDR system for these aircraft that meets 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 airplanes into compliance, but found there was no existing supplemental type certificate to retrofit its CN-235s that would meet the requirements of § 125.226.

In September 2011, the petitioner, seeking an alternative means of compliance, installed a data image recorder system on one of the subject aircraft rather than upgrade its existing FDR system. Since the installation, Aero Contractors continues to review the image recorder system data, augmented by the existing FDR system, which is being supported and evaluated by FAA Aircraft Certification and Flight Standa rds Services. The petitioner states that it is working with the equipment manufacturer to make the equipment design and installation changes necessary to bring its CN-235 aircraft into compliance. However, the final modifications and approvals will not be finished before its deviation expires. All of the subject aircraft have a certified and approved cockpit voice recorder and an existing digital FDR that is able to provide some 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 that when fully operational, the FDR system, augmented by the image recorder, will provide an equivalent level of safety with the requirements of § 125.226 that use a traditional FDR system. Thus, Aero Contractors concludes that granting this exemption will not adversely affect safety.3

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 FDR system regulations and is a viable alternative to the traditional equipment upgrade that would be required for its CN-235 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(e) and 125.226(f), as applicable. The operator must also submit a plan to evaluate the equivalency of the image data to the FDR requirements in part 125 Appendix E 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.

This exemption applies only to: the recordation by the CN-235 model airplane with serial number C-135 for the parameters required by 14 CFR § 125.226(e) and listed in § 125.226(a)(24), (25), (29), (30), (31), (33), (36), (45), (46), (55), and (56); and the recordation by the CN-235 model airplane with serial numbers C-139, C-143, and C-145 for the parameters required by 14 CFR § 125.226(f) and listed in § 125.226(a)(24), (25), (29), (30), (31), (33), (36), (45), (46), (55), (56), (60), (74), (75), (77), (78), (82), (83), (84), and (85) by airplanes with serial numbers C-139, C-143, and C-145.

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(e) and (f), as applicable, to the extent necessary to allow Aero Contractors, Ltd. to operate the four subject airplanes until they are 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 airplanes:

Make Model Serial No.

CASA CN-235-300 C-135

CASA CN-235-300 C-139

CASA CN-235-300 C-143

CASA CN-235-300 C-145

2. This exemption applies only to the recordation of the parameters required by:4

a. 14 CFR § 125.226(e) and listed in § 125.226(a)(24) , (25), (29), (30), (31), (33), (36), (45), (46), (55), (56), by airplane with serial number C-135, and

b. 14 CFR § 125.226(f) and listed in § 125.226(a)(24) , (25), (29), (30), (31), (33), (36), (45), (46), (55), (56), (60), (74), (75), (77), (78), (82), (83), (84), and (85) by airplanes with serial numbers C-139, C-143, and C-145.

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(e) and 125.226(f), as applicable. 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(e) or 125.226(f), as applicable.

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(e) or 125.226(f), as applicable.

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 E 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 Director, Flight Standards Service