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

Maintenance, Aero Contractors Ltd. (Aero Contractors), 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 continued 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 for 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-E
2

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 Standards 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 exemption 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