www.airspeed.us.com

May 28, 2010

Mr. Franklin Tlagsing, Manager

FAA Airframe & Cabin Safety Branch

Transport Aircraft Directorate

1601 Lind Ave SW

Renton, WA 98057-3356

Dear Mr. T1agsing,

This letter is in response to your letter dated April 20, 2010 in reference to The leading Edge Group,

lLC's (LEG), petition for exemption regarding auxiliary fuel system installations in various airplanes. A list

of requested exemptions is attached in Addendum A of this letter. The list is reformatted per instructions

in your letter to consolidate several 5TC and aircraft types. lEG/AirSpeed has Petitioned FAA for relief by

Exemption from 14 CFR Part 26, section §26.47(c) and (e)(2), and §26.49 for the STCs presented in

Addendum A. All of these aircraft are private executive or head of state (HOS) of state aircraft with an

executive interior configuration.

Please find attachments to include ADDENDUM A conceming your request to clarify a matrix of SICs and

airframe Serial Numbers (SNs) outfitted with an auxiliary fuel system (AFS) design and SIC installation

formerly held by PATS Aircraft, LLC. of Georgetown, Delaware.

Regarding the MSFR, 14 CFR §121.109 and §129.109 states that, after December 20,2010, a certificate

holder operating under Parts 121 and 129, respectively, may not operate an airplane unless:

n ••• the certificate holder's maintenance program for the airplane indudes FAA-approved damage tolerance

inspections (on) and procedures for airplane structure susceptibje to fatigue cracking that could contribute to

catastrophic failure and a means for addressing the adverse repairs, alterations, and modifications may have on

fatigue critical structure and on damage tolerance inspections."

Herein, we address your questions from the April 20, 2010, with responses in accordance with 14 CFR

§11.81 to include ADDENDUM B as a summary, to be placed in the Public Register. If you require further

clarification or, ifthere is an error in LEG/ASE records regarding the SNs impacted in ADDENDUM A,

please contact ASE for additional coordination.

1. Reasons Why granting your request would be in the public interest.

Application of the Aging Aircraft Safety Final Rule (MSFR) is required of auxiliary fuel system equipped

aircraft operating in 14 CFR 121 and 129 (or EASA) commercial flight operations. LEG/AirSpeed observes

three (3) discussion points of public interest:

1. All aircraft are privately owned with executive interior which would require extensive

modification to use in commercial flight operations. The auxiliary fuel system installations

consist of multiple auxiliary fuel tanks installed in the cargo compartments which does not

allow for cargo space and capacity required for commerdal operations. In order to convert
Bhonsale to Tiagsing

FAR 26 Compliance

May 28,2010

AirSpeed Engineering, LLC

any of the aircraft with auxiliary fuel system in to a commercial aircraft will require removal of the

auxiliary fuel system and reconfigure the cargo compartments to be able to carry cargo. This

would require a major modification to the aircraft configuration and require recertification of the

aircraft. The AASFR requirements can be addressed at the time of such a modification on a case

by case basis. An exemption with a contingency plan for compliance to FAR 26.47 and 49 would

be in public interest since it would avoid undue burden to the public and would be more cost

effective.

for an example, LEG/AirSpeed is currently developing a B737- 300 Tanks-OUT de-modification with SN

27924 returning from VIP to EASA commercial service. ASE previously had listed this STC in a matrix for

Exemption, given the interior configuration. ASE's active OlE/on contingency plannina is underway with

NYACO, as the PATS tank is removed and, this airframe converts from VIP to "sports charter" LOPA.

OTHERWISE

Engineering data submitted by the Design Approval Holder (DAH) expends FAA time and engineering

resources that would not be required (nor requested) by an Operator. Given aitframe age, DTE / DTI

has limited value for other foreign or US Government applications. FAA engineering time budgeted for

engineering (NRE) reviews is an unnecessary taxpayer expense affixed to FAA's budget. LEG/ASE

condudes FM resources expended under these circumstances would not be in the public's best interest.

2. Reasons Why granting this 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.

Air safety would not be adversely impacted given the "case-by-case" contingency planning for MSFR

compliance active by the STC holder, as described in Question #1. If a given airframe does not re-enter

US commercial service, the impact on safety is moot and the specific level of safety realized is acceptable.

The qualification of AASFR responsibilities also has relevant economic barriers. To re-enter commercial

service for example, an aging aircraft converted to a VIP configuration and returning to FAR 121 or 129

charter service has limited competitive business opportunities based on engine I airframe efficiencies.

1. STCs held by LEG/AirSpeed are installed on relatively ineffident airframes when compared to 8737-700 &

800 (BBJ designs) presently-offered as charter-lift in a competitive VIP commercial market. Compelling

business opportunities are Ilmited and risky for VIP charter flying with an aging airframe in FAR 121 or 129.

2. Converting an aging aircraft: back to ~hj-denslty~ or ftsports charter" LOPA becomes an excessive cost that

cnn be mltigared by purchaSing a newer more fuel efficient aircraft. Many SNs are readily available and

presently-configured for commerdal applications. In tt1is case, the business opportunities further decrease

given increased modification costs and amortization of efficiendes over the lifetime of the airframe changes.

3. In "high-utilization" LOPA service, operating a 8727 or ineffiCient 8737 is cost-prohibitive in today's highly

competitive airline marketplace. Further, baggage space requirements for hi-density seating would require the

AFS to be removed and FAR 26 NRE can be developed at that time, if at all cost-effective. The abundance of

commercial airframes, currently configured for variouS passenger LOPAs, can be acquired as better values.

3425C.:mi/onPoint Kirkbn4 WJshmgton 98033 Main (425) 5"/6--4050 2
Bhonsale to TIagsing

FAR 26 Compliance

May 28, 2010

AirSpeed Engineering, lLC.

ASE's Contingency Planning for DTE/DTI allows a given SN to be properly inspected and modifications

documented that may have become changes or overlays to the original PATS design. FAA states a plan

for, \\ ... fatigue cracking that could contribute to catastrophic failure and a means for addressing the

adverse repairs, alterations, and modifications," are best reviewed by SN survey. All modifications can be

integrated with D1£/DTI safety planning under the AASFR, given proper airframe access and disclosure.

3. Provide a brief description of the nature of the Exemption.

To summarize the Exemption proposal, The Leading Edge Group, LLC dba AirSpeed Engineering, has

submitted a Petition for Exemption (PIE) by matrix to FAA under 14 CFR §11.38 in relief of Sections

§26.47(c) and (e)(2), and §26.49 for the attached ADDENDUM A STC groupings of aging aircraft SNs.

FAA relief from Sections §26.47(c) and (e)(2), and §26.49 on the attached ADDENDUM A STC groupings

of aging aircraft SNs, is requested for US and foreign registries. Even though a given foreign entity may

not request or use NRE developed for the AA5FR, the case-by--case NRE solutions for 01£ I on are

offered to LEGlpats AFS installations by SN, irrespective of the airframe's state of registry.

ASE & FAA amtingency plans, economic barriers to re-enter commercial service, efficient use of FAA

resources and restricted airframe access to sUivey, lead the compelling factors for the Exemption request

and the attached ADDENDUM A Matrix (and ADDENDUM B Summary).

Any Questions or concems in this matter can be addressed to Shekhar Bhonsale at (443) 4744245 or via

email shekharb@cae~i.com.

Sincerely, ~

a/JJ~tnllvA2"

Shekhar Bhonsale

Management / Structures DER

AirSpeed ®

3425 C:Jf-;//orlPoint Kkk/ani Washington 98033 Main (425) 576-4030 3
/~LI-SU~~ri,

E

www.airspeed.us.com

ADDENDUM A

AASFR FAR 26 Compliance

ASE lOO528-A

Aircraft Type FAA Docket No.

Date STC No.

Aircraft 5TC

Submitted 5/N Configuration

737-200 FAA-2010-0349 3/25/2010 $AIQ78NE 22600 Single

737-200 FAA-2010-0421 4/14/2010 SA1265NE 21206 Single

18326 1

727-100

FAA-2010-0344 3/25/2010 18800 1

727-200

5A387NE

22044 1

727-200 FAA-201Q-0345 3/22/2010 22043 1

727-100 FAA-201Q-0422 4/14/2010 5A392NE 20489 3

FAA-201Q-0334 3/25/2010 5A450NE 21946 1

21113 4

20641

5

21068

21474 9

21595 7

727-200

FAA-2010-Q337 3/25/2010 $A496NE 21824 2

21948 1

22359 3

22430 6

22536 8

22537 8

18323 1

3/25/2010

18752 1

727-100 FAA-2010-0338 5A530NE

18933 3

19252 1

FAA·2010-0419 4/14/2010 $A542NE 27924 Single

PART 26 26293 7

737-300 compliance. 26301 7

Certification TBO 5A553NE

28658 7

PlanTBD 28660 7

IB990 1

19148 1

19620 1

19261 1

727-100 FAA-2010-0330 3/25/2010 5A62NE 19262 1

19318 2

I

19394 1

19535 1

20046 1
ADDENDUM A

www.airspeed.us.com

AA$FR FAR26 Compliance

ASE 100528-A

Aircraft Type FAA Docket No. Date STC No.

Aircraft ST(

Submitted SIN Configuration

737-400 FAA-2010-0332 3/25/2010 SA725NE 27096 4

737-200 FAA-20 10-0420 4/14/2010

22431 Single

SA83NE

22628 Single

727-200 FAA-2010-0341 3/25/2010 SA84NE 21460 Single

0(-8-62 FAA-2010-0309 3/25/2010 5A936NE 46071 Single

737-500 FAA-2010-0351 3/25/2010 ST0040NY 24970 1

19254 1

727-100 FAA·2010-o352 3/25/2010 5T00466NY

20327 3

47428

(-9/D(-9 FAA-201 0-0335 3/25/2010

47496

5T00605NY Single

47545

47565

B737-500 FAA·2010-D331 3/25/2010 ST01337NY-D 28866 2

3425 On/Ion Point Kirk/~nd Y\~shington 98033 Mil} (425) ~76-4050
www.airspeed.us.com

May 28, 2010

Re: Submittal to Federal Register

Petition for Exemption, Aging Aircraft Safety Anal Rule (AASFR)

STC & airframe SN matrix contained in Addendum A.

ADDENDUM B

AASFR FAR 26 CDmpliance

ASE 100528-8

The Leading Edge Group, LlC dba AirSpeed Engineering, submits to FAA's Transp)rt Aircraft

Directorate this Petition for Exemption (PIE) under 14 CFR §11.38 for relief from the Code of

Federal Regulations (CFR) Title 14; Sections §26.43, §26.45, §26.47 and §26.49 to include the

Aging Aircraft Safety Rnal Rule (AASFR).

The attached ADDENDUM A Supplemental Type Certificate (STC) matrix includes airframe SNs

that are unlikely to return to commercial air service under Federal AviatJon Administration (FAA)

Flight Operations 14 CFR §121 or §129 Of, European Aviation Safety Agency (EASA) standards

given age, derelict status, parted-out or non-standard / alternate use of a given airframe.

Given the age of each airframe and known economic ineffidencies, current cabin LOPA

configuration and various modifications made to the critical structure of the airframe, to include

the installation of PATS auxiliary fuel systems (AFS), the current STC holder of the AFS has

determined an efficient and proactive method for compliance to the rule.

The STC holder petitions FAA for a matrix exemption. In the event any SN returns to actJve FAR

121 or 129 (or EASA) service, the STC holder provides Operator engineering services to

accommodate the AASFR on a case-by-case basis for the auxiliary fuel system (AFS) installation,

irrespective of the airframe's state of registry. Costs to evaluate speculative fatigue cracking of

airframes not returning to commercial service or modified by third-party alteration would not be

an efficient use of FAA (or DAH) engineering resources nor, taxpayer funding.

Since a given SN may transfer back to US registry, FAA relief from Sections §26.43, §26.45,

§26.47 and §26.49 from the attached ADDENDUM A STC and SN groupings, is requested for US

and foreign SN registries.

For further information please visit www.airsoeed.us.comorcontactGeorgeTolyat425/577-

8752. Ted Santos can be reached at 843/756-6193, or Karl 5euring at 206/669-8000. The

Leading Edge Group, LLC can be reached in Kirkland, Washington (USA) at 425/576-4030.

34250n//on PO/I)r Kitk!.w4 WlsJJingron 98035 (425) 576-4D.{0 1I'!.,!in