AFS-14-389-E

 Exemption No. 11124

 Regulatory Docket No. FAA-2012-0031

Mr. Richard Litka

Director of Maintenance

Aero Contractors, Ltd.

3463 Swift Creek Road

Smithfield, NC 27577

Dear Mr. Litka:

This letter is to inform you that we have granted your petition for exemption, but as a Full 

Grant rather than as an extension to Exemption No. 10443 as requested in your petition. 

It explains the basis for our decision, describes its effect and provides the new Exemption 

No. 11124.

The Basis for Our Decision

We entered your undated letter into the public docket (FAA-2012-0031) on July 24, 

2014. In that letter, you petitioned the Federal Aviation Administration (FAA) on behalf 

of Aero Contractors, Ltd. (ACL) for an extension of Exemption No. 10443. That 

exemption allows Aero Contractors the continued operations of one DC-3 series airplane, 

S/N 25509, without complying with the digital flight data recorder requirements of 14 

CFR § 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—
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(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.

(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded 

from a single source.

ACL initially petitioned the FAA via letters dated December 20, 2011 and January 17, 

2012 for exemption from 14 CFR § 125.226 Digital Flight Data Recorder (FDR) 

requirements. In that petition, you stated that your affected airplane had been initially 

certificated without a Flight Data Recorder System and had operated in part 125 service 

via a deviation. In 2008, the FAA promulgated rules that no longer permitted deviations 

from FDR regulations, effective February 2012. Your petition stated there were no 

available Supplemental Type Certificates (STC) for an 18 parameter FDR system 

installation for your DC-3 airplane. In order to meet the regulatory requirements, you 

intended to install an image recorder in lieu of a traditional flight recorder and use the 

time petitioned for to prove equivalence to a standard FDR. The FAA granted your 

petition, stating that we have an interest in the development of alternative recorder 

technologies. The exemption, No. 10443, was contingent upon ALS demonstrating good 

faith effort in support of regulatory compliance.

In an undated letter entered into the FAA docket on October 1, 2013, you petitioned the 

FAA for an eight-month extension of exemption No. 10443. In your petition, you stated

that the image recorder system you intended to install in the affected airplane as a means 

of complying with the requirements of 14 CFR § 125.226(b)(1) had been ground and taxi 

tested, and found to be incapable of achieving regulatory compliance. You stated that 

another, more viable image recorder system had been identified, but even that became a 

less-than-optimal solution because Basler Turbo Conversions (Basler) announced 

intentions to secure an STC to provide an 18 parameter flight data recorder system for 

your airplane. You stated the Basler STC was expected to be available in June, 2014, and 

that you intended to use the STC to bring your airplane into compliance with 14 CFR 

§ 125.226(b)(1). You claimed the extension was necessary to allow Basler time to obtain 

its STC and to install the system on your affected airplane. The FAA granted your 

petition for extension with certain conditions and limitations.

You have now, via undated letter, petitioned for an additional nine month extension of 

your existing exemption, No. 10443A, to allow time for Basler to finish work on the 

STC, which you state is now expected in December 2014) and to subsequently acquire 

the necessary components and install the modifications on your airplane.

On October 29, 2014, you provided the FAA a copy of STC number ST03296CH issued 

on September 29th, 2014 to Standard Aero Business Aviation Services, LLC for the 

installation of a Digital Flight Data Recorder System. According to the Conditions and 

Limitations of the STC, it applies only to Basler Turbo Conversions DC3-TP67 airplanes. 

According to airworthiness and registration documents on file with the FAA, your DC3 

was modified by Basler Turbo Conversions to the DC3-TP67 configuration in April, 
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1992. You also supplied the FAA upon request a copy of your purchase order, dated 

October 28th, 2014 with Basler Turbo Conversions for the installation of the DFDR

system that is the subject of the STC on your DC3 airplane, registration number N845S, 

SN 25509.

The FAA has determined that good cause exists for not publishing a summary of the 

petition in the Federal Register because the requested exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Aero 

Contractors, Ltd.

The FAA has determined that the petition for extension addressed here differs in material 

aspects from the justification presented for the issuance of Exemption No. 10443. 

Exemption 10443 was granted to ACL not only to permit ACL time to bring its affected 

airplane into compliance with applicable FDR regulations, but also to demonstrate the 

viability of alternative recorder technologies. The first extension, Exemption No. 

10443A, should not have been granted as an extension; the reasons for the initial 

exemption were no longer in effect. 

However, ACL continues to act in good faith to achieve regulatory compliance. You 

have worked closely with the FAA in your efforts to demonstrate image recorder 

viability. You identified, procured and began initial testing of a different, more capable 

image recording system just prior to the start of the STC work applicable to your 

airplane. That modification is now available for purchase. Installation of the STC 

modification will bring your aircraft into compliance with the requirements of 

§ 125.226(b)(1). The FAA finds that an exemption to accomplish this retrofit is in the 

public interest. You made a good faith effort to assist in the development of an image 

recorder system that was not in the end viable, and now need additional time to install 

modifications not previously available to achieve compliance. 

Our 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
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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. This exemption is contingent upon Aero Contractors, Limited providing a copy of a 

purchase order with Basler Turbo Conversions for the installation of an 18 

parameter Flight Data Recorder System, to its Principal Avionics Inspector (PAI)

no later than December 21, 2014. Failure to provide the purchase order will cause 

this exemption to terminate immediately. 

4. With that purchase order, by December 21

st, 2014, Aero Contractors must also 

submit to its PAI a firm schedule for accomplishing the final modifications of the 

flight data recorder system used to collect the flight data required by 

14 CFR § 125.226(b)(1) and Appendix D to Part 125. 

5. No airplanes may be added to the list of affected airplanes listed in condition No. 1, 

regardless of the date of acquisition.

6. No extensions of this exemption will be considered.

This exemption terminates on October 31st, 2015, unless sooner superseded, rescinded, 

or terminated by failure to comply with the terms and conditions listed. 

Issued in Washington, DC, on December 16, 2014

/s/

John S. Duncan

Director, Flight Standards Service