April 9 , 2012

SUBMITTED ELECTRONICALLY TO: www.regulations.gov

US Department of Transportation Docket Operations 1200 New Jersey Avenue, SE West Building Ground Floor

2895 S.W. 145 th Avenue

Room W12

- 140 Washington, DC 20590

- 0001

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

Dear Ladies and Gentlemen :

Pursuant to Title 14 Code of Federal Regulations (14 CFR) 1 part 11, Lynden Air Cargo (LAC) respectfully petitions for an exemption from § 121.343(d) to allow it to operate an airplane manufactured after May 26, 1989 while complying with the flight data recorder requirements in § 121.343(c)

. 2

LAC want s the ability to operate under the exemption outside the United States

. 3

Summary

The requested relief is compelled by the addition of a one

- of

- its

- kind Lockheed L

- 382G aircraft to the LAC operation. 4

The aircraft, Lockheed serial number (s/n) 5225, is one of only two remaining L

- 382G

models manufactured after 1989 ; it s sister ship is not on the U.S. registry. 5

1 All citations are to 14 CFR.

2 All other aircraft of the same model in the LAC fleet comply with § 121.343(c).

3 See § 11.83.

4 The L

- 382 is commonly referred to as the “Hercules.”

5 We understand the other aircraft is still in operation with the foreign military that took original delivery. 117 North Henry Street, Alexandria, VA 22314

– 2903 Telephone 703.299.0784 Fax 703.299.0254

www.potomac

- law.com

Craig L. Fabian

Admitted in Pennsylvania and the District of Columbia Electronic Mail craig.fabian @potomac

- law.comU.S. Department of Transportation Docket Operations April 9, 2012 Page 2

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

LAC currently operates a fleet of six L

- 382G airplanes. 6 Aircraft s/n 5225 was acquired by LAC to replace an air plane 7 slated for retirement. 8

The original Federal Aviation Administration (FAA) certificate of airworthiness for aircraft s/n 5225 was issued on August 1, 1991 , therefore, the airplane was fitted with a flight
data recorder, and related equipment, to record the seventeen parameters listed in § 121.343(d). 9 None of the other L

- 382G airplanes operated by LAC are fitted with such equipment.

As a result of the difference between s/n 5225 and the res t of its fleet, LAC desires an exemption from § 121.343(d)

. 10

Background

The L

- 382G aircraft is unique. That fact is recognized in § 121.344, the current rule for digital flight data recorders for transport category airplanes

, which states that the L

382G “need not comply with this section, but must continue to comply with app licable paragraphs of § 121.343.” 11 The cited language was added to § 121.344 after several years of LAC L

- 382 fleet operation under an exemption to that rule. 12

Although it is clear the FAA intended to provide flexibility to the relatively few L

- 382G airplanes operating commercially, aircraft s/n 5225 is unintentionally impacted by the flight data recorder requirement in § 121.343(d) due to its unusual “ date of

manufacture

. ” The requested exemption merely remedies that unintentional

consequence.

Specific section of 14 CFR from which LAC seeks an exemption

LAC seeks an exemption from § 121.343(d), which provides that:

6 The fleet is comprised of: N401LC (s/n 4606); P2

- LAD/N402LC (s/n 4698); N403LC (s/n 4590); N404LC (s/n 4763); N405LC (s/n 5025); P2

- LAC/N406LC (s/n 4676).

7 Aircraft s/n 4763, currently registered as N404LC.

8 The retirement of N404LC is necessary due to the limit of validity (LOV) requirements of § 121.1115.

9 Section 121.343(d) provides that “ manufactured means the point in time at which the airplane inspection acceptance records reflect that the airplane is complete and meets the FAA

- approved type design data.”

10 The other aircraft in LAC’s fleet are equipped with a digital flight data recorder (DFDR) installed by FAA supplemental type certificate (STC) ST00224AT. Upon granting this exemption, a DFDR would be

installed under that same STC on aircraft s/n 5225.

11 See § 121.344(l)(2) which includes Lockheed Martin Model 382 airplanes.

12 S ee exemption 6291, issued July 15, 1999, and subsequent amendments and renewals (6291A, dated October 14, 1999; 6291B, dated July 13, 2003; and 6291C, dated January 21, 2003). Language was added to § 121.344 in July 2003 excepting the L

- 382; see 68 FR 429 32.U.S. Department of Transportation Docket Operations April 9, 2012 Page 3

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

(d) No person may operate an airplane specified in pa ragraph (b) of this section that is manufactured after May 26, 1989, as well as airplanes specified in paragraph (a) of this section that have been type certificated after September 30, 1969, unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, and recording intervals specified in a ppendix B of this part: (1) Time; (2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; (6) Time of each radio transmission either to or from air traffic control; (7) Pitch attitude; (8) Roll attitude; (9) Longitudinal acceleration; (10) Pitch trim position; (11) Control column or pitch control surface position; (12) Control wheel or lateral control surface position; (13) Rudder pedal or yaw control surface position; (14) Thrust of each engine; (15) Position of each thrust reverser; (16) Trailing edge flap or cockpit flap control position; and (17) Leading edge flap or cockpit flap control position.

For the purpose of this section, manufactured means the point in time at which the airplane inspection acceptance records reflect that the ai rplane is complete and meets the FAA

- approved type design data.

E xtent of relief sought

With relief from § 121.343(d), LAC would comply with § 121.343(c), which provides that :

(c) Except as provided in paragraph (l) of this section, no person may operat e an airplane specified in paragraph (b) of this section unless it is equipped, before May 26, 1995, with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from th e storage medium. The following information must be able to be determined within the ranges, accuracies and recording intervals specified in appendix B of this part: (1) Time;U.S. Department of Transportation Docket Operations April 9, 2012 Page 4

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

(2) Altitude; (3) Airspeed; (4) Vertical acceleration; (5) Heading; (6) Time of each radio transmission either to or from air traffic control; (7) Pitch attitude; (8) Roll attitude; (9) Longitudinal acceleration; (10) Control column or pitch control surface position; and (11) Thrust of each engine.

R eason for seeking relief

Relief is sought to achieve commonality in LAC’s fleet of nearly identical L

- 382G airplanes. The goal is to fit aircraft s/n 5225 within the existing LAC maintenance

program

, 13 thereby removing the potential for human factors and administrative errors

that relate to having a “one

- off” aircraft in a fleet of the same type. 14

Reasons why granting this request is in the public interest

T his petition for exemption is prompted by efforts to replace an older aircraft that must be retired due to FAA requirements 15 which serves the public interest

. The significant additional operational costs 16 that will result from requiring aircraft s/n 5225 to comply with § 121.343(d) are harmful to LAC and, therefore, denying this request is not in the public interest. 17

The req uested relief, and resulting fleet commonality, will improve the LAC operation which is in the public interest for the following reasons:

• LAC serves remote communities and projects by transporting essential food, service items and equipment in Alaska wher e roads or waterways do not exist. In many cases, these essential goods cannot be transported in any other manner or by any

other aircraft.

13 See § 121.367.

14 Parts for the system installed on s/n 5225 are not interchangeable with other L

- 382 aircraft and the system architecture is entirely different. These factors impact not only logistics and part availability, but also component tracking, monitoring and troubleshooting capabilities.

15 Specifically, the LOV rule; see footnote 8.

16 See footnote 2 0

. 17 As noted in the “reasons why granting the exemption would not adversely affect safety” section of this
petition, the additional six pa rameters of information required by § 121.343(d) will not provide meaningful assistance in evaluating any potential incident or accident involving the L

- 382G above that provided by § 121.343(c).U.S. Department of Transportation Docket Operations April 9, 2012 Page 5

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

• Due to the distinctive capabilities of its fleet, LAC aircraft operate in oil spill response
efforts, disaster reli ef and other public interest activities (e.g., transporting live whales between marine biology facilities).

• LAC supports the U.S. military during critical campaigns and the ongoing war against terrorism.

In addition, LAC is an important provider of jobs i n Alaska, and the cost savings realized by granting this request is a benefit to citizens of that state.

Reasons why granting the exemption would not adversely affect safet y

The main difference between § 121.343(c) and (d) is the record ing of six additional

“channels” of information. 18

This petition for exemption applies to a single L

- 382G airplane. Due to the limited

number of L

- 382 G aircraft in operation, and the fact that its role is limited to all

- cargo service, often in distinctive heavy lift situations, there is no benefit in collecting the

additional data.

Specifically, the information obtained by monitoring the six additional channels required by § 121.343(d) on a single airplane w ill not provide meaningful assistance in evaluating
any pot ential incident or accident for the benefit of the flying public

. 19 D ata collected for compliance with § 121.343(c) therefore provides an equivalent level of safety and fulfills

the public safety interest

.

In addition, the requirement for aircraft s/n 522 5 to comply with § 121.343(d) adds significant additional costs to LAC’s operation without any safety benefit. 20 Such expense negatively impacts LAC , which is a key provider of services, and jobs, in the

state of Alaska. Disapproval of the petition for exemption is therefore not in the public

interest.

Good cause exists for not delaying action on this petition

The factors considered by the FAA 21 in expediting its consideration of petition for exemption are met

.

18 The additional channels are: pitch trim position; control w heel or lateral control surface position; rudder pedal or yaw control surface position; position of each thrust reverser; trailing edge flap or cockpit flap control position; and leading edge flap or cockpit flap control position.

19 Worldwide, there are ve ry few L

- 382G airplanes in operation.

20 Added costs include logistics and stocking for the unique parts installed on s/n 5225, additional training necessary for personnel working on the different system, and necessary changes to incorporate the

different a ircraft into the air carrier maintenance program.

21 See § 11.87.U.S. Department of Transportation Docket Operations April 9, 2012 Page 6

RE : Lynden Air Cargo Petition for Exemption from 14 CFR § 121.343(d)

Specifi cally, granting this petition will not set a precedent 22 and is not identical to any previous exemption

. 23 Also, though we have filed this petition in a timely manner, an exemption is needed as soon as possible to afford LAC the opportunity to reconfigure

t he air plane while it is being prepared for incorporation into its fleet. 24 Delayed action on this petition will result in significant additional costs for LAC. 25

Why LAC needs to exercise the privileges of the exemption outside the U.S.

In addition to its domestic operation, and the crucial service it provides in the unique environment of Alaska, LAC provides support for the U.S. military around the world.

On a regular basis, LAC also operates in remote international locations due to the

distinctive capabilities of its L

- 382 fleet. The ability to exercise the privileges of the exemption outside the U.S. is therefore essential.

We respectfully ask the FAA to grant the requested relief.

Please contact me if you have any questions or need additional i nformation.

Sincerely

,

Craig L. Fabian Regulatory Counsel for

Lynden Air Cargo

cc: Paul Willing

James Schneider

22 The requested exemption is applicable to a single L

- 382G, s/n 5225.

23 The FAA Automated Exemption System does not contain any exemption to existing § 121.343(d).

24 The airplane is currently in heavy maintenance and conformity inspection for a U.S. standard certificate of airworthiness, where it is expected to remain for the next several months. However, work on the flight data recorder system should begin as soon as possible to avoid excess ive delay of the airplane into

service.

25 These costs would materialize from delayed entry into service (see footnote 2 5 ) and/or steps necessary for the operation of the particular airplane (see footnote 2 0 ).