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. 145th 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 wants 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; its 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.com
U.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 airplane7 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 rest 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 L382G “need not comply with this section, but must continue to comply with applicable 

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 See 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 42932.
U.S. Department of Transportation

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April 9, 2012

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

(d) No person may operate an airplane specified in paragraph (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 appendix 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 airplane 

is complete and meets the FAA-approved type design data.

Extent 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 operate 

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 the 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

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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.

Reason 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

This petition for exemption is prompted by efforts to replace an older aircraft that must 

be retired due to FAA requirements15 which serves the public interest. The significant 

additional operational costs16 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 requested 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 where 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 20. 17 As noted in the “reasons why granting the exemption would not adversely affect safety” section of this 

petition, the additional six parameters 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

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April 9, 2012

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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 relief 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 in 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 safety

The main difference between § 121.343(c) and (d) is the recording 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-382G 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 will not provide meaningful assistance in evaluating 

any potential incident or accident for the benefit of the flying public.

19 Data 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 5225 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 FAA21 in expediting its consideration of petition for 

exemption are met.

 18 The additional channels are: pitch trim position; control wheel 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 very 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 aircraft into the air carrier maintenance program. 21 See § 11.87.
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April 9, 2012

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

Specifically, granting this petition will not set a precedent22 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 

the airplane 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 information.

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 excessive delay of the airplane into 

service.

25 These costs would materialize from delayed entry into service (see footnote 25) and/or steps necessary 

for the operation of the particular airplane (see footnote 20).