Law Olffices of 

Paul A. LangeLLc 

NAVIGATING THE WAY >>S 

New York ' Connecticut • Massachusetts 

Writer's Direct Extension: 103 

alm@lopal.com 

www.lopal.com 

OEF^RTMEHT OF 

TRANSPORTATION 

:..OCKETOPER^iON3 

20!! DEC 2 ^ A 10^ 33 

80 Ferry Boulevard 

Stratford, CT 06615 

Phone 203-375-7724 

Fax 203-375-9397 

445 Park Ave., 9"" Floor 

New York, NY 10022 

Phone 212-385-1215 

Fax 212-608-1215 

Please Reply To: CT Office 

December 28, 2011 

VIA FEDEX PRIORITY OVERNIGHT 

Docket Management Facility 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

RoomW12-140 

Washington, DC 20590 

Re: Petition for Exemption 

Dear Sir or Madam: 

This firm represents Petitioner United Technologies Corporation ("UTC" or 

"Petitioner"), whose subsidiaries include Sikorsky Aircraft Company ("Sikorsky"). 

Sikorsky is a manufacturer and world-wide distributor of helicopters for military, 

commercial, and private uses. Sikorsky manufactures the S-92 aircraft ("S-92"), which 

is certificated by the FAA as a civil aircraft. The S-92's certification requires two 

crewmembers. While airmen holding an appropriate FAA certificate can properly 

occupy the second in command seat to perform an evaluation flight of the S-92 in U.S. 

airspace per 14 CFR 61.55(g), otherwise qualified Individuals lacking FAA certificates 

may not. This precludes Sikorsky from allowing the pilots of many potential purchasers 

(including the U.S. military) to manipulate the controls on an evaluation flight of the 

aircraft. It most harshly affects Sikorsky's foreign military sales, where the foreign 

military pilots typically do not hold civil airman certificates from their own country. 

An exemption from 14 CFR 61.3(a)(1) to permit othenvise qualified pilots who do 

not hold an airman certificate issued by the FAA to manipulate the controls during an 

evaluation flight of the S-92 was previously granted to UTC. (See Exemption No. 

10076, Regulatory Docket No. FAA-2007-0377, annexed hereto as Attachment 1). 

Exemption No. 10076 is scheduled to terminate on June 30, 2012. UTC respectfully 

requests that Exemption No. 10076 be renewed or that a new exemption be granted. 

An exemption from 14 CFR 61.3(a)(1) is necessary because the regulation 

requires that a pilot flight crewmember on a U.S. civil aircraft must hold a "valid pilot 

certificate or special purpose pilot authorization issued under this part." As a result, the 

airman occupying the second in command station must hold a certificate issued by the 
FAA. 14 CFR 61.55(g) states that "[T]he holder of a commercial or airline transport pilot 

certificate with the appropriate category and class rating is not required to meet the 

requirements of paragraph (b)(2) of this section, provided the pilot: (1) Is conducting a 

ferry flight, aircraft flight test, or evaluation flight of an aircraft's equipment; and (2) Is not 

carrying any person or property on board the aircraft, other than necessary for conduct 

of the flight." Based upon the regulations and absent an exemption, appropriately 

qualified pilots who do not hold FAA issued certificates, such as many U.S. military 

pilots, military pilots of foreign governments, and foreign civil pilots, cannot qualify to 

manipulate the controls and thereby evaluate the S-92 in U.S. airspace simply because 

they do not hold an FAA airman certificate. 

UTC seeks relief from 14 CFR 61.3(a)(1) in order to facilitate Sikorsky's sale of 

S-92 helicopters to the U.S. military and to foreign governments, corporations and 

individuals. The requested renewal of Exemption No. 10076 is a matter of public 

interest since it will continue to create and retain jobs in the U.S., assist in decreasing 

the U.S.' foreign trade deficit, and support U.S. interests around the globe. 

Renewing Exemption No. 10076 will not adversely affect public safety. In 

particular, 14 CFR 61.3(a)(1) states ".... when the aircraft is operated within a foreign 

country, a current pilot license issued by the country in which the aircraft is operated 

may be used." Here, UTC seeks a very limited version inside the U.S. of what the CFR 

already permits outside the U.S. Specifically, UTC seeks to permit extremely limited 

evaluation flights within the U.S. following the identical requirements of 14 CFR 61.55(g) 

for any FAA certificated airman. Flights of this nature involving FAA certificated airmen 

typically average an hour in duration and also typically amount to one or two flights per 

potential purchaser. Accordingly, they are certainly not of a prolonged or repetitive 

nature. An appropriately (FAA) certificated UTC pilot will always act as pilot in 

command during the proposed flights. 

UTC will be adversely affected if the requested exemption is not granted since it 

will severely limit the commercial viability of the aircraft if a large number of potential 

customers are precluded from appropriately evaluating it. Though Petitioner views that 

existing regulations permit the described evaluation flights outside the U.S., it 

nonetheless specifically asks that the proposed exemption apply outside the U.S. 

should the Administrator disagree with that analysis. 
In sum, UTC seeks relief from 14 CFR 61.3(a)(1) to continue to permit it to 

operate its Sikorsky S-92 aircraft in the U.S. for purposes of evaluation flights when 

U.S. military, and foreign civil and military pilots, are manipulating the controls as 

second in command provided that the requirements of 14 CFR 61.55(g) are otherwise 

followed. Petitioner would like to permit potential customers whose pilots do not hold 

FAA issued airman certificates to perform evaluation flights of the S-92. Petitioner 

further seeks expedited review of this request given the existing exemption is set to 

terminate on June 30, 2012 

Sincerely, 

ALM/mes 

Alison L. McKay 

Enclosure 
ATTACHMENT 1 
Exemption No. 10076 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

UNITED TECHNOLOGIES 

CORPORATION 

for an exemption from § 91.9(a) 

ofTitlel4, Codeof 

Federal Regulations 

Regulatory Docket No. FAA-2007-0377 

GRANT OF EXEMPTION 

By letter dated December 14, 2007, Mr. Paul A. Lange, attorney for United 

Technologies Corporation (UTC), United Technologies Building, Hartford, Connecticut 

06101, petitioned the Federal Aviation Administration (FAA) on behalf of its subsidiary, 

Sikorsky Aircraft Company (Sikorsky), for an exemption from section § 61.3(a)(1) of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

allow Sikorsky to operate its S-92 aircraft in the United States utilizing one crewmember 

without a valid pilot certificate. 

The petitioner requests relief from the following regulation: 

Section 61.3 prescribes, in pertinent part, that a person may not act as a required pilot 

flight crewmember of a civil aircraft of U.S. registry, unless that person has a valid pilot 

certificate issued under this part. 

The petitioner supports its request with the following information: 

The petitioner states Sikorsky is a manufacturer and worldwide distributor of 

helicopters for military, commercial, and private uses. Sikorsky manufactures the S-92 

aircraft (S-92), which is certificated by the FAA as a civil aircraft. The S-92's 

certification requires two crewmembers. While airmen holding an appropriate FAA 

AFS-08-133-E 
certificate can properly occupy the second in command seat to perform an evaluation 

flight of the S-92 in U.S. airspace per 14 CFR § 61.55(g), otherwise qualified 

individuals lacking FAA certificates may not. This precludes Sikorsky from allowing 

the pilots of many potential purchasers (including the U.S. military) to manipulate the 

controls on an evaluation flight of the aircraft. It most harshly affects Sikorsky's 

foreign military sales, where the foreign military pilots typically do not hold civil 

airman certificates from their own country. UTC requests an exemption from 14 CFR 

§ 61.3(a)(1) to permit otherwise qualified pilots who do not hold an airman certificate 

issued by the FAA to manipulate the controls during an evaluation flight of the S-92. 

A summary of the peUtion was published in the Federal Register on Januar>' 3, 2008 

(73 FR 536-537). No public comments were received. 

The FAA's analysis is as follows: 

Section 61.3 states that no person may operate a U.S. registered civil aircraft as a 

required crewmember unless that person holds a U.S. pilot certificate or a special 

purpose pilot authorization (§ 61.77). The U.S military and foreign military and 

civilian pilots referenced in the petition do not hold the appropriate U.S. pilot 

certificate. Based on the petitioner's request, it is clear that the pilots will not be 

obtaining a U.S. pilot certificate. The FAA will not consider granting relief from any 

portion of § 61.3, and special purpose pilot authorization under § 61.77 does not apply 

in this case. 

However, in order to maintain an equivalent level of safety, the Administrator will 

grant the petitioner's request to allow the non-U.S.-certificated pilots to manipulate the 

controls of the S-92 within the United States provided they are accompanied by an 

appropriately certificated and rated pilot in command (PIC). In order to accomplish 

that, the Administrator will grant relief from 14 CFR § 91.9(a); specifically, relief from 

the S-92 operating limitations requiring a second crewmember with certain conditions 

and limitations. 

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, Sikorsky is granted an exemption from 14 CFR 

§ 91.9(a) to permit single-pilot operations in the S-92 aircraft to the extent necessary to also 

allow U.S. military pilots, foreign military pilots, and foreign civilian helicopter pilots to 

manipulate the controls of the S-92 aircraft while in flight within the United States for the 

purpose of evaluation flights, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. The flight must be for evaluation purpose only; 
2. The evaluation flight must be approved by Sikorsky; 

3. The evaluation flight must be conducted by a PIC who is in the employ of Sikorsky; 

4. The PIC must hold a valid and appropriate U.S. pilot certificate and category, class, 

and S-92 type rating; 

5. U.S. military, foreign military, and foreign civilian helicopter pilots may manipulate 

the controls when accompanied by a PIC who meets the requirements of Condition 

No. 3 and Condition No. 4; 

6. The PIC must provide each evaluation pilot a preflight briefing to include operation of 

the flight control system and emergency operations; 

7. The evaluation flight is conducted under day visual flight rules conditions; and 

8. Only persons or property necessary for the conduct of an evaluation flight are 

permitted on board the aircraft when conducting an evaluation flight in accordance 

with this exemption. 

This exemption terminates on June 30, 2012, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on June 7, 2010. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

Service