AFS-16-2226-E

February 12, 2016

 Regulatory Docket No. FAA-2011-1377

Mr. Burl Brim

President

Brim Equipment Leasing, Inc. dba Brim Aviation

PO Box 3009

Ashland, OR 97520

Dear Mr. Brim:

This letter is to inform you that we have granted your petition to extend Exemption No. 10456, 

as amended. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations of the exemption.

The Basis for Our Decision

By letter dated October 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Brim Equipment Leasing, Inc. dba Brim Aviation (Brim Aviation) for an extension of 

Exemption No. 10456, as amended. That exemption from § 133.45(e)(1) of Title 14, Code of 

Federal Regulations (14 CFR) allows Brim Aviation to conduct Class D rotorcraft-load 

combination operations with Agusta A109E, A109S, and A109SP helicopters certificated in the 

normal category under part 27. 

In your petition, you indicate that there has been no change in the conditions and reasons relative 

to public interest and safety that were the basis for granting the original exemption.

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

the Federal Register because the requested extension of, and amendment to the exemption would 

not set a precedent, and any delay in acting on this petition would be detrimental to Brim 

Aviation.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, I hearby grant Brim Equipment Leasing, Inc. dba Brim 

Aviation (Brim Aviation) an exemption from 14 CFR § 133.45(e)(1) to the extent necessary to 

permit Brim Aviation to conduct Class D rotorcraft-load combination operations with Agusta 
2 A109E, A109S, and A109SP helicopters certificated in the normal category under part 27, 

subject to the following conditions and limitations:

Conditions and Limitations 

1. In accordance with § 133.37, Brim Aviation must conduct training in accordance with an 

approved Class D rotorcraft-load combination training program prior to conducting 

Class D operations. The training program must include initial and recurrent training for 

pilots and other operations personnel, as appropriate.

2. The certificate-holding district office (CHDO) for Brim Aviation must approve the 

Class D training program.

3. Brim Aviation must maintain a current CHDO-approved rotorcraft-load combination 

flight manual, which meets the requirements of § 133.47.

4. Brim Aviation may utilize the provisions of this exemption only when operating 

Agusta A109E, A109S, or A109SP helicopters in the transport of maritime pilots to and 

from ships in United States ports.

5. This exemption does not relieve Brim Aviation from complying with the portion of

§ 133.45(e)(1) which states, “...and provide hover capability with one engine

inoperative at that operating weight and altitude.”

6. Prior to each flight, the pilot in command must confirm that the weight and balance

and performance of the rotorcraft are within the A109E, A109S, or A109SP Rotorcraft 

Flight Manual (RFM) and RFM supplement limitations, as necessary to comply with 

Condition/Limitation No. 5 of this exemption.

7. This exemption is not valid for operations outside the United States.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10456, as amended, to Feburary 28, 

2018, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 10456A, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No.10456.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service