AFS

- 14

- 151

- E May 28, 2014

Exemption No. 10995 Regulatory Docket No. FAA

- 2014

- 0 066

Mr. Scott Petersen Pontiac Flying Service LLC

15755 East 2000 North Rd. Pontiac, IL 61754

Dear Mr. Peterson :

This letter is to infor m you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated January 30, 2014

, you petitioned the Federal Aviation Adm inistration (FAA)

on behalf of Pontiac Flying Service LLC ( Pontiac Flying Service ) for an exemption from § 137.51(b)(4)(i) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to

allow Pontiac Fl ying Service to conduct turnarounds over a congested area.

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 actin g on this petition would be detrimental to Pontiac Flying Service

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petiti on. In Grant of Exemption No

. 10142 A as amended (copy

e nclosed), the FAA found that there is sufficient justification to support a finding that safety would not be adversely affected. Under the controlled circumstances shown in the petitioner’s submitted flight evaluation, the FAA recognizes that a single

- engine turbo propeller

- powered aircraft experiencing an engine failure over a congested area could glide to an emergency landing area that is not congested.2

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respe cts to relief previously requested in the e nclosed Grant of Exemption No

. 10142A , as amended ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No

. 10142A also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40109

, §§ 106(f), 40113, and 44701

, which the

FAA Administrator has d elegated to me, I hereby grant Pontiac Flying Service LLC an exemption from 14 CFR § 137.51(b)(4)(i) to the ext ent necessary to conduct tu rnarounds over a congested area in a loaded configuration , subj ect to the conditions and limitations described

below.

Conditions and Limitations

1. This exemption is valid only for operations conducted by Pontiac Flying Service,

L LC (operator) under part 137 certificate number P7YG525I and only authorizes turnarounds over congested areas.

2. This exemption is valid only for operations in support of Federal, State, or local governments for the purposes of public health or forestry pro tection, where the aircraft is dispensing benign substances such as pheromones.

3. Operations are limited to Air Tractor AT

- 502 and AT

- 802 airplanes. Each airplane must comply with all manufacturers service bulletins. Each airplane engine must meet or exce ed the manufacturer recommended time between

overhaul intervals.

4. All operations must be conducted with an FAA

- approved congested area plan (CAP) in compliance with all remaining provisions of § 137.51.

5. The approved CAP must identify applicable emergen cy landing areas in compliance with § 137.51(b)(4)(iii). The identified emergency landing areas must be located away from congested areas, no more than 1 nautical mile away from the point at which turnaround over a congested area will begin. In each CAP, the operator must show that at any time during a turnaround over a congested area, the airplane could reach an emergency landing area that is not congested in the event of an engine failure.

6. Each pilot must hold a commercial pilot certificate and be emp loyed directly by the operator. In addition to the requirements of § 137.53, each pilot must have at

least 50 hours of PIC time in Air Tractor AT

- 502 airplanes to operate that model3

aircraft or AT

- 802 airplanes to operate that model aircraft, 100 hours of PIC time in single

- engine turbo propeller

- powered airplanes, and 500 hours of PIC time dispensing agricultural materials or chemicals.

7. The PIC is the only person authorized to be on board during operations conducted under this exemption.

8. Maximum aircra ft load prior to conducting turnarounds over a congested area may not exceed the following: a. Maximum loading of the AT

- 502B & AT

- 502 shall not exceed a 3,300 pound hopper load. b. Maximum loading of the AT

- 802A shall not exceed a 6,200 pound hopper load

. Hopper loading may be increased in exchange for a pound

- for

- pound reduction in fuel loading. No Aircraft Flight Manual (AFM) limitations may be exceeded.

9. Each turnaround over a congested area must begin at an indicated airspeed of 140 mph for the AT

- 502 airplane and 150 mph for the AT

- 802 airplane, at a

minimum altitude of 200 feet AGL.

10. The operator must train all pilots conducting operations under this exemption on procedures for engine failure over a congested area. The principal operations inspec tor (POI) for the operator must review and accept the training plan prior to any operations conducted under this exemption.

11. The operator must collect and submit the following data to the POI on a quarterly basis and provide a summary of the data in any r equests for extension of this exemption. Data must be collected for each flight where the operator made at least one turnaround over a congested area:

a. Number of approved CAPs;

b. Number of flight

- hours;

c. Number of flights conducted (i.e. cycles);

d. Number and description of any engine malfunctions experienced in flight;

e. Description of any incidents or accidents;

f. Description of the product dispensed; and

g. Any additional information the operator determines may be relevant.

12. The operator must report any accident, incident, or engine failure while using this exemption to the POI within 1 business day following such an event. Operations under this exemption must be immediately suspended until the Flight Standards District Office with jurisdiction completes an invest igation of the event. The POI must submit a summary of the investigation findings and a recommendation for4

continued operations or termination of the exemption to the General Aviation and Commercial Division (AFS

- 800) before any operations using this exem ption may

resume.

13. The operator must carry a copy of this exemption on board the aircraft when in

use.

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

This exemption terminates on May 3 1 , 2016 , unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo Acting Dep u t y Director

, Flight Standards Service

Enclosure[s]