AFS-14-151-E

May 28, 2014

 Exemption No. 10995

 Regulatory Docket No. FAA-2014-0066

Mr. Scott Petersen 

Pontiac Flying Service LLC

15755 East 2000 North Rd.

Pontiac, IL 61754 

Dear Mr. Peterson:

This letter is to inform 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 Administration (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 Flying 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 acting 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 petition. In Grant of Exemption No. 10142A as amended (copy

enclosed), 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 turbopropeller-powered 

aircraft experiencing an engine failure over a congested area could glide to an emergency 

landing area that is not congested. 
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Having reviewed your reasons for requesting an exemption, I find that—

• they are similar in all material respects to relief previously requested in the enclosed 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 delegated to me, I hereby grant Pontiac Flying Service LLC an 

exemption from 14 CFR § 137.51(b)(4)(i) to the extent necessary to conduct turnarounds over 

a congested area in a loaded configuration, subject to the conditions and limitations described 

below.

Conditions and Limitations 

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

LLC (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 protection, 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 exceed 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 emergency 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 employed 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 model 
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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 aircraft 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 

inspector (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 requests 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 investigation of the event. The POI 

must submit a summary of the investigation findings and a recommendation for 
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continued operations or termination of the exemption to the General Aviation and 

Commercial Division (AFS-800) before any operations using this exemption 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 31, 2016, unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo

Acting Deputy Director,

Flight Standards Service

Enclosure[s]