AFS-12-243-E 

June 1, 2012 

 Exemption No. 10142C 

 Regulatory Docket No. FAA-2010-0134 

Mr. Michael D. Schiffer 

President 

Al’s Aerial Spraying, LLC 

3473 North Shepardsville Road 

Ovid, MI 48866 

Dear Mr. Schiffer: 

This letter is to inform you that we have granted your petition to amend Exemption 

No. 10142, as amended. It explains the basis for our decision, describes its effect, and lists 

the revised conditions and limitations. 

The Basis for Our Decision 

By letter dated February 22, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Al’s Aerial Spraying, LLC for an amendment to Exemption No. 10142, as 

amended. That exemption from § 137.51(b)(4)(i) of Title 14, Code of Federal Regulations 

allows Al’s Aerial Spraying to use a single-engine turbopropeller-powered Air Tractor 

aircraft to make turnarounds over congested areas in a loaded configuration. The amendment 

you requested would add Air Tractor models: AT-400, AT-402B, AT-502 to the list of 

aircraft to be operated under this exemption. 

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 the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Al’s Aerial 

Spraying. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10142, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following revised 

conditions and limitations. 

Conditions and Limitations 

1. This exemption is valid only for operations conducted by Al’s Aerial Spraying, 

LLC (operator) under part 137 certificate number MROG545G 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 or Bacillus 

thuringiensis (Bt). 

3. Operations are limited to Air Tractor AT-400, AT-402B, AT-502, and AT-502B 

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 pilot in command (PIC) time in the designated model Air 

Tractor airplane to be flown; 100 hours of PIC time in single-engine 

turbopropeller-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. 
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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 3300 

pound hopper load. 

b. Maximum loading of the AT-402B & AT-400 shall not exceed a 2600 

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, 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 

continued operations or termination of the exemption to the General Aviation and 

Commercial Division (AFS-800) before any operations using this exemption may 

resume. 
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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. 

The Effect of Our Decision 

The termination date of Exemption No. 10142, as amended, remains April 30, 2014, unless 

sooner superseded or rescinded. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service