AFS-15-382-E 

Exemption No. 11245 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

NEPTUNE AVIATION SERVICES Regulatory Docket No. FAA-2015-0073 

 

for an exemption from 

§ 91.313(a) of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

By letter dated January 13, 2015, Loren A. Crea, Director of Flight Operations, Chief 

Supervisor, Neptune Aviation Services, Inc. (Neptune), Missoula, Montana petitioned the 

Federal Aviation Administration (FAA) for an exemption from § 91.313(a) of Title 14, Code 

of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Neptune 

to conduct operations needed to satisfy crewmember training, type rating requirements, and 

proficiency requirements found in part 61 in the P2V series restricted category civil aircraft. 

The petitioner requests relief from the following regulations:

Section 91.313(a) prescribes, in pertinent part, that no person may operate a restricted 

category civil aircraft for other than the special purpose for which it is certificated or in an 

operation other than one necessary to accomplish the work activity directly associated with 

that special purpose. 

Although not specifically requested, the FAA believes that relief from § 91.313(c) will be 

necessary in order for the petitioner to conduct operations described in its request. Therefore, 

the FAA is construing the petition as a request for relief from § 91.313(c). This section 

prescribes, in pertinent part, that no person may operate a restricted category civil aircraft 
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carrying persons or property for compensation or hire. Further, for the purposes of this 

section, a special purpose operation involving the carriage of persons or material necessary to 

accomplish that operation, and operation[s] for the purpose of providing flight crewmember 

training in a special purpose operation, are not considered to be the carriage of persons or 

property for compensation or hire. 

The petitioner supports its request with the following information: 

The petitioner requests an exemption from § 91.313(a), to conduct aircrew proficiency 

training, practical tests, or other flights necessary for a pilot to obtain a type rating 

designation or a pilot-in-command (PIC) proficiency check, instructor training, and initial 

and/or recurrent observations for a pilot proficiency examiner (PPE) or designated pilot 

examiner (DPE) in the Lockheed L-P2V. 

Neptune operates seven L-P2Vs and it has previously conducted operations pertaining to type 

rating designations and pilot-in command proficiency check(s) using the FAA Airline 

Transport Pilot Practical Test Standards (ATP PTS). Neptune notes that it wishes to continue 

that practice and that relief is requested for all of its L-P2V aircraft. The petitioner states there 

are no civilian standard transport category L-P2V aircraft in which to conduct the required 

training. The L-P2V requires two pilots, one of which must hold a type rating designation on 

his or her pilot certificate. 

Neptune states that it operates its aircraft under 14 CFR parts 91 and 137. The petitioner notes 

that although § 61.58(b) states that this section does not apply to operations conducted under 

part 137, they still require relief from other certification and operational requirements. 

Neptune describes § 91.313(a) as prohibiting it from conducting initial and regular recurrent 

training to provide for a higher level of safety in the L-P2V. 

Neptune states that as a contractor for the U.S. Forest Service (USFS), providing Large Air 

Tankers (LAT) for wildfire suppression, it operates a fleet of BAe-146-200A and L-P2V LAT 

aircraft. Neptune has been, and continues to be, the largest provider of LAT aircraft to the 

USFS. The petitioner describes the importance of each LAT, as well as the role its crews 

serve in responding to a new fire before other resources become available. Neptune expresses 

its mission as high priority as it includes protecting lives, homes, other property, utilities, 

archeological sites, and high critical state/national resources. 

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

in the Federal Register because this is not a precedent-setting petition, and any delay in acting 

on this petition would be detrimental to Neptune. 

The FAA’s analysis is as follows: 

The FAA has fully considered the petitioner’s request and supporting information and 

determined that the relief requested meets an equivalent level of safety and is in the public 

interest. 
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The FAA contacted Neptune via email on February 27, 2015, to acquire additional 

information concerning the aircraft for which relief was requested (specifically, aircraft 

registration numbers and applicable type certificates). Neptune responded with the requested 

information on February 28, 2015, and a record of conversation was placed in the docket. 

Based on the information provided by Neptune in their email, the FAA recognizes that 

Neptune seeks to operate aircraft covered under two Type Certificate Data Sheets (TCDSs). 

Sheet No. A17EA is issued to the USDA Forest Service and pertains to the P2V-5F aircraft. 

Sheet No. 15SW is issued to Neptune and pertains to the Lockheed P2V-7 aircraft. The FAA 

will refer to these aircraft as the P2V series for the purposes of this analysis. 

As noted, § 91.313(a) states that “no person may operate a restricted category civil aircraft for 

any purpose other than the special purpose for which it is certificated” or “in an operation 

other than one necessary to accomplish the work activity directly associated with that special 

purpose.” Special purpose operations for restricted category aircraft are outlined in § 

21.25(b). 

The FAA notes that airworthiness standards for restricted category aircraft do not meet the 

same level of safety that is required for aircraft certificated in the standard or transport 

category. The operating limitations set forth in § 91.313 are designed to compensate for this 

and to provide the necessary level of safety for special purpose operations. 

The FAA has recently determined that practical tests for the addition of a type rating 

designation to a pilot certificate, training in preparation for such practical tests, or other 

flights necessary for the conduct of such practical tests, would be contrary to the limitations 

described in § 91.313(a). While § 91.313(b) allows for flight training, the scope of the 

training described by this provision is narrow and does not extend to all training or 

certification. Rather, the training flights described by § 91.313(b) are limited to those 

conducted by persons “in a special purpose operation for which the aircraft is certificated.” 

Based on this language, the FAA finds that training received by those who do not hold the 

requisite pilot certification (e.g., the necessary type rating) would be outside the scope of § 

91.313(b). The FAA recognizes that the recent determination creates a regulatory barrier for 

operators needing to conduct flights to meet the type rating requirements of § 61.31 when 

standard category aircraft of the same type rating designation either do not exist or are not 

reasonably available to the operator. 

The FAA notes that its determination that restricted category aircraft cannot be used for 

practical test for type ratings does not apply to proficiency flights or checks accomplished by 

those pilots that already hold the requisite type rating and whose duties are to perform an 

operation described in § 91.313(a). These flights, such as flights needed to satisfy the PIC 

proficiency checks required by § 61.58 (and associated PPE observations), are considered 

necessary to accomplish the work activity directly associated with the aircraft’s special 

purpose and would not require regulatory exemption. 

The FAA believes that the fire suppression operations conducted by Neptune are a benefit to 

the public. The FAA’s support for these operations is evidenced by the regulatory provisions, 
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and associated guidance, that allow aircraft to be issued TCDSs and airworthiness certificates 

for the express purpose of forest and wildlife conservation. Since Neptune cannot conduct 

these operations without appropriately trained and certificated pilots, the FAA finds 

Neptune’s request for exemption would also be in the public interest. Further, the FAA also 

believes that safety is enhanced by enabling the conduct of a practical test to add a type 

rating, as well as the training preparation for the practical test, in the aircraft or aircraft type 

that will be operated by the pilot during the special purpose operation. 

The FAA finds that an equivalent level of safety, as provided by the operational restrictions in 

§ 91.313, would be met by the conditions/limitations placed in this exemption. The FAA has 

issued grants of exemption in circumstances similar in all material aspects to those presented 

in your petition. In Grant of Exemption No. 11180 (copy enclosed), the FAA found that an 

exemption was appropriate to allow Billings Flying Service to conduct practical tests, 

proficiency training, and associated flights in restricted category aircraft. The FAA is issuing 

Neptune similar conditions and limitations as were issued in Exemption No. 11180, with 

modifications necessary to reflect operations in the P2V series and to clarify our original 

intent. 

The FAA is removing condition/limitation No. 4 as found in Exemption No. 11180, which 

requires all routes and locations used during operations conducted under the exemption to be 

accepted by the FAA. The FAA finds that requiring an operator to provide this information 

would not increase safety. The FAA notes that § 91.313(e) provides restrictions on the 

locations where a restricted category aircraft may be operated, and that all persons conducting 

operations under this exemption are required to adhere to those limitations. The FAA does not 

believe that additional limitations concerning the location of the operation, in excess of what 

are found in § 91.313(e), are necessary for this exemption. The FAA has renumbered the 

remaining conditions and limitations accordingly. 

The FAA has amended condition/limitation No. 6 as found in Exemption No. 11180 (which is 

listed as condition/limitation No. 5 in this exemption). The FAA has modified this 

requirement to clarify our original intent regarding operations conducted under this exemption 

that allow for a person to obtain a type rating designation in the listed restricted category 

aircraft. Condition/limitation No. 5 ensures Neptune will make the determination that the 

aircraft being operated are capable of performing the applicable maneuvers and procedures 

required by the type rating Practical Test Standards (for airplanes, FAA-S-8081-5F, as 

amended). 

In addition, the FAA has removed condition/limitation No. 7 as found in Exemption No. 

11180. This requirement, which addressed performance criteria, is not appropriate for an 

aircraft in the airplane category. In addition, the FAA has removed condition/limitation Nos. 

8 and 9 as found in exemption No. 11180. These conditions and limitations described the 

required maintenance to be performed on the aircraft as noted in the TCDS. The FAA finds 

these types of conditions and limitations redundant as these requirements need to be met for 

all civil operations conducted with these aircraft. The FAA expects that all operations 
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conducted under this exemption will be in accordance with the aircraft’s TCDS and FAAissued operating limitations. 

The FAA finds that an exemption from § 91.313(c) is required for Neptune to conduct the 

operations described in the petition. Recent legal interpretation by the FAA recognizes an 

instructor who is being paid to provide flight training in an aircraft is operating the aircraft for 

compensation or hire regardless of whether he or she is acting as pilot in command. The same 

principle applies to PPEs, DPEs, or instructors providing practical tests. The FAA does not 

seek to restrict Neptune from providing compensation to its employees or others conducting 

training or practical tests functions in the aircraft covered under this exemption. 

Notwithstanding the relief from § 91.313(c), the FAA does not intend to allow Neptune to 

carry persons or material in excess of what is necessary to accomplish the training operation. 

The FAA believes that, for those pilots who are not employed by the operator, the use of 

restricted category aircraft for flight training and practical tests should be allowed only under 

narrow circumstances. Therefore, the FAA will not allow the training of pilots who are not 

employed by Neptune to be conducted under this exemption. Neptune can only conduct 

flights under this exemption if the person receiving training will be conducting special 

purpose operations on behalf of Neptune; or, in the case of a PPE, DPE or instructor, will be 

conducting proficiency training or practical tests for Neptune’s pilots. The FAA expects that 

the relief found in this exemption will be used to meet the certification needs of pilots that are 

employed by Neptune for the purpose of forest and wildlife conservation. The FAA’s intent to 

limit this exemption to operations in support of pilots employed by Neptune is captured in the 

conditions and limitations of this exemption. 

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. §§ 106(f), 40113 and 44701 

delegated to me by the Administrator, Neptune Aviation Service, Inc. (Neptune) is granted an 

exemption from 14 CFR § 91.313(a) and (c) to the extent necessary to allow Neptune to 

conduct operations in restricted category civil P2V series aircraft, subject to the conditions 

and limitations listed below. 

Conditions and Limitations 

1. The privileges of this exemption are limited to the following aircraft: 

a. P2V-5F: N96278, N9855F, N807NA, N410NA, and N1386C 

b. P2V-7: N443NA and N445NA 

2. Neptune must be in full operational control of any aircraft operated using the 

privileges of this exemption. 

3. The relief from § 91.313(c) is only granted to the extent necessary to allow for the 

operations described in Condition/Limitation No. 4. 
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4. Neptune may only use the aircraft for the special purposes identified on the restricted 

category airworthiness certificate for the aircraft in Condition/Limitation No. 1 and 

the following operations: 

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots 

employed by Neptune; 

b. Flight training for pilots employed by Neptune seeking to take a practical test 

for a type rating designation necessary to operate an aircraft covered under this 

exemption; and, 

c. Observation flights performed for the purpose of designating or observing a 

Designated Pilot Examiner (DPE). 

5. An aircraft configuration analysis including, but not limited to, flight deck, flight 

manual, operating limitations, required placards, and procedures must be completed 

and provided to the Flight Standards District Office (FSDO) with geographic 

responsibility for the airport or area where the aircraft is based. This analysis must 

reflect the capability of the aircraft to perform all required procedures and maneuvers 

necessary to meet the applicable requirements of the aircraft type rating Practical Test 

Standards.

6. A copy of this exemption must be provided to the FSDO in the geographic region 

where the aircraft is based, must be provided to any representative of the 

Administrator upon request, and must be carried aboard the aircraft at all times. 

7. Failure to meet any of the conditions of this exemption immediately cancels the 

authority authorized by this exemption. 

8. This exemption is not valid for operating outside the United States. 
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This exemption terminates on March 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure: 

Exemption No. 11180