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- E May 29 , 2013 Exemption No. 10043B Regulatory Docket No. FAA

- 200 1

- 10283

Mr. Steve Boyce

Director of Maintenance Aero Air, LLC dba Erickson Aero Tanker, LLC

2050 NE 25 th Avenue Hillsboro, OR 97124

Dear Mr. Boyce :

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

The Basis for Our Decision

By letter dated November 26, 2012, Mr. Steve Boyce, Director of Maintenance, Aero Air,

LLC (Aero Air), Portland

– Hillsboro Airport, 2050 NE 25 th Avenue, Hillsboro, OR 97124, petitioned the Federal Aviation Administration (FAA) on behalf of Aero Air for an amendment to Exemption No. 10043A, originally issued to Butler Aircraft (Butler). In your petition, you indicate that Aero Air acquired the op erating assets of Butler, which includes

three DC

- 7 series aircraft for use in firefighting activities. The amendment you request would change the exemption holder from Butler to Aero Air. That exemption from § 91.529(a)(1) of

Title 14, Code of Federal Regulations (14 CFR) would allow Aero Air to operate its Boeing Douglas DC

- 7 and DC

- 7B aircraft (registration Nos. N401US, N6353C, and N838D) without a flight engineer during flightcrew training, ferry operations, and test flights that are conducted to pre pare for firefighting operations carried out under 14 CFR part 137. Since Butler assets were acquired by Aero Air

, the FAA will treat this as a new petition for exemption by Aero Air rather than an extension or transfer of the exemption previously granted to Butler.

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 pe tition would be detrimental to Aero Air

.2

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

. 2989, as amended, (copy enclosed), the FAA found that the petition was in a unique situation in that most aircraft used in this type of operation are certificated for agricultural operations in the restricted category

while Aero Air’s aircraft are certificated in the transport category

.

Section 91.313 (previously § 91. 39) allows operation of restri cted category aircraft in operations necessary for the accomplishment of the work activity directly associated with that special purpose. In addition, this section specifically states that operation of a restricted category civil aircraft to provide fligh t crewmember training in a special purpose operation for

which the aircraft is certificated is considered to be an operation for that special purpose. Thus, if petitioner's aircraft were certificated in the restricted category, an exemption would

not be necessary.

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. 2989, as amended ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 2989, as amended, 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. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Aero Air an exemption from 14 CFR § 91.529(a)(1) to operate its Boeing Douglas DC

- 7 and DC

- 7 B airplanes without a flight engineer during flightcrew training, ferry operations, test flights, and firefighting operations

condu cted in accordance with 14 CFR part 137.

Conditions and Limitations

1. This exemption applies to the following DC

- 7 series aircraft operated by Aero Air: registration Nos. N401US, N6353C, and N838D. A copy of this exemption must be

carried on board these aircraft at all times.

2. This exemption is not valid for operations outside of the United States.3

This exemption terminates on May 31, 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure