AFS-13-176-E

May 29, 2013

 Exemption No. 10043B

 Regulatory Docket No. FAA-2001-10283

Mr. Steve Boyce

Director of Maintenance

Aero Air, LLC dba Erickson Aero Tanker, LLC

2050 NE 25th 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 the 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 25th 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 operating 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 prepare 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 petition 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 petition. 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 restricted 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 flight 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-7B airplanes without a flight

engineer during flightcrew training, ferry operations, test flights, and firefighting operations

conducted 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