AFS-11-176-E May 16, 2011

Exemption No. 10261 Regulatory Docket No. FAA-2005-20297

Mr. August J. Blake St. Bernard Parish Mosquito Control

St. Bernard Parish Government 8201 West Judge Perez Drive Chalmette, LA 70043

Dear Mr. Blake:

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

On February 4, 2011 and supplemental information dated March 24, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of St. Bernard Parish Mosquito Control (SBPMC) for an exemption from § 137.53(c)(2) of Title 14, Code of Federal Regulations (14 CFR). That exemption allowed pilots employed by SBPMC to conduct aerial applications of insecticide materials over congested areas from a Britten-Norman BN2A-26 (Registration No. N706MC, Serial No. 883) that is not equipped with a device capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural materials within 45 seconds. That exemption, however, expired on March 31, 2007; therefore, we will treat your request as a new petition.

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 SBPMC.

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. 6470 (copy enclosed), the FAA found that the requirements of part 137 are directed at the safety of agricultural aircraft2

operations, the dispensing of materials during su ch operations, and the protection of persons and property on the ground. The FAA has not attempted to establish flight procedures for specific crops or to direct the use of particular application techniques, nor do the rules prescribe the kinds of chemicals or other materials to be used.

However, part 137 prohibits the dispensing of an economic poison for a use other than that for which it is registered with the United States Department of Agriculture, which has Federal responsibility for economic poisons for use.

The FAA is aware that many agricultural operations are unique because of such variables as size, shape, and location of the area; obstacles in the vicinity of each operation; altitude and airspeed programmed for the aircraft; type and toxicity of the chemical to be dispensed; and the type of aircraft used in the operations. The intent of § 137.53(c)(2) is to provide the pilot with a means of dumping the chemical if an emergency situation occurs.

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. 6470;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 6470 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 St. Bernard Parish Mosquito Control an exemption for 14 CFR § 137.52(c)(2) to the extent necessary to allow pilots employed by SBPMC toconduct aerial applications of insecticide materials over congested areas from a BrittenNorman BN2A-26 (Registration No. N706MC, Se rial No. 883) that is not equipped with a device capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural materials within 45 seconds, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is limited to the Britten-Norman BN2A-26 (Registration No. N706MC, Serial No. 883).

2. The authority of this exemption is to be used only in conjunction with conducting aerial agricultural operations.

3. During spray operations, aircraft operated in conjunction with this exemption are limited to a maximum gross weight that will ensure a single-engine climb performance capability of at least 200-feet-per-minute positive rate at the prevailing density

altitude.3

4. Prior to each flight, a document must be prepared showing the weight and balance calculations and the altitude performance for the forecast operating density altitude. The document must be retained for at least 30 days and must be presented to the Administrator upon request.

5. Each pilot in command (PIC) of the aircraft operated under this exemption must have a total of at least 1,200 hours of flight time as pilot, including at least 200 hours PIC time in BN2A-26 aircraft, 50 flight-hours of which must have been in agricultural spray controls.

6. A copy of this exemption must be provided to each PIC who operates under the terms of this exemption.

7. Prior to operating under this exemption, each PIC must have successfully completed flight instruction from an appropriately rated flight instructor on single-engine operations, performance, and handling characteristics of the BN2A-26 aircraft. A record of this instruction must be made available by the PIC upon request of the

Administrator.

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

This exemption terminates on May 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure