AFS

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- E Exemption No. 10649

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

ROSS McCURDY Regulatory Docket No. FAA

- 2012

- 0582

for an exemption from § 61.113(a) of Title 14, Code of Federal Regulations

DEN IAL OF EXEMPTION

By letter dated May 21, 2012

, Mr. Ross McCurdy

, 10 Meadow View Drive

, Smithfield

, RI 02917 petitioned the Federal Aviation Administration (FAA) for an exemption from § 61.113(a) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow the petitioner and other pilots to receive compensation for expenses for promotional and educational flights in a Cessna CE

- 182.

The petitioner requests relief from the following regulation:

Section 61.113(a) p rescribes , in pertinent part, that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in c ommand of an aircraft

.

The petitioner supports its request with the following information:

In his petition, Mr. McCurdy describes a plan to fly a modified CE

- 182 aircraft on a flight from Rhode Island to California for the purposes of demonstrating use of alternative powerplants and fuels. Mr. McCurdy has named the flight “Coast to Coast Biofuel Airplane Project.” The aircraft will be flown by Mr. McCurdy and unnamed other pilots.

Mr. McCurdy seeks an exemption from the requirements of p art 61 so that t he pilots may receive compensation in the form of payment for expenses incurred by flying the aircraft to

California.2

The petitioner is a holder of an FAA private pilot certificate. He states he is a high school

science teacher and works on innovative renewable energy projects that provide educational opportunities and promote renewable energy. In his petition, Mr. McCurdy describes his involvement in projects unrelated to aviation that promote of renewable energy, such as a

rock

- and

- roll music band an d driving a zero

- emissions Model T automobile.

The aircraft the petitioner proposes to use for his flight is a CE

- 182 aircraft (N 4468N )

modified with a SMA SR305

- 230 diesel engine. The aircraft uses special fuel described as a

50/50 blend of renewable jet fuel mixed with petroleum Jet

- A fuel. The purpose of the flight is to demonstrate use of the modified powerplant and renewable aviation fuels.

Mr. McCurdy states that e xpenses related to the proposed flight will be paid by sponsors and

unnamed other sources. Pilots flying the aircraft on the proposed flight will not receive any compensation other than payment of expenses for the flight and related logistics. In addition,

he lists two organizations that are involved with the flight, the Paramus Flyi ng Club and Aero Energy Association, both Rhode Island

- based nonprofit organizations.

The project, according to the petitioner, will benefit the public because it will demonstrate emerging powerplant technologies and renewable aviation fuels. The petitio ner emphasizes the importance of media coverage for the flight, which he claims will cause excitement and interest in science and sharing of aviation job opportunities.

The petition includes lists of the purported benefits of using renewable aviation fu els, including improved efficiency, elimination of lead additives, domestic fuel production, and greater reliability and safety over traditional aviation powerplants. The petitioner also described public benefits associated with the project, such as educa tional outreach on aviation safety issues and use of renewable fuels.

The petitioner states that the proposal will not adversely affect safety, citing his extensive research and planning for the flight. The petitioner indicates he consulted several avi ation

related organizations on flight logistics and that several pilots (including Mr. McCurdy) will fly the aircraft in the safest manner possible.

The FAA requested additional information from the petitioner about the airworthiness of the

aircraft. T he petitioner provided general description of the aircraft, its modifications, and the fuel used. The petitioner also sent a copy of FAA Special Airworthiness Information Bulletin (SAIB) NE

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- 56 Semi

- Synthetic Jet Fuel , issued on September 14, 2011. Bot h documents

were added to the federal docket.

A summary of the petition was published in the Federal Register on July 20, 2012 (77 FR 42802 ). No comments were received

.

The FAA’s analysis is as follows:3

The FAA reviewed the petition from Mr. McCu rdy and we find a grant of exemption would

not provide an equivalent level of safety to that of the regulations. The following is a summary of our analysis.

Installing alternative powerplants on general aviation aircraft is not uncommon. We find that

si mply flying an aircraft with a FAA

- approved (albeit nontraditional) powerplant that uses an unusual fuel does not justify granting relief to the petitioner from the limitations of his private pilot certificate.

Petitions for exemption from private pilot limitations are not unique. The FAA has responded on numerous occasions to individuals seeking an exemption to receive compensation for flying without holding a commercial pilot certificate. Most proposals, including this one, do

not rise to the level o f necessity that would justify a deviation from the standards of p art 61.

In this denial, the FAA does not intend to discourage the petitioner from his objective of promoting the issues that interest him. In this case, the petitioner is able to pursue his flying

activities in the CE

- 182 aircraft within the bounds of the regulations, with no impact on the public benefit outcomes the petitioner has predicted.

The FAA’s Decision:

In consideration of the foregoing, I find that a grant of exemption wo uld not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113

and 44701, delegated to me by th e Administrator, the petition for an exemption from 14 CFR § 61.113(a) is hereby denied.

Issued in Washington, D

. C

. , on October, 19, 2012

.

/s/

John M. Allen Director, Flight Standards

Service