AFS-10-218-E

Jun 18 2010 Exemp tion No. 9726A Regul atory Docket No. FAA-2004-19074

Mr. Charles Brainerd

President Firehawk Helicopters, Inc. 8850 Airport Boulevard Leesburg, FL 34788

Dear Mr. Brainerd:

This letter is to inform you that we have granted y our petition to extend Exemption No. 9726. It explains the basis for our decision, describes i ts effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated March 30, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Firehawk Helicopters, Inc. (Firehawk), fo r an extension of and amendment to Exemption No. 9726. That exemption from §§ 61.31(a )(1), (b)(4)(i) and (iii), (c), and (d)(1) of Title 14, Code of Federal Regulations allows Fir ehawk to operate the Sikorsky S-70C (S-70C) helicopter for compensation or hire operati ons using pilots who act as pilot in command (PIC) but do not hold a type rating for the aircraft. The holder of a proficiency letter issued under these provisions may act as PIC of the S-70C in lieu of a type rating. The amendment you request would allow Firehawk to condu ct operations outside the United

States.

The FAA finds that extending relief outside of the United States is contrary to International Civil Aviation Organization Annex 1-Personnel Licen sing, chapter 2, paragraph 2.1.3.2(a), and cannot be granted. Therefore, Firehawk will ne ed to seek permission from the appropriate national/civil aviation authority in the country th e S-70C will be operated.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were th e basis for granting the original exemption.2

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to Firehawk.

Our Decision

The FAA has determined that the justification for t he issuance of Exemption No. 9726 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, wh ich the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. The pilot exercising privileges under this exemptio n must be an employee of Firehawk.

2. The PIC of the aircraft must:

a. Hold a type rating for the S-70C from an earlier de signation or

b. Hold a proficiency letter issued by Firehawk. This proficiency letter must specify that the pilot has been trained and has pas sed a proficiency check conducted by Firehawk for the operation of a restri cted category S-70C operated by Firehawk.

3. The proficiency letter may only be issued to indivi duals who have completed training and successfully completed a practical test conducted i n accordance with the Airline Transport Pilot and Aircraft Type Rating Practical Test Stand ards for Helicopter, FAA-S-8081-20 (ATP PTS):

a. The applicant for a proficiency letter must have re ceived training from the holder of a type rating or proficiency letter for t he S-70C helicopter;

b. The applicant for a proficiency letter must receive an endorsement from the holder of a flight instructor certificate who holds either an S-70C type rating or a proficiency letter issued in accordance with this exemption, attesting to the pilot’s knowledge, skill, and experience and that t he applicant is competent to act as PIC of the S-70C;

c. The practical test must be conducted by a Firehawk check airman designated by the North Florida-Orlando Flight Standards District Office (FSDO). The practical test may also be conducted by a qualified FAA aviation safety inspector or designated pilot examiner approved by the North Florida-Orlando FSDO;

d. The training and checking may not be conducted by t he same person;

e. Proficiency letters issued under the provisions of this exemption shall bear the

notation:3

Valid only for operation of restricted category S-7 0C helicopters operated by Firehawk. Valid until [enter date, 12 calendar months from date of issue] unless superseded, surrendered, suspended, o r revoked; and

f. Recurrent flight training for pilots must include, at least, flight training in the maneuvers or procedures in the ATP PTS, except that satisfactory completion of the check required by this exemption within the pre ceding 12 calendar months may be substituted for recurrent flight training.

4. The PIC of the S-70C shall carry a copy of the prof iciency letter during flight.

5. A person shall be designated by Firehawk to provide the services of check airman for the purpose of evaluating applicants for the issuance o f the proficiency letter. The person so named shall be issued a check airman authority by t he North Florida-Orlando FSDO. This authorization will be renewed annually.

6. A copy of this exemption shall be issued to each pe rson acting as PIC of the S-70C, and

those individuals shall be made aware of the condit ions and limitations.

The Effect of Our Decision

Our decision extends the termination date of Exempt ion No. 9726 to July 31, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 972 6 remain the same. This letter must be attached to, and is a part of, Exemption No. 9726.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service