AFS-10-218-E 

Jun 18 2010 

 Exemption No. 9726A 

 Regulatory 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 your petition to extend Exemption No. 9726. 

It explains the basis for our decision, describes its 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), for 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 Firehawk to operate the Sikorsky S-70C 

(S-70C) helicopter for compensation or hire operations 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 conduct 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 Licensing, chapter 2, paragraph 2.1.3.2(a), 

and cannot be granted. Therefore, Firehawk will need to seek permission from the appropriate 

national/civil aviation authority in the country the 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 the basis for granting the original exemption. 
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The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would 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 the 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, which 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 exemption 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 designation or 

b. Hold a proficiency letter issued by Firehawk. This proficiency letter must 

specify that the pilot has been trained and has passed a proficiency check 

conducted by Firehawk for the operation of a restricted category S-70C operated 

by Firehawk. 

3. The proficiency letter may only be issued to individuals who have completed training and 

successfully completed a practical test conducted in accordance with the Airline Transport 

Pilot and Aircraft Type Rating Practical Test Standards for Helicopter, FAA-S-8081-20 

(ATP PTS): 

a. The applicant for a proficiency letter must have received training from the 

holder of a type rating or proficiency letter for the 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 the 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 the same person; 

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

notation: 
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Valid only for operation of restricted category S-70C helicopters operated 

by Firehawk. Valid until [enter date, 12 calendar months from date of 

issue] unless superseded, surrendered, suspended, or 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 preceding 12 calendar months 

may be substituted for recurrent flight training. 

4. The PIC of the S-70C shall carry a copy of the proficiency 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 of the proficiency letter. The person so 

named shall be issued a check airman authority by the North Florida-Orlando FSDO. This 

authorization will be renewed annually. 

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

those individuals shall be made aware of the conditions and limitations. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9726 to July 31, 2012, unless 

sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 9726 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