AFS-11-265-E May 16, 2011

Exemption No. 5210L Regulatory Docket No. FAA-2001-8870

Mr. W. Michael Radoslovich Massachusetts Institute of Technology Lincoln Laboratory—Flight Facility
244 Wood Street Lexington, MA 02420

Dear Mr. Radoslovich:

This letter is to inform you that we have granted your petition to extend and amend Exemption No. 5210, as amended. It explains the basis for our decision, describes its effect, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated April 6, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Massachusetts Institute of Technology (MIT) for an extension and amendment to Exemption No. 5210, as amended. That exemption from § 91.319(c) of Title 14, Code of Federal Regulations (14 CFR) allows MIT to opera te the following aircraft certificated in the experimental category, over densely populat ed areas or in congested airways:

N105TB Gulfstream II N404PA Boeing 707
N448TB Dassault Falcon 20
N20NY Dassault Falcon 20
N63AR DeHavilland Twin Otter DHC-6

In addition, the amendment you request would remove the DeHavilland Twin Otter (Registration No. N692AR) from this exemption.2

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.

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested extension and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to

MIT.

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 5210, as amended, 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 below.

Conditions and Limitations

1. Operations under this exem ption are limited to contracts with agencies of the United States Federal Government, such as the Department of Defense.

2. Before all initial operations conducted under each new contract or amendment to an existing contract described in condition No. 1, the following information must be submitted to the FAA Eastern Region F light Standards Division (AEA-200):

a. Scope of the operation, that is, a general description of the purpose, duration, geographic location, type of aircraft, m odification to those aircraft, altitudes, and airspeeds anticipated, and why the operation is in the public interest; and

b. Name, address, and telephone number of the contracting agent of the Federal Government agency administering the contract.

3. Operations under this exemption are limited to aircraft initially certificated as standard category.

4. All aircraft must be listed with an approval for use by the FAA Manufacturing Inspection Office (ANE-180), New Engla nd Region headquarters, 12 New England Executive Park, Burlington, Massachusetts 01803, and the Boston Flight Standards District Office (FSDO), One Cr anberry Hill, Suite 402, Lexington, Massachusetts 02421-7394, before the initial flight under this exemption or each time an aircraft is added to or deleted from the list. The petitioner shall mail a copy of this exemption to both ANE-180 and the Boston FSDO.

5. Before the operation under this exemption, all proposed modifications to aircraft must be submitted to both ANE-180 and the Boston FSDO for FAA approval.3

6. MIT must obtain revised operating limitations issued in the aircraft listed for the airworthiness certificates issued for each aircraft covered by this exemption, as amended, to continue conducting operations under the exemption.

7. Only personnel and equipment essential to the flight may be on board during operations under this exemption.

8. No aircraft may be operated under this exemption until it has been flight tested outside congested airways and not over densely populated areas and has shown
that—

a. The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed;

b. The aircraft has no hazardous operating characteristics or design features; and

c. All flightcrew personnel have been thoroughly briefed concerning the aircraft modification, flight test in detail, and any changes to the aircraft’s flight characteristics. Additionally, changes outside the aircraft’s performance envelope specified by the FAA-approve d flight manual must be placarded.

9. Notwithstanding the experimental nature of the internal and external electronic modifications made for the specific purpose of research and development, no aircraft may be operated under this exemption unless it is maintained in accordance with the appropriate requirements in 14 CFR for standard category aircraft.

10. Pilots must hold at least a commercial pilot certificate with an instrument rating and, if required, the appropriate type rating.

11. To act as pilot in command (PIC) of an aircraft under this exemption, pilots must have at least 50 hours in the type of aircraft (if a type rating is required) and at least
10 hours in the make and model of aircraft.

12. Aircraft that would require two pilots if certificated in standard category must have a PIC and second in command who are current and qualified in accordance with part 61.

13. Aircraft operated under this exemption must maintain an en route altitude of no lower than 7,000 feet above ground level over densely populated areas. Additionally, where possible, aircraft operating under visual meteorological conditions must avoid flights over congested areas.

14. MIT must request approval from the appropriate FAA air traffic control facility for all flights into a congested airway.4

15. For all high speed operations that do not meet the provisions of § 91.117, MIT must receive approval from the FAA FSDO having jurisdiction over the area where the operation will be conducted.

16. For all low-level operations that fail to meet the provisions of § 91.119(b) or (c),
MIT must receive a waiver from the F AA FSDO having jurisdiction over the area where the operation will be conducted.

Our decision extends the termination date of Exemption No. 5210, as amended, to July 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/
John M. Allen Director, Flight Standards Service.