AFS-15-3075-E

August 11, 2015

 Exemption No. 12449

 Regulatory Docket No. FAA-2015-3010

Mr. Tom Woodward

Sky Aviation Corporation

1444 Airport Rd

Worland Wyoming, 82401

Dear Mr. Woodward:

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

By letter dated 15 July, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Sky Aviation Corporation (SAC) for an exemption from §§ 91.313(a) and (b) of 

Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow SAC to

conduct operations needed to satisfy crewmember training, type rating requirements, and 

proficiency requirements found in part 61 in the CH-46E series restricted category aircraft.

Section 91.313(a) limits operation of a restricted category aircraft to: (1) the special purpose 

operation for which it is certificated; and (2) an operation necessary to accomplish the work 

activity directly associated with that special purpose. 

Section 91.313(b) allows an operator to consider flightcrew member training in a special 

purpose operation for which the aircraft is certificated to be an operation for that special 

purpose under paragraph (a). Although petitioner has requested relief from § 91.313(b), such 

relief is not necessary because relief from paragraph (a) permits SAC to use its restricted 

category aircraft to conduct flight training and testing necessary to provide type ratings to its 

flight crew members.

Further, and although not specifically requested, the FAA believes that relief from § 91.313(c) 

will be necessary in order for the petitioner to conduct operations described in its request. 

Therefore, the FAA is construing the petition as a request for relief from § 91.313(c).
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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 exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to SAC.

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. 11383 (copy enclosed), the FAA 

found that an exemption was appropriate to allow Billings Flying Service to conduct practical 

tests, proficiency training, and associated flights in restricted category aircraft. 

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. 11383;

• The reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11383

also apply to the situation you present; and 

• For the reasons stated in Grant of Exemption No. 11383 a grant of exemption is in the 

 public interest.

Our Decision

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701 

delegated to me by the Administrator, I grant Sky Aviation Corporation (SAC) an exemption

from 14 CFR §§ 91.313(a) and (c) to the extent necessary to satisfy crewmember training, 

type rating requirements, and proficiency requirements found in part 61 in the CH-46E series 

restricted category aircraft, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. The privileges of this exemption are limited to the following aircraft:

a. CH-46E: N461WY

2. SAC must be in full operational control of any aircraft operated using the 

privileges of this exemption.

3. The relief from § 91.313(c) is only granted to the extent necessary to allow for the 

operations described in Condition/Limitation No. 4.

4. SAC may only use the aircraft for the special purposes identified on the restricted 

category airworthiness certificate for the aircraft specified in Condition/Limitation 

No. 1 and the following operations:

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots 

employed by SAC,
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b. Flight training for pilots employed by SAC seeking to take a practical test for a 

type rating designation necessary to operate an aircraft covered under this 

exemption; and, 

c. Observation flights performed for the purpose of designating or observing a 

Designated Pilot Examiner (DPE). 

5. An aircraft configuration analysis including, but not limited to, flight deck, flight 

manual, operating limitations, required placards, and procedures must be 

completed and provided to the Flight Standards District Office (FSDO) with 

geographic responsibility for the airport or area where the aircraft is based. This 

analysis must reflect the capability of the aircraft to perform all required 

procedures and maneuvers necessary to meet the applicable requirements of the 

aircraft type rating Practical Test Standards (for helicopters, FAA-S-8081-20 as 

amended).

6. A copy of this exemption must be provided to the FSDO with geographic 

responsibility for the airport or area where the aircraft is based, must be provided 

to any representative of the Administrator upon request, and must be carried 

aboard the aircraft at all times. 

7. Failure to meet any of the conditions of this exemption immediately cancels the 

authority authorized by this exemption.

8. The privileges of this exemption may be exercised only for flights within the 

District of Columbia, the 48 contiguous United States, its territories, and the states 

of Alaska and Hawaii. This exemption is not valid for intrastate operations that 

involve flight through international airspace.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo

Deputy Director, Flight Standards Service

Enclosures