AFS

- 15

- 3075

- E Augus t 11, 2015

Exemption No. 12449 Regu latory Docket No. FAA

- 2015

- 3010

Mr. Tom Woodward Sky Aviation Corporation 1444 Airport Rd Worland Wy oming , 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 Decisio n

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) t o the extent necessary to al low SAC to conduct operations needed to satisfy crewmember training, type rating requirements, and proficiency requirements found in part 61 in the CH

- 4 6E series restricted category aircraft.

Section 91.313(a) limits operation of a restricted category air craft 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 tra ining 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 paragra ph (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 a lthough 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).2

The FAA has determined that good cause exists for not publishing a summ ary 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 r espects to those presented in your petition. In Grant of Exemption No

. 11 383 (copy e nclosed), the FAA

found that an exemption was appropriate to allow Billings Flying Service to conduct practical tests, proficiency training, and associated flights in rest ricted category aircraft.

Having reviewed your reasons for reque sting an exemption, I find that:

• T hey are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 11 383 ;

• T he reasons stated by the FAA for gran ting the enclosed Grant of Exemption No. 11 383 also apply to the situation you present; and

• F or the reasons stated in Grant of Exemption No. 11 383 a grant of exemption is in the public interest.

Our Decision

Therefore, pursuant to the authority co ntained 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

- 4 6E : N 461WY

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

,3

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 pr ovided 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 t o meet the applicable requirements of the aircraft type rating Practical Test Sta ndards (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 ai rcraft 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 o n ly 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 th at 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