U.S.DeportmentofTransportationFederalAviationAdministrationFebruary9,2015JosephBrennanChiefProgramPilotSikorskyAircraftCorporationP.O.Box97291MailStopS212ACT06615-9129DearMr.Brennan:ExemptionNo.11030A800IndependenceAve..SwWashingtonDC20591RegulatoryDocketNo.FAA-2014-0040Thisletteristoinfom1youthatwehavegranted,inpart,yourrequesttoamendExemptionNo.11030.Ittransmitsourexplainsitsbasis,andgivesyoutheupdatedconditionsandlimitationsoftheincludingthedateitends.TheBasisforOurDecisionByletterdatedAugust27,2014,youpetitionedtheFederalAviationAdministration(FAA)onbehalfofSikorskyAircraftCorporation(SAC)foramendmentstoSAC'sexemptionfrom§§61.3(a)(l)and91.9(a)ofTitle14,CodeofFederalRegulations(14CFR).ThatexemptionallowsSikorskytoconductsalesdemonstrationcustomercrewtrainingandcustomeracceptanceflightsintheS-70iandsalesdemonstrationflightsintheS-92aircraft.TheFAAhasdeterminedthatgoodcauseexistsfornotpublishingasummaryofthepetitionintheFederalRegisterbecausetherequestedexemptionwouldnotsetaandanydelayinactingonthispetitionwouldbedetrimentaltoSAC.InyouryourequestedseveralamendmentstoExemptionNo.11030:1)ExemptionNo.Iasamended,allowednon-U.S.certificatedpilotstomanipulatethecontrolsoftheS-92forsalesdemonstrationflightsprovidedtheyareaccompaniedbyanappropriatelycertificatedandratedpilot-in-command(PIC).ThisexemptionexpiredonJune2014.ExemptionNo.11030,issuedonJulyretainedthereliefpreviouslygrantedforoperationsconductedintheS-92.ExemptionNo.11030alsointroducedallowanceofsalesdemonstration,crewtrainingandcustomerAFS-14-451-Eacceptance flights for the S-70i

, and impo sed additional requirements

for the PIC operating that aircraft type.

2 SAC requested
the FAA amend the conditions and limitations

to allow customer acceptance
and crew

t r a in ing flights
in the
S - 92. The FAA finds the

r ationale

fo r allowing crew training and customer acceptance

, in addition

to sales demonstration flight

, in the S-70i would also ap ply to operations

in the S-92. Therefore,
the FAA has amended condit

i on and limitati on No.

1 to include crew training and acceptance flights i n t he S-92. The FAA has mad
e corr esponding amendments

to con dition and limitation No.
3 pertaining

to the requirement

s for PICs operating the S-92. These requirements now mirror the previously

es tabl ished requirements

for PICs conducting S-70i operations, and
h ave
b een edit ed fo r clarity. The FAA finds that SAC's request wou ld not subs tan tia ll y affect safety and that the relief would

st ill be in the public interest. 2) Previous cond ition and limitation No.

1 (d) required that operations

be conducted

in visual
m eteor olo g ical conditions (VMC) and betw een official

s unrise and sunset. SAC requested that th e FAA amend this text to allow operations

at ni ght. According

to the petitioner

, night flying operations
are part of SAC 's marketing and training syllabus provided

to their customers. This includes night vision goggle (NV G) training. The FAA finds that pilots trained and experienced

w ith NVG devices sign

i ficantly e nhance flight safety during periods
of darkness. Further, we believe that the requirements listed
in condition and limitation No.
3 for pilots acting
as PIC, including the added requirement

for the NVG endorsement described by§ 61.195

( k)

, provide adequate experience necessary
for night operations. The FAA does

n ot env ision any safe ty or pub

l ic interest

i mpact and ha s amended condition and limitation No.

1 (d) to allow flight operations

at night and for operations using NVGs. 3) SAC requested
the FAA make amendme

nt s to the cond

i t ion
s and limitations describing who must be on board the aircraft during operations conducted under this exemption. SAC requested crew chiefs and flight engineers

be permitted

in the back (i.e., not in the cockpit)
of the aircraft.

I n its petiti on, SAC indicat ed both the S-92 and S-70i aircraft can be so ld with

a search an d rescu

e (SAR) option that includes

a hoist and SAR conso
le that
is operated
by a crew chief or flight eng

i neer from the rear of the aircraft while
in fli g h t. This configuration must have

a qualified operator

to demonstrate
and train the customer's SAR personn

e l. On flights that do not require demonstration

of the SAR option

, SAC noted that

a crew chief or flight eng ine er cou ld enhance safety by assisting

in traffic and obstacle clearance.
Th e FAA so u ght clarification

of thi
s request from SAC. In a telephone call on December 16,2014

, the petitioner indicat ed it intend

s, at all tim es, to operate the aircraft with

a person designated

as a crew chief or flight engi
n eer

.The FAA agrees that the requ ested amendment would

n ot adversely affect safety due to the requir ed qualifications

of the additional

c r ewmem bers and the fact that these persons can assist the pilots with traffic and obstacle avoidance. Therefore,
the FAA ha s added condition and limitati on No.
5 to allow for those serving
as crew chiefs and/or flight engineers

to be present
on board the aircraft. 4) Previous condition and limitati on No.5 required

, among other things that

a second SAC pilot be on board who is not acting
as PIC of the aircraft.

I n its petition

, SAC asked for relief and removal
of the requirement

for
a second SAC pi
l ot to be onboard. SAC stated that the rotorcraft

fli g ht manual only requires
tw o pilot

c rewmembers. SAC further noted
th ere is no reference

to any re gu lation requiring

an add iti onal third pilot to be onboard.

3 Th e FAA has conside red this request and finds that there
is no practica

l or necessary reason requirin g a secon

d SAC pilot to be on board

, in large part because the aircraft

is not designed

to a llow fo r an inflight pilot chang

e . The second SAC

p il ot could never have access
to the controls from the jump seat in the eve nt the PIC or SIC became incapacitated

in flight. Additionally

, there
is no rotorcraft flight manual

( RFM) requiring

a three

p il ot crew. The FAA has amended condition and limit ation No.5 to elimi nate

t h e requirement

for
a second SAC pi l ot. The FAA finds this acceptab

l e give
n the reasons above and in consideration

of the

r equ irement for
a crew chief or flight eng in eer. However,
the FAA does not seek to restrict SAC from including

an additional com pan y pilot if deemed appropriate

by the PI C. Therefo

re

, the FAA has amended condit ion and limitation No.
7 for clarity and

t o allow inclusion
of a person that meets the requirem ents of former condition and
li mitation No

. 5. 5) Co ndition and
li mitation No.8 states that Exemption No. 11030

i s not valid for operat ions out

s ide the United States. SAC petitioned
the FAA to remove the require ment if SAC were to conduct operat ion
s outside the U.S. The FAA reiterates that this exempt ion

i s limited

to operations conducted
wit hin the U.S. in accordan

ce with

§ 1 1.83. As previously

no te d, if SAC wishes

to opera

t e this exemp tion outside

th e United States, SAC must petition the FAA for suc h relief and include the reasons for the reque

s t. The FAA does not find that SAC has adequately provided reasons for such relief in

i ts latest petition. Therefore,
the FAA has not amended condition and limitation No. 8. 6) T h e FAA has made

o t her minor ed its to the condit

i ons an d limit ations for consistency and to clarify our intent.4 Our Decision Under

t h e authority contained

in 49 U.S.C.
§§ 106(f)

, 40113

a nd 44701

, which the FAA Administrator

has delegated

to me

, I hereby gran

t Sikorsky Aircraft Corporation

an exemption trom 14 CFR §§ 61.3(a)

( 1) and 91.9(a)

to the extent necessary

to co ndu ct sales demonstration flights, customer crew training and customer acce ptan ce flights
in both the
S - 70i and the S-92

, su bject to the conditions and limitations described

be
l ow. Conditions and Limitations 1. All flight operat

i ons for th e S -70i and S-92 using the privileges

of this exe mption are limited
to: a. flights for sales demonstration purposes; b. custo mer crew training

; c. c u stome

r acceptance purposes; d. ope

r a tions conducted

in: i. visual meteorological conditions (VMC) day

; or, ii. VMC night (includin

g under night vision gogg

l es (NVG)); and e. operat ions that do not involv

e: i . delivery
of an aircraft; ii. maintenance

or manufacturing flight testing; or, iii. flights under

a spec

i a l airworth iness certificate

in the experimental category other than for purpose
of sa le s demonstration. 2. SAC must be in full operational control of any aircraft operated using th e privileges of this exemption. 3. The pilot-in-command
(PIC) of any flights operated

u si ng the privileges

of this exemption must: a. hold

a vali d U.S. commercia

l p il ot certificate

or airline transport pilot (A TP) certificate, with

r otorcraft category, helic opter

c lass, and either an S-70 or S -92 type rating corres ponding
to the aircraft

to be flown under the privileges ofthis exemption; b. hold an FAA flight instructor certificate with

a rotorcraft category and he li copter class rating

; c. be d es ignated
by SAC as a n instructor pilot in the either the S-70i or S-92 co rre spondi ng to the aircraft

to be flown under the privileges

of this exemptio

n ; d. hold

a va lid U.S. first or second class medical certificate;e.haveloggedatleast50f1ighthoursasPICofanS-92orS-70icorrespondingtotheaircrafttobeflownundertheprivilegesofthisexemption;f.bedirectlyemployedbySAC;g.remainthePICforthedurationoftheflight;and,h.forflightsconductedbetweensunsetandsunrise,haveanNVGendorsementdescribedby§61.195(k)withrotorcraftcategoryandhelicopterclass.4.Thepersonactingassecond-in-command(SIC)ofanyflightoperatedusingtheprivilegesofthisexemptionmust:a.beabletospeakandunderstandtheEnglishlanguage;b.beanauthorizedrepresentativeofabranchoftheU.S.orforeignmilitaryservice,orbeanauthorizedrepresentativeofalegitimatepotentialpurchaserofanS-92orS-70iaircraft,asapplicable,fromSAC;and,c.Meetoneofthefollowing:i.HoldavalidU.S.commercialpilotcertificateorairlinetransport5pilotcertificatewithrotorcraftcategoryandhelicopterclassrating;or,apilotcertificatewithrotorcraftcategoryandhelicopterprivilegesissuedbyanICAO-memberstate;or,ii.HoldmilitaryordersorotherdocumentationidentifyingthepersonasbeingratedasahelicopterpilotandacurrentmemberofabranchoftheU.S.orforeignmilitaryservice.5.Allflightoperationsusingtheprivilegeofthisexemptionmustbeoperatedwithatleastonequalifiedcrewmemberonboard,(otherthanthepersonsidentifiedinConditionsandLimitationsNos.3and4)who:a.isemployedbySAC;b.SAChasfoundtobequalifiedtoactasacrewchieforflightengineerintheS-92orS-70i,asapplicable;andc.forflightsconductedbetweensunsetandsunrise,iscurrentandqualifiedbySACforNVGoperations.6.Forallflightoperationsusingtheprivilegesofthisexemption,thePICmustconductapreflightbriefingwitheachpilotandadditionalcrewmember,toinclude:a.areviewoftheconditionsandlimitationsofthisexemption;b.areviewoftheintendedflightincludingallmaneuverstobeperformed;and,c.areviewofallnormalandemergencyproceduresfortheS-92orS-70i,asapplicable.7
. No indi
v idual other

t h an tho se listed below
in this condi

t ion and limit at ion may be on board the
a ir craft during

a fli g ht conducted

u s ing

t he privileges

of thi
s exempt

i o n : a. Th e PIC iden

t ifi e d b y Condition and Limit
at ion No.3; b. Th e SIC identified

b y Cond iti on and Limitation No.
4 ;

6 c. The crew chie fs and fl i ght
e n g ineers
id e ntified by Condit

i on and Lim

i tation No. 5; d
. If d eterm ined necessary

fo r the conduct
of the flight by the PIC

, a person that meets the foll ow in g r equire men ts: i. is employ

e d by SAC; ii. is not acting
as PIC oft he aircraft

; iii. holds the ap propriat

e U.S. airman and medi ca
l cert ificat es to act as SIC in either the S-92 or S-70i, as applicable; and

, iv. SAC ha s found to b e qualified

to se rve as S I C in the
S - 92 or S-70i,

a s applicable. 8 . This exe mpt ion

i s not
v alid fo r op eration s o ut si de of th e U nited States. This exemption term

i nates

o n Decemb

e r 3 1 , 2016

, un

l ess soo n e r s uperseded

or re s cinded. **Si ncerely**  **~ bvjj~**  Joh
n Barbagallo A c ti.ng Deputy Du-ector,

F light Standa rd s Service