AFS

- 15

- 1323

- E Exemption No. 17101

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

BIGH ORN AIRWAYS Regulatory Docket No. FAA

- 2015

- 0987

for an exemption from § 43.3(g) of Title 14, Code of Federal Regulations

GRANT O F EXEMPTION

By letter dated April 7, 2015, Mr. Chris Eisele

, Vice President, Director of Operations

, Bighorn Airways

, (BHA ), PO Box 4037

, Sheridan, WY 82801 petitioned the Federal Aviation Administration (FAA) on behalf of BHA for an exemption from § 43.3 (g) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow BHA pilots

, operating under its Part 135 on

- demand operations during “Fire Season

, ” to perform routine aircraft tire pressure checks and servicing, in a reas whe re maintenance is not available, in

areas described as remote locations on their Dornier 228

- 202 and CASA 212

- 200 aircraft.

The petitioner requests relief from the following regulation :

Section 43.3(g ) prescribes, in pertinent part, that :

( g) E xcept for holders of a sport pilot certificate, the holder of a pilot certificate issued under part 61 may perform preventive maintenance on any aircraft owned or operated by that pilot which is not used under part 121, 129, or 135 of this chapter. The hol der of a sport pilot certificate may perform preventive maintenance on an aircraft owned or operated by that pilot and issued a special airworthiness certificate in the light

- sport
category.2

The petitioner supports its request with the following informat ion:

The petitioner states its aircraft support operations , and similar, US Government contracts that are critical to the public interest. Due to the rugged terrain and limited access where wildfire s frequently occur on public lands, BHA provides the means to initially deploy and re

- supply firefighting personnel and equipment to support the firefighting efforts and maintain personnel safety.

The petitioner states that an equivalent level of safety will be provided by a llowing pilots to verify proper tire p ressures when a visual indication of possible under

- inflation exists (such as

due to uneven surface or aircraft loading), and that this maintains the standards of operational safety while avoiding delay to missions critical to public safety or interests Th e petitioner provides the following policy:

1. Pilots authorized to perform aircraft tire servicing will be trained on servicing procedures and precautions, including hands

- on training with a certified Airframe and Powerplant ( A&P ) mechanic. This training re cord will be retained in the pilot's training file and will have an annual recurrent requirement.

2. Calibrated tire pressure gauges will be assigned to each aircraft and kept on

board each aircraft for performing these checks.

3. Pilot procedures for checking and servicing tires will be used when

maintenance is unavailable.

4. Tires on the aircraft for which BHA seeks relief from § 43.3(g) are not high pressure tires, having a maximum inflation pressure of 80psi or

less.

5. In accordance with BHA’s General Operatio ns Manual, Chapter 7 (Maintenance Policies and Procedures), any further discrepancies will be reported to BHA’s maintenance operations corrective action, as per current procedures.

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be de trimental to BHA

.

The FAA's analysis is as follows:

T he FAA has determined that if proper procedures and ins tructions are developed

, and an adequate, approved program is developed to train pilots to perform routine aircraft tire pressure checks and servicing, in areas where maintenance is not available, in areas described

as remote locations , a level of safety e quivalent to equivalent to that provided when certificated mechanics perform the task on BHA’s Dornier 228

- 202 and CASA 212

- 2003

aircraft

. Based on BHA’s policy stated above, the FAA has determined that ,w ith these procedures and instructions in place , a n equivalent level of safety will be provided. However

, the FAA has also determined that this relief should not extend beyond the designated “Fire

Season

. ”

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the publ ic interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113

, and 44701

, delegated to me by the Ad ministrator, Bighorn Airways (BHA) is granted an exemption from

14 CFR § 43.3(g) to the extent necessa ry to allow BHA to would a llow BHA pilots operating

under its Part 135 on

- demand operations to perform routine aircraft tire pressure checks and servicing, in areas whe re maintenance is not available , subject to the conditions and

limitations listed below.

Conditions and Limitatio ns

1. Pilots must be trained in the tire pressure check and servicing procedures and precautions, including hands

- on training with an appropriately certificated mechanic (A or A&P), qualified in the task and fleet type(s).

2. Pilots must be trained in how to evaluate and understand the maintenance standards and inspection criteria for the specific wheel and tire assembly per the maintenance manual, for continued service (i.e., minimal pressure requiring removal, wall breakage, tread wear, flat spots, heat dama ge, etc. ).

3. Pilots must be trained in the specific tire pressure check and servicing equipment intended to be used, including hands

- on training with an appropriately certificated mechanic (A or A&P), qualified in the task and fleet type(s )

4. This training w ill be recorded and retained in the pilot's training file.

5. This training will be an annual recurring requirement, and no pilot may perform the procedures unless he/she has been trained within the previous 12 months.

6. Maintenance manual(s) procedures are available when the tire pressure checks and servicing are being performed.

7. Equipment, tools (including calibrated), and special equipment called out in the maintenance manual procedures are available and used when accomplishing the tire pressure checks a nd servicing.

8. Any servicing performed at the remote locations by pilots as part of this exemption will be recorded/documented in the aircraft/maintenance logbook.4

9. All servicing performed at the remote locations by pilots as part of this exemption will be evaluated by an appropriately certificated (A or A&P) mechanic upon arrival to a base where maintenance facilities or support is available.

10. BHA’s policy, procedures, pilots and maintenance program manuals outlining these requirements and responsibiliti es , must be kept on the aircraft or must be maintained at BHA’s headquarters and made available to a representative of the Administrator upon

request.

.

11. BHA must provide a compliance plan to its Flight Standards District Office (FSDO) detailing these act ions, prior to operations using this exemption.

This exemption terminates on August 31, 2018 , unless sooner superseded or rescinded.

Issued in Washington, DC, on August 22, 2016

.

/s/

Jo hn Barbagallo Deputy Director, Flight Standards Service