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 

 

BIGHORN AIRWAYS Regulatory Docket No. FAA-2015-0987

 

for an exemption from § 43.3(g) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF 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 areas where 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) Except 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 holder 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.
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The petitioner supports its request with the following information:

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 wildfires

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 allowing pilots to 

verify proper tire pressures 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 The 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 record 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 Operations 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 detrimental to BHA.

The FAA's analysis is as follows:

The FAA has determined that if proper procedures and instructions 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 equivalent to equivalent to that provided when 

certificated mechanics perform the task on BHA’s Dornier 228-202 and CASA 212-200 
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aircraft. Based on BHA’s policy stated above, the FAA has determined that ,with these 

procedures and instructions in place, an 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 public interest. 

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

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

14 CFR § 43.3(g) to the extent necessary to allow BHA to would allow BHA pilots operating 

under its Part 135 on-demand operations to perform routine aircraft tire pressure checks and 

servicing, in areas where maintenance is not available, subject to the conditions and 

limitations listed below.

Conditions and Limitations

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 damage, 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 will 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 and 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. 
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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 responsibilities, 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 actions, 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/

John Barbagallo

Deputy Director, Flight Standards Service