AFS

- 15

- 406

- E Exemption No. 11898

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

AERO AIR, LLC Regulatory Docket No. FAA

- 2015

- 0057

for an exemption from § 91.213 (a)(b) and (d) of Title 14, Code of Federal Regulations

GRANT OF EXEMP TION

By letter dated December 15, 2014 , Mr. Steve Boyce, Director of Maintenance, Aero Air, LLC, (Aero Air), Portland

– Hillsboro Airport, 2050 NE 25 th Avenue, Hillsboro, OR 97124, petitioned the Federal Aviation Administration (FAA) on behalf of Ae ro Air for an

amendment and extension to Exemption No. 10031 B , originally issued to Butler Aircraft (Butler). Also b y letter dated November 5, 2012

, and posted to the docket (FAA

- 2002

- 11937) on December18, 2012, Mr. Steve Boyce, petitioned the FAA on behal f of Aero Air for an

amendment to Exemption No. 10031, issued to Bu tler. In the November 5, 2012, petition, you indicate d that Aero Air acquired the operating assets of Butler, which include d three

DC

- 7 series aircraft for use in firefighting activities . The amendment you request ed would change the exemption holder from Butler to Aero Air

. You stated that exemption from § 91.611 of Title 14, Code of Federal Regulations would allow Aero Air to conduct ferry flights with one engine inoperative on its DC

- 7 / DC

- 7B aircraft (registration Nos. N401US, N6353C and N838D) to a base for the purpose of repairing that engine without obtaining a special flight permit for each flight. Since Butler ’s assets were acquired by Aero Air, the FAA

erred in not issuing Aero Air a new exemption number, therefore, to correct the previous

error, the FAA will treat this as a new petition for exemption by Aero Air rather than an extension or transfer of the exemption previously granted to Butler and Aero Air

.

The petitioner reque sts relief from the following regulations:2

Section 91.213 states, in pertinent part, that no person may take off an aircraft with inoperative instruments or equipment installed unless an approved MEL exists for

that aircraft and a letter of authorization to operate under that MEL is aboard the

airc raft.

The petitioner supports its request with the following information:

1. The requirements of test flight found in § 91.611 have already been proven to the FAA

for the DC

- 7 series aircraft and there should be no need to revalidate this information.

2. Aero Air has an “aggressive” training program to facilitate the operation of these aircraft in firefighting operations. In fact, the petitioner states, several flight crew

members are the same as those covered un der the Butler exemption.

3. Aero Air supports its ability to operate under an equivalent level of safety by stating

that its processes and procedures are patterned after its part 135 operations. The petitioner states that each pilot has been provided “ade quate” training under Aero Air’s training program to conduct three engine ferry flight operations and an entry will be made in each pilot’s log book to validate the authorization to perform three

- engine ferry.

4. Aero Air states that g ranting this exemption will allow for the most expeditious means

of ferrying an aircr aft with one engine inoperative to a location where an e ngine change can be performed without the ne ed to wait for an FAA ferry permit. Eliminating a delay, the petitioner argues, will allow the aircraft to re turn to firefighting operations in a timely manner

, minimizing the impact to the taxpayer and enhancing the ability to protect damage to property and the environment due to fire

.

The FAA has determined that good cause exists for waivin g the requirement for Federal Register publication because any delay in acting on this petition would be detrimental to Aero

Air.

The FAA's analysis is as follows:

The petitioner states that the requirements of test flight found in § 91.611 have already been proven for the DC

- 7 series aircraft. The FAA agrees that the DC

- 7 series aircraft approved Airplane Flight Manual (AFM) contains airplane performance data with one engine inoperative per § 91.611(a)(2) and was test flown and found satisfactory in acc ordance with § 91.611(b). Operations in accordance with the AFM will provide an equivalent level of safety to the regulations from which exemption is sought.

Aero Air states that it has an “aggressive” training program . The FAA agrees that Aero Air

h as a documented pilot training program for operations under 14 CFR part 135 which includes ferrying of these aircraft with one engine inoperative. The FAA believes that adequate training of each pilot in command in three

- engine ferry flight operation can be controlled and verified by requiring the appropriate entry be made in his/her logbook by a person so3

authorized by Aero Air. Although the FAA cannot transfer Exemption No. 10031, as amended, to Aero Air, we can consider the fact that Aero Air has acqui red the operating assets and some flight crewmembers from Butler when conducting the safety analysis. The Flight

Standards District Office confirmed that three

- engine ferry operations were conducted safely during the period Butler operated the DC

- 7 series aircraft under E xemption No. 10031 , as amended

.

Aero Air states that g ranting this exemption will allow for the most expeditious means of

re locating an aircraft with one inoperative engine to a location to perform the engine change

without the ne ed to w ait for the FAA to issue a ferry permit. The FAA agrees that granting the exemption with appropriate conditions and limitations will create efficiencies in the use of FAA and taxpayer resources while simultaneously providing a means for the aircraft to be repaired and returned to public service as a firefighting asset without compromising safety.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption provides an equivalent level of safety and is in the public interes t. Therefore, pursuant to the authority contained

in 49 U.S.C. §§ 40113 and 44701 delegated to me by the Administrator, Aero Air, LLC is granted an exemption from 14 CFR §§ 91.213(a), (b), and (d) to the extent necessary to allow

Aero Air to conduct ferry flights with one engine inoperative on its DC

- 7 / DC

- 7B aircraft (registration Nos. N401US, N6353C, and N838D) to a base for the purpose of repairing that engine without obtaining a special flight permit for each flight , subject to the conditions and

limit ations listed below.

Conditions and Limitations

1. This exemption is limited to ferry flight operations under § 91 .213 with one engine inoperative. No other inoperative instruments or equipment is permitted under this exemption.

2. A copy of this exemption must be carried on board the applicable aircraft at all times.

3. The AFM and operator’s manual must contain performance data and operating and maintenance procedures for the safe operation of the airplane as provided in § 91.611 and approved by the FAA Flight St andards District Office responsible for Aero Air.

4. All one

- engine

- inoperative ferry flights must be conducted in accordance with the operational requirements of § 91.611 and the provisions contained in the FAA

approved AFM required by Aircraft Specification 4A10.

5. The inoperative engine shall be inspected by an appropriately certificated person to determine that it will not adversely affect the ferry flight.

6. Flights will be permitted only when visual flight rule conditions exist at points of

takeoff and landi ng or any alternate points of landing.4

7. Each crew member must be adequately trained in three

- engine ferry flight operation, in accordance with the requirements contained in § 91.611(a)(6), and each pilot in command must have an appropriate entry made in his /her logbook by a person so authorized by Aero Air documenting the training.

8. This exemption is not valid for operations outside of the United States.

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

Issued in Washington , DC, on June 24, 2015.

/s/

John S. D uncan Director, Flight Standards Service