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Protected Information Sikorsky A Lockheed Martin Company 6900 Main Street Stratford, CT 06615

- 9129 Mailstop S212A4 Telephone +1 203 • 386 • 4000

US Department of Transportation Federal Aviation Administration 1200 New Jersey Avenue SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

June 7, 2016

Sikorsky Aircraft Corporation

— (1) Request extension of Exemption 11030 A for the S

- 70i and S

- 92 , (2) Amend Exemption 1 1030 A to read S

- 70, (3) Amend Exemption 1 1030A to remove restrictions , thereby allowing flight s under a special airworthiness certificate.

Reference: a) 14 CFR 61.3(a)(1)

b) 14 CFR 61.55(g) c) Exemption 11030A, Regulatory Docket No. FAA

- 2014

- 0040 d) S

- 70 Operator's Manual e) S

- 92 Rotorcraft Flight Manual

Based on the continuing requirement for Sikorsky , A Lockheed Martin Company, to conduct demonstration, customer pilot training, and customer acceptance flights with a variety of foreign customer pilots, Sikorsky requests an extension of the previously gran ted exemption from the requirements of section 14 CFR 61.3(a)(1). This section requires all pilots to hold a FAA pilot license in accordance with the requirements of the Operator's Manual which states, "the minimum crew required to fly the helicopter is tw o pilots". In addition, Sikorsky requests an amendment to the exemption allowing for operation of the S

- 70 and to allow flights under a special airworthiness certificate.

Discussion :

The S

- 70 and S

- 92 operator manual s require two pilot crewmembers. While airmen holding an appropriate FAA certificate can occupy the second in command seat to perform flight of the S

- 70 and S

- 92 in U.S. airspace per 14 CFR 61.55(g), otherwise qualified individuals lacking FAA certificates may not. This precludes Sikorsky from allowing the pilots of many foreign customers to manipulate the controls during demonstration, pilot training, or acceptance flights in the aircraft. This requirement most directly and negatively affects Sikorsky's foreign military aircraft sales
and training contracts, where the foreign military pilots typically do not hold civil airman certificates from their own country.

Pertinent regulations:

Section 61.3(a)(1) prescribes, in pertinent part:

(a) Pi lot certificate. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person

--

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical p ossession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization.

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Protected Information Rationale for extension/amendment:

(1) Request extension of Exemption 11030A for the S

- 70i and S

- 92

. Sikorsky request s to c ontinue to operate in accordance with limitation established by exemption 11030A where all customer pilots are required to have in their possession a valid U.S. commercial pilot certificate or airline transport pilot certificate with a rotorcraft/helicopte r rating or, a pilot certificate with rotorcraft/helicopter privileges issued by an ICAO

- member state, or hold military orders or other acceptable documentation identifying the person as being rated as a helicopter pilot and a current member of a branch of the U.S. or foreign military service. All Sikorsky pilots will possess a valid U.S. commercial pilot certificate or airline transport pilot certificate, S

70 or S

- 92 type rating with a current 61.58, and a FAA certified flight instructor certification.

(2) Request Amend ment to Exemption 11030A to read S

- 70 . Amend exemption 11030A to read S

- 70
instead of S

- 70i in order to extend the exemption privileges to all S

- 70 models identified on figure 5

- 88 (Pilot Cer tificate Aircraft Type Designations

- Helicopter) of FAA Order 8900.1. Sikorsky Aircraft currently
manufactures , operates, and trains in al l the aircraft listed on figure 5

- 88 which are also operated by a number of foreign military services and foreign comme rcial operator s

. The extension of privileges in th is exemption to all S

- 70 type designation aircraft will allow customer pilots to participate in demonstration, pilot training, and customer acceptance flights. Only Sikorsky instructor pilots that are designated instructors
in the S

- 70 models per figure 5

- 88 will exercise duties as Pilot

- In

- Command

.

(3) Request Amend ment to Exemption 11030A to remove restriction on page 4, para 1(e)(iii) ;

“ Flights under a special airworthiness in the experimental category other than for purpose of
sales demonstration”

. Thereby allowing flights under a spe cial airworthiness certificate. The
current conditions and limitation s of exemption 11030A does not allow customer to participate in training flight s or customer acceptance on aircraft that are operated under a special airwo rthiness certificate in the experimental category. This limitation places a requirement on foreign customer pilots to obtain a U.S. commercial pilot certificate in order to receive training or accept aircraft acquired from our company. In many cases foreig n military pilots are not required to hold a commercial pilot license or have the means to
ob tain a commercial license and will do not meet the requirements to apply for a temporary FAA Private pilot certificate on the basis of a foreign pilot license, in accordance with 14CFR Part 61.75

. Therefore
, customer s will not be able to satisfy the Second

- In

- Command requirements of 14 CFR 61.55(g). Additionally, S

- 70 aircraft currently being manufactured by Sikorsky for foreign sales do not hold a type
certi fi cate

. C onsequently
, it requires the aircraft to be operated under a special airworthiness cer t i fi cate which prevents customer pilots from participating in aircraft accept ance and pilot training.

If granted the e xtension/ a mendment, Sikorsky will continue to impose the following conditions and follow the
limitations listed in exemption 11030A :

1. All flight operations using the privileges of this exemption are limited to operations conducted in visual meteorological conditions (VMC) entirely that do not involve maintenance, engineering or manufacturing flight testing and are limited to the following purposes:

a. Flights for sales demonstration purposes;
b. Customer crew training;

c. Customer acceptance purposes;

2. Sikorsky pilots must be in full operational control of any aircraft operated using the privileges of this exemption.

3. All flights must be approved by properly designated personnel at Sikorsky

.

4. T he Pilot

- In

- Command (PIC) of all flights operated under this exemption must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate with a S

- 70 or S

- 92 type rating and current 61.58;

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Protected Information b. Hold a valid U.S. first or second class medical certificate;

c. Be directly employed by Sikorsky, or contracted to conduct demons tration, customer pilot training, or customer acceptance flights on behalf of Sikorsky; and,
d. Must be an FAA certified flight instructors (CFI) and be designated by Sikorsky as an instructor pilot in the different S

- 70 /S

- 92 models ; and,

e. Must remain the PIC for the duration of the flight.

5. P erson s acting as S econd

- I n

- C ommand (SIC) of any flights operated using the privileges of this exemption must:

a. Be able to competently speak and understand the English language;
b. Be an authorized representative of the U.S. or foreign military service, or be an authorized representative of a legitimate purchaser or legitimate potential purchaser of an S

- 70 or S

- 92
aircraft from Sikorsky ;

c. Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate with a rotorcraft/helicopter rating; or, a pilot certificate with rotorcraft/helicopter privileges issued by
an ICAO

- member state; or,
d. Hold military orders or other acceptable documentation identifying the person as being rated as a helicopter pilot and a curre nt member of a branch of the U.S. or foreign military service.

e. May manipulate the controls for the purposes of sales demonstration, customer pilot training, or customer acceptance purposes when accompanied by a PIC who meets the requirements of
Condition N o. 4 ;

6. The PIC must provide each demonstration, customer training, or customer acceptance pilot a preflight briefing to include:

a. A review of the conditions and limitations of this exemption;
b. A review of the intended flight including all maneuvers to be per formed; and,

c. A review of all pertinent emergency procedures for the S

- 70 or S

- 92.

7. Only persons or property necessary for the conduct of sales demonstration, customer training, or customer acceptance flights are permitted on board the aircraft when conduct ing any flights using the privileges of this exemption. The PIC is responsible for determining whether persons or property to be carried are necessary for the flight.

For clarification about this request, please contact the undersigned at 203

- 383

- 6400, or email at joe.g.nieves@lmco.com

Sincerely,

José G. Nieves Chief Pilot, Standardization and Training Sikorsky Aircraft Corporation 6900 Main St. Stratford CT 06615