AFS

- 15

- 333

- E Exemption No. 11180

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

BILL INGS FLYING SERVICE Regulatory Docket No. FAA

- 2015

- 0104

for an exemption from § 91.313(a) and (b) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated January 16

, 2015 Mr. Jeff Cook

, Billings Flying Service

, 6309 Jellison Road, Billings, MT 59101 petitioned the Federal Aviation Administration (FAA) for an exemption from § 91.313(a) and (b) of Title 14, Code of F ederal Regulations (14 CFR). The proposed exemption, if granted, would allow Bi llings Flying Service to conduct operations needed to satisfy training, type rating requirements, and proficiency requirements found in part 61 in restricted category aircraft.

The petitioner requests relief from the following regulations:

Section 91.313(a), which prescribes in pertinent part, that no person may operate a restricted category civil aircraft for other than the special purpose for which it is certificated or in an operation other than one necessary to accomplish the work activity directly associated with that special purpose.

Section 91.313(b)

, which prescribes in pertinent part

, that operating a restricted category civil aircraft to provide flight crewmember trai ning in a special purpose operation for which the aircraft is certificated is considered to be an operation for that special purpose

.2

The petitioner supports its request with the following information:

The petitioner states that Billings Flying Service s upports the United States government in fire suppression operations and Billings Flying Service conducts these operations in S

- 61A and

CH

- 47D type aircraft, which have been issued special airworthiness ce rtificate s in the restricted category.

Billings Fl ying Service pilots operating these aircraft are subject to the type rating requirements and proficiency check requirements prescribed in §§ 61.31 and 61.58. Billings Flying Service explains that the restrictions on the airworthiness certi ficate and those found in § 91.313 have recently been interpreted to restrict the aircraft use for type rating training and pilot

- in

- command (PIC) checks.

Billings Flying Service notes that it has conducted training and proficiency check for many years, and that such oper ations are safe, present no additional risk to the public, and are in the public interest. Billings Flying Service notes that it would perform no additional maneuvers or operations, above what they have conducted in the past, under an exemption. Operations conducted under an exemption, if granted, would be in the same location for training previously used by Billings Flying Service

. The petitioner asserts that conducting these same operations, including those that would be under the oversight of an FAA Desi gnated Pilot Examiner (DPE), Aviation Safety Inspector, or Pilot Proficiency Examiner (PPE), present no
additional risk and are in the public interest.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Fede ral Register because this is not a precedent

- setting petition, and any delay in acting on this petition would be detrimental to Billings Flying Service

.

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s request and supporting information and determined that the relief requested meets an equivalent level of safety and is in the public

interest.

Although the petition requests relief from § 91.313(b), the FAA does not believe that an exemption from that provision is necessary. T his provision allows an operator to consider training for the special purpose operation for which the aircraft is certificated to be an operation for that special purpose. Since Billings Flying Service will not be conducting training directly related to th e special purpose under this exemption, relief from § 91.313(b) is not required

.

As noted, § 91.313(a) states that “no person may operate a restricted category civil aircraft for any purpose other than the special purpose for which it is certificated” or “in an operation other than one necessary to accomplish the work activity directly associated with that special purpose.” Special purpose operations for restricted category aircraft are outlined in § 21.25(b). The FAA has recently determined that practica l tests for the addition of a type rating3

designation to a pilot certificate, training in preparation for such practical tests, or other flights necessary for the conduct of such practical tests, would be contrary to the limitations described in § 91.313(a ). The FAA recognizes that the recent determination creates a regulatory barrier for operators needing to conduct flights to meet the type rating requirements of § 61.31 when a standard category aircraft in the same category, class, and type is not

reasona bly available to the operator.

Th e FAA notes that its determination that restricted category aircraft cannot be used for practical test for type ratings, does not apply to proficiency checks accomplished by those pilots that already hold the requisite ty pe rating and whose duties are to perform an operation

described in § 91.313(a). These flights, such as flights needed to satisfy the PIC proficiency checks required by § 61.58 (and associated PPE observations), are considered necessary to accomplish the w ork activity directly associated with the aircraft’s special purpose and would not require regulatory exemption.

The FAA believes that the fire suppression operations conducted by Billings Flying Service are a benefit to the public. Since these operation s cannot be conducted without appropriately trained and certificated pilots, the FAA finds that Billings Flying Service request for exemption would also be in the public interest. The FAA also believes that safety is enhanced by enabling the conduct of a p ractical test to add a type rating, as well as the training in preparation for that practical test, in the aircraft or aircraft type that will be operated by the pilot during the special purpose operation.

The FAA recognizes that airworthiness standards for restricted category aircraft do not meet the same level of safety that is required for aircraft certificated in the standard or transport
category. The operating limitations set forth in § 91.313 are designed to compensate for this and to provide the n ecessary level of safety for special purpose operations. However, the FAA finds that an equivalent level safety would be met by the conditions/limitations provided in this exemption. The FAA has issued grants of exemption in circumstances similar in all

ma terial respects to those presented in your petition. In Grant of Exemption No. 10863 (copy enclosed) , the FAA found that an exemption was appropriate to allow the Sikorsky Aircraft Corporation (Sikorsky) to utilize a restricted category aircraft S

- 61 to co nduct part 61 flight crewmember training including for those pilots not employed by Sikorsky. The FAA is issuing Billings Flying Service similar conditions and limitations as were issued in Exemption No. 10863, with modifications necessary to meet the requ ested relief

, as described below.

Exemption No. 10863 was based, in part, on that fact there are no standard category short body S

- 61’s available for use by Sikorsky. Condition/Limitations No. 1 of Exemption No. 10863 prescribed that the exemption would t erminate upon availability of a standard category short body S

- 61. This condition and limitation was appropriate for the exemption, as the

aircraft was being utilized by Sikorsky to train pilots other than those employed by Sikorsky.

The condition acknowle dged that, when a standard category short body S

- 61 became available, there would be an acceptable avenue for these other entities to obtain training without the need to utilize a restricted category aircraft. The FAA supports the use of4

restricted categor y aircraft for flight training and practical tests for type ratings for those pilots who are employed by an operator to perform special purpose operations in these aircraft. The FAA believes that, for those pilots who are not employed by an operator, the u se of restricted category aircraft for flight training and practical tests should be allowed only under narrow circumstances. Since Billings Flying Service has not requ ested to provide training to pilots that are not employed by the petitioner, t he FAA has removed condition and limitation No. 1 found in Exemption No. 10863

.

The relief granted in this exemption allow s Billings to operat e a restricted category aircraft for a practical test necessary for it s pilots to obtain a type rating designation as requ ired by § 61.31. In addition, the exemption allows Billing s to train pilots in preparation for the se practical test s . The FAA is limit ing this relief to those pilots , employed by Billings Flying

Service

, who have the intent of participating in a special purpose operation for which the listed aircraft are certificated. The exemption would also grant relief for any flights necessary to designate a DPE in one of the aircraft types listed in Condition/Limitation No. 1. The limitation on using this exe mption outside of these purposes, and by other operators, is

contained in Condition/Limitation Nos. 2 and 5.

The FAA finds that an exemption from § 91.313(c) is required for Billings to conduct the operations described in the petition. Recent legal inte rpretation by the FAA recognizes an instructor who is being paid to provide flight training in an aircraft is operating the aircraft for compensation or hire regardless of whether he or she is acting as pilot in command. The same principle applies to DPEs providing practical tests. The FAA does not seek to restrict Billings Flying Service from providing compensation to those conducting training or practical tests functions in the aircraft covered under this exemption. However, Billings Flying Service can

o nly conduct such flights if the person receiving training will be conducting special purpose operations on behalf of the operator; or, in the case of a DPE, will be conducting practical tests for the operator’s pilots. The FAA has captured this policy in C ondition/Limitation Nos.

3 and 5.

The FAA has reviewed the condition and limitation s and limitations pertaining to maintenance requirements for similar operators. The FAA finds the Type Certificate Data Sheet (TCDS) for the S

- 61A (H2EA) and TCDS for the CH

- 47D (R0011DE) provide

instruction on how the helicopters will be serviced, inspected and maintained. T he FAA has captured the requirement to adhere to the TCDS instructions in C ondition /L imitation Nos. 8

and 9.

The FAA’s Decision

In consideration of th e 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, Billings Flying Service is granted an exemption from

14 CF R § 91.313(a) and (c) to the extent necessary to allow Billings Flying Service to conduct5

operations in restricted category S

- 61A and CH

- 47D aircraft, subject to the conditions and

limitations listed below.

Conditions and Limitations

1. The privileges of th is exemption are limited to the following aircraft:

a. Sikorsky S

- 61A: N561SC; and.

b. CH

- 47D: N401AJ, N561AJ and N562AJ.

2. Billings Flying Service must be in full operational control of any aircraft operated using the privileges of this exemption.

3. The relief fr om § 91.313(c) is only granted to the extent necessary to allow for the operations described in Condition/Limitation No. 5.

4. All routes and locations used during any operation conducted under this exemption

must be accepted by the CHDO in the geographic re gion where the aircraft is to be operated.

5. Billings Flying Service may only use the aircraft for the special purposes identified on the restricted category airworthiness certificate for the aircraft in Condition/L imitation No. 1 and the following operati ons:

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots employed by Billings ; b. Proficiency training for pilot employed by Billings Flying Service seeking to take a practical test for a type rating designation necessary to oper ate an aircraft covered under this exemption; and

,

c. Observation flights performed with an Aviation Safety Inspector onboard for the purpose of designating or observing a Designated Pilot Examiner (DPE).

6. An aircraft configuration analysis including but n ot limited to flight deck, flight manual, operating limitations, and procedures must be completed and provided to the CHDO reflecting the capability of the aircraft to perform all required procedures and

maneuvers necessary to meet the training , practical tests, and proficiency check requirements in part 61

.

7. No person may operate an aircraft under the relief of this exemption at a weight greater than the weight that, with the critical engine inoperative, would permit a rate of climb of at least 50 feet per minute at an altitude of at least 1,000 feet above the elevation of the highest ground or obstruction within the area to be operated or at an altitude of 5,000 feet, whichever is higher.6

8. The S

- 61A aircraft listed in Condition/Limitation No. 1(a) must be serviced and

maintained in accordance with Type Certificate Data Sheet (H2EA)

.

9. The CH

- 47D aircraft listed in Condition/Limitation No. 1(b) must be serviced and

maintained in accordance with Type Certificate Data Sheet (R0011DE)

.

10. A copy of this exemption must be provided to the CHDO in the geographic region

where the aircraft is based and must be carried aboard the aircraft at all times.

11. Failure to meet any of the conditions of this exemption immediately cancels the authority authorized by this exemption

.

This exemption terminates on February 28 , 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C ., on February 18, 2015

/s/ John Barbagallo Acting Deputy Directo r, Flight Standards Service

.