AFS

- 13

- 525

- E November 6, 2013

Exemption No. 10456A Regulatory Docket No. FAA

- 2011

- 1377

Mr. Burl Brim

President Brim Equipment Leasing, Inc. dba Brim Aviation

455 Dead Indian Memorial Road Ashland, OR 97520

Dear Mr. Brim:

This letter is to inform you that we have g ranted your petition to extend and amend Exemption

No. 10456 , as amended. It explains the basis for our decision , describes its effect, and lists the

revised con ditions and limitations.

The Basis for Our Decision

By letter dated August 28, and supplemental information dated October 28, 2013

, you petitioned the Federal Aviation Administration (FAA) on behalf of Brim Equipment Leasing, Inc. dba Brim Aviation (Brim Aviation) for an extension of and amendment to Exemption No. 10456, as

amended . That exemption from § 133.45(e)(1) of Title 14, Code of Federal Regulations (14 CFR) allow s Brim Aviation to conduct Clas s D rotorcraft

- load combination

o perations with Agusta A109E and Agusta A109S helicopters certificated in the normal category under part 27. The amendment you requested would add the Agusta A109SP to the aircraft operating under this exemption.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

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

the Federal Register beca use the req uested extension of, and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Brim

Aviation

.2

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113 and 44701, which the FAA

A dministrator has delegated to me, Brim Equipment Leasing, Inc. dba Brim Aviation is granted an exemption from 14 CFR § 133.45(e)(1) to the extent necessary to permit Brim Aviation to

conduct Class D rotorcraft

- load combination operations with a Agusta A109 E

, A109S , and

A109SP helicopter s certificated in the normal category under part 27, subject to the following

conditions and limitations:

Conditions and Limitations

1. In accordance with § 133.37, Brim Aviation must conduct training in accordance with an

ap proved Class D rotorcraft

- load combination training program prior to conducting Class D operations. The training program must include initial and recurrent training for pilots and other operations personnel, as appropriate.

2. The certificate

- holding distr ict office (CHDO) for Brim Aviation must approve the Class D training program.

3. Brim Aviation must maintain a current CHDO

- approved rotorcraft

- load combination flight manual, which meets the requirements of § 133.47.

4. Brim Aviation may utilize the provisi ons of this exemption only when operating Agusta A109E, A109S, or A109SP helicopters in the transport of maritime pilots to and from ships in United States ports.

5. This exemption does not relieve Brim Aviation from complying with the portion of § 133.45(e )(1) which states, “...and provide hover capability with one engine inoperative at that operating weight and altitude.”

6. Prior to each flight, the pilot in command must confirm that the weight and balance and performance of the rotorcraft are within the A109 E, A109S, or A109SP Rotorcraft Flight Manual (RFM) and RFM supplement limitations, as necessary to comply with Condition No. 5 of this exemption.

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

This exemption terminates on February 28, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service