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 granted 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 conditions 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) allows Brim Aviation to conduct Class D rotorcraft-load combination 

operations 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 because the requested 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 

Administrator 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 A109E, A109S, and 

A109SP helicopters 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 

approved 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 district 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 provisions 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 A109E, 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