12/09/2011

Rules Docket (AGC

- 10)

Federal Aviation Administration 800 Independence Ave, SW Washington, D.C. 20591

Submitted By: Brim Equipment Leasing, Inc. dba Brim Aviation

PO Box 3009 OR

455 Dead Indian Memorial Rd.
Ashland, OR 97520

Air Carrier Certificate #: BVOA2221

Point of Contact:

Burl Brim Jr

541

- 482

- 1008

EMAIL: b rittany@brimaviation.com

Subject: Petition for Exemption under 14 CFR PART 11

1. EXE MPTION SOUGHT: Brim Aviation is seeking an exemption from 14 CFR Part 133.45 (e)(1) to permit for hire, the use of a helicopter certified in normal cat egory under 14 CFR Part 27 in

rotorcraft

- load combination of Class D.

a. Brim Aviation would further request that a determination of good cause exists for not publishing a summary of the petition in the Federal Register:

1. This exemption would not set a prece dent.

2. Any delay would be detrimental to Brim Aviation and the Columbia River Bar Pilots who are currently operating with another helicopter service.

2. AFFECTED AIRCRAFT: This would affect both Agusta A109E and Agusta A109S helicopters operated by Brim Avi ation , to be used in the transport of maritime pilots to and from ships in US ports.

a. REASONS FOR USING THE A109E: The A109E has demonstrated its reliability in the

conduct of Class D External Loads in Marine Pilot Service. As of August 2011 The

Columbia B ar Pilots utilizing the Agusta A109E have flown 16,160 sorties, and conducted 11,400 hoists, of which 8,000 were at night, in seas to 30’ and winds in excess of 50kts. With no accidents or incidents reported.

b. REASONS FOR USING THE A109S: The A109S offe rs significant advantages over the A109E, to include increased OEI performance

.

3. IN THE PUBLIC INTEREST: If granted, this exemption would serve the public interest both in improved safety of operations and improved maritime commerce as follows:

a. Sea, weat her, and ship conditions can make boat

- to

- boat transfers of maritime pilots extremely hazardous. In some cases due to the design of newer ships it is almost physically impossible to conduct ship

- to

- ship transfers.

b. If the maritime pilot cannot be boarded by boat

- to

- boat transfer, for whatever reason, the ship is required to remain at anchor, or hold in a circling pattern offshore awaiting the pilot. This very situation has resulted in at least one publicized incident where a ship lost anchorage and ran ag round. This resulted in significant environmental damage and very high costs in salvage and reclamation by public agencies.c. Efficiencies provided by helicopter transfer can significantly reduce the amount of congestion at ports and thus limit the risk of vessels colliding.

d. Since 2003, approximately 1/3 of the ship transfers conducted by the CRBP and the Grays Harbor Pilots have been conducted by pilot boat. During this period there have been 3 pilots in the water (one fatal), and two falls onto the pilo t boat (one serious). While during the same period the helicopter operation has had no accidents or incidents.

4. EQUIVALENT SAFETY TO TRANSPORT CATEGORY A AIRCRAFT:

a. Engine Isolation Certification (FAR Part 29.903(b)): In accorda nce with TCDS H7EU,

Revisi on

- 24

, Note

- 11 and 19 , Certification Basis, the Agusta Model A109E /S , is eligible for operations on clear airfield and helipads with the critical engine failure concept when the helicopter is operated in accordance with the A109E /S Flight Manual Suppleme nt Equivalent Category “A” Operations.

b. Weight and Balance and OEI Performance:

i. Each flight plan will be initiated with a weight and balance determination to ensure the ability of the aircraft to the flight and hoisting operation within the

A109E RFM and applicable RFM Appendices limitations.

c. Hoisting Operations (Class D):

i. The Agusta A109E /S is equipped with a RFM approved hoist.

ii. All hoisting operations will be conducted in accordan ce with the RFM Supplement entitled “External Hoist”.

iii. Emergency proc edu res outlined in Supplement

- External Hoist details emergency procedures for the following: Failure of both generators, Failure of one generator, and BUS Tie malfunctions. Current hoisting operations can be completed during any one of these electrical malf unctions.

iv. With the maximum hoist load (600 lbs.) applied and the hoist cable fully deployed (245 ft), the hoist in either over temperature, or system overload can be fully recovered in 2.5 minutes. High speed (Normal) hoist recovery can be accomplished i n 1.5 minutes. In either case the hoist can be recovered within

the 2.5

- minute OEI (hover) engine rating.

v. All flight operations conducted during the hours of darkness are conducted with two pilots on board.

d. Ground and Flight Crew Training:

i. All pilots a nd flight crewmembers authorized to operate the Agusta A109E /S in

Class

- D rotorcraft operations will be trained in ac cordance with Brim Aviation Class D FAA approved training program.

ii. All personnel to be hoisted will be provided with equivalent training t o ensure coordinated operations.

5. REFERENCE TO SIMILAR GRANTED FAR PART 11 EXEMTIONS:

a. Reference is made to Exemption No. 6400, issued Feb. 13, 1996 in which an exemption to the requirements of FAR Part 133.45(e)(1) was granted to Petroleum Helicopters, In c. for use of the MDHC Model MD

- 900 rotorcraft, which is not type certificated under transport Category A in class

- D rotorcraft load combination operations.

b. Reference is made to Exemption No. 6740, in which an exemption to the requirements of

FAR Part 133 .45(e)(1) was granted to Rocky Mountain Holdings, LLC. for use of theAgusta A109K2 rotorcraft, which is not type certificated under transport Category A in

class

- D rotorcraft load combination operations.

c. Reference is made to Exemption No. 7118, issued Fe b. 7, 2000 in which an exemption to the requirements of FAR Part 133.45(e)(1) was granted to IHC Health Services, Inc. for use of the Agusta Model A109K2 rotorcraft, which is not type certificated under transport Category A in class

- D rotorcraft load combi nation operations.

d. Reference is made to Exemption No. 7374, issued Oct. 27, 2000 in which an exemption to the requirements of FAR Part 133.45(e)(1) was granted to Evergreen Helicopters, Inc. for use of the Agusta Model A109K2 rotorcraft, which is not typ e certificated under transport Category A in class

- D rotorcraft load combination operations.

e. Reference is made to Exemption No. 7486, issued Oct. 27, 2000 in which an exemption to the requirements of FAR Part 133.45(e)(1) was granted to Helicopter AirTran sport, Inc. for use of the Agusta Model A109E rotorcraft, which is not type certificated under transport Category A in class

- D rotorcraft load combination operations.

f. Reference is made to Exemption No. 8116, in which an exemption to the requirements of

FA R Part 133.45(e)(1) was granted to Arctic Air Dervice , Inc. for use of the Agusta Model A109E rotorcraft, which is not type certificated under transport Category A in class

- D rotorcraft load combination operations.

g. This request for exemption is predicated upon the same technical basis granted previously, with the exception of aircraft model.

6. SUMMARY: It is our belief that it is the public interest will be well served both by the economic, environmental and safety benefits provided by Maritime Pilot Transf er Services provided in the Agusta A109E /S model rotorcraft. Further an equivalent level of safety has been demonstrated by the Agusta A109E rotorcraft in operations conducted during the last 1 2 years

Sincerely,

Burl Brim

President

Brim Aviation