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: brittany@brimaviation.com

Subject: Petition for Exemption under 14 CFR PART 11

1. EXEMPTION 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 category 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 precedent.

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 Aviation, 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 Bar 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 offers 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, weather, 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 aground. 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 pilot 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 accordance with TCDS H7EU, 

Revision- 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 Supplement 

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 accordance with the RFM 

Supplement entitled “External Hoist”.

iii. Emergency procedures 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 malfunctions.

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 in 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 and flight crewmembers authorized to operate the Agusta A109E/S in 

Class-D rotorcraft operations will be trained in accordance with Brim Aviation

Class D FAA approved training program.

ii. All personnel to be hoisted will be provided with equivalent training to 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, Inc. 

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 the 
Agusta 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 Feb. 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 combination 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 type 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 AirTransport, 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 

FAR 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 Transfer 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 12 years

Sincerely,

Burl Brim

President

Brim Aviation