AFS

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- 113050

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January 3, 2017

Exemption No. 10960 B Regulatory Docket No. FAA

- 2013

- 0761

Mr. Burl Brim

President Brim Equipment Leasing, Inc. dba Brim Aviation

P.O. Box 3009 Ashland, OR 97520

Dear Mr. Brim :

This letter is to inform you that we have granted your petition to amend Exemption No.

10960 , as amended

. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, inc luding the date it ends , and lists the revised conditions

and limitations

.

The Basis for Our Decision

By letter dated September 10, 201 3 , Mr.Burl Brim, Jr., President, Brim Equipment Leasing, Inc. dba Brim Aviation, (Brim Aviation), 455 Dead Indian Memor ial Road, Ashland, Oregon 97520, petitioned the Federal Aviation Administration (FAA) on behalf of Brim Aviation for an exemption from § 133.45(e)(1) of Title 14, Code of Federal Regulations (14 CFR). The petition did not indicate that Brim Aviation was seeking an amendment to its then current exemption authority from § 133.45(e)(1) (Exemption No. 10960 (as amended) ) ; however

, it was determinted through analysis of previously issued exemptions that Brim Aviation holds exemption authority to conduct Class D rotorcraft external load (REL) combinations in the MD900 (902 Configuation) for maritime pilot transfers with certain conditions and limitations that are consistent with other exemption authority issued by the FAA

.

A phone conversation with Mr. Brim on May 31, 2016

, confirmed that Brim Aviation

inten d ed to amend Exemption No. 10960 , as amended . Therefore, the FAA interpret ed Brim
Aviation’s exemption request as a petition to amend E xemption 10960 , as amended, by

remov ing C ondition and L imitation No. 4 that prohibited Brim Aviation from conducting emergency search and rescue hoist operations using the MD900 (902 C onfiguraton)

. In its2

September 10, 201 3 letter

, Brim Aviation provided supplemental information to its recent petition to document the aircraf t’s demonstrated hover capability with one engine inoperative

at the proposed operating weight s and altitude s in order to comply with the remaining conditions and limitations in exemption 10960 , as amended

. Brim Aviation also provided information regardin g the MD900’s engines, its performance capabilities, and the aircraft’s hover capability with one engine inoperative for maximum operating weight s at altitude s in excess of 5,000 feet MSL.

The amendment, if approved, would allow Brim Aviation to conduct C lass D rotorcraft

external l oad (REL) combinations using the MD900 (902 Configuration with Pratt & Whitney PW207E engines) for emergency search and rescue hoist operations along with its existing approval to transport maritime pilots to and from United Sta tes ports , as was originally granted with Exemption No. 1 0960 , as amended

.

Brim Aviation provided additional information indicating the MD900 (902 configuration) fully complies with part 29 Category A requirements incorporated by reference in part 2 7, appendix C. Brim Aviation provided information regarding the aircraft’s performance capabilities and its ability to operate under emergency single engine conditions for ensuring an equivalent level of safety, while conducting emergency search and rescue hoist operations.

This include d , but is not limited to

, engine isolation cer ti fication in § 29.903(b):

1. Weight and balance and one engine inoperative ( OEI ) performance: Each flight plan would be initiated with a weight & balance determination to ensure t he aircraft and hoisting operation were appropriate for the proposed flight in accordance with the Rotorcraft Flight Manual (RFM) and applicable limitations in the RFM appendices.

2. The performance analysis for the aircraft, generally equipped for high

- alti tude search and rescue operations, would confirm its ability to perform as intended and still provide OEI capabilitity at the required elevations in excess of 5,000 MSL. For example, b ased upon an international standard atmosphere ( ISA ) and an average win d speed of 20 knots, the MD900 (902 configuration) would be able to conduct hoisting evolutions while meeting OEI/OGE performatance requirements to an altitude of 7,500. This is 2,500 above the altitudes stated in the original petition that led to the

iss uance of Exemption No. 10960 , as amended

.

The o perating parameter for the MD900 (902 configuation) utilized by Brim Aviation in the supplemental information during hoist operations included the follow ing :

S earch and Rescue equipped MD902 Engines: (2) P ratt & Whitney PW207E engines Crew: 1 pilot, 1 hoist operator and 1 rescue crewmember

Fuel: 1 hour at hoist Gross weight at hoist: 5,200 pounds3

Brim Aviation provided information supporting its original claim that there are no other readily available hel icopters capable of conducting timely emergency search and rescue hoist operations within Brim Aviation ’s primary operating area in Oregon

. Brim Aviation further highlight ed that any limited available resources for conducting timely search and res ee cue

op erations will continue to decrease as further cutbacks continue by the military and other public service aircraft operations.

Brim Aviation stated in its letter that past exemptions issued by the FAA relating to Class D operations using part 27 m ultiengine helicopters did not normally restrict the activity in which

Class D operations could be conducted once an exemption from § 133.45 (e)(1) was granted

, provided the RFM and other stipulated c onditions and l imitations are complied with by the

opera tor(s) who petitioned for rel ie f

.

Based on the above, the FAA has determined that it is reasonable to amend Exemption No. 10960, as amended, as requested by Brim Aviation. As such, C ondition and Limitation No.4

is amended to remove the restriction prohibiting Brim Aviation from conducting emergency search and rescue hoist opterations using the MD900 (902 Configuation). Furthermore, Condition and Limitations Nos. 7, 8 and 9 are added for safety and consistency purposes in

reflection of the conditio ns and limitations imposed on Intermountain Life Flight (Exemption No. 7118F) involving similar Class D rotorcraft operations using part 27 multiengine helicopters that were also unable to comply with the requirements stipulated by 14 CFR § 133.4 5 (e)(1):

Our Decision

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, this exemption would not set a precedent, and any delay in acti ng on this petition would be detrimental to

Brim Aviation.

Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, I grant Brim Equipment Leasing, Inc. dba Brim Aviation (Brim Aviation) an e xemption , as hereby amended, to 14 CFR § 133.45(e)(1) to the extent necessary to permit Brim Aviation to conduct Class D rotorcraft

- load combination operations using the MD900 (902 Configuration with Pratt & Whitney PW207E engines) certificated

in the norm al 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 progra m prior to conducting Class D operations. The training program must include initial and recurrent training for pilots and other operations personnel, as appropriate.4

2. The certificate

- holding district office (CHDO) for Brim Aviation must approve the

Clas s 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 an MD900 (902 Con figuration with Pratt & Whitney PW207E engines) for transporting maritime pilots to and from ships in United States ports and for emergency search and rescue hoist operations.

5. This exemption does not relieve Brim Aviation from complying with the portion o f § 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 wit hin the MD900 (902 Configuration Pratt & Whitney PW207E engines) Rotorcraft Flight Manual (RFM) and RFM supplement limitations, as necessary to comply with Condition and Limitation No. 5 of this exemption.

7. This exemption is also valid also for emergency s earch and rescue hoist operations undertaken to reduce or eliminate a significant imminent threat to human health or life, and no other civil, military, or public aircraft is reasonabily available which meets the requirements of § 133.45(e).

a. In evaluatin g whether a threat is “significant and imminent”

, Brim Aviation

must consult with appropriate and qualified rescue or medical personnel and must reasonably determine that a threat of serious injury or death is present.

b. In evaluating whether any other civi l, military, or public aircraft is reasonably available, Brim Aviation must determine that at the time of the rescue operation, no other civil, military, or military aircraft meeting the requirements

of § 133.45(e) is available and capable of responding to the threat in a timely

manner.

8. Brim Aviation, in consultation with the appropriate rescue or medical personnel, must reasonably determine that an emergency external load hoist operation is necessary to respond to the threat in that the rotorcraft exter nal load hoist operations offers the best opportunity to reduce or eliminate the threat to human health or life.

9. Prior to any flight conducted under this exemption, Brim Aviation must conduct and document a risk assessment to determine that the operation can be safely conducted. A5

copy of each completed risk assessment must be retained for two years and made available for inspection upon request by the certificate

- holding district office.

10. This exemption is not valid for operations outside the United Stat es.

The Effect of Our Decision

The expiration da te of this exemption remains March 31, 2018

.

Sincerely,

/s/

John Barbagallo Deputy Director, Flight Standards Service