AFS-17-113050-E

January 3, 2017

 Exemption No. 10960B

 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, including the date it ends, and lists the revised conditions 

and limitations.

The Basis for Our Decision

By letter dated September 10, 2013, Mr.Burl Brim, Jr., President, Brim Equipment Leasing, 

Inc. dba Brim Aviation, (Brim Aviation), 455 Dead Indian Memorial 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 

intended to amend Exemption No. 10960, as amended. Therefore, the FAA interpreted Brim 

Aviation’s exemption request as a petition to amend Exemption 10960, as amended, by

removing Condition and Limitation No. 4 that prohibited Brim Aviation from conducting 

emergency search and rescue hoist operations using the MD900 (902 Configuraton). In its 
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September 10, 2013 letter, Brim Aviation provided supplemental information to its recent 

petition to document the aircraft’s demonstrated hover capability with one engine inoperative 

at the proposed operating weights and altitudes in order to comply with the remaining 

conditions and limitations in exemption 10960, as amended. Brim Aviation also provided 

information regarding the MD900’s engines, its performance capabilities, and the aircraft’s 

hover capability with one engine inoperative for maximum operating weights at altitudes in 

excess of 5,000 feet MSL.

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

external load (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 States ports, as was originally 

granted with Exemption No. 10960, 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 27, 

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 included, but is not limited to, engine isolation certification 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 the 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-altitude 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, based upon an international standard atmosphere (ISA) and an average wind 

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 

issuance of Exemption No. 10960, as amended. 

The operating parameter for the MD900 (902 configuation) utilized by Brim Aviation in the 

supplemental information during hoist operations included the following:

Search and Rescue equipped MD902

Engines: (2) Pratt & Whitney PW207E engines

Crew: 1 pilot, 1 hoist operator and 1 rescue crewmember 

Fuel: 1 hour at hoist

Gross weight at hoist: 5,200 pounds
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Brim Aviation provided information supporting its original claim that there are no other 

readily available helicopters capable of conducting timely emergency search and rescue hoist 

operations within Brim Aviation’s primary operating area in Oregon. Brim Aviation further 

highlighted that any limited available resources for conducting timely search and reseecue 

operations 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 multiengine 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 conditions and limitations are complied with by the 

operator(s) who petitioned for relief. 

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, Condition 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 conditions 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 

§ 133.45 (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 acting 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 exemption, 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 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.
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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 an 

MD900 (902 Configuration 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 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 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 search 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 evaluating 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 civil, 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 external 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. A 
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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 States.

The Effect of Our Decision

The expiration date of this exemption remains March 31, 2018.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service