AFS-15-089-E

Exemption No. 12451

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

AL’S AERIAL SPRAYING, LLC Regulatory Docket No. FAA-2010-0134

 

for an exemption from 

§ 137.51(b)(4)(i) of Title 14, 

Code of Federal Regulations 

GRANT OF EXEMPTION

By letter dated September 29, 2014, Mr. Michael D. Schiffer, Partner, Al’s Aerial Spraying, 

LLC, (Al’s Aerial), 3473 North Shepardsville Rd, Ovid, MI 48866 petitioned the Federal 

Aviation Administration (FAA) on behalf of Al’s Aerial for exemption from § 137.51(b)(4)(i) 

of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

Al’s Aerial to use a single-engine turbo propeller-powered Air Tractor aircraft to make 

turnarounds over congested areas in a loaded configuration.

Al’s Aerial originally requested the extension and amendment in its exemption request posted 

to the docket on November 13, 2013. Because additional time and expertise were required to 

evaluate the amendment request, the FAA decided to handle this request by initially granting 

the extension, with no change, to ensure continuity of operations and allow the FAA time to 

evaluate the amendment request. On April 21, 2014, the FAA granted the extension for 6-

months, with the expiration date of October 31, 2014. 

The FAA’s evaluation of the supporting data provided by the petitioner resulted in the FAA 

rejecting the petition for exemption and closing out the request from Al’s Aerial in a letter 

dated August 20, 2014. The FAA stated in the letter that Al’s Aerial may submit revised

supporting data to the FAA in a new petition for exemption. Al’s Aerial submitted the 

petition for exemption with additional information to support the requested amendments on 

September 29, 2014.
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The FAA determined that good cause existed for publishing a summary of the petition in the 

Federal Register because the requested amendment would set a precedent. A summary of the 

petition was published in the Federal Register on December 17, 2014 (79 FR 75610). 

The FAA received 9 comments submitted to the docket supporting Al's Aerial petition for 

exemption (and amendment of Conditions and Limitations 5, 6, and 9 in the original 

Exemption No. 10142, as amended). All comments received were generally supportive of 

granting the original Exemption No. 10142, as amended, allowing single engine turbine 

propeller aircraft to make turns over a congested area. None of the comments received 

addressed the proposed amendments to the conditions and limitations being sought by the 

petitioner in its request for exemption.

The petitioner requests relief from the following regulations:

Section 137.51(b)(4)(i) prescribes, in pertinent part, that no person may take off with a 

loaded aircraft, or make a turnaround over a congested area.

In addition, the petitioner requests an amendment of Conditions and Limitations 5, 6, 

and 9, as listed in Exemption No. 10142. 

The petitioner supports its request with the following information:

Al’s Aerial requests that Condition and Limitation number 5 be changed to read as follows:

5. The approved CAP (Congested Area Plan) must identify applicable emergency landing 

areas in compliance with §137.51(b)(4)(iii). The identified emergency landing areas 

must be located away from congested areas, no more than 1.5 nautical miles away from 

the point at which turnaround over a congested area will begin. In each CAP, the 

operator must show that at any time during a turnaround over a congested area, the 

airplane could reach an emergency landing area that is not congested in the event of an 

engine failure.

To achieve the 1.5 nm glide distance, the petitioner states that an Al's Aerial Air Tractor pilot 

must feather the prop, climb while slowing to the best glide speed, and dump the load while 

heading toward the emergency landing area. According to the petitioner, the threat of loss of 

control is substantially smaller in comparison to a multi-engine airplane. Al’s Aerial states 

that due to the excellent Air Tractor cockpit design, the pilot is able to keep eyes outside the 

aircraft, and according to the petitioner, these are very simple tasks for a pilot with 2,000 

hours of agricultural experience and 1,000 hours of single engine turbo-prop time.

The petitioner requests that Condition and Limitation number 6 be changed to read as 

follows:

6. Each pilot must hold a commercial pilot certificate and be employed directly by the 

petitioner. In addition to the requirements of § 137.53, each pilot must have at least 50 

hours of pilot in command (PIC) time in the designated model Air Tractor airplane to 

be flown; 1000 hours of PIC time in single-engine turbo propeller-powered airplanes; 
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and 2000 hours of PIC time dispensing agricultural materials or chemicals.

To ensure that the requested exemption remains in the best interest of the public, the 

petitioner requests that Condition and Limitation number 6 be modified to require Al's Aerial 

pilots flying under this exemption have more pilot in command time and agricultural 

experience. The requested amendment is to change the pilot experience from 100 hours of 

PIC time in single-engine turbo propeller-powered airplanes to be increased to 1000 hours 

and 500 hours of PIC time dispensing agricultural materials or chemicals to 2000 hours.

The petitioner states the increase in experience level based on Hours in Type will create a 

higher level of safety as emphasized in the recent data the National Agricultural Aviation 

Association (NAAA) assembled from its review of the 2006 - 2010 accidents.

The petitioner requests that Condition and Limitation number 9 be changed to read as

follows:

9. Each turnaround over a congested area must begin at an indicated airspeed of 140 

mph, at a minimum altitude of 100 feet above ground level (AGL).

The petitioner states that by decreasing the turnaround altitude, the aircraft will spend less 

time over the congested area. Al’s Aerial requests the reduction from 200 to 100 feet AGL 

based upon aircraft manufacturer data provided herein and to increase the distance to the 

emergency landing area from 1nm to 1.5 nm. The petitioner states that this was demonstrated 

by the aircraft manufacturer, Air Tractor.

The FAA’s analysis is as follows:

Condition and Limitation number 5 in previously granted Exemption No. 10142, as amended, 

states the approved CAP is required to have an emergency landing area, away from the 

congested area, no more than 1 nautical mile from the point the turnaround over the congested 

area will begin. The amendment requests the emergency landing area distance from the 

turnaround point be increased to no more than 1.5 nautical miles. In each Congested Area 

Plan (CAP), the petitioner must show that at any time during a turnaround (over the congested 

area) the aircraft could reach the designated emergency landing area in the event of an engine 

failure.

The previously granted exemption allowance of 1.0 nautical mile distance was based on the 

aircraft manufacturer’s engineering data originally submitted by the petitioner. The data shows

an average glide distance of 1.66 nautical miles, after a simulated engine failure, based on a 

200 foot loss of altitude. The 1 nautical mile requirement is 60% of the demonstrated glide 

distance which produces a 40% safety margin. In support of this petition in seeking an 

allowance of 1.5 nautical miles to the designated emergency landing area, Al’s Aerial

presented flight data tests demonstrating an average glide distance of 1.496 nautical miles 

after a simulated engine failure based on a 100 foot loss of altitude. Even if the validity of the 

data provided by Al’s Aerial is accepted, the FAA does not believe that the increase in 
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distance requested provides an equivalent level of safety or no degradation in safety when 

compared to the original condition and limitation number 5. 

In Condition and Limitation number 6, Al’s Aerial asserts that increasing the level of pilot 

experience required by § 137.53 enhances the safety of the operation. Even if the FAA 

concurs with the NAAA ‘hours in type’ vs. accident safety data cited by the petitioner, the 

FAA does not believe that increasing pilot experience is sufficient to offset the aircraft engine 

out glide performance safety if the petition to change Condition and Limitation number 5 is 

granted.

The petitioner also seeks to amend Condition and Limitation number 9 by decreasing the 

turnaround altitude from 200 feet AGL to 100 feet AGL. The petitioner states that by 

decreasing the turnaround altitude, the aircraft will spend less time over the congested area. 

The FAA does not agree with this assertion. Additionally, the lessened turnaround altitude 

proposed by Al’s Aerial effectively decreases the amount of altitude that can be traded for 

airspeed, thus decreasing the glide distance achievable by the aircraft in the event of an engine 

failure, resulting in a degradation of the safety margin as stated above. 

The FAA acknowledges Al’s Aerial submission of an exemption request to amend Conditions 

and Limitations 5, 6, and 9 of the previously granted Exemption No. 10142, as amended. The 

FAA’s analysis leads to a decision to deny the requested amendments and approve grant of 

this exemption consistent with the same conditions and limitations as granted in Exemption 

No. 10142. 

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption consistent with Exemption 

No. 10142 is in the public interest. Therefore, pursuant to the authority contained 

in 49 U.S.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, I hereby grant

Al’s Aerial Spraying, LLC an exemption from 14 CFR §§ 137.53 and 137.51.(b)(4)(i) to the 

extent necessary to allow Al’s Aerial to make turnarounds over congested areas in a loaded 

configuration, subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption is valid only for operations conducted by Al’s Aerial Spraying, 

LLC (operator) under part 137 certificate number MROG545G and only 

authorizes turnarounds over congested areas.

2. This exemption is valid only for operations in support of Federal, State, or local 

governments for the purposes of public health or forestry protection, where the 

aircraft is dispensing benign substances such as pheromones or Bacillus 

thuringiensis (Bt).

3. Operations are limited to Air Tractor AT-400, AT-402B, AT-502, and AT-502B 

airplanes. Each airplane must comply with all manufacturer’s service bulletins. 
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Each airplane engine must meet or exceed the manufacturer’s recommended time 

between overhaul intervals. 

4. All operations must be conducted with an FAA-approved congested area plan 

(CAP) in compliance with all remaining provisions of § 137.51.

5. The approved CAP must identify applicable emergency landing areas in 

compliance with § 137.51(b)(4)(iii). The identified emergency landing areas must 

be located away from congested areas, no more than 1 nautical mile away from 

the point at which turnaround over a congested area will begin. In each CAP, the 

operator must show that at any time during a turnaround over a congested area, 

the airplane could reach an emergency landing area that is not congested in the 

event of an engine failure. 

6. Each pilot must hold a commercial pilot certificate and be employed directly by 

the operator. In addition to the requirements of § 137.53, each pilot must have at 

least 50 hours of pilot-in-command (PIC) time in the designated model Air 

Tractor airplane to be flown, 100 hours of PIC time in single-engine turbo 

propeller-powered airplanes, and 500 hours of PIC time dispensing agricultural 

materials or chemicals. 

7. The PIC is the only person authorized to be on board during operations conducted 

under this exemption.

8. The maximum aircraft load prior to conducting turnarounds over a congested area

may not exceed the following: 

a. Maximum loading of the AT-502B & AT-502 shall not exceed a 3300 

pound hopper load.

b. Maximum loading of the AT-402B & AT-400 shall not exceed a 2600 

pound hopper load.

Hopper loading may be increased in exchange for a pound-for-pound reduction 

in fuel loading. No Aircraft Flight Manual (AFM) limitations may be exceeded.

9. Each turnaround over a congested area must begin at an indicated airspeed of 

140 mph, at a minimum altitude of 200 feet AGL.

10. The operator must train all pilots conducting operations under this exemption on 

procedures for engine failure over a congested area. The principal operations 

inspector (POI) for the operator must review and accept the training plan prior to 

any operations conducted under this exemption. 

11. The operator must collect and submit the following data to the POI on a quarterly 

basis and provide a summary of the data in any requests for extension of this 

exemption. Data must be collected for each flight where the operator made at 

least one turnaround over a congested area:
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a. Number of approved CAPs;

b. Number of flight-hours;

c. Number of flights conducted (i.e., cycles);

d. Number and description of any engine malfunctions experienced in flight;

e. Description of any incidents or accidents;

f. Description of the product dispensed; and 

g. Any additional information the operator determines may be relevant.

12. The operator must report any accident, incident, or engine failure while using this 

exemption to the POI within 1 business day following such an event. Operations 

under this exemption must be immediately suspended until the Flight Standards 

District Office with jurisdiction completes an investigation of the event. The POI 

must submit a summary of the investigation findings and a recommendation for 

continued operations or termination of the exemption to the General Aviation and 

Commercial Division (AFS-800) before any operations using this exemption may 

resume.

13. The operator must carry a copy of this exemption on board the aircraft when in 

use.

14. This exemption is not valid for operations outside the United States.

This exemption terminates on October 31, 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C., on August 11, 2015. .

//s//

John Barbagallo

Deputy Director, Flight Standards Service