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

turnaro unds over congested areas in a loaded configuration

.

Al’s Aerial o riginally 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 amend ment 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

-

m onths

, 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 Septem ber 29, 2014.2

The FAA d etermined 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 1 7, 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 c omments 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 li mitations being sought by the petitioner in its request for exemption.

The petitioner requests relie f from the following regulation s:

Section 137.51(b)(4)(i) prescribes , in pertinent part, that no person may take off with a loaded aircraft, or make a turn around over a congested area

.

In addition, the petitioner requests an a mendm e nt of C onditions 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 C ondition 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 mile s 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 emer gency landing area that is not congested in the event of an engine failure.

T o 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, t he pilot is able to keep e ye s outside the

aircraft , and according to the petitioner, these are very simple tasks f or a pilot with 2,000 hours of agricultural experience and 1,000 hours of single engine turbo

- prop time

.

The petitioner requests that Conditi on 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 c ommand (PIC) time in the designated model Air Tractor airplane to be flown; 1000 hours of PIC time in single

- engine turbo propeller

- powered airplanes;3

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

To ensure t hat 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 requ ested 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 petit ioner 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

.

T he pe titioner 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 10 0 feet above ground level ( AGL )

.

The peti tioner states that by decreasing the turnaround altitude, the aircraft will spend less time over the congested area. A l’s Aerial request s the reduction from 200 to 100 feet AGL based upon aircraft manufacturer data provided herein and to increase the dista nce to the emergency landing area from 1nm to 1.5 nm. T he 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,

state s 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 request s the emergency landing a rea distance from the

turnaround point be increased to no more than 1.5 nautical miles. In each Congested Area Plan (CAP), the p etitioner must show that at any time during a turnaround (over the congested area) the aircraft could reach the designated emerg ency 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 show s 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 a n 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 i ncrease in4

distance requested provides an equivalent level of safety or no degradation in safety when compared to the original condition and limitation numb er 5.

In C ondition 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 cit ed by the petitioner, the

FAA does not believe that increas ing pilot experience is sufficient to offset the aircraft engine out glide performance safety if the petition to change C ondition and Limitation number 5 is granted

.

The petitioner also seeks to a mend C ondition and Limitation number 9 by decreasing the

turnaround altitude from 200 feet AGL to 100 feet AGL

. T he petitioner states that by decreasing the turnaround altitude, the aircraft will spend less time over the congested area

. The FAA does not a gree 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 decreas ing 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 C ondition s and L imitations 5, 6, and 9 of t he previously granted E xemption No. 10142 , as amende d

. 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, d elegated to me by the Administrator, I hereby grant Al’s Aerial Spray ing, LLC an exemption from 14 CFR § § 1 37.53 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 Limita tions

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.5

Each airplane engine must meet or exceed the manufacturer ’s recommended time

between overhaul intervals

.

4. All operations must be conducted with an FAA

- app roved 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 emerg ency 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 on ly 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 exce eded.

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 con gested 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

bas is 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:6

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 rele vant.

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

Distric t 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 Octobe r 31, 201 7 , unless sooner superseded or rescinded.

Issued in Washington, D

. C

. , on August 11, 2015.

.

//s//

John Barbagallo Deputy Director, Flight Standards Service