AFS-15-342-E 

June 5, 2015 

 Exemption No. 11771 

 Regulatory Docket No. FAA-2015-0058 

Mr. Loren Crea 

Director of Flight Operations 

Neptune Aviation Services Inc. 

2 Corporate Way 

Missoula, MT 59808 

Dear Mr. Crea: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated January 12, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Neptune Aviation Services Inc. (Neptune) for an exemption from §§ 21.197 and 

91.611 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow 

Neptune to conduct ferry flights with one engine inoperative on its BAe 146-200A aircraft to 

one of Neptune’s maintenance facilities without obtaining a special flight permit (SFP) for 

each flight. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Neptune Aviation. 

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No’s. 5532 and 8551 (copies 

enclosed), the FAA found that granting the requests were in the public interest and that a level 

of safety equivalent to that provided by the rule from which the exemption was sought would 

be provided due to the petitioner’s strict training, policies, and procedures for three-engine 
2 

ferry flight operations. Additionally, the FAA noted the approved airplane flight manual 

(AFM) provided for one-engine-inoperative ferry flights of the aircraft and such flights have 

been successfully demonstrated in the past with no adverse effects on safety. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No’s. 5532 and 8551; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No’s. 5532 

and 8551 also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Neptune Aviation Services Inc. an 

exemption from 14 CFR § 91.611 to the extent necessary to allow Neptune to conduct ferry 

flights with one engine inoperative on its BAe 146-200A aircraft to one of Neptune’s 

maintenance facilities without obtaining a SFP for each flight. The FAA finds that an 

exemption from § 21.197 is not required. This grant of exemption is subject to the conditions 

and limitations described below. 

Conditions and Limitations 

1. The provisions of this exemption are limited to Neptune BAe 146-200A aircraft while 

they are being operated by Neptune pilots. 

2. Before exercising the privileges of this exemption, an appropriately rated and 

certificated maintenance technician must inspect and review the following to 

determine if the aircraft is in safe condition for a one-engine-inoperative ferry flight: 

a. The affected airplane, its engines, and maintenance records; 

b. The aircraft maintenance manual; 

c. The instructions for continued airworthiness; and 

d. The discrepancy logs. 

The technician must make an entry in the aircraft’s maintenance records certifying that 

the airplane is in safe condition for a one-engine-inoperative flight. 

3. One-engine-inoperative ferry flights are permitted only when visual flight conditions 

are forecast at points of takeoff and landing or any alternate points of landing. 

4. One-engine-inoperative ferry flights are permitted only with crew essential to the 

flight. No passengers shall be carried during one-engine-inoperative ferry flights. 
3 

5. Before exercising the privileges of this exemption, Neptune must provide the Helena 

Flight Standards District Office (FSDO), 2725 Skyway Drive, Helena, MT 59602, 

with a current copy of its company policy and procedures manual. Although the 

FSDO shall not approve or accept the company policy and procedures manual, 

Neptune must also provide the FSDO with any changes to that manual. A current 

copy of the FAA approved AFM and aircraft maintenance manual (AMM) must also 

be provided to the FSDO. If changes to the manual affect the provisions of this 

exemption, no one-engine-inoperative ferry flights can be conducted until the change 

is reviewed by the FAA and its impact on the conditions of the exemption is 

determined. 

6. Before exercising the privileges of this exemption, Neptune must provide the Helena 

FSDO with the names and position title of the BAe-146 fleet Director of Maintenance 

(DOM), Director of Flight Operations (DFO), and Neptune President/Chief Operating 

Officer. During the use of this exemption, Neptune must promptly notify the Helena 

FSDO of any changes in these management personnel or BAe-146 fleet policies and 

procedures. If changes to these management personnel, policies, or procedures affect 

the conditions/limitations of this exemption, no one-engine-inoperative ferry flights 

may be conducted until the change is reviewed by the FAA and its impact on the 

conditions/limitations of the exemption is determined. 

7. When exercising the privileges of this exemption, one-engine-inoperative ferry flights 

must be conducted by a dedicated ferry flight crew. This flight crew must receive 

appropriate training in three-engine ferry flights that is in accordance with Neptune’s 

FAA approved BAe-146 AFM and AMM three-engine ferry procedures. 

8. Takeoffs must be made from a dry runway surface with consideration given to existing 

crosswind with regard to required runway length and directional control. 

9. When exercising the privileges of this exemption, the operating weight of the BAe146 airplanes must be the minimum necessary for the one-engine-inoperative ferry 

flight with necessary reserve fuel load. 

10. The FAA approved AFM and AMM for each BAe-146 airplane operated under this 

exemption must contain performance data and operating and maintenance procedures 

for the safe operation of the airplane as required by § 91.611. 

 
4 

11. This exemption is not valid for operating outside the United States. 

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service 

Enclosures 

Exemption No’s. 5532 and 8551