AFS-15-811-E 

## Corrected Copy

This letter amends the conditions and limitati ons of Exemption No. 11276, originally issued by the FAA on April 2, 2015. The corrections incl ude adding identification of the exempted aircraft by FAA registration number, removing certain pilot and maintenance requirements, and weight restrictions. This version is th e amended Exemption No. 11276 that includes the aforementioned changes. We have made the correction in our reco rds as of April 7, 2015.

April 2, 2015

Exemption No. 11276

Re gulatory Docket No. FAA 2015-0543

Mike Lynn Aero-Flite, Inc.

8520 W. Electric Avenue Spokane, WA 99224

Dear Mr. Lynn:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated February 20, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Aero-Flite, Inc. (Aero-Flite) for an exemption fr om §§ 91.313(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Aero-Flite to conduct operations needed to satisfy crewmemb er training, type rating requirements, and proficiency requirements found in part 61 in the Bombardier CL-415 and the Bae Avro RJ85 series restricted category aircraft.

Section 91.313(a) limits operation of a restricted category aircraft to: (1) the special purpose operation for which it is certificated; and (2) an operation necessary to accomplish the work activity directly associated with that special purpose.2

Section 91.313(b) allows an opera tor to consider flight crew member training in a special purpose operation for which the aircraft is certif icated to be an operation for that special purpose under paragraph (a). Although petitione r has requested relief from § 91.313(b), such relief is not necessary because re lief from paragraph (a) permits Ae ro-Flite to use its restricted category aircraft to conduct fli ght training and testing necessary to provide type ratings to its flight crewmembers.

Further, and although not specifically requested, the FAA believes that re lief from § 91.313(c) will be necessary in order for the petitioner to conduct operations described in its request. Therefore, the FAA is construing the petiti on as a request for relief from § 91.313(c).

The FAA contacted Aero-Flite on February 26, 2015 to clarify the aircraft that Aero-Flite would operate under the reque sted relief. Aero-Flite responded via e-mail on February, 27 2015 and provided the registra tion numbers, serial numbers, and model designations of the aircraft to be used under the exemption. A record of conversation that captures this information was placed in the docket.

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 w ould be detrimental to Aero-Flite.

The FAA has issued a grant of exemption in circ umstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 11245 (copy enclosed), the FAA found that an exemption was appropriate to allow Neptune Aviation Services to conduct practical tests, proficiency trai ning, and associated flights in restricted category aircraft.

Having reviewed your reasons for re questing an exemption, I find that:

 They are similar in all material respects to relief previously request ed in the enclosed Grant of Exemption No. 11245;

 The reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11245 also apply to the situ ation you present; and

 For the reasons stated in Grant of Exemption No. 11245 a grant of exemption is in the public interest.

Our Decision

Therefore, pursuant to the authority c ontained in 49 U.S.C. §§ 106(f), 40113, and 44701 delegated to me by the Administrator, Aero-F lite, Inc. is granted an exemption from 14 CFR §§ 91.313(a) and (c) to the extent necessa ry to allow Aero-Flite, Inc. to conduct operations in restricted category civil CL- 415 and RJ85 series aircraft, subject to the

conditions and limitations listed below.3

Conditions and Limitations

1. The privileges of this exemption are limited to the following aircraft:

a. CL-415: N389AC and N392AC

b. RJ85: N839AC, N354AC, N355A C, N366AC, N374AC and N379AC

2. Aero-Flite, Inc. must be in full operationa l control of any aircraft operated using the privileges of this exemption.

3. The relief from § 91.313(c) is only granted to the extent necessary to allow for the operations described in Condition No. 4.

4. Aero-Flite. Inc. may only use the aircraft for the special purposes identified on the restricted category airworthin ess certificate for the airc raft in Condition No. 1 and the following operations:

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots employed by Aero-Flite;

b. Flight training for pilots employed by Aero -Flite seeking to take a practical test for a type rating designation necessary to operate an aircraft covered under this exemption; and,

c. Observation flights performed for the purpose of designating or observing a Designated Pilot Examiner (DPE).

5. An aircraft configuration analysis includi ng, but not limited to, flight deck, flight manual, operating limitations, required pl acards, and procedures must be completed and provided to the Flight St andards District Office (FSDO) with geographic responsibility for the airport or area where the aircraft is based. This analysis must reflect the capability of the aircraft to perform all required procedures and maneuvers necessary to m eet the applicable requirements of the aircraft type rating Practi cal Test Standards (for ai rplanes, FAA-S-8081-5F as amended).

6. A copy of this exemption must be provi ded to the FSDO in the geographic region where the aircraft is based, must be provided to any representative of the Administrator upon request, and must be carri ed aboard the aircraft at all times.

7. Failure to meet any of the conditions of this exemption immediately cancels the authority authorized by this exemption.4

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

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

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards Service

Enclosure Exemption 11245