AFS-16-106739-E

November 29, 2016

 Exemption No. 5651Q

 Regulatory Docket No. FAA-2002-11498

Mr. Mike Rhodes

Chief Test Pilot

Air Tractor, Inc.

P.O. Box 485

Olney, TX 76374

Dear Mr. Rhodes:

This letter is to inform you that we have granted in part your petition to extend Exemption No. 

5651, as amended. It explains the basis for our decision, describes its effect, and lists the

revised conditions and limitations.

The Basis for Our Decision

By letter dated March 7, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Air Tractor, Inc. (Air Tractor) for an extension of, and amendment to, Exemption 

No. 5651, as amended. That exemption from § 61.31(a)(1) of Title 14, Code of Federal 

Regulations (14 CFR) allows Air Tractor and pilots of AT-802, AT-802A, AT-1002, or AT1002A airplanes to operate those airplanes without holding a type rating, although the 

maximum gross weight of the airplanes exceeds 12,500 pounds.

In your March 7, 2016 petition, you also requested an amendment that would include an 

exemption from § 91.313(a) as described in FAA Notice 8900.295 Pilot Training and/or 

Certification Events Conducted in Restricted Category Aircraft. The amendment, if granted, 

would allow Air Tractor to operate a restricted category civil aircraft for other than the special 

purpose for which it was certificated, or in an operation other than one necessary to 

accomplish the work activity directly associated with that special purpose.
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On April 18, 2016, the FAA granted a six-month extension of the existing relief at that time, 

while the agency considered the broader issues related to granting the relief requested in Air 

Tractor’s amendment request.

On October 28, 2016, the FAA granted an extension of the existing relief (Exemption 5651P), 

with expiration date of October 31, 2018. The extension included a revision to Condition and 

Limitation No 2 which required Air Tractor to revise its training manuals to include ground 

training topics consistent with curriculum outlines for type ratings. On November 18, 2016, 

the FAA received a letter from Air Tractor requesting an amendment to Condition and 

Limitation No. 2 to give the company adequate time to develop the new training manual 

specified. In that letter, Air Tractor committed to submitting the required training manual by 

March 1, 2017 for agency review and approval. The FAA agrees that exemption 5651P gave 

the petitioner insufficient time to develop and submit the revised training manual specified in 

Condition and Limitation No. 2. The FAA concurs with the petitioner’s request for an 

extension, in that it gives Air Tractor a reasonable period to develop the new training manual 

and then to implement this manual after FAA review and approval. Accordingly, the term of 

the approval of the Air Tractor AT-802/802A Pilot Training Program dated March 1, 2015, is 

hereby extended to April 30, 2017. The FAA will issue a separate letter to the petitioner to 

indicate this extension of the term of approval of the current training manual.

This partial grant of exemption is a result of a closer review of current regulations, policies, 

historical grants of exemption dating back to 1993 that were issued to Air Tractor, and the 

grant of exemption currently issued to Air Tractor. 

In your petition, you indicated that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

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 and amendment of the exemption 

would not set a precedent, and any delay in acting on this petition would be detrimental to Air 

Tractor.

The FAA has determined that the justification for the issuance of Exemption No. 5651, as 

amended, remains valid with respect to this exemption and is in the public interest. However, 

upon further review of Exemption No. 5651P, the FAA finds it necessary to amend the 

Conditions and Limitations to allow the petitioner adequate time to develop the enhanced 

training materials specified in that amended exemption. The FAA has also determined that 

past exemptions erroneously omitted a condition and limitation which restrict the use of this 

exemption to the area of the United States, its territories and possessions. The petitioner has 

not asked for this exemption to be used in connection with operations outside the United 

States. Title 14 Code of Federal Regulations Part 11, §11.83 requires that if a petitioner 

desires to use an exemption outside the United States, then this must be requested when 
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petitioning for this relief, as well as the reason for this use. Specifically, this amendment 

makes the following modifications:

1. Condition and Limitation No. 2 was amended to allow the use of the AT-802/802A 

training manual, dated March 1, 2015, until April 30, 2017.

2. Condition and Limitation No. 10 was added to restrict the use of this exemption to the 

area of the United States, its territories and possessions.

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

Administrator has delegated to me, I grant Air Tractor, Inc. and pilots of Air Tractor Models 

AT-802 and AT-802A, relief from § 61.31(a)(1) to the extent necessary to operate these 

models without holding a type rating for the airplane, subject to the following conditions and 

limitations.

Conditions and Limitations

1. This exemption applies to pilots operating AT-802 and AT-802A airplanes that have a 

restricted category airworthiness certificate.

2. Air Tractor must use an FAA-approved pilot training program to comply with the 

terms of this exemption

a) Until April 30, 2017, Air Tractor may use the AT-802/802A Pilot Training 

Program dated March 1, 2015, for its required training manual. 

b) After April 30, 2017, Air Tractor must develop and maintain a training manual(s)

(to include lesson times and courseware) that includes the following ground training 

topics for the AT-802 and AT-802A airplane covered by this partial grant of 

exemption:

SEGMENT 1 – GENERAL OPERATIONAL SUBJECTS

a. Lesson 1 - Introduction to the aircraft and operating limitations

b. Lesson 2 - Weight and balance

c. Lesson 3 - Adverse weather practices

d. Lesson 4 - Aerodynamics, performance, and minimum equipment list 

(MEL)

e. Lesson 5 – Segment 1 written examination

SEGMENT 2 – AIRPLANE SYSTEMS AND COMPONENTS

f. Lesson 1 – Fuel and oil systems

g. Lesson 2 – Powerplant

h. Lesson 3 - Electrical system 

i. Lesson 4 - Hydraulic system 
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j. Lesson 5 - Landing gear and brakes 

k. Lesson 6 – Pneumatic system 

l. Lesson 7 - Environmental system 

m. Lesson 8 - Flight controls 

n. Lesson 9 - Ice and rain protection 

o. Lesson 10 - Fire and overheat protection 

p. Lesson 11 - Flight instruments 

q. Lesson 12 - Navigation equipment and display systems 

r. Lesson 13 - Autoflight system

s. Lesson 14 - Communications equipment 

t. Lesson 15 - Segment 2 written examination 

SEGMENT 3 – AIRPLANE SPECIFIC EMERGENCY TRAINING

u. Lesson 1 - Emergency equipment 

v. Lesson 2 - Abnormal and emergency procedures 

w. Lesson 3 - Segment 3 written examination

SEGMENT 4 – SYSTEMS INTEGRATION TRAINING

x. Lesson 1 – Cockpit familiarization and use of checklists

y. Lesson 2 – Classroom review of flight maneuvers

z. Lesson 3 – Single pilot resource management

aa. Lesson 4 – Segment 4 written examination

3. Air Tractor must provide pilots authorized by Air Tractor to provide training in the 

AT-802 or AT-802 airplane (as applicable) a copy of the approved training manual and 

courseware described in Condition/Limitation No. 2, along with the applicable 

approval documentation from AFS-800. This copy may be hard copy or electronic. 

4. Pilots operating the AT-802 and/or AT-802A airplanes may continue to exercise the 

privileges of this exemption only if Air Tractor complies with the following:

5.

a) Air Tractor must continue to maintain approval of its training manual and 

courseware, and obtain approval for any revisions to the approved training 

manual and/or courseware, from AFS-800. 

b) The training manual(s) and/or courseware approval documentation must be made 

available to any representative of the FAA Administrator, upon request.

c) Air Tractor must submit a new training manual, or request extension to the 

approval of the currently approved training manual and courseware, provided no 

changes are required, when requesting an extension to this exemption. Electronic 

submissions are desired and can be sent via email to 9-AFS-800-

Correspondence@faa.gov. If Air Tractor desires to send a hard copy document, it 
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should be mailed to General Aviation and Commercial Division, AFS-800, 800 

Independence Avenue, S.W., Washington, DC 20591

6. Except as provided in Condition/Limitation No. 6, before any pilot can serve as pilot 

in command (PIC) in the AT-802 or AT-802A airplane (as applicable), that pilot must 

have successfully completed the applicable training in accordance with Air Tractor’s 

approved training manual described in Condition and Limitation No. 2.

7. Pilots who have logged at least 100 hours of flight time, with at least 10 hours in the 

preceding 12 months, in an AT-802 series airplane need not complete the training 

requirements of Condition No.2. A record of this flight time must be made available 

by the pilot upon request by a representative of the FAA Administrator.

8. Any person (including Air Tractor) that provides training described by Condition and 

Limitation No. 5 must -

a) Ensure each pilot logs the ground training in his or her logbook, or record such 

training in the pilot’s training record; and

b) Make this record of training available for review to any representative of the FAA 

Administrator, upon request.

9. Pilots authorized by Air Tractor to provide training in the AT-802 or AT-802A 

airplane (as applicable), to include pilots employed by Air Tractor, must meet the 

following minimum qualifications:

a) Be authorized by Air Tractor to provide this instruction. This authorization will 

be given by Air Tractor in writing and will be on Air Tractor letterhead;

b) Hold an Advanced Ground Instructor certificate or Flight Instructor certificate;

c) Hold at least a commercial pilot certificate; and

d) Meet the following experience requirements:

i. 500 hours of flight time in turbine-powered agricultural type airplanes; 

or

ii. 1,000 hours of flight time in agricultural type airplanes which includes at least 

100 hours of flight time in an AT-802 series airplane.

10. Air Tractor must make a copy of this exemption available to each pilot who serves 

as PIC in the AT-802 and AT-802A aircraft.

11. This exemption is not valid for operations outside the United States.
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5651, as amended, to November 

30, 2018, unless sooner superseded or rescinded. 

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service