**Exemption No. XXXXX**  **UNITED STATES OF AMERI CA**  **DEPARTMENT OF TRANSPORTATION FEDERAL AVIA**  **TI ON ADMINISTRATION**  **WASHINGTON, DC 20591** In the matter of the petition of SIKORSKY AIRCRAFT for an exemption from § 91.313( a, b) of Title 14, Code of Federal Regulations Regulatory

Docket No. FAA

- 2013
- XXXX

**GRANT OF EXEMPTION** By letter dated May

23 , 2013 , Mr. Joseph P. Brennan, Chief Program Pilot, Standardization and Safety , Main Street

– P.O. Box 9729, Stratford, Connecticut, 06615

- 9129 , petitioned the Federal Aviation Administration (FAA) on behalf of Sikorsky Aircraft for an exemption from § 91.313 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if gr anted, would permit Sikorsky to conduct part 61 flight crewmember training in a restricted category aircraft. **The petitioner requires relief from the following regulations:** Section 91.313(a) prescribes, in pertinent part, that no person may operate a restricted category civil aircraft for other than the special purpose for which it i s certificated; or in an operation other than one necessary to accomplish the work activity directly associated with that special purpose. Section 91.313(b) prescribes, in pertinent part, that operating a restricted category civil aircraft to provide flight crewmember training in a special purpose operation for which the aircraft is c ertificated is considered to be an operation for that special purpose. **The petitioner supports its request with the following information:** The petitioner requests an exemptio n from § 91.313( a, b ) to conduct training required b y Part 61 in a restricted category

Sikorsky S
- 61. The petitioner does not own an S
- 61 and requires ty pe rated pilots to support S
- 61 short body production . Sikorsky asserts that the availability of standard category , short body S
- 61 in th e United States is extremely limited. The use of this rotorcraft is vital to provide flight crewmember initial ty pe rating training and recurrent Pilot

- in

Command proficiency

checks for pilots support ing aircraft production for the Department of State. This S
- 61 is virtually identicall y configured to its standard category counterpart and therefore, conducting the requested training poses no additional risk to the public. The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be detrimental to Sikorsky Aircraft and the Department of State

.**The FAA's analysis is as follows:** 

The FAA has reviewed the information submitted by Sikorsky

. The FAA has determined that a grant of exemption is appropriate. Thus, as outlined below, the FAA has d eterm ined that a grant of exemption would be in the public inte rest and not have an adverse impact on safety. Airworthiness standards for restricted category aircraft are not designed to provide the same level of safety

that is required for aircraft certificated in the standard category under parts 23 and 29 that are required for use in part 91

. The operating limitations set forth in § 91.313 are designed to compensate for this and to provide the necessary level of safet y for special purpose operations. See Amdt 9 1

- 12, 30 FR 2531 , 2532 (Feb. 25, 1965); see also 33 F R 12825 (Sept. II, 1968) (adding allowance to conduct training related to the special purpose for which the aircraft was certificated). The training operations the petitioner proposes to conduct can be safel y conducted in accordance with the safety standards set forth in part 91 . The FAA finds in light of the public interest to support the Department of State that a grant of exemption is warranted to ensure pilots are properly trained and qualified. The FAA has reviewed the petitioner's assertions that "the restricted category S
- 61 is virtuall y identically

configured to its standard category counterpart." The FAA recognizes that this S
- 61 is equipped to ensure full and constant radio communications. It is also capable of instrument landing approache s. The FAA has determined, based on the equipment installed and capabilities of this rotorcraft, in conjunction with the conditions and limitations set forth below, that an equivalent level of safety to that set forth by the regulation may be established. **The FAA's Decision** In cons ideration of the foregoing, I fin d that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained i n 49 U.S.C. §§ 40113 and 44701 , delegated to me by the Administrator, Sikorsky Aircraft is gr anted an exemption from § 91.313( a, b) to the extent necessary

to allow Sikorsky to c onduct training required under P art 61 in a restricted category

ro torcraft S

- 61, subject to the conditions and limitations listed below. **Conditions and Limitations** 1. Thi s exemption is only valid until a standard category , short body S
- 61 aircraft becomes available for use by Sikorsky . This exemption will term inate upon the availability of a standard category S
- 61 rotorcraft operated, leased, or owned by Sikorsky Aircraft

. 2. This exemption is limited to S ikorsky S
- 61A, N561SC, serial number 61272. 3. No operations for compensation or hire shall be conducted during operations under this exemption. 4 . All routes and training locations must be suitable to the FAA inspector co nducting the check or as authorized b y the CHDO if a check airman is permitted to conduct the check. 5
. Sikorsky may

onl y use this aircraft for the special purposes identified on the restricted category airworthiness certificate for the rotorcraft and the following training required under part 61 : a. Sections 61.31 , 61.55, 61.58 . To complete checks and evaluations required by § 61.31 and 61.58 the aircraft must be certificated for flight into instrument meteorological conditions; 6 . An aircraft configuration anal ys is in cluding but not limited to flight deck, flight manual, operating limitations, and procedures must be completed and provided to the CHDO reflectingthe capab ility of the aircraft to perform all required procedures and maneuvers to meet part 61 training and checking requirements. 7 . No person may

operate this S

- 6IA, N56I SC, serial number 61272, helicopter at a weight great er than the weight that, with th e critical engine inoperative, would perm it a rate of climb of at least 50 feet per minute at an altitude of at least 1,000 feet above the elevation of the highest ground or obstruction within the area to be operated or at an altitude of 5,000 feet, whichever is higher. 8 . The aircraft must be maintained in accordance with the Sikorsky equalized in spection and maintenance program SA 4047

- 13. The operator must provide a written report validating c ompliance before beginning training or checking and quarterly thereafter. The report will also include validation that life

- limits have not been exceeded. 9 . A cop y of this exemption most be provided to the POI and must be carried aboard the aircraft at all times. 10 . Failure to meet an y of the conditions of this exemption immediately cancels the authority authorized by

this exemption. **Issued in Washington , D.C., on**  **May XX , 2013**  **. Flight Standards Service**