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April 25, 2014

Exemption No. 5651M Regulatory Docket No. FAA

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- 11498

Mike Rhodes Chief Test Pilot Air Tractor, Inc. P.O. Box 485 Olney, TX 76374

Dear Mr. Rhodes :

This l etter is to inform you that we have granted your petition to extend Exemption No. 5651M , as amended. It explains the basis for our decision , describes its effect, and lists the conditions and limitations.

The Basis for Our Decision By letter dated Januar y 21, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of Air Tractor, Inc. (Air Tractor) for an extension of Exemption No. 5651 , as amended. That exemption from § 61

. 31(a)(1) of Title 14, Code of Federal Regulations (14 CFR) allow s Air Tractor and pilots of AT

- 802
, AT

- 802A , AT

- 1002, or AT

- 1002A airplanes to operate those airplanes without holding a type rating, although the maximum gross weight of the airplanes exceeds 12,500 pounds.

In your petition, you indicate 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.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Registe r because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Air Tractor

.2

Our Decision The FAA has determined that the justification for the issuance of Exemption No. 5651 M remains valid with respect to this exemption and is in the public interest.

The FAA notes that AT

- 1002/AT

- 1002A aircraft types were first added to Exemption 5615K on November 23, 2009, at the request of Air Tractor. The request was made due to pending type certification for the AT

- 1002/AT

- 1002 A . The FAA notes that at present there are no AT

- 1002 and AT

- 1002A aircraft that are type certificated. T he FAA notes that we may

remove the references to the AT

- 1002 and AT

- 1002A aircraft in the future, dependin g on the status of the pending type certification project for these aircraft.

The FAA has also made amendments to the conditions and limitation of Exemption No. 5651M that clarifies our original intent and refine our requirements. Specifically;

1. Conditio n/Limitation No. 1 was amended to clarify the types of operations allow ed under this exemption.

2. Condition /Limitation No. 2 was amended to require Air Tractor to have an approved training manual along with approval documentation from the FAA’s General Aviat ion and Commercial Division in order to exercise the privileges of this exemption. An FAA approved training manual is meant to ensure that Air Tractor is providing a training program that is accordant with FAA safety standards. In addition, the condition and limitation notes that the training manual must be made available to any representative of the FAA Administrator upon request.

3. Condition/Limitation No. 3 was amended to clarify and standardize this exemption with similar exemptions to include a review of the approved aircraft flight manual and cockpit familiarization checkout for each pilot prior to operation under this exemption.

4. Condition/Limitation No. 5 was added to clarify and standardize this exemption with similar exemptions to specify that any r epresentati ve of the FAA Administrator may review Air Tractor’s record of training. While the relief does not change substantially, all users of the exemption should thoroughly review the revised conditions and limitations.

U nder the authority provided by 49 U.S.C. § 106(f), 40113
, and 44701, w hich the FAA Administrator has delegat ed to me, I grant Air Tractor, Inc. and pilots of Air Tractor Models AT

- 802, AT

- 802A, AT

- 1002, and AT

- 1002A, 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.3

Conditions and Limitations
1. This exemption applies to pilots operating AT

- 802, AT

- 802A, AT

- 1002, and AT

1002A aircraft that hold a restricted categ ory airworthiness certificate for operations involving agricultural, forest protection, and narcotic crop eradication flight operations

.

2. Air Tractor must develop and maintain training manual s that include aeronautical knowledge training on the AT

- 802, AT

- 802A, AT

- 1002, and AT

- 1002A aircraft systems, performance, and handling characteristics. These training manuals must include characteristics that are unique to AT

- 802, AT

- 802A, AT

- 1002, or AT

- 1002A aircraft that are operated above 12,500 pounds. Air Trac tor may exercise the privileges of this exemption only if it has documentation showing approval of its training manuals from the FAA’s General Aviation and Commercial Division, AFS

800, 800 Independence Avenue, SW., Washington, DC 20591. The training manu als and approval documentation must be made immediately available to any representative of the FAA Administrator, upon request.

3. Except as provided in Condition /Limitation No. 4
, before a pilot can serve as pilot in command (PIC) in the AT

- 802, AT

- 802A, AT

- 1002, or AT

- 1002A that pilot must have successfully completed familiarization ground training that includes a review of the approved aircraft flight manual and cockpit familiarization checkout. This checkout must include ground training on the aircraft’s systems, performance, and handling characteristic s

.

4. Pilots who have logged at least 100 hours of flight time, with at least 1 0 hours in the preceding 12 mon t h s, in an AT

- 802, AT

- 802A, AT

- 1002, or AT

- 1002A need not complete the training requirements of Con dition No. 3. A record of this flight time must be made available by the pilot upon request by a representative of the FAA Administrator.

5. Air Tractor must

-

a. Ensure each pilot logs the ground training in his or her logbook, or Air Tractor must record suc h 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.

6. The person qualified to give training under this exemption must meet the following minimum qualif

ications :

a. Be authorized by Air Tractor to give this instruction;
b. Hold at least a commercial pilot certificate; and

c. Meet the following experience requirements:4

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

- 502 or AT

- 802 , AT

- 802A
, AT

- 1002, or AT

- 1002A

.

7. A ir Tractor must make a copy of this exemption available to each pilot who serves as PIC in the AT

- 802, AT

- 802A, A T

- 1002, or AT

- 1002A

.
The Effect of Our Decision Our decision extends the termination date of Exemption No. 5651 M
, to April 30, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service5

Project No.: AFS

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Project Officer: _____________

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- 1/2 00/ 201 :Program Office AFS

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MIKE RHODES CHIEF TEST PILOT AIR TRACTOR, INC. P.O. BOX 485 OLNEY, TX 76374