AFS-13-209-E

April 19, 2013

 Exemption No. 5210M

 Regulatory Docket No. FAA-2001-8870

Mr. W. Michael Radoslovich

Massachusetts Institute of Technology

Lincoln Laboratory—Flight Facility

244 Wood Street

Lexington, MA 02420

Dear Mr. Radoslovich:

This letter is to inform you that we have granted your petition to extend Exemption No. 5210, 

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 February 5, 2013, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Massachusetts Institute of Technology (MIT) for an extension to Exemption 

No. 5210, as amended. That exemption from § 91.319(c) of Title 14, Code of Federal 

Regulations (14 CFR) allows MIT to operate over densely populated areas or in congested 

airways using the following aircraft having experimental airworthiness certificates:

N105TB Gulfstream II

N404PA Boeing 707

N448TB Dassault Falcon 20

N20NY Dassault Falcon 20

N63AR DeHavilland Twin Otter DHC-6
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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 Register because the requested extension and amendment to the exemption 

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

MIT.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5210, as 

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

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations below.

Conditions and Limitations

1. Operations under this exemption are limited to contracts with agencies of the 

United States Federal Government, such as the Department of Defense.

2. Before all initial operations conducted under each new contract or amendment to an 

existing contract described in Condition No. 1, the following information must be 

submitted to the FAA Eastern Region Flight Standards Division (AEA-200)—

a. Scope of the operation, that is, a general description of the purpose, duration, 

geographic location, type of aircraft, modification to those aircraft, altitudes, 

and airspeeds anticipated, and why the operation is in the public interest; and

b. Name, address, and telephone number of the contracting agent of the Federal

Government agency administering the contract.

3. Operations under this exemption are limited to aircraft initially certificated as 

standard category.

4. All aircraft must be listed with an approval for use by the FAA Manufacturing 

Inspection Office (ANE-180), New England Region headquarters, 12 New England 

Executive Park, Burlington, Massachusetts 01803, and the Boston Flight Standards 

District Office (FSDO), One Cranberry Hill, Suite 402, Lexington, 

Massachusetts 02421-7394, before the initial flight under this exemption or each 

time an aircraft is added to or deleted from the list. The petitioner shall mail a copy 

of this exemption to both ANE-180 and the Boston FSDO.

5. Before the operation under this exemption, all proposed modifications to aircraft 

must be submitted to both ANE-180 and the Boston FSDO for FAA approval.
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6. MIT must obtain revised operating limitations issued in the aircraft listed for the 

airworthiness certificates issued for each aircraft covered by this exemption, as 

amended, to continue conducting operations under the exemption.

7. Only personnel and equipment essential to the flight may be on board during 

operations under this exemption.

8. No aircraft may be operated under this exemption until it has been flight tested 

outside congested airways and not over densely populated areas and has shown 

that—

a. The aircraft is controllable throughout its normal range of speeds and 

throughout all the maneuvers to be executed;

b. The aircraft has no hazardous operating characteristics or design features; and

c. All flightcrew personnel have been thoroughly briefed concerning the aircraft 

modification, flight test in detail, and any changes to the aircraft’s flight 

characteristics. Additionally, changes outside the aircraft’s performance 

envelope specified by the FAA-approved flight manual must be placarded.

9. Notwithstanding the experimental nature of the internal and external electronic 

modifications made for the specific purpose of research and development, no aircraft 

may be operated under this exemption unless it is maintained in accordance with the 

appropriate requirements in 14 CFR for standard category aircraft.

10. Pilots must hold at least a commercial pilot certificate with an instrument rating and, 

if required, the appropriate type rating.

11. To act as pilot in command (PIC) of an aircraft under this exemption, pilots must 

have at least 50 hours in the type of aircraft (if a type rating is required) and at least 

10 hours in the make and model of aircraft.

12. Aircraft that would require two pilots if certificated in standard category must have a 

PIC and second in command who are current and qualified in accordance with 

part 61.

13. Aircraft operated under this exemption must maintain an en route altitude of no 

lower than 7,000 feet above ground level over densely populated areas. 

Additionally, where possible, aircraft operating under visual meteorological 

conditions must avoid flights over congested areas.

14. MIT must request approval from the appropriate FAA air traffic control facility for 

all flights into a congested airway.
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15. For all high speed operations that do not meet the provisions of § 91.117, MIT must 

receive approval from the FAA FSDO having jurisdiction over the area where the 

operation will be conducted.

16. For all low-level operations that fail to meet the provisions of §§ 91.119(b) or (c), 

MIT must receive a waiver from the FAA FSDO having jurisdiction over the area 

where the operation will be conducted.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5210, as amended, to 

July 31, 2015, unless sooner superseded or rescinded. 

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service