AFS-14-059-E

April 21, 2014

 Exemption No. 10142D

 Regulatory Docket No. FAA-2010-0134

Mr. Michael D. Schiffer

Partner

Al’s Aerial Spraying, LLC

3473 North Shepardsville Road

Ovid, MI 48866

Dear Mr. Schiffer:

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

10142. It explains the basis for our decision, describes its effect, and lists the conditions and 

limitations.

The Basis for Our Decision

By letter dated November 22, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Al’s Aerial Spraying, LLC (Al’s Aerial Spraying) for an extension and 

amendment to Exemption No. 10142. The exemption from § 137.51(b)(4)(i) of Title 14, 

Code of Federal Regulations allows Al’s Aerial Spraying to use a single-engine 

turbopropeller-powered Air Tractor aircraft to make turnarounds over congested areas in a 

loaded configuration. 

The amendment you requested would revise conditions numbered 5, 6, and 9. The FAA has 

determined that good cause exists for publishing a summary of the petition in the Federal 

Register because the requested amendment of the exemption would set a precedent. A 

summary of the petition was published in the Federal Register on February 25, 2014 

(79 FR 10601). The FAA received no comments.
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Our Decision

Due to the Federal Register comment period closing on February 25, 2014, the FAA is still 

analyzing Al’s Aerial Spraying amendment request. To ensure continuity of operations, the 

FAA is granting the exemption requested in the letter dated November 22, 2013, with no 

change, for 6- months. During this time period, the FAA will make a decision on the 

amendment request. There is no need for Al’s Aerial Spraying to petition for extension during 

this time period. 

The FAA has determined that the justification for the issuance of Exemption No. 10142

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

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

has delegated to me, I grant Al’s Aerial Spraying, LLC this exemption to use a single-engine 

turbopropeller-powered Air Tractor aircraft to make turnarounds over congested areas in a

loaded configuration, subject to the following conditions and limitations described below.

Conditions and Limitations

1. This exemption is valid only for operations conducted by Al’s Aerial Spraying, 

LLC (operator) under part 137 certificate number MROG545G and only 

authorizes turnarounds over congested areas.

2. This exemption is valid only for operations in support of Federal, State, or local 

governments for the purposes of public health or forestry protection, where the 

aircraft is dispensing benign substances such as pheromones or Bacillus 

thuringiensis (Bt).

3. Operations are limited to Air Tractor AT-400, AT-402B, AT-502, and AT-502B 

airplanes. Each airplane must comply with all manufacturers service bulletins. 

Each airplane engine must meet or exceed the manufacturer recommended time 

between overhaul intervals. 

4. All operations must be conducted with an FAA-approved congested area plan 

(CAP) in compliance with all remaining provisions of § 137.51.

5. The approved CAP must identify applicable emergency landing areas in 

compliance with § 137.51(b)(4)(iii). The identified emergency landing areas must 

be located away from congested areas, no more than 1 nautical mile away from 

the point at which turnaround over a congested area will begin. In each CAP, the 

operator must show that at any time during a turnaround over a congested area, 

the airplane could reach an emergency landing area that is not congested in the 

event of an engine failure. 

6. Each pilot must hold a commercial pilot certificate and be employed directly by 

the operator. In addition to the requirements of § 137.53, each pilot must have at 
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least 50 hours of pilot in command (PIC) time in the designated model Air 

Tractor airplane to be flown; 100 hours of PIC time in single-engine 

turbopropeller-powered airplanes; and 500 hours of PIC time dispensing 

agricultural materials or chemicals. 

7. The PIC is the only person authorized to be on board during operations conducted 

under this exemption.

8. Maximum aircraft load prior to conducting turnarounds over a congested area 

may not exceed the following:

a. Maximum loading of the AT-502B & AT-502 shall not exceed a 3300

pound hopper load.

b. Maximum loading of the AT-402B & AT-400 shall not exceed a 2600 

pound hopper load.

Hopper loading may be increased in exchange for a pound-for-pound reduction 

in fuel loading. No Aircraft Flight Manual (AFM) limitations, may be 

exceeded.

9. Each turnaround over a congested area must begin at an indicated airspeed of 

140 mph, at a minimum altitude of 200 feet AGL.

10. The operator must train all pilots conducting operations under this exemption on 

procedures for engine failure over a congested area. The principal operations 

inspector (POI) for the operator must review and accept the training plan prior to 

any operations conducted under this exemption. 

11. The operator must collect and submit the following data to the POI on a quarterly 

basis and provide a summary of the data in any requests for extension of this 

exemption. Data must be collected for each flight where the operator made at 

least one turnaround over a congested area:

a. Number of approved CAPs;

b. Number of flight-hours;

c. Number of flights conducted (i.e. cycles);

d. Number and description of any engine malfunctions experienced in flight;

e. Description of any incidents or accidents;

f. Description of the product dispensed; and 

g. Any additional information the operator determines may be relevant.

12. The operator must report any accident, incident, or engine failure while using this 

exemption to the POI within 1 business day following such an event. Operations 

under this exemption must be immediately suspended until the Flight Standards 

District Office with jurisdiction completes an investigation of the event. The POI 

must submit a summary of the investigation findings and a recommendation for 
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continued operations or termination of the exemption to the General Aviation and 

Commercial Division (AFS-800) before any operations using this exemption may 

resume.

13. The operator must carry a copy of this exemption on board the aircraft when in 

use.

14. This exemption is not valid for operations outside the United States.

The Effect of Our Decision

The termination date of Exemption No. 10142 remains October 31, 2014, unless sooner 

superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service