AFS

- 14

- 059

- E April 21, 2014

Exemption No. 10142 D Regulatory Docket No. FAA

- 2010

- 0134

Mr. Michael D. Schiffer

Partner Al’s Aerial Spraying , LLC 3473 North Shepardsville Road

Ovid , MI 4 8866

Dear Mr. Schiffer :

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

10142 . It expl ains 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 . Th e exemption from § 137.51(b)(4)(i) of Title 14

, Code of Federal Regulations allow s 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 a mendm e nt y ou r e qu e sted w ould 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 Re gister on February 25, 2014 (79 FR 10601). The FAA received no comments.2

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 conti nuity 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 Sprayi ng 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 provi ded by 49 U.S.C. §§ 106(f), 40113

, and 44701, which the FAA Administrator has delegat ed to me, I grant Al’s Aerial Spraying, LLC this exemption to use a sin g l e

- e n g ine

tu r bopr o p e l l e r

- pow e r e d Air T rac tor a ir c r a ft to m a ke turn a roun d s ov e r c on g e sted a r e a s in a

lo a d e d c onfi g u ra t i on, subj ec t t o the f ol l owing c ondi t ions and l i m i tations 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 substan ces 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 interval s

.

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 lan ding 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

o perator 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 at3

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

- po wered 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 A ircraft 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 m ust 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 un der 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 a n 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 for4

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

T he termination date of Exemption No. 10142 remains October 31, 2014

, unless so oner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards S ervice