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Exemption No. 10031B

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

AERO AIR, LLC Regulatory Docket No. FAA-2002-11937

dba Erickson Aero Tanker, LLC

 

for an exemption from § 91.213 (a)(b)

and (d) of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letter dated November 5, 2012 and posted to the docket on December18, 2012, 

Mr. Steve Boyce, Director of Maintenance, Aero Air, LLC, (Aero Air), Portland – Hillsboro 

Airport, 2050 NE 25th Avenue, Hillsboro, OR 97124, petitioned the Federal Aviation 

Administration (FAA) on behalf of Aero Air for an amendment to Exemption No. 10031, 

originally issued to Butler Aircraft (Butler). In your petition, you indicate that Aero Air 

acquired the operating assets of Butler, which includes three DC-7 series aircraft for use in 

firefighting activities. The amendment you request would change the exemption holder from 

Butler to Aero Air. You stated that exemption from § 91.611 of Title 14, Code of Federal 

Regulations would allow Aero Air to conduct ferry flights with one engine inoperative on its 

DC-7/ DC-7B aircraft (registration Nos. N401US, N6353C and N838D) to a base for the 

purpose of repairing that engine without obtaining a special flight permit for each flight. 

Since Butler assets were acquired by Aero Air, the FAA will treat this as a new petition for 

exemption by Aero Air rather than an extension or transfer of the exemption previously 

granted to Butler.

The petitioner requests relief from the following regulations:

Section 91.611 prescribes, in pertinent part, that the holder of an air carrier operating 

certificate or an operating certificate issued under part 125 may conduct a ferry flight 

of a four-engine airplane or a turbine-engine-powered airplane equipped with three 

engines, with one engine inoperative to a base for the purpose of repairing that 

engine.
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The FAA finds that Aero Air does not operate these aircraft under an air carrier operating 

certificate or an operating certificate issued under part 125, therefore this regulation does not 

apply to Aero Air. Section 91.213, Inoperative instruments and equipment, would be the 

more appropriate regulation for this request and an exemption from this regulation would 

better serve the petitioner. 

Section 91.213 states, in pertinent part, that no person may take off an aircraft with 

inoperative instruments or equipment installed unless an approved MEL exists for that 

aircraft and a letter of authorization to operate under that MEL is aboard the aircraft. 

The petitioner supports its request with the following information:

1. The requirements of test flight found in § 91.611 have already been proven to the FAA 

for the DC-7 series aircraft and there should be no need to revalidate this information. 

2. Aero Air has an “aggressive” training program to facilitate the operation of these 

aircraft in firefighting operations. In fact, the petitioner states, several flight crew 

members are the same as those covered under the Butler exemption. 

3. Aero Air supports its ability to operate under an equivalent level of safety by stating 

that their processes and procedures are patterned after their part 135 operations. The 

petitioner states that each pilot has been provided “adequate” training under Aero 

Air’s training program to conduct three engine ferry flight operations and an entry will 

be made in each pilot’s log book to validate the authorization to perform three-engine 

ferry. 

4. Aero Air states that granting this exemption will allow for the most expeditious means 

of ferrying an aircraft with one engine inoperative to a location where an engine 

change can be performed without the need to wait for an FAA ferry permit. 

Eliminating a delay, the petitioner argues, will allow the aircraft to return to 

firefighting operations in a timely manner minimizing impact to the taxpayer and 

enhancing the ability to protect damage to property and the environment due to fire. 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because any delay in acting on this petition would be detrimental to Aero 

Air.

The FAA's analysis is as follows:

The petitioner states that the requirements of test flight found in § 91.611 have already been 

proven for the DC-7 series aircraft. The FAA agrees that the DC-7 series aircraft approved 

Airplane Flight Manual (AFM) contains airplane performance data with one engine 

inoperative per § 91.611(a)(2) and was test flown and found satisfactory in accordance with 

§ 91.611(b). Operations in accordance with the AFM will provide an equivalent level of 

safety to the regulations from which exemption is sought. 
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Aero Air states that it has an “aggressive” training program. The FAA agrees that Aero Air 

has a documented pilot training program for operations under 14 CFR part 135 which 

includes ferrying of these aircraft with one engine inoperative. The FAA believes that 

adequate training of each pilot in command in three-engine ferry flight operation can be 

controlled and verified by requiring the appropriate entry be made in his/her logbook by a 

person so authorized by Aero Air. Although the FAA cannot transfer Exemption No. 10031, 

as amended, to Aero Air, we can consider the fact that Aero Air has acquired the operating 

assets and some flight crewmembers from Butler when conducting the safety analysis. The 

Flight Standards District Office confirmed that three-engine ferry operations were conducted 

safely during the period Butler operated the DC-7 series aircraft under Exemption No. 10031.

Public Interest:

Aero Air states that granting this exemption will allow for the most expeditious means of 

relocating an aircraft with one inoperative engine to a location to perform the engine change 

without the need to wait for the FAA to issue a ferry permit. The FAA agrees that granting 

the exemption with appropriate conditions and limitations will create efficiencies in the use of 

FAA and taxpayer resources while simultaneously providing a means for the aircraft to be 

repaired and returned to public service as a firefighting asset without compromising safety. 

The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption provides an equivalent 

level of safety and is in the public interest. Therefore, pursuant to the authority contained 

in 49 U.S.C. §§ 40113 and 44701 delegated to me by the Administrator, Aero Air, LLC is 

granted an exemption from 14 CFR §§ 91.213(a), (b), and (d) to the extent necessary to allow 

Aero Air to conduct ferry flights with one engine inoperative on its DC-7/ DC-7B aircraft

(registration Nos. N401US, N6353C, and N838D) to a base for the purpose of repairing that 

engine without obtaining a special flight permit for each flight, subject to the conditions and 

limitations listed below.

Conditions and Limitations

1. This exemption is limited to ferry flight operations under § 91.213 with one engine 

inoperative. No other inoperative instruments or equipment is permitted under this 

exemption.

2. A copy of this exemption must be carried on board the applicable aircraft at all times.

3. The AFM and operator’s manual must contain performance data and operating and 

maintenance procedures for the safe operation of the airplane as provided in § 91.611 

and approved by the FAA Flight Standards District Office responsible for Aero Air.

4. All one-engine-inoperative ferry flights must be conducted in accordance with the 

operational requirements of § 91.611 and the provisions contained in the FAAapproved AFM required by Aircraft Specification 4A10.

5. The inoperative engine shall be inspected by an appropriately certificated person to 

determine that it will not adversely affect the ferry flight.
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6. Flights will be permitted only when visual flight rule conditions exist at points of 

takeoff and landing or any alternate points of landing.

7. Each crew member must be adequately trained in three-engine ferry flight operation, 

in accordance with the requirements contained in § 91.611(a)(6), and each pilot in 

command must have an appropriate entry made in his/her logbook by a person so 

authorized by Aero Air documenting the training.

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

This exemption terminates on July 31, 2015, unless sooner superseded or rescinded.

Issued in Washington, DC, on July14, 2013.

/s/

John M. Allen

Director, Flight Standards Services

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