AFS-11-137-E 

March 25, 2011 

 Exemption No. 8116D 

 Regulatory Docket No. FAA-2003-15744 

Mr. Eugene R. Hill 

Assistant Chief Pilot 

Arctic Air Service 

3820 South Blosser Road 

Santa Maria, CA 93455 

Dear Mr. Hill: 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 8116, as amended. It explains the basis for our decision, describes its effect, and lists the 

revised conditions and limitations. 

The Basis for Our Decision 

By letter posted to the docket on January 15, 2011, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Arctic Air Service (AAS) for an extension of Exemption 

No. 8116, as amended. That exemption from § 133.45(e)(1) of Title 14, Code of Federal 

Regulations (14 CFR) allows AAS to conduct Class D rotorcraft-load combination operations 

with an Agusta A109E helicopter certificated in the normal category under part 27. 

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 of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to AAS. 

Our Decision 
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The FAA is amending the conditions and limitations of your exemption based on the 

information you originally submitted in 2003 (Exemption No. 8116A). You originally 

requested relief to the extent necessary to utilize a rotorcraft not type certificated under 

transport Category A. Section 133.45(e)(1) states: “The rotorcraft to be used must have been 

type certificated under transport Category A for the operating weight and provide hover 

capability with one engine inoperative at that operating weight and altitude.” 

The FAA is clarifying that you are only granted an exemption from the requirement to 

conduct such operations using a rotorcraft that has been “type certificated under transport 

Category A for the operating weight.” You are not exempt from the requirement that the 

aircraft “provide hover capability with one engine inoperative at that weight and altitude.” 

The FAA has determined that the justification for the issuance of Exemption No. 8116, 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 revised conditions and 

limitations listed below. 

Conditions and Limitations 

1. In accordance with § 133.37, AAS must conduct training in accordance with an 

approved Class D rotorcraft-load combination training program prior to conducting 

Class D operations. The training program must include initial and recurrent training 

for pilots and other operations personnel, as appropriate. 

2. The certificate-holding district office (CHDO) for AAS must approve the Class D 

training program. 

3. AAS must maintain a current CHDO-approved rotorcraft-load combination flight 

manual, which meets the requirements of § 133.47. 

4. AAS may utilize the provisions of this exemption only when operating 

Augusta A109E helicopters in the transport of maritime pilots to and from ships in 

U.S. ports. 
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5. This exemption does not relieve AAS from complying with the portion of 

§ 133.45(e)(1) which states, “...and provide hover capability with one engine 

inoperative at that operating weight and altitude.” 

6. Prior to each flight, the pilot in command must confirm that the weight and balance 

and performance of the rotorcraft are within the A109E Rotorcraft Flight Manual 

(RFM) and RFM supplement limitations, as necessary to comply with Condition No. 5 

of this exemption. 

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

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8116, as amended, to 

August 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service