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 Cl ass 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 Decision2

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.3

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 w ithin 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