AFS-12-134-E February 2, 2012

Exemption No. 10142B Regulatory Docket No. FAA-2010-0134

Mr. Michael D. Schiffer

President 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, as amended. It explains the basis for our decision, describes its effect, and lists

the conditions and limitations.

The Basis for Our Decision

By letter dated Decem ber 12, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Al’s Aerial Spraying, LLC for an extension of Exemption No. 10142, as amended. That exemption from § 137.51(b)(4)(i) of Title 14, Code of Federal Regulations allows Al’s Aerial Spraying to use a singl e-engine turbopropeller-powered Air Tractor aircraft to make turnarounds over congested areas in a loaded configuration.

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 Al’s Aerial Spraying.2

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 10142, 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 following conditions

and limitations.

Conditions and Limitations

1. This exem ption 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-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.

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 least 50 hours of pilot in command (PIC) time in Air Tractor AT-502B airplanes, 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. The load carried in the aircraft hopper may not exceed 3,300 pounds prior to conducting turnarounds over a congested area. The PIC is responsible for3

ensuring that the aircraft remains within the AT-502B Airplane Flight Manual

limitations at all times.

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 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.4

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

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 10142, as amended, to April 30, 2014, unless sooner superseded or rescinded.

Sincerely,

John M. Allen Director, Flight Standards Service