AFS-11-361-E September 29, 2011

Exemption No. 10369 Regulatory Docket No. FAA-2011-0660

Mr. Malcom Williams

Chief Pilot Vector Disease Control International, LLC

1320 Brookwood Drive Little Rock, AR 72202

Dear Mr. Williams:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated June 20, 2011, you petitioned the Federal Aviation Administration (FAA) on

behalf of Vector Disease Control Internati onal, LLC (Vector Disease Control) for an exemption from § 137.53(c)(2) of Title 14, Code of Federal Regulations (14 CFR). Section 137.53(c)(2) requires that an aircraft (other than a helicopter) that is being operated over a congested area be equipped “with a device capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural material within 45 seconds.” The exemption that you requested would, if granted, allow Vector Disease Control to conduct aerial applications of insecticide materials for the purpose of mosquito control without the aircraft being equipped with the device specified in § 137.53(c)(2) when operating over a congested area. The exemption would apply to the following aircraft:2

Registration Number Make/Model N415CC Piper PA-23-250 N40200 Piper PA-23-250 N737WP Piper PA-23-250

N251RC Cessna 402C

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Vector Disease Control.

The FAA’s analysis/summary is as follows:

Part 137 sets out rules governing the safety of agricultural aircraft operations and the dispensing of materials that is conducted during these operations. This part was adopted to prescribe adequate and uniform regulations not only for the safety of flight but for the protection of the persons and property on the ground. The intent of § 137.53(c)(2) is to provide the pilot with a means of dumping chemicals from the aircraft if an emergency

situation occurs.

The FAA has previously granted a similar exemption from the requirements of § 137.53(c)(2). In Exemption No. 4820 (copy enclosed), the FAA found that the petitioner’s operation would provide a level of safety equivalent to the level required by the regulations because: (1) the aircraft used in the operation would have a significant level of reliability; (2) the aircraft would be operated with a gross weight considerably less than the maximum allowed; and (3) the pilots used in the operation would have experience in excess of the regulatory requirements. The FAA also found that a grant of the exemption would be in the public interest because it would provide more effective control of widespread insect infestations in and around congested areas.

In this case, Vector Disease Control’s exemption request is similar to the circumstances that the FAA addressed in Exemption No. 4820. First, the aircraft used in this operation have two-engine reliability and single-engine performance capability, which permit the aircraft to fly to a safe area in the event of engine failure. Second, under the conditions imposed by thisexemption, aircraft would be limited to a maximum gross weight that will ensure singleengine climb performance capability of at least 200-feet-per-minute positive rate at the prevailing density altitude. Third, the conditions imposed by this exemption would require that the pilots used in the operation have experience that is in excess of the regulatory requirements.

In consideration of the foregoing, I find that a grant of this exemption would provide a level of safety equivalent to the level required by the regulations. I also find that a grant of this exemption would be in the public interest because it would provide more effective insect control in and around congested areas.3

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Vector Disease Control an exemption from 14 CFR § 137.53(c)(2) to the extent necessary to conduct aerial applications of insecticide materials without the aircraft being equipped with a device that is capable of jettisoning at

least one-half of the aircraft’s maximum authori zed load of agricultural materials within 45 seconds when operating over a congested area, subject to the conditions and limitations

described below.

Conditions and Limitations

1. This exemption is limited to Piper PA-23-250 and Cessna 402C model aircraft operated by Vector Disease Control International, LLC (operator).

2. This exemption is valid only when conducting agricultural aircraft operations under 14 CFR part 137.

3. Aircraft operated under this exemption are limited to a maximum gross weight that will ensure single-engine climb performan ce capability of at least 200-feet-per-minute positive rate at the prevailing density altitude.

4. Prior to each flight, the operator or pilot in command (PIC) must prepare a document showing the weight and balance calculations and the single-engine climb performance for the forecast operating density altitude. The document must be retained by the operator for at least 30 days and presented to the Administrator upon request.

5. Each PIC of an aircraft operated under this exemption must have a total of at least1,200 hours of flight time as pilot, including at least 200 hours PIC time in pistonpowered multiengine aircraft, 50 hours of which must have been in part 137 operations.

6. The operator must provide a copy of this exemption to each PIC who operates under the terms of this exemption.

7. A copy of the exemption must be carried on the aircraft while conducting operations under the terms of this exemption.

8. Prior to operating under this exemption, each PIC must have successfully completed flight instruction from an appropriately rated flight instructor on single-engine operations, performance, and handling characteristics of the Piper PA-23-250 or Cessna 402C model aircraft (as applicable). The instruction must be provided in each model of aircraft the PIC will operate under this exemption. A record of this instruction must be made available by the PIC upon request of the Administrator.4

9. The operator must provide a copy of this exemption to its part 137 certificate-holding Flight Standards District Office.

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

This exemption terminates on September 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Enclosure