AFS-10-116-E March 12, 2010 Exemption No. 10031 Regulatory Docket No. FAA-2002-11937

Mr. Travis J. Garnick

President Butler Aircraft Company

1050 East Sisters Avenue Redmond, Oregon 97756

Dear Mr. Garnick:

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 December 5, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of Butler Aircraft Company (Butler) for an extension of and amendment to Exemption No. 5204, as amended. That exemption from § 91.611 of Title 14, Code of Federal Regulations (14 CFR) allowed Butler to conduct ferry flights with one engine inoperative on its DC-6/DC-7 aircraft (regi stration Nos. N401US, N6353C, and N838D) without obtaining a special flight permit for each flight. The amendment you request would remove the reference of § 91.45 from the exemption. That exemption, however, expired on January 31, 2010. Therefore, we will treat your request as a new petition.

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 Butler.

In your previously granted exemption, the FAA found that Butler previously held a part 125 certificate and although it no longer operates under this rule, it does have the training and capability to conduct three-engine ferry flights of the DC-6/DC-7 series aircraft as this has2

been successfully demonstrated in the past. Moreover, the FAA determined that a level of safety equivalent to that provided by the rule from which the exemption was sought would be provided because Butler patterned its policies and procedures after part 125 operations.

Having reviewed your reasons for requesting an exemption, I find that—

• they do not differ materially from those presented in your previous grant of exemption;

• the reasons stated by the FAA for granting your previous exemption also apply to the situation you present; and

• a grant of exemption is in the public interest.

Conditions and Limitations

1. This exemption applies to the following DC-6/DC-7 series aircraft operated by Butler: registration Nos. N401US, N6353C, and N838D.

2. All one-engine-inoperative ferry flights must be conducted in accordance with the provisions contained in the FAA-approved flight manual required by Aircraft Specification Nos. A-781 and 4A10.

3. The airplane flight manual and operator's manual must contain performance data and operating and maintenance procedures for the safe operation of the airplane as required by § 91.611 and approved by the FAA Flight Standards District Office responsible for Butler.

4. Flights will be permitted only when visual flight rules conditions exist at points of takeoff and landing or any alternate points of landing and must be limited to crew essential to the purpose of the flight.

5. Each pilot in command must be given adequate training in three-engine ferry flight operation and an appropriate entry made in his/her logbook by a person so authorized by Butler.

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 Butler Aircraft Company an exemption from 14 CFR § 91.611 to conduct ferry flights with one engine inoperative on its DC-6/DC-7 aircraft (registration Nos. N401US, N6353C, and N838D) without obtaining a special flight permit for each flight.

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ John W. McGraw, Acting Director, Flight Standards Service