AFS-16-13425-E

December 27, 2016

 Exemption No. 11030B

 Regulatory Docket No. FAA-2014-0040

Mr. Jose G. Nieves

Chief Pilot, Standardization and Training

Sikorsky Aircraft Corporation

6900 Main Street, Mail Stop S212A4

Stratford, CT 06615

Dear Mr. Nieves:

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

No. 11030, as amended. 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 7, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Sikorsky Aircraft Corporation (SAC) for an extension of, and amendment to,

Exemption No. 11030, as amended. That exemption, from §§ 61.3(a)(1) and 91.9(a) of 

Title 14, Code of Federal Regulations (14 CFR), allows Sikorsky to conduct sales 

demonstration flights, customer crew training flights, and customer acceptance flights in the 

S-70i aircraft and sales demonstration flights in the S-92 aircraft.

In your letter dated June 7, 2016, you requested two amendments to Exemption 11030, as 

amended. You requested an amendment that would extend the current exemption privileges 

granted to the S-70i to all S-70 models manufactured and currently sold by SAC. These 

models are listed in your email of August 5, 2016 to the FAA. Your second amendment 

request would remove the condition pertaining to flights under a special airworthiness

certificate in the experimental category that limits these flights to sales demonstrations. In 

your petition, you stated that certain aircraft manufactured by SAC for foreign sales are 

operated under a special airworthiness certificate, and this prevents certain customer pilots 

from participating in training flights and aircraft acceptance flights in these aircraft. 
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In your email of August 5, 2016, you indicated that the only persons carried on demonstration 

and acceptance flights are the SAC pilot-in-command (PIC), the customer pilots as second-incommand (SIC), and a crew chief, as necessary. You indicated that training flights are 

conducted with the SAC PIC, two student pilots, and a crew chief as required.

Your email of August 8, 2016, stated that your usual training flight allows two student pilots 

to alternate as SIC, and that each pilot serves exclusively as the SIC during one of two flight

legs. During the leg when not acting as SIC, the student SIC helps with the checklist during 

start-up and shutdown, observes the flight, and helps with airspace surveillance and obstacle 

avoidance.

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. 

Our Decision

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 amendment to the exemption would

not set a precedent, and any delay in acting on this petition would be detrimental to SAC.

The FAA has determined that the justification for the issuance of Exemption No. 11030, as 

amended and with two amendments as requested in your letter of June 7, 2016, remains valid 

with respect to this exemption, is in the public interest, and presents no significant impact 

upon the of safety of flight. 

The FAA has amended several of the conditions and limitations of Exemption No.11030, as 

amended, to clarify our original intent. While the relief does not change substantially, all users 

of the exemption should thoroughly review the revised conditions and limitations.

Conditions and Limitations Nos. 1, 3, 4, 6, 7, 8 were expanded to include all models of S-70 

aircraft currently manufactured and sold by SAC. All S-70 models of aircraft have similar 

operating characteristics, and the FAA is of the opinion that there is no impact upon the safety

of flight when extending the exemption priviledges to all S-70 models. 

Condition and Limitation No. 1 originally restricted S-92 flight operations using the privileges 

of Exemption 11030, as amended, to sales demonstration flights. With this amendment, flight 

operations using the privileges of this exemption are now expanded in Condition and 

Limitation No. 1(b) and 1(c) to allow customer crew training and customer acceptance flights. 

The FAA believes that there is similar risk among these types of flight missions and that SAC 

training and customer acceptance flights would be in the public interest, because they promote 

competition in the industry. Allowing Sikorsky to demonstrate the capabilities of the S-70 

and S-92 aircraft on training and customer acceptance flights will constitute favorable 

marketing for the company and therefore benefit the economy.
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Condition and Limitation No. 5 was added to allow a second customer pilot to be on board a 

training flight in an S-92 aircraft with a special airworthiness certificate in the experimental 

category provided that customer pilot has the opportunity to act as SIC during one of two 

planned flight legs. The FAA understands that the crew would change position between flight 

legs while the aircraft is on the ground. 

The previous Condition and Limitation No. 5, now No. 6, was amended to ensure that all 

flight operations under this exemption, that are between 1 hour after sunset to 1 hour before 

sunrise, must be operated with at least one qualified additional crewmember on board and the

flight is conducted in accordance with 14 CFR §§ 61.31(k) and 61.195(k) for night vision 

goggle (NVG) operations.

Condition and Limitation No. 8(c) was added to accommodate new Condition and Limitation 

No. 5 and to limit the number of potential SICs to those individuals who could contribute to 

safe operation and who would receive flight training. The FAA notes that the non-flying 

observer who intends to act as SIC on a training flight adds to the situational awareness of the 

flight crew. It is the opinion of the FAA that this enhancement to safety offsets any risk 

associated having one additional person on board the aircraft, and that allowing a second SIC

promotes the objectives that are relevant to the safety of the flight training mission. 

Exemption 11030A, issued February 9, 2016, included the term “flight engineer” in various 

places. A person who is a flight engineer, however, is a crewmember who holds a 

certification under 14 C.F.R. part 63, subpart B that is not required for helicopter operations. 

The FAA corrects this oversight in the exemption at hand by amending the previous 

Condition and Limitation No. 7(d), now No. 8(d), to remove flight engineers.

The FAA would like to clarify and expand on the use of the term “student pilot” in your 

follow-up clarification email on August 8, 2016. The term student pilot has a specific 

meaning in the flight training environment, therefore it is important to point out, although you 

use this term, you in fact are referring to pilots who are qualified to act as a customer pilot 

(SIC) in a SAC aircraft. 

The FAA has determined that the justification for the issuance of Exemption No. 11030, 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. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant Sikorsky Aircraft Corporation (SAC) an exemption 

from 14 CFR §§ 61.3(a)(1) and 91.9(a) to conduct sales demonstration flights, customer crew 

training flights, and customer acceptance flights in S-70 and S-92 aircraft, subject to the 

conditions and limitations listed below.
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Conditions and Limitations

1. All flight operations for S-92 and S-70 aircraft using the privileges of this exemption 

are limited to:

a. Flights for sales demonstration purposes;

b. Customer crew training;

c. Customer acceptance purposes;

d. Operations conducted in:

i. Visual meteorological conditions (VMC) day; or, 

ii. VMC night (including under night vision goggles (NVG)); and

e. Operations that do not involve:

i. Delivery of an aircraft; or,

ii. Maintenance or manufacturing flight testing. 

2. SAC must be in full operational control of any aircraft operated using the privileges of 

this exemption.

3. The pilot-in-command (PIC) of any flights operated using the privileges of this 

exemption must:

a. Hold a valid U.S. commercial pilot certificate or airline transport pilot (ATP) 

certificate, with rotorcraft category, helicopter class, and either an S-70 or S-92 

type rating corresponding to the aircraft to be flown under the privileges of this 

exemption;

b. Hold a current FAA flight instructor certificate with a rotorcraft category and 

helicopter class rating;

c. Be designated in writing by SAC as an instructor pilot in either the S-70 or S92 corresponding to the aircraft to be flown under the privileges of this 

exemption;

d. Hold a valid U.S. first or second class medical certificate;

e. Have logged at least 50 flight hours as PIC of an S-92 or S-70 aircraft 

corresponding to the aircraft to be flown under the privileges of this 

exemption;
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f. Be directly employed by SAC;

g. Remain the PIC for the duration of the flight; and, 

h. For flights conducted between 1 hour after sunset to 1 hour before sunrise, 

have the NVG endorsements described by §§ 61.31(k) and 61.195(k) with 

rotorcraft category and helicopter class.

4. The person acting as second-in-command (SIC) of any flight operated using the 

privileges of this exemption must:

a. Be able to speak and understand the English language;

b. Be an authorized representative of a branch of the U.S. or foreign military 

service, or be an authorized representative of a legitimate potential purchaser of

an S-92 or S-70 aircraft, as applicable, from SAC; and, 

c. Meet one of the following:

i. Hold a valid U.S. commercial pilot certificate or airline transport pilot 

certificate with rotorcraft category and helicopter class rating; or, a pilot 

certificate with rotorcraft category and helicopter privileges issued by 

an ICAO-member state; or, 

ii. Hold military orders or other documentation identifying the person as 

being rated as a current helicopter pilot and a current member of a 

branch of the U.S. or foreign military service.

5. Training flights using the privileges of this exemption may carry one additional 

customer pilot provided that customer pilot is designated to be SIC on at least one leg 

of the training flight.

 

6. All flight operations using the privilege of this exemption must be operated with at 

least one qualified additional crewmember on board (other than the person identified 

in Condition and Limitation Nos. 3, 4, and 5) who:

a. Is employed by SAC; 

b. SAC has found to be qualified to act as a crew chief in the S-92 or S-70

aircraft, as applicable; and
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c. For flights conducted between 1 hour after sunset to 1 hour before sunrise, is 

qualified and current in accordance with 14 CFR §§ 61.31(k) and 61.195(k) for 

NVG operations.

7. For all flight operations using the privileges of this exemption, the PIC must conduct a 

preflight briefing with each pilot and additional crewmember, to include:

a. A review of the conditions and limitations of this exemption;

b. A review of the intended flight including all maneuvers to be performed; and, 

c. A review of all normal and emergency procedures for the S-92 or S-70 aircraft, 

as applicable.

8. No individual other than those listed below in this Condition and Limitation may be on 

board the aircraft during a flight conducted using the privileges of this exemption:

a. The PIC identified by Condition and Limitation No. 3;

b. The SIC identified by Condition and Limitation No. 4;

c. The additional customer pilot identified by Condition and Limitation No. 5; 

d. The crew chiefs identified by Condition and Limitation No. 6; and,

e. If determined necessary for the conduct of the flight by the PIC, a person that 

meets all of the following requirements;

i. Is employed by SAC;

ii. Is not acting as PIC of the aircraft; 

iii. Holds the appropriate U.S. airman and medical certificates to act as SIC 

in either the S-92 or S-70 aircraft, as applicable; and,

iv. SAC has found to be qualified to serve as SIC in the S-92 or S-70

aircraft, as applicable.

9. This exemption is not valid for operations outside of the United States.
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The Effect of Our Decision

This exemption terminates on December 31, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service