AFS-15-390-E April 24, 2015

Exemption No. 11383 Regulatory Docket No. FAA-2015-0127

Mr. Matt Van Pelt

CHI Aviation

3679 Bowen Road Howell, Michigan 48855

Dear Mr. Van Pelt:

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

The Basis for Our Decision

By letter dated January 16, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Construction Helicopters, Inc. DBA CHI Aviation (CHI) for an exemption from §§ 91.313(a) and (b) of Title 14, Code of Fede ral Regulations (14 CFR) to the extent necessary to allow CHI to conduct operations ne eded to satisfy crewmember training, type rating requirements, and proficiency requireme nts found in part 61 in the CH-47D series restricted category aircraft.

Although the petition requests re lief from § 91.313(b), the FAA does not believe that an exemption from that provision is necessary. This provision allows an operator to consider training for the special purpose operation for whic h the aircraft is certificated to be an operation for that special purpose. Since CHI w ill not be conducting training directly related to the special purpose under this exemption, relief from § 91.313(b) is not required.

Further, and although not specifically requested, the FAA believes that re lief from § 91.313(c) will be necessary in order for the petitioner to conduct operations described in its request. Therefore, the FAA is construing the petiti on as a request for relief from § 91.313(c).2

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 CHI.

The FAA contacted CHI on March 20, 2015, to clar ify who owns the aircraft that CHI would operate under the requested relief. CHI responde d via email the same day and noted that the aircraft to be used under the exemption are owned by CHI. A record of conversation that captures this information was placed in the docket.

The FAA has issued a grant of exemption in circ umstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 11245 (copy enclosed), the FAA found that an exemption was appropriate to allow Neptune Aviation Services to conduct practical tests, proficiency trai ning, and associated flights in restricted category aircraft.

Having reviewed your reasons for re questing an exemption, I find that:

 They are similar in all material respects to relief previously request ed in the enclosed Grant of Exemption No. 11245;

 The reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11245 also apply to the situ ation you present; and

 For the reasons stated in Gr ant of Exemption No. 11245 a grant of exemption is in the public interest.

Our Decision

Therefore, pursuant to the authority c ontained in 49 U.S.C. §§ 106(f), 40113 and 44701 delegated to me by the Administrator, I gr ant Construction Helicop ters, Inc., DBA CHI Aviation (CHI) an exemption from 14 CFR §§ 9 1.313(a) and (c) to the extent necessary to allow CHI to conduct operations needed to satisfy crewmember tr aining, type rating requirements, and proficiency re quirements found in part 61 in the CH-47D series restricted category aircraft, subject to the cond itions and limitations listed below.

Conditions and Limitations

1. The privileges of this exemption are limited to the following aircraft:

a. CH-47D: N947CH, N948CH and N949CH

2. CHI must be in full operational control of any aircraft operated using the privileges of this exemption.

3. The relief from § 91.313(c) is only granted to the extent necessa ry to allow for the operations described in Condition/Limitation No. 4.3

4. CHI may only use the aircra ft for the special purposes identified on the restricted category airworthiness certificate for the aircraft in Condition/Limitation No. 1 and the following operations:

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots employed by CHI,

b. Flight training for pilots employed by CHI seeking to take a practical test for a type rating designation nece ssary to operate an airc raft covered under this exemption; and,

c. Observation flights performed for the purpose of designating or observing a Designated Pilot Examiner (DPE).

5. An aircraft configuration analysis includi ng, but not limited to, flight deck, flight manual, operating limitations, required pl acards, and procedures must be completed and provided to the Flight St andards District Office (FSDO) with geographic responsibility for the airport or area where the aircraft is based. This analysis must reflect the capability of the aircraft to perform all required procedures and maneuvers necessary to m eet the applicable requirements of the aircraft type rating Practi cal Test Standards (for helicopters, FAA-S-8081-20 as amended).

6. A copy of this exemption must be provi ded to the FSDO in the geographic region where the aircraft is based, must be provided to any representative of the Administrator upon request, and must be carri ed aboard the aircraft at all times.

7. Failure to meet any of the conditions of this exemption immediately cancels the authority authorized by this exemption.4

8. This exemption is not valid for operating outside the United States.

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, F light Standards Service

Enclosure Exemption No. 11245