AFS

- 13

- 401

- E August 14, 2013

Exemption No. 10844 Regulatory Docket No. FAA

- 2001

- 9782

Mr. Peter M. McNeil Clarke Mosquito Control

159 North Garden Avenue Roselle, IL 60172

Dear Mr. Mc Neil:

This letter is to inform you that we have granted your petition for exemption . It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By letter dated June 4, 201 3 , you peti tioned the Federal Aviation Administration (FAA) on behalf of Clarke Mosquito Control (CMC) for an extension to Exemption No. 8568, as amended. That exemption from § 91.313 (d) of Title 14, Code of Federal Regulations allows CMC to carry passengers in cert ain aircraft, certificated in the restricted category, while performing aerial

- site survey flights. Exemption No. 8568 expired on June 30, 201 3

. Therefore, we will treat your request as a new petition.

In your petition, you indicate that there has been n o 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 becau se the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CMC.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in yo ur petition. In Grant of Exemption No. 5010 (copy enclosed), the FAA found that passengers carried in restricted category aircraft may, at times, serve the public interest if knowledge gained as a result of that flight results in greater health and safety to the public. In addition, the FAA recognized that a level of safety equivalent to the rule from2

which an exemption is sought can be provided to passengers during flight operations in spray

equipped, restricted category aircraft, if that aircraft is not e ngaged in actual aerial application at the time and if such flights are conducted with the spray tanks empty.

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

—

• they don’t differ materially from those presented by the petitioner in the enclosed grant of exemption;

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

• a grant of exemption is in the public interest.

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 Clarke Mosquito Control an exemption from 14 CFR § 91.313 (d) to the extent necessary to allow CMC to operate its Bell 206 B3 (N324CM), subject to the following cond itions and limitations.

Conditions and Limitations

1. Aircraft operated under the authority of this exemption must be dual

- certificated in the restricted and standard airworthiness categories.

2. Aircraft operating under the authority of this exemption must be operated with the spray tanks empty.

3. The following passengers may be carried on board aircraft operating under the authority of this exemption: personnel of CMC, consultants to CMC, potential mosquito control customers, and county and municipal officials.

4. Passengers carried on aircraft operating under the authority of this exemption must be notified before the flight that the operation is being conducted under this exemption from the provisions of the Federal Aviation Regulations that prohibit the carriage of passengers in aircraft certificated in the restricted category.

5. When notified in writing, CMC must comply with any appended conditions and limitations set forth by the manager of the Flight Standards Division of the FAA Great Lakes regional office.

6. T his exemption is not valid for operations outside of the United States.3

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure