AFS

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- E October 29, 2014

Exemption No. 9770D Regulatory Docket No. FAA

- 200 7

- 0383

Mr. Jeff re y A. Miller Vice President, Operations Ameriflight, LLC 4700 Empire Avenue, Hangar One Burbank, CA 91505

Dear Mr. Miller :

This letter is to inform you that we have g ranted your petition to extend Exemption

No. 9770

. It expl ains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for Our Decision

By letter dated September 9, 2014 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Ameriflight, LLC (Ameriflight ) for an extension of Exemption No. 9770 , as amended. That exemption from § 61.51(f)(2) of Title 14, Code of Fed eral Regulations allows Ameriflight to assign a second in command (SIC) during a flight that otherwise does not require an SIC and to also allow the SIC to log that flight time.

In your petition, you indicate that there has been no change in the conditio ns and reason s 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 because the requested extensi on of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Ameriflight

.2

Our Decision

The FAA reviewed Ameriflight’s letter dated February 7, 2013

, which requested that the FAA

remove Conditions and Limi tations Nos. 1 and 3 from Exemption No. 9770B. The FAA responded to the request, as well as the information provided by commenters, in Exemption

No. 9770C. In the response, t he FAA determined the circumstances presented by the petitioner d id not justify a grant of exemption and the petitioner did not elaborate on how the

removal of Condition and Limitation Nos. 1 and 3 would be in the public interest.

The FAA has determined that the justification for the issuance of Exemption No. 9770

, as amended, rema ins 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 Ameriflight, LLC this exemption

, with no change to the condition and limitations, to assign a second in command (SIC) during a flight that otherwise does not require an SIC and to also allow the SIC to log that flight time

, subject to

the conditions and limitations described below.

Conditions and Li mitations

1. Any flight time logged as second in command (SIC) flight time under this exemption may not be used to otherwise gain an additional rating or certificate as prescribed in part 61, to include an airline transport pilot (ATP) certificate.

2. SIC pilo ts assigned to a flight under this exemption may only log SIC flight time, even if such pilot is operating the aircraft as the sole manipulator of the flight controls (i.e. the assigned SIC may not log pilot in command ( PIC ) flight time while exercisin g the privileges outlined in this exemption).

3. SIC flight time gained under this exemption may only be used for the purposes of upgrading from an SIC to PIC in part 135 operations.

4. Any SIC flight time gained under this exemption must be documented in the pilot’s logbook as SIC flight time gained under this exemption.

5. The SIC must hold a commercial pilot certificate with appropriate category, class, and instrument rating, i f applicable, as set forth in § 135.245(a) or (b).

6. The SIC must meet the minimu m regulatory flight hour requirement for the type of operation to be conducted.

7. The PIC and SIC assigned to the flight must meet the 75

- hour crew pairing requirements as set forth in § 135.4 for any flights conducted under the eligible

on

- demand re gulations.3

8. The SIC must have completed the certificate holder’s approved SIC training program, to include, 3 hours of crew resource management ( CRM ) training. One hour of the required CRM training can be accomplished in conjunction with other approved fli ght training curricula.

9. The SIC ground and flight duties must be outlined in the certificate holder’s general operations manual and applicable aircraft standard operating procedures manuals.

10. The SIC has completed any other part 135 pilot training require d for two

- pilot crews necessary to conduct operations consistent with the certificate holder’s operations specifications.

11. The air carrier will maintain, at the principal base of operations (or location agreed to by the principal operations inspector ), a c urrent list of SICs conducting flights under the provisions of this exemption.

12. Once the SIC has transitioned to an aircraft requiring two pilots by type certificate, upgraded to PIC, or is no longer employed with the air carrier, he or she may be

remove d from the air carrier’s SIC exemption list.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9770, as amended, to
October 31, 201 6

, unless sooner superseded or rescinded

.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, Flight Standards Service