AFS - 14 - 131 - E Exemption No. 11030 UNI TED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATI ON FEDERAL AVIATION ADMINISTRATION WASHI NGTON, DC 20591

Inthe matter of the petition of **SIKORSKY AIRCRAFT Regulatory Docket No.**  **FAA -**  **2014 -**  **0040 CORPORATION**  **, A UNITED TECHNOLOGIES COMPANY**  for an exemption from § 91 . 9 (a) of Title 14, Code of Federal Regulations **GRA NT OF EXEMPTION**  By letter dated January

14, 2014 and a supplemental information letter dated June 26, 2014, Joseph P. Brennan, Chief Program Pilot, Standardization and Safety, petitioned the Federal Aviation Administration (FAA) on behalf of Sikorsky Airc raft Corporation (SAC) , A United Technologies Company

(UTC) for an exemption from § 61.3(a)(1) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow SAC to operate the Sikorsky

S - 70i and S - 92 aircraft in the Uni ted States utilizing one individual that holds an FAA - issued commercial pilot certificate (with the S - 70i/S - 92 ty pe rating) and an FAA - issued flight instructor certificate. The other pilot station would be occupied by an individual who does not hold the re quisite FAA - issued pilot certification necessary to serve as second - in - command (SI C) . **The petitioner requests relief from the following regulation:** Section 61.3(a)(1) prescribes that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States unless that person has in the person’s physical possession, or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization, a pilot certificate issued under this part and in accordance with § 61.19.2

**The petitioner requires relief from the following regulation** Section 91.9(a) prescribes, in pertinent part, that no person may operate a civil aircraft without complying with the operating limitations specified in the approved Airpl ane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority

of the country

of registry . **The petitioner supports its request with the following information:** The petitioner states the S - 70i and S - 92 ope rator’s manual requires two pilot crewmembers. The petitioner notes that while airmen holding an appropriate FAA certificate can properly

occupy the second in command seat to perform flights of the S - 70i in U.S. airspace per 14 CFR § 61.55(g), otherwise qu alified individuals lacking FAA certificates may not. This precludes many customer pilots from manipulating the controls during demonstration flights, customer pilot training, or customer acceptance flights in the aircraft. The petitioner contends that thi s most harshly affects its Direct Commercial Sales contracts, where the foreign military pilots ty pically do not hold civil airman certificates from their own country . The petitioner states that all customer pilots occupying the second - in - command seat wou ld have to meet one of the following:

 Hold a valid U.S. commercial pilot certificate or airline transport pilot certificate with a rotorcraft/helicopter rating; or,

 Hold a pilot certificate with rotorcraft/helicopter privileges issued by an I CAO member s tate; or,

 Hold military

orders or other acceptable documentation identify ing the person as being rated as a helicopter pilot and a current member of a branch of the U.S. or foreign military service. The petitioner states that under the exemption, if granted, all SAC crewmembers acting as pilot - in - command will have in their possession a valid U.S. commercial pilot certificate or airline transport pilot certificate (with an S - 70i and S - 92 ty pe rating current under § 61.58) and an FAA flight instructor cer tificate. The petitioner will also designate these crewmembers as instructor pilots in the S - 70i/S - 92. The petitioner contends that the above requirements meet the intent of section § 61.3(a)(1) and provide for an equivalent level of safety in the intended flight regimes. Insupport of the current request the petitioner states that the FAA has granted UTC an exemption from 14 CFR § 61.3(a)(1) for the S - 92, through Exemption No. 10076, as amended.3

The FAA has determined that good cause exists for waiving the requirement for Federal Register publication because the exemption, if granted, would not set a precedent, and any delay in acting on this petition would be detrimental to SAC . **The FAA’ s analysis is as follows:**  The FAA has reviewed the petition and not es that we have granted similar relief to UTC for operations in its S - 92 aircraft under Exemption No. 10076, as amended, which expired on June 30, 2014. This petition is similar in all material respects, except the petitioner desires an amendment to the e xpired exemption that would include the S - 70i aircraft for the purposes of crew training and customer acceptance. As such, we will treat this request as a new petition. Further, we note that since SAC is a subsidiary of UTC, our response to this petition will grant the same relief to UTC . As indicated in Exemption No. 10076, as amended, the FAA identified § 91.9 a s the appropriate section for the relief sought by the petitioner. This section enable s a non - U.S. certificated pilot who does not intend to o btain a U.S. pilot certificate to manipulate the controls of the S - 92 and S - 70i within the U.S. , while accompanied by an appropriately certificated and rated pilot. Section 61.3 and special purpose pilot authorization under § 61.77 would not apply

to pilo ts that do not intend to obtain a U.S. pilot certificate. The petitioner seeks relief to provide customer training, and to allow customer pilots to manipulate the controls during this training in the Sikorsky S - 70i and S - 92 aircraft. The FAA finds that relief can be granted if the person serving as the pilot in command holds an FAA - issued certified flight instructor (CFI) certificate and is designated by UTC as an instructor pilot in the S - 70i or S - 92 aircraft. The FAA has determined that SAC ’s request t o allow non - U.S. certificated pilots to manipulate the controls of the S - 92 and S - 70i within the U.S. when accompanied by a person serving as pilot in command who holds an FAA - issued certified flight instructor (CFI) certificated would ensure a level of sa fety equivalent to rule from which exemption is sought. The PI C must be designated by SAC as an instructor pilot in the S - 70i and S - 92 aircraft. Further, in accordance with § 11.83, this exemption is limited to operations conducted within the U.S. I f SA C wishes to conduct operations outside the U.S., it must petition the FAA for such relief, including the reason for the request. The FAA finds that relief from § 91.9(a) to enable SAC to operate the S - 70i and S - 92 aircraft in single - pilot operations cons istent with our original determination granted in Exemption No. 10076 would not adversely affect safety . **The FAA’s Decision** Under the authority

contained in 49 U.S.C. §§ 106(f), 40113 and 44701 delegated to me by the Administrator I hereby grant Sikor sky

Aircraft Corporation (SAC) , A United Technologies4

Company (UTC) , exemption from 14 CFR § 91.9(a) to permit restricted single - pilot operation in the S - 70i and S - 92 aircraft to the extent necessary to also allow U.S. military pilots, foreign military pil ots and certain foreign civilian helicopter pilots to manipulate the controls of the S 70i and S - 92 aircraft while in flight within the United States, subject to the conditions and limitations described below . **Conditions and Limitations** 1. All flight operati ons using the privileges of this exemption are limited to: a. flights for sales demonstration purposes, b. for the S - 70i, flights for the purpose of crew training; c. for the S - 70i, flights for customer acceptance purposes; d. operations conducted in visual meteoro logical conditions (VMC) entirely between official sunrise and sunset; and, e. operations that do not involve; i. delivery

of an aircraft; ii. maintenance or manufacturing flight testing; iii. flights under a special airworthiness certificate in the experimental categ ory other than for the purpose of sales demonstration; and , iv. for the S - 92, flights for the purpose of crew training. 2. SAC must be in full operational control of any aircraft operated using the privileges of this exemption. 3. The pilot - in - command (PI C) of any f lights operated using the privileges of this exemption must: a. For operations in the S - 70i: i. hold a valid U.S. commercial pilot certificate or airline transport pilot (ATP) certificate, with rotorcraft category, helicopter class, and S - 70 ty pe rating; ii. hold a certified flight instructor (CFI) certificate with a rotorcraft category and helicopter class rating; and, iii. be designated by SAC as an instructor pilot in the S - 70i. b. For operations in the S - 92, hold a valid U.S. commercial pilot certificate or airline tran sport pilot (ATP) certificate with rotorcraft category, helicopter class, S - 92 ty

pe rating; i. h old a valid U.S. first - or second - class medical certificate; ii. h ave logged at least 50 flight hours as PI C of an S - 92 or S - 70i aircraft, as applicable; iii. b e directly

e mployed by SAC ; and, iv. must remain the PI C for the duration of the flight. 4. The person acting as second - in - command (SI C) of any flights operated using the privileges of this exemption must: a. Be able to speak and understand the English language;5 b. Be an authoriz ed 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 - 70i aircraft, as applicable, from SAC ; and, c. Meet one of the following: i. Hold a valid U.S. commerci al pilot certificate or airline transport pilot certificate with rotorcraft category and helicopter class ratings; or, a pilot certificate with rotorcraft category and helicopter class privileges issued by an I CAO - member state; or, ii. Hold military

orders or other documentation identifying the person as being rated as a helicopter pilot and a current member of a branch of the U.S. or foreign military

service. 5. All flight operations using the privileges of this exemption must be operated with a person aboard (other than the persons identified in condition/limitation Nos. 3 and 4) who: a. is employed by SAC ; b. is not acting as PI C of the aircraft; c. holds the appropriate U.S. airman and medical certificates to act as SI C of an S - 92 or S - 70i, as applicable; and, d. SAC has f

ound to be qualified to act as SI C of the S - 92 or S - 70i, as applicable. 6. For all flight operations using the privileges of this exemption, the PI C must conduct a preflight briefing with each pilot identified in condition/limitation No. 4, to include: a. of the conditions and limitations of this exemption; b. of the intended flight including all maneuvers to be performed; and, c. of all normal and emergency procedures for the S - 92 or S - 70i, as applicable. 7. No individual other than the three persons identified in conditions and limitations 3, 4, and 5 above may

be on board the airc raft when conducting any flight using the privileges of this exemption. 8. This exemption is not valid for operations outside the United States. This exemption terminates on July 31 , 2016, unle ss sooner superseded or rescinded. Is sued in Washington, D . C . , on July 29 , 2014. . //s// John Barbagallo Acting Deputy

Director, Flight Standards Service