AFS-14-131-E

Exemption No. 11030

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the 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 

 

GRANT 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 Aircraft 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 United States utilizing one individual that 

holds an FAA-issued commercial pilot certificate (with the S-70i/S-92 type rating) and an 

FAA-issued flight instructor certificate. The other pilot station would be occupied by an 

individual who does not hold the requisite FAA-issued pilot certification necessary to serve as 

second-in-command (SIC).

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.
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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 Airplane 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 operator’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 qualified 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 this most harshly affects its Direct Commercial Sales contracts, 

where the foreign military pilots typically do not hold civil airman certificates from their own 

country.

The petitioner states that all customer pilots occupying the second-in-command seat would 

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 ICAOmember state; or,

 Hold military orders or other acceptable 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. 

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 type rating current under § 61.58) 

and an FAA flight instructor certificate. 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.

In support 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.
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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 notes 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 expired 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 as the 

appropriate section for the relief sought by the petitioner. This section enables a non-U.S. 

certificated pilot who does not intend to obtain 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 pilots 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 to 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 safety equivalent to rule from which exemption is sought. 

The PIC 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. If SAC 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 consistent 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 Sikorsky Aircraft Corporation (SAC), A United Technologies 
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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 pilots and certain foreign civilian helicopter pilots to manipulate the controls of the S70i 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 operations 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 meteorological 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 

category 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 (PIC) of any flights 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 

type 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 transport pilot (ATP) certificate with rotorcraft category, helicopter 

class, S-92 type rating;

i. hold a valid U.S. first- or second-class medical certificate;

ii. have logged at least 50 flight hours as PIC of an S-92 or S-70i aircraft, 

as applicable;

iii. be directly employed by SAC; and,

iv. must remain the PIC for the duration of the flight.

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

privileges of this exemption must:

a. Be able to speak and understand the English language; 
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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-70i 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 ratings; or, a 

pilot certificate with rotorcraft category and helicopter class privileges 

issued by an ICAO-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 PIC of the aircraft;

c. holds the appropriate U.S. airman and medical certificates to act as SIC of an 

S-92 or S-70i, as applicable; and,

d. SAC has found to be qualified to act as SIC of the S-92 or S-70i, as applicable.

6. For all flight operations using the privileges of this exemption, the PIC 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 aircraft 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, unless sooner superseded or rescinded.

Issued in Washington, D.C., on July 29, 2014. .

//s//

John Barbagallo

Acting Deputy Director,

Flight Standards Service