AFS-11-229-E 

March 25, 2011 

 Exemption No. 5367K 

 Regulatory Docket No. FAA-2000-8179 

Mr. Mark Provost 

Director of Engineering 

M7 Aerospace LP 

10823 N.E. Entrance Road 

San Antonio, TX 78216 

Dear Mr. Provost: 

This letter is to inform you that we have granted your petition to extend Exemption No. 5367, 

as amended. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations. 

The Basis for Our Decision 

By letter dated March 22, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of M7 Aerospace LP (M7) for an extension of Exemption No. 5367, as amended. That 

exemption from § 91.531(a)(3) of Title 14, Code of Federal Regulations allows M7 to 

conduct production and experimental test flights in SA227-CC and SA227-DC Metro 23 

airplanes without a pilot designated as second in command (SIC). In addition, it permits all 

operators of M7 commuter category airplanes (SA227-CC, SA227-DC, and other airplanes on 

the same type certificate) to conduct flight operations without a designated SIC, provided the 

airplane is type certificated for single-pilot operations and is carrying nine or fewer 

passengers. 

In your petition, you indicate that there has been no 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 because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to M7. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 5367, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. Operations conducted under part 121 or part 135 of the Federal Aviation Regulations 

are not permitted under the terms of this exemption. 

2. Each pilot operating under this exemption must use a boom microphone for air to 

ground and cockpit communications. 

3. This exemption applies only to M7 commuter category airplanes (SA227-CC, SA227-

DC, and other airplanes on that same type certificate). In addition, this exemption 

applies to those M7 commuter category airplanes that are type certificated for 

operations with one pilot and the airplane is carrying nine or fewer passengers. 

4. This exemption applies only to those operations performed by M7 and by M7 

employees involving: 

a. Production and experimental test flights; 

b. Flights for the purpose of delivery or recovery; 

c. Ferry flights for the purpose of obtaining maintenance; and 

d. Transportation of M7 personnel. Such transportation is limited to a maximum 

of nine passengers or fewer. For the purpose of limiting the seating 

configuration to nine passenger seats, the seats not to be occupied must be 

placarded “Not to be Occupied” prior to the flight. 

5. Production and experimental test flights in SA227 series aircraft will be conducted 

with strict adherence to the following subject matter policies set out in the M7 

Corporation Flight Operations Procedures Manual dated July 15, 1980 (Revised 

September 11, 1986): 

 Pilot prerequisites 

 Pilot data files 

 Physical examinations 

 Pilot in command recent flight experience 

 Weather minimums 

 Production test area and documentation 
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6. This exemption applies to operators of M7 commuter category airplanes (SA227-CC, 

SA227-DC, and other airplanes on that same certificate) and applies only to operations 

involving: 

a. Flights for the purpose of delivery or recovery of those airplanes; 

b. Ferry flights for the purpose of obtaining maintenance; and 

c. Transportation of passengers, limited to a maximum of nine passengers or 

fewer. For the purpose of limiting the seating configuration to nine passenger 

seats, the seats not to be occupied must be placarded “Not to be Occupied” 

prior to the flight. 

7. No person may provide training nor may any person receive training while passengers 

are on board the aircraft during operations conducted under the privileges of this 

exemption. 

8. For single-pilot operations, each pilot in command must hold a type rating in the 

SA227 with no limitations; e.g. SIC required. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 5367, as amended, to 

March 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service