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 Adm inistration (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 ope rations 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 M7.2

Our Decision

The FAA has determ ined 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 perm itted 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 documentation3

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 a ny 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 term ination 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