AFS-12-128-E 

February 17, 2012 

 Exemption No. 10456 

 Regulatory Docket No. FAA-2011-1377 

Mr. Burl Brim 

President 

Brim Equipment Leasing, Inc. dba Brim Aviation 

455 Dead Indian Memorial Road 

Ashland, OR 97520 

Dear Mr. Brim: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated December 9, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Brim Equipment Leasing, Inc. dba Brim Aviation (Brim Aviation) for an 

exemption from § 133.45(e)(1) of Title 14, Code of Federal Regulations (14 CFR). If 

granted, this exemption would allow Brim Aviation to conduct Class D rotorcraft-load 

combination operations with Agusta A109E and Agusta A109S helicopters certificated in the 

normal category under part 27. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Brim Aviation. 

The FAA issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grants of Exemption Nos. 8116 and 8116D (copies 

enclosed), the FAA determined that if specific conditions were implemented, the level of 

safety would be equivalent to that provided under the regulation. The exemption allowed the 

petitioner to provide transport of harbor pilots in an efficient manner, thus providing a benefit 

to the public. 
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Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed 

Grants of Exemption Nos. 8116 and 8116D; 

 the reasons stated by the FAA for granting the enclosed Grants of Exemption Nos. 8116 

and 8116D also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, Brim Equipment Leasing, Inc. dba Brim Aviation is granted an 

exemption from 14 CFR § 133.45(e)(1) to the extent necessary to permit Brim Aviation to 

conduct Class D rotorcraft-load combination operations with an Agusta A109E and A109S 

helicopter certificated in the normal category under part 27, subject to the following 

conditions and limitations: 

Conditions and Limitations 

1. In accordance with § 133.37, Brim Aviation must conduct training in accordance with 

an approved Class D rotorcraft-load combination training program prior to conducting 

Class D operations. The training program must include initial and recurrent training 

for pilots and other operations personnel, as appropriate. 

2. The certificate-holding district office (CHDO) for Brim Aviation must approve the 

Class D training program. 

3. Brim Aviation must maintain a current CHDO-approved rotorcraft-load combination 

flight manual, which meets the requirements of § 133.47. 

4. Brim Aviation may utilize the provisions of this exemption only when operating 

Augusta A109E or A109S helicopters in the transport of maritime pilots to and from 

ships in United States ports. 

5. This exemption does not relieve Brim Aviation from complying with the portion of 

§ 133.45(e)(1) which states, “...and provide hover capability with one engine 

inoperative at that operating weight and altitude.” 

6. Prior to each flight, the pilot in command must confirm that the weight and balance 

and performance of the rotorcraft are within the A109E or A109S Rotorcraft Flight 

Manual (RFM) and RFM supplement limitations, as necessary to comply with 

Condition No. 5 of this exemption. 
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7. This exemption is not valid for operations outside the United States. 

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Acting Director, Flight Standards 

 Service 

Enclosures