September29, 2014 Mr. Everette Rochon Acting Manager, Commercial Operations Branch (AFS-820) 800 IndependenceAvenue, S.W. Washington, DC 20591 202-385-9629 Everette.Rochon@faa.gov

Dear Sir: Exemption 10142 amended Ammendments Request ofConditions & Limitations FAA Docket No. FAA-2010-0134

Thankyou for granting our petition to amend Exemption No. 10142 to allowAl's Aerial Spraying to use a single-engine turbopropeller-powered AirTractor aircraftto make turnarounds over congested areas in a loaded configuration, subject to listed conditions and limitations. This is an amendments request ofthe conditions and limitations. There has been no change in the conditions and reasons relative to public interest and safety thatwere the basis for granting the original exemption. This exemption is valid onlyfor operations where the aircraft is dispensing benign substances such as pheromones or Bacillus thuringiensis (Bt). The requested changes are to conditions numbered 5 and 9 based upon aircraft manufacturer's data. To insure thatthis remains in the best interests ofthe public, we also request that number6 be modified to require Al's Air Service pilots flying underthis exemption to have more command and agricultural experience. The current conditions and limitations we propose to change are below. The text under consideration is underlined and bold. 5. The approved CAP (CongestedArea Plan) must identify applicable emergency landing areas in compliance with § 137.51(b)(4)(iii). The identified emergency landing areas must be located away from congested areas, no more than 1 nautical mile away from the point atwhich turnaround over a congested area will begin. In each CAP, the operator must show that at anytime during a turnaround over a congested area, the airplane could reach an emergency landing area that is not congested in the event ofan engine failure. 6. Each pilot must hold a commercial pilot certificate and be employed directly by the operator. In addition to the requirements of§ 137.53, each pilot must have at least 50 hours of pilot in command (PIC) time in the designated model AirTractor airplane to be flown; 100 hours of PIC time in single-engine turbopropeller-powered airplanes; and 500 hours of PIC time dispensing agricultural materials or chemicals. 9. Each turnaround over a congested area must begin at an indicated airspeed of 140 mph, at a minimum altitude of200 feet AGL.Al'sAerial Spraying, LLC respectfully requests that Condition and Limitation #5 be changed to read as follows: 5. The approved CAP (CongestedArea Plan) must identify applicable emergency landing areas in compliance with §137.51(b)(4)(iii). The identified emergency landing areas must be located away from congested areas, no more than 1.5 nautical mile away from the point atwhich turnaround over a congested area will begin. In each CAP, the operator must show that at any time during aturnaround over a congested area, the airplane could reach an emergency landing area that is not congested in the event ofan engine failure. The requested change is from the existing limitation of 1 nautical mile to 1.5 nautical miles. This additional half mile aligns this Exemption with the glide data provided by the aircraft manufacturerAirTractorwe have included with this request. As provided by part §137.51, the Administrator has always allowed single engine helicopters to make turnarounds over congested areas in a loaded configuration. Helicopters are used in congested areas by Emergency Medical Service (EMS). In the United States, between January2002 and January 2005, there were 41 helicopter EMS accidents, 16 ofwhich were fatal. The average accident rate increased from 3.53 accidents per 100,000 flight hours between 1992 and 2001 to 4.56 accidents per 100,000flight hours between 1997 and 2001. A single engine helicopter is not able to demonstrate positive climb performance capabilities in the event ofan engine failure. A single engine helicopterflying at 200 feet in agricultural spraying operations that experiences an engine failure is going to land on/in whateverthe helicopter is flying over atthe time thatthe engine failure occurs. There would be no time to maneuver and hardly enough time to auto-rotate. By contrast, anAl'sAerial Spraying AirTractorflying at its normal application speed of 140 knots at 100feet is going to be able to climb to in excess of3000 feet agl, make a 90 degree turn, and glide 1.55 miles. TheAirTractor is going to land in its emergency landing area. Compared to a single engine helicopter allowed by§ 137.51, operation ofan AirTractor in this environment is an enormous increase in safety. As provided by part§ 137.51, the Administrator has always allowed multi-engine airplanes to make turnarounds over congested areas in a loaded configuration. In the event ofan engine failure, a pilot turning a loaded multi-piston engine aircraft over a congested area must: Identifythe failed engine Verifythat he has correctly identified it Shut down the dead engine and featherthe propeller Dump the load Most ofthese tasks require the pilot's eyes to be inside the cockpitwhile flying at a high rate of speed very lowto the ground. The pilot must do all ofthese tasks without slowing belowthe single engine minimum control airspeed or descending into the ground. He must do all ofthis simultaneouslywhile looking outthewindowto avoid colliding with towers orwires. Then this pilot, who the FAA requires to only have 100 hours ofagricultural application experience and25 hours PIC in make 

### &model mustfly this heavily modified multi-engine aircraft back to an airport on one engine. In contrast, to achieve the demonstrated 1.5 nm glide distance anAl'sAerial Spraying, LLC Air Tractor pilot mustfeatherthe prop, climb while slowing to the best glide speed, and dump the load while heading toward the emergency landing area. In comparison to the multi-engine airplane, the threat of loss ofcontrol substantially smaller. Owing to the excellentAir Tractor cockpit design, he is able to keep his eyes outside the aircraft. For a pilotwith 2,000 hours of agricultural experience and 1,000 hours ofsingle engine turbo-prop time, these are very simple tasks. Al's Aerial Spraying, LLC respectfully requests that Condition and Limitation #9 be changed to read as follows: 9. Each turnaround over a congested area must begin at an indicated airspeed of 140 mph, at a minimum altitude of 100 feetAGL. The requested change is from 200 feetAGL to 100 feetAGL. The glide data provided bythe aircraft manufacturerAirTractor calculated the escape maneuver in the event ofan engine failure beginning from an altitude of 100 feet above ground level. Again, this aligns this exemption with the AirTractor manufacturer's data provided herein. Using 100foot agl allows the pilotto begin the turn atthe end ofa pass instead ofclimbing 100 feet and waiting for the speed to rebuild to 140 mph. The extra 100 feet altitude currently stipulated in #9 does provide additional glide distance. However, the extra 100 feet also increases the amount oftime thatthe agricultural airplane spends flying overthe congested area. We request the reduction from 200 to 100 feet agl based upon the information provided herein to increase the distance to the emergency landing area from 1nm to 1.5 nm. Again, this was demonstrated by the aircraft manufacturer, AirTractor. In orderto insure that our airplanes are flown within the confines ofthis exemption and operated at speeds and altitudes specified by the manufacturerthat insure the required performance, we propose that the FAA require thatthis Exemption be flown by pilots with much more experience than required in previous versions ofthis exemption and/or §137.51

. 6. Each pilot must hold a commercial pilot certificate and be employed directly bythe operator. In addition to the requirements of§ 137.53, each pilot must have at least 50 hours of pilot in command (PIC) time in the designated model AirTractor airplane to be flown; 1000 hours of PIC time in single-engine turbopropeller-powered airplanes; and 2000 hours of PIC time dispensing agricultural materials or chemicals.

- The requested change is from 100 hours of PIC time in single-engine turbopropeller-powered airplanes to be increased to 1000 hours and 500 hours of PIC time dispensing agricultural materials or chemicals to 2000 hours. The increase in experience level creating a higher level ofsafety is emphasized in the recent data the National Agricultural Aviation Association (NAAA) has assembled from their review of the 2006

- 201 0 accidents. The category "Hours in Type" is very close to the total hours mostagricultural pilots have in actual dispensing operations. It is clearthat at the 2,000 hour experience level, the accident rate is significantly less than the 100 hour experience level. Ratherthan foster an equivalent level ofsafety, this increases Al's Aerial Spraying, LLC's safetyfactor by more than six times. Hours in Type Accidents Accidents/1000 hours 10,000

- 38,859 21 

### 0.54

5,000-9,999 49 

### 9.8 2,500-4,999 49 

### 19.6 1,000-2,499 73 

### 29.2

750-999 19 

### 76 500-749 28 

### 112 250-499 40 

### 160 100-249 48 

### 192

50-99 15 

### 300 0-49 22 

### 440

While this matter is under consideration, Al's Aerial Spraying, LLC will continue to operate in full accordance with the conditions and limitations provided in Exemption 10142C. To summarize, Al's Aerial Spraying, LLC requests Exemption 10142C be amended by the modification ofthree Conditions and Limitations. 5. The approved CAP must identify applicable emergency landing areas in compliance with § 137.51(b)(4)(iii). The identified emergency landing areas must be located away from congested areas, no more than 1.5 nautical miles away from the point atwhich turnaround over a congested area will begin. In each CAP, the operator must showthat at any time during a turnaround over a congested area, the airplane could reach an emergency landing area that is not congested in the event ofan engine failure. 6. Each pilot must hold a commercial pilot certificate and be employed directly by the operator. In addition to the requirements of§ 137.53, each pilot must have at least 50 hours ofpilot in command (PIC) time in the designated model AirTractor airplane to be flown; 1000 hours of PIC time in single-engine turbopropeller-powered airplanes; and 2000 hours of PIC time dispensing agricultural materials or chemicals. 9. Each turnaround over a congested area must begin at an indicated airspeed of 140 mph, at a minimum altitude of 100feet AGL. Thank you foryour assistance in this matter.Michael D. Schiffer

MarkKosco ActingManager FederalAviationAdministration Flight Standards District Office PO Box 888879 3196 KraftAvenue SE, Suite 103 GrandRapids, MI 49512 Mr, Kosco AL'S AERIAL SPRAYING, LLC

Spraying

- Fertilizing

- Seeding 3473 N. Shepardsville Rd. Ovid, Ml 48866 (989) 834-5067 Fax (989) 834-5098

August29, 2014

This letteris inresponseto yourrequest concerning ourExemptionto FARPart 137.51(b)(4)(i) allowing turnarounds overa congestedareain a single-engineaircraft. Thanksfor takingthe timeto meetwithme on August 6, 2014. Per our discussion, I was able to do two flight tests on August 27th concerning the glidedistance ofourAT-502B. Theresultswere almostexactlyperourdiscussion. Iffurtherinformation ordiscussionisneeded, pleasecontactus. Thanks againfor yourhelp. Sincerely, c L Michael D. Schiffer

Michael D. Schiffer AL'S AERIAL SPRAYING, LLC

Spraying

- Fertilizing

- Seeding

34'73 N. Shepardsville Rd. Ovid, Ml 48866 (989) 834-5067 Fax (989) 834-5098

### MarkKosco Acting Manager FederalAviationAdministration Flight Standards District Office PO Box 888879 3196 KraftAvenue SE, Suite 103 Grand Rapids, MI 49512 Re: AirTractorFlightTestResults On August 27 I was did two flight tests in our AT502B, N445MS. The two tests were in opposite directions to average any wind effects. At 3,000 feet at 140 mph Ipulled the powerto idle, marked my locationwithourSATLOCDGPS,beganapullto 90 mph, and featheredtheprop. WhentheAirTractor passed 2,900 feet, a loss of 100 feet, the location was again marked with the SATLOC. Our SATLOC DGPS is setto record each second. The distance was measured from the SATOCrecord. Distance Traveled:

Michael D. Schiffer 1.416miles 1.575 miles 1.496miles average