AFS-10-353-E 

October 29, 2010 

 Exemption No. 9770A 

 Regulatory Docket No. FAA-2007-0383 

Mr. John W. Hazlet, Jr. 

Vice President/Director of Operations 

Ameriflight, LLC 

4700 Empire Avenue, Hangar 1 

Burbank, CA 91505 

Dear Mr. Hazlet: 

This letter is to inform you that we have granted your petition to extend Exemption No. 9770. 

It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated August 2, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Ameriflight, LLC (Ameriflight) for an extension of and amendment to Exemption 

No. 9770, as amended. That exemption from § 61.51(f)(2) of Title 14, Code of Federal 

Regulations allows Ameriflight to assign a second in command (SIC) during a flight that 

otherwise does not require an SIC and to also allow the SIC to log that flight time. The 

amendment you requested would withdraw paragraphs 1 and 3 of the Conditions and 

Limitations. 

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 Ameriflight. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9770 

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 for extension. 

You also petitioned to amend your exemption by removing two conditions and limitations. 

However, as discussed in the original grant of exemption those conditions and limitations 

were a key consideration and therefore an integral part of the overall grant. The 

consideration of such changes cannot be addressed in the context of an individual exemption 

or before Exemption 9770 expires on October 31, 2010. Therefore, your conditions and 

limitations remain as follows: 

Conditions and Limitations 

1. Any flight time logged as SIC flight time under this exemption may not be used to 

otherwise gain an additional rating or certificate as prescribed in part 61, to include an 

airline transport pilot (ATP) certificate. 

2. SIC pilots assigned to a flight under this exemption may only log SIC flight time, even 

if such pilot is operating the aircraft as the sole manipulator of the flight controls (i.e., 

the assigned SIC may not log PIC flight time while exercising the privileges outlined 

in this exemption). 

3. SIC flight time gained under this exemption may only be used for the purposes of 

upgrading from an SIC to PIC in part 135 operations. 

4. Any SIC flight time gained under this exemption must be documented in the pilot’s 

logbook as SIC flight time gained under this exemption. 

5. The SIC must hold a commercial pilot certificate with appropriate category, class, and 

instrument rating, if applicable, as set forth in § 135.245(a) or (b). 

6. The SIC must meet the minimum regulatory flight hour requirement for the type of 

operation to be conducted. 

7. The PIC and SIC assigned to the flight must meet the 75-hour crew pairing 

requirements as set forth in § 135.4 for any flights conducted under the eligible ondemand regulations. 

8. The SIC must have completed the certificate holder’s approved SIC training program, 

to include, 3 hours of CRM training. One hour of the required CRM training can be 

accomplished in conjunction with other approved flight training curricula. 
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9. The SIC ground and flight duties must be outlined in the certificate holder’s general 

operations manual and applicable aircraft standard operating procedures manuals. 

10. The SIC has completed any other part 135 pilot training required for two-pilot crews 

necessary to conduct operations consistent with the certificate holder’s operations 

specifications. 

11. The air carrier will maintain, at the principal base of operations (or location agreed to 

by the POI), a current list of SICs conducting flights under the provisions of this 

exemption. 

12. Once the SIC has transitioned to an aircraft requiring two pilots by type certificate, 

upgraded to PIC, or is no longer employed with the air carrier, he or she may be 

removed from the air carrier’s SIC exemption list. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 9770, as amended, to 

October 31, 2012 unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards Service