A FS

- 15

- 294

- E Exemption No. 11382

Regulatory Docket No. FAA

- 20 14

- 0791

Mr. Yaron Kafri Operations Manager Flying Helicopters Made Eas y Route 109 Farmingdale, NY, 11735

Dear: Mr. Kafri

This letter is to inform you that we have denied your petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated September 1, 2014 , you petitio ned the Federal Aviation Administration (FAA)

on behalf of Flying Helicopters Made Easy for an exemption from § 91.147 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Flying Helicopters Made Easy to conduct sightseeing fl ights beyond the 25

- statute

- mile radius of Republic airport (KFRG) without meeting the requirements of 14 CFR part 135.

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

in the Federal Register because this is not a precedent

- setting petition , and any delay in acting on this petition would be detrimental to Flying Helicopters Made Easy

.

The FAA recently issued a denial of exemption in circumstances similar in all material respects to those presented in your petitio n. In Denial of Exemption No. 11173 (copy enclosed), the FAA found that Centennial Helicopters failed to show how its proposed exemption would provide a level of safety equivalent to that provided by the rule from which an exemption is sought. Operations conducted beyond 25 statute miles from the departure airport must comply with the standards for management personnel, aircrew training, flight checks, maintenance programs, manuals, and operations specifications that are appropriate to operations conducted for compensation or hire in accordance with part 135. Flying Helicopters Made Easy has not shown how it would meet these standards. The FAA finds that any increase in the extent to which Flying Helicopters Made Easy is permitted to conduct sightseeing ope rations without complying with part 135 would not be as safe as if those operations were conducted under part 135.2

The FAA also finds that the proposed exemption would not be in the public interest.

O perations that are conducted for compensation or hire mu st generally be conducted in accordance with part 135. Rather than requiring all sightseeing operations to be conducted in accordance with part 135, Federal Aviation Regulations permit certain nonstop, sightseeing operations to operate up to 25 statute mil es from the departure airport without complying with part 135.

The FAA also finds that the proposed exemption is not unique as the FAA has previously denied one or more similar petitions for exemption. Flying Helicopters Made Easy has failed

to demonstra te how an exemption is appropriate in its particular circumstances as compared to other operators.

Finally, the FAA finds that Flying Helicopters Made Easy is not unique from the general class of regulated persons that are subject to compliance with the a ffected sections. There are operators who conduct sightseeing operations in this airspace in compliance with the affected sections. Granting this petition would establish a precedent for other operators to seek similar

relief.

Having reviewed your reason s for requesting an exemption, I find that

—

 they do no t differ materially from those presented by the petition er in the enclosed Denial

of E xemption No. 11173 ;

 the reasons stated by the FAA for denying the enclosed Denial of Exemption No. 11173 also apply to the situation you present; and

 a grant of exemption would no t be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby deny your petition of Flying Helicopters Made Easy for an exemption from 14 CFR § 91.147.

Sincerely,

/s/

John S. Duncan Flight Standards Service

Enclosure