December 22, 2015

U.S. Department of Transportation

Docket Operations, M-30

West Building ground floor,

Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request to Extend Exemption No. 5651, docket number FAA-2002-11498

Dear Sir or Madam,

The Exemption No. 5651 concerning operation of Air Tractor AT-802/802A airplanes 

expires on 4/30/16. This letter is our request for extension of the Exemption, as well as 

some proposed changes and improvements to the Exemption.

Background:

The 16,000 lb gross weight Air Tractor AT-802/802A was type-certificated in 1992. A 

waiver of FAR 61.31(a)(1) has been issued on a recurring basis every two years to 

allow operation of the “large” airplane. The wording of the waiver has gone through 

several iterations over the 20+ years it has been reissued, and it has gotten 

progressively more difficult to understand relative to the normal types of operations of 

the AT-802/802A type.

On April 25, 2014, the waiver was significantly changed from the previous version. The 

FAA intended to clarify the original intent of the waiver, refine the requirements, and add 

restrictions to Air Tractor's training program. However, it seems that instead of clarifying 

the requirements, the requirements have gotten more difficult to comprehend and more 

difficult for the industry to implement.

Further, a conversation with an FAA Branch Manager in November of this year 

regarding our FAA approved Pilot Training Program (approved by letter, dated 

Air Tractor Inc. P.O. Box 485 Olney, Texas 76374

 940-564-5616 940-564-5612 (Fax) www.airtractor.com
November 12, 2015) indicated that there may be some wide-spread industry 

misunderstanding of §91.313 Restricted category civil aircraft: Operating limitations as it 

relates to training. Evidently the FAA position is that “training” for the purposes of 

instructing a pilot on the “Special Purposes” operation of the airplane (ie, teaching a 

pilot how to use the airplane to fight forest fires) is covered under 91.313(b), but 

“training” a pilot how to operate an AT-802/802A isn’t covered under 91.313(b). 

Air Tractor’s Criticism of the Current Waiver:

For brevity, I’ll use the abbreviation “C&L” to denote the specific Condition and 

Limitation in the current Exemption 5651M (dated April 25, 2014). For example, “C&L1” 

will refer to Condition and Limitation number 1.

1. In C&L1, all approved operations aren’t covered. The new special uses of "Aerial 

Surveying" and "Patrolling" aren't specifically listed. Perhaps “Pilot Training”

should also specifically be listed as an approved operation.

2. In C&L2, the wording “Air Tractor must develop..”, and “Air Tractor may 

exercise..” suggests that the approved Air Tractor pilot training program is the 

only training program which can be used to train pilots who intend to operate 

under the Exemption. 

Many large Air Tractor operators have in-house pilot training programs which are 

very high quality and thorough, and have been used successfully for years with 

very positive results and a high record of safety. Air Tractor believes there 

should be an avenue to approve these well-run “3rd Party” pilot training programs. 

We believe that Air Tractor's approved training program should identify the 

minimum requirements and set the minimum standard for pilot training, and that 

other pilot training programs that meet the minimum standard of the “Air Tractor 

Training Program” should be considered.

3. C&L1 states that “this exemption applies to pilots operating......”. C&L2 states 

that “Air Tractor may exercise the privileges of this exemption....”. We find these 

two statements to be inconsistent. #1 suggests that the pilot is the operator, and 

#2 suggests that Air Tractor, Inc. is the operator.

4. In C&L5, the burden of maintaining pilot training records for ALL pilots operating 

under the privileges of the Exemption is placed on Air Tractor, Inc. With over SIX 

HUNDRED AT-802/802A’s in operation worldwide, Air Tractor will never be able 

to effectively manage the burden of receiving and managing pilot records for 

every pilot that trains in an AT-802/802A.

5. In C&L6, many of the current Air Tractor models didn’t exist at the time of writing 

of the original waiver (in 1991), and haven’t been added during any of the 

subsequent revisions. There is no mention of, thus no credit is given for, pilots

with AT-502B, AT-504, AT-602, etc. experience.
Air Tractor’s Proposed Changes:

1. Add the approved operational uses of “Aerial Surveying” and “Patrolling”, which 

are shown in the “Certification Basis” section on the airplane Type Certificate 

Data Sheet (A19SW). Also, consider adding “Pilot Training” as an addition 

approved operational use. (ref C&L1)

2. Air Tractor, Inc. suggests that we clearly define the roles and responsibilities of 

the pilots (in most cases, the “operator”), and the manufacturer. Air Tractor, Inc. 

also recommends that an avenue for “factory approval” of 3rd Party Training 

Providers be explored and allowed. (ref C&L1/2)

3. Air Tractor, Inc. suggests that the burden of maintaining pilot records shift away 

from the manufacturer to each pilot who operates under the privileges of the 

Exemption, and each Instructor Pilot and/or Training provider who trains pilots. 

(ref C&L5)

4. Remove all reference to AT-1002/1002A, which is an experimental model under 

development. A request to add this model to the Exemption may be submitted at 

a later date.

5. Add: Air Tractor models AT-502A, AT-502B, AT-504, AT-602 (ref C&L6.c.ii) 

6. Waive 91.313, which seems to prohibit the use of an AT-802/802A for the 

purposes of pilot training.

Proposed new wording for Exemption:

Based on the above listed Criticisms, and Proposed Changes, Air Tractor proposes to 

completely remove the current Conditions and Limitations wording of the April 25, 2014 

waiver, and replace the text with the following:

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Conditions and Limitations 

1. This exemption applies to pilots operating AT-802 and AT-802A aircraft that hold a 

restricted category airworthiness certificate for operations involving agricultural 

spraying, dusting, and seeding, and for the special purpose use of forest and wildlife 

conservation (firefighting), the special purpose of narcotic crop eradication flight 

operations, and for the special purposes of aerial surveying and patrolling. 

2. Air Tractor must develop and maintain an AT-802/802A Master Pilot Training Program 

that includes aeronautical knowledge training on the AT-802 and AT-802A aircraft 

systems, performance, and handling characteristics. This training program must be 

approved by the FAA’s General Aviation and Commercial Division, AFS-800, 800 
Independence Avenue, SW., Washington, DC 20591. This training program must 

include characteristics that are unique to AT-802 and AT-802A aircraft that are operated 

above 12,500 pounds. The training manuals and approval documentation must be made 

immediately available to any representative of the FAA Administrator, upon request. 

Pilots of Air Tractor airplanes may exercise the privileges of this exemption only if they 

have documentation showing evidence of training in accordance with the requirements of 

this Exemption.

A third party training provider who wishes to provide training under the provisions of this 

Exemption must receive approval from Air Tractor. The training program must meet the 

minimum requirements established by the approved AT-802/802A Master Pilot Training 

Program, and must be approved by Air Tractor, Inc.

3. Except as provided in Condition/Limitation No. 4, before a pilot can serve as pilot in 

command (PIC) in the AT-802 or AT-802A, that pilot must have successfully completed 

either the Air Tractor Master Pilot Training Program, or a Factory Authorized Training 

Center Program, and received a logbook endorsement and/or a Certificate of completion 

of such training.

4. Condition/Limitation No. 3 may be waived for:

a. Pilots who have logged at least 100 hours of flight time, with at least 10 hours in 

the preceding 12 months, in an AT-802 or AT-802A. A record of this flight time 

must be made available by the pilot upon request by a representative of the FAA 

Administrator. 

5. When providing training, Air Tractor, any Factory Authorized Training Center, and any 

Factory Authorized Instructor Pilot must:

b. Ensure each pilot logs the training in his or her logbook, or 

c. record such training in the pilot’s training record; and

d. make this record of training available for review to any representative of the FAA 

Administrator, upon request. 

6. A person qualified to give training under this exemption must meet the following 

minimum qualifications:

e. Be authorized by Air Tractor to give this instruction; 

f. Hold at least a commercial pilot certificate; and 

g. Meet the following experience requirements:

i. 500 hours of flight time in turbine-powered agricultural type airplanes; or 

ii. 1,000 hours of flight time in agricultural type airplanes which includes at 

least 100 hours of flight time in an AT-502/502A/502B, AT-504, AT-602, 

or AT-802/802A. 

7. Air Tractor must make a copy of this exemption available to each pilot who serves as PIC 

in the AT-802 or AT-802A.

8. A copy of this exemption must either be incorporated into the FAA-Approved flight 

manual or carried on the airplane while operating under this exemption.
-----------------------------------------------------------------------------------------------------------------

Roles and responsibilities:

Air Tractor wishes to clarify each party’s roles and responsibilities, as follows:

FAA -

 Reviews and Approves Air Tractor, Inc. AT-802/802A Master Pilot Training 

Program

 Re-issues Waiver Exemption No. 5651 biennially. 

Air Tractor, Inc. –

 AT-802/802A Master Pilot Training Program

o Produces and Submits for FAA approval

o Maintains Master Pilot Training Program (Revisions, changes, 

distribution, etc.)

 Manages Authorized Instructor Pilots

o Reviews qualifications of, then makes approval decision

o Issues Certificate of Approval

o Maintains records on file

o Conducts audits periodically

 Manages Training Center-submitted 3

rd Party pilot Training Programs, 

o Reviews submitted programs, then approves

o Maintains records on file

o Issues Certificate of Approval

o Conducts audits periodically

 Maintains Waiver Exemption No. 5651 (applies for renewal biennially)

Factory Authorized Training Centers –

 Develops a pilot Training Program which meets the minimum 

requirements of the FAA approved Air Tractor, Inc. Master Pilot Training 

Program

 Requests and receives factory authorization of the developed flight 

training programs.

 Employs Factory Authorized Instructor Pilots to conduct training

 Maintains training records of student pilots

 Presents training center facility for inspection and audit, and submits 

training records to Air Tractor, Inc. on request

Factory Authorized Instructor Pilots –

 Conducts ground and flight training

o Uses the Air Tractor Master Pilot Training Program, or a factory 

authorized Flight Training Program

 Manages Student Pilots
o Reviews qualifications

o Maintain training records

o Issues Certificate of Authorization

o Submits training records to Air Tractor, Inc. on request

Authorized AT-802/802A Pilots –

 Meets the training and experience requirements of the Exemption

No.5651.

 Possesses a Certificate of Authorization and/or logbook endorsement.

 Maintains personal training records and makes them available upon 

request.

The current Exemption 5651N is set to expire on 4/30/16. Air Tractor, Inc. believes that 

these changes and clarifications will ensure that our customers, specifically operators of 

Air Tractor AT-802/802A airplanes, continue to operate our airplanes in the safest 

manner possible, increasing the safety and effectiveness of our entire industry and the 

general public. We are happy to answer any questions this letter may have raised, and 

we are happy to discuss any of the issues in further detail, either via email, via 

telephone call, or in person.

If your office needs a digital copy of this letter emailed, please provide me with the 

proper email address and I’ll send it.

Please don’t hesitate to contact us with questions.

Sincerely, 

Mike Rhodes

Chief Pilot, Air Tractor, Inc.

1524 Leland Snow Way

Olney, TX 76374

(940) 564-5616

mrhodes@airtractor.com