AFS-15-3392-E January 13, 2016

Exemption No. 14396 Regulatory Docket No. FAA-2015-3331

Mr. Bernie Consol

Chief Pilot Aero Contractors, Ltd.

3463 Swift Creek Road Smithfield, NC 27577

Dear Mr. Consol:

This letter is to inform you that we have gr anted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By request posted August 3, 2015, to docke t FAA-2015-3331, you petitioned the Federal Aviation Administration (FAA) on behalf of Aero Contractors, Ltd. (Aero Contractors) for an exemption from § 91.313(a) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Aero Contractors to conduc t operations needed to satisfy crewmember training, type rating requirements, and profic iency requirements found in part 61 in the Beechcraft King Air B200 series re stricted category aircraft.

Section 91.313(a) limits operation of a restricted category aircraft to: (1) the special purpose operation for which it is certificated; and (2) an operation necessary to accomplish the work activity directly associated with that special purpose.

Although not specifically requested, the FAA believe s that relief from § 91.313(c) will also be necessary in order for the petiti oner to conduct operations describe d in its interest. Therefore, the FAA is construing the petition as a request for an exemption from § 91.313(c). This section prescribes, in pertinen t part, that no person may operate a restricted category civil2

aircraft carrying passengers or property for comp ensation or hire. Further, for the purpose of this section, a special purpose operation involving the carriag e of persons or material necessary to accomplish that operation[s] fo r the purpose of providing fight crewmember training in a special purpose ope ration, are not considered to be the carriage of persons of property for compensation or hire.

The FAA notes that the public benefit is served by the additional level of safety provided by employing an actual aircraft to conduct the required training and check rides versus the use of a simulator. The currently available approved flight simulators do not match the level of avionics systems in the actual aircraft, thus the actual aircraft provide s a “more real world” training platform.

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 Aero Contractors.

The FAA has issued a grant of exemption in circ umstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 11245 (copy enclosed), the FAA found that an exemption was appropriate to allow Neptune Aviation Services to conduct practical tests, proficiency trai ning, and associated flights in restricted category aircraft.

Having reviewed your reasons for re questing an exemption, I find that:

 They are similar in all material respects to relief previously request ed in the enclosed Grant of Exemption No. 11245;

 The reasons stated by the FAA for granting the enclosed Grant of Exemption No. 11245 also apply to the situ ation you present; and

 For the reasons stated in Gr ant of Exemption No.11245 a grant of exemption is in the public interest.

Our Decision

Therefore, pursuant to the authority c ontained in 49 U.S.C. §§ 106(f), 40113 and 44701 delegated to me by the Administrator, I grant Aero Contractors, Ltd. (Aero Contractors) an exemption from 14 CFR § 91.313(a) and (c) to the ex tent necessary to a llow Aero Contractors to conduct operations needed to satisfy crewme mber training, type ra ting requirements, and proficiency requirements found in part 61 for re stricted category civil B200 series aircraft, subject to the conditions a nd limitations listed below.

Conditions and Limitations

1. The privileges of this exemption are limited to the following aircraft:

Aircraft Make Aircraft Model Registration Number Serial Number

Beechcraft B200C N4456A BL

‐ 143

Beechcraft B200C N5139A BL

‐ 1443

Beechcraft B200C N4489A BL

‐ 145

Beechcraft B200C N5155A BL

‐ 146

Beechcraft B200C N299AL BB

‐ 1823

2. Aero Contractors must be in full operationa l control of any aircraft operated using the privileges of this exemption.

3. The relief from § 91.313(c) is only granted to the extent necessary to allow for the operations described in Condition/Limitation No. 4.

4. Aero Contractors may only use the aircra ft for the special purposes identified on the restricted category airworthines s certificate for the aircraft in Condition/Limitation No. 1 and the following operations:

a. Practical tests necessary to issue type ratings required by § 61.31(a) to pilots employed by Aero Contractors;

b. Flight training for pilots employed by Aero Contractors seeking to take a practical test for a type rating designa tion necessary to operate an aircraft covered under this exemption; and,

c. Observation flights performed for the purpose of designating or observing a Designated Pilot Examiner (DPE).

5. An aircraft configuration analysis includi ng, but not limited to, flight deck, flight manual, operating limitations, required pl acards, and procedures must be completed and provided to the Flight St andards District Office (FSDO) with geographic responsibility for the airport or area where the aircraft is based. This analysis must reflect the capability of the aircraft to perform all required procedures and maneuvers necessary to m eet the applicable requirements of the aircraft type rating Practi cal Test Standards (for ai rplanes, FAA-S-8081-5F, as amended).

6. A copy of this exemption must be provi ded to the FSDO in the geographic region where the aircraft is based, must be provided to any representative of the Administrator upon request, and must be carri ed aboard the aircraft at all times.

7. Failure to meet any of the conditions of this exemption immediately cancels the authority authorized by this exemption.4

8. The privileges of this exemption are not valid for operating outside the United

States.

This exemption terminates on January 31, 2018, unless sooner supers eded or rescinded.

Sincerely,

//s//

John Barbagallo Deputy Director, Flight Standards Service

Enclosure Exemption No. 11245