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 granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By request posted August 3, 2015, to docket 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 conduct operations needed to satisfy crewmember 

training, type rating requirements, and proficiency requirements found in part 61 in the 

Beechcraft King Air B200 series restricted 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 believes that relief from § 91.313(c) will also be 

necessary in order for the petitioner to conduct operations described in its interest. Therefore, 

the FAA is construing the petition as a request for an exemption from § 91.313(c). This 

section prescribes, in pertinent part, that no person may operate a restricted category civil 
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aircraft carrying passengers or property for compensation or hire. Further, for the purpose of 

this section, a special purpose operation involving the carriage of persons or material 

necessary to accomplish that operation[s] for the purpose of providing fight crewmember 

training in a special purpose operation, 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 provides 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 circumstances 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 training, and associated flights in restricted category aircraft. 

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

 They are similar in all material respects to relief previously requested 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 situation you present; and 

 For the reasons stated in Grant of Exemption No.11245 a grant of exemption is in the 

public interest. 

Our Decision 

Therefore, pursuant to the authority contained 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 extent necessary to allow Aero Contractors 

to conduct operations needed to satisfy crewmember training, type rating requirements, and 

proficiency requirements found in part 61 for restricted category civil B200 series aircraft, 

subject to the conditions and 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‐144
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Beechcraft B200C N4489A BL‐145

Beechcraft B200C N5155A BL‐146

Beechcraft B200C N299AL BB‐1823

 

2. Aero Contractors must be in full operational 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 aircraft for the special purposes identified on 

the restricted category airworthiness 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 designation 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 including, but not limited to, flight deck, flight 

manual, operating limitations, required placards, and procedures must be 

completed and provided to the Flight Standards 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 meet the applicable requirements of the 

aircraft type rating Practical Test Standards (for airplanes, FAA-S-8081-5F, as 

amended). 

6. A copy of this exemption must be provided 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 carried 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. 
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8. The privileges of this exemption are not valid for operating outside the United 

States. 

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

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service 

Enclosure 

Exemption No. 11245