95-1919. Proposed Advisory Circular on Government Aircraft Operations  

  • [Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
    [Notices]
    [Pages 5237-5246]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1919]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    [AC No. 00-1.1]
    
    
    Proposed Advisory Circular on Government Aircraft Operations
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Request for comments on proposed advisory circular.
    
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    SUMMARY: Proposed Advisory Circular (AC) 00-1.1, Government Aircraft 
    Operations, provides guidance on whether particular government aircraft 
    operations are public aircraft operations of civil aircraft operations 
    under the new statutory definition of ``public aircraft.'' This AC 
    contains the FAA's intended application of key terms in the new 
    statutory definition. For operations that have lost public aircraft 
    status under the new law, this AC provides information on bringing 
    those operations into compliance with FAA safety regulations for civil 
    aircraft. It also provides information on applying for an exemption.
    
    DATES: Comments must be received on or before February 27, 1995.
    
    ADDRESSES: Written comments are invited on all aspects of the proposed 
    AC. Commenters must identify file number AC 00-1.1, Government Aircraft 
    Operations. Send all comments on the proposed AC to the following 
    location: Federal Aviation Administration, Flight 
    [[Page 5238]] Standards Service, Air Carrier Branch (Attention; AFS-
    200), 800 Independence Avenue, SW., Washington, DC 20591.
    
    FOR FURTHER INFORMATION CONTACT:
    David Catey, Air Carrier Branch (AFS-220), (202) 267-8094, 800 
    Independence Avenue SW., Washington, DC 20591.
    
    SUPPLEMENTARY INFORMATION: This AC provides guidance on the FAA's 
    application of the new definition of public aircraft enacted in the 
    Independent Safety Board Act Amendments of 1994, Pub. L. 103-411. This 
    guidance material supplements the final rule titled ``Public Aircraft 
    Definition and Exemption Authority.'' Because Pub. L. 103-411 becomes 
    effective April 23, 1995, the AC is published in its entirety to allow 
    commenters access to the document as quickly as possible.
    
        Issued in Washington, DC on January 20, 1995.
    William J. White,
    Deputy Director, Flight Standards Service.
    
        1. Purpose. The purpose of this advisory circular (AC) is to 
    provide guidance on whether particular government aircraft operations 
    are public aircraft operations or civil aircraft operations under the 
    new statutory definition of ``public aircraft.'' This AC contains the 
    Federal Aviation Administration's (FAA) intended application of key 
    terms in the new statutory definition. For operations that have lost 
    public aircraft status under the new law, this AC provides information 
    on bringing those operations into compliance with FAA safety 
    regulations for civil aircraft. It also provides information on 
    applying for an exemption. This AC provides acceptable, but not 
    exclusive, means of complying with the law.
        2. Reference. 49 U.S.C. 40102(A)(37).
        3. Related Material:
        a. AC 00-2.8, Advisory Circular Checklist, lists documents that 
    provide guidance on many of the processes required to be followed in 
    the certification and operation of civil aircraft.
        b. AC 00-44FF, Status of Federal Aviation Regulations, provides the 
    current public status of the Federal Aviation Regulations (FAR), 
    prices, and order forms.
        c. AC 20-132, Public Aircraft, provides guidance that public 
    aircraft status under the Federal Aviation Act does not permit 
    operations outside the territorial limits of the United States without 
    a valid airworthiness certificate.
        d. AC 120-12A, Private Carriage Versus Common Carriage of Persons 
    or Property, furnishes general guidelines for determining whether 
    transportation operations by air constitute private or common carriage.
        e. AC 120-49, Certification of Air Carriers, provides information 
    and guidance on the certification process for air carriers under FAR 
    Parts 121 and 135.
        f. Guide to Federal Aviation Administration Publications provides 
    guidance on identifying and obtaining FAA and other aviation-related 
    publications issued by the Federal Government.
    
        Note: Copies of the above documents may be obtained from the 
    Department of Transportation, M-45.3, General Services Section, 
    Washington, DC 20590.
    Thomas C. Accardi,
    Director, Flight Standards Service.
    
    Contents
    
    Chapter 1. Determining Whether Aircraft Operations Are Public or Civil
    
    1. Public Aircraft Definition.
        a. Background.
        b. Legislative History.
        c. Statutory Text.
        d. Operational Nature of Definition.
        e. Effective Date.
    2. Key Statutory Terms.
        a. ``For Commercial Purposes.''
        b. ``Whose Presence Is Required to Perform.''
        c. ``Associated With the Performance of.''
        d. ``A Governmental Function Such as . . . .''
        (1) Examples.
        (2) ``Firefighting.''
        (3) ``Search and Rescue.''
        (4) ``Law Enforcement.''
        (5) ``Aeronautical Research.''
        (6) ``Biological and Geological Resource Management.''
        e. ``Cost Reimbursement Agreement.''
        f. ``Unit of Government.''
        g. ``Certifies.''
        h. ``Significant and Imminent Threat . . . .''
        i. ``No Service by a Private Operator . . . Reasonably 
    Available.''
    
    Chapter 2. Bringing Operations Into Compliance
    
    3. Basic Types of Civil Aircraft Operations.
        a. FAR Part 91.
        b. FAR Part 125.
        c. FAR Part 121 or 135.
        d. FAR Part 133.
        e. FAR Part 137.
    4. Pilot Certification.
        a. Generally.
        b. Domestic Aircraft.
        c. Foreign Aircraft.
        d. Medical Certification.
        e. Instrument Rating.
    5. Aircraft Certification.
        a. Generally.
        b. Type Certification.
        c. Aircraft Previously Type Certificated.
        d. Aircraft With No Prior Certification.
        e. Airworthiness Certification.
        f. Procedures for Obtaining Certificate.
    
    Chapter 3. Applying for an Exemption
    
    6. Administrator's Exemption Authority.
        a. In General.
        b. Statutory Requirements.
        c. Delegation of Authority.
    7. Key Statutory Terms.
        a. ``The Administrator Finds . . . and . . . Certifies.''
        b. ``Undue Economic Burden.''
        c. ``Aviation Safety Program.''
        d. Aircraft Ineligible for Airworthiness Certificates.
    8. Petitions for Exemption.
        a. Procedure.
        b. Contents.
    
    Chapter 1. Determining Whether Operations are Public or Civil
    
    1. Public Aircraft Definition
    
        a. Background. In recent years, there has been a growing concern 
    about the safety of public aircraft, which are statutorily exempt from 
    most types of FAA regulation.
        (1) Intergovernmental reimbursement for the use of government-owned 
    aircraft has also engendered a great deal of controversy. 
    Intergovernmental reimbursement is involved when, for example, state 
    and local governments enter into agreements with each other whereby one 
    government reimburses the other for flying firefighting, rescue, or 
    other missions for it. Some private operators have claimed that state 
    and local governments have competed with them unfairly under the public 
    aircraft exemption. The FAA's longstanding interpretation has been that 
    where there is an exchange of money, an operation is ``for commercial 
    purposes'' and does not have public aircraft status--i.e., such an 
    operation is a civil aircraft operation. Many government operators 
    objected that this interpretation made it impossible to carry out their 
    missions, because it is impractical to obtain the services 
    commercially, and too costly to change many of their aircraft to meet 
    FAA requirements for civil aircraft.
        (2) In response to this controversy, the FAA announced in the 
    Federal Register on August 1, 1994, that it would reconsider whether 
    intergovernmental reimbursement negates public aircraft status. The FAA 
    invited comment from interested parties, 59 FR 39192, and planned to 
    announce its decision by the end of the year.
        (3) On October 9, 1994, Congress passed the Independent Safety 
    Board Act Amendments, Pub. L. 103-411, which contained a major change 
    in the definition of ``public aircraft.'' The new law made the FAA's 
    planned reconsideration unnecessary. Under the new law, where 
    intergovernmental reimbursement occurs, the aircraft is a civil 
    aircraft unless the appropriate unit of government certifies ``that the 
    [[Page 5239]] operation was necessary to respond to a significant and 
    imminent threat to life or property,'' and ``that no service by a 
    private operator was reasonably available to meet the threat.''
        b. Legislative History. The purpose of the new law, as reflected in 
    the legislative history, is twofold.
        (1) First, in the words of Senator Pressler, the purpose of the new 
    law is ``to mandate that FAA safety regulations, directives, and orders 
    issued for civil aircraft be made applicable to all government-owned, 
    nonmilitary aircraft engaged in passenger transport. * * * [T]he 
    Administrator would be allowed to waive FAA requirements for public 
    aircraft provided an equivalent level of safety has been established by 
    the governmental entity responsible for the aircraft.'' Congressional 
    Record, S14419-S14420 (October 6, 1994).
        (2) A second purpose reflected in the legislative history concerned 
    emergency situations like wildfires. As Senator Gorton stated ``the 
    summer wildfires had a drastic impact throughout the State of 
    Washington. Local governments were frustrated that although fires were 
    burning, all available resources could not be utilized. Emergency or 
    not, it is presently prohibited for public agencies to reimburse one 
    another for the use of helicopters. The language in this bill will now 
    give authority to local governments to respond immediately to emergency 
    situations without having to cut through the bureaucratic red tape. In 
    certain cases, where an imminent threat is looming and private 
    operators are not readily available, public agencies will be allowed to 
    use each other's helicopters. This language helps ensure that when an 
    emergency breaks out, all aircraft--public and private--will be 
    available to respond without delay.'' Id. at 14419.
        c. Statutory Text. The new definition of public aircraft enacted by 
    Congress is as follows:
        (1) an aircraft--
        (i) used only for the United States Government; or
        (ii) owned and operated (except for commercial purposes), or 
    exclusively leased for at least 90 continuous days, by a government 
    (except the United States Government), including a State, the District 
    of Columbia, or a territory or possession of the United States, or 
    political subdivision of that government; but
        (2) does not include a government-owned aircraft--
        (i) transporting property for commercial purposes; or
        (ii) transporting passengers other than--
        (I) transporting (for other than commercial purposes) crewmembers 
    or other persons aboard the aircraft whose presence is required to 
    perform, or is associated with the performance of, a governmental 
    function such as firefighting, search and rescue, law enforcement, 
    aeronautical research, or biological or geological resource management; 
    or
        (II) transporting (for other than commercial purposes) persons 
    aboard the aircraft if the aircraft is operated by the Armed Forces or 
    an intelligence agency of the United States.
        (3) An aircraft described in the preceding sentence shall, 
    notwithstanding any limitation relating to use of the aircraft for 
    commercial purposes, be considered to be a public aircraft for the 
    purposes of this part without regard to whether the aircraft is 
    operated by a unit of government on behalf of another unit of 
    government, pursuant to a cost reimbursement agreement between such 
    units of government, if the unit of government on whose behalf the 
    operation is conducted certifies to the Administrator of the Federal 
    Aviation Administration that the operation was necessary to respond to 
    a significant and imminent threat to life or property (including 
    natural resources) and that no service by a private operator was 
    reasonably available to meet the threat. 49 U.S.C. 40102(a)(37).
        d. Operational Nature of Definition. The status of an aircraft as 
    ``public aircraft'' or ``civil aircraft'' depends on its use in 
    government service and the type of operation that the aircraft is 
    conducting at the time. Rather than speaking of particular aircraft as 
    public aircraft or civil aircraft, it is more precise to speak of 
    particular operations as public aircraft or civil aircraft in nature. 
    If a flight is a mixture of both public aircraft and civil aircraft 
    operations, then it is considered a civil aircraft operation.
        (1) Example: An aircraft owned by a state government is used in the 
    morning for a search and rescue mission that meets the statutory 
    definition of public aircraft in all respects. For the search and 
    rescue operation, the aircraft is a public aircraft. Later that same 
    day, however, when the aircraft is used to fly the governor of the 
    state from one meeting to another, the aircraft loses its public 
    aircraft status and is instead a civil aircraft.
        (2) Caution: Care must be taken when aircraft are used in both 
    public and civil aircraft operations. Before such aircraft are returned 
    to civil operations, the government operator may need to record in the 
    aircraft records that the aircraft has been returned to civil status by 
    someone authorized to do so under FAR Part 43, if equipment was removed 
    and replaced to accommodate the governmental function.
        e. Effective Date. The effective date of the new statute is April 
    23, 1995.
        2. Meaning of Key Statutory Terms. The FAA interprets various 
    words, phrases, and clauses in the statutory definition (in their order 
    of appearance in the statute) as follows:
        a. ``For Commercial Purposes.'' This term basically means ``for 
    compensation or hire'' as that term historically has been defined by 
    the FAA. The test for determining whether a particular operation is 
    ``for compensation or hire'' is whether the operator receives direct or 
    indirect remuneration for the operation. The remuneration need not be 
    in the form of money; the receipt of other items of value, such as good 
    will or the logging of flight time, have also been held to make an 
    operation ``for compensation or hire.'' Furthermore, no profit need be 
    made; an operation may be ``for compensation or hire'' even if the 
    operator takes a loss. When the operator is a governmental entity, 
    reimbursement from a party not sharing a common treasury with the 
    governmental entity makes the operation ``for commercial purposes.'' 
    Examples:
        (1) One state agency reimburses another agency of the same state 
    for conducting operations on its behalf using a state-owned aircraft. 
    Where the two state agencies share a common treasury, the operation is 
    not ``for commercial purposes'' within the meaning of the statute.
        (2) A Federal agency reimburses a state agency for conducting 
    aircraft operations on its behalf. This operation is a civil aircraft 
    operations, unless the Federal agency certifies to the FAA 
    Administrator that the operation was necessary to respond to a 
    significant and imminent threat to life or property (including natural 
    resources) and that no service by a private operator was reasonably 
    available to meet the threat, then the aircraft will be a public 
    aircraft. See paragraphs 2 (g) through (i) below.
        (3) Flight instruction is offered as part of the curriculum at a 
    state university. The flights involving student instruction are ``for 
    commercial purposes,'' within the meaning of the statute, because 
    students pay tuition to the university for their instruction. Under FAR 
    Section 135.1(b)(1), flights involving student instruction are excepted 
    from the air taxi and commercial operator regulations of FAR Part 135. 
    Instead, they are governed by FAR Part 91. [[Page 5240]] 
        b. ``Whose Presence Is Required to Perform.'' This phrase means 
    either a crewmember or a non-crewmember who will participate in 
    carrying out the governmental function. Examples:
        (1) Firefighters who are being carried to a fire scene to fight the 
    fire, when the aircraft is also used for aerial assessment to ensure 
    safe and efficacious deployment of the firefighters, are included.
        (2) Persons on board aircraft used in search and rescue operations 
    who are needed to conduct the search when the aircraft is indispensable 
    to the search, or to conduct the rescue operation when the aircraft is 
    the only feasible means of reaching the victim with the necessary 
    speed, are included. Medical evacuation operations carrying persons 
    whose presence is required to perform the medical evacuation, but where 
    the aircraft is used only because it is an equal or better means of 
    transportation than other means are not included; these are considered 
    civil aircraft operations.
        (3) Persons on board aircraft conducting law enforcement operations 
    for the purpose of operating searchlights or performing similar 
    observational functions are included. Transporting prisoners is not 
    included.
        (4) Persons on board aircraft conducting aeronautical research who 
    are required to make observations and gather data, provided the work 
    can only be done in the aircraft, are included.
        (5) Persons on board aircraft engaged in biological and geological 
    resource management, who perform scientific and technical tasks that 
    can only be done from the air, are included.
        c. ``Associated with the Performance of.'' This clause connotes a 
    noncrewmember support person who, while not essential to performance of 
    the governmental function, is expected to contribute to the 
    effectiveness of those whose presence is required to perform the 
    function.
        (1) One of Congress' primary purposes in enacting the new statutory 
    definition of ``public aircraft'' was to increase FAA regulatory 
    oversight of government aircraft. See Congressional Record, S14418-
    S14424 (October 6, 1994). Giving the phrase ``associated with the 
    performance of'' an overly broad interpretation would be contrary to 
    that intent.
        (i) Examples:
        (A) A government executive who accompanies firefighters to a fire 
    scene solely to assess what further action the government should take 
    in regard to fighting the fire is ``associated with the performance 
    of'' the governmental function of firefighting. Persons gathering 
    information for dissemination through new media are not considered 
    within the exception.
        (B) A government-owned aircraft is used to survey a natural 
    disaster. Individuals whose presence is required to monitor equipment 
    installed in the aircraft for the purpose of the survey are persons 
    ``associated with the performance of'' the governmental function.
        d. ``Governmental Function such as * * * '' The term ``such as'' in 
    the clause ``a governmental function such as firefighting, search and 
    rescue, law enforcement, aeronautical research, or biological or 
    geological resource management'' indicates that the listed functions 
    are not exhaustive, but that certain other governmental functions would 
    be included as well. In the context of the clause ``governmental 
    function such as firefighting, search and rescue, law enforcement, 
    aeronautical research, or biological or geological resource 
    management,'' the term ``such as'' implies other governmental functions 
    that share a common characteristic with those listed. The unifying 
    characteristic shared by the governmental functions listed in the 
    statute is that they each involve the use of the aircraft as an 
    integral or indispensable element of the operation. That is, the 
    presence of those aboard the aircraft performing the governmental 
    function is required on the aircraft, in the air--rather than merely at 
    the end of the flight.
        (1) Examples:
        (i) An aerial survey in a government-owned aircraft to determine 
    the extent of a natural disaster is a governmental function within the 
    scope of the statute. This operation would be a public aircraft 
    operation.
        (ii) Firefighters are transported from a base camp to the 
    firefront, and before the aircraft lands, it is used for reconnoitering 
    to determine the most effective deployment of the firefighters. This 
    operation falls within the firefighting exception, and is a public 
    aircraft operation.
        (iii) Firefighters are flown from one area of the country to a 
    firefighting base in another part of the country. This operation 
    involves transportation that does not fall within the firefighting 
    exception. As a result, compliance with appropriate FAA safety 
    regulations for civil aircraft would be required.
        (2) ``Firefighting.'' This term includes the drop of fire 
    retardants, water, and smoke jumpers, and transportation of 
    firefighters from a base camp to the firefront, if the flight includes 
    use of the aircraft as an integral part of the firefighting operation, 
    as, e.g., with reconnoitering to determine the most effective 
    deployment of the firefighters.
        (3) ``Search and Rescue.'' ``Search and rescue'' is a term of art 
    meaning aircraft operations that are flown to locate and rescue people 
    who cannot be located and rescued in a timely manner from the ground. 
    The term includes operations where the aircraft is indispensable to the 
    search, or is the only feasible means of reaching the victim. Victims 
    would be considered to be ``associated with'' the search and rescue 
    operation.
        (i) The FAA interprets this term narrowly. The term ``search and 
    rescue'' does not include routine medical evacuation of persons from 
    traffic accidents and the like. However, if no commercial operators are 
    available, medical evacuation operations by a government operator will 
    be considered public aircraft. The FAA does not believe that Congress 
    intended for injured people to be carried in aircraft that are not 
    subject to FAA regulation when other, equally effective means are 
    readily available. Nor does the FAA believe that Congress intended to 
    put state and local governments in competition with commercial 
    operations, which generally provide ample civil aircraft capacity for 
    medical evacuation operations.
        (ii) Examples:
        (A) A car crashes in a remote location, and the driver will die if 
    she is not immediately transported to a hospital. No commercial 
    operators are available to fly the injured driver to the hospital in an 
    expeditious manner, but the sheriff's helicopter is. The sheriff's 
    flight carrying the injured driver to the hospital is a public aircraft 
    operation.
        (B) Same situation, but this time commercial operators are 
    available. The medical evacuation operation by the sheriff is a civil 
    aircraft operation.
        (4) ``Law Enforcement.'' Law enforcement operations that employ 
    aircraft with searchlights and law enforcement personnel ready for 
    immediate on-the-spot deployment (e.g., spotters looking for fugitives 
    on the ground) are public aircraft operations. Transportation of 
    prisoners; however, does not fall within the category of ``law 
    enforcement'' and is not a public aircraft operation.
        (5) ``Aeronautical Research.'' Aeronautical research (e.g., 
    conducting flights to determine aircraft performance in various 
    operating environments), even when it requires the presence on board 
    the research aircraft of engineers and technicians who are not part of 
    the crew, is a public aircraft operation.
        (6) ``Biological and Geological Resource Management.'' This term 
    [[Page 5241]] means biological and geological resource management that 
    requires the presence of scientific and technical passengers to gather 
    information that can only be gathered by direct observation from the 
    air.
        e. ``Cost Reimbursement Agreement.'' This term means any agreement, 
    either oral or written, providing for reimbursement of the costs of the 
    aircraft operation. If there is any charge or payment in excess of the 
    cost of the operation, then the agreement does not constitute a cost 
    reimbursement agreement.
        f. ``Unit of Government.'' This term means a government. The 
    singular characteristic of a unit of government in this context is its 
    common treasury. This interpretation generally allows reimbursement 
    among or between agencies of a state, among or between a city, and 
    among or between agencies of the Federal government without the need 
    for compliance with FAR Parts 121, 125, 133, 135, or 137. However, 
    should a city, state, or Federal agency receive reimbursement from 
    another government, it would need to ensure that it is in compliance 
    with the appropriate portions of the FAR, unless the other government 
    is able to certify that there is a significant and imminent threat to 
    life or property and that no private operator is reasonably available, 
    as discussed below.
        g. ``Certifies.'' Cost reimbursement between governments does not 
    negate public aircraft status when the government on whose behalf the 
    operation was conducted certifies that there was a significant and 
    imminent threat and that no private operator was reasonably available 
    to meet the threat. The certification by a unit of government should 
    include the following: a description of the significant and imminent 
    threat; a description of the operation undertaken; the date on which 
    the operation occurred; and an explanation of how it was determined 
    that no service by a private operator was reasonably available.
        (1) Units of government should retain the required certification, 
    which should be completed contemporaneously, as part of their records 
    in case any question should arise.
        (2) A general or ``blanket'' statement that an operator will always 
    comply with statutory requirements will not be considered acceptable. 
    The certification must occur for each occasion of operation.
    
        Note: Congress' intent in amending the public aircraft 
    definition was, in part, to insure that units of government are not 
    impeded in attempting to respond to certain emergency situations. In 
    the words of Senator Gorton, Congress intended that ``when an 
    emergency breaks out, all aircraft--public and private--will be 
    available to respond without delay.'' See paragraph 1(b) above. 
    Consistent with this intent, the FAA does not intend to generally to 
    look behind a unit of government's certification that there was a 
    significant and imminent threat and that no private operator was 
    reasonably available to meet the threat. Thus, it is not expected 
    that FAA inspectors will routinely review or challenge these 
    determinations made by units of government.
    
        h. ``Significant and Imminent Threat. * * *'' ``Significant and 
    imminent threat to life or property (including natural resources)'' 
    means a situation in which the authority responsible for responding to 
    the threat has determined that serious injury, death, or significant 
    damage to property may occur before land- or water-borne assistance can 
    be deployed to counter the threat effectively.
        i. ``No Service by a Private Operator * * * Reasonably Available.'' 
    No service by a private operator was reasonably available to meet the 
    threat'' means that, as reasonably determined by the authority charged 
    with responding to the threat, no private operator is able, at the time 
    of the threat, to deliver aircraft capable of performing the minimum 
    tasks necessary to respond to the threat by the latest time at which 
    such aircraft would provide an effective response.
    
    Chapter 2. Bringing Operations Into Compliance
    
    3. Basic Types of Civil Aircraft Operations
    
        The government operator should contact the nearest FAA Flight 
    Standards district office (FSDO) for assistance and guidance in 
    bringing its operations into compliance with the FAR. For operations 
    requiring certification, the FSDO manager will assign an FAA aviation 
    safety inspector to assist the government operator during the 
    certification process. Initial inquiries about certification or 
    requests for applications should be in writing or by personal visit to 
    the FSDO.
        a. FAR Part 91. (1) FAR Part 91 prescribes the general flight rules 
    for all aircraft operations within the United States, including the 
    waters within 3 nautical miles of the U.S. coast. U.S.-registered civil 
    aircraft are required to comply with FAR Part 91. When over the high 
    seas, they must comply with Annex 2 (Rules of the Air) to the 
    Convention on International Civil Aviation.
        (2) FAR Part 91 prohibits a pilot from operating a civil aircraft 
    unless it is in an airworthy condition. The pilot in command (PIC) is 
    responsible for determining whether the aircraft is in condition for 
    safe flight. The PIC is required to terminate the flight when 
    unairworthy mechanical, electrical, or structural conditions occur. In 
    addition, the PIC may not operate the aircraft without complying with 
    the operating limitations specified in the approved Airplane or 
    Rotorcraft Flight Manual, markings, and placards, or as otherwise 
    prescribed by the certificating authority of the country of registry.
        (3) Under FAR Part 91, the PIC of an aircraft is directly 
    responsible for, and is the final authority as to the operation of that 
    aircraft. In case of an inflight emergency, the PIC is authorized to 
    deviate from any rule in FAR Part 91 to the extent necessary to meet 
    the emergency. However, any PIC who deviates from a rule in FAR Part 91 
    is required, upon the request of the Administrator, to send a written 
    report of that deviation to the Administrator.
        b. FAR Part 125. If an operator uses an airplane with a seating 
    configuration for 20 or more passenger seats or a maximum payload 
    capacity of 6,000 pounds or more, and is not engaged in ``common 
    carriage,'' then FAR Part 125 applies. A person is considered to be 
    engaged in ``common carriage'' when ``holding out'' to the general 
    public or to a segment of the public as willing to furnish 
    transportation within the limits of its facilities to any person who 
    wants it. Examples of holding out are as follows: advertising through 
    telephone yellow pages, billboards, television, radio, and individual 
    ticketing. FAR Section 125.11(b) prohibits FAR Part 125 certificate 
    holders from conducting any operation which results directly or 
    indirectly from holding out to the general public. Further information 
    regarding common carriage vs. private carriage can be found in AC 120-
    12. If the operator is engaged in ``common carriage,'' then FAR Part 
    121 or 135 applies rather than FAR Part 125.
        c. FAR Part 121 or 135. When a government-owned aircraft is 
    operated ``for commercial purposes'' (see paragraph 2(a) above), the 
    requirements contained in either FAR Part 121 or 135, depending on the 
    type of operation, must be met. Generally, FAR Part 121 applies to 
    domestic, flag, and supplemental air carriers and commercial operators 
    of large aircraft, while e aircraft, while FAR Part 135 applies to air 
    taxi operators and commercial operators. An operator should consult 
    Special Federal Aviation Regulation (SFAR) No. 38-2 as well as the 
    applicability provisions of each part (FAR Sections 121.1 and 135.1) to 
    [[Page 5242]] determine whether it is FAR Part 121 or 135 that applies 
    to a particularDO will provide an applicant for a FAR Part 121 or 135 
    certificate with a videotape on certification and a copy of AC 120-49, 
    Certification of Air Carriers. Once the videotape and the AC have been 
    reviewed, the applicant will complete FAA Form 8400-6, Preapplication 
    Statement of Intent, and the FSDO manager will assign a Certification 
    Team to assist the applicant through each phase of the certification 
    process.
        d. FAR Part 133. FAR Part 133, Rotorcraft External-Load Operations, 
    prescribes the airworthiness certification requirements for rotorcraft, 
    and the operating and certification rules governing the operation of 
    rotorcraft conducting external-load operations in the United States by 
    any person. The certification rules do not apply to a Federal, state, 
    or local government conducting operations with a government-owned 
    aircraft unless it is operating as a civil aircraft due to receipt of 
    compensation. Federal, state, or local governments must; however, 
    comply with all of the other rules contained in FAR Part 133, even when 
    operating a public aircraft.
        (1) FAR Part 133 requires that a person must obtain a Rotorcraft 
    External-Load Operator Certificate issued by the FAA before any 
    rotorcraft external-load operations in the United States are begun. 
    This certificate is valid for 24 calendar months unless it is 
    surrendered, suspended, or revoked prior to the expiration date shown 
    on the certificate.
        (2) Rotorcraft used in external-load operations must have been type 
    certificated and must continue to meet the requirements of FAR Part 27 
    or 29 or of FAR Section 21.25. Rotorcraft must also comply with the 
    airworthiness requirements contained in Subpart D of FAR Part 133 and 
    must have a valid standard or restricted category airworthiness 
    certificate. At the present time, only rotorcraft of U.S. registry are 
    eligible for external-load operations.
        (3) Pilots conducting rotorcraft external-load operations must have 
    at least a current commercial pilot certificate with a rating 
    appropriate to the rotorcraft being used, and a Second Class Medical 
    Certificate.
        e. FAR Part 137. FAR Part 137, Agricultural Aircraft Operations, 
    prescribes the rules which govern the certification and operation of 
    agricultural aircraft operated in the United States, and the issuance 
    of either a private or commercial agricultural aircraft operator 
    certificate for those operations. In a public emergency, a person who 
    conducts agricultural aircraft operations may, where necessary, deviate 
    from any operating rule contained in FAR Part 137 for relief and 
    welfare activities approved by an agency of the United States or of a 
    state or local government. However, each person who deviates from a 
    rule shall complete a report of the aircraft operation involved within 
    10 days, including a description of the operation and the reasons for 
    it, to the nearest FAA FSDO.
        (1) As defined in FAR Part 137, an agricultural aircraft operation 
    means the operation of an aircraft for the purpose of:
        (i) dispensing any economic poison;
        (ii) dispensing any other substance intended for plant nourishment, 
    soil treatment, propagation of plant life, or pest control; or
        (iii) engaging in dispensing activities directly affecting 
    agriculture, horticulture, or forest preservation. It does not include 
    the dispensing of live insects. Forest firefighting is considered to be 
    an agricultural aircraft operation.
        (2) FAR Part 137 requires that a person must obtain an Agricultural 
    Aircraft Operator Certificate issued by the FAA before any agricultural 
    aircraft operations in the United States are begun. A rotorcraft may 
    conduct agricultural aircraft operations with external dispensing 
    equipment in place without a rotorcraft external-load operator 
    certificate. However, an operator with a rotorcraft external-load 
    operator certificate may conduct agricultural aircraft operations if it 
    disperses only water on forest fires by rotorcraft external-load means 
    without an agricultural aircraft operator certificate. A Federal, 
    state, or local government conducting agricultural aircraft operations 
    is not required to obtain an Agricultural Aircraft Operator 
    Certificate. They must; however, comply with all of the other rules 
    contained in FAR Part 137.
        (3) Aircraft used in agricultural aircraft operations must be 
    certificated and airworthy, and equipped for agricultural operation. 
    They must be equipped with a suitable and properly installed shoulder 
    harness for use by each pilot.
        (4) Operators conducting agricultural aircraft operations must have 
    the services of one person who has at least a current U.S. commercial 
    pilot certificate and who is properly rated for the aircraft to be 
    used.
    
    4. Pilot Certification
    
        a. Generally. All civil aircraft are required to be operated by 
    pilots certificated under FAR Part 61, Certification: Pilots and Flight 
    Instructors. FAR Part 61 prescribes the requirements for issuing pilot 
    certificates and ratings, the conditions under which those certificates 
    and ratings are necessary, and the privileges and limitations of those 
    certificates and ratings.
        b. Domestic Aircraft. Pilots operating civil aircraft of U.S. 
    registry are required to have in their personal possession a current 
    pilot certificate issued to them under FAR Part 61. U.S.-registered 
    aircraft may be operated in a foreign country with a pilot license 
    issued by the that country.
        c. Foreign Aircraft. Foreign aircraft may be operated in the U.S. 
    by pilots who have in their personal possession current pilot 
    certificates issued under FAR Part 61 or a pilot license issued to them 
    or validated for them by the country in which the aircraft is 
    registered.
        d. Medical Certificate. Pilots operating U.S.-registered civil 
    aircraft are required to have in their personal possession an 
    appropriate current medical certificate issued to them under FAR Part 
    67, Medical Standards and Certification. FAR Part 67 prescribes the 
    medical standards for issuing medical certificates. A Third Class 
    Medical Certificate is required for Private Pilot certification. A 
    Second Class Medical Certificate is required for Commercial Pilot 
    certification. A First Class Medical Certificate is required for 
    Airline Transport Pilot certification.
        e. Instrument Rating. Pilots operating civil aircraft under 
    instrument flight rules or in weather conditions less than the minimums 
    prescribed for Visual Flight Rules are required to hold an Instrument 
    Rating or an Airline Transport Pilot Certificate appropriate for the 
    aircraft flown.
    
    5. Aircraft Certification
    
        a. Generally. Government aircraft operations that are no longer 
    eligible for public aircraft status must now meet the civil 
    airworthiness standards for certification of aircraft. This includes 
    the aircraft's engines and propellers as well as the aircraft as a 
    whole. A civil aircraft must have a current airworthiness certificate 
    to operate in the National Airspace System. Additionally, all civil 
    aircraft must meet the following requirements:
        (1) The aircraft must have an effective U.S. registration 
    certificate on board during all operations as required by FAR Section 
    91.203.
        (2) An appropriate and current airworthiness certificate must be 
    displayed in accordance with FAR Section 91.203(c). An airworthiness 
    certificate is effective as long as the [[Page 5243]] maintenance, 
    preventive maintenance, and alterations are performed in accordance 
    with FAR Parts 21, 43, and 91, as appropriate, and the aircraft is 
    registered in the United States.
        (3) The aircraft must have been inspected in accordance with FAR 
    Section 91.409 within the preceding 12 calendar months.
        (i) If the government agency plans to use a progressive inspection 
    program, it must submit a written request to the FAA. The request must 
    be sent to the FSDO having jurisdiction over the area in which the 
    applicant is located and the applicant must be able to meet the 
    requirements identified in FAR Section 91.409(d).
        (ii) Large airplanes, turbojet multiengine airplanes, 
    turbopropeller-powered multiengine airplanes, and turbine-powered 
    rotorcraft must have a program approved that meets the requirements of 
    FAR Section 91.409(e).
        (4) All maintenance and required inspections must have been 
    completed by a person authorized under FAR Sections 43.3 and 43.7. 
    Additionally, the maintenance and inspections performed must be 
    recorded in accordance with FAR Sections 43.9 and 43.11. FAR Part 43 
    prescribes the rules governing the maintenance, preventive maintenance, 
    rebuilding, and alteration of civil U.S.-registered aircraft.
        (5) Any alterations to the aircraft must have been accomplished and 
    returned to service by an appropriately certified and authorized person 
    under FAR Part 43.
        (6) Aircraft operations for compensation or hire must be performed 
    in accordance with the appropriate Air Operations Certificate, e.g., 
    FAR Parts 125, 135, etc.
        b. Type Certification. Prior to airworthiness certification, the 
    type design must be certificated by the FAA. Section 603(c) of the 
    Federal Aviation Act of 1958 makes a type certificate a prerequisite 
    for issuance of airworthiness certificates. Each government operator 
    who wishes to determine the eligibility of its aircraft for civil 
    operations must contact the responsible geographic Aircraft 
    Certification Office (ACO) for assistance in seeking either:
        (1) design approval for aircraft that have been type certificated 
    in the past; or
        (2) type certification approval of aircraft that have been operated 
    in the past under public aircraft status without a type certificate.
        c. Aircraft Previously Type Certificated. If the aircraft was 
    originally built to an FAA type certificate, the Aircraft Certification 
    Office will review the type certificate data and make a comparison with 
    the aircraft's current design and condition.
        (1) the applicant should provide the FAA Aircraft Certification 
    Office with the technical information to assist in the following:
        (i) a review of type design for any engineering changes or 
    modifications;
        (ii) a review of replacement parts and technical data on the 
    replacement parts;
        (iii) a review of applicable Airworthiness Directives (AD);
        (iv) a review of previous operating regimes;
        (v) if needed, application of later regulatory amendments or 
    special conditions for any changes found necessary to establish current 
    airworthiness standards for safe design.
        (2) The applicant must provide accurate records of any changes from 
    the approved type design that are necessary to establish the current 
    design. The applicant should update all maintenance manuals as 
    necessary. If there has been a substantial change in the type design, 
    e.g., in the configuration, power, power limitations, speed 
    limitations, or weight that have proven so extensive that a 
    substantially complete investigation of compliance with the applicable 
    regulations is required, the owner will be required to apply for a new 
    type certificate.
        d. Aircraft with No Prior Certification. It will be extremely 
    difficult to obtain type certification of aircraft that have no history 
    of civil certification. However, if a government operator wishes to 
    apply for type certification, it should file an application for a type 
    certificate on FAA Form 8110.12. The applicant must submit the 
    application and all type design data for the aircraft, including the 
    aircraft's engines and propellers, to the Aircraft Certification Office 
    in its geographic area for approval. The application form must be 
    accompanied by a three-view drawing and available basic data so that a 
    preliminary regulatory certification basis may be established. The 
    applicable airworthiness certification regulations, i.e., FAR Part 23, 
    25, 27, 29, 33, 35, etc., will be those that are in effect on the date 
    of application for the certificate, unless otherwise noted in the 
    regulations. The applicant must submit the type design, test reports, 
    and computations necessary to show that the product to be certificated 
    meets the applicable airworthiness, aircraft noise, fuel venting, and 
    exhaust emission requirements of the FAR. Upon examining the data and 
    test reports, participating in testing, and inspecting the prototype 
    aircraft, the Administrator must be able to find that the type design 
    in fact complies with the above-mentioned regulations.
        e. Airworthiness Certification. An operator of an aircraft that has 
    been operated in public aircraft status cannot obtain a standard 
    airworthiness certificate or return the aircraft to civil operations 
    without showing that the aircraft meets all the criteria for that 
    airworthiness certificate as prescribed by the regulations. Making that 
    showing may be difficult when the aircraft has not been maintained, 
    altered, or inspected in accordance with the FAR. In order to receive a 
    standard airworthiness certificate, the operator should show that the 
    aircraft has been maintained according to the manufacturer's 
    instructions, and that any modifications to the aircraft either were 
    removed or approved by the FAA. Before a standard airworthiness 
    certificate can be issued, the applicant must show that:
        (1) The aircraft conforms to its approved type design and is in 
    condition for safe operation.
        (2) Any alterations were accomplished in accordance with an 
    approved supplemental type certificate (STC) or other FAA approved 
    data, such as a field approval as reflected by the issuance of an FAA 
    Form 337, Major Repair of Alteration.
        (3) All applicable AD's have been complied with.
        (4) If altered while in another category, the aircraft continues to 
    meet, or has been returned to, its approved type design configuration 
    and is in a condition for safe operation.
        f. Procedures for Obtaining Certificate. Applicants interested in 
    obtaining an airworthiness certificate must follow the following 
    procedures.
        (1) Applicants are required to submit a properly executed 
    Application for Airworthiness, FAA Form 8130-6, and any other documents 
    called for in FAR Parts 21 and 45 for certification. An applicant may 
    obtain an FAA Form 8130-6, ``Application for Airworthiness'' from the 
    local Manufacturing Inspection district office (MIDO) or FSDO. The 
    applicant must have completed and signed the appropriate sections prior 
    to submitting it to the FAA.
        (2) The applicant is required to make available for inspection and 
    review the aircraft, aircraft records, and any other data necessary to 
    establish conformity to its type design.
        (3) The applicant must properly register the aircraft in accordance 
    with FAR Part 47, Aircraft Registration.
        (4) The applicant is also required to show that the aircraft 
    complies with the noise standards of FAR Sections 
    [[Page 5244]] 21.93(b), 21.183(e), Part 36, or Part 91, as appropriate. 
    This may be demonstrated through the use of data. Also, the applicant 
    is required to show that the aircraft's fuel venting and exhaust 
    emission systems comply with the requirements of FAR Part 34. In 
    addition, the applicant must show the aircraft meets the applicable 
    passenger emergency exit requirements of FAR Section 21.183(f) and SFAR 
    No. 41.
        (5) During the course of the certification process, the FAA will 
    review records and documentation to the extent necessary to establish 
    that:
        (i) All of the required records and documentation are provided for 
    the aircraft, i.e., an up-to-date approved flight manual, a current 
    weight and balance report, equipment list, maintenance records, FAA-
    accepted Instructions for Continued Airworthiness (ICAW) and/or FAA-
    acceptance maintenance manual(s) (MM), and any other manuals required 
    by FAR Sections 21.31, 21.50, 23.1529, 25.1529, 27.1529, 29.1529, 33.4, 
    and 35.4. These documents must be in the English language.
        (ii) The applicant should ensure that the appropriate markings are 
    present in accordance with FAR Part 45. The applicant should make 
    available the Type Certificate Data Sheets (TCDS), aircraft 
    specification, or aircraft listing that is applicable.
        (iii) The inspection records and technical data should reflect that 
    the aircraft conforms to the type design, and all required inspections, 
    including those provided for in FAR Section 21.183(d)(2), which 
    provides for a 100-hour inspection, as described in FAR Section 43.15 
    and Appendix D. The applicant must also show that the tests the 
    aircraft has been subjected to have been satisfactorily completed, the 
    records completed, and reflect no unapproved design changes.
        (iv) The aircraft has been flight tested, if required. If it has 
    not been flight tested, the FAA may issue a special airworthiness 
    certificate as provided for in FAR Sections 21.35 and 21.191(b). The 
    flight test must be recorded in the aircraft records in accordance with 
    FAR Section 91.417(a)(2)(i) as time in service as defined in FAR Part 
    1. Aircraft assembled by a person other than the manufacturer (e.g., a 
    dealer or distributor) must have been assembled and, when applicable, 
    flight tested in accordance with the manufacturer's FAA-approved 
    procedures.
        (v) Large airplanes, turbojet, or turbopropeller multi-engined 
    airplanes must comply with the inspection program requirements of 
    Subpart C of FAR Part 91 or other FAR referenced therein. A 
    supplemental structural inspection program is also required for certain 
    large transport category airplanes. Reference AC 91-56, Supplemental 
    Structural Inspection Program for Large Transport Category Airplanes.
        (6) Inspection of the aircraft. Aircraft submitted by the applicant 
    for inspection will be inspected for the following:
        (i) The nationality and registration marks and identification plate 
    should be displayed and marked in accordance with FAR Part 45. The 
    information presented should agree with the application for 
    airworthiness certification.
        (ii) All equipment, both required and optional, should be properly 
    installed and listed in the aircraft equipment list.
        (iii) Instruments and placards should be located in the appropriate 
    places, installed, and properly marked in the English language.
        (iv) All applicable AD's must have been complied with and 
    appropriately recorded.
        (v) The aircraft should conform to its approved U.S. type 
    certificate and should be in a condition for safe operation.
        (vi) All aircraft systems should have been satisfactorily checked 
    for proper operation. The operation of the engine(s) and propeller(s) 
    should be checked in accordance with the aircraft manufacturer's 
    instructions.
    
    Chapter 3. Applying for an Exemption
    
    6. Administrator's Exemption Authority
    
        a. In General. The FAA Administrator has the authority to grant 
    exemptions, provided certain requirements are met, to units of 
    government for operations that do not have public aircraft status. The 
    Independent Safety Board Act Amendments of 1994, Pub. L. 103-411, 
    provide, in pertinent part:
    
    (1) Authority To Grant Exemptions
    
        (i) In General. The Administrator of the Federal Aviation 
    Administration may grant an exemption to any unit of Federal, State, or 
    local government from any requirement of part A of subtitle VII of 
    title 49, United States Code, that would otherwise be applicable to 
    current or future aircraft of such unit of government as a result of 
    the amendment made by subsection (a) of this section (the revised 
    ``public aircraft'' definition).
    
        Note: The above provision authorizes exemptions from the United 
    States Code--specifically, the Federal Aviation Act of 1958, as 
    amended and recodified--rather than from the regulations.
    
        b. Statutory Requirements. The statute provides as follows:
        (1) The Administrator may grant an exemption [to a unit of 
    government] . . . only if--
        (i) the Administrator finds that granting the exemption is 
    necessary to prevent an undue economic burden on the unit of government 
    and
        (ii) the Administrator certifies that the aviation safety program 
    of the unit of government is effective and appropriate to ensure safe 
    operations of the type of aircraft operated by the unit of government.
    Independent Safety Board Act Amendments of 1994, Section (b)(2), Pub. 
    L. 103-411 (emphasis added).
    
        Note: The FAA intends to grant exemptions only where it is 
    clearly in the public interest to do so.
    
        c. Delegation of Authority. In the interest of administrative 
    efficiency, the Administrator's authority to grant exemptions to units 
    of government has been delegated to the Director, Flight Standards 
    Service, and the Director, Aircraft Certification Service. FAR Section 
    11.25(b)6).
    
    7. Key Statutory Terms
    
        a. ``The Administrator Finds . . . and . . . Certifies.'' This 
    language indicates that the Administrator, or his or her delegate, is 
    to make an independent determination as to whether the statutory 
    requirements for granting an exemption have been met. This is in 
    contrast to an earlier portion of the statute in which the unit of 
    government rather than the Administrator makes the required 
    certifications (that the operation was necessary to respond to a 
    significant and imminent threat, and that no private operator was 
    reasonably available to meet the threat).
        b. ``Undue Economic Burden.'' One finding that the Administrator or 
    his or her delegate must make before granting an exemption is that the 
    exemption is necessary to prevent an undue economic burden on the unit 
    of government. ``Undue economic burden'' means that it would cost 
    substantially more to comply with FAA regulations than with ``an 
    aviation safety program that is effective and appropriate to ensure 
    safe operations of the type of aircraft operated by the unit of 
    government'' under the statute's exemption provision. To show 
    ``substantial additional costs,'' a petitioner for exemption should 
    submit information that will allow the FAA to compare the cost of 
    operating in compliance with Part A of Subtitle VII of Title 49 of the 
    United States Code with comparable costs if an exemption 
    [[Page 5245]] were granted. At minimum, such information should 
    include:
        (1) The purpose and duration of the aircraft operations for which 
    exemption is sought.
        (2) The estimated initial and recurring costs of bringing the 
    petitioner's aircraft operations into compliance with civil aircraft 
    requirements.
        (3) The estimated costs associated with conducting comparable 
    aircraft operations under the exemption.
        (4) The estimated cost of obtaining the same aircraft operations 
    from a private operator.
        c. ``Aviation Safety Program.'' The Administrator or the 
    Administrator's delegate may not grant an exemption to a unit of 
    government without certifying that the aviation safety program of the 
    unit of government is ``effective and appropriate to ensure safe 
    operations of the type of aircraft operated by the unit of 
    government.'' As a result, in the petition for an exemption, the 
    petitioner must show to the Administrator's satisfaction that the 
    petitioner's aviation safety program is effective and appropriate to 
    ensure safe operations of the type of aircraft operated by the 
    petitioner.
        (1) An aviation safety program submitted for approval must specify 
    how the aircraft will be maintained and operated safely. The program 
    must include:
        (i) procedures covering the maintenance and inspection of the 
    aircraft, including the avionics equipment, emergency equipment, 
    aircraft interior modifications;
        (ii) installation, removal, and inspection instructions for all 
    special equipment on or modifications of specific aircraft;
        (iii) procedures for operating the aircraft, personnel training 
    associated with the aircraft; and
        (iv) any other procedures determined to be necessary for the safe 
    operation of the aircraft.
        (2) Example: A unit of government applies for an exemption on an 
    aircraft whose wings were modified to carry external pods for various 
    surveillance activities. In its proposed aviation safety program, the 
    unit of government would need to identify how the continued 
    airworthiness of the modification will be accomplished. At minimum, the 
    following may be required: a special structural inspection at the wing 
    attach points, additional training for pilots operating the aircraft 
    during pod installations, and flight manual changes to reflect any new 
    operating limitations that may be necessary due to the modifications.
        d. Aircraft Ineligible for Airworthiness Certificates. It will be 
    extremely difficult for units of government to show that aircraft 
    ineligible for airworthiness certificates--e.g., military surplus 
    aircraft--have ``an aviation safety program that is effective and 
    appropriate to ensure safe operations of the type of aircraft operated 
    by the unit of government.'' In order to meet the ``aviation safety 
    program'' requirement, the public must be assured that the safety of 
    the aircraft in question is at least roughly equivalent to that 
    provided by the FAR. Aircraft that have no history of civil 
    certification often present significant ``unknowns'' when it comes to 
    such critical safety matters as life-limited parts and aircraft design. 
    Thus, such aircraft do not usually have the needed base on which to 
    build an aviation safety program that is effective and appropriate to 
    ensure safe operations.
        (1) The FAA does not now expect to grant exemptions for aircraft 
    that are ineligible for airworthiness certificates. Units of government 
    may apply for an exemption, but they should be aware of the limited 
    likelihood of obtaining and exemption for such aircraft, particularly 
    when deciding whether to expend their resources in seeking an 
    exemption. While the FAA will not rule out completely the possibility 
    of granting exemptions for such aircraft, the burden on the petitioner 
    of showing that safety will not be jeopardized will be very heavy 
    indeed.
        (2) A successful petitioner for an exemption would need to show 
    that its aviation safety program is at least roughly equivalent in 
    terms of level of safety what is required by the operations, 
    maintenance, and inspection requirements of the FAR.
        (3)A unit of government developing a proposal for an aviation 
    safety program may find the information below helpful:
        (i) Generally. Subpart E of FAR Part 91 prescribes the rules 
    governing the maintenance, preventative maintenance, and alterations of 
    U.S.-registered aircraft civil aircraft operating within and outside 
    the United States. FAR Section 91.403 states that the owner or operator 
    of an aircraft is primarily responsible for maintaining that aircraft 
    in an airworthy condition, including compliance with FAR Part 39. FAR 
    Part 39 describes the requirements for compliance to AD's issued by the 
    FAA.
        (ii) Inspection Programs. Operators of large aircraft, turbojet 
    multiengine airplanes, or turbopropeller powered multiengine airplanes, 
    should select and use one of the four inspection program options 
    outlined in FAR Sections 91.409(e) and (f).
        (A) For one of the four inspection program options, that identified 
    in FAR Section 91.409(f)(4), the inspection program submitted should be 
    compared with the manufacturer's recommended program. Where there is no 
    manufacturer's program, a time-tested program should be utilized. The 
    program developed must provide a level of safety equivalent to or 
    greater than that provided by the other inspection options identified 
    in FAR Section 91.409(f).
        (B) For the other three inspection options outlined in FAR Sections 
    91.409(e) and (f), the basis for the development of the inspection 
    program or the instructions for continued airworthiness, including the 
    detail of the parts and areas of the airplane to be inspected, is the 
    manufacturer's recommendations. In the case of surplus military 
    aircraft, the manufacturers provide this basic information to the 
    specific military service that has contracted for the airplane. The 
    military service then develops a reliability-centered maintenance 
    program to meet its needs and environment which are often comparable to 
    the continuous airworthiness maintenance programs developed by air 
    carriers.
        (C) In many cases, manufacturers may be unwilling or unable to 
    provide instructions for continued airworthiness for operation of the 
    airplane in other than a military environment. Therefore, in keeping 
    with existing policy as provided by the FAA, the only reasonable basis 
    that for detailing the inspection criteria for the aircraft to be 
    inspected, as required by FAR Section 91.409(g)(1), is the scope and 
    detail developed by the applicable military service.
        (D) In addition to the ``field'' level inspection requirements set 
    forth in the military maintenance program, the ``depot'' level 
    inspection requirements should also be included in any inspection 
    program approved under FAR Section 91.409(f)(4). The military ``field'' 
    level maintenance is roughly equivalent to the civil terminology that 
    air carriers use to describe ``A, B or C'' checks. The military 
    ``depot'' level maintenance is comparable to the ``heavy C or D'' 
    checks used by air carriers. Some air carriers may use a numerical 
    description verses the alphabetical identifier for inspection checks.
        (E) The inspection frequency and program structure established by 
    the military may not be appropriate for use in a civilian environment. 
    Therefore, inspection frequency and program structure may require 
    adjustment to meet the government operator's [[Page 5246]] requirement. 
    However, facts and sound judgment must form the basis for any 
    inspection frequency adjustment beyond that which has been established 
    for use by the military.
        (F) An alternate means of compliance for individual specific 
    inspection requirements, in lieu of that which is called for in the 
    military ``field'' or ``depot'' level programs, may be approved 
    following evaluation of the applicant's inspection process 
    instructions.
        (G) Revisions to an existing approved inspection program should be 
    requested in accordance with FAR Section 91.415.
        (iii) Persons Conducting Inspections and Maintenance. The program 
    proposed by the petitioner should include procedures to insure that 
    inspections and maintenance tasks are performed by persons authorized 
    by FAR Sections 43.5 and 43.7.
        (iv) Modifications and Repairs. The program must identify all major 
    modifications and repairs accomplished since the aircraft was put into 
    service. Additionally, all further modifications and major repairs will 
    need to be approved in the same format as required for civil aircraft 
    under the regulations.
    
    8. Petition for Exemption
    
        a. Procedure. FAR Section 11.25--contains the procedures to be 
    followed by a unit of government seeking an exemption. The petition for 
    exemption should be submitted in duplicate to the Rules Docket (AGC-
    10), Federal Aviation Administration, 800 Independence Avenue, 
    Washington, DC 20591. Under FAR Part 11, petitions for exemption are 
    published in the Federal Register for notice and comment period.
        b. Contents. The petition for exemption must set forth the text or 
    substance of the statute from which the exemption is sought. (As noted 
    above, Congress authorized exemptions from the statute--the Federal 
    Aviation Act of 1958, as amended and recodified--rather than from the 
    regulations.) The petition for exemption must contain any information, 
    views, analysis, or arguments available to the petitioner to show that 
    the statutory requirements for granting an exemption have been met--
    i.e.:
        (1) that the exemption is necessary to prevent an undue economic 
    burden on the unit of government; and
        (2) that the aviation safety program of the unit of government is 
    effective and appropriate to ensure safe operations of the type of 
    aircraft operated by the unit of government. FAR Section 11.25. 
    Individuals drafting a petition for exemption on behalf of a unit of 
    government should familiarize themselves with FAR Part 11.
    
    [FR Doc. 95-1919 Filed 1-20-95; 4:26 pm]
    BILLING CODE 4910-13-M
    
    

Document Information

Published:
01/26/1995
Department:
Federal Aviation Administration
Entry Type:
Notice
Action:
Request for comments on proposed advisory circular.
Document Number:
95-1919
Dates:
Comments must be received on or before February 27, 1995.
Pages:
5237-5246 (10 pages)
Docket Numbers:
AC No. 00-1.1
PDF File:
95-1919.pdf