94-30006. Change in Statutory Definition of Public Aircraft

[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30006]


[[Page Unknown]]

[Federal Register: December 7, 1994]


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DEPARTMENT OF TRANSPORTATION

 

Change in Statutory Definition of Public Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of statutory change.

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SUMMARY: This document notifies all persons whose operations may be 
affected by the change in the statutory definition of public aircraft 
that they will need to take steps now to ensure that their operations 
meet all applicable safety regulations when the new law goes into 
effect, or to obtain an exemption.

FOR FURTHER INFORMATION CONTACT:
Dave Catey, AFS-220, Federal Aviation Administration, 800 Independence 
Avenue, SW, Washington, DC 20591, telephone [phone].

SUPPLEMENTARY INFORMATION: A new statutory definition of public 
aircraft was signed into law on October 25, 1994. All persons whose 
operations are affected by the change in the statutory definition of 
public aircraft are advised that they must take steps to ensure that 
their operations meet all applicable safety regulations by April 23, 
1995, the date the new law becomes effective, unless by that date they 
obtain an exemption as provided for by the law. An application for 
exemption will not stay the effective date of the statute. The 
following is a notice from the Administrator advising all persons whose 
operations may be affected by the change in the statutory definition of 
public aircraft.

    Issued in Washington, D.C. on November 23, 1994.
John Walsh,
Senior Attorney, General Legal Services Division.

Appendix--Notice to all Persons Whose Operations may be Affected by 
the Change in the Statutory Definition of Public Aircraft

    On October 9, 1994, Congress passed the Independent Safety Board 
Act Amendments, which contained a major change in the definition of 
``public aircraft.'' Under the previous statutory definition, pubic 
aircraft were exempt from many types of FAA regulation.
    Under the new statute, many of those aircraft will not be 
subject to FAA safety regulations. For example, when the law becomes 
effective, aircraft used to transport passengers will, in some 
circumstances, no longer be considered public aircraft. Therefore, 
the operators of such aircraft will need to meet civil aircraft 
requirements for certification, maintenance, training, etc., unless 
they qualify for narrowly described exemptions. Aircraft operated by 
the Armed Forces and intelligence agencies, however, will retain 
their public aircraft status unless operated for a commercial 
purpose.
    The new law will become effective on April 23, 1995. Attached 
for your information is a copy of the new law. If you intend to use 
your aircraft in operations that will no longer be consistent with 
public aircraft status, then you should start taking steps now to 
ensure that your operations meet all applicable safety regulations 
by the time the new law goes into effect, or to request an exemption 
as described in the new law.
    Although the FAA Administrator has certain authority to grant 
exemptions from the civil aircraft safety regulations to ``units of 
government,'' the agency expects to invoke its exemption authority 
only when the public interest clearly demands it. To obtain an 
exemption under the statute, a unit of government must show that 
granting the exemption is necessary ``to prevent an undue economic 
burden on the unit of government,'' and 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.''
    Earlier this year, the FAA announced that it would reconsider 
whether public aircraft status is lost when one government 
reimburses another for the use of its aircraft. The FAA invited 
comments from interested parties. See 59 FR 39192 (August 1, 1994). 
With Congress' passage of the new law, however, this point has been 
clarified. Now, if there is such reimbursement, the aircraft will be 
civil aircraft unless the appropriate unit of government certifies 
``that the 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.''
    If you have questions about how the new law might affect your 
operations, you may contact Dave Catey, AFS-220, [phone]. We 
would appreciate any assistance you can provide in getting this 
information to other persons or organizations that may be affected 
by the change of law.

    Issued this 3rd day of November, 1994.
David R. Hinson,
Administrator, Federal Aviation Administration.
[FR Doc. 94-30006 Filed 12-6-94; 8:45am]
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