[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Notices]
[Pages 20142-20149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10052]



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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[AC No. 1-1]


Advisory Circular on Government-Owned Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Advisory Circular.

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SUMMARY: Advisory Circular (AC) 1-1, Government Owned Aircraft provides 
guidance on whether particular government-owned aircraft operations are 
public aircraft operations or civil aircraft operations under the new 
statutory definition of ``public aircraft.'' This Advisory Circular 
contains the [[Page 20143]] FAA's interpretation of key terms in the 
new statutory definition. For operations that have lost public aircraft 
status under the new law, this Advisory Circular 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 Advisory Circular provides acceptable, 
but not exclusive, means of complying with the law.

DATES: This Advisory Circular is effective on April 19, 1995.

FOR FURTHER INFORMATION CONTACT:
David Catey, Air Carrier Branch (AFS-220), (202) 267-8094, 800 
Independence Avenue SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION: The guidance in this AC provides one method, 
but not the only method of complying with the new definition of public 
aircraft as defined 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 in order to allow expedient access to the document by 
the general public.

    Issued in Washington, DC on April 19, 1995.
William J. White,
Acting Director, Flight Standards Service.

Advisory Circular

Subject: Government Aircraft Operations
Date: 4/19/95
Initiated by:
AC No: 00-1.1
Change:

    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. Agencies which conduct public aircraft operations are 
encouraged to comply with the Federal Aviation Regulations (FAR), 
even when they are not required to do so. They and the flying public 
will benefit from their voluntary adherence to the enhanced safety 
standards set out in the regulations. The FAA will continue to 
provide assistance to public agencies which seek to voluntarily 
comply with the regulatory requirements.
    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 Resources Management.''
    (7) ``Other Governmental Functions--Examples.''
    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 with No Previous FAA Type Certification.''
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 an increasing 
interest in matters involving operations of public aircraft, which 
are generally exempt from compliance with the Federal Aviation 
Regulations.
    (1) One area of interest is related to government agencies' 
receipt of reimbursement for their operation of government-owned 
aircraft. Prior to the enactment of the Public Law 103-411, the 
Independent Safety Board Act Amendments of 1994, ``public aircraft'' 
was defined to exclude ``any government-owned aircraft engaged in 
carrying persons or property for commercial purposes.'' (P.L. 100-
223, 1987). The FAA's long-standing interpretation has been that, 
where there is a receipt of compensation, such an operation is ``for 
commercial purposes'' and that such an operation therefore is not a 
public aircraft operation. This interpretation has been applied to 
intergovernmental arrangements wherein one government agency 
receives compensation for providing aircraft services to another 
government agency. Such services may be provided for firefighting, 
search and rescue or other governmental functions. Many government 
operators objected to the FAA's interpretation, claiming that such 
an interpretation impeded their governmental missions. They urged 
that it was impractical or impossible to obtain the services 
commercially, and that it was too costly to conduct their operations 
under the Federal Aviation Regulations as civil aircraft.
    (2) On October 9, 1994, Congress passed the Independent Safety 
Board Act Amendments, Pub. L. 103-411, which changed the definition 
of the term ``public [[Page 20144]] aircraft.'' The law was signed 
by President Clinton on October 25, 1994.
    (3) On January 26, 1995, the proposed advisory circular on 
Government Aircraft Operations was published in the Federal 
Register. 60 FR 5237. The proposed advisory circular set forth the 
FAA's understanding of the terms set forth in the new statute and 
the agency's intended application of those terms. The proposed 
advisory circular requested comments from affected parties on the 
positions taken by the FAA.
    (4) Between January 26 and the current date, the FAA received 
and considered numerous comments from federal, state, and local 
governmental organizations as well as from representatives of 
private aircraft operators. Additionally, the FAA received an 
opinion of the Office of Legal Counsel, United States Department of 
Justice. That opinion, dated March 31, 1995, addresses whether the 
transport of prisoners on government aircraft falls within the 
statutory definition of ``public aircraft.'' The opinion advised 
that the position taken by the FAA in the proposed advisory circular 
regarding the transport of prisoners was unnecessarily restrictive. 
It discusses generally the terms used in that section of the statute 
which relate to the transporting of passengers in government-owned 
aircraft and advises that those terms would more appropriately be 
given a slightly broader interpretation than that in the proposed 
advisory circular. The FAA has modified its position to accord with 
the legal direction received.
    b. Legislative History. The general purpose of the new law, as 
reflected in the legislative history, is to extend FAA regulatory 
oversight to some government aircraft operations. In part, Congress 
determined that government-owned aircraft, which operate for 
commercial purposes or engage in transport of passengers, should be 
subject to the regulations applicable to civil aircraft. The new law 
(with certain exceptions) preserved as public aircraft operations, 
those relating to the performance of certain governmental functions 
and, further, allowed public agencies to receive reimbursement from 
other public agencies for some operations conducted in response to 
significant and imminent threats. The FAA was also authorized to 
grant exemptions for operations whose status had changed as a result 
of the new law.
    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--
    (A) 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
    (B) 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 or civil in nature. Example: An 
aircraft owned by a state government is used in the morning for a 
search and rescue mission. During the search and rescue operation, 
the aircraft is a public aircraft. Later that same day, however, the 
aircraft is used to fly the governor of the state from one meeting 
to another. At that time, the aircraft loses its public aircraft 
status and must be operated as a civil aircraft.
    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.'' The FAA has consistently taken 
the position that this term means ``for compensation or hire''. The 
test historically applied to determine whether an operation is for 
``compensation or hire'' is whether the operator receives direct or 
indirect payment for the operation. It is not necessary that a 
flight be conducted for profit to constitute an operation for 
``compensation or hire,'' the term may be applicable even where 
there is no intent or ability to make a profit from the flight. Even 
where there is only cost-reimbursement from a unit of one government 
to a unit of another for the operation of an aircraft, such 
reimbursement constitutes ``compensation.'' Accordingly, operations 
conducted pursuant to cost-reimbursement arrangements between units 
of government are considered to be ``for commercial purposes.'' The 
new statute provides a limited exception allowing for public 
aircraft status where the unit of government on whose behalf the 
operation is conducted 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. By providing this limited exception, Congress 
clearly recognized that operations conducted pursuant to cost-
reimbursement agreements are to be considered ``for commercial 
purposes.'' Generally, a transfer of funds by one element of 
government to another element within that same government will not 
be treated as compensation. Operations conducted pursuant to those 
arrangements are not considered ``for commercial purposes'' where 
the reimbursement is essentially an accounting of transactions 
within the same unit of government.
    (1) One state agency reimburses another agency of the same state 
for conducting operations on its behalf using a state-owned 
aircraft. If the two 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 the former's behalf using state-owned 
aircraft. Such an operation is considered to be ``for commercial 
purposes.'' Generally, this operation would be a civil aircraft 
operation, unless the federal agency certified 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. 
In that case, the operation would be considered a public aircraft 
operation.
    b. ``Whose Presence is Required to Perform.'' This phrase means 
that the person is aboard the aircraft for the purpose of performing 
a task or duty directly related to an ongoing governmental function 
of the sort enumerated in the statute. It indicates that the 
person's presence is essential to the performance of that function.
    (1) Examples:
    (i) Firefighters who are being transported for the purpose of 
engaging in a current firefighting activity are considered persons 
whose presence is essential for the performance of that activity. 
The transport of firefighters directly to a firefront by aircraft as 
part of a mission for which the use of an aircraft is necessary 
would constitute an accepted activity. Similarly, the transport of 
firefighters to a base camp by aircraft where they are to be 
dispersed to the firefront may be viewed in the same manner.
    (ii) Officials who are conducting law enforcement operations 
while in an aircraft would be considered as being required for the 
performance of that governmental function. Thus, the carriage of law 
enforcement personnel performing aerial surveillance would be 
considered as necessary to perform the law enforcement function. So 
too, might officials who are being transported for the purpose of 
engaging in a law enforcement activity. For example, the carriage of 
officers to the scene of a public disturbance for the purpose of 
[[Page 20145]] performing riot control duty on the ground would also 
be included if the effectiveness of riot control would be 
compromised by inability to use the aircraft. The movement of law 
enforcement personnel for administrative purposes would not be 
considered necessary for the performance of an excepted government 
function.
    (iii) Persons engaging in search and rescue operations from an 
aircraft would be considered necessary for the performance of the 
governmental function. Also included would be persons who are being 
carried to a remote search area from which they would conduct ground 
search and rescue operations, provided that the use of the aircraft 
is necessary for the performance of that mission.
    (iv) Persons on board aircraft conducting aeronautical research 
who are engaged in the airborne gathering of data or information are 
necessary for performance of the governmental function.
    (v) Persons on board an aircraft that is engaged in biological 
and geological resource management would be included, so long as 
they perform biological and geological resource management-related 
duties on the aircraft. Also included would be persons carried to a 
location from which they would engage in an ongoing operation or 
mission.
    c. ``Associated with the Performance of.'' This clause operates 
to include persons who, while not directly engaged in performing the 
governmental function, are present on the aircraft in connection 
with that function.
    (1) Examples:
    (i) An official who accompanies firefighters to a fire to 
oversee or assess the success of the operation and/or the need to 
commit further resources to the fire fight would be associated with 
the performance of the governmental function.
    (ii) A ground crew that accompanies a weather research aircraft 
to the theater of operations for the purpose of maintaining the 
aircraft and equipment would be associated with the performance of 
the governmental function.
    (iii) Prisoners who are being transported aboard an aircraft are 
associated with the performance of a law enforcement function.
    (iv) Persons who are rescued during a search and rescue 
operation are associated with that function. Also included are 
members of a ground rescue party which assists in the search and 
rescue operation.
    d. ``Governmental Function Such As. . .'' The term ``such as,'' 
when used 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 and that the 
exception may apply to other governmental functions as well. 
However, the exception is limited to those other governmental 
functions that are comparable to and consistent with the listed 
functions. The unifying characteristic shared by the governmental 
functions listed in the statute is that they each involve the 
carriage of persons as part of a mission for which the use of an 
aircraft is necessary. Thus, it is not sufficient to merely show 
that the passengers are being transported to perform one of the 
functions listed in the statute; the use of the aircraft must be 
necessary for the performance of the mission. The aircraft would be 
necessary for the performance of a mission if the inability to use 
the aircraft would compromise the effectiveness of that mission.
    (1) Examples:
    (i) The use of an aircraft for administrative travel, such as to 
attend meetings or make speeches, would not be considered for the 
performance of a listed or comparable governmental mission. Such an 
operation would not qualify for the exception.
    (ii) Training flights would be included if the persons on board 
are being trained on the aircraft to perform one of the functions 
listed in the statute. Flights to transport persons to receive 
ground training would not be included.
    (2) ``Firefighting.'' This term includes the dispensing of water 
or fire retardants on a fire. It also includes the transport of 
firefighters and equipment to a fire or to a base camp from which 
they would be dispersed to conduct the firefighting activities.
    (3) ``Search and Rescue.'' This term is commonly used to mean 
operations conducted to locate and rescue persons who are lost, 
injured, and/or exposed to some degree of danger or harm. Generally, 
the use of an aircraft is indispensable to the search effort or is 
the only feasible means of recovering the victim. Persons rescued 
would be considered ``associated with'' the activity.
    (4) ``Law Enforcement.'' Operations requiring the use of an 
aircraft, such as aerial surveillance, fugitive apprehension, and 
riot control could be included. Also included would be other 
situations where the use of an aircraft is essential for the 
performance of an ongoing law enforcement mission. For instance, 
deployment of SWAT teams to the theater of operations by aircraft 
would be included when the use of an aircraft is essential for the 
successful performance of the mission.
    (5) ``Aeronautical Research.'' This term would include flights 
to measure the performance of aircraft or aeronautical components. 
It would also include atmospheric research, meteorological 
observation and airborne astronomy.
    (6) ``Biological and Geological Resource Management.'' This term 
would include operations which require the use of an aircraft for 
the successful performance of the mission. For example, counting 
wildlife from an aircraft would be included.
    (7) ``Other Governmental Functions--Examples:''
    (i) Medical evacuation. While this term is not considered 
synonymous with ``search and rescue,'' it may be an included 
governmental function, depending on the particular circumstances of 
the operation. Again, the use of an aircraft must be essential to 
the successful performance of the mission. It is unlikely that the 
use of an aircraft would be essential for a medical evacuation 
operation in an urban area where other means of transportation are 
routinely available.
    (ii) Aerial Survey. Operations conducted to assure compliance 
with state or local laws or codes are included if the inability to 
use an aircraft would compromise the effectiveness of the mission. 
Examples:
    (A) The identification of environmental polluters would be 
included if the use of an aircraft was necessary to locate the 
offenders.
    (B) Aerial patrol of nuclear test sites to deter or locate 
trespassers would be included.
    e. ``Cost-Reimbursement Agreement.'' This term means any 
agreement, oral or written, providing for reimbursement of all or 
part of the costs of an aircraft operation. Any charge or payment in 
excess of the cost of the operation would not constitute a cost-
reimbursement agreement.
    f. ``Unit of Government.'' This term means a government body. 
Generally, the singular characteristic of a unit of government in 
this context is its common treasury. Reimbursement for flight 
operations between two elements of the same unit of government would 
not be considered an operation for ``compensation or hire.'' 
However, the receipt of reimbursement for a flight operation from an 
element of one unit of government to an element of a separate unit 
of government would constitute an operation ``for commercial 
purposes.'' Such operation would be considered a civil aircraft 
operation, except when the government unit, which receives the 
benefit of the operation, certifies that there is a significant and 
immediate threat to life or property and that not private operator 
is reasonably available.
    g. ``Certifies.'' The certification that there is a significant 
and immediate threat to life or property and that no private 
operator is reasonably available should be made by the unit of 
government on whose behalf the operation is conducted. Without the 
certification, the unit of government who receives reimbursement for 
conducting the operation will be assumed to have conducted the 
operation ``for commercial purposes.'' Such an operation will be 
considered a civil aircraft operation and may require compliance 
with FAR Part 121, 125, 133, 135, or 137.
    (1) The certification should include: the date of the operation, 
a description of the flight operation conducted, a description of 
the significant or immediate threat, and an explanation of why it 
was determined that no service by a private operator was reasonably 
available.
    (2) The certification is the responsibility of the unit of 
government which provides the flight operations. It is suggested 
that the certification be completed contemporaneously with the 
operation and be retained by the unit of government which operated 
the aircraft.
    h. ``Significant and Imminent Threat.'' This term refers to a 
situation where the public agency responsible for responding to a 
threat has determined that serious injury or death, or significant 
damage to property (including natural resources) is present. The 
agency must also determine that the use of an aircraft is necessary 
to respond to the threat.
    i. ``No Service by a Private Operator was Reasonably 
Available.'' This term means that the public agency responsible for 
responding to a threat has reasonably determined that, at 
[[Page 20146]] the time of the response, no private operator was 
available and capable of responding to the threat in a timely 
manner.

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 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 determine whether it is FAR Part 121 or 135 that applies to a 
particular operation. The FSDO 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 
agricultual 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 that country.
    c. Foreign Aircraft. Foreign aircraft may be operated in the 
U.S. by pilots who have in [[Page 20147]] 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 Flights 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 Sec. 91.203(c). An airworthiness 
certificate is effective as long as the maintenance, preventative 
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 
Sec. 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 Sec. 91.409(d).
    (ii) Large airplanes, turobjet multiengine airplanes, 
turbopropeller-powered multiengine airplanes, and turbine-powered 
rotorcraft must have a program approved that meets the requirements 
of FAR Sec. 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, preventative 
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 Part 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 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 may be 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 or 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 [[Page 20148]] standards of FAR 
Secs. 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 exist 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 Secs. 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 Sec. 21.183(d)(2), 
which provides for a 100-hour inspection, as described in FAR 
Sec. 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 Sec. 21.35 and 21.191(b). The 
flight test must be recorded in the aircraft records in accordance 
with FAR Sec. 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 multiengined 
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 Statutory 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. The above 
provision authorizes such exemptions only for operations whose 
status has changed as a result of the revised definition of public 
aircraft. This authorization does not apply to operations conducted 
for commercial purposes, in as much as they were considered civil 
aircraft operations under both the original and revised definitions.

    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).
    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 
were granted.
    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. 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 with No Previous FAA Type Certification. It may be 
difficult for units of government to show that, for aircraft having 
no previous FAA type certification, e.g., military surplus aircraft, 
they 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 make the 
``effective and appropriate aviation safety program'' finding, the 
FAA must be assured that the safety of the aircraft in question is 
comparable to that provided by the FAR. Aircraft that have no 
history of civil [[Page 20149]] certification often present 
significant ``unknowns'' when it comes to such critical safety 
matters as life-limited parts and aircraft design. Thus, such 
aircraft often do not have the basis on which to build an aviation 
safety program that is effective and appropriate to ensure safe 
operations. A unit of government developing a proposal for an 
aviation safety program may find the information below helpful:
    (1) 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 Sec. 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.
    (2) 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 Secs. 91.409 (e) and (f).
    (i) For one of the four inspection program options, that 
identified in FAR Sec. 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, Sec. 91.409(f).
    (ii) For the other three inspection options outlined in FAR 
Secs. 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.
    (iii) 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 Sec. 91.409(g)(1), is 
the scope and detail developed by the applicable military service.
    (iv) 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 Sec. 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.
    (v) 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 
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.
    (vi) 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.
    (vii) Revisions to an operator's existing approved inspection 
program can be requested by the Administrator in accordance with FAR 
Sec. 91.415.
    (3) 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 Secs. 43.5 and 43.7.
    (4) 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 Sec. 11.25--contains the procedures to be 
followed by a unit of government seeking any kind of exemption. The 
petition for exemption should be submitted in duplicate to the Rules 
Docket (AGC-10), Federal Aviation Administration, 800 Independence 
Avenue, SW., 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 statutory 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, or analysis 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. Individuals drafting 
a petition for exemption on behalf of a unit of government should 
familiarize themselves with FAR Part 11.

[FR Doc. 95-10052 Filed 4-19-95; 3:14 pm]
BILLING CODE 4910-13-M