March 8, 2012

Mr. Paul A. van den Heuvel

1189 Prides Run Lake in the Hills, IL 60156

Dear Mr. van den Huevel:

This is in response to your December 12, 2011 letter (FAA Docket No. FAA-2011-1394) petitioning the Federal Aviation Administration for an exemption from § 91.319(a)(2). The proposed exemption, if granted, would allow you to operate an experimental exhibition category MiG-21 aircraft; registration N711MG, for the purpose of carrying persons or property for compensation or hire.

Your letter specifically states that you wish to be compensated for flight training you plan to provide in your experimental aircraft to enha nce the training of Test Pilot and Engineering

Candidates for the Canadian Test Pilot School (ITPS, Ltd.). This training would involve operations in the United States, Canada and areas that extend beyond the Contiguous U.S. Air Defense Identification Zone (ADIZ). You reference similarities to the Stallion 51 Corporation (exemption 8593) which allows them to receive compensation for flight training and testing of airman in their TF-51 Mustang. Additionally, you wish to be compensated for operating your aircraft during the filming of an upcoming movie.

Our review of your petition indicates that your proposed operations may be allowable via means other than an exemption to § 91.319(a)(2).

You can apply to your local FAA Flight Standard s District Office (FSDO) to receive a Letter of Deviation Authority (LODA) for your proposed training operations in an Experimental aircraft within the United States. Section 91.319(h) permits the Federal Aviation Administration (FAA) to issue a LODA to an applicant for the purpose of conducting flight training when the aircraft intended to be used will not be operated for a purpose for which its certificate was issued, or when the aircraft will be used to carry persons or property for compensation or hire. Issuance of a LODA permits the LODA holder to provide flight training for compensation or hire in an e xperimental aircraft which the LODA holder provides. FAA Order 8900.1, Volume 3, Chapter 11, Section 1, Use of Aircraft Issued Experimental Certificates in Flight Training for Compensation or Hire, provides information pertaining to this Deviation process. Additionally, issuance of a LODA may allow you to2 conduct flight training elsewhere (within the U.S. ), if an application package is submitted to the FSDO in the district in which the training will take place.

For operations in Canada, you must comply with all Transport Canada and any other Canadian requirements for the particular operations you propose. Furthermore, such operations would be beyond the scope of a U.S. issued exemption. Additionally, operations beyond the Contiguous U.S. ADIZ would also be beyond the scope of a U.S. issued exemption.

With reference to your petition for exemption: Section 11.81 titled “What information must I include in my petition for an exemption?” states, in part, that the petitioner must provide reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole. Also, the reasons why granting the exemption would not adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption. Your petition does not address these two points. In addition, you site a dissimilar exemption as a basis for your petition. Exemption 8593 applies to two North American TF-51 airplanes certificated as limited category civil aircraft which allows them to provide initial and recurrent training under contract with the U.S. military. More importantly, this is an exemption from § 91.315 not § 91.319(a)(2).

As far as being compensated for operating your aircraft during the filming of an upcoming movie: If the operation does not involve carry ing persons or property for compensation or hire then, you may apply for a Certificate of Waiver for Motion Picture and Television Filming. Check with the local FSDO having jurisdiction for the specific location and submit an application to that office. FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Issue a

Certificate of Waiver for Motion Picture a nd Television Filming, provides information on this waiver process.

In summary, the operations you propose should be submitted to your local FSDO for consideration as a LODA or Waiver, as appropriate, for the type of operation desired. Accordingly, no further action will be taken on your petition.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure