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 enhance 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 Standards 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 experimental 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 to 
2

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 carrying 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 and 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