Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 16239 

agency, or instrumentality of the United 

States Government with the approval of 

the FAA, or by an exemption issued by 

the Administrator. The FAA will 

process requests for approval or 

exemption in a timely manner, with an 

order of preference first for those 

operations in support of U.S. 

government-sponsored activities, 

second for those operations in support 

of government-sponsored activities of 

another State with the support of a U.S. 

government agency, and third for all 

other operations. 

(2) Flight operations are coordinated 

with any mechanism established by 

paragraph 8 of U.N. Security Council 

Resolution 1973 (2011). 

(d) Emergency situations. In an 

emergency that requires immediate 

decision and action for the safety of the 

flight, the pilot in command of an 

aircraft may deviate from this section to 

the extent required by that emergency. 

Except for U.S. air carriers and 

commercial operators that are subject to 

the requirements of 14 CFR parts 119, 

121, 125, or 135, each person who 

deviates from this section must, within 

10 days of the deviation, excluding 

Saturdays, Sundays, and Federal 

holidays, submit to the nearest FAA 

Flight Standards District Office a 

complete report of the operations of the 

aircraft involved in the deviation, 

including a description of the deviation 

and the reasons for it. 

(e) Expiration. This Special Federal 

Aviation Regulation will remain in 

effect for 3 years from the effective date. 

The FAA may amend, rescind, or extend 

this Special Federal Aviation Regulation 

as necessary. 

Issued in Washington, DC on March 20, 

2011. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2011–6942 Filed 3–21–11; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91 and 119 

Moratorium on New Exemptions for 

Passenger Carrying Operations 

Conducted for Compensation and Hire 

in Other Than Standard Category 

Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Policy statement. 

SUMMARY: This document announces a 

temporary moratorium on new requests, 

or changes to exemptions from certain 

sections of Title 14, Code of Federal 

Regulations (14 CFR) for the purpose of 

carrying passengers for compensation or 

hire on Living History Flight 

Experiences (LHFE). It explains the 

history of these exemptions and the 

reason for the temporary moratorium. 

DATES: This moratorium becomes 

effective on March 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Stinchcomb, General Aviation 

and Commercial Division, General 

Aviation Operations Branch (AFS–830), 

Flight Standards Service, FAA, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8212. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1996, the FAA granted an 

exemption from various requirements of 

part 91 and part 119 to an aviation 

museum/foundation allowing the 

exemption holder to operate a large, 

crew-served, piston-powered, 

multiengine, World War II (WWII) 

bomber carrying passengers for the 

purpose of preserving U.S. military 

aviation history. In return for donations, 

the contributors would receive a local 

flight in the restored bomber. Without 

these contributions, the petitioner 

asserted that the cost of operating and 

maintaining the airplane would be 

prohibitive. 

The FAA determined that these 

airplanes were operated under a limited 

and experimental category 

airworthiness certificate. Without type 

certification under Title 14 Code of 

Federal Regulations (14 CFR) § 21.27, 

they are not eligible for standard 

airworthiness certificates. The high cost 

of type certification under § 21.27 makes 

this avenue impractical for operators 

providing living history flights. 

Comparable airplanes manufactured 

under a standard airworthiness 

certificate did not exist. Thus, the FAA 

determined that an exemption was an 

appropriate way to preserve aviation 

history and keep the airplanes 

operational. In granting the exemption, 

the FAA found there was an 

overwhelming public interest in 

preserving U.S. aviation history, just as 

the preservation of historic buildings, 

historic landmarks, and historic 

neighborhoods have been determined to 

be in the public interest. While aviation 

history can be represented in static 

displays in museums, in the same way 

historic landmarks could be represented 

in a museum, the public has shown 

support for and a desire to have these 

historic aircraft maintained and 

operated to allow them to experience 

flight in these aircraft. 

A 2004 policy explicitly limited the 

scope of LHFE exemptions to WWII or 

earlier vintage airplanes. The reasons 

enumerated in the statement addressed 

both public interest (e.g. the unique 

opportunity to experience flight in a B– 

17 or B–24 while such aircraft can still 

be safely maintained) and public safety 

(i.e. older and slower multiengine 

airplanes allow time for appropriate 

corrective measures in the event of an 

in-flight emergency and such crews 

must meet FAA qualifications and 

training requirements). The FAA stated 

that the agency did not believe it 

prudent to grant exemptions from the 

FAA regulations to operators of 

supersonic jets. 

In response to numerous requests to 

expand the scope of the exemptions, the 

FAA requested comments on a proposed 

policy in 2006, and subsequently 

published a new policy on October 9, 

2007 (72 FR 57196). 

The 2007 policy statement agreed to 

consider any request for exemption for 

passenger-carrying flights in nonstandard category aircraft, especially 

former military turbine-engine-powered 

aircraft, on a case-by-case basis. For 

petitioners intending to operate 

experimental exhibition, surplus foreign 

or domestic aircraft, and/or turbojet or 

turbine-powered aircraft, it stated that 

the FAA would closely examine the 

proposed operation with respect to 

safety of flight, passenger safety 

considerations, and safety of the nonparticipating public during the 

operational period and within the 

operational area before approving a 

LHFE exemption. Other criteria 

included passenger/crew egress, 

emergency egress systems such as 

ejection seats, documentation or 

statistical make and model operational 

history, historical significance of the 

particular aircraft, maintenance history, 

operational failure modes, and aging 

aircraft factors. The 2007 policy also 

observed that some of the aircraft in 

question are complex in nature, 

requiring special skills to operate safely, 

and that military equipment such as 

ejection seat systems can pose 

additional risk to aircraft occupants, 

ground personnel, and non-participating 

bystanders on the ground. 

Also in the 2007 statement, the FAA 

cautioned that those requesting an 

exemption from a particular standard or 

set of standards must demonstrate that 

(1) there is an overriding public interest 

in providing a financial means for a 

non-profit organization to continue to 

preserve and operate these historic 

aircraft, and (2) adequate measures 


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16240 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Rules and Regulations 

(including all conditions and limitations 

stipulated in the exemption) will be 

taken to ensure safety. The FAA further 

stated that ‘‘operations authorized under 

these exemptions are specifically not air 

tour, sightseeing, or air carrier 

operations’’ and that the agency ‘‘in 

determining the public interest derived 

in any grant of exemption of this nature, 

will take into consideration the number 

of existing operational aircraft and 

petitioners available to provide the 

historic service to the public.’’ 

Consistent with the 2007 policy 

statement, the FAA has accommodated 

several industry requests to allow 

operation of more modern-day military 

jet aircraft (e.g., the McDonnell Douglas 

F–4 Phantom and the McDonnellDouglas A–4 Skyhawk) under the LHFE 

policy. To ensure safety, there are over 

45 conditions and limitations the 

exemption holder must comply with in 

order to operate under the provisions of 

the exemption. The FAA has found, 

however, that operators have sometimes 

misinterpreted these conditions and 

limitations as permitting operations that 

the FAA did not contemplate or intend. 

FAA Policy 

The evolution of LHFE operations in 

the private sector, along with 

availability of newer and more capable 

former military aircraft, has raised 

public safety and public policy concerns 

that the FAA needs to assess. 

Accordingly, the FAA is placing a 

moratorium on the issuance of any new 

LHFE exemptions, including addition of 

new aircraft to current exemptions. 

Current LHFE exemption holders can 

continue to operate under their current 

exemption. If the exemption is due to 

expire during the moratorium, the FAA 

will accept and process petitions to 

extend current exemptions in 

accordance with the established 

regulatory exemption process. If a 

change is required (i.e. removal of an 

aircraft) the FAA will accept these 

changes in accordance with the 

regulatory processes. Additionally, 

during the moratorium, as petitioners 

request extensions to their LHFE 

exemption, the FAA will add the 

following clarifying limitations to all 

LHFE exemptions to ensure consistent 

application of current LHFE policy: 1. 

Passengers are prohibited from 

manipulating the aircraft flight controls 

when the aircraft is operated under the 

LHFE exemption, and 2. No aerobatics 

may be performed in the aircraft while 

operating under the LHFE exemption. 

Finally, the FAA will begin its 

evaluation of the current LHFE 

exemption policies and practices, to 

include evaluation of safety to the 

paying members of the public who have 

an expectation of aircraft safety and who 

may not understand the inherent risks 

associated with such flight. The FAA 

expects to publish a new proposed 

LHFE policy for comment on or before 

September 30, 2012. 

Issued in Washington, DC, on March 15, 

2011. 

John W. McGraw, 

Acting Director, Flight Standards Service. 

[FR Doc. 2011–6712 Filed 3–22–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM10–15–000; Order No. 748] 

Mandatory Reliability Standards for 

Interconnection Reliability Operating 

Limits 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: Under section 215 of the 

Federal Power Act, the Federal Energy 

Regulatory Commission (Commission) 

approves three new Interconnection 

Reliability Operations and Coordination 

Reliability Standards and seven revised 

Reliability Standards related to 

Emergency Preparedness and 

Operations, Interconnection Reliability 

Operations and Coordination, and 

Transmission Operations. These 

Reliability Standards were submitted to 

the Commission for approval by the 

North American Electric Reliability 

Corporation (NERC), which the 

Commission has certified as the Electric 

Reliability Organization responsible for 

developing and enforcing mandatory 

Reliability Standards. The Reliability 

Standards were designed to prevent 

instability, uncontrolled separation, or 

cascading outages that adversely impact 

the reliability of the interconnection by 

ensuring that the reliability coordinator 

has the data necessary to assess its 

reliability coordinator area during the 

operations horizon and that it takes 

prompt action to prevent or mitigate 

instances of exceeding Interconnection 

Reliability. 

Operating Limits. The Commission 

also approves the addition of two new 

terms to the NERC Glossary of Terms. 

In addition, the Commission approves 

NERC’s proposed revisions to Reliability 

Standards EOP–001–1, IRO–002–2, 

IRO–004–2, IRO–005–3, TOP–003–1, 

TOP–005–2, and TOP–006–2, which 

remove requirements for the reliability 

coordinator to monitor and analyze 

system operating limits other than 

interconnection reliability operating 

limits. 

DATES: Effective Date: This Rule will 

become effective May 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Darrell Piatt (Technical Information), 

Office of Electric Reliability, Division of 

Reliability Standards, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

Telephone: (202) 502–6687. 

A. Cory Lankford (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

Telephone: (202) 502–6711. 

William Edwards (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426. 

Telephone: (202) 502–6669. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

Paragraph 

Nos. 

I. Background ............................................................................................................................................................................................ 3 

A. Mandatory Reliability Standards .......................................................................................................................................... 3 

B. Order No. 693 Directives ...................................................................................................................................................... 4 

C. NERC Petition ........................................................................................................................................................................ 7 

1. IRO–008–1 ................................................................................................................................................................ 11 

2. IRO–009–1 ................................................................................................................................................................ 15 

3. IRO–010–1a .............................................................................................................................................................. 16 

D. Notice of Proposed Rulemaking ........................................................................................................................................... 18 

II. Discussion ............................................................................................................................................................................................ 21 

A. Division of Responsibilities for SOLs and IROLs ............................................................................................................... 22 


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