U.S. Department of Transportation Federal Aviation Administration 

# Advisory Circular

Subject: Public Aircraft Operations Date: DRAFT
Initiated by: AFS-800 AC No: 00-1.1A Change:

1. PURPOSE. This advisory circular (AC) provi des guidance in determining whether government or government-contracte d aircraft operations conducte d within the territory of the United States are public or civil aircraft opera tions under the statutory definition of “public aircraft,” embodied in Title 49 of the United States Code (49 U.S.C. ) §§ 40102(a)(41) and 40125 (the statute). Additionally, this AC contains Federal Aviation Admi nistration (FAA) policy pertaining to civil aircraft opera tors that provide contract sup port to government entities. The intent of this material is to better define the responsibilities of the parties to these contracts. This AC is not mandatory and does not constitute a regulation. Nothing in this AC changes the requirement to comply with the statute.

2. APPLICABILITY. This AC provides information for any person who engages in public aircraft operations (PAO) as defined by the statute.

3. REFERENCES. Title 49 U.S.C. §§ 40102(a)(41) and 40125.

4. RELATED MATERIAL (current editions).

 AC 120-16, Air Carrier Main tenance Programs; and

 Title 14 of the Code of Federal Regulations (14 CFR).

5. CANCELLATIONS. This AC cancels AC 00-1.1, Governme nt Aircraft Operations, dated April 19, 1995.

6. BACKGROUND.

a. Statutory Criteria. PAOs are limited by the statute to certain government operations within U.S. airspace. Although these operations mu st continue to comply with certain general operating rules, including those applicable to all aircraft in the National Airspace System (NAS), other civil certification and safety oversightregulations do not appl y to these operations. Accordingly, most aspects of PAOs are not subject to FAA oversight.

b. Considerations. Whether an operation may be considered public is determined on a flight-by-flight basis, under th e terms of the statute. The cons iderations when determining PAO are aircraft ownership, the operator, the purpos e of the flight, and the persons on board the aircraft.AC 00-1.1A DRAFT DATE

Page 2 Par c. Civil Aircraft Operation. Any operation that does not meet the statutory criteria for a PAO is a civil aircraft operation and must be conducted in accordance wi th all FAA regulations applicable to the operation. The public aircraft st atute sets forth criteria to determine whether a government operation qualifies as a PAO.

d. Statutory Provisions. Title 49 U.S.C. § 40102(a)(41) provides the definition of “Public Aircraft” and § 40125 provides the qualifications for public airc raft status. These statutory provisions provide the legal basis for operation of public aircraft in the United States (refer to Appendix 1, Public Aircraft Stat ute)..The FAA recognizes that th ese statutory provisions may be difficult to apply to aircraft operations conducte d by civil contractors fo r government entities. This AC reiterates the FAA’s policy for civil op erators contracting with government entities and defines the responsibilities of the pa rties affected by these contracts.

e. Format. We are presenting the material in this AC in the format of frequently asked questions regarding PAO. We are also includ ing some simplified flow charts to aid in determining whether certain operations qualify as PAO.

7. PUBLIC AIRCRAFT OPERATIONS, GENERAL.

a. What Aircraft are Considered Public Aircraft? Public aircraft are defined in 49 U.S.C. § 40102(a)(41) (refer to Appendix 1).

b. Are All Operations by Governme nt Entities Considered PAOs? Not necessarily; the statute restricts PAOs to those that do not have a commercial purpose a nd, where applicable, to flights with certain persons on board. A govern ment entity may inadvertently conduct civil operations subject to the regulati ons in 14 CFR. All government entities are advised to become acquainted with the basics of the statutory requirements.

c. What Circumstances Enter Into the Determination of a PAO? The statute includes provisions on aircraft ownershi p, the entity operating the aircra ft, the persons on board, and the purpose of the flight to determin e whether operations are public or civil. At no time may a public operation have a commercial purpose. Reimbursement for PAO is strictly limited to one set of circumstances defined in the statute (refer to 49 U.S.C. § 40125(a)(1)).

d. Are All Operations by the Armed Forces PAO? Not necessarily; the U.S. military is covered under a separate paragraph of the statut e (49 U.S.C. § 40125(c)) to include much of its routine operation. Separate provisio ns in that paragraph determine the status of certain operations performed by civil contractors that require a determination by the Secretary of Defense.

e. What Oversight of PAOs Does the FAA Have? The FAA has limited oversight of PAOs, though such operations must continue to comply with the regulations applicable to all aircraft in the NAS. The government entity condu cting the PAO is responsible for oversight of the operation, including aircraft airworthiness and any operati onal requirements imposed by the government entity.

f. Does the FAA Prescribe Regulations for PAOs? No, the FAA has no regulatory authority over PAOs other than those requirement s that apply to all ai rcraft operating in the NAS.DATE DRAFT AC 00-1.1A

Par Page 3 g. Which Regulations in 14 CFR Do Not Apply to PAOs? In general, regulations that include the term “civil aircraft” in their appli cability do not apply to PAOs (i.e., part 91 § 91.7, Civil Aircraft Airworthiness).

h. What Is a “State” Aircraft? In the context of the International Civil Aviation Organization, (ICAO) “State” means a member c ountry of ICAO. Article 3 of the Chicago Convention presents the concept of “state aircraft ” for a special legal regime outside the scope of the Convention; Article 3 does not give a definition of the term “S tate Aircraft.” Article 3(b) specifies that, “aircraft used in military, customs, and police services shall be deemed to be state aircraft.” Since many other types of aircraft and associated missi ons are involved in activities of a “state” (country) such as the Coast Guard, scie ntific research and development, search and rescue, medical services, mapping and geological survey services, disaster relief, and VIP and government transport, the statement given in Ar ticle 3(b) of the Chi cago Convention cannot be taken as a comprehensive definiti on of State aircraft operations. For purpose s of U.S. aircraft operations, a designation of State ai rcraft must be made by the United States Department of State (DOS), and is separate from domestic PAOs.

i. Can I Conduct a PAO Outside of the United States? No, public aircraft status exists only within U.S. airspace. Once an aircraft leaves U.S. airspace, it loses its PAO status and is either civil, State, or military, depending on it s official designation. The FAA does not have the authority to issue State or military aircraft desi gnations. Without an official U.S. Government designation, all aircraft ar e considered civil.

j. Can I Carry Passengers On an Aircraft That Is Conducting a PAO? All persons carried on board must be crewmembers or m eet the statutory definition of “qualified non-crewmember” (refer to Appendix 1, 49 U.S.C. § 40125(a)(3)). Carriage of a person other than a crewmember or a qualified non-crewmember makes a flight civil under the terms of the statute. It is important to not e that a qualified non-crewmember is someone whose presence is required to perform the governmental function associated with the flight; providing air transportation is not a governmental function.

k. What Constitutes a Governmental Function? The statute provides several examples of governmental functions in 49 U. S.C. § 40125(a)(2). This list is not inclusive and other governmental functions may exist.

l. Can a Government Entity Qualify fo r a Civil Operating Certificate? Yes, there are many government entities that hol d civil operating certificates of some kind, including air carrier certificates. Government entities must follow the same application and certification processes and comply with the same regulatory requirements as all other civil applicants. The FAA advises all government entities with a civil operating certif icate to establish a clear process for determining whether a flight is a PAO or is be ing conducted under its civil operating certificate.

m. If I Am a Government Entity with an Aircraft that Does Not Have a Civil Airworthiness Certificate, M ay I Use it to Conduct a PAO? Yes, however, aircraft that do not have a civil airworthiness certifi cate may not operate as a civil aircraft. Government entities are cautioned to become familiar with the require ments for PAO status so that they do not inadvertently conduct civil operations with thes e aircraft. For example, a government entityAC 00-1.1A DRAFT DATE

Page 4 Par using surplus military aircraft without civil airworthiness certificates could not receive compensation for any operations with those aircraft (i.e., could not operate them as civil aircraft under any part of 14 CFR).

8. FAA POLICY FOR CONTRACTING CIVIL AIRCRAFT OPERATORS. To clarify FAA oversight of certain cont racted civil aircra ft operators, the FAA published 76 FR 16349, Notice of Policy Regarding Civil Aircraft Operat ors Providing Contract Support to Government Entities (Public Aircraft Operations), date d March 23, 2011. This policy does not change the statutory requirements of PAOs. The followi ng subparagraphs summarize the policy and its impact on operators, governme nt entities, and the FAA.

a. Does a Contract With a Government Enti ty Automatically Grant PAO Status to a Civil Operator? No, public aircraft status is not automa tic. The determination of public aircraft status is made on a flight-by-fl ight basis; both the government entity and the contracted civil operator share responsibility for determining whether:

 A particular flight meets the statutory re quirements for a PAO before the operation takes place,

 Whether PAO status is necessary to conduct the flight, and

 If the status has been properly communicated between the contrac ting entities and the FAA.

b. If I Am a Civil Operator Contracting my Services to a Govern ment Entity, What Actions Should I Take Before Conducting a PAO? The contracting government entity should provide the civil contractor with a written declaration of public aircraft status for designated, qualified flights. This written declaration shou ld be made in advance of the proposed public aircraft flights. Government entities need to determine who is qualified to make a written declaration (liability determination) for the ag ency. The FAA recommends that the declaration be made by a contracting officer or other official familiar with the public aircraft statute, and be separate from any contract be tween the government entity an d contracted civil operator.

(1) Once a civil operator receives a declaration from the contracting government entity, the contractor should submit a c opy of the written declaration to the FAA Flight Standards District Office (FSDO) responsible for the operato r. This will serve as notice to the FAA that there is a contract between the civil operator and the government entity that anticipates the conduct of PAOs.

(2) The civil operator and the c ontracting government entity are responsible for jointly determining whether each flight conducted under the contract qualifies for PAO status under the terms of the statute.

c. I Am a Civil Operator with a Government Contract. The contract terms require me to operate in accordance with 14 CFR (or hold an FAA operating certificate). The contracting government entity has provided a written declaration of public aircraft status.DATE DRAFT AC 00-1.1A

Par Page 5 (1) Does the FAA have Oversight of PAOs Under this Contract. No, because the contracting government entity has made a declar ation, that government entity has responsibility for the eligible PAO flights.

(2) Do I Still have to Comply with Regu latory Requirements Contained in the Title 14 CFR. All aircraft, even those conducting elig ible PAOs, must comply with certain operating rules of the NAS (i.e. 14 CFR § 91.1 19, Minimum Safe Altitudes: General). Other requirements imposed through the terms of the cont ract, such as the requirement to hold an FAA part 135 certificate, would not be enforced or overseen by the FAA when PAOs are being conducted.

d. What are the Legal Implications of Conducting a PAO? Contracting government entities must be aware that PAOs performed by ci vil operators create a significant transfer of liability to the contracting government ent ity, and that most FAA oversight ceases.

(1) Contracted civil operators must be aware th at unless there is a declaration of public aircraft status on file with the agency, the FAA considers all operations ci vil; civil operations must be conducted in accordance with all applicable civil aviation regulations. The FAA retains oversight and enforcement authority for any de viation from the provisions of 14 CFR until the agency is informed of the change in status by means of a written declaration.

(2) Additionally, civil operators ar e cautioned that it is their re sponsibility to refuse a contract to perform operations that would violat e applicable 14 CFR regulations if they cannot ensure that the government entity offering the cont ract has declared that operation as a PAO and that such flight meets the public aircraft elig ibility requirements as outlined in the statute.

e. Does the Contracting Government Entity Ha ve to Make a Declaration On a FlightBy-Flight Basis? No, but a determination should be made prior to each flight as to whether the flight will be public or civil in order to meet the terms of the stat ute. While it is necessary for the contracting parties to ensure th at each PAO flight meets the st atutory requirements, a written declaration to the FAA is not required for each flight.

f. What Should a Declaration Look Like? The FAA does not have specific format requirements for PAO declarations . The declaration must provide enough information to indicate who has operational responsibility for the flight. The need for information may vary between contracts and the entities involved. The FAA r ecommends that the following information be included in each declaration at a minimum:

 Name of civil operator (t he contracted operator);

 Aircraft type(s) to be used for the PAO;

 Name of aircraft owner(s);

 Aircraft registration number(s);

 Date of contract;

 Date of proposed first flight as a PAO;

 Date contract terminates;

 Name of the government entity declaring publ ic aircraft status (the government entity contracting for aircraft services);AC 00-1.1A DRAFT DATE

Page 6 Par  Name, title, and contact information fo r the government official making the declaration of PAO status; and

 Nature of operations (include enough detail to demonstrate that the flights are for a governmental function under the statute).

g. Why Does the FAA Consider a Written Declaration Necessary? The FAA is implementing this policy to clarify oversight roles and responsibilities rela ted to PAO status. The FAA is required to oversee all civil operations. To fulfill its statutory responsibility, the FAA needs to know when the status of a civil operator changes.

h. What if I Do Not Have a Written Declaration Before I Conduct a PAO? While the absence of a written declaration does not change the legal status of a valid PAO, until the FAA receives notice, the FAA considers all civil opera tions subject to FAA oversight, and the agency will enforce all applicable civil regulations.

i. How Do Contracted PAOs Affect My Operations Specifications (OpSpecs)? All part 119 certificated air carriers need to be aware of the following po licy considerations regarding OpSpecs:

(1) An aircraft contracted to conduct PAOs may remain on OpSpecs, provided that the aircraft is not contracted exclusively fo r PAOs for more than 90 consecutive days.

(2) There is no requirement to remove the civil airworthiness certificat e from the aircraft during PAOs. However, the certificate is not effective during any fli ghts conducted as PAO.

(3) The FAA recommends that the operator ma ke an aircraft logbook entry prior to conducting PAO. Any modifications or alterations to the aircraft for the purposes of the PAO should also be recorded in the aircraft logbook(s). Prior to conduc ting the first subsequent civil operation, the operator should verify that the aircraft conforms to its type design and is in a condition for safe operation. It remains the opera tor’s responsibility to ensure the aircraft complies with all applicable civil regulations prior to conducting a civil operation.

j. Who Has Operational Control of a PAO? Operational control is a term used in civil regulations and is not used in th e public aircraft statute. Opera tional control does not enter into the statutory determination of PAOs. The FAA presumes that during PAOs, operational control has shifted to the government entity. Section 91.3, responsibility and authority of the pilot in command, applies during PAOs.

k. Does the FAA Require a Civil Operator To Submit a Copy of Its Contract With a Government Entity? No; submission of a contract is optional. Submitting the contract does not replace the submission of a declaration.

l. Under FAA Policy, What are My Responsibili ties as a Contracted Civil Operator? As a contracted civil operator, you are responsible for the following:

(1) If you are offered a contract to perform ope rations that could be contrary to 14 CFR civil regulations applicable to the operation, it is your responsibili ty to ensure that a written declaration of public aircraft status is on file with the F AA or to refuse the contract.DATE DRAFT AC 00-1.1A

Par Page 7 (2) Obtain a written declaration of public aircraft status fr om the contracting government agency prior to conducting any PAO flights.

(3) Provide a copy of the written declarati on to the FSDO having oversight of your operation prior to conducting any PAO flights.

(4) In coordination with the contracting governme nt entity, evaluate and determine that each flight qualifies as an eligible PAO under th e terms of the statute. Operations that do not qualify as PAO remain subject to all civil re gulations and FAA oversight and enforcement authority.

m. Under FAA Policy, What Are the Responsi bilities of a Government Entity? As a government entity, you are responsible for the following:

(1) Recognize that public aircraft status e ligibility is determined by statute.

(2) Make a declaration of public aircraft status in advance and in writing to the operator when the government entity intends for the operator to conduct PAOs.

(3) Understand that PAOs represent a significant transfer of liability to the government entity and that the FAA does not conduct opera tional oversight for thos e flights. Determine whether PAO status is necessary to conduct flights, or whether civil operating status is sufficient and the operations can remain under FAA oversight.

n. Under the FAA Policy, What Are the Mutual Responsibilities of a Civil Operator and a Government Entity When Operating Under a Contract? Both parties must understand that:

(1) Even if a written declaration of PAO st atus has been made, the operator must continue to comply with certain 14 CFR regul ations that affect all users of the NAS;

(2) Other regulations may apply even when operating a PAO (e.g.: operating rules in parts 133 and 137); and

(3) The FAA retains enforcement authority for any deviation from applicable provisions of 14 CFR.

9. MAINTENANCE REQUIREMENTS FO R AIRCRAFT CONDUCTING PAOS.

a. What Are My Obligations Prior to Operati ng that Aircraft As a Civil Aircraft? If an aircraft is altered outside of its type certificate (TC) or not maintained under an FAA-accepted maintenance program during PAOs, a conformity inspection may be required to ensure the aircraft meets all civil regulations. For more information, contact your local FSDO.

b. Will I Have to Surrender My Aircraft’s Civ il Airworthiness Certificate in Order to Conduct a PAO? No; an airworthiness certificate itself doe s not indicate that an aircraft is airworthy. An aircraft is c onsidered airworthy if it:AC 00-1.1A DRAFT DATE

Page 8 Par  Conforms to its type design; and

 Is in a condition for safe operation.

10. OTHER QUESTIONS REGARDING PAOS.

a. Who Do I Contact if I Have Questi ons about FAA Policy Regarding PAOs? As a civil operator that contracts to conduct PAOs, you should cont act the FSDO responsible for oversight of your civil operati ng certificate or, for non-certific ated operators, the FSDO with jurisdiction where you intend to con duct PAOs. Legal interpretations of the public aircraft statute are handled by the FAA Office of the Chief Counse l, Regulations Division (refer to Appendix 3, Contact Information).

b. How Does the FAA Determine if a Gov ernment Entity Qualifies Under the Statutory Definitions in 49 U. S.C. § 40102(a)(41)(C) or (D)? The FAA has received several inquiries from universities and smaller local gov ernment agencies concerning their status under the statute. The FAA has established a process to make these determinations that begins with the entity requesting verification of it s status as described in the public aircraft statute from its State Attorney General or other qualified state o ffice. Upon request, the FAA can provide a letter detailing the determination that needs to be made by the state.

NOTE: This is only a determination of eligibility for PAOs, not a determination that any particular op erations are qualified PAOs under the statute (refer to Appendix 2, State Government Entity or Political Subdivision Determination).

c. What Constitutes a “Commercial Purpos e” that Removes Someone from PAO Status? In general, the FAA interprets the commercial purpose prohibition in 49 U.S.C. § 40125(a)(1) to mean that there can be no type of reimbursement to government entities for PAOs, except under the one set of spec ific circumstances desc ribed in that section. Specific instances of whether an operation has a commercial purpose may be submitted for interpretation to the FAA Office of the Chief Counsel, Regulations Divi sion (refer to Appendix 3).

d. How Do I Certify to the “Adm inistrator of the Federal Av iation Administration that the operation was necessary to respond to a significant and imminent threat to life or property and that no service by a private op erator is reasonably available to meet the threat” (49 USC § 40125(a)(1))? The FAA recommends that the stat utory certification be made in writing to the responsible FS DO within 10 days of the operation.

e. What Training Courses are Available for a Government Entity that Desires More Information on Developing Surveillance and Ov ersight Programs similar to those that the FAA Conducts? The FAA’s Mike Monroney Aeronautical Center (M MAC) conducts training for FAA aviation safety inspectors (ASI) who conduct FAA oversight and surveillance. These courses may be made available to government entities upon request and based on availability. For more information, please contact your local FSDO and/or the MMAC.DATE DRAFT AC 00-1.1A

Par Page 9 FIGURE 1. DECISION FLOW CHARTS FOR PAOAC 00-1.1A DRAFT DATE

Page 10 Par FIGURE 1. DECISION FLOW CHARTS FOR PAO (continued)DATE DRAFT AC 00-1.1A

Par Page 11 11. PAOS BY THE ARMED FORCES.

a. Operations of Armed Force Aircraft. Operations by the Armed Forces of their own aircraft (or those they operat e) are covered by 49 U.S.C. § 40 125(c), including operations in accordance with Title 10 of the Code of Federal Regulations and those operated in performance of a governmental function under Titles 14, 31, 32, or 50 of the Code of Federal Regulations, provided they are not used for a commercial pur pose. The FAA does not make the determination of operation under any of these titles for the Armed Forces.

b. Public Aircraft Designation. Title 49 U.S.C. § 40125(c)(1)(C) provides that aircraft chartered to the U.S. Armed Fo rces to provide transportation or other commercial air service only qualify as PAOs when the Secretary of De fense designates the opera tion of the chartered aircraft as required in the nationa l interest. Similar to civil gove rnment contracted operations, all operations will be considered civil until the FAA has notice of the Secretary’s designation.

NOTE: Civilian contractors to the Arme d Forces that have valid public aircraft status under 49 U.S.C. § 40125(c) must obtain a written declaration and present it to the FAA.

John M. Allen Director, Flight Standards ServiceDATE DRAFT AC 00-1.1A Appendix 1

Page 1 APPENDIX 1. PUBLIC AIRCRAFT STATUTE

Title 49 of the United States Code (49 U.S.C.) § 40102. Definitions.

Subparagraph (a)(41). “Public Aircra ft” means any of the following:

(A) Except with respect to an aircraft describe d in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).

(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).

(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or posse ssion of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).

(D) An aircraft exclusively leased for at le ast 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).

(E) An aircraft owned or operated by th e armed forces or chartered to provide transportation or other commercia l air service to the armed forc es under the conditions specified by section 40125(c). In the preceding sentence, the te rm “other commercial air service” means an aircraft operation that (i) is c onducted within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administra tion determines is available for compensation or hire to the public, and (iii) mu st comply with all applicable ci vil aircraft rules under title 14, Code of Federal Regulations.

Title 49 U.S.C. § 40125. Qualifications for Public Aircraft Status.

Paragraph (a) Definitions. In this se ction, the following definitions apply:

(1) COMMERCIAL PURPOSES.—The term “commercial purposes” means the transportation of persons or property for compen sation or hire, but does not include the operation of an aircraft by the armed forces for reimburse ment when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost re imbursement agreement if the government on whose behalf the operation is c onducted certifies to th e Administrator of the Federal Aviation Administration that the operation is necessary to respond to a signi ficant and imminent threat to life or property (including na tural resources) and that no se rvice by a private operator is reasonably available to meet the threat.

(2) GOVERNMENTAL FUNCTION.—The term “governmental function” means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including trans port of prisoners, detainees, and illegal aliens), aeronautical re search, or biological or ge ological resource management.AC 00-1.1A DRAFT DATE Appendix 1

Page 2 (3) QUALIFIED NON-CREWMEMBER.—The term “qualified non-crewmember” means an individual, other than a memb er of the crew, aboard an aircraft—

(A) operated by the armed forces or an intelligence agency of the United States Government; or

(B) whose presence is required to perform, or is associated with the performance of, a governmental function.

(4) ARMED FORCES.—The term “armed forces ” has the meaning given such term by section 101 of Title 10.

NOTE: Which means Army, Navy, Air Force, Marine Corps and Coast Guard.

Paragraph (b) Aircraft Owned by G overnments. An aircraft descri bed in subparagraph (A), (B), (C), or (D) of section 40102(a)(41) does not quali fy as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual othe r than a crewmember or a qualified non-crewmember.

Paragraph (c) Aircraft Owned or Operated by the Armed Forces.

(1) IN GENERAL.—Subject to paragraph (2 ), an aircraft described in section 40102(a)(41)(E) qualifies as a public aircraft if—

(A) the aircraft is operated in accordance with Title 10;

NOTE: Title 10 refers to active duty a nd also allows the President to “federalize” National Guard forces by or dering them to active duty in their reserve component status or by calling them into Federal service in their militia status.

(B) the aircraft is operated in the pe rformance of a governmental function under Titles 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or

NOTE: Title 14 states that, by an act of Congress the US Coast Guard is a military service. “The Coast Guard as established January 28, 1915, shall be a military service and a branch of the ar med forces of the United States at all times. The Coast Guard shall be a s ervice in the Department of Homeland Security, except when operating as a service in the Navy”.

NOTE: Title 31 refers to military pay for all services.

NOTE: Title 32 refers to Federally funde d, state active service (e.g., National Guard). Service under Title 32, is typically for training purposes (e.g., reservist weekend drills and annual tr aining). It also includes full-time employment in the Guard or Reserves (called Active Guard Reserves or AGR).DATE DRAFT AC 00-1.1A Appendix 1

Page 3 NOTE: Title 50 refers to military serv ice credit and military leave.

(C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operatio n of the aircraft as being required in the national interest.

(2) LIMITATION.—An aircraft that meets the cr iteria set forth in paragraph (1) and that is owned or operated by the Nationa l Guard of a State, the District of Columbia, or any territory or possession of the United States , qualifies as a “Public Aircraft” only to the extent that it is operated under the direct control of the Department of DefenseAC 00-1.1A DRAFT DATE Appendix 2

Page 2 APPENDIX 2. RESERVED FOR SAMPLE LETTER REGARDING PUBLIC AIRCRAFT STATUS FOR STATE GOVERNMENT ENTITIESDATE DRAFT AC 00-1.1A Appendix 3

Page 1 APPENDIX 3. CONTACT INFORMATION

1. FLIGHT STANDARDS DISTRICT OFFICES (FSDO). If you have a question regarding the application of the information in this Advi sory Circular, please c ontact your local FSDO. A list of FSDOs and the areas they serve is available on the FAA Web site, http://www.faa.gov/about/offi ce_org/field_offices/fsdo/.

2. POLICY QUESTIONS. If you have a policy question, pleas e contact the General Aviation and Commercial Divi sion (AFS-800) at http://www.faa.gov/about/office_org/headquarters _offices/avs/offices/afs/afs800/; or at the address below:

General Aviation and Commercial Division (AFS-800) 800 Independence Avenue, S.W. Washington, DC 20591 Phone: (202) 385-9600 Fax: (202) 385-9597

3. LEGAL QUESTIONS. If you have a legal question or would like to request a legal interpretation, please contact the Office of the Chief Counsel at http://www.faa.gov/about/office_org/headquarters _offices/agc/; or at the address below:

Office of the Chief Counsel Regulations Division (AGC-200) 800 Independence Avenue, S.W. Washington, DC 20591 Phone: (202) 267-3073 Fax: (202) 267-7971