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) provides guidance in determining whether 

government or government-contracted aircraft operations conducted within the territory of the 

United States are public or civil aircraft operations 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 Administration (FAA) policy 

pertaining to civil aircraft operators that provide contract support 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 Maintenance Programs; and 

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

5. CANCELLATIONS. This AC cancels AC 00-1.1, Government 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 must 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 oversight regulations do not apply 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 the terms of the statute. The considerations when determining PAO 

are aircraft ownership, the operator, the purpose 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 with all FAA regulations 

applicable to the operation. The public aircraft statute 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 aircraft status. These statutory 

provisions provide the legal basis for operation of public aircraft in the United States (refer to 

Appendix 1, Public Aircraft Statute)..The FAA recognizes that these statutory provisions may be 

difficult to apply to aircraft operations conducted by civil contractors for government entities. 

This AC reiterates the FAA’s policy for civil operators contracting with government entities and 

defines the responsibilities of the parties 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 including 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 Government Entities Considered PAOs? Not necessarily; the 

statute restricts PAOs to those that do not have a commercial purpose and, where applicable, to 

flights with certain persons on board. A government entity may inadvertently conduct civil 

operations subject to the regulations 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 ownership, the entity operating the aircraft, the persons on board, and the 

purpose of the flight to determine 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 statute (49 U.S.C. § 40125(c)) to include much of its 

routine operation. Separate provisions 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 conducting the PAO is responsible for oversight of 

the operation, including aircraft airworthiness and any operational 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 requirements that apply to all aircraft 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 applicability 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 country 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 “State 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 missions are involved in activities of 

a “state” (country) such as the Coast Guard, scientific research and development, search and 

rescue, medical services, mapping and geological survey services, disaster relief, and VIP and 

government transport, the statement given in Article 3(b) of the Chicago Convention cannot be 

taken as a comprehensive definition of State aircraft operations. For purposes of U.S. aircraft 

operations, a designation of State aircraft 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 its official designation. The FAA does not have the 

authority to issue State or military aircraft designations. Without an official U.S. Government 

designation, all aircraft are considered civil. 

j. Can I Carry Passengers On an Aircraft That Is Conducting a PAO? All persons 

carried on board must be crewmembers or meet 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 note 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 for a Civil Operating Certificate? Yes, there are 

many government entities that hold 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 certificate to establish a clear process for 

determining whether a flight is a PAO or is being conducted under its civil operating certificate. 

m. If I Am a Government Entity with an Aircraft that Does Not Have a Civil 

Airworthiness Certificate, May I Use it to Conduct a PAO? Yes, however, aircraft that do not 

have a civil airworthiness certificate may not operate as a civil aircraft. Government entities are 

cautioned to become familiar with the requirements for PAO status so that they do not 

inadvertently conduct civil operations with these aircraft. For example, a government entity 
AC 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 contracted civil aircraft operators, the FAA published 76 FR 16349, 

Notice of Policy Regarding Civil Aircraft Operators Providing Contract Support to Government 

Entities (Public Aircraft Operations), dated March 23, 2011. This policy does not change the 

statutory requirements of PAOs. The following subparagraphs summarize the policy and its 

impact on operators, government entities, and the FAA. 

a. Does a Contract With a Government Entity Automatically Grant PAO Status to a 

Civil Operator? No, public aircraft status is not automatic. The determination of public aircraft 

status is made on a flight-by-flight basis; both the government entity and the contracted civil 

operator share responsibility for determining whether: 

 A particular flight meets the statutory requirements 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 contracting entities and the 

FAA. 

b. If I Am a Civil Operator Contracting my Services to a Government 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 should 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 agency. 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 between the government entity and contracted civil operator. 

(1) Once a civil operator receives a declaration from the contracting government entity, 

the contractor should submit a copy of the written declaration to the FAA Flight Standards 

District Office (FSDO) responsible for the operator. 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 contracting 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 declaration, that government entity has responsibility 

for the eligible PAO flights. 

(2) Do I Still have to Comply with Regulatory Requirements Contained in the 

Title 14 CFR. All aircraft, even those conducting eligible PAOs, must comply with certain 

operating rules of the NAS (i.e. 14 CFR § 91.119, Minimum Safe Altitudes: General). Other 

requirements imposed through the terms of the contract, 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 civil operators create a significant transfer of 

liability to the contracting government entity, and that most FAA oversight ceases. 

(1) Contracted civil operators must be aware that unless there is a declaration of public 

aircraft status on file with the agency, the FAA considers all operations civil; civil operations 

must be conducted in accordance with all applicable civil aviation regulations. The FAA retains 

oversight and enforcement authority for any deviation 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 are cautioned that it is their responsibility to refuse a 

contract to perform operations that would violate applicable 14 CFR regulations if they cannot 

ensure that the government entity offering the contract has declared that operation as a PAO and 

that such flight meets the public aircraft eligibility requirements as outlined in the statute. 

e. Does the Contracting Government Entity Have 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 statute. While it is necessary for the 

contracting parties to ensure that each PAO flight meets the statutory 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 recommends that the following information be 

included in each declaration at a minimum: 

 Name of civil operator (the 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 public aircraft status (the government entity 

contracting for aircraft services); 
AC 00-1.1A DRAFT DATE 

Page 6 Par 

 Name, title, and contact information for 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 related 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 operations 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 policy considerations regarding 

OpSpecs: 

(1) An aircraft contracted to conduct PAOs may remain on OpSpecs, provided that the 

aircraft is not contracted exclusively for PAOs for more than 90 consecutive days. 

(2) There is no requirement to remove the civil airworthiness certificate from the aircraft 

during PAOs. However, the certificate is not effective during any flights conducted as PAO. 

(3) The FAA recommends that the operator make 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 conducting 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 operator’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 the public aircraft statute. Operational 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 Responsibilities 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 operations that could be contrary to 14 CFR 

civil regulations applicable to the operation, it is your responsibility to ensure that a written 

declaration of public aircraft status is on file with the FAA or to refuse the contract. 
DATE DRAFT AC 00-1.1A 

Par Page 7 

(2) Obtain a written declaration of public aircraft status from the contracting government 

agency prior to conducting any PAO flights. 

(3) Provide a copy of the written declaration to the FSDO having oversight of your 

operation prior to conducting any PAO flights. 

(4) In coordination with the contracting government entity, evaluate and determine that 

each flight qualifies as an eligible PAO under the terms of the statute. Operations that do not 

qualify as PAO remain subject to all civil regulations and FAA oversight and enforcement 

authority. 

m. Under FAA Policy, What Are the Responsibilities of a Government Entity? As a 

government entity, you are responsible for the following: 

(1) Recognize that public aircraft status eligibility 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 operational oversight for those 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 status has been made, the operator must 

continue to comply with certain 14 CFR regulations 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 FOR AIRCRAFT CONDUCTING PAOS. 

a. What Are My Obligations Prior to Operating 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 Civil Airworthiness Certificate in Order to 

Conduct a PAO? No; an airworthiness certificate itself does not indicate that an aircraft is 

airworthy. An aircraft is considered 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 Questions about FAA Policy Regarding PAOs? As a 

civil operator that contracts to conduct PAOs, you should contact the FSDO responsible for 

oversight of your civil operating certificate or, for non-certificated operators, the FSDO with 

jurisdiction where you intend to conduct PAOs. Legal interpretations of the public aircraft statute 

are handled by the FAA Office of the Chief Counsel, Regulations Division (refer to Appendix 3, 

Contact Information). 

b. How Does the FAA Determine if a Government 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 government 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 its status as described in the public aircraft statute from its State 

Attorney General or other qualified state office. 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 operations are qualified PAOs under the 

statute (refer to Appendix 2, State Government Entity or Political 

Subdivision Determination). 

c. What Constitutes a “Commercial Purpose” 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 specific circumstances described 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 Division (refer to Appendix 

3). 

d. How Do I Certify 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 and that no service by a private operator is reasonably available to meet the 

threat” (49 USC § 40125(a)(1))? The FAA recommends that the statutory certification be made 

in writing to the responsible FSDO within 10 days of the operation. 

e. What Training Courses are Available for a Government Entity that Desires More 

Information on Developing Surveillance and Oversight Programs similar to those that the 

FAA Conducts? The FAA’s Mike Monroney Aeronautical Center (MMAC) 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 PAO 
AC 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 operate) are covered by 49 U.S.C. § 40125(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 purpose. 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 Forces to provide transportation or other commercial air service 

only qualify as PAOs when the Secretary of Defense designates the operation of the chartered 

aircraft as required in the national interest. Similar to civil government contracted operations, all 

operations will be considered civil until the FAA has notice of the Secretary’s designation. 

NOTE: Civilian contractors to the Armed 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 Service

DATE 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 Aircraft” means any of the following: 

(A) Except with respect to an aircraft described 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 possession 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 least 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 the armed forces or chartered to provide 

transportation or other commercial air service to the armed forces under the conditions specified 

by section 40125(c). In the preceding sentence, the term “other commercial air service” means an 

aircraft operation that (i) is conducted within the United States territorial airspace; (ii) the 

Administrator of the Federal Aviation Administration determines is available for compensation 

or hire to the public, and (iii) must comply with all applicable civil 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 section, the following definitions apply: 

(1) COMMERCIAL PURPOSES.—The term “commercial purposes” means the 

transportation of persons or property for compensation or hire, but does not include the operation 

of an aircraft by the armed forces for reimbursement 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 reimbursement agreement if the government on 

whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation 

Administration that the operation is necessary to respond to a significant and imminent threat to 

life or property (including natural resources) and that no service 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 transport of prisoners, detainees, and 

illegal aliens), aeronautical research, or biological or geological 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 member 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 Governments. An aircraft described in subparagraph (A), (B), 

(C), or (D) of section 40102(a)(41) does not qualify as a public aircraft under such section when 

the aircraft is used for commercial purposes or to carry an individual other 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 and also allows the President to 

“federalize” National Guard forces by ordering 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 performance 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 armed forces of the United States at all 

times. The Coast Guard shall be a service 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 funded, state active service (e.g., 

National Guard). Service under Title 32, is typically for training purposes 

(e.g., reservist weekend drills and annual training). 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 service 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 operation of the aircraft as being required in the 

national interest. 

(2) LIMITATION.—An aircraft that meets the criteria set forth in paragraph (1) and that 

is owned or operated by the National 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 Defense
AC 00-1.1A DRAFT DATE 

Appendix 2 

Page 2 

APPENDIX 2. RESERVED FOR SAMPLE LETTER REGARDING PUBLIC AIRCRAFT 

STATUS FOR STATE GOVERNMENT ENTITIES 
DATE 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 Advisory Circular, please contact your local FSDO. A 

list of FSDOs and the areas they serve is available on the FAA Web site, 

http://www.faa.gov/about/office_org/field_offices/fsdo/. 

2. POLICY QUESTIONS. If you have a policy question, please contact the General Aviation 

and Commercial Division (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