AIR-10-320-E 

November 17, 2010 

 Exemption No. 10166 

 Regulatory Docket No. FAA-2010-0659 

Mr. Kenneth Udcoff 

3900 Candlewick Court 

Bedford, TX 76021 

Dear Mr. Udcoff: 

This letter is to inform you that we have denied your petition for exemption. It transmits our 

decision and explains its basis. 

The Basis for Our Decision 

By letter dated June 15, 2010 and on September 15, 2010, you petitioned the Federal Aviation 

Administration (FAA) for an exemption from § 45.29(b)(1) of Title 14, Code of Federal 

Regulations (14 CFR) to the extent necessary to allow you to place 3-inch high registration 

markings and to repaint the aircraft in an authentic military paint scheme. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to you. 

The FAA has issued denials of exemption in circumstances similar in all material respects to 

those presented in your petition. In Denial of Exemption Nos. 7760, 9771, and 9919 (copies 

enclosed), the FAA noted, in those cases, the petitioner is not unique from the general class of 

regulated persons who are subject to the requirements of § 45.29(b)(1). The display of 12-

inch registration marks on an aircraft may detract from its aesthetics; however, the FAA has 

determined that installation of distinctive paint schemes, insignias, and logos do not 

appropriately substitute for the 12-inch registration marks. In granting any exemption to the 

provisions of § 45.29, the FAA must consider the primary reason why amending part 45 was 

necessary (Amendment 45-13, November 2, 1981.) It requires at least 12-inch high marks, or 

as high as practicable, on fixed-wing aircraft, instead of the smaller marks previously allowed 

by the regulation. The 12-inch high marks on the vertical tail surface or the fuselage surface 
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provide better visual identification of aircraft. The rule intends to discourage flight violations 

and provide for better air traffic control and flow at airports (visual identification of aircraft.) 

The FAA determined that allowing you to display 3-inch-high registration marks in place of 

the required 12-inch-high marks to maintain appearance is not in the public interest and 

would not provide a level of safety equivalent to that provided by the regulation. We 

understand that these airplanes have a unique identifier, as identified in the pictures you 

attached to your September 15, 2010 letter. However, we still find the12-inch registration 

marks will best allow the FAA to fulfill its responsibility for positive identification of aircraft 

and its obligations to protect persons and property. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they don’t differ materially from those presented by the petitioners in the enclosed denials 

of exemption; 

 the reasons stated by the FAA for denying the enclosed exemptions also apply to the 

situation you present; and 

 a grant of exemption wouldn’t be in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby deny your petition for an exemption from 14 CFR § 45.29 

(b)(1). 

Sincerely, 

/s/ 

K.C. Yanamura 

Acting Director, Aircraft Certification Service 

Enclosures