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 Septem ber 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, in stead of the smaller marks previously allowed by the regulation. The 12-inch high marks on the vertical tail surface or the fuselage surface2

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 equivale nt 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 res ponsibility 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 Adm inistrator 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