### American Aviation, Inc.

337 North 2370 West STE 228

Salt Lake City, UT 84116

Office: 801-537-1537

Fax: 801-537-1539

Cell: 801-209-5811

E-mail americanaviationut@gmail.com

January 18,2014

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12-140

Washington, DC 20590 · t- 

## ARTI\,lENT OF --_\i\!SPORTATION**~** 

## =.\cT OPERATIONS

.7.214 JAN 3 I A 

## II: 00

SUBJECT: PETITION FOR RENEWAL OF GRANT OF EXEMPTION

·

Pursuant to Sections 11.61 and 11.63 ofthe Federal Aviation Regulation (FAR),

American Aviation, Inc. hereby petitions the Federal Aviation Administration (FAA) for

a renewal of exemption from FAR Section 119.1 (e)( 6), to the extent necessary to permit

American Aviation, Inc. to continue flying 45 miles from the Brigham City airport

(BMG) to a test range operated by ATK Launch Systems for the purpose of dropping

flares in support a Department of Defense Contract.

NATURE AND EXTENT OF RELIEF

The specific sections of 14 CFR from which an exemption is sought: 14CFR

119.1(e)(6)

14 CFR FAR 119.1 (e)

Except for operations when common carriage is not involved conducted with airplanes

having a passenger-seat configuration of 20 seats or more, excluding any required

crewmember seat, or payload capacity of 6,000 pounds or more, this part does not apply

to: "

... (6) Nonstop flights conducted within a 25 statute mile radius of the airport of

takeoff carrying persons or objects for the purpose of conducting intentional parachute

operations

... "



### Ill

Page 1 of4

### The extent of relief sought and the reason for the relief sought:



### American Aviation, Inc. is requesting relief from the 25 statute mile radius to a 45 statute

mile radius limited to conduct flare drop operations and testing for ATK Launch Systems,

Inc., originating from the Brigham City Airport (BMC). ATK Launch Systems, Inc. has

contracted with American Aviation, Inc. to conduct flight operations in support of their

testing of military illuminating flares for the Department of Defense. The aircraft, a P A31, N 114SA, has been highly modified for the flare testing operation is operated as a

Restricted Category aircraft. The aircraft is only operated in support of A TK Launch

Systems, Inc. The company has been granted authority to operate by the Department of

Transportation under Special Permit DOT-SP 7648. The flare drop zone is owned and

managed by ATK Launch Systems, Inc. and is located on the northeastern bay of the

Great Salt Lake. The distance from BMC to the drop zone is 45 statute miles. ATK

Launch Systems, Inc. has been manufacturing and testing flares, with FAA approval, for

the US military for over 40 years. American Aviation, Inc. is the only operator in the

United States contracted to conduct these highly specialized operations and testing.

PUBLIC INTEREST

The reasons why the renewal of this request is in the public interest:



### Renewal of this request is in the public interest as it; supports critical national defense

requirements and validates that the supplied hardware meets the military specification

(MIL SPECs) of the armed forces of the United States. To validate that the flares meet

MIL SPECs, flares must be launched from an aircraft in flight. The flares that are being

flown and tested on the modified American Aviation, Inc.'s aircraft are used by all

branches of the military and are used in a wide range ofUS Military operations around

the world. The operations include search and rescue, and night combat missions. The

immediate approval of this request is essential to the mission needs and wartime

requirements of the military in Afghanistan and the Middle East.

EQUIVALENT LEVEL OF SAFETY

The reasons why granting the exemption would not adversely affect safety or

how the exemption would provide a level of safety at least equal to that provided

by the rule from which the exemption is sought:



### Granting the exemption would not adversely affect safety. The flight operations

conducted by American Aviation, is highly controlled and regulated by the company. The

only flights that are conducted are in direct support of ATK's testing requirements.

During flight operations the aircraft is in constant communications with A TK range

operations and Salt Lake Air Route Traffic Control Center.

The aircraft is operated by the minimum flight crew necessary to conduct the required

flight test operation and the flares.

Page 2 of4

### EXCEPTION TO PUBLICATION OF SUMMARY OF PETITION



### A summary of why the FAA should not publish a summary ofthis petition:

Pursuant to 14 C.P.R. 11.87, American Aviation, Inc. respectfully requests that the FAA

not publish a summary of this petition. While, the testing of the flare systems is not

classified, any unnecessary publicity about the flight test program would potentially

· compromise ATK Launch Systems, Inc., proprietary information and sensitive

information on military systems.

In addition for the following reason we believe that the good cause does exist for not

delaying action on our exemption request:

(a) The granting of this petition would not in our opinion set a precedent. This is due

in part to the specialized nature o£our operation and the requirement that the

flight testing performed must be accomplished over a designated test range and in

.

an aircraft that has been specifically modified to meet the requirements of the

Department of Defense.

(b) We are unaware of any exemption granted previously that is identical to the relief

requested in our petition.

(c) The failure to renew this action would have an adverse impact on A TK' s ability to

supply the Department of Defense with critical mission essential flare systems

and would hinder the American War effort. See the attached memorandum from

the Department of Defense Contracting Agency that further.explains the urgency

of the resumption of testing and the need for flares by mjlitary.

(d) Our petition for exemption is being filed in a timely manner. We were advised by

the Salt Lake City Flight Standards District Office on November 15, 2011, that

our flight operations, as defined above, was possibly contrary to the requirements

119.1 e( 6). On the basis of the FSDO opinion, we are filing this request for relief.



### Ill

Page 3 of4

### SUMMARY

A summary to published in the Federal Register stating the rule from which an

exemption is sought, a brief description of the nature of the exemption sought

and any information to support the request:

American Aviation, Inc. requests exemption from FAR 119.l(e)(6) so that it can continue

fly to a test range located 45 statute miles away from Brigham City Airport. The

exemption ofF AR 119.1 (e)( 6) will permit American Aviation, Inc. to continue launching

airborne launched flares in compliance with testing and validation requirements of the

United States Department of Defense.



### EXERCISING PRIVILEGES OF THIS EXEMPTION OUTSIDE THE UNITED

STATES

Whether and why the privileges of this exemption are needed to be exercised

outside of the United States:

Privileges of this exemption will not be exercised outside of the U.S.

Larry Wright

President

Page 4 of4Exemption No. 10537

UNITED STATES OF AMERJCA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

AMERICAN AVIATION, INC.

for an exemption from§ 119.1(e)(6)

ofTitle 14, Code of

Federal Regulations Regulatory Docket No. FAA-2012-0075

GRANT OF EXEMPTION

By letter dated January 13, 2012, Mr. Larry Wright, President, American Aviation, Inc.

(American Aviation), 337 North 2370 West, Suite 228, Salt Lake City, UT 84116, petitioned

the Federal Aviation Administration (FAA) on behalf of American Aviation for an exemption

from§ 119.1(e)(6) ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed

exemption, if granted, would allow American Aviation to conduct parachute operations

dropping test flares more than 25-statute-miles from the airport of takeoff.

The petitioner requests relief from the following regulation:

Section 119.1 (e)( 6) prescribes, in pertinent part, that except for operations when

common carriage is not involved conducted with airplanes having a passenger-seat

configuration of20 seats or more, excluding any required crewmember seat, or a

payload capacity of 6,000 pounds or more, this part does not apply to nonstop flights

conducted within a 25-statute-mile radius of the airport of takeoff carrying persons or

objects for the purpose of conducting intentional parachute operations.

The petitioner supports its request with the following information:

The petitioner states that American Aviation is providing aviation support to A TK

Launch Systems, Inc. (ATK), who has a contract with the Department ofDefense to

manufacture military illuminating flares to the DOD's military specifications. The

flares are deployed by parachute from an aircraft and must be tested in that type of

AFS-12-183-E2

operation in order to ensure the flares meet the proper military specifications. The test

area drop zone is reported to be 45 miles from the departure airport, Brigham City

Airport. American Aviation has been providing this support to ATK for about 25 years

based upon an authorization or permit issued by the Department of Transportation

(Special Permit DOT-SP-7648). The aircraft, Piper PA-31 (N114SA) has been highly

modified for the flare testing operations and is operated as a restricted category aircraft.

The permit only addressed the issue of hazardous materials (the flares) being allowed to

be transported on American Aviation's Piper PA-31. American Aviation states that it

is the only operator in the United Sates contracted to conduct these highly specialized

operations and testing,

At the time the operation began, part 119 did not exist and there was not a mileage

limitation of parachuting operations. As soon as American Aviation became aware that

they may not be in compliance with 

### § 1 19.1 (e)(6), they ceased operations immediately.

This has caused a backlog of flares being tested and may result in a shortage of flares in

critical war zones for the DOD.

American Aviation states that it has been conducting operations for many years without

incident. This operation does not impact safety for the public since it is conducted over

a highly controlled area of swamp land where there are no residential areas or inhabited

buildings. The launch aircraft is constantly in contact with A TK range control and Salt

Lake City Air Route Traffic Control Center (ARTCC). Only essential crew is

permitted aboard this aircraft during the flare drops. The aircraft used, a Piper PA-31,

is standard category airplane operated as a restricted category airplane due to installed

launch equipment. Currently, the airplane is only operated for the purpose of fulfilling

ATK's DOD contract.

A summary of the petition was published in the Federal Register on March 6, 2012

(77 FR 13384). No comments were received.



### The 

### FAA's analysis is as follows:

The FAA has fully considered the petitioner's request and supporting information. The

FAA finds that a grant of exemption would be in the public interest and would provide

a level of safety equivalent to that provided by the current regulations.

American Aviation has been conducting this operation for many years without incident.

This does not impact safety for the public since it is conducted over a highly controlled

area of swamp land where there are no residential areas or inhabited buildings. The

launch aircraft is constantly in contact with A TK range control and Salt Lake Air Route

Traffic Control Center (ARTCC). Only essential crew is permitted aboard this aircraft

during the flare drops. The airplane used, a Piper PA-31, is a standard category

airplane operated as a restricted category airplane due to installed launch equipment.

As stated in the applicant's request, it is in the public's interest to provide the best3

equipment to our military. ATK would not be able to confirm their flares to be of the

highest quality without testing.

The 

### FAA's Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest.

Therefore, pursuant to the authority contained in 49 U .S.C. §§ 40113 and 44 701, delegated to

me by the Administrator, American Aviation, Inc., is granted an exemption from

14 CFR § 119.1(e)(6) to the extent necessary to allow American Aviation to conduct

parachute operations dropping test flares more than 25-statute-miles from the airport of

takeoff, subject to the conditions and limitations listed below.

Conditions and Limitation

1. The flare drop operations may only be conducted in support of ATK's military

contract.

2. The aircraft may not conduct parachute operations dropping flares more than 50

nautical miles from the point of departure.

3. The pilot must maintain contact with ATK range control and Salt Lake ARTCC while

conducting flare drop operations.

4. Flare drop operations may not be conducted outside of ATK's test range when more

than 25 nautical miles from the point of departure.

5. Only essential crew may be aboard the aircraft during the flare drop operations.

6. Prior to each drop campaign a notice of airmen request must be sent to Area

Supervisor, FAA Prescot, Hill Air Force Base (AFB) Range Control, Hill AFB Base

Operations, FAA SLC Center, ARTCC Military Operations Specialist, Hill AFB

Clover Control and Hill AFB Command Post.

7. A copy ofthis exemption must be aboard the aircraft during flare drop operations.

This exemption expires on May 31, 2014, unless sooner superseded or rescinded.

Issued in Washington, D.C., on May21, 2012.



### Is/

John S. Duncan

Deputy Director, Flight Standards

Service...·.SupportingDataandInformationforAmericanAviationRequestforexemptionfrom14CFR119.1(e)(6)ProvidedbyATKLaunchSystemsInc.PrimeContractorforLUUFlarestoUSGovernment•TheLUU-2/BvisiblelightflarewasinitiallycertifiedforUSDODoperationaluseinthelate1960'sandwasusedextensivelyintheVietnamconflict.•TheLUU-19flarewasqualifiedforusebyUSAFin1999•TheproductionsiteatPromontoryhasproducedover1.8millionLUUflares•Over300flighttestshavebeenperformedforacceptancebytheUSgovernment•LUUflareshavebeenandcontinuetobesuppliedtomorethan25governmentsaroundtheworld.•ATKonaconsistentbasis,respondstoglobalGovernmentrequestsforcooperationtointegratetheLUUflaresintonewplatformapplications•Theexperiencegainedfrom40yearsofflareproductionhasyieldedcontinuousprocessanddesignimprovementsthatmakethesafetyandperformanceoftheATKLUUflarethebestintheworld2CotnbatSupportAnexemptionissoughtfrom14CFR119.1(e)(6)whichstatespart119doesnotapplyto:"Nonstopflightsconductedwithina25statutemileradiusoftheairportoftakeoffcarryingpersonsorobjectsforthepurposeofconductingintentionalparachuteoperations."Relieffromthe25statutemilelimittotheextentof45milesisnecessarytocontinueusingthelegacytestsitethatisusedforthepurposeofperformingtheflightrequirementsforLotAcceptanceTesting(LAT)forLUUflares.EachlotofflaresproducedmustundergoLATtodemonstrateproperfunctionperUSDODspecificationsbeforebeingdeliveredtotheUSDODand/oroneof25otherforeigngovernmentcustomers.TheLUUflareshavebeenmanufacturedandtested,withFAAapproval,inUtahforover40yearstosupportbothUSMilitaryoperationsandlifesavingsearchandrescue(SAR)operationsbyprovidingbroadfieldilluminationatnight.OnlyrecentlyduringtherenewaloftheaircraftsSpecialPermitDOTSP-7648werewenotifiedbythelocalFSDOthatparachuteoperationsaretobelimitedtowithin25statutemilesoftheairportoftakeoffandthat14CFR119.1(e)(6)cannotbewaived.Becauseofthis,wehavebeenunabletomeetthecurrentneedsoftheDepartmentofDefense.3•J\Ll47'4r.'·-,,..'"'C'.•,_......'"0·'--....._./-IvThefigureaboveillustratesthedropzoneandflightpaththatisusedduringtheflaretestoperation.Droppingwithinthezoneiscoordinatedbetweenthepilotandtestconductorontheground.Thepilotwillflyaheadingthruthedropzoneandthetestconductorwillissuethedropcommandtothepilotviaradio.ATKdesirestousethehistoricaltestsiteasitconsistsofpropertyownedbyATKandpropertyforwhichATKhaslanduseagreementsinplace.Thebenefitsofthistestsiteincludeitsisolationfrominhabitedareas(-15milesfromthenearesttownofKelton,UTorSnowville,UT)andlimitedvegetation.Thelimitedvegetationaidsintherecoveryoftestedhardwareaswellasreducestheriskoffire.Byallowingtheexemption,continueduseoftheisolatedandcontrolleddropsiteATKmaintainsahighlevelofpublicsafety.4NotificationofAirDroppedFlareTestingFrom:ATKLaunchSysumsBrigbamCity,UtahAttention:Phone:CeOTostingwillb"conductedduringdatuandtimesasindicated,weatherpennitfing.IDateILouiTbneIZuluIQuantity/typeoffbrestobetested:Upto34-LUU19n.,reanembli.._Location::-<orthendoftheGreatSaltLakeat:34.2fromBl\fContbe274"radialDropcoordinates:112°47'30"West41°43'00"WARNING,WARNING.MillhnytrniningJ'outeVR1422-1423I!!:OJ!gf!TestingtoAltitude:From15,500MSL!J?.snrface.AirtJ'flftwillorbitO\'E"I'theth·opru·ea.Tlu·eatisfl·om15,500'l.\IISLtosuJ'faeeAircraftcommunicationswillbeconduct•d.on122.SSAircraftlaunchandreco\·eryBri:lhamCity,Utah(B::\IC)5ThesitehasbeensafelyusedbyATKLaunchSystemsInc.,andThiokolCorporationincoordinationwithAmericanAviationfor12yearsandSunwestAviation,respectivelyforseveralyearspreceding.PriortoeachdropcampaignaNOTAM(seedraftatleft)issenttothefollowingorganizations:-AREASUPERVISOR,FAAPRESCOT-HILLAFBRANGECONTROL-HILLAFBBASEOPERATIONS-FAASLCCENTER-ARTCCMILITARYOPERATIONSSPECIALIST-HILLAFBCLOVERCONTROL-HILLAFBCOMMANDPOSTAgeneralnoticeofoperationisalsosentto:-BOXELDERCOUNTYFlREMARSHALL-BOXELDERSHERIFF'SOFFICE-UTAHDNR,SOVEREIGNLANDSSPECIALIST-BEARRIVERHEALTHDEPARTMENT