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 of4 
Exemption 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-E 
2 

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 best 
3 

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 
... 

·. 

Supporting Data and Information 

for 

American Aviation Request for exemption from 14 CFR 119

Provided by ATK Launch Systems Inc. 

Prime Contractor for LUU Flares to US Government 
• The LUU-2/B visible light flare was initially certified for US DOD operat

late 1960's and was used extensively in the Vietnam conflict. 

• The LUU-19 flare was qualified for use by USAF in 1999 

• The production site at Promontory has produced over 1.8 million LUU 

• Over 300 flight tests have been performed for acceptance by the US g

• LUU flares have been and continue to be supplied to more than 25 gov

around the world. 

• ATK on a consistent basis, responds to global 

Government requests for cooperation to integrate 

the LUU flares into new platform applications 

• The experience gained from 40 years of flare 

production has yielded continuous process and 

design improvements that make the safety and 

performance of the ATK LUU flare the best in the 

world 

2 

Cotnbat S
An exemption is sought from 14 CFR 119.1(e)(6) which states part 119 does not apply to: "Nonstop flights 

within a 25 statute mile radius of the airport of takeoff carrying persons or objects for the purpose of condu

parachute operations." 

Relief from the 25 statute mile limit to the extent of 45 miles is necessary to continue using the legacy test 

used for the purpose of performing the flight requirements for Lot Acceptance Testing (LAT) for LUU flares

flares produced must undergo LAT to demonstrate proper function per US DOD specifications before bei

the US DOD and/or one of 25 other foreign government customers. 

The LUU flares have been manufactured and tested, with FAA approval, in Utah for over 40 years to supp

Military operations and life saving search and rescue (SAR) operations by providing broad field illuminatio

Only recently during the renewal of the aircrafts Special Permit DOT SP-7648 were we notified by the loca

parachute operations are to be limited to within 25 statute miles of the airport of take off and that 14 CFR 

cannot be waived. Because of this, we have been unable to meet the current needs of the Department of 

3 
• J\ 

Ll 

47' 

4 

The figure above illustrates the drop zone and flight path that is used during the flare test operation. Drop

zone is coordinated between the pilot and test conductor on the ground. The pilot will fly a heading thru th

and the test conductor will issue the drop command to the pilot via radio. 

ATK desires to use the historical test site as it consists of property owned by ATK and property for which A

use agreements in place. The benefits of this test site include its isolation from inhabited areas (-15 mile

nearest town of Kelton, UT or Snowville, UT) and limited vegetation. The limited vegetation aids in the re

tested hardware as well as reduces the risk of fire. By allowing the exemption, continued use of the isolate

controlled drop site ATK maintains a high level of public safety. 

4 
Notification of Air Dropped Flare Testing 

From: ATK Launch Sysums 

BrigbamCity, Utah 

Attention: 

Phone: 

CeO 

Tosting will b" conducted during datu and times as indicated, weather pennitfing. 

I Date I LouiTbne I Zulu I 

Quantity/type of fbres to be tested: Up to 34- LUU 19 n.,re anembli.._ 

Location: :-<orth end of the Great Salt Lake at: 34.2 from Bl\fC on tbe 274" radial 

Drop coordinates: 

112°47' 30" West 

41°43' 00" 

WARNING, WARNING 

.Millhny trnining J'oute VR 1422- 1423 

I!!:OJ!gf! 

Testing to 

Altitude: From 15,500 MSL 

!J?.snrface. AirtJ'flft will orbit O\'E"I' the th·op ru·ea. 

Tlu·eat is fl·om 15,500' l.\IISL to suJ'faee 

Aircraft communications will be conduct•d. on 122.SS 

Aircraft launch and reco\·ery Bri:lham City, Utah (B::\IC) 

5 

The site has been safely used by ATK La

and Thiokol Corporation in coordination w

Aviation for 12 years and Sunwest Aviatio

several years preceding. 

Prior to each drop campaign a NOT AM (s

sent to the following organizations: 

-AREA SUPERVISOR, FAA PRESCOT -HILL AFB RANGE CONTROL 

-HILLAFB BASE OPERATIONS 

-FAA SLC CENTER -ARTCC MILITARY OPERATIONS SPEC

-HILL AFB CLOVER CONTROL 

-HILL AFB COMMAND POST 

A general notice of operation is also sent 

-BOX ELDER COUNTY Fl RE MARSHAL

-BOX ELDER SHERIFF'S OFFICE -UTAH DNR, SOVEREIGN LANDS SPEC

-BEAR RIVER HEALTH DEPARTMENT