U.S. Department 

of Transportation 

Federal Aviotion 

Administration 

Subject: 

GOVERNMENT AIRCRAFT OPERATIONS 

Date: 4/19/95 AC No: 00-1.1 

Initiated by: AFS-220 Change: 

1 PURPOSE. The purpose of this advisory circular (AC) is to 

provide guidance on whether particular government aircraft 

operations are public aircraft operations or civil aircraft 

operations under the new statutory definition of "public 

aircraft." This AC contains the Federal Aviation 

Administrationls (FAA) intended application of key terms in the 

new statutory definition. For operations that have lost public 

aircraft status under the new law, this AC provides information 

on bringing those operations into compliance with FAA safety 

regulations for civil aircraft. It also provides information on 

applying for an exemption. This AC provides acceptable, but not 

exclusive, means of complying with the law. Agencies which 

conduct public aircraft operations are encouraged to comply with 

the Federal Aviation Regulations (FAR), even when they are not 

required to do so. They and the flying public will benefit from 

their voluntary adherence to the enhanced safety standards set 

out in the regulations. The FAA will continue to provide 

assistance to public agencies which seek to voluntarily comply 

with the regulatory requirements. 

2 0 REFERENCE. 49 U.S.C. 5 40102(A) (37). 

3 . RELATED MATERIAL. 

a. AC 00-2.8, Advisory Circular Checklist, lists documents 

that provide guidance on many of the processes required to be 

followed in the certification and operation of civil aircraft. 

b AC 00-44FF, Status of Federal Aviation Regulations, 

provides the current public status of the Federal Aviation 

Regulations (FAR), prices, and order forms. 

c. AC 20-132, Public Aircraft, provides guidance that 

public aircraft status under the Federal Aviation Act does not 

permit operations outside the territorial limits of the United 

States without a valid airworthiness certificate. 
AC 00-1.1 4/19/95 

d AC 120012A, Private Carriage Versus Common Carriage of 

Persons or Property, furnishes general guidelines for determining 

whether transportation operations by air constitute private or 

common carriage. 

e. AC-120-49, Certification of Air Carriers, provides 

information and guidance on the certification process for air 

carriers under FAR Parts 121 and 135. 

f Guide to Federal Aviation Administration Publications 

provides guidance on identifying and obtaining FAA and other 

aviation-related publications issued by the Federal government. 

Note: Copies of the above documents may be obtained 

from the Department of Transportation, M-45.3, General 

Services Section, Washington, DC 20590. m 

. . 

.z--- &-;xb -.- - 

2 

( G%.&- 

\ L. 

omas C. Accardi 

Director, Flight Standards Service 

ii 
4/19/95 AC 00-1.1 

CONTENTS 

Paqe No. 

CHAPTER 1. DETERMINING WHETHER AIRCRAFT OPERATIONS 

ARE PUBLIC OR CIVIL. 

1 l PUBLIC AIRCRAFT DEFINITION. 

a. Background. 

b . Legislative History. 

c. Statutory Text. 

d 0 Operational -Nature of Definition. 

e. Effective Date. 

2 l KEY STATUTORY TERMS. 

a. "For Commercial Purposes? 

b 0 "Whose Presence Is Required to Perform." 

c. "Associated with the Performance of." 

d . "A Governmental Function such as . ..." 

(1) .Exampies. 

(2) "Firefighting." 

0 "Search and Rescue." 

(4) "Law Enforcement." 

(5) "Aeronautical Research." 

(6) "Biological and Geological Resources 

Management." 

(7) "Other Governmental Functions - 

Examples." 

e. "Cost Reimbursement Agreement." 

f . ‘Unit of Government." 

g 0 "Certifies." 

h l "Significant and Imminent Threat . ..." 

i. "No Service by a Private Operator .=* 

Reasonably Available." 

CHAPTER 2. BRINGING OPERATIONS INTO COMPLIANCE. 

3 0 BASIC TYPES OF CIVIL AIRCRAFT OPERATIONS. 

a. FAR Part 91. 

b l FAR Part 125. 

c. FAR Part 121 or 135. 

d 0 FAR Part 133. 

e. FAR Part 137. 

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AC 00-1.1 4/19/95 

Page No. 

4 0 PILOT CERTIFICATION. 

a. Generally. 

b l Domestic Aircraft. 

c. Foreign Aircraft. 

d 0 Medical Certification. 

e. Instrument Rating. 

5 0 AIRCRAFT CERTIFICATION. 

a. Generally. 

b 0 Type Certification. 

c. Aircraft Previously Type Certificated. 

d 0 Aircraft with No Prior Certification. 

e. Airworthiness Certification. 

f 0 Procedures for Obtaining Certificate. 

CHAPTER 3. APPLYING FOR AN EXEMPTION. 

6 l ADMINISTRATOR'S EXEMPTION AUTHORITY. 

a. In General. 

b 0 Statutory Requirements. 

c 0 Delegation of Authority. 

7 0 KEY STATUTORY TERMS. 

a. "The Administrator Finds . . . and . . . 

Certifies." 

b l "Undue Economic Burden." 

c. "Aviation Safety Program." 

d . "Aircraft with No Previous FAA Type 

Certification." 

8 l PETITIONS FOR EXEMPTION. 

a. Procedure. 

b l Contents. 

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4/19/95 AC 00-1.1 

CHAPTER 1. DETERMINING WHETHER OPERATIONS ARE ,PUBLIC OR CIVIL. 

1 0 PUBLIC AIRCRAFT DEFINITION. 

a. Background. In recent years, there has been an 

increasing interest in matters involving operations of public 

aircraft, which are generally exempt from compliance with the 

Federal Aviation Regulations. 

(1) One area of interest is related to government 

agencies' receipt of reimbursement for their operation of 

government-owned aircraft. Prior to the enactment of the Public 

Law 103-411, the Independent Safety Board Act Amendments of 1994, 

‘public aircraft" was defined to exclude "any government-owned 

aircraft engaged in carrying persons or property for commercial 

purposes/ (PA. 100-223, 1987). The FAA's long-standing 

interpretation has been that, where there is a receipt of 

compensation, such an operation is "for commercial purposes" and 

that such an operation therefore is not a public aircraft 

operation. This interpretation has been applied to 

intergovernmental arrangements wherein one government agency 

receives compensation for providing aircraft services to another 

government agency. Such services may be provided for 

firefighting, search and rescue or other governmental functions. 

Many gov-ernment operators objected to the FAA's interpretation, 

claiming that such an interpretation impeded their governmental 

missions. They urged that it was impractical or impossible to 

obtain the services commercially, and that it was too costly to 

conduct their operations under the Federal Aviation Regulations 

as civil aircraft. 

(2) On October 9, 1994, Congress passed the 

Independent Safety Board Act Amendments, Pub. L. 103-411, which 

changed the definition of the term "public aircraft." The law 

was signed by President Clinton on October 25, 1994. 

(3) On January 26, 1995, the proposed advisory 

circular on Government Aircraft Operations was published in the 

Federal Register. 60 Fed. Reg. 5237. The proposed advisory 

circular set forth the FAA's understanding of the terms set forth 

in the new statute and the agency's intended application of those 

terms. The proposed advisory circular requested comments from 

affected parties on the positions taken by the FAA. 

(4) Between January 26 and the current date, the FAA 

received and considered numerous comments from federal, state, 

and local governmental organizations as well as from 

representatives of private aircraft operators. Additionally I 

the FAA received an opinion of the Office of Legal Counsel, 

Chap 1 

Par 1 1 
AC 00-1.1 4/19/95 

United States Department of Justice. That opinion, dated 

March 31, 1995, addresses whether the transport of prisoners on 

government aircraft falls within the statutory definition of 

"public aircraft." The opinion advised that the position taken 

by the FAA in the proposed advisory circular regarding the 

transport of prisoners was unnecessarily restrictive. It 

discusses generally the terms used in that section of the 

statute which relate to the transporting of passengers in 

government-owned aircraft and advises that those terms would more 

appropriately be given a slightly broader interpretation than 

that in the proposed advisory circular. The FAA has modified its 

position to accord with the legal direction received. 

b Legislative History. The general purpose of the new 

law, ai reflected in the legislative history, is to extend FAA 

regulatory oversight to some government aircraft operations. In 

part, Congress determined that government-owned aircraft, which 

operate for commercial purposes or engage in transport of 

passengers, should be subject to the regulations applicable to 

civil aircraft. The new law (with certain exceptions) preserved 

as public aircraft operations, those relating to the performance 

of certain governmental functions and, further, allowed public 

agencies to receive reimbursement from other public agencies for 

some operations conducted in response to significant and imminent 

threats. The FAA was also authorized to grant exemptions for 

operations whose status had changed as a result of the new law. 

CL Statutory Text. The new definition of public aircraft 

enacted by Congress is as follows: 

"(1) an aircraftor 

. (1) used only for the United States Government; 

(ii) owned and operated (except for commercial 

purposes) or exclusively leased for at least 90 continuous days 

by a government (except the United States Government), including 

a State, the District of Columbia, or a territory or possession 

of the United States, or political subdivision of that 

government; but 

(2) does not include a government-owned aircraft- 

(i) transporting property for commercial 

purposes; or 

(ii) transporting passengers other thanChap 1 

Par 1 
4/19/95 AC 00-1.1 

(A) transporting (for other than commercial 

purposes) crewmembers or other persons aboard the aircraft whose 

presence is required to perform, or is associated with the 

performance of, a governmental function such as firefighting, 

search and rescue, law enforcement, aeronautical research, or 

biological or geological resource management; or 

w transporting (for other than commercial 

purposes) persons aboard the aircraft if the aircraft is operated 

by the Armed Forces or an intelligence agency of the United 

States. 

(3) An aircraft described in the preceding sentence 

shall, notwithstanding any limitation relating to use of the 

aircraft for commercial purposes, be considered to be a public 

aircraft for the purposes of this part without regard to whether 

the aircraft is operated by a unit of government on behalf of 

another unit of government, pursuant to a cost reimbursement 

agreement between such units of government, if the unit of 

government on whose behalf the operation is conducted certifies 

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 (including natural resources) 

and that no service by a private operator was reasonably 

available to meet the threat." 49 U.S.C. 40102 (a)(37). 

d Operational Nature of Definition. 

aircraft as 

The status of an 

"public aircraft" or "civil aircraft" depends on its 

use in government service and the type of operation that the 

aircraft is conducting at the time. Rather than speaking of 

particular aircraft as public aircraft or civil aircraft, it is 

more precise to speak of particular operations as public or civil 

in nature. Example: An aircraft owned by a state government is 

used in the morning for a search and rescue mission. During the 

search and rescue operation, the aircraft is a public aircraft. 

Later that same day, however, the aircraft is used to fly the 

governor of the state from one meeting to another. At that time, 

the aircraft loses its public aircraft status and must be 

operated as a civil aircraft. 

e. Effective Date. The effective date of the new statute 

is April 23, 1995. 

2 MEANING OF KEY STATUTORY TERMS. 

words, phrases, 

The FAA interprets various 

and clauses in the statutory definition (in their 

order of appearance in the statute) as follows: 

a. "For Commercial Purposes." The FAA has consistently 

taken the position that this term means ‘for compensation or 

hire". The test historically applied to determine whether an 

Chap 1 

Par 1 3 
AC 00-1.1 4/19/95 

operation is for "compensation or hire" is whether the operator 

receives direct or indirect payment for the operation. It is not 

necessary that a flight be conducted for profit to constitute an 

operation for "compensation or hire," the term may be applicable 

even whe.re there is no intent or ability to make a profit from 

the flight. Even where there is only cost-reimbursement from a 

unit of one government to a unit of another for the operation of 

an aircraft, such reimbursement constitutes Yompensation." 

Accordingly, operations conducted pursuant to cost-reimbursement 

arrangements between units of government are considered to be 

‘for commercial purposes/J The new statute provides a limited 

exception allowing for public aircraft status where the unit of 

government on whose behalf the operation is conducted certifies 

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 was reasonably available to meet the threat. By 

providing this limited exception, Congress clearly recognized 

that operations conducted pursuant to cost-reimbursement 

agreements are to be considered "for commercial purposes/ 

Generally, a transfer of funds by one element of government to 

another element within that same government will not be treated 

as compensation. Operations conducted pursuant to those 

arrangements are not considered "for commercial purposes" where 

the reimbursement is essentially an accounting of transactions 

within the same unit of government. 

(1) One state agency reimburses another agency of the 

same state for conducting operations on its behalf using a stateowned aircraft. If the two agencies share a common treasury, the 

operation is not "for commercial purposes" within the meaning of 

the statute. 

(2) A federal agency reimburses a state agency for 

conducting aircraft operations on the former's behalf using 

state-owned aircraft. Such an operation is considered to be "for 

commercial purposes/ Generally, this operation would be a civil 

aircraft operation, unless the federal agency certified that the 

operation was necessary to respond to a significant and imminent 

threat to life or property (including natural resources) and that 

no service by a private operator was reasonably available to meet 

the threat. In that case, the operation would be considered a 

public aircraft operation. 

b Whose Presence is Required to Perform." This phrase 

means that the person is aboard the aircraft for the purpose of 

performing a task or duty directly related to an ongoing 

governmental function of the sort enumerated in the statute. It 

. indicates that the person's presence is essential to the 

performance of that function. 

Chap 1 

Par 2 
4/19/95 

(1) Examples: 

AC 00-1.1 

(i) Firefighters who are being transported for 

the purpose of engaging in a current firefighting activity are 

considered persons whose presence is essential for the 

performance of that activity. The transport of firefighters 

directly to a firefront by aircraft as part of a mission for 

which the use of an aircraft is necessary would constitute an 

accepted activity. Similarly, the transport of firefighters to a 

base camp by aircraft where they are to be dispersed to the 

firefront may be viewed inthe same manner. 

(ii) Officials who are conducting law enforcement 

operations while in an aircraft would be considered as being 

required for the performance of that governmental function. 

Thus, the carriage of law enforcement personnel performing aerial 

surveillance would be considered as necessary to perform the law 

enforcement function. so too, might officials who are being 

transported for the purpose of engaging in a law enforcement 

activity. For example, the carriage of officers to the scene of 

a public disturbance for the purpose of performing riot control 

duty on the ground would also be included if the effectiveness of 

riot control would be compromised by inability to use the 

aircraft. The movement of law enforcement personnel for 

administrative purposes would not be considered necessary for the 

performance of an excepted government function. 

(iii) Persons engaging in search and rescue 

operations from an aircraft would be considered necessary for the 

performance of the governmental function. Also included would 

be persons who are being carried to a remote search area from 

which they would conduct ground search and rescue operations, 

provided that the use of the aircraft is necessary for the 

performance of that mission. 

(iv) Persons on board aircraft conducting 

aeronautical research who are engaged in the airborne gathering 

of data or information are necessary for performance of the 

governmental function. 

( V 1 Persons on board an aircraft that is engaged 

in biological and geological resource management would be 

included, so long as they perform biological and geological 

resource management-related duties on the aircraft. Also 

included would be persons carried to a location from which they 

would engage in an ongoing operation or mission. 

Chap 1 

Par 2 5 
AC 004.1 4/19/95 

c. "Associated with the Performance of." This clause 

operates to include persons who, 

performing the governmental 

while not directly engaged in 

function, are present on the 

aircraft in connection with that function. 

(1) Examples: 

(i) An official who accompanies firefighters to a 

fire to oversee or assess the success of the operation and/or the 

need to commit further resources to the fire fight would be 

associated with the performance of the governmental function. 

(ii) A ground crew that accompanies a weather 

research aircraft to the theater of operations for the purpose of 

maintaining the aircraft and equipment would be associated with 

the performance of the governmental function. 

(iii) Prisoners who are being transported aboard an 

aircraft are associated with the performance of a law enforcement 

function. 

(iv) Persons who are rescued during a search and 

rescue operation are associated with that function. Also 

included are members of a ground rescue party which assists in 

the search and rescue operation. 

d ‘Governmental Function Such As. M The term "such 

as," when used in the clause "a governmental function such as 

firefighting, search and rescue, law enforcement, aeronautical 

research, or biological or geological resource management" 

indicates that the listed functions are not exhaustive and that 

the exception may apply to other governmental functions as well. 

However, 

functions 

the exception is limited to those other governmental 

that are comparable to and consistent with the listed 

functions. The unifying characteristic shared by the 

governmental functions listed in the statute is that they each 

involve the carriage of persons as part of a mission for which 

the use of an aircraft is necessary. Thus, it is not sufficient 

to merely show that the passengers are being transported to 

perform one of the functions listed in the statute; the use of 

the aircraft must be necessary for the performance of the 

mission. The aircraft would be necessary for the performance of 

a mission if the inability to use the aircraft would compromise 

the effectiveness of that mission. 

(1) Examples: 

. (1) The use of an aircraft for administrative 

travel, such as to attend meetings or make speeches, would not 

be considered necessary for the performance of a listed or 

6 Chap 1 

Par 2 
4/19/95 AC 00-1.1 

comparable governmental mission. Such an operation would not 

qualify for the exception. 

(ii) Training flights would be included if the 

persons on board are being trained on the aircraft to perform one 

of the functions listed in the statute. Flights to transport 

persons to receive ground training would not be included. 

(2) "Firefighting." This term includes the dispensing 

of water or fire retardants on a fire. It also includes the 

transport of firefighters and equipment to a fire or to a base 

camp from which they would be dispersed to conduct the 

firefighting activities. 

(3) "Search and Rescue." This term is commonly used 

to mean operations conducted to locate and rescue persons who are 

lost, injured, and/or exposed to some degree of danger or harm. 

Generally, the use of an aircraft is indispensable to the search 

effort or is the only feasible means of recovering the victim. 

Persons rescued would be considered "associated with" the 

activity. 

(4) "Law Enforcement." Operations requiring the use 

of an aircraft, such as aerial surveillance, fugitive 

apprehension, and riot control would be included. Also included 

would be other situations where the use of an aircraft is 

essential for the performance of an ongoing law enforcement 

mission. For instance, deployment of SWAT teams to the theater 

of operations by aircraft would be included when the use of an 

aircraft is essential for the successful performance of the 

mission. 

(5) ‘Aeronautical Research." This term would include 

flights to measure the performance of aircraft or aeronautical 

components. It would also include atmospheric research, 

meteorological observation and airborne astronomy. 

. 

(6) "Biological and Geological Resource Management." 

This term would include operations which require the use of an 

aircraft for the successful performance of the mission. For 

example, counting wildlife from an aircraft would be included. 

(7) "Other Governmental Functions - Examples:" 

. (1) Medical evacuation. While this term is not 

considered synonymous with "search and rescue," it may be an 

included governmental function, depending on the particular 

circumstances of the operation. Again, the use of an aircraft 

Chap 1 

Par 2 
AC 00-1.1 4/19/95 

must be essential to the successful performance of the mission. 

It is unlikely that the use of an aircraft would be essential for 

a medical evacuation operation in an urban area where other means 

of transportation are routinely available. 

(ii) Aerial Survey. Operations conducted to 

assure compliance with state or local laws or codes are included 

if the inability to use an aircraft would compromise the 

effectiveness of the mission. Examples: 

(A) The identification of environmental 

polluters would be included if the use of an aircraft was 

necessary to locate the offenders. 

(B) Aerial patrol of nuclear test sites to 

deter or locate trespassers would be included. 

e. Yost-Reimbursement Agreement." This term means any 

agreement, oral or written, providing for reimbursement of all or 

part of the costs of an aircraft operation. Any charge or 

payment in excess of the cost of the operation would not 

constitute a cost-reimbursement agreement. 

f l ‘Unit of Government." This term means a government 

body. Generally, the singular characteristic of a unit of 

government in this context is its common treasury. Reimbursement 

for flight operations between two elements of the same unit of 

government would not be considered an operation for "compensation 

or hire." However, the receipt of reimbursement for a flight 

operation from an element of one unit of government to an element 

of a separate unit of government would constitute an operation 

"for commercial purposes/ Such operation would be considered a 

civil aircraft operation, except when the government unit, which 

receives the benefit of the operation, certifies that there is a 

significant and immediate threat to life or property and that no 

private operator is reasonably available. 

g "Certifies." The certification that there is a 

significant and immediate threat to life or property and that no 

private operator is reasonably available should be made by the 

unit of government on whose behalf the operation is conducted. 

Without the certification, the unit of government who receives 

reimbursement for conducting the operation will be assumed to 

have conducted the operation "for commercial purposes." Such an 

operation will be considered a civil aircraft operation and may 

require compliance with FAR Part 121, 125, 133, 135, or 137. 

(1) The certification should include: the date of the 

operation, a description of the flight operation conducted, a 

description of the significant or immediate threat, and an 

8 

Chap 1 

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4/19/95 AC 00-1.1 

explanation of why it was determined that no service by a private 

operator was reasonably available. 

(2) The certification is the responsibility of the 

unit of government which provides the flight operations. It is 

suggested that the certification be completed contemporaneously 

with the operation and be retained by the unit of government 

which operated the aircraft. 

h "Significant and Imminent Threat." This term refers to 

a situation where the public agency responsible for responding to 

a threat has determined that serious injury or death, or 

significant damage to property (including natural resources) is 

present. The agency must also determine that the use of an 

aircraft is necessary to respond to the threat. 

i. "No Service by a Private Operator was Reasonably 

Available." This term means that the public agency responsible 

for responding to a threat has reasonably determined that, at the 

time of the response; no private operator was available and 

capable of responding to the threat in a timely manner. 

Chap 1 

Par 2 9 (and 10) 

4/19/95 AC 00-1.1 

CHAPTER 2. BRINGING OPERATIONS INTO COMPLIANCE. 

3 BASIC TYPES OF CIVIL AIRCRAFT OPERATIONS. The government 

oierator should contact the nearest FAA Flight Standards district 

office (FSDO) for assistance and guidance in bringing its 

operations into compliance with the FAR. For operations 

requiring certification, the FSDO manager will assign an FAA 

aviation safety inspector to assist the government operator 

during the certification process. Initial inquiries about 

certification or requests for applications should be in writing 

or by personal visit to the FSDO. 

a. FAR Part 91. 

(1) FAR Part 91 prescribes the general flight rules 

for all aircraft operations within the United States, including 

the waters within 3 nautical miles of the U.S. coast. 

U.S.-registered civil aircraft are required to comply with FAR 

Part 91. When over the high seas, they must comply with Annex 2 

(Rules of the Air) to the Convention on International Civil 

Aviation. 

(2) FAR Part 91 prohibits a pilot from operating a 

civil aircraft unless it is in an airworthy condition. The pilot 

in commaad (PIC) is responsible for determining whether the 

aircraft is in condition for safe flight. The PIC is required to 

terminate the flight when unairworthy mechanical, electrical, or 

structural conditions occur. In addition, the PIC may not 

operate the aircraft without complying with the operating 

limitations specified in the approved Airplane or Rotorcraft 

Flight Manual, markings, and placards, or as otherwise prescribed 

by the certificating authority of the country of registry. 

(3) Under FAR Part 91, the PIC of an aircraft is 

directly responsible for, and is the final authority as to the 

operation of that aircraft. In case of an inflight emergency, 

the PIC is authorized to deviate from any rule in FAR Part 91 to 

the extent necessary to meet the emergency. However, any PIC who 

deviates from a rule in FAR Part 91 is required, upon the request 

of the Administrator, to send a written report of that deviation 

to the Administrator. 

b 0 FAR Part 125. If an operator uses an airplane with a 

seating configuration for 20 or more passenger seats or a maximum 

payload capacity of 6,000 pounds or more, and is not engaged in 

~common carriage," then FAR Part 125 applies. A person is 

considered to be engaged in "common carriage" when "holding out" 

to the general public or to a segment of the public as willing to 

furnish transportation within the limits of its facilities to any 

Chap 1 

Par 3 11 
AC 00-1.1 4/19/95 

person who wants it. Examples of holding out are as follows: 

advertising through telephone yellow pages, billboards, 

television, radio, and individual ticketing. FAR 

Section 125,11(b) prohibits FAR Part 125 certificate holders from 

conducting any operation which results directly or indirectly 

from holding out to the general public. Further information 

regarding common carriage vs. private carriage can be found in 

AC 120-12. If the operator is engaged in "common carriage," then 

FAR Part 121 or 135 applies rather than FAR Part 125. 

c. FAR Part 121 or 135. When a government-owned aircraft 

is operated \\for commercial purposesN (see paragraph 2(a) above), 

the requirements contained in either FAR Part 121 or 135, 

depending on the type of operation, must be met. Generally, FAR 

Part 121 applies to domestic, flag, and supplemental air carriers 

and commercial operators of large aircraft, while FAR Part 135 

applies to air taxi operators and commercial operators. An 

operator should consult Special Federal Aviation Regulation 

(SFAR) No. 38-2 as well as the applicability provisions of each 

part (FAR Sections 121.1 and 135.1) to determine whether it is 

FAR Part 121 or 135 that applies to a particular operation. The 

FSDO will provide an applicant for a FAR Part 121 or 135 

certificate with a videotape on certification and a copy of 

AC 120-49, Certification of Air Carriers. Once the videotape and 

the AC have been reviewed, the applicant will complete FAA Form 

8400-6, Preapplication Statement of Intent, and the FSDO manager 

will assign a Certification Team to assist the applicant through 

each phase of the certification process. 

d FAR Part 133. 

Operations, 

FAR Part 133, Rotorcraft External-Load 

prescribes the airworthiness certification 

requirements for rotorcraft, and the operating and certification 

rules governing the operation of rotorcraft conducting externalload operations in the United States by any person. The 

certification rules do not apply to a Federal, state, or local 

government conducting operations with a government-owned aircraft 

unless it is operating as a civil aircraft due to receipt of 

compensation. Federal, state, or local governments must; 

however, comply'with all of the other rules contained in FAR 

Part 133, even when operating a public aircraft. 

(1) FAR Part 133 requires that a person must obtain a 

Rotorcraft External-Load Operator Certificate issued by the FAA 

before any rotorcraft external-load operations in the United 

States are begun. This certificate is valid for 240calendar 

months unless it is surrendered, suspended, or revoked prior to 

the expiration date shown on the certificate. 

12 

Chap 1 

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4/19/95 AC 00-1.1 

(2) Rotorcraft used in external-load operations must 

have been type certificated and must continue to meet the 

requirements of FAR Part 27 or 29 or of FAR Section 21.25. 

Rotorcraft must also comply with the airworthiness requirements 

contained in Subpart D of FAR Part 133 and must have a valid 

standard or restricted category airworthiness certificate. At 

the present time, only rotorcraft of U.S. registry are eligible 

for external-load operations. 

(3) Pilots conducting rotorcraft external-load 

operations must have at least a current commercial pilot 

certificate with a rating appropriate to the rotorcraft being 

used, and a Second Class Medical Certificate. 

e. FAR Part 137. FAR Part 137, Agricultural Aircraft 

Operations, prescribes the rules which govern the certification 

and operation of agricultural aircraft operated in the United 

States, and the issuance of either a private or commercial 

agricultural aircraft operator certificate for those operations. 

In a public emergency, a person who conducts agricultural 

aircraft operations may, where necessary, deviate from any 

operating rule contained in FAR Part 137 for relief and welfare 

activities approved by an agency of the United States or of a 

state or local government. However, each person who deviates 

from a rule shall complete a report of the aircraft operation 

involved within 10 days, including a description of the operation 

and the reasons for it, to the nearest FAA FSDO. 

(1) As defined in FAR Part 137, an agricultural 

aircraft operation means the operation of an aircraft for the 

purpose of: 

. (1) dispensing any economic poison; 

(ii) dispensing any other substance intended for 

plant nourishment, soil treatment, propagation of plant life, or 

pest control; or 

(iii) engaging in dispensing activities directly 

affecting agriculture, horticulture, or forest preservation. It 

does not include the dispensing of live insects. Forest 

firefighting is considered to be an agricultural aircraft 

operation. 

(2) FAR Part 137 requires that a person must obtain an 

Agricultural Aircraft Operator Certificate issued by the FAA 

before any agricultural aircraft operations in the United States 

are begun. A rotorcraft may conduct agricultural aircraft 

operations with external dispensing equipment in place without a 

rotorcraft external-load operator certificate. However, an 

Chap 1 

Par 3 13 
AC 00-1.1 4/19/95 

operator with a rotorcraft external-load operator certificate may 

conduct agricultural aircraft operations if it disperses only 

water on forest fires by rotorcraft external-load means without 

an agricultural aircraft operator certificate. A Federal, state, 

or local government conducting agricultural aircraft operations 

is not required to obtain an Agricultural Aircraft Operator 

Certificate. They must; however, comply with all of the other 

rules contained in FAR Part 137. 

(3) Aircraft used in agricultural aircraft operations 

must be certificated and airworthy, and equipped for agricultural 

operation, They must be equipped with a suitable and properly 

installed shoulder harness for use by each pilot. 

(4) Operators conducting agricultural aircraft 

operations must have the services of one person who has at least 

a current U.S. commercial pilot certificate and who is properly 

rated for the aircraft to be used. 

4 0 PILOT CERTIFICATION. 

a. Generally. All civil aircraft are required to be 

operated by pilots certificated under FAR Part 61, Certification: 

Pilots And Flight Instructors. FAR Part 61 prescribes the 

requirements for issuing pilot certificates and ratings, the 

conditions under which those certificates and ratings are 

necessary, and the privileges and limitations of those 

certificates and ratings. 

b Domestic Aircraft. Pilots operating civil aircraft of 

U.S. registry are required to have in their personal possession a 

current pilot certificate issued to them under FAR Part 61. 

U.S.-registered aircraft may be operated in a foreign country 

with a pilot license issued by that country. 

c. Foreign Aircraft. Foreign aircraft may be operated in 

the U.S. by pilots who have in their personal possession current 

pilot certificates issued under FAR Part 61 or a pilot license 

issued to them or validated for them by the country in which the 

aircraft is registered. 

d . Medical Certificate. Pilots operating U.S.-registered 

civil aircraft are required to have in their personal possession 

an appropriate current medical certificate issued to them under 

FAR Part 67, Medical Standards and Certification. FAR Part 67 

prescribes the medical standards for issuing medical 

certificates. A Third Class Medical Certificate is required for 

Private Pilot certification. A Second Class Medical Certificate 

14 

Chap 1 

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4/19/95 

. . 

AC 00-l-.1 

is required for Commercial Pilot certification. A First Class 

Medical Certificate is required for Airline Transport Pilot 

Certification. 

e. Instrument Rating. Pilots operating civil aircraft 

under instrument flight rules or in weather conditions less than 

the minimums prescribed for Visual Flight Rules are required to 

hold an Instrument Rating or an Airline Transport Pilot 

Certificate appropriate for the aircraft flown. 

5 0 AIRCRAFT CERTIFICATION. 

a. Generally. Government aircraft operations that are no 

longer eligible for public aircraft status must now meet the 

civil airworthiness standards for certification of aircraft. 

This includes the-aircraft's engines and propellers as well as 

the aircraft as a whole. A civil aircraft must have a current 

airworthiness certificate to operate in the National Airspace 

System. Additionally, all civil aircraft must meet the following 

requirements: 

(1) The aircraft must have an effective U.S. 

registration certificate on board during all operations as 

required by FAR Section 91.203. 

(2) An appropriate and current airworthiness 

certificate must be displayed in accordance with FAR 

Section 91.203(c). An airworthiness certificate is effective as 

long as the maintenance, preventative maintenance, and 

alterations are performed in accordance with FAR Parts 21, 43, 

and 91, as appropriate, and the aircraft is registered in the 

United States. 

(3 The aircraft must have been inspected in 

accordance with FAR Section 91.409 within the preceding 

120calendar months. 

(i) If the government agency plans to use a 

progressive inspection program, it must submit a written request 

to the FAA. The request must be sent to the FSDO having 

jurisdiction over the area in which the applicant is located and 

the applicant must be able to meet the requirements identified in 

FAR Section 91.409(d). 

(ii) Large airplanes, turbojet multiengine 

airplanes, turbopropeller-powered multiengine airplanes, and 

turbine-powered rotorcraft must have a program approved that 

meets the requirements of FAR Section 91.409(e). 

Chap 1 

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AC 00-1.1 4/19/95 

(4) All maintenance and required inspections must have 

been completed by a person authorized under FAR Sections 43.3 and 

43.7. Additionally, the maintenance and inspections performed 

must be recorded in accordance with FAR Sections 43.9 and 43.11. 

FAR Part 43 prescribes the rules governing the maintenance, 

preventative maintenance, rebuilding, and alteration of civil 

U.S.-registered aircraft. 

(5) Any alterations to the aircraft must have been 

accomplished and returned to service by an appropriately 

certified and authorized person under FAR Part 43. 

(6) Aircraft operations for compensation or hire must 

be performed in accordance with the appropriate Air Operations 

Certificate, e.g., FAR Part 125, 135, etc. 

b Type Certification. 

certification, 

Prior to airworthiness 

the type design must be certificated by the FAA. 

Section 603(c) of the Federal Aviation Act of 1958 makes a type 

certificate a prerequisite for issuance of airworthiness 

certificates. Each government operator who wishes to determine 

the eligibility of its aircraft for civil operations must contact 

the responsible geographic Aircraft Certification Office (ACO) 

for assistance in seeking either: 

(1) design approval for aircraft that have been type 

certificated in the past; or 

(2) type certification approval of aircraft that have 

been operated in the past under public aircraft status without a 

type certificate. 

c. Aircraft Previously Type Certificated. If the aircraft 

was originally built to an FAA type certificate, the Aircraft 

Certification Office will review the type certificate data and 

make a comparison with the aircraft's current design and 

condition. 

(1) The applicant should provide the FAA Aircraft 

Certification Office with the technical information to assist in 

the following: 

( i 1 a review of type design for any 

engineering changes or modifications; 

(ii) a review of replacement parts and 

technical data on the replacement parts; 

(iii) 

Directives (AD); 

a review of applicable Airworthiness 

16 

Chap 1 

Par 5 
4/19/95 AC 004.1 

(iv) a review of previous operating regimes; 

( V 1 if needed, application of later 

regulatory amendments or special conditions for any changes found 

necessary to establish current airworthiness standards for safe 

design. 

(2) The applicant must provide accurate records of any 

changes from the approved type design that are necessary to 

establish the current design. The applicant should update all 

maintenance manuals as necessary. If there has been a 

substantial change in the type design, e.g., in the 

configuration, power, power limitations, speed limitations, or 

weight that have proven so extensive that a substantially 

complete investigation of compliance with the applicable 

regulations is required, the owner will be required to apply for 

a new type certificate. 

d Aircraft with No Prior Certification. It may be 

difficult to obtain type certification of aircraft that have no 

history of civil certification. However, if a government 

operator wishes to apply for type certification, it should file 

an application for a type certificate on FAA Form 8110.12. The 

applicant must submit the application and all type design data 

for the aircraft, including the aircraft's engines and 

propellers, to the Aircraft Certification Office in its 

geographic area for approval. The application form must be 

accompanied by a three-view drawing and available basic data so 

that a preliminary regulatory certification basis may be 

established. The applicable airworthiness certification 

regulations, i.e., FAR Part 23, 25, 27, 29, 33, 35, etc., will be 

those that are in effect on the date of application for the 

certificate, unless otherwise noted in the regulations. The 

applicant must submit the type design, test reports, and 

computations necessary to show that the product to be 

certificated meets the applicable airworthiness, aircraft noise, 

fuel venting, and exhaust emission requirements of the FAR. Upon 

examining the data and test reports, participating in testing, 

and inspecting the prototype aircraft, the Administrator must be 

able to find that the type design in fact complies with the 

above-mentioned regulations. 

e. Airworthiness Certification. An operator of an aircraft 

that has been operated in public aircraft status cannot obtain a 

standard airworthiness certificate or return the aircraft to 

civil operations without showing that the aircraft meets all the 

criteria for that airworthiness certificate as prescribed by the 

regulations. Making that showing may be difficult when the 

aircraft has not been maintained, altered, or inspected in 

Chap 1 

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AC 00-1.1 4/19/95 

accordance with the FAR. In order to receive a standard 

airworthiness certificate, the operator should show that the 

aircraft has been maintained according to the manufacturer's 

instructions, and that any modifications to the aircraft either 

were removed or approved by the FAA, Before a standard 

airworthiness certificate can be issued, the applicant must show 

that: 

(1) The aircraft conforms to its approved type design 

and is in condition for safe operation. 

(2) Any alterations were accomplished in accordance 

with an approved supplemental type certificate (STC) or other FAA 

approved data, such as a field approval as reflected by the 

issuance of an FAA Form 337, Major Repair or Alteration. 

(3) All applicable AD's have been complied with. 

(4) If altered while in another category, the aircraft 

continues to meet, or has been returned to, its approved type 

design configuration and is in a condition for safe operation. 

. 

f Procedures for Obtaining Certificate. Applicants 

interested in obtaining an airworthiness certificate must follow 

the following procedures. 

(1) Applicants are required to submit a properly 

executed Application for Airworthiness, FAA Form 8130-6, and any 

other documents called for in FAR Parts 21 and 45 for 

certification. An applicant may obtain an FAA Form 813076, 

"Application for Airworthiness" from the local Manufacturing 

Inspection district office (MIDO) or FSDO. The applicant must 

have completed and signed the appropriate sections prior to 

submitting it to the FAA. 

(2) The applicant is required to make available for 

inspection and review the aircraft, aircraft records, and any 

other data necessary to establish conformity to its type design. 

(3) The'applicant must properly register the aircraft 

in accordance with FAR Part 47, Aircraft Registration. 

(4) The applicant is also required to show that the 

aircraft complies with the noise standards of FAR 

Sections 21.93(b), 21.183(e), Part 36, or Part 91, as 

appropriate. This may be demonstrated through the use of data. 

Also, the applicant is required to show that the aircraft's fuel 

venting and exhaust emission systems comply with the requirements 

of FAR Part 34. In addition, the applicant must show the 

18 

Chap 1 

Par 5 
4/19/95 AC 00-1.1 

aircraft meets the applicable passenger emergency exit 

requirements of FAR Section 21.183(f) and SFAR No. 41. 

(5) During the course of the certification process, the 

FAA will review records and documentation to the extent necessary 

to establish that: 

( i ) All of the required records and 

documentation are provided for the aircraft; i.e., an up-to-date 

approved flight manual, a current weight and balance report, 

equipment list, maintenance records, FAA-accepted Instructions 

for Continued Airworthiness (ICAW) and/or FAA-acceptance 

maintenance manual(s) (MM), and any other manuals required by FAR 

Sections 21.31, 21.50, 23.1529, 25.1529, 27.1529, 29.1529, 33.4, 

and 35.4. These documents must be in the English language. 

(ii) The applicant should ensure that the 

appropriate markings are present in accordance with FAR Part 45. 

The applicant should make available the Type Certificate Data 

Sheets (TCDS), aircraft specification, or aircraft listing that 

is applicable. 

(iii) The inspection records and technical data 

should reflect that the aircraft conforms to the type design, and 

all required inspections, including those provided for in FAR 

Section 21.183(d)(2), which provides for a lOO-hour inspection, 

as described in FAR Section 43.15 and Appendix D. The applicant 

must also show that the tests the aircraft has been subjected to 

have been satisfactorily completed, the records completed, and 

reflect no unapproved design changes. 

(iv) The aircraft has been flight tested, if 

required. If it has not been flight tested, the FAA may issue a 

special airworthiness certificate as provided for in FAR 

Sections 21.35 and 21.191(b). The flight test must be recorded 

in the aircraft records in accordance with FAR 

Section 91,417(a)(2)(i) as time in service as defined in FAR 

Part 1. Aircraft assembled by a person other than the 

manufacturer (e.g., a dealer or distributor) must have been 

assembled and, when applicable, flight tested in accordance with 

the manufacturer's FAA-approved procedures. 

( V 1 Large airplanes, turbojet, or 

turbopropeller multiengined airplanes must comply with the 

inspection program requirements of Subpart C of FAR Part 91 or 

other FAR referenced therein. A supplemental structural 

inspection program is also required for certain large transport 

category airplanes. Reference AC 91-56, Supplemental Structural 

Inspection Program for Large I Transport Category Airplanes. 

Chap 1 

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AC 00-1.1 4/19/95 

(6) Inspection of the aircraft. Aircraft submitted by 

the applicant for inspection will be inspected for the following: 

. (1) The nationality and registration marks and 

identification plate should be displayed and marked in 

accordance with FAR Part 45. The information presented should 

agree with the application for airworthiness certification. 

(ii) All equipment, both required and.optional, 

should be properly installed and listed in the aircraft equipment 

list. 

(iii) Instruments and placards should be located in 

the appropriate places, installed, and properly marked in the 

English language. 

(iv) All applicable AD's must have been complied 

with and appropriately recorded. 

w The aircraft should conform to its approved 

U.S. type certificate and should be in a condition for safe 

operation. 

(vi) All aircraft systems should have been 

satisfactorily checked for proper operation. The operation of 

the engine(s) and propeller(s) should be checked in accordance 

with the aircraft manufacturer's instructions. 

20 

Chap 1 

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4/19/95 AC 00-1.1 

CHAPTER 3. APPLYING FOR AN EXEMPTION. 

6 . ADMINISTRATOR'S EXEMPTION AUTHORITY. 

a. In General. The FAA Administrator has the authority to 

grant exemptions, provided certain requirements are met, to units 

of government for operations that do not have public aircraft 

status. The Independent Safety Board Act Amendments of 1994, 

Pub. L. 103-411, provide, in pertinent part: r 

(1) AUTHORITY TO GRANT STATUTORY EXEMPTIONS. 

. (1) IN GENERAL. The Administrator of the Federal 

Aviation Administration may grant an exemption to any unit of 

Federal, State, or local government from any requirement of 

part A of subtitle VII of title 49, United States Code, that 

would otherwise be applicable to current or future aircraft of 

such unit of government as a result of the amendment made by 

subsection (a) of this section (the revised ‘public aircraft" 

definition). 

Note: The above provision authorizes exemptions from the United 

States Code--specifically, the Federal Aviation Act of 1958, as 

amended and recodified- rather than from the regulations. The 

above provision authorizes such exemptions only for operations 

whose status has changed as a result of the revised definition of 

public aircraft. This authorization does not apply to operations 

conducted for commercial purposes, in as much as they were 

considered civil aircraft operations under both the original and 

revised definitions. 

b 

follows: 

Statutory Requirements. The statute provides as 

(1) The Administrator may grant an exemption [to a 

unit of government] . . . only if- 

(i) the Administrator finds that granting the 

exemption is necessary to prevent an undue economic burden on the 

unit of government and 

(ii) the Administrator certifies that the aviation 

safety program of the unit of government is effective and 

appropriate to ensure safe operations of the type of aircraft 

operated by the unit of government. 

Independent Safety Board Act Amendments of 1994, Section (b)(Z), 

Pub. L. 103-411 (emphasis added). 

Chap 1 

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AC 00-1.1 4/19/95 

c. Delegation of Authority. In the interest of 

administrative efficiency, the Administrator's authority to grant 

exemptions to units of government has been delegated to the 

Director, Flight Standards Service, and the Director, Aircraft 

Certification Service. FAR Section 11.25(b)(6). 

7 0 KEY STATUTORY TERMS. 

a. "The Administrator Finds ..@ and .*. Certifies." This 

language indicates that the Administrator, or his or her 

delegate, is to make an independent determination as to whether 

the statutory requirements for granting an exemption have been 

met. This is in contrast to an earlier portion of the statute in 

which the unit of government rather than the Administrator makes 

the required certifications (that the operation was necessary to 

respond to a significant and imminent threat, and that no private 

operator was reasonably available to meet the threat). 

b 'Undue Economic Burden." One finding that the 

Administrator or his or her delegate must make before granting an 

exemption is that the exemption is necessary to prevent an undue 

economic burden on the unit of government. "Undue economic 

burden" means that it would cost substantially more to comply 

with FAA regulations than with "an aviation safety program that 

is effective and appropriate to ensure safe operations of the 

type of aircraft operated by the unit of government" under the 

statute's exemption provision. To show "substantial additional 

costs, N a petitioner for exemption should submit information that 

will allow the FAA to compare the cost of operating in compliance 

with Part A of Subtitle VII of Title 49 of the United States Code 

with comparable costs if an exemption were granted. 

c. ‘Aviation Safety Program." The Administrator or the 

Administrator's delegate may not grant an exemption to a unit of 

government without certifying that the aviation safety program of 

the unit of government is "effective and appropriate to ensure 

safe operations of the type of aircraft operated by the unit of 

government." As a result, in the petition for an exemption, the 

petitioner must show to the Administrator's satisfaction that the 

petitioner's aviation safety program is effective and appropriate 

to ensure safe operations of the type of aircraft operated by the 

petitioner. Example: A unit of government applies for an 

exemption on an aircraft whose wings were modified to carry 

external pods for various surveillance activities. In its 

proposed aviation safety program, the unit of government would 

need to identify how the continued airworthiness of the 

modification will be accomplished. At minimum, the following may 

be required: a special structural inspection at the wing attach 

points, additional training for pilots operating the aircraft 

22 

Chap 1 

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4/19/95 AC 00-1.1 

during pod installations, and flight manual changes to reflect 

any new operating limitations that may be necessary due to the 

modifications. 

d Aircraft with No Previous FAA Type Certification. It 

may be'difficult for units of government to show that, for 

aircraft having no previous FAA type certification, e.g., 

military surplus aircraft, they have \\san aviation safety program 

that is effective and appropriate to ensure safe operations of 

the type of aircraft operated by the unit of government." In 

order to make the "effective and appropriate aviation safety 

program" finding, the FAA must be assured that the safety ofthe 

aircraft in question is comparable to that provided by the FAR. 

Aircraft that have no history of civil certification often 

present significant "unknowns" when it comes to such critical 

safety matters as life-limited parts and aircraft design. Thus, 

such aircraft often do not have the basis on which to build an 

aviation safety program that is effective and appropriate to 

ensure safe operations. A unit of government developing a 

proposal for an aviation safety program may find the information 

below helpful: 

(1) Generally. Subpart E of FAR Part 91 prescribes 

the rules governing the maintenance, preventative maintenance, 

and alterations of U.S.- registered aircraft civil aircraft 

operating within and outside the United States. FAR 

Section 91.403 states that the owner or operator of an aircraft 

is'primarily responsible for maintaining that aircra'ft in an 

airworthy condition, including compliance with FAR Part 39. FAR 

Part 39 describes the requirements for compliance to AD's issued 

by the FAA. 

(2) Inspection Programs. Operators of large aircraft, 

turbojet multiengine airplanes, or turbopropeller powered 

multiengine airplanes, should select and use one of the four 

inspection program options outlined in FAR Sections 91.409(e) and 

(f) l 

'(i) For one of the four inspection program 

options, that identified in FAR Section 91.409(f)(4), the 

inspection program submitted should be compared with the 

manufacturer's recommended program. Where there is no 

manufacturer's program, a time-tested program should be utilized. 

The program developed must provide a level of safety equivalent 

to or greater than that provided by the other inspection options 

identified in FAR Section ‘91.409(f). 

(ii) For the other three inspection options 

outlined in FAR Sections 91.409(e) and (f), the basis for the 

development of the inspection program or the instructions for 

Chap 1 

Par 7 23 
AC 00-1.1 4/19/95 

continued airworthiness, including the detail of the parts and 

areas of the airplane to be inspected, is the manufacturer's 

recommendations. In the case of surplus military aircraft, the 

manufacturers provide this basic information to the specific 

military service that has contracted for the airplane. The 

military service then develops a reliability-centered maintenance 

program to meet its needs and environment which are often 

comparable to the continuous airworthiness maintenance programs 

developed by air carriers. 

(iii) In many cases, manufacturers may be unwilling 

or unable to provide instructions for continued airworthiness for 

operation of the airplane in other than a military environment. 

Therefore, in keeping with existing policy as provided by the 

FAA, the only reasonable basis that for detailing the inspection 

criteria for the aircraft to be inspected, as required by FAR 

Section 91.409(g)(l), is the scope and detail developed by the 

applicable military service. 

(iv) In addition to the "field" level inspection 

requirements set forth in the military maintenance program, the 

"depot" level inspection requirements should also be included in 

any inspection program approved under FAR Section 91,409(f)(4). 

The military "field" level maintenance is roughly equivalent to 

the civil terminology that air carriers use to describe "A, B or 

C" checks. The military "depot" level maintenance is comparable 

to the "heavy C or D" checks used by air carriers. Some air 

carriers may use a numerical description verses the alphabetical 

identifier for inspection checks. 

(W The inspection frequency and program 

structure established by the military may not be appropriate for 

use in a civilian environment. Therefore, inspection frequency 

and program structure may require adjustment to meet the 

government operator's requirement. However, facts and sound 

judgment must form the basis for any inspection frequency 

adjustment beyond that which has been established for use by the 

military. 

(vi) An alternate means of compliance for 

individual specific inspection requirements, in lieu of that 

which is called for in the military "field" or "depot" level 

programs, may be approved following evaluation of the applicant's 

inspection process instructions. 

(vii) Revisions to an operator's existing approved 

inspection program can be requested by the Administrator in 

accordance with FAR Section 91.415. 

24 

Chap 1 

Par 7 
4/19/95 AC 00-1.1 

(3) Persons Conducting Inspections and Maintenance. 

The program proposed by the petitioner should include procedures 

to insure that inspections and maintenance tasks are performed by 

persons authorized by FAR Sections 43.5 and 43.7. 

(4) Modifications and Repairs. The program must 

identify all major modifications and repairs accomplished since 

the aircraft was put into service. Additionally, all further 

modifications and major repairs will need to be approved in the 

same format as required for civil aircraft under the regulations. 

8 0 PETITION FOR EXEMPTION. 

a. Procedure l FAR Sect ion 11.25--contains the procedures 

to be foil owed by a unit of go vernment seeking any kind of 

exemption. The petition for exemption should be submitted in 

duplicate to the Rules Docket (AGC-lo), Federal Aviation 

Administration, 800 Independence Avenue, SW., Washington, DC 

20591. Under FAR Part 11, petitions for exemption are published 

in the Federal Register for notice and comment period. 

b . Contents. The petition for statutory exemption must 

set forth the text or substance of the statute from which the 

exemption is sought. (As noted above, Congress authorized 

exemptions from the statute- the Federal Aviation Act of 1958, as 

amended and recodified-- rather than from the regulations). The 

petition for exemption must contain any information, views, or 

analysis available to the petitioner to show that the statutory 

requirements for granting an exemption have been met--i.e.: 

(1) that the exemption is necessary to prevent an 

undue economic burden on the unit of government; and 

(2) that the aviation safety program of the unit of 

government is effective and appropriate to ensure safe operations 

of the type of aircraft operated by the unit of government. 

Individuals drafting a petition for exemption on behalf of a unit 

of government should familiarize themselves with FAR Part 11. 

Chap 1 

Par 7 25 


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Washington, D.C. 20591 

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