Page 1 of 4 American Aviation, Inc. 337 North 2370 West STE 228 Salt L ake Cit y, UT 84116 Office: 801

- 537

- 1537 Fax: 801

- 537

- 1539 Cell: 801

- 209

- 5811 E

- mail americanaviationut@gmail.com January 13, 2012

Doc ket Management Facility US Department of Transportation 1200 New Jersey

Avenue, SE West Building Ground Floor Room W12

- 140 Washington, DC 20590

**SUBJECT :**  **PETITION FOR GRANT OF EXEMPTION** Pursuant to Section s 11 .61 and 11.63 of the Federal Aviation Regulation (FAR), American Aviation, Inc. hereb y petitions the Federal Aviation Administration (FAA) for exemption from FAR Section 119.1(e)(6), to the extent necessary to permit American Aviation, Inc. to fl y 45 miles from the Brigham City airport (BMG) to a te st range operated b y ATK Launch Sy stems for the purpose of dropping flares in support a Department of Defense Contract.

**NATURE AND EXTENT OF REFLIEF 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 pay load 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...”Page 2 of 4

**The extent of relief sought and the reason for the relief sou ght:**  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 Sy stems, In c., originating from the Brigham City Airport (BMC). ATK Launch S ys tems, 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 PA

31, N114SA, has been highl y modified for the flare testing o peration is operated as a Restricted Category

aircraft. The aircraft is only operated in support of ATK Launch Sy stems, 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 b y 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 S ys tems, Inc. has been manufacturing and testing flares, with FAA approval, for the US military

for over 40 y ears. 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 granting this request is in the**  **public interest:** Granting 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 MI L SPECs, flares must be launched from an aircraft in flight. The flares that are being flown and tested on the modified American Aviation, I nc.’s aircraft are used by all branches of the military

and are used in a wide range of US 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 Midd le East. The supply ing of the flares to the military

has been halted because American Aviation has been unable to conduct the flight test and ATK Launch S ys tems cannot validate that the flares meet MIL SPECS. **EQUIVALENT LEVEL OF SAFETY The reasons why g**  **ranting 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 adversel y affect safet y. The flig ht operations conducted b y American Aviation, is highly controlled and regulated b y the compan y. The only flights that are conducted are in direct support of ATK’s testing requirements. During flight operations the aircraft is in constant communications wi th ATK range operations and Salt Lake Air Route Traffic Control Center . The aircraft is operated b y thePage 3 of 4

minimum flight crew necessary to conduct the required flight test operation and launch the flares.
**EXCE PTION TO PUBLICATION OF SUMMARY OF PETITION**  **A summary of why the**  **FAA should**  **not publish**  **a summary of this petition:** Pursuant to 14 C.F.R. 11.87, American Aviation, Inc. respectfully requests that the FAA not publish a summary

of this petition. This request is based on the urgency of the request. Deliveries of the flares to the United States Military have been suspended until the testing of the s ys tems can be resumed. 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 of our operation and the requirement that the flight testing performed must be accomplished over a designated test range and in an aircraf t that has been specificall y modified to meet the requirements of the Department of Defense. (b) We are unaware of an y exemption granted previously that is identical to the relief requested in our petition. (c) The delay

of this action would have an adverse impa ct on ATK’s ability to supply the Department of Defense with critical mission essential flare s ys tems 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 b y military

. (d) Our petition for exemption is being filed in a timely manner. We were advised by the Salt L ake City

Flight Standards District Office on November 15, 2011, that our flight operations, as def ined 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. While, the testing of the flare s ys tems is not classified, any unnecessary

publicity about the flight test program would potentially compromise ATK Launch S ys tems, Inc., proprietary

information and sensitive information on military s ys tems.Page 4 of 4

**SUMMARY A summary to**  **be published in the Federal Register stating the rule from which**  **an exemption is sought, a br ief description of the nature of the exemption sought**  **and any information to support the request:** American Aviation, Inc. requests exemption from FAR 119.1(e)(6) so that it can fl y to a test range located 45 statute miles away from Brigham City

Airport . T he exemption of FAR 119.1(e)(6) will permit American Aviation, Inc. to launch airborne launch ed flares in compliance with testing and validation requirements of the Unit ed States Department of Defense

. **EXERCISING PRIVILEGES OF THIS EXEMPTION OUTSIDE**  **THE U NITED**  **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.

Sincerel y,

Larry Wright President Attachment Power Point Presentation by ATK Launch S ys tems, Inc.