Page 1 of 4

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 13, 2012

Docket 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 Sections 11.61 and 11.63 of the Federal Aviation Regulation (FAR), 

American Aviation, Inc. hereby 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 fly 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 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 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...” 
Page 2 of 4

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 PA31, N114SA, has been highly modified for the flare testing operation is operated as a 

Restricted Category aircraft. The aircraft is only operated in support of ATK 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 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 

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 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 Middle East. The supplying of the 

flares to the military has been halted because American Aviation has been unable to 

conduct the flight test and ATK Launch Systems cannot validate that the flares meet MIL 

SPECS. 

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 ATK range 

operations and Salt Lake Air Route Traffic Control Center. The aircraft is operated by the 
Page 3 of 4

minimum flight crew necessary to conduct the required flight test operation and launch 

the flares. 

 

EXCEPTION 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 systems 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 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 delay of this action would have an adverse impact on ATK’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 military.

(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. 

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. 

 
Page 4 of 4

SUMMARY 

A summary to be 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 119.1(e)(6) so that it can fly to a 

test range located 45 statute miles away from Brigham City Airport. The exemption of 

FAR 119.1(e)(6) will permit American Aviation, Inc. to launch 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.

Sincerely,

Larry Wright

President

Attachment

Power Point Presentation by ATK Launch Systems, Inc.