December 20, 2013

Mr. Richard Terrill

P.O. Box 2220 Saratoga, CA 95070

- 0220

Dear Mr. Terrill:

On April 2, 2013, (Docket No. FAA

- 2013

- 0344)

, you petitioned the Federal Aviation Administration (FAA) to clarify 14 CFR § 91.205(a)(11), which states, in pertinent part, for small civil airplanes certificated after March 11, 1996, in accordance with part 23 of this chapter, an approved aviation red or aviation whit e anticollision light system is required for VFR flight during the day. In the event of failure of any light of the anticollision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.

In your petiti on you requested clarification of 14 CFR § 91.205(a)(11) when you intended to refer to § 91.205(b)(11). In your petition, you request that the FAA reword § 91.205(b)(11) to clarify that this section only requires a single, fully operational anticollision light system. You state that when an aircraft has more than one set of anticollision lights installed on the aircraft (e.g. strobes and beacons), they are two separate systems such that if one set is not working the other could be used and the aircraft w ill still be airworthy.

Y ou suggest that the following language be added to the text of the regulation: “If an aircraft has two or more anticollision light systems installed, only one of the light systems must be fully operational for the aircraft to b e airworthy. In aircraft with only one anticollision light system installed, in the event of a failure of any light of the anticollision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.” You exp lain that amending this regulation will preclude misinterpretation that has led to unnecessary canceling of flights and will prevent frustration, thus benefitting the public

interest.

When the FAA responds to petitions for rulemaking, it must follow the requirements of 14 CFR Part 11, particularly those guidelines outlined in 14 CFR § 11.73. As stated in that section, the FAA uses the following criteria when making a decision as to whether or not to amend current regulations based on a petition for rulemaking:

1) the immediacy of the safety or security concerns the petition raises; 2) the priority of other FAA issues; and 3) the resources we have available to address these issues.2

As d iscussed above, 14 CFR § 91.205(b)(11) requires an approved aviation red or aviation white anticollision light system for VFR flights during the day for small civil airplanes. As evident from the plain meaning of the regulation, this section only requires that an aircraft be equipped with a single anticollision system. See Final Rule preamble, 61 FR 5151 (“[p]roposed new § 91.205(b)(11) would require that airplanes certified under § 23.1401 be equipped with an anticollision light system ...” ) [emphasis adde d]. Additionally, the airworthiness standard states that “[t]the airplane must have an anticollision system that...consists of one or more approved anticollision lights...” Therefore, when both strobe lights and beacons are approved and installed on an aircr aft, they are considered to be the same anticollision lighting system. See § 91.209(b); Legal Interpretation to Daniel Murphy from Rebecca B. MacPherson, Assistant Chi ef Counsel for Regulations (January 11, 2011).

The FAA does not agree the text of this regulation, as written, is ambiguous or requires clarification. The original intent of the regulation required that only one anticollision light system be required on each aircraft, and that the lights of that system be approved and governed by the airwo rthiness standards contained in § 23.1401. In general, there is no relief if any light of the anticollision light system has failed and in the event of failure of any light of the anticollision light system , an operation of an aircraft may continue to a location where repairs or replacement can be made. However, the FAA notes that relief may be granted under § 91.213(a), inoperative instruments and equipment . Following the master minimum equipment list approval process, it has allowed one or more anti

- c ollision lights to be inoperative on certain makes and models, depending upon the configuration of the installed

anti

- collision light system.

If you have any additional questions, you are encouraged to contact your local Flight

Standards District Offic e (FSDO). Given the reasons outlined above, the FAA is unable to consider and thereby must deny your petition for rulemaking in accordance with 14 CFR § 11.73.

Accordingly, Docket No. FAA

- 2013

- 0344 is being closed.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, Flight Standards Service