AFS-14-188-E

March 28, 2014

 Exemption No. 10965

 Regulatory Docket No. FAA-2014-0153

Mr. Gil Lipaz

Tiger Squadron

1917 Livonia Avenue

Los Angeles, CA 90034

Dear Mr. Lipaz:

This letter is to inform you that we have denied your petition for exemption. It transmits our 

decision and explains its basis.

The Basis for Our Decision

By letter dated March 6, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Tiger Squadron (Tiger Squadron) for an exemption from § 91.913 of Title 14, Code 

of Federal Regulations (14 CFR) to the extent necessary to allow Tiger Squadron to operate 

over densely populated areas or in congested airways with aircraft certificated in the 

experimental category. You petitioned for relief from § 91.913 however, relief from § 91.319 

(c) is the relief that is required. We will consider that your intention was to seek relief from § 

91.319 (c).

The petitioner states the Tiger Squadron’s aircraft are all Nanchang CJ6/A military trainers 

maintained to the highest level of care and the pilots are all commercially rated and 

experienced formation pilots who are certified for formation through the Red Star Pilots

Association, a signatory of FAST. Angels stadium sits in Orange County, CA in a largely

industrial area and is adjacent to a large river bed that runs alongside the stadium, literally

within 400 feet of the stadium and immediately alongside the parking area for the stadium, 

providing ample emergency landing contingencies. The flight over the stadium from a 

minimum height of 1,000 agl would amount to a time over the stadium of no more than a few 

seconds. Tiger Squadron, a professional formation team, has had an incident-free record 

having flown a significant number of airshows each year and wishes to provide our services to 

the Angels organization and to its fans.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because this is not a precedent-setting petition, and any delay in acting 

on this petition would be detrimental to the Tiger Squadron.
2

The FAA issued a denial of an exemption in circumstances similar in all material respects to 

those presented in your petition. In Denial of Exemption No. 10853 (copy enclosed), the FAA 

has determined that the operating limitations for experimental category civil aircraft, as 

prescribed in § 91.319, have served to protect persons and property in connection with aircraft 

operations. Historically, the FAA's position on this issue has been that an aircraft with an 

experimental certificate may only be used for the special purpose for which it is certificated 

and not over densely populated areas or on congested airways. This position is due, in part, by

the certification standards required for an aircraft with a normal [standard] airworthiness 

certificate versus an aircraft with an experimental airworthiness certificate. Experimental 

aircraft do not necessarily meet any FAA certification standard.

In addition, Tiger Squadron has not clearly shown that its petition is in the public interest. 

Tiger Squadron has not explained an acceptable means of providing for the safety of the 

uninformed, non-participating public. As a comparison, Living History Flight Experience 

(LHFE) exemptions permitting historic rides require that persons participating in the program 

be advised and acknowledge that the aircraft does not meet FAA certification standards. 

Conversely, Tiger Squadron aircraft would be flown over non-participating members of the 

general public. The general public expects that aircraft operating over them meet the 

certification and safety requirements. Since there is no practical way to advise the nonparticipating public of the hazards, the FAA has determined the petitioner has failed to 

articulate a sufficiently compelling public interest to justify flights over many people.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed Denial 

of Exemption No. 10853;

 the reasons stated by the FAA for denying the enclosed Denial of Exemption No. 10853 

also apply to the situation you present; and

 a grant of exemption would not be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby deny the petition of Tiger Squadron for an 

exemption from 14 CFR § 91.319(c).

Sincerely,

//s//

John S. Duncan

Director, 

Flight Standards Service

Enclosure[s]