Exemption No. 10537 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

AMERICAN AVIATION, INC. Regulatory Docket No. FAA-2012-0075

 

for an exemption from § 119.1(e)(6) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 By letter dated January 13, 2012, Mr. Larry Wright, President, American Aviation, Inc. 

(American Aviation), 337 North 2370 West, Suite 228, Salt Lake City, UT 84116, petitioned 

the Federal Aviation Administration (FAA) on behalf of American Aviation for an exemption 

from § 119.1(e)(6) of Title 14, Code of Federal Regulations (14 CFR). The proposed 

exemption, if granted, would allow American Aviation to conduct parachute operations 

dropping test flares more than 25-statute-miles from the airport of takeoff. 

The petitioner requests relief from the following regulation:

Section 119.1(e)(6) prescribes, in pertinent part, that 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 a 

payload capacity of 6,000 pounds or more, this part does not apply to 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. 

 

The petitioner supports its request with the following information:

AFS-12-183-E 

The petitioner states that American Aviation is providing aviation support to ATK 

Launch Systems, Inc. (ATK), who has a contract with the Department of Defense to 

manufacture military illuminating flares to the DOD’s military specifications. The 

flares are deployed by parachute from an aircraft and must be tested in that type of 

operation in order to ensure the flares meet the proper military specifications. The test 
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area drop zone is reported to be 45 miles from the departure airport, Brigham City 

Airport. American Aviation has been providing this support to ATK for about 25 years 

based upon an authorization or permit issued by the Department of Transportation 

(Special Permit DOT-SP-7648). The aircraft, Piper PA-31 (N114SA) has been highly 

modified for the flare testing operations and is operated as a restricted category aircraft. 

The permit only addressed the issue of hazardous materials (the flares) being allowed 

to be transported on American Aviation’s Piper PA-31. American Aviation states that 

it is the only operator in the United Sates contracted to conduct these highly specialized 

operations and testing, 

At the time the operation began, part 119 did not exist and there was not a mileage 

limitation of parachuting operations. As soon as American Aviation became aware that 

they may not be in compliance with § 119.1(e)(6), they ceased operations immediately. 

This has caused a backlog of flares being tested and may result in a shortage of flares in 

critical war zones for the DOD. 

American Aviation states that it has been conducting operations for many years without 

incident. This operation does not impact safety for the public since it is conducted over 

a highly controlled area of swamp land where there are no residential areas or inhabited 

buildings. The launch aircraft is constantly in contact with ATK range control and Salt 

Lake City Air Route Traffic Control Center (ARTCC). Only essential crew is 

permitted aboard this aircraft during the flare drops. The aircraft used, a Piper PA-31, 

is standard category airplane operated as a restricted category airplane due to installed 

launch equipment. Currently, the airplane is only operated for the purpose of fulfilling 

ATK’s DOD contract. 

 A summary of the petition was published in the Federal Register on March 6, 2012 

(77 FR 13384). No comments were received. 

The FAA’s analysis is as follows:

The FAA has fully considered the petitioner’s request and supporting information. The 

FAA finds that a grant of exemption would be in the public interest and would provide 

a level of safety equivalent to that provided by the current regulations. 

American Aviation has been conducting this operation for many years without incident. 

This does not impact safety for the public since it is conducted over a highly controlled 

area of swamp land where there are no residential areas or inhabited buildings. The 

launch aircraft is constantly in contact with ATK range control and Salt Lake Air Route 

Traffic Control Center (ARTCC). Only essential crew is permitted aboard this aircraft 

during the flare drops. The airplane used, a Piper PA-31, is a standard category 

airplane operated as a restricted category airplane due to installed launch equipment. 

As stated in the applicant’s request, it is in the public’s interest to provide the best 

equipment to our military. ATK would not be able to confirm their flares to be of the 

highest quality without testing. 
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The FAA’s Decision 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, American Aviation, Inc., is granted an exemption from 

14 CFR § 119.1(e)(6) to the extent necessary to allow American Aviation to conduct 

parachute operations dropping test flares more than 25-statute-miles from the airport of 

takeoff, subject to the conditions and limitations listed below. 

Conditions and Limitation 

1. The flare drop operations may only be conducted in support of ATK’s military 

contract. 

2. The aircraft may not conduct parachute operations dropping flares more than 50 

nautical miles from the point of departure. 

3. The pilot must maintain contact with ATK range control and Salt Lake ARTCC while 

conducting flare drop operations. 

4. Flare drop operations may not be conducted outside of ATK’s test range when more 

than 25 nautical miles from the point of departure. 

5. Only essential crew may be aboard the aircraft during the flare drop operations. 

6. Prior to each drop campaign a notice of airmen request must be sent to Area 

Supervisor, FAA Prescot, Hill Air Force Base (AFB) Range Control, Hill AFB Base 

Operations, FAA SLC Center, ARTCC Military Operations Specialist, Hill AFB 

Clover Control and Hill AFB Command Post. 

7. A copy of this exemption must be aboard the aircraft during flare drop operations. 

This exemption expires on May 31, 2014, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on May 21, 2012. 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service .