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 W right, President, American Aviation, Inc. (American Aviation), 337 North 2370 West, Suite 228, Salt Lake City, UT 84116, petitioned the Federal Aviation Administration (FAA) on beha lf 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-statut e-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 Am erican 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 aircra ft and must be tested in that type of operation in order to ensure the flares meet the proper military specifications. The test2

area drop zone is reported to be 45 miles from the departure airport, Brigham City Airport. American Aviation has been provi ding 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.3

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exem ption 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 m ay 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 out side 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 Milita ry 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 .