December 10, 2014

Mr. Michael Ingram

, Lieutenant

Pasadena P olice Department Air Operations Unit

207 N. Garfield Avenue Pasadena, CA 91101

Dear Mr. Ingram :

This is in response to your August 11, 2014, letter sent to the public docket ( No. FAA

- 2014

- 0607 ) petitioning the Federal Aviation Administration

, on behal f of the Pasadena Police Department Air Operations Section ( AirOps )

, for an exemption from § § 61

. 51(j)(1) and (4) of Title 14, Code of Federal Regulations ( 14 CFR)

. That exemption, if granted, would allow AirOps pilots and instructor trainees to log flight time obtain ed in the department’s refurbished military

- surplus OH

- 58 helicopters . AirOps operates these rotorcraft as public aircraft for law enforcement purpose s

.

In the Pilot, Flight Instructor, and Pilot School Certification final rule published on A ugust 21, 2009 (74 FR 42500) , the FAA r evised § 61.51(j) which, in pertinent part, establishes the

aircraft and airworthiness requirements pertaining to logging f light time. The revision to

s ection 61.51(j) correct ed an error in an earlier version of the r ule that prevented the logging of flight time in certain aircraft

. In the preamble to the final rule, the FAA provided clarification concerning the logging of flight time in a public aircraft :

“T he FAA has received several inquiries whether it is permis sible to use surplus military aircraft that do not hold a civilian type designation as an aircraft or an airworthiness certificate for logging flight time to meet the part 61 requirements for a certificate, rating, or recent flight experience

. ” (Reference 74 FR 42515)

“ The FAA d isagree s the rule prohibits law enforcement pilots from being permitted to log flight time. Section 61.51(j)(4) allows logging of flight time if the pilot is engaged in official law enforcement duties in a public aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency. Public Law

106

- 424 (November 1, 2000) provides, in pertinent part, that pilots of a Federal, State, county, or municipal law enforcement agency may log flight time for the purposes of meeting the aeronautical experience requirements for a certificate, rating or recent flight experience under part 61 in limited cases. The stipulation is that the law2 enforcement pilot must be operating a public aircraft, as defined un der 49 U.S.C. 40102; the aircraft must be identified as a category and class of aircraft listed under § 61.5(b); and the aircraft is being used in law enforcement activities of a Federal, State, county, or municipal law enforcement agency

. ” (Reference 74 FR 42516)

Based on the information provided in your request, it appear s that the training flights conducted by AirOps can be used by pilot s and instructor trainees to log flight time describe d by § 61.5 1. Because the relief you seek is covered by the exist ing rule, we will take no further action on your petition.

We trust this letter addresses you concerns. Should you have additional questions, please contact the General Aviation and Commercial Division at (202) 267

- 1110.

Sincerely,

//s//

James A. Viola

Mana ger, General Aviation and Commercial Division Flight Standards Service

Enclosure