December 10, 2014

Mr. Michael Ingram, Lieutenant

Pasadena Police 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 behalf 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 obtained in the department’s 

refurbished military-surplus OH-58 helicopters. AirOps operates these rotorcraft as public 

aircraft for law enforcement purposes. 

In the Pilot, Flight Instructor, and Pilot School Certification final rule published on August 

21, 2009 (74 FR 42500), the FAA revised § 61.51(j) which, in pertinent part, establishes the 

aircraft and airworthiness requirements pertaining to logging flight time. The revision to 

section 61.51(j) corrected an error in an earlier version of the rule 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:

“The FAA has received several inquiries whether it is permissible 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 disagrees 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 law 
2

enforcement pilot must be operating a public aircraft, as defined under 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 appears that the training flights 

conducted by AirOps can be used by pilots and instructor trainees to log flight time described

by § 61.51. Because the relief you seek is covered by the existing 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

Manager, General Aviation and Commercial Division

Flight Standards Service

Enclosure