March	10,	2015

Docket	Operations

M

- 30 US	Department	of	Transportation 1200	New	Jersey	Ave,	SE West	Building	Ground	Floor	Room	W12

- 140 Washington,	DC	20590

Subject:	Doc.	No. FAA

- 2002

- 12728;	Exemption	7897F from	14	CFR	(FAR	Sections)

– 91.409(e),	91.409(f ),	91.501(a)	and	91.503	thru	91.535

The	National	Business	Aviation	Association,	Inc.	(NBAA)	hereby	petitions	for	an extension	of	Exemption	No.	7897F for	a	period	of	24	months.	Originally,	Exemption 1637	was	granted	on	September	12,	1972	and	was	last	amend ed	by	Exem ption	7897F on	March	22, 2013.	Under	Exemption	No.	7897F the	NBAA	is	granted	an	exemption from	14	CFR	91.409(a)	and	91.501(a)	to	permit	NBAA	Members	to	operate	small	civil airplanes	and	helicopters	of	U.S.	registry	under	the	operating	rules	of	14 CFR	91.503 through	91.535	and	to	select	and	use	an	inspection	program	described	in	14	CFR 91.409(f).	In	addition,	helicopter	operations	are	not	required	to	comply	with	the minimum	safe	altitude	rules	of	14	CFR	91.515(a),	provided	these	operations	comply	w ith the	minimum	safe	altitude	requirements	of	14	CFR	91.119.

The	original	justification	for	this	ex emption	has	been	confirmed	by	43 years	of experience.	Petitioner	is	not	aware	of	any	incidents	or	accidents	attributable	to	faulty maintenance	or	inspection practices	involving	aircraft	operated	under	this	exemption. There	is	evidence	that	this	exemption	has	contributed	materially	to	the	increased	safety of	small	airplane	and	helicopter	operations	by	permitting	utilization	of	continuous inspection	procedures.

Additionally,	the	last	amendment	granted	on	March	22,	2013	included	a	new	limitation previously	not	included	in	earlier	exemptions.		NBAA	requests	the	removal	of	t he limitation	in	Exemption	7897F that	restricts	the	exemption	to	operations	conducted	only

within	the	United	States.

Petitioner	believes	the	reason	for	including	this	limitation	is	because	of	the	operations listed	in	§91.501(b)(5).		This	exemption	existed	for	41	years	before	the	limitation	was included.	Petitioner	is	not	aware	of	any	instance s	of	conflict	in	those	41	years	caused	by any	of	the	conducted	operations	under	§91.501(b)(5).	This	is	evidence	that	this limitation	is	not	a	necessary	precaution	and	should	be	removed.March	10,	2015

Docket	No.	FAA

- 2002

- 12728 Page 2 of 4

NBAA	has	reviewed	all	of	the ICAO	Standards	and	Recommended	Practices	Annexes and has	not	identified	any	elements	of	the	exemption	request	that	would	conflict	with international	standards.		A	specific	review	below	details	each	ICAO	Annex.

Annex	1

This	sectio n	deals	with	personal	licensing	and	does	not	present	any	conflicts	with	14	CFR 91.503	through	14	CFR	91.535.

Annex	2 This	section	deals	with	the	Rules	of	the	Air	and	does	not	present	any	conflicts	with	14 CFR	91.503	through	14	CFR	92.535.

Annex	3

This	se ction	deals	with	Meteorological	Service	for	International	Air	Navigation	and	does not	present	any	conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	4 This	section	deals	with	Aeronautical	Charts	and	does	not	present	any	conflicts	with	14

CFR	91.50 3	through	14	CFR	92.535.

Annex	5 This	section	deals	with	Units	of	Measurements	to	be	Used	in	Air	and	Ground	Operations and	does	not	present	any	conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	6

This	section	of	the	ICAO	Standards	and	Recommen ded	Practices	deals	with	Operation	of Aircraft	and	does	not	present	any	conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	7 This	section	deals	with	Aircraft	Nationality	and	Registration	Marks	and	does	not	present any	conflicts	with	14	CFR	91.503 through	14	CFR	92.535.

Annex	8 This	section	deals	with	Airworthiness	of	Aircraft	and	does	not	present	any	conflicts	with 14	CFR	91.503	through	14	CFR	92.535.

Annex	9 This	section	deals	with	Facilitation	and	does	not	present	any	conflicts	with	14	CFR

9 1.503	through	14	CFR	92.535.March	10,	2015

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- 2002

- 12728 Page 3 of 4

Annex	10 This	section	deals	with	Aeronautical	Telecommunications	and	does	not	present	any conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	11 This	section	deals	with	Air	Traffic	Control	and	does	not	present	any conflicts	with	14	CFR 91.503	through	14	CFR	92.535.

Annex	12 This	Section	deals	with	Search	and	Rescue	and	does	not	present	any	conflicts	with	14

CFR 91.503	through	14	CFR	92.535.

Annex	13

This	Section	deals	with	Aircraft	Accident	and	Incident	Inve stigation	and	does	not	present any	conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	14 This	Section	deals	with	Aerodromes	and	does	not	present	any	conflicts	with	14	CFR 91.503	through	14	CFR	92.535.

Annex	15

This	Section	deals	with	Aeronauti cal	Information	Services	and	does	not	present	any conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

Annex	16 This	Section	deals	with	Environmental	Protection	and	does	not	present	any	conflicts with	14	CFR	91.503	through	14	CFR	92.535.

Annex	17

Th is	Section	deals	with	Safeguarding	International	Civil	Aviation	Against	Acts	of	Unlawful Interference	and	does	not	present	any	conflicts	with	14	CFR	91.503	through	14	CFR

92.535.

Annex	18 This	Section	deals	with	The	Safe	Transport	of	Dangerous	Goods	by	A ir	and	does	not present	any	conflicts	with	14	CFR	91.503	through	14	CFR	92.535.

In	2006,	the	opening	sentence	of	14	CFR	375.37,	a	very	similar	regulation	to	§91.501(b), was	amended.	The	Department	of	Transportation	promulgated	that	it	had	“determined

t hat	there	are	no	ICAO	Standards	and	Recommended	Practices	that	correspond	to	these amendments”	(Exec.	Order	No.	12866,	59	Fed.	Reg.	71	(Mar.	28,	2006)).	The	DOT	has determined	that	there	are	no	international	conflicts	with	companies	reimbursing	for	theMarch	10,	2015

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- 2002

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ope rations	listed	§375.37,	which	would	mean	that	there	are	also	no	international conflicts	with	§91.501(b).

The	FAA	Part	135/125	Aviation	Rulemaking	Committee	(ARC)	reached	consensus	on	a recommendation	document	that	would	incorporate	this	exemption	into	th e	Federal Aviation	Regulations.	NBAA	actively	supported	this	recommendation	and	encourages the	FAA	to	adopt	the	ARC’s	recommendation	in	an	upcoming	rulemaking	initiative, thereby	eliminating	the	need	for	this	exemption	in	the	future.	Until	the	ARC

recommen dation	is	codified,	however,	this	exemption	remains	an	important	component of	the	increased	safety	of	small	airplane	and	helicopter	operations.

Please	contact	me	if	there	is	any	additional	information	we	can	provide	to	support	the processing	of	this	exemp tion	request.

Respectfully	submitted,

Douglas	Carr

Vice	President Regulatory	&	International	Affairs