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# 4mericaii AVIATION Bountiful Skypark Airport 1887 South 1800 West #8 Woods Cross, UT 84087 Office: 801-294-4121 Fax: 801-294-4123 Cell801-209-5811 americanaviationut@qmail.com

March 1, 2016 U.S. Department ofTransportation Docket Operations West Building Ground Floor Room W12-140 1200 NewJersey Avenue, SE Washington, DC 20590



### SUBJECT: PETITIONFORRENEWAL OF GRANT OF EXEMPTION Pursuantto Sections 11.61 and 11.63 ofthe Federal Aviation Regulation (FAR), American Aviation, Inc. hereby petitions the Federal Aviation Administration (FAA) for a renewal ofexemption from FAR Section 119.1(e)(6), to the extent necessary to permit American Aviation, Inc. to continue flying 45 miles from the Brigham City airport (BMG) to a test range operated byATK Launch Systems for the purpose ofdropping flares in support a Department ofDefense Contract.


### NATURE AND EXTENT OF RELIEF The specific sections of 14 CFRfrom which an exemption is sought: 14CFR 119.l(e)(6) 14 CPRFAR 119.1 (e) Except for operations when common carriage is not involved conducted with airplanes having a passenger-seat configuration of20 seats ormore, excluding any required crewmember seat, orpayload capacity of6,000 pounds or more, this part does not apply to: "

... (6) Nonstop flights conducted within a 25 statute mile radius ofthe airport of takeoffcarrying persons or objects for the purpose ofconducting intentional parachute operations

..." 

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Page 1of4The extent ofreliefsought and the reason for the reliefsought: American Aviation, Inc. is requesting relieffrom the 25 statute mile radius to a 45 statute mile radius limited to conductflare drop operations and testing for ATK Launch Systems, Inc., originating from the Brigham City Airport (BMC). ATK Launch Systems, Inc. has contracted with American Aviation, Inc. to conduct flight operations in support oftheir testing ofmilitary illuminating flares for the Department ofDefense. The aircraft, a PA31, Nll4SA, has been highly modified for the flare testing operation is operated as a Restricted Category aircraft. The aircraft is only operated in support ofATK Launch Systems, Inc. The company has been granted authority to operate bythe Department of Transportation under Special Permit DOT-SP 7648. The flare drop zone is owned and managed by ATK Launch Systems, Inc. and is located onthe northeastern bay ofthe Great Salt Lake. The distance from BMC to the drop zone is 45 statute miles. ATK Launch Systems, Inc. has been manufacturing and testing flares, withFAA approval, for the US military for over 40 years. American Aviation, Inc. is the only operator inthe United States contracted to conductthese highly specialized operations and testing. PUBLIC INTEREST The reasons why the renewal ofthis request is in the public interest: Renewal ofthis request is in the public interest as it; supports critical national defense requirements and validates that the supplied hardware meets the military specification (MIL SPECs) ofthe armed forces ofthe United States. To validate that the flares meet MIL SPECs, flares must be launched from an aircraft in flight. The flares that are being flown and tested onthe modified American Aviation, Inc.'s aircraft are used by all branches ofthe military and are used in a wide range ofUS Military operations around the world. The operations include search and rescue, and night combat missions. The immediate approval ofthis request is essential to the mission needs and wartime requirements ofthe military inAfghanistan and the Middle East. EQUIVALENT LEVEL OF SAFETY The reasons why granting the exemption would not adversely affect safety or how the exemption would provide a level ofsafety at least equal to that provided by the rule from which the exemption is sought: Granting the exemption would not adversely affect safety. The flight operations conducted by American Aviation, is highly controlled and regulated bythe company. The only flights that are conducted are indirect support ofATK's testing requirements. During flight operations the aircraft is in constant communications with ATKrange operations and Salt Lake Air Route Traffic Control Center. The aircraft is operated by the minimum flight crewnecessary to conduct the required flight test operation and the flares.

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### EXCEPTION TO PUBLICATION OF SUMMARY OF PETITION A summary ofwhy the FAA should not publish a summary ofthis petition: Pursuant to 14 C.F

### .R. 11.87, American Aviation, Inc. respectfully requests that the FAA not publish a summary ofthis petition. While, the testing ofthe flare systems is not classified, any unnecessary publicity aboutthe flight test program would potentially compromise ATKLaunch Systems, Inc., proprietary information and sensitive information on military systems. In addition for the following reason we believe that the good cause does exist for not delaying action on our exemption request: (a) The granting ofthis petition would not in our opinion set a precedent. This is due inpartto the specialized nature ofour operation and the requirement thatthe flight testing performed must be accomplished over a designated test range and in an aircraft that has been specifically modified to meet the requirements ofthe Department ofDefense. (b) We are unaware ofany exemption granted previously that is identical to the relief requested 

### in ourpetition. (c) The failure to renew this action would have an adverse impact on ATK's ability to supply the Department ofDefense with critical mission essential flare systems and would hinder the American War effort. See the attached memorandum from the Department ofDefense Contracting Agency that further explains the urgency ofthe resumption oftesting and the need for flares by military. (d) Ourpetitionfor exemption is being filed 

### in a timely manner. We were advised by the Salt Lake City Flight Standards District Office onNovember 15, 2011, that our flight operations, as defined above, was possibly contraryto the requirements 119.1 e(6). Onthe basis ofthe FSDO opinion, we are filing this request for relief. 

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### SUMMARY A summary to published in the FederalRegister statingthe rule from which an exemption is sought, a briefdescription ofthe nature ofthe exemption sought and any information to supportthe request: AmericanAviation, Inc. requests exemption from FAR 119.1(e)(6) so that it can continue fly to a test range located 45 statute miles away from Brigham City Airport. The exemption ofF AR 119.1(e)(6) will permit American Aviation, Inc. to continue launching airborne launched flares in compliance withtesting and validation requirements ofthe United States Department ofDefense. 

### EXERCISING PRIVILEGES OF THIS EXEMPTION OUTSIDE THEUNITED STATES Whether and why the privileges ofthis exemption are needed to be exercised outside ofthe United States: Privileges ofthis exemption will not be exercised outside ofthe U.S.

Larry Wright President

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