20142 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Reports, Forms, and Recordkeeping

Requirements

AGENCY: Department of Transportation

(DOT), Office of the Secretary.

ACTION: Notice.

SUMMARY: This notice lists those forms,

reports, and recordkeeping requirements

imposed upon the public which were

transmitted by the Department of

Transportation to the Office of

Management and Budget (OMB) for its

approval in accordance with the

requirements of the Paperwork

Reduction Act of 1980 (44 U.S.C.

Chapter 35).

DATES: April 14, 1995.

ADDRESSES: Written comments on the

DOT information collection requests

should be forwarded, as quickly as

possible, to Edward Clarke, Office of

Management and Budget, New

Executive Office Building, Room 10202,

Washington, DC 20503. If you anticipate

submitting substantive comments, but

find that more than 10 days from the

date of publication are needed to

prepare them, please notify the OMB

official of your intent immediately.

FOR FURTHER INFORMATION CONTACT:

Copies of the DOT information

collection requests submitted to OMB

may be obtained from Susan Pickrel or

Annette Wilson, IRM Strategies

Division, M–32, Office of the Secretary

of Transportation, 400 Seventh Street,

SW., Washington, DC 20590, (202) 366–

4735.

SUPPLEMENTARY INFORMATION: Section

3507 of Title 44 of the United States

Code, as adopted by the Paperwork

Reduction Act of 1980, requires that

agencies prepare a notice for publication

in the Federal Register, listing those

information collection requests

submitted to OMB for approval or

renewal under that Act. OMB reviews

and approves agency submissions in

accordance with criteria set forth in that

Act. In carrying out its responsibilities,

OMB also considers public comments

on the proposed forms and the reporting

and recordkeeping requirements. OMB

approval of an information collection

requirement must be renewed at least

once every three years.

Items Submitted to OMB for Review

The following information collection

requests were submitted to OMB on

April 14, 1995:

DOT No: 4048.

OMB No: 2125–0030.

Administration: Federal Highway

Administration.

Title: Outdoor Advertising and

Junkyard Report.

Need for Information: Title 23 USC

131 and 136 prescribe the requirements

for controlling the erection and

maintenance of outdoor advertising

signs, displays, and devices and the

maintenance of junkyards in areas

adjacent to the Interstate System and the

primary system.

Proposed Use of Information: The

information will be used to administer

and monitor the control of outdoor

advertising and junkyards as

implemented by State highway

agencies.

Frequency: Annually.

Burden Estimate: 6,526 hours.

Respondents: State highway agencies.

Form(s): FHWA 1424.

Average Burden Hours Per Response:

30 minutes reporting.

DOT No: 4049.

OMB No: 2138–0041.

Administration: Research and Special

Programs Administration.

Title: Airline Service Quality

Reporting.

Need for Information: Title 14 CFR

Part 234 prescribes the requirements for

airline service quality performance

reports.

Proposed Use of Information: The

information will be used to produce

reports for the travelling public. DOT

issues a monthly report providing

consumers with the on-time flight

performance and the rate of mishandled

baggage reports for the reporting air

carriers. The FAA will use the data base

for air traffic control modeling.

Frequency: Monthly.

Burden Estimate: 1,440 hours.

Respondents: Large schedule

passenger air carriers.

Form(s): None.

Average Burden Hours Per Response:

12 hours reporting.

DOT No: 4050.

OMB No: 2115–New.

Administration: U.S. Coast Guard.

Title: Boating Statistics Questionnaire.

Need for Information: Under the

mandate of the National Performance

Review and Executive Order 12802,

Coast Guard is conducting this survey to

determine its customer information

needs and to measure the customer’s

satisfaction with the annual published

report on recreational boating accidents.

Proposed Use of Information: The

data collected from this survey will be

used to improve the quality and

customer satisfaction with information

contained in this report.

Frequency: Annually.

Burden Estimate: 320 hours.

Respondents: Recreational boaters.

Form(s): CG–5599.

Average Burden Hours Per Response:

15 minutes reporting.

DOT No: 4051.

OMB No: 2115–0141.

Administration: U.S. Coast Guard.

Title: Reporting and Recordkeeping

Requirements for Firefighting and

Lifesaving Equipment, Marine

Sanitation Devices, and Structural Fire

Protection Material.

Need for Information: Title 46 CFR

Ch. I, Parts 159–164 and 33 CFR Ch. I

prescribe the technical standards for

Coast Guard approval on specific types

of lifesaving and safety equipment

before this equipment can be installed

on vessels. Manufacturers of such

equipment are required to submit

drawings, specifications, and laboratory

test reports.

Proposed Use of Information:

Technical data submitted to the Coast

Guard by manufacturers of lifesaving

and safety equipment will be reviewed

to determine that equipment is in

compliance with applicable regulations.

The information submitted by

laboratories will be used to determine

technical qualifications and

independence.

Frequency: On occasion, one time.

Burden Estimate: 7,140 hours.

Respondents: Manufacturers of safety

equipment, testing laboratories.

Form(s): None.

Average Burden Hours Per Response:

manufacturers: 2 hours reporting; 100

hours recordkeeping; laboratories: 4

hours reporting.

Issued in Washington, DC, on April 14,

1995.

Paula R. Ewen,

Manager, IRM Strategies Division.

[FR Doc. 95–10072 Filed 4–21–95; 8:45 am]

BILLING CODE 4910–62–P

Federal Aviation Administration

[AC No. 1–1]

Advisory Circular on GovernmentOwned Aircraft

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Advisory Circular.

SUMMARY: Advisory Circular (AC) 1–1,

Government Owned Aircraft provides

guidance on whether particular

government-owned aircraft operations

are public aircraft operations or civil

aircraft operations under the new

statutory definition of ‘‘public aircraft.’’

This Advisory Circular contains the
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20143

FAA’s interpretation of key terms in the

new statutory definition. For operations

that have lost public aircraft status

under the new law, this Advisory

Circular provides information on

bringing those operations into

compliance with FAA safety regulations

for civil aircraft. It also provides

information on applying for an

exemption. This Advisory Circular

provides acceptable, but not exclusive,

means of complying with the law.

DATES: This Advisory Circular is

effective on April 19, 1995.

FOR FURTHER INFORMATION CONTACT:

David Catey, Air Carrier Branch (AFS–

220), (202) 267–8094, 800 Independence

Avenue SW., Washington, DC 20591.

SUPPLEMENTARY INFORMATION: The

guidance in this AC provides one

method, but not the only method of

complying with the new definition of

public aircraft as defined in the

Independent Safety Board Act

Amendments of 1994, Pub. L. 103–411.

This guidance material supplements the

final rule titled Public Aircraft

Definition and Exemption Authority.

Because Pub. L. 103–411 becomes

effective April 23, 1995, the AC is

published in its entirety in order to

allow expedient access to the document

by the general public.

Issued in Washington, DC on April 19,

1995.

William J. White,

Acting Director, Flight Standards Service.

Advisory Circular

Subject: Government Aircraft Operations

Date: 4/19/95

Initiated by:

AC No: 00–1.1

Change:

1. Purpose. The purpose of this advisory

circular (AC) is to provide guidance on

whether particular government aircraft

operations are public aircraft operations or

civil aircraft operations under the new

statutory definition of ‘‘public aircraft.’’ This

AC contains the Federal Aviation

Administration’s (FAA) intended application

of key terms in the new statutory definition.

For operations that have lost public aircraft

status under the new law, this AC provides

information on bringing those operations into

compliance with FAA safety regulations for

civil aircraft. It also provides information on

applying for an exemption. This AC provides

acceptable, but not exclusive, means of

complying with the law. Agencies which

conduct public aircraft operations are

encouraged to comply with the Federal

Aviation Regulations (FAR), even when they

are not required to do so. They and the flying

public will benefit from their voluntary

adherence to the enhanced safety standards

set out in the regulations. The FAA will

continue to provide assistance to public

agencies which seek to voluntarily comply

with the regulatory requirements.

2. Reference. 49 U.S.C. 40102(A)(37).

3. Related Material.

a. AC 00–2.8, Advisory Circular Checklist,

lists documents that provide guidance on

many of the processes required to be

followed in the certification and operation of

civil aircraft.

b. AC 00–44FF, Status of Federal Aviation

Regulations, provides the current public

status of the Federal Aviation Regulations

(FAR), prices, and order forms,

c. AC 20–132, Public Aircraft, provides

guidance that public aircraft status under the

Federal Aviation Act does not permit

operations outside the territorial limits of the

United States without a valid airworthiness

certificate.

d. AC 120–12A, Private Carriage Versus

Common Carriage of Persons or Property,

furnishes general guidelines for determining

whether transportation operations by air

constitute private or common carriage.

e. AC 120–49, Certification of Air Carriers,

provides information and guidance on the

certification process for air carriers under

FAR Parts 121 and 135.

f. Guide to Federal Aviation

Administration Publications provides

guidance on identifying and obtaining FAA

and other aviation-related publications

issued by the Federal government.

Note: Copies of the above documents may

be obtained from the Department of

Transportation, M–45.3, General Services

Section, Washington, DC 20590.

Thomas C. Accardi,

Director, Flight Standards Service.

Contents

Chapter 1. Determining Whether Aircraft

Operations are Public or Civil

1. Public Aircraft Definition.

a. Background.

b. Legislative History.

c. Statutory Text.

d. Operational Nature of Definition.

e. Effective Date.

2. Key Statutory Terms.

a. ‘‘For Commercial Purposes.’’

b. ‘‘Whose Presence Is Required to

Perform.’’

c. ‘‘Associated with the Performance of.’’

d. ‘‘A Governmental Function such as

* * * .’’

(1) Examples.

(2) ‘‘Firefighting.’’

(3) ‘‘Search and Rescue.’’

(4) ‘‘Law Enforcement.’’

(5) ‘‘Aeronautical Research.’’

(6) ‘‘Biological and Geological Resources

Management.’’

(7) ‘‘Other Governmental Functions—

Examples.’’

e. ‘‘Cost Reimbursement Agreement.’’

f. ‘‘Unit of Government.’’

g. ‘‘Certifies.’’

h. ‘‘Significant and Imminent Threat

* * *. ’’

i. ‘‘No Service by a Private Operator * * *

Reasonably Available.’’

Chapter 2. Bringing Operations Into

Compliance

3. Basic Types of Civil Aircraft Operations.

a. FAR Part 91.

b. FAR Part 125.

c. FAR Part 121 or 135.

d. FAR Part 133.

e. FAR Part 137.

4. Pilot Certification.

a. Generally.

b. Domestic Aircraft.

c. Foreign Aircraft.

d. Medical Certification.

e. Instrument Rating.

5. Aircraft Certification.

a. Generally.

b. Type Certification.

c. Aircraft Previously Type Certificated.

d. Aircraft with No Prior Certification.

e. Airworthiness Certification.

f. Procedures for Obtaining Certificate.

Chapter 3. Applying for an Exemption

6. Administrator’s Exemption Authority.

a. In General.

b. Statutory Requirements.

c. Delegation of Authority.

7. Key Statutory Terms.

a. ‘‘The Administrator Finds * * * and

* * * Certifies.’’

b. ‘‘Undue Economic Burden.’’

c. ‘‘Aviation Safety Program.’’

d. ‘‘Aircraft with No Previous FAA Type

Certification.’’

8. Petitions for Exemption.

a. Procedure.

b. Contents.

Chapter 1. Determining Whether Operations

are Public or Civil

1. Public Aircraft Definition

a. Background. In recent years, there has

been an increasing interest in matters

involving operations of public aircraft, which

are generally exempt from compliance with

the Federal Aviation Regulations.

(1) One area of interest is related to

government agencies’ receipt of

reimbursement for their operation of

government-owned aircraft. Prior to the

enactment of the Public Law 103–411, the

Independent Safety Board Act Amendments

of 1994, ‘‘public aircraft’’ was defined to

exclude ‘‘any government-owned aircraft

engaged in carrying persons or property for

commercial purposes.’’ (P.L. 100–223, 1987).

The FAA’s long-standing interpretation has

been that, where there is a receipt of

compensation, such an operation is ‘‘for

commercial purposes’’ and that such an

operation therefore is not a public aircraft

operation. This interpretation has been

applied to intergovernmental arrangements

wherein one government agency receives

compensation for providing aircraft services

to another government agency. Such services

may be provided for firefighting, search and

rescue or other governmental functions.

Many government operators objected to the

FAA’s interpretation, claiming that such an

interpretation impeded their governmental

missions. They urged that it was impractical

or impossible to obtain the services

commercially, and that it was too costly to

conduct their operations under the Federal

Aviation Regulations as civil aircraft.

(2) On October 9, 1994, Congress passed

the Independent Safety Board Act

Amendments, Pub. L. 103–411, which

changed the definition of the term ‘‘public
20144 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

aircraft.’’ The law was signed by President

Clinton on October 25, 1994.

(3) On January 26, 1995, the proposed

advisory circular on Government Aircraft

Operations was published in the Federal

Register. 60 FR 5237. The proposed advisory

circular set forth the FAA’s understanding of

the terms set forth in the new statute and the

agency’s intended application of those terms.

The proposed advisory circular requested

comments from affected parties on the

positions taken by the FAA.

(4) Between January 26 and the current

date, the FAA received and considered

numerous comments from federal, state, and

local governmental organizations as well as

from representatives of private aircraft

operators. Additionally, the FAA received an

opinion of the Office of Legal Counsel,

United States Department of Justice. That

opinion, dated March 31, 1995, addresses

whether the transport of prisoners on

government aircraft falls within the statutory

definition of ‘‘public aircraft.’’ The opinion

advised that the position taken by the FAA

in the proposed advisory circular regarding

the transport of prisoners was unnecessarily

restrictive. It discusses generally the terms

used in that section of the statute which

relate to the transporting of passengers in

government-owned aircraft and advises that

those terms would more appropriately be

given a slightly broader interpretation than

that in the proposed advisory circular. The

FAA has modified its position to accord with

the legal direction received.

b. Legislative History. The general purpose

of the new law, as reflected in the legislative

history, is to extend FAA regulatory oversight

to some government aircraft operations. In

part, Congress determined that governmentowned aircraft, which operate for commercial

purposes or engage in transport of

passengers, should be subject to the

regulations applicable to civil aircraft. The

new law (with certain exceptions) preserved

as public aircraft operations, those relating to

the performance of certain governmental

functions and, further, allowed public

agencies to receive reimbursement from other

public agencies for some operations

conducted in response to significant and

imminent threats. The FAA was also

authorized to grant exemptions for operations

whose status had changed as a result of the

new law.

c. Statutory Text. The new definition of

public aircraft enacted by Congress is as

follows:

‘‘(1) an aircraft—

(i) used only for the United States

Government; or

(ii) Owned and operated (except for

commercial purposes) or exclusively leased

for at least 90 continuous days by a

government (except the United States

Government), including a State, the District

of Columbia, or a territory or possession of

the United States, or political subdivision of

that government; but

(2) Does not include a government-owned

aircraft—

(i) Transporting property for commercial

purposes; or

(ii) Transporting passengers other than—

(A) Transporting (for other than

commercial purposes) crewmembers or other

persons aboard the aircraft whose presence is

required to perform, or is associated with the

performance of, a governmental function

such as firefighting, search and rescue, law

enforcement, aeronautical research, or

biological or geological resource

management; or

(B) Transporting (for other than

commercial purposes) persons aboard the

aircraft if the aircraft is operated by the

Armed Forces or an intelligence agency of

the United States.

(3) An aircraft described in the preceding

sentence shall, notwithstanding any

limitation relating to use of the aircraft for

commercial purposes, be considered to be a

public aircraft for the purposes of this part

without regard to whether the aircraft is

operated by a unit of government on behalf

of another unit of government, pursuant to a

cost reimbursement agreement between such

units of government, if the unit of

government on whose behalf the operation is

conducted certifies to the Administrator of

the Federal Aviation Administration that the

operation was necessary to respond to a

significant and imminent threat to life or

property (including natural resources) and

that no service by a private operator was

reasonably available to meet the threat.’’ 49

U.S.C. 40102(a)(37).

d. Operational Nature of Definition. The

status of an aircraft as ‘‘public aircraft’’ or

‘‘civil aircraft’’ depends on its use in

government service and the type of operation

that the aircraft is conducting at the time.

Rather than speaking of particular aircraft as

public aircraft or civil aircraft, it is more

precise to speak of particular operations as

public or civil in nature. Example: An

aircraft owned by a state government is used

in the morning for a search and rescue

mission. During the search and rescue

operation, the aircraft is a public aircraft.

Later that same day, however, the aircraft is

used to fly the governor of the state from one

meeting to another. At that time, the aircraft

loses its public aircraft status and must be

operated as a civil aircraft.

e. Effective Date. The effective date of the

new statute is April 23, 1995.

2. Meaning of Key Statutory Terms

The FAA interprets various words,

phrases, and clauses in the statutory

definition (in their order of appearance in the

statute) as follows:

a. ‘‘For Commercial Purposes.’’ The FAA

has consistently taken the position that this

term means ‘‘for compensation or hire’’. The

test historically applied to determine

whether an operation is for ‘‘compensation or

hire’’ is whether the operator receives direct

or indirect payment for the operation. It is

not necessary that a flight be conducted for

profit to constitute an operation for

‘‘compensation or hire,’’ the term may be

applicable even where there is no intent or

ability to make a profit from the flight. Even

where there is only cost-reimbursement from

a unit of one government to a unit of another

for the operation of an aircraft, such

reimbursement constitutes ‘‘compensation.’’

Accordingly, operations conducted pursuant

to cost-reimbursement arrangements between

units of government are considered to be ‘‘for

commercial purposes.’’ The new statute

provides a limited exception allowing for

public aircraft status where the unit of

government on whose behalf the operation is

conducted certifies that the operation was

necessary to respond to a significant and

imminent threat to life or property and that

no service by a private operator was

reasonably available to meet the threat. By

providing this limited exception, Congress

clearly recognized that operations conducted

pursuant to cost-reimbursement agreements

are to be considered ‘‘for commercial

purposes.’’ Generally, a transfer of funds by

one element of government to another

element within that same government will

not be treated as compensation. Operations

conducted pursuant to those arrangements

are not considered ‘‘for commercial

purposes’’ where the reimbursement is

essentially an accounting of transactions

within the same unit of government.

(1) One state agency reimburses another

agency of the same state for conducting

operations on its behalf using a state-owned

aircraft. If the two agencies share a common

treasury, the operation is not ‘‘for commercial

purposes’’ within the meaning of the statute.

(2) A federal agency reimburses a state

agency for conducting aircraft operations on

the former’s behalf using state-owned

aircraft. Such an operation is considered to

be ‘‘for commercial purposes.’’ Generally,

this operation would be a civil aircraft

operation, unless the federal agency certified

that the operation was necessary to respond

to a significant and imminent threat to life or

property (including natural resources) and

that no service by a private operator was

reasonably available to meet the threat. In

that case, the operation would be considered

a public aircraft operation.

b. ‘‘Whose Presence is Required to

Perform.’’ This phrase means that the person

is aboard the aircraft for the purpose of

performing a task or duty directly related to

an ongoing governmental function of the sort

enumerated in the statute. It indicates that

the person’s presence is essential to the

performance of that function.

(1) Examples:

(i) Firefighters who are being transported

for the purpose of engaging in a current

firefighting activity are considered persons

whose presence is essential for the

performance of that activity. The transport of

firefighters directly to a firefront by aircraft

as part of a mission for which the use of an

aircraft is necessary would constitute an

accepted activity. Similarly, the transport of

firefighters to a base camp by aircraft where

they are to be dispersed to the firefront may

be viewed in the same manner.

(ii) Officials who are conducting law

enforcement operations while in an aircraft

would be considered as being required for

the performance of that governmental

function. Thus, the carriage of law

enforcement personnel performing aerial

surveillance would be considered as

necessary to perform the law enforcement

function. So too, might officials who are

being transported for the purpose of engaging

in a law enforcement activity. For example,

the carriage of officers to the scene of a

public disturbance for the purpose of
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20145

performing riot control duty on the ground

would also be included if the effectiveness of

riot control would be compromised by

inability to use the aircraft. The movement of

law enforcement personnel for administrative

purposes would not be considered necessary

for the performance of an excepted

government function.

(iii) Persons engaging in search and rescue

operations from an aircraft would be

considered necessary for the performance of

the governmental function. Also included

would be persons who are being carried to

a remote search area from which they would

conduct ground search and rescue

operations, provided that the use of the

aircraft is necessary for the performance of

that mission.

(iv) Persons on board aircraft conducting

aeronautical research who are engaged in the

airborne gathering of data or information are

necessary for performance of the

governmental function.

(v) Persons on board an aircraft that is

engaged in biological and geological resource

management would be included, so long as

they perform biological and geological

resource management-related duties on the

aircraft. Also included would be persons

carried to a location from which they would

engage in an ongoing operation or mission.

c. ‘‘Associated with the Performance of.’’

This clause operates to include persons who,

while not directly engaged in performing the

governmental function, are present on the

aircraft in connection with that function.

(1) Examples:

(i) An official who accompanies firefighters

to a fire to oversee or assess the success of

the operation and/or the need to commit

further resources to the fire fight would be

associated with the performance of the

governmental function.

(ii) A ground crew that accompanies a

weather research aircraft to the theater of

operations for the purpose of maintaining the

aircraft and equipment would be associated

with the performance of the governmental

function.

(iii) Prisoners who are being transported

aboard an aircraft are associated with the

performance of a law enforcement function.

(iv) Persons who are rescued during a

search and rescue operation are associated

with that function. Also included are

members of a ground rescue party which

assists in the search and rescue operation.

d. ‘‘Governmental Function Such As. . .’’

The term ‘‘such as,’’ when used in the clause

‘‘a governmental function such as

firefighting, search and rescue, law

enforcement, aeronautical research, or

biological or geological resource

management’’ indicates that the listed

functions are not exhaustive and that the

exception may apply to other governmental

functions as well. However, the exception is

limited to those other governmental

functions that are comparable to and

consistent with the listed functions. The

unifying characteristic shared by the

governmental functions listed in the statute

is that they each involve the carriage of

persons as part of a mission for which the use

of an aircraft is necessary. Thus, it is not

sufficient to merely show that the passengers

are being transported to perform one of the

functions listed in the statute; the use of the

aircraft must be necessary for the

performance of the mission. The aircraft

would be necessary for the performance of a

mission if the inability to use the aircraft

would compromise the effectiveness of that

mission.

(1) Examples:

(i) The use of an aircraft for administrative

travel, such as to attend meetings or make

speeches, would not be considered for the

performance of a listed or comparable

governmental mission. Such an operation

would not qualify for the exception.

(ii) Training flights would be included if

the persons on board are being trained on the

aircraft to perform one of the functions listed

in the statute. Flights to transport persons to

receive ground training would not be

included.

(2) ‘‘Firefighting.’’ This term includes the

dispensing of water or fire retardants on a

fire. It also includes the transport of

firefighters and equipment to a fire or to a

base camp from which they would be

dispersed to conduct the firefighting

activities.

(3) ‘‘Search and Rescue.’’ This term is

commonly used to mean operations

conducted to locate and rescue persons who

are lost, injured, and/or exposed to some

degree of danger or harm. Generally, the use

of an aircraft is indispensable to the search

effort or is the only feasible means of

recovering the victim. Persons rescued would

be considered ‘‘associated with’’ the activity.

(4) ‘‘Law Enforcement.’’ Operations

requiring the use of an aircraft, such as aerial

surveillance, fugitive apprehension, and riot

control could be included. Also included

would be other situations where the use of

an aircraft is essential for the performance of

an ongoing law enforcement mission. For

instance, deployment of SWAT teams to the

theater of operations by aircraft would be

included when the use of an aircraft is

essential for the successful performance of

the mission.

(5) ‘‘Aeronautical Research.’’ This term

would include flights to measure the

performance of aircraft or aeronautical

components. It would also include

atmospheric research, meteorological

observation and airborne astronomy.

(6) ‘‘Biological and Geological Resource

Management.’’ This term would include

operations which require the use of an

aircraft for the successful performance of the

mission. For example, counting wildlife from

an aircraft would be included.

(7) ‘‘Other Governmental Functions—

Examples:’’

(i) Medical evacuation. While this term is

not considered synonymous with ‘‘search

and rescue,’’ it may be an included

governmental function, depending on the

particular circumstances of the operation.

Again, the use of an aircraft must be essential

to the successful performance of the mission.

It is unlikely that the use of an aircraft would

be essential for a medical evacuation

operation in an urban area where other

means of transportation are routinely

available.

(ii) Aerial Survey. Operations conducted to

assure compliance with state or local laws or

codes are included if the inability to use an

aircraft would compromise the effectiveness

of the mission. Examples:

(A) The identification of environmental

polluters would be included if the use of an

aircraft was necessary to locate the offenders.

(B) Aerial patrol of nuclear test sites to

deter or locate trespassers would be

included.

e. ‘‘Cost-Reimbursement Agreement.’’ This

term means any agreement, oral or written,

providing for reimbursement of all or part of

the costs of an aircraft operation. Any charge

or payment in excess of the cost of the

operation would not constitute a costreimbursement agreement.

f. ‘‘Unit of Government.’’ This term means

a government body. Generally, the singular

characteristic of a unit of government in this

context is its common treasury.

Reimbursement for flight operations between

two elements of the same unit of government

would not be considered an operation for

‘‘compensation or hire.’’ However, the receipt

of reimbursement for a flight operation from

an element of one unit of government to an

element of a separate unit of government

would constitute an operation ‘‘for

commercial purposes.’’ Such operation

would be considered a civil aircraft

operation, except when the government unit,

which receives the benefit of the operation,

certifies that there is a significant and

immediate threat to life or property and that

not private operator is reasonably available.

g. ‘‘Certifies.’’ The certification that there is

a significant and immediate threat to life or

property and that no private operator is

reasonably available should be made by the

unit of government on whose behalf the

operation is conducted. Without the

certification, the unit of government who

receives reimbursement for conducting the

operation will be assumed to have conducted

the operation ‘‘for commercial purposes.’’

Such an operation will be considered a civil

aircraft operation and may require

compliance with FAR Part 121, 125, 133,

135, or 137.

(1) The certification should include: the

date of the operation, a description of the

flight operation conducted, a description of

the significant or immediate threat, and an

explanation of why it was determined that no

service by a private operator was reasonably

available.

(2) The certification is the responsibility of

the unit of government which provides the

flight operations. It is suggested that the

certification be completed

contemporaneously with the operation and

be retained by the unit of government which

operated the aircraft.

h. ‘‘Significant and Imminent Threat.’’

This term refers to a situation where the

public agency responsible for responding to

a threat has determined that serious injury or

death, or significant damage to property

(including natural resources) is present. The

agency must also determine that the use of

an aircraft is necessary to respond to the

threat.

i. ‘‘No Service by a Private Operator was

Reasonably Available.’’ This term means that

the public agency responsible for responding

to a threat has reasonably determined that, at
20146 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

the time of the response, no private operator

was available and capable of responding to

the threat in a timely manner.

Chapter 2. Bringing Operations Into

Compliance

3. Basic Types of Civil Aircraft Operations

The government operator should contact

the nearest FAA Flight Standards district

office (FSDO) for assistance and guidance in

bringing its operations into compliance with

the FAR. For operations requiring

certification, the FSDO manager will assign

an FAA aviation safety inspector to assist the

government operator during the certification

process. Initial inquiries about certification

or requests for applications should be in

writing or by personal visit to the FSDO.

a. FAR Part 91.

(1) FAR Part 91 prescribes the general

flight rules for all aircraft operations within

the United States, including the waters

within 3 nautical miles of the U.S. coast.

U.S.-registered civil aircraft are required to

comply with FAR Part 91. When over the

high seas, they must comply with Annex 2

(Rules of the Air) to the Convention on

International Civil Aviation.

(2) FAR Part 91 prohibits a pilot from

operating a civil aircraft unless it is in an

airworthy condition. The pilot in command

(PIC) is responsible for determining whether

the aircraft is in condition for safe flight. The

PIC is required to terminate the flight when

unairworthy mechanical, electrical, or

structural conditions occur. In addition, the

PIC may not operate the aircraft without

complying with the operating limitations

specified in the approved Airplane or

Rotorcraft Flight Manual, markings, and

placards, or as otherwise prescribed by the

certificating authority of the country of

registry.

(3) Under FAR Part 91, the PIC of an

aircraft is directly responsible for, and is the

final authority as to the operation of that

aircraft. In case of an inflight emergency, the

PIC is authorized to deviate from any rule in

FAR Part 91 to the extent necessary to meet

the emergency. However, any PIC who

deviates from a rule in FAR Part 91 is

required, upon the request of the

Administrator, to send a written report of

that deviation to the Administrator.

b. FAR Part 125. If an operator uses an

airplane with a seating configuration for 20

or more passenger seats or a maximum

payload capacity of 6,000 pounds or more,

and is not engaged in ‘‘common carriage,’’

then FAR Part 125 applies. A person is

considered to be engaged in ‘‘common

carriage’’ when ‘‘holding out’’ to the general

public or to a segment of the public as

willing to furnish transportation within the

limits of its facilities to any person who

wants it. Examples of holding out are as

follows: advertising through telephone

yellow pages, billboards, television, radio,

and individual ticketing. FAR Section

125.11(b) prohibits FAR Part 125 certificate

holders from conducting any operation

which results directly or indirectly from

holding out to the general public. Further

information regarding common carriage vs.

private carriage can be found in AC 120–12.

If the operator is engaged in ‘‘common

carriage,’’ then FAR Part 121 or 135 applies

rather than FAR Part 125.

c. FAR Part 121 or 135. When a

government-owned aircraft is operated ‘‘for

commercial purposes’’ (see paragraph 2(a)

above), the requirements contained in either

FAR Part 121 or 135, depending on the type

of operation, must be met. Generally, FAR

Part 121 applies to domestic, flag, and

supplemental air carriers and commercial

operators of large aircraft, while FAR Part

135 applies to air taxi operators and

commercial operators. An operator should

consult Special Federal Aviation Regulation

(SFAR) No. 38–2 as well as the applicability

provisions of each part (FAR Sections 121.1

and 135.1) to determine whether it is FAR

Part 121 or 135 that applies to a particular

operation. The FSDO will provide an

applicant for a FAR Part 121 or 135

certificate with a videotape on certification

and a copy of AC 120–49, Certification of Air

Carriers. Once the videotape and the AC have

been reviewed, the applicant will complete

FAA Form 8400–6, Preapplication Statement

of Intent, and the FSDO manager will assign

a Certification Team to assist the applicant

through each phase of the certification

process.

d. FAR Part 133. FAR Part 133, Rotorcraft

External-Load Operations, prescribes the

airworthiness certification requirements for

rotorcraft, and the operating and certification

rules governing the operation of rotorcraft

conducting external-load operations in the

United States by any person. The

certification rules do not apply to a Federal,

state, or local government conducting

operations with a government-owned aircraft

unless it is operating as a civil aircraft due

to receipt of compensation. Federal, state, or

local governments must; however, comply

with all of the other rules contained in FAR

Part 133, even when operating a public

aircraft.

(1) FAR Part 133 requires that a person

must obtain a Rotorcraft External-Load

Operator Certificate issued by the FAA before

any rotorcraft external-load operations in the

United States are begun. This certificate is

valid for 24-calendar months unless it is

surrendered, suspended, or revoked prior to

the expiration date shown on the certificate.

(2) Rotorcraft used in external-load

operations must have been type certificated

and must continue to meet the requirements

of FAR Part 27 or 29 or of FAR Section 21.25.

Rotorcraft must also comply with the

airworthiness requirements contained in

Subpart D of FAR Part 133 and must have a

valid standard or restricted category

airworthiness certificate. At the present time,

only rotorcraft of U.S. registry are eligible for

external-load operations.

(3) Pilots conducting rotorcraft externalload operations must have at least a current

commercial pilot certificate with a rating

appropriate to the rotorcraft being used, and

a Second Class Medical Certificate.

e. FAR Part 137. FAR Part 137, Agricultural

Aircraft Operations, prescribes the rules

which govern the certification and operation

of agricultual aircraft operated in the United

States, and the issuance of either a private or

commercial agricultural aircraft operator

certificate for those operations. In a public

emergency, a person who conducts

agricultural aircraft operations may, where

necessary, deviate from any operating rule

contained in FAR Part 137 for relief and

welfare activities approved by an agency of

the United States or of a state or local

government. However, each person who

deviates from a rule shall complete a report

of the aircraft operation involved within 10

days, including a description of the operation

and the reasons for it, to the nearest FAA

FSDO.

(1) As defined in FAR Part 137, an

agricultural aircraft operation means the

operation of an aircraft for the purpose of:

(i) Dispensing any economic poison;

(ii) Dispensing any other substance

intended for plant nourishment, soil

treatment, propagation of plant life, or pest

control; or

(iii) Engaging in dispensing activities

directly affecting agriculture, horticulture, or

forest preservation. It does not include the

dispensing of live insects. Forest firefighting

is considered to be an agricultural aircraft

operation.

(2) FAR Part 137 requires that a person

must obtain an Agricultural Aircraft Operator

Certificate issued by the FAA before any

agricultural aircraft operations in the United

States are begun. A rotorcraft may conduct

agricultural aircraft operations with external

dispensing equipment in place without a

rotorcraft external-load operator certificate.

However, an operator with a rotorcraft

external-load operator certificate may

conduct agricultural aircraft operations if it

disperses only water on forest fires by

rotorcraft external-load means without an

agricultural aircraft operator certificate. A

Federal, state, or local government

conducting agricultural aircraft operations is

not required to obtain an Agricultural

Aircraft Operator Certificate. They must;

however, comply with all of the other rules

contained in FAR Part 137.

(3) Aircraft used in agricultural aircraft

operations must be certificated and

airworthy, and equipped for agricultural

operation. They must be equipped with a

suitable and properly installed shoulder

harness for use by each pilot.

(4) Operators conducting agricultural

aircraft operations must have the services of

one person who has at least a current U.S.

commercial pilot certificate and who is

properly rated for the aircraft to be used.

4. Pilot Certification

a. Generally. All civil aircraft are required

to be operated by pilots certificated under

FAR Part 61, Certification: Pilots And Flight

Instructors. FAR Part 61 prescribes the

requirements for issuing pilot certificates and

ratings, the conditions under which those

certificates and ratings are necessary, and the

privileges and limitations of those certificates

and ratings.

b. Domestic Aircraft. Pilots operating civil

aircraft of U.S. registry are required to have

in their personal possession a current pilot

certificate issued to them under FAR Part 61.

U.S.-registered aircraft may be operated in a

foreign country with a pilot license issued by

that country.

c. Foreign Aircraft. Foreign aircraft may be

operated in the U.S. by pilots who have in
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20147

their personal possession current pilot

certificates issued under FAR Part 61 or a

pilot license issued to them or validated for

them by the country in which the aircraft is

registered.

d. Medical Certificate. Pilots operating

U.S.-registered civil aircraft are required to

have in their personal possession an

appropriate current medical certificate issued

to them under FAR Part 67, Medical

Standards and Certification. FAR Part 67

prescribes the medical standards for issuing

medical certificates. A Third Class Medical

Certificate is required for Private Pilot

certification. A Second Class Medical

Certificate is required for Commercial Pilot

certification. A First Class Medical Certificate

is required for Airline Transport Pilot

Certification.

e. Instrument Rating. Pilots operating civil

aircraft under instrument flight rules or in

weather conditions less than the minimums

prescribed for Visual Flights Rules are

required to hold an Instrument Rating or an

Airline Transport Pilot Certificate

appropriate for the aircraft flown.

5. Aircraft Certification

a. Generally. Government aircraft

operations that are no longer eligible for

public aircraft status must now meet the civil

airworthiness standards for certification of

aircraft. This includes the aircraft’s engines

and propellers as well as the aircraft as a

whole. A civil aircraft must have a current

airworthiness certificate to operate in the

National Airspace System. Additionally, all

civil aircraft must meet the following

requirements:

(1) The aircraft must have an effective U.S.

registration certificate on board during all

operations as required by FAR Section

91.203.

(2) An appropriate and current

airworthiness certificate must be displayed in

accordance with FAR § 91.203(c). An

airworthiness certificate is effective as long

as the maintenance, preventative

maintenance, and alterations are performed

in accordance with FAR Parts 21, 43, and 91,

as appropriate, and the aircraft is registered

in the United States.

(3) The aircraft must have been inspected

in accordance with FAR § 91.409 within the

preceding 12-calendar months.

(i) If the government agency plans to use

a progressive inspection program, it must

submit a written request to the FAA. The

request must be sent to the FSDO having

jurisdiction over the area in which the

applicant is located and the applicant must

be able to meet the requirements identified

in FAR § 91.409(d).

(ii) Large airplanes, turobjet multiengine

airplanes, turbopropeller-powered

multiengine airplanes, and turbine-powered

rotorcraft must have a program approved that

meets the requirements of FAR § 91.409(e).

(4) All maintenance and required

inspections must have been completed by a

person authorized under FAR Sections 43.3

and 43.7. Additionally, the maintenance and

inspections performed must be recorded in

accordance with FAR Sections 43.9 and

43.11. FAR Part 43 prescribes the rules

governing the maintenance, preventative

maintenance, rebuilding, and alteration of

civil U.S.-registered aircraft.

(5) Any alterations to the aircraft must have

been accomplished and returned to service

by an appropriately certified and authorized

person under FAR Part 43.

(6) Aircraft operations for compensation or

hire must be performed in accordance with

the appropriate Air Operations Certificate,

e.g., FAR Part 125, 135, etc.

b. Type Certification. Prior to airworthiness

certification, the type design must be

certificated by the FAA. Section 603(c) of the

Federal Aviation Act of 1958 makes a type

certificate a prerequisite for issuance of

airworthiness certificates. Each government

operator who wishes to determine the

eligibility of its aircraft for civil operations

must contact the responsible geographic

Aircraft Certification Office (ACO) for

assistance in seeking either:

(1) Design approval for aircraft that have

been type certificated in the past; or

(2) Type certification approval of aircraft

that have been operated in the past under

aircraft status without a type certificate.

c. Aircraft Previously Type Certificated. If

the aircraft was originally built to an FAA

type certificate, the Aircraft Certification

Office will review the type certificate data

and make a comparison with the aircraft’s

current design and condition.

(1) The applicant should provide the FAA

Aircraft Certification Office with the

technical information to assist in the

following:

(i) A review of type design for any

engineering changes or modifications;

(ii) A review of replacement parts and

technical data on the replacement parts;

(iii) A review of applicable Airworthiness

Directives (AD);

(iv) A review of previous operating

regimes;

(v) If needed, application of later regulatory

amendments or special conditions for any

changes found necessary to establish current

airworthiness standards for safe design.

(2) The applicant must provide accurate

records of any changes from the approved

type design that are necessary to establish the

current design. The applicant should update

all maintenance manuals as necessary. If

there has been a substantial change in the

type design, e.g., in the configuration, power,

power limitations, speed limitations, or

weight that have proven so extensive that a

substantially complete investigation of

compliance with the applicable regulations is

required, the owner will be required to apply

for a new type certificate.

d. Aircraft with No Prior Certification. It

may be difficult to obtain type certification

of aircraft that have no history of civil

certification. However, if a government

operator wishes to apply for type

certification, it should file an application for

a type certificate on FAA Form 8110.12. The

applicant must submit the application and all

type design data for the aircraft, including

the aircraft’s engines and propellers, to the

Aircraft Certification Office in its geographic

area for approval. The application form must

be accompanied by a three-view drawing and

available basic data so that a preliminary

regulatory certification basis may be

established. The applicable airworthiness

certification regulations, i.e., FAR Part 23, 25,

27, 29, 33, 35, etc., will be those that are in

effect on the date of application for the

certificate, unless otherwise noted in the

regulations. The applicant must submit the

type design, test reports, and computations

necessary to show that the product to be

certificated meets the applicable

airworthiness, aircraft noise, fuel venting,

and exhaust emission requirements of the

FAR. Upon examining the data and test

reports, participating in testing, and

inspecting the prototype aircraft, the

Administrator must be able to find that the

type design in fact complies with the abovementioned regulations.

e. Airworthiness Certification. An operator

of an aircraft that has been operated in public

aircraft status cannot obtain a standard

airworthiness certificate or return the aircraft

to civil operations without showing that the

aircraft meets all the criteria for that

airworthiness certificate as prescribed by the

regulations. Making that showing may be

difficult when the aircraft has not been

maintained, altered, or inspected in

accordance with the FAR. In order to receive

a standard airworthiness certificate, the

operator should show that the aircraft has

been maintained according to the

manufacturer’s instructions, and that any

modifications to the aircraft either were

removed or approved by the FAA. Before a

standard airworthiness certificate can be

issued, the applicant must show that:

(1) The aircraft conforms to its approved

type design and is in condition for safe

operation.

(2) Any alterations were accomplished in

accordance with an approved supplemental

type certificate (STC) or other FAA approved

data, such as a field approval as reflected by

the issuance of an FAA Form 337, Major

Repair or Alteration.

(3) All applicable AD’s have been complied

with.

(4) If altered while in another category, the

aircraft continues to meet, or has been

returned to, its approved type design

configuration and is in a condition for safe

operation.

f. Procedures for Obtaining Certificate.

Applicants interested in obtaining an

airworthiness certificate must follow the

following procedures.

(1) Applicants are required to submit a

properly executed Application for

Airworthiness, FAA Form 8130–6, and any

other documents called for in FAR Parts 21

and 45 for certification. An applicant may

obtain an FAA Form 8130–6, ‘‘Application

for Airworthiness’’ from the local

Manufacturing Inspection district office

(MIDO) or FSDO. The applicant must have

completed and signed the appropriate

sections prior to submitting it to the FAA.

(2) The applicant is required to make

available for inspection and review the

aircraft, aircraft records, and any other data

necessary to establish conformity to its type

design.

(3) The applicant must properly register

the aircraft in accordance with FAR Part 47,

Aircraft Registration.

(4) The applicant is also required to show

that the aircraft complies with the noise
20148 Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices

standards of FAR §§ 21.93(b), 21.183(e), Part

36, or Part 91, as appropriate. This may be

demonstrated through the use of data. Also,

the applicant is required to show that the

aircraft’s fuel venting and exhaust emission

systems comply with the requirements of

FAR Part 34. In addition, the applicant must

show the aircraft meets the applicable

passenger emergency exist requirements of

FAR Section 21.183(f) and SFAR No. 41.

(5) During the course of the certification

process, the FAA will review records and

documentation to the extent necessary to

establish that:

(i) All of the required records and

documentation are provided for the aircraft;

i.e., an up-to-date approved flight manual, a

current weight and balance report,

equipment list, maintenance records, FAAaccepted Instructions for Continued

Airworthiness (ICAW) and/or FAAacceptance maintenance manual(s) (MM),

and any other manuals required by FAR

§§ 21.31, 21.50, 23.1529, 25.1529, 27.1529,

29.1529, 33.4, and 35.4. These documents

must be in the English language.

(ii) The applicant should ensure that the

appropriate markings are present in

accordance with FAR Part 45. The applicant

should make available the Type Certificate

Data Sheets (TCDS), aircraft specification, or

aircraft listing that is applicable.

(iii) The inspection records and technical

data should reflect that the aircraft conforms

to the type design, and all required

inspections, including those provided for in

FAR § 21.183(d)(2), which provides for a 100-

hour inspection, as described in FAR § 43.15

and Appendix D. The applicant must also

show that the tests the aircraft has been

subjected to have been satisfactorily

completed, the records completed, and

reflect no unapproved design changes.

(iv) The aircraft has been flight tested, if

required. If it has not been flight tested, the

FAA may issue a special airworthiness

certificate as provided for in FAR § 21.35 and

21.191(b). The flight test must be recorded in

the aircraft records in accordance with FAR

§ 91.417(a)(2)(i) as time in service as defined

in FAR Part 1. Aircraft assembled by a person

other than the manufacturer (e.g., a dealer or

distributor) must have been assembled and,

when applicable, flight tested in accordance

with the manufacturer’s FAA-approved

procedures.

(v) Large airplanes, turbojet, or

turbopropeller multiengined airplanes must

comply with the inspection program

requirements of Subpart C of FAR Part 91 or

other FAR referenced therein. A

supplemental structural inspection program

is also required for certain large transport

category airplanes. Reference AC 91–56,

Supplemental Structural Inspection Program

for Large Transport Category Airplanes.

(6) Inspection of the aircraft. Aircraft

submitted by the applicant for inspection

will be inspected for the following:

(i) The nationality and registration marks

and identification plate should be displayed

and marked in accordance with FAR Part 45.

The information presented should agree with

the application for airworthiness

certification.

(ii) All equipment, both required and

optional, should be properly installed and

listed in the aircraft equipment list.

(iii) Instruments and placards should be

located in the appropriate places, installed,

and properly marked in the English language.

(iv) All applicable AD’s must have been

complied with and appropriately recorded.

(v) The aircraft should conform to its

approved U.S. type certificate and should be

in a condition for safe operation.

(vi) All aircraft systems should have been

satisfactorily checked for proper operation.

The operation of the engine(s) and

propeller(s) should be checked in accordance

with the aircraft manufacturer’s instructions.

Chapter 3. Applying for an Exemption

6. Administrator’s Exemption Authority

a. In General. The FAA Administrator has

the authority to grant exemptions, provided

certain requirements are met, to units of

government for operations that do not have

public aircraft status. The Independent Safety

Board Act Amendments of 1994, Pub. L. 103–

411, provide, in pertinent part:

(1) Authority to Grant Statutory

Exemptions.

(i) In General. The Administrator of the

Federal Aviation Administration may grant

an exemption to any unit of Federal, State,

or local government from any requirement of

part A of subtitle VII of title 49, United States

Code, that would otherwise be applicable to

current or future aircraft of such unit of

government as a result of the amendment

made by subsection (a) of this section (the

revised ‘‘public aircraft’’ definition).

Note: The above provision authorizes

exemptions from the United States Code—

specifically, the Federal Aviation Act of

1958, as amended and recodified—rather

than from the regulations. The above

provision authorizes such exemptions only

for operations whose status has changed as

a result of the revised definition of public

aircraft. This authorization does not apply to

operations conducted for commercial

purposes, in as much as they were

considered civil aircraft operations under

both the original and revised definitions.

b. Statutory Requirements. The statute

provides as follows:

(1) The Administrator may grant an

exemption [to a unit of government] * * *

only if—

(i) The Administrator finds that granting

the exemption is necessary to prevent an

undue economic burden on the unit of

government and

(ii) The Administrator certifies that the

aviation safety program of the unit of

government is effective and appropriate to

ensure safe operations of the type of aircraft

operated by the unit of government.

Independent Safety Board Act

Amendments of 1994, Section (b)(2), Pub. L.

103–411 (emphasis added).

c. Delegation of Authority. In the interest

of administrative efficiency, the

Administrator’s authority to grant

exemptions to units of government has been

delegated to the Director, Flight Standards

Service, and the Director, Aircraft

Certification Service. FAR Section

11.25(b)(6).

7. Key Statutory Terms

a. ‘‘The Administrator Finds * * * and

* * * Certifies.’’ This language indicates that

the Administrator, or his or her delegate, is

to make an independent determination as to

whether the statutory requirements for

granting an exemption have been met. This

is in contrast to an earlier portion of the

statute in which the unit of government

rather than the Administrator makes the

required certifications (that the operation was

necessary to respond to a significant and

imminent threat, and that no private operator

was reasonably available to meet the threat).

b. ‘‘Undue Economic Burden.’’ One finding

that the Administrator or his or her delegate

must make before granting an exemption is

that the exemption is necessary to prevent an

undue economic burden on the unit of

government. ‘‘Undue economic burden’’

means that it would cost substantially more

to comply with FAA regulations than with

‘‘an aviation safety program that is effective

and appropriate to ensure safe operations of

the type of aircraft operated by the unit of

government’’ under the statute’s exemption

provision. To show ‘‘substantial additional

costs,’’ a petitioner for exemption should

submit information that will allow the FAA

to compare the cost of operating in

compliance with Part A of Subtitle VII of

Title 49 of the United States Code with

comparable costs if an exemption were

granted.

c. ‘‘Aviation Safety Program.’’ The

Administrator or the Administrator’s delegate

may not grant an exemption to a unit of

government without certifying that the

aviation safety program of the unit of

government is ‘‘effective and appropriate to

ensure safe operations of the type of aircraft

operated by the unit of government.’’ As a

result, in the petition for an exemption, the

petitioner must show to the Administrator’s

satisfaction that the petitioner’s aviation

safety program is effective and appropriate to

ensure safe operations of the type of aircraft

operated by the petitioner. Example: A unit

of government applies for an exemption on

an aircraft whose wings were modified to

carry external pods for various surveillance

activities. In its proposed aviation safety

program, the unit of government would need

to identify how the continued airworthiness

of the modification will be accomplished. At

minimum, the following may be required: a

special structural inspection at the wing

attach points, additional training for pilots

operating the aircraft during pod

installations, and flight manual changes to

reflect any new operating limitations that

may be necessary due to the modifications.

d. Aircraft with No Previous FAA Type

Certification. It may be difficult for units of

government to show that, for aircraft having

no previous FAA type certification, e.g.,

military surplus aircraft, they have ‘‘an

aviation safety program that is effective and

appropriate to ensure safe operations of the

type of aircraft operated by the unit of

government.’’ In order to make the ‘‘effective

and appropriate aviation safety program’’

finding, the FAA must be assured that the

safety of the aircraft in question is

comparable to that provided by the FAR.

Aircraft that have no history of civil
Federal Register / Vol. 60, No. 78 / Monday, April 24, 1995 / Notices 20149

certification often present significant

‘‘unknowns’’ when it comes to such critical

safety matters as life-limited parts and

aircraft design. Thus, such aircraft often do

not have the basis on which to build an

aviation safety program that is effective and

appropriate to ensure safe operations. A unit

of government developing a proposal for an

aviation safety program may find the

information below helpful:

(1) Generally. Subpart E of FAR Part 91

prescribes the rules governing the

maintenance, preventative maintenance, and

alterations of U.S.-registered aircraft civil

aircraft operating within and outside the

United States. FAR § 91.403 states that the

owner or operator of an aircraft is primarily

responsible for maintaining that aircraft in an

airworthy condition, including compliance

with FAR Part 39. FAR Part 39 describes the

requirements for compliance to AD’s issued

by the FAA.

(2) Inspection Programs. Operators of large

aircraft, turbojet multiengine airplanes, or

turbopropeller powered multiengine

airplanes, should select and use one of the

four inspection program options outlined in

FAR §§ 91.409 (e) and (f).

(i) For one of the four inspection program

options, that identified in FAR § 91.409(f)(4),

the inspection program submitted should be

compared with the manufacturer’s

recommended program. Where there is no

manufacturer’s program, a time-tested

program should be utilized. The program

developed must provide a level of safety

equivalent to or greater than that provided by

the other inspection options identified in

FAR, § 91.409(f).

(ii) For the other three inspection options

outlined in FAR §§ 91.409 (e) and (f), the

basis for the development of the inspection

program or the instructions for continued

airworthiness, including the detail of the

parts and areas of the airplane to be

inspected, is the manufacturer’s

recommendations. In the case of surplus

military aircraft, the manufacturers provide

this basic information to the specific military

service that has contracted for the airplane.

The military service then develops a

reliability-centered maintenance program to

meet its needs and environment which are

often comparable to the continuous

airworthiness maintenance programs

developed by air carriers.

(iii) In many cases, manufacturers may be

unwilling or unable to provide instructions

for continued airworthiness for operation of

the airplane in other than a military

environment. Therefore, in keeping with

existing policy as provided by the FAA, the

only reasonable basis that for detailing the

inspection criteria for the aircraft to be

inspected, as required by FAR § 91.409(g)(1),

is the scope and detail developed by the

applicable military service.

(iv) In addition to the ‘‘field’’ level

inspection requirements set forth in the

military maintenance program, the ‘‘depot’’

level inspection requirements should also be

included in any inspection program

approved under FAR § 91.409(f)(4). The

military ‘‘field’’ level maintenance is roughly

equivalent to the civil terminology that air

carriers use to describe ‘‘A, B or C’’ checks.

The military ‘‘depot’’ level maintenance is

comparable to the ‘‘heavy C or D’’ checks

used by air carriers. Some air carriers may

use a numerical description verses the

alphabetical identifier for inspection checks.

(v) The inspection frequency and program

structure established by the military may not

be appropriate for use in a civilian

environment. Therefore, inspection

frequency and program structure may require

adjustment to meet the government

operator’s requirement. However, facts and

sound judgment must form the basis for any

inspection frequency adjustment beyond that

which has been established for use by the

military.

(vi) An alternate means of compliance for

individual specific inspection requirements,

in lieu of that which is called for in the

military ‘‘field’’ or ‘‘depot’’ level programs,

may be approved following evaluation of the

applicant’s inspection process instructions.

(vii) Revisions to an operator’s existing

approved inspection program can be

requested by the Administrator in accordance

with FAR § 91.415.

(3) Persons Conducting Inspections and

Maintenance. The program proposed by the

petitioner should include procedures to

insure that inspections and maintenance

tasks are performed by persons authorized by

FAR §§ 43.5 and 43.7.

(4) Modifications and Repairs. The

program must identify all major

modifications and repairs accomplished

since the aircraft was put into service.

Additionally, all further modifications and

major repairs will need to be approved in the

same format as required for civil aircraft

under the regulations.

8. Petition for Exemption

a. Procedure. FAR § 11.25—contains the

procedures to be followed by a unit of

government seeking any kind of exemption.

The petition for exemption should be

submitted in duplicate to the Rules Docket

(AGC–10), Federal Aviation Administration,

800 Independence Avenue, SW.,

Washington, DC 20591. Under FAR Part 11,

petitions for exemption are published in the

Federal Register for notice and comment

period.

b. Contents. The petition for statutory

exemption must set forth the text or

substance of the statute from which the

exemption is sought. (As noted above,

Congress authorized exemptions from the

statute—the Federal Aviation Act of 1958, as

amended and recodified—rather than from

the regulations). The petition for exemption

must contain any information, views, or

analysis available to the petitioner to show

that the statutory requirements for granting

an exemption have been met—i.e.:

(1) That the exemption is necessary to

prevent an undue economic burden on the

unit of government; and

(2) That the aviation safety program of the

unit of government is effective and

appropriate to ensure safe operations of the

type of aircraft operated by the unit of

government. Individuals drafting a petition

for exemption on behalf of a unit of

government should familiarize themselves

with FAR Part 11.

[FR Doc. 95–10052 Filed 4–19–95; 3:14 pm]

BILLING CODE 4910–13–M

Notice of Availability, Draft

Environmental Impact Statement for

the Proposed Master Plan Update at

Seattle-Tacoma International Airport,

Seattle, Washington

AGENCY: Federal Aviation

Administration (FAA).

ACTION: Draft Environmental Impact

Statement Notice of Availability.

SUMMARY: The Federal Aviation

Administration (FAA) has released, for

public and agency review, the Draft

Environmental Impact Statement (DEIS)

for the Master Plan Update at SeattleTacoma International Airport, Seattle,

Washington. This document

summarizes the anticipated

environmental impacts of the proposed

alternatives that include development of

a new parallel runway, and additional

terminal, landside and cargo facilities.

All of the development alternatives will

result in floodplain encroachment,

wetland filling, stream relocation,

property acquisition, as well as other

impacts such as changes in noise and air

quality.

DATES: In order to be considered,

written comments must be received by

Mr. Dennis G. Ossenkop, Federal

Aviation Administration, Airports

Division, 1601 Lind Ave. SW., Renton,

WA 98055–4056, on or before August 3,

1995. Questions concerning the draft

EIS should also be directed to Mr.

Ossenkop.

SUPPLEMENTARY INFORMATION: The

Federal Aviation Administration (FAA)

has released, for public and agency

review, the Draft Environmental Impact

Statement for the Master Plan Update at

Seattle-Tacoma International Airport.

This document summarizes the

anticipated environmental impacts of

the proposed alternatives that include

development of a new parallel runway,

and additional terminal, landside and

cargo facilities. All of the development

alternatives will result in floodplain

encroachment, wetland filling, stream

relocation, and property acquisition, as

well as other impacts.

The FAA and the Port of Seattle

(owner of the airport), as joint lead

agencies, will host two Public Hearings

concerning the proposed Master Plan

Update alternatives. The first Public

Hearing will be held from 1:00 PM to

10:00 PM on Thursday, June 1, 1995 at

the Red Lion Hotel near Sea-Tac

Airport, 18740 Pacific Highway South,