1/29/08                        FY08 SECOND quarter Editorial updates             8900.1 CHG 0

VOLUME 2       Air Operator AND AIR AGENCY Certification and ApplicATION PROCESS

chapter 6  Title 14 CFR PART 125 CERTIFICATION AND OPERATING RULES

Section 3  Evaluate an Application for Deviation Authority under Part 125

2-711      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Granting a Letter of Deviation Authority (LODA) authorizing deviation from Title 14 of the Code of Federal Regulations (14 CFR) part 119, § 119.23 and part 125, § 125.5, requirements to hold a certificate and operation specifications,(OpSpecs) identified in automated Operations Safety System (OPSS) as an A125 LODA (part 125M database).

·        Operations:    1328.

·        Maintenance: 3240.

·        Avionics:       5240.

B.     Granting a LODA authorizing deviations from a specified section of parts 125.

·        Operations:    1328.

·        Maintenance: 3319.

C.     Granting a LODA authorizing Special Flight Authorization (SFA).

·        Operations:    1260.

·        Maintenance: 3319.

·        Avionics:       5319.

2-712      OBJECTIVES. The objective is to determine the applicant’s eligibility for and issuance of the following:

A.     LODA authorizing a deviation from § 119.23 and § 125.5, the requirement to hold a certificate and OpSpecs (A125 LODA).

B.     An LODA to deviate from specified sections of part 125.

C.     An LODA authorizing a SFA.

NOTE: All deviations, including the A125 LODA and SFAs will be approved or denied by the principal operations inspector (POI) and, if approved, issued through OPSS.

2-713      DEFINITIONS.

A.     Applicant. An applicant is the entity applying for any deviation authority. The applicant may be a part 125 certificate holder or an A125 LODA holder. An applicant may also be a person applying for a part 125 certificate or a person applying for a deviation from § 119.23(a)(3) and § 125.5 (the requirement to hold an Operating Certificate and OpSpecs) here after to be identified as an A125 LODA holder.

B.     A125 LODA Holder. An A125 LODA holder is a person/operator who is issued a LODA from §119.23 and § 125.5 (the requirement to hold an Operating Certificate and OpSpecs), and is identified in OPSS (125M database) as an A125 LODA operator.

C.     LODA. LODA is a formal authorization issued by the Federal Aviation Administration (FAA) certificate-holding district office (CHDO), authorizing a deviation from specified sections of part 125. LODAs are issued to certificate holders and A125 LODA holders or for an SFA. Deviations are authorized in accordance with § 125.3. These deviations are approved by the POI and issued through OPSS.

D.    SFA. SFA is a LODA authorizing an operator to accomplish the following short-term operations (normally a maximum of 30 days) in accordance with part 91:

1)      Sales demonstration flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
2)      Ferry flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
3)      Training flights conducted for certification under parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA.
4)      SFAs ( § 91.715) are issued to an operator of a foreign civil aircraft to be operated without an airworthiness certificate.

E.     Special Flight Permits (SFP). SFPs are issued to operator of an aircraft that may not currently meet the applicable airworthiness requirements but is capable of safe flight. (See § 21.197 and § 21.199). Foreign citizens operating U.S. registered airplanes may apply to the Flight Standards District Office (FSDO) for an SFP to allow operation to the United States for obtaining a part 125 certificate.

2-714      DEVIATION APPLICATION PROCESSES.

A.     A Request for LODA, A125 LODA. (2‑715).

B.     A Request for Deviation from Specified Sections of Part 125. (2‑716).

C.     A Request for an SFA. (2‑717).

2-715      A125 LODA APPLICATION AND ISSUANCE PROCESS.

A.     Background.

1)      The development of the A125 LODA is the outcome of a change in policy associated with “full deviations” to all of part 125. Historically corporate and private use operators operating in non-common carriage, carrying passengers or cargo, without compensation or hire, were given full deviation to all of part 125. These operators were allowed to operate under part 91 rules. The FAA has determined that issuing a deviation from all provisions of part 125, for prolonged periods, would render part 125 meaningless and defeat the purpose of the rule. Therefore, deviation authority granted under § 125.3 should be interpreted to mean deviation authorization to the extent possible by regulation and policy while maintaining an equivalent level of safety.
2)      The policy embodied in the A125 LODA is to require all aircraft having a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more to operate in accordance with the higher safety requirements of part 125. The A125 LODA provides relief from the requirements to hold a certificate and operation specifications for noncommercial operators only. The A125 LODA assures the safety intent of the operating rule while granting certification relief to corporate and private use operators.

B.     Eligibility.

1)      Operation under an A125 LODA is authorized when the operations are noncommercial in nature. Noncommercial operations, as they relate to the A125 LODA, are defined as:

·        Operations in which persons or cargo are transported without compensation or hire, or

·        Operations that do not involve the transportation of persons or cargo.

2)      The A125 LODA may also be issued when the operator conducts compensation operations not involving common carriage as long as such compensation operations are only in accordance with the following:
a)      Aerial work operations such as aerial photography or survey, or pipeline patrol, but not including fire-fighting operations.
b)      Flights for the demonstration of an airplane to prospective customers when no charge is made except for those specified in expenses below.
c)      Flights conducted by the operator of an airplane for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation.
d)      Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air) and no charge, assessment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane. The exception is that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company.
e)      The carriage of company officials, employees, and guests of the company on an airplane operated under a time sharing, interchange, or joint ownership agreement as specified in category below.
f)        The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in expenses below.
g)      The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage.
h)      The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributorships, when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.

C.     Category.

1)      A time sharing agreement means an arrangement whereby a person leases his airplane with flightcrew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in expenses below.
2)      An interchange agreement means an arrangement whereby a person leases his airplane to another person in exchange for equal time, when needed, on the other person's airplane, and no charge, assessment, or fee is made, except that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes.
3)      A joint ownership agreement means an arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flightcrew for that airplane and each of the registered joint owners pays a share of the charge specified in the agreement.

D.    Expenses. The following may be charged, as expenses of a specific flight, for transportation:

1)      Fuel, oil, lubricants, and other additives.
2)      Travel expenses of the crew, including food, lodging, and ground transportation.
3)      Hangar and tie-down costs away from the airplane's base of operation.
4)      Insurance obtained for the specific flight.
5)      Landing fees, airport taxes, and similar assessments.
6)      Customs, foreign permit, and similar fees directly related to the flight.
7)      In flight food and beverages.
8)      Passenger ground transportation.
9)      Flight planning and weather contract services.
10)  An additional charge equal to 100 percent of the expenses listed above in item 1) of this subparagraph.

E.     Authority.

1)      An A125 LODA (see sample template, 2‑718) is the authority to deviate from § 125.5 and § 119.23(a)(3), the requirement to hold a certificate and OpSpecs, when conducting noncommercial operations. This deviation authority is granted in accordance with part § 125.3.
2)      The A125 LODA holder must comply with all other sections of part 125 with the exception of § 125.5.
3)      Any reference in part 125 to certificate holder (except for part § 125.5), for the purpose of this A125 LODA, should be interpreted to mean the A125 LODA holder. Any reference in part 125 to OpSpecs (except for part § 125.5), for the purpose of this A125 LODA, should be interpreted to mean letters of authorization (LOAs).
4)      The A125 LODA holder will require LOAs for operations such as Reduced Vertical Separation Minimums (RVSM), minimum navigation performance specification (MNPS), or any other item that the Administrator determines is necessary to cover a particular situation (see § 125.31).

F.      Guidance.

1)      Existing full deviation holders.
a)      POIs responsible for existing full deviation LODAs should review the requirements for eligibility in paragraph 2‑715B of this section. If the operator is eligible and applies for the A125 LODA, they must follow the application process in paragraph F2) of this section.
b)      The CHDO must ensure each operator completes the requirements of the A125 LODA process. This must be accomplished on or before March 31, 2008. Before that date the operator must have been issued the new A125 LODA (A125 LODA template, see paragraph 2-718) and an A005 (LOA template) authorizing any new deviations. If for some reason the full deviation LODA holder cannot meet the March 31, 2008 date, he or she must petition for an extension to the Flight Standards General Aviation and Commercial Division, AFS-800 through the POI.
2)      Applying for the A125 LODA.
a)      An applicant seeking an A125 LODA must submit a letter requesting the A125 LODA deviation authority at least 60 days prior to the date the applicant plans to begin operations (§ 125.12).
b)      The written request must declare that no operations conducted with the aircraft listed in the request will be used for compensation or hire. If any compensation is involved and such operations meet every element of one or more of the examples (see paragraph 2‑715B and paragraph 3 of the A125 LODA), then the POI may issue the A125 LODA allowing the operator to conduct flight operations without a part 125 certificate or operation specifications.
c)      The POI must insure the eligibility of the applicant in accordance with 2‑715B, Eligibility Requirements.
d)      The FSDO/CHDO will scrutinize each operator and the circumstances of the proposed operation to determine if granting the A125 LODA is appropriate. Because of the 60‑day limitation for formal action on the request, assessing the application for the A125 LODA requires prompt action when the FSDO/CHDO receives the request.
e)      If the applicant is eligible for the A125 LODA, they should present a written plan (see paragraph 2‑719) to the FSDO/CHDO. The plan should outline how they will comply with the requirements of each section of part 125 as listed in the LODA (template A125, paragraph 5). The plan must also include practices and procedures that will meet the equivalent level of safety for those additional specified sections of part 125 for which a deviation is requested.
f)        Oversight will be accomplished by the local FSDO/CHDO based on its geographic location in relation to the applicant's proposed principal base of operations. The controlling CHDO will be responsible for all matters relating to the A125 LODA application and administration.

G.    Administrating the A125 LODA in the OPSS.

1)      OPSS enables the FAA to track, manage, and administer part 125 authorizations and deviations, including the A125 LODA. A125 LODA LOAs and deviations will be accountable, traceable, current, and readily available to both the operator and the FAA through the OPSS system.
2)      Issuance of the A125 LODA (A125 template) authorizing the operator to deviate from § 125.5 and § 119.23(a)(3), the requirement to hold a certificate and operation specifications, is available in the 125M database and will be issued from the OPSS.
3)      Selectable authorized deviations, in the OPSS drop down deviation menu, are identified and available for issue and authorization in (LOA) A005.
4)      Deviations requested that are not listed, in the drop down deviation menu, may be added ( by AFS‑260 and AFS‑820 only) through a separate application process described in Section 2‑716, Request for Deviation from Specified Sections of part 125.

NOTE: At no time should the POI manually enter, or amend deviations selected from the OPSS deviation database. The management and administration of the OPSS database is solely a function of AFS‑260 and AFS‑820.

5)      The A125 LODA (A125 template) requires other accompanying LOAs. The following is a list of must issue LOAs:

·        A001, Issuance and Applicability,

·        A002, Definitions and Abbreviations,

·        A003, Airplane Authorization,

·        A004, Summary of Authorizations,

·        A005, Exemptions and Deviations,

·        A006, Management Personnel,

·        A007, Designated Persons,

·        A008, Flight Release Authority,

·        A009, Airport Aeronautical Data,

·        A010, Aeronautical Weather Data,

·        A031, Flight Crewmember Requirements,

·        A125, Letter of Deviation Authority (LODA),

·        A447, Emergency Airworthiness Directive (EAD) Notification Requirements,

·        B050, Authorized Areas of En Route Operations, Limitations, and Provisions,

·        D073, Airplane Inspection Program,

·        D085, Airplane Listing,

·        D088, Airplane Engine Maintenance/Overhaul Program,

·        D095, Minimum Equipment List (MEL), and

·        E096, Weight and Balance Control Procedures.

6)      Optional LOAs for special areas of operations are available in the OPSS. If authorized, these must be issued from the OPSS. For example, use template B034 for issuing Precision Area Navigation (P‑RNAV) authorizations for European airspace, B036 for Required Navigation Performance (RNP‑10) (Pacific RNP‑10 operations), B039 for North Atlantic Minimum Navigation Performance Specifications (NAT/MNPS), B046 for RVSM, C059/C060, respectively, for CAT II/III, and so forth. The guidance for issuing these operations is associated with each template in the OPSS.

H.    Issuing Vital Information Subsystem(VIS) and OPSS Designators.

1)      If an operator is entered in the OPSS as a 91M or 91J operator and is or will be issued this A125 LODA, the operator will need to be moved into the OPSS 125M database.
2)      If your operator does not have a part 125 designator, follow the standard guidance in Order 8900.1 for obtaining, from AFS‑620, the VIS designator number with the fourth character as “M.” Once the operator is assigned this designator, follow the OPSS procedures to obtain a 125 M designator in the OPSS.
3)      After the OPSS designator is assigned, process all authorizations from the 125M database of the OPSS.
4)      Other optional templates/LOAs are available in the 125M database. These templates may be issued with approval from the POI.

2-716      REQUEST FOR DEVIATION FROM SPECIFIED SECTIONS OF PART 125.

A.     Request for Deviation.

1)      A list of standard deviations can be found in the drop down deviation menu of the OPSS. These standard deviations have been authorized by FAA Headquarters (AFS‑820) and can be approved at the FSDO level.
2)      Requests for deviations not listed in OPSS must be forwarded to FAA Headquarters (AFS‑820) along with the justification and any supporting documents. FAA Headquarters (AFS‑820) will either approve or reject the request. If FAA Headquarters approves the deviation sought, the deviation will be entered into the OPSS database and will become an authorized selectable deviation.
3)      FSDOs can issue the deviation at their prerogative. If the request for deviation is rejected, FAA Headquarters (AFS‑820) will notify the FSDO/CHDO.

B.     Authorizing Deviations. A certificate holder or an A125 LODA holder must apply for a deviation. The requestor must submit a specific request to its certificate/A125 LODA holding district office.

1)      The requestor must identify, in writing, the specific regulatory section(s) from which a deviation is requested. An entity seeking deviation authority from one or several sections of part 125 must file the request at least 60‑days before the date of intended operations. The requestor may not deviate from federal regulations until the authority is granted and the deviation is issued through the OPSS.
2)      The letter and any attachments must contain the specific reasons for the deviation request, information to show that an equivalent level of safety will be maintained, and any other information the FAA may require.
3)      If the POI/principal maintenance inspector (PMI)/principal avionics inspector (PAI) determines that an equivalent level of safety will be maintained, the POI may authorize the deviation by selecting the deviation from the list of authorized deviations in the OPSS database. (Select deviations in OPSS from the Certificate Holder menu then click on Deviation Assignment.)
4)      The OPSS provides standardized selections of deviations that are available for authorization in template A005. (Detailed instructions for assigning deviations from the OPSS are available in OPSS guidance system with template A005 in all databases.)
5)      Inspectors may only authorize deviations listed in the 125/125M database.
6)      If the specific deviation is not in the OPSS national database, the POI must e‑mail a request to the OPSS help desk to add the deviation.
7)      The POI’s request for the deviation to be put into the OPSS deviation database must contain the deviation, its authority, and description of the deviation. For example see Table 2‑8 below:

Table 2‑8, Deviation Authority, Deviation Form, Description, Conditions/Limitations

Deviation Authority

Deviation From

Description

Conditions and Limitations

125.203(e)

125.203(e)

Authorizes a deviation from the radio and navigation equipment requirements in extended over water operations (B045 and B054)

N/A

125.207(a)(1)(i)

125.207(a)(1)(i)

Authorizes a deviation from the first aid kit content requirements

N/A

125.207(b)(1)

125.207(b)

Authorizes a deviation from the megaphone location requirements

N/A

8)      Once the appropriate FAA policy division (AFS‑800 or the Aircraft Maintenance Division, AFS‑300) approves the deviation, headquarters will enter it into the OPSS deviation database so it is available for authorizing in LOA template A005.

2-717      REQUEST FOR SFA.

A.     SFAs are used as an alternate method of compliance with § 119.1(e) and § 125.1(b)(3) and (4). The current regulatory language in these sections do not allow for operations such as sales demonstrations flights, ferry fights, and training flights conducted for part 61 and 63 crew training and qualification associated with the certification phase of a part 119 certificate applicant or an applicant for a part A125 LODA.

1)      Section 125.3 provides the authority for the SFA.
2)      An SFA is conducted in accordance with part 91 rules. The maximum duration of an SFA is normally 30 days.

B.     The operator must request the SFA, in writing, specifically outlining enough information for the inspector to be able to evaluate the proposed operation. The written request must include at least the following:

1)      A statement asserting that the operation is not for compensation or hire.
2)      The proposed type of operation.
3)      The length of the proposed operation, to include a start and stop date.
4)      The airplane make/model and registration/serial number.

C.     The FSDO issues an SFA, LODA, through the OPSS, when a particular operation is infrequent and involves a defined short period. The limitations on the operation vary depending on the type of operation. These limitations are detailed in each of the sample letters (templates) in this section. Operations considered in this category include;

1)      Sales demonstration flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
2)      Ferry flights when the operator is not certificated under part 119 or the holder of an A125 LODA.
3)      Training flights conducted for certification under parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA

D.    Issuance of the SFA Template from OPSS. An SFA is used, when required, to meet the needs of part 121 and part 125 operations. SFA templates, therefore, are located in the part 91,121,125, and part 125M databases. Depending on the proposed operation, choose the SFA needed (Sales Demonstration Flights, Ferry Flights, etc.) from the suitable database.

1)      Location of the SFA in OPSS.
a)      SFAs (3 standard types) are located in the part 91,121, 125, and 125M OPSS databases. Access to the SFA deviation assignment is through the dropdown “Certificate Holder” menu button on the OPSS database tool bar. Next, select the deviation button to acquire the selectable deviations.
b)      Each SFA will have an associated LODA shown as an LODA template. These LODA templates are found in the “A” section of the appropriate databases.
c)      Each SFA LODA will have an accompanying, selectable, deviation authority, which will be issued in the A005 template (shown in the Table 2‑9).

Table 2‑9 A005 Template.

Deviation Authority

Deviation From

Description

Conditions and Limitations

14 CFR § 125.3

14 CFR part 125

Sales Demonstration

Sales demonstration flights when the operator is not certificated under 14 CFR part 119.

(See: Figure 2‑30,B)

14 CFR § 125.3

14 CFR part 125

Ferry Flights

Ferry flights associated with certification under 14 CFR part 119. (See: Figure 2‑30,A)

14 CFR § 125.3

14 CFR part 125

Training Flights

Training flights conducted for part 61 and 63 crew training, qualification and currency associated with the certification phase of 14 CFR part 119. (see: Figure 2‑30C)

2)      Issuance of the SFA.
a)      Upon determination of eligibility for the SFA, the POI will issue the SFA/LODA through OPSS.
b)      The POI will select the appropriate SFA and complete the fill in text (within the template) to satisfy the requirements and limitations deemed necessary for the   respective operation.
c)      The SFA is then issued in the A005 template and a true copy of the SFA LODA is give to the operator to satisfy the requirements of § 125.7.

2-718      SAMPLE A125 LODA TEMPLATE.

SAMPLE OF TEMPLATE LODA A125

14 CFR PART 125M OPERATIONS

Letter of Deviation Authority (LODA)

A.     Letter of Deviation Authority (LODA). The operator/company listed at the bottom of this document is hereby issued an LODA from the requirements of Title 14 of the Code of Federal Regulations (14 CFR) part 125.5 to hold a part 125 operating certificate and operations specifications (OpSpecs), as provided by § 119.23(a), § 125.3(a), and as authorized in A005, Letter of Authorization, Exemptions and Deviations.

B.     This LODA authorizes the company/operator to transport its personnel, property, and guests. Guests may only travel on flights for which the company/operator has a business purpose.

C.     This LODA is issued for the purpose of conducting noncommercial operations. Noncommercial operations are operations in which persons or cargo are transported without compensation or hire, or operations that do not involve the transportation of persons or cargo. It is also issued when the operator conducts compensation operations not involving common carriage as long as such compensation operations are only in accordance with the following:

1)      Kinds of Operations.
a)      Ferry or training flights may be conducted without carrying passengers or cargo under part 91.
b)      Aerial work operations such as aerial photography or survey, or pipeline patrol, but not including firefighting operations.
c)      Flights for the demonstration of an airplane to prospective customers when no charge is made except for those specified in subparagraph 3) below.
d)      Flights conducted by the operator of an airplane for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation.
e)      Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transportation by air). No charge assessment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane, except that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company.
f)        The carriage of company officials, employees, and guests of the company on an airplane operated under a time sharing, interchange, or joint ownership agreement as defined in subparagraph 2)b) below.
g)      The carriage of property (other than mail) on an airplane operated by a person in the furtherance of a business or employment (other than transportation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for the carriage other than those specified in subparagraph 2)c) below.
h)      The carriage on an airplane of an athletic team, sports group, choral group, or similar group having a common purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that carriage.
i)        The carriage of persons on an airplane operated by a person in the furtherance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributorships, when the carriage is within the scope of, and incidental to, that business and no charge, assessment, or fee is made for that carriage.
2)      Definitions.
a)      A time sharing agreement means an arrangement whereby a person leases his airplane with flightcrew to another person, and no charge is made for the flights conducted under that arrangement other than those specified in subparagraph 2)c) below;
b)      An interchange agreement means an arrangement whereby a person leases his airplane to another person in exchange for equal time, when needed, on the other person’s airplane, and no charge, assessment, or fee is made, except that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes;
c)      A joint ownership agreement means an arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flightcrew for that airplane and each of the registered joint owners pays a share of the charge specified in the agreement.
3)      Expenses that may be Charged. The following may be charged, as expenses of a specific flight, for transportation:
a)      Fuel, oil, lubricants, and other additives.
b)      Travel expenses of the crew, including food, lodging, and ground transportation.
c)      Hangar and tie-down costs away from the airplane's base of operation.
d)      Insurance obtained for the specific flight.
e)      Landing fees, airport taxes, and similar assessments.
f)        Customs, foreign permit, and similar fees directly related to the flight.
g)      In flight food and beverages.
h)      Passenger ground transportation.
i)        Flight planning and weather contract services.
j)        An additional charge equal to 100 percent of the expenses listed above in item a) of this subparagraph.

D.    Any operations, other than those authorized by this LODA, will result in the termination of this deviation authority. This LODA must be surrendered upon the request of the Administrator or an authorized representative. A copy of this LODA must be carried in the airplane(s) as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

E.     This LODA is issued with the understanding that the company/operator must:

1)      Operate its airplane (make/model and registration/serial number) authorized in A003, Airplane Authorization, in compliance with §§ 125.91 and 125.93 notwithstanding specific deviations as authorized in A005, Letter of Authorization, Exemptions and Deviations.
2)      Conduct operations in accordance with §§ 125.25, 125.37, 125.39, 125.45, 125.47 (A001, Issuance and Applicability), 125.49, 125.51, and 125.53, of subpart B, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations. A007, Letter of Authorization, Designated Persons, must be issued to show compliance or equivalent level of safety to § 125.25.
3)      Comply with part 125, subpart C, Manual Requirements, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
4)      Comply with  part 125, subpart D, Airplane Requirements, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
5)      Comply with part 125, subpart E, Special Airworthiness Requirements, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
6)      Comply with part 125, subpart F, Instrument and Equipment Requirements, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
7)      Comply with part 125, subpart G, Maintenance, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
8)      Comply with part 125, subpart H, Airman and Crewmember Requirements, and subpart I, Flight Crewmember Requirements, and provide initial and/or recurrent training for flightcrew and flight attendant emergency training as authorized in A031, Letter of Authorization, Flightcrew and Flight Attendant, Requirements, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
9)      Conduct flight operations in accordance with part 125, subparts J, K and L, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations. These operations must be described in A008, Letter of Authorization, Flight Release Authority.
10)   Comply with the requirements of part 125, appendices A, B, C, D, and E, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.
11)   Comply with the Special Area of Authorization requirements contained in, but not limited to, LOAs B034, B036, B039, B046, B050, and D098, as applicable, if issued.
12)  Comply with the requirements of § 125.201 by the issuance of a letter of authorization (LOA) for a minimum equipment list (MEL) (LOA D095).
13)  Notify the manager of the Flight Standards District Office (FSDO) of any material change in the facts stated in your letter of compliance for this LODA and/or any changes in the original authorizations and deviations herein.

2-719      SAMPLE LETTER OF COMPLIANCE, A125 LODA.

SAMPLE LETTER OF COMPLIANCE

This attachment to the formal application letter should address each section of part 125, § 125.1 through § 125.411, including appendices A–E, and specify how the operator intends to comply with the requirements of the rule. The following examples, which are not all-inclusive, are representative of how this requirement may be met, but are not intended to imply that another approach would not be equally acceptable.

A.     Subpart A. General.

1)      Title 14 of the Code of Federal Regulations (14 CFR) section 125.1, Applicability. AnyAir Aviation intends to conduct operations which meet the applicability of this section.
2)      Section 125.3, Deviation Authority. AnyAir Aviation intends to comply with the requirements of part 125 and to request to operate under a Letter of Deviation Authority (LODA).
3)      Section 125.5, Operating Certificate and Operation Specifications (OpSpecs) Required. AnyAir Aviation understands it may not operate under the requirements and privileges of part 125 until receiving a part 125 LODA

B.     Subpart B. Certification Rules and Miscellaneous Requirements.

1)      Section 125.21, Application for Operating Certificate. AnyAir Aviation has provided the appropriate information to Flight Standards District Office (FSDO)‑[number]. We are planning to begin operations under part 125 on [date].
2)      Section 125.23, Rules Applicable to Operations Subject to This Part. AnyAir Aviation will comply with the applicable rules of part 125, and when operating outside the United States, will comply with International Civil Aviation Organization (ICAO) procedures and/or the rules specified by the country concerned and any rules of parts 61, 91, or 125, whichever is more restrictive.
3)      Section 125.25, Management Personnel Required. AnyAir Aviation has included this information in the manual (Chapter 1).
4)      Section 125.27, Issue of Certificate. AnyAir Aviation meets all the requirements of this section and should be issued an LODA under part 125.
5)      Section 125.29, Duration of Certificate. AnyAir Aviation understands that the certificate is effective until surrendered, suspended, or revoked, and is aware of the requirement to return the certificate to the Administrator in the event of an order of suspension or revocation.
6)      Sections 125.31 through 125.35, Not Applicable
7)      Section 125.41, Availability of Certificate and OpSpecs. AnyAir Aviation will maintain the original LODA available for inspection at the principal operations base, located at the following address:

AnyAir Aviation, Inc.

1750 Broad Street

Tulsa, Oklahoma 57692

NOTE: All of our aircraft will have a copy of the LODA displayed on board.

8)      Section 125.43, Use of OpSpecs. Not Applicable
9)      Section 125.49, Airport Requirements. AnyAir Aviation aircraft will not attempt operations into any airport unless it is properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communication aids, and air traffic control. Our policies regarding the use of airports are contained in Chapter 8, Flight Operations Procedures, of the manual.
10)   Section 125.53, Flight Locating Requirements. The pilot-in-command assigned to an AnyAir Aviation flight, will be responsible for operational control of each flight. The pilot-in-command will obtain the necessary information for the safe conduct of the flight and file a Federal Aviation Administration (FAA) flight plan with the nearest FAA Flight Service Station. Procedures to be followed for which an FAA flight plan is not filed are contained in Chapter 5, Preflight Planning and Flight Release Procedures, of the manual.

C.     Subpart C. Manual Requirements.

1)      Section 125.71, Preparation.
a)      AnyAir Aviation has prepared or acquired the manuals required to conduct operations.
b)      A revision system has been established to maintain these manuals in a current status. We are enclosing a copy of the policy and procedure manual and the Airplane Flight Manual (AFM).

D.    Subpart D. Airplane Requirements.

1)      Section 125.91, Airplane Requirements: General.
a)      AnyAir Aviation airplanes will, at all times, carry an appropriate and current airworthiness certificate.
b)      Company flight and ground employees will accomplish the appropriate inspections prior to each flight to ensure that the airplane is in an airworthy condition, and meets the applicable airworthiness requirements set forth in the Chapter 6, Procedure for Assuring Airworthiness of Airplane, of the manual.

NOTE: AnyAir Aviation has established a procedure for weighing of the aircraft in Chapter 4, Airplane Loading Instructions, of the manual.

E.     Subpart E. Special Airworthiness Requirements.

1)      Section 125.189, Demonstration of Emergency Evacuation Procedures.
a)      AnyAir Aviation has requested relief from the actual demonstration, which requires the evacuation of the full seating capacity, including crewmembers from the Boeing 727 aircraft, on the basis of prior demonstrations as a certificate holder under 14 CFR part [number].
b)      Evacuation demonstration from the Douglas DC‑9 will be accomplished as required by this section and has been scheduled with the FSDO on [date].

F.      Subpart F. Instrument and Equipment Requirements.

1)      Section 125.203, Radio and Navigational Equipment. AnyAir Aviation airplanes will be operated with the equipment specified in this section. Reference: minimum equipment list (MEL) (Chapter 3 of the manual).
2)      Section 125.215, Operating Information Required. AnyAir Aviation will maintain the materials, in current and appropriate form in the aircraft, accessible to the pilot while seated at the pilot station. All flight crewmembers will be required to use the appropriate checklists for the operations conducted.
3)      Section 125.223, Airborne Weather Radar Requirements. AnyAir Aviation airplanes are equipped with approved airborne weather radar systems. Appropriate information is available in the manual and in the AFM. Reference: MEL (Chapter 3).

G.    Subpart G. Maintenance.

1)      Section 125.243, Certificate Holder's Responsibilities. AnyAir Aviation has contracted all aircraft maintenance, including required inspections, to:

Repair Airlines

22 Hilton Road

Tulsa, Oklahoma 73156

H.    Subpart H. Airmen and Crewmember Requirements.

1)      Section 125.261, Airman: Limitations on Use of Services. Crewmember records will be maintained at the principal operations base. A copy of the airman certificate, medical certificate, and the results of all checks or tests will be maintained for each flight crewmember employed by AnyAir Aviation, Inc.
2)      Section 125.263, Composition of Flightcrew. AnyAir Aviation airplanes will be operated by the number and type of crewmembers specified in the FAA‑approved AFM. All flight crewmembers assigned to the Boeing [model] aircraft will be expected to be capable of performing emergency flight engineer functions. The pilot-in-command is designated on the flight release. Qualified captains will be designated only by the Director of Flight Operations.
3)      Section 125.267, Flight Navigator and Long-Range Navigation Equipment. AnyAir Aviation will comply with the requirements of this section. We are requesting approval of the use of the Omega or long-range navigation‑C system (Loran‑C) to meet the long range navigational equipment requirements in lieu of a flight navigator. (See our OpSpecs.)
4)      Section 125.271, Emergency and Emergency Evacuation Duties. AnyAir Aviation meets all the requirements of this section by publishing appropriate instructions for all flight crewmembers on emergency evacuation duties. Reference: Chapter 10 of the manual.

I.       Subpart I. Flight Crewmember Requirements.

1)      Section 125.281, Pilot-in-Command Qualifications. AnyAir Aviation is knowledgeable and will comply with the requirements of this section by checking all of our pilots’ qualifications initially and on a monthly basis.
2)      Section 125.285, Pilot Qualifications: Recent Experience. All AnyAir Aviation pilot flight crewmembers meet the recency of experience requirements of this section. We have developed a monthly status chart to assure that our crewmembers continue to meet recent experience requirements.

J.      Subpart J. Flight Operations.

1)      Section 125.311, Flight Crewmembers at Controls. AnyAir Aviation will comply with the requirements of this section. Our policy is shown in Chapter 8 of the manual.
2)      Section 125.329, Minimum Altitudes for Use of Autopilot. AnyAir Aviation understands and will comply with the requirements of this section. The automatic flight control system is described in the FAA‑approved AFM. Operational information and limitations are specified, including minimum altitudes for en route and approach.

K.    Subpart K. Flight Release Rules.

1)      Section 125.359, Flight Release Under visual flight rules (VFR). AnyAir Aviation will comply with the requirements of this section. Our procedures in Chapter 5 of the manual cover this item.
2)      Section 125.377, Fuel Supply: Turbine Engine-Powered Airplanes Other than Turbopropeller. AnyAir Aviation will comply with the requirements of this section as it is written. No exceptions or deviations from these requirements are necessary for our operations. Our policies regarding fuel supply are outlined in our manual. Trip fuel requirements will be determined by the captain based on a thorough flight analysis. Reference: Chapter 5 of the manual and our proposed OpSpecs.

L.     Subpart L. Records and Reports.

1)      Section 125.405, Disposition of Load Manifest, Flight Release, and Flight Plans. AnyAir Aviation has developed procedures for the distribution of these documents. (See Chapter 9 of our manual.)

M.  Appendix A, Additional Emergency Equipment.

·        AnyAir Aviation understands – means for emergency evacuation,

·        Interior emergency exit markings,

·        Lighting for interior emergency exit markings,

·        Emergency light operation,

·        Emergency exit operating handles,

·        Emergency exit access,

·        Exterior exit markings, and

·        Exterior emergency lighting and escape routes.

N.    Appendix B, Criteria For Demonstration For Emergency Evacuation Procedures Under § 125.189. AnyAir Aviation understands the aborted takeoff demonstration and ditching demonstration of this section.

O.    Appendix C, Ice Protection. AnyAir Aviation complies with the requirements of this section.

P.      Appendix D, Airplane Flight Recorder Specification. AnyAir Aviation complies with the requirements of this section.

Q.    Appendix E, Airplane Flight Recorder Specifications. AnyAir Aviation complies with the requirements of this section.

Figure 2‑27, Letter Denying Request for Deviation Authority (Specified Sections of 14 CFR Part 125).

FAA Letterhead

[Date]

[Applicant name and address]

Dear [name of appropriate official]:

This is to inform you that your request for deviation authority [insert date of letter of request] has been denied.

[Cite the reasons for denial in detail]

Any questions concerning this matter should be directed to this office [insert the telephone number and operating hours of the FSDO].

Sincerely,

District Office Manager

Figure 2‑28, Letter Withdrawing Deviation Authority.

FAA Letterhead

[Date]

[Deviation holder name and address]

Dear [name of appropriate official]:

This is to inform you that the Letter of Deviation Authority (LODA) issued by this office on [insert date of deviation letter], which granted you deviation from [list the sections of Title 14 of the Code of Federal Regulations (14 CFR) part 125], is withdrawn, effective [immediately or specify a date].

[Cite the reasons for withdrawal in detail]

In accordance with the conditions of the LODA, please return the original and all copies to this office.

Any questions concerning this matter should be directed to this office [include office telephone number and operating hours].

Sincerely,

District Office Manager

Figure 2‑29, Letter Denying SFA.

FAA Letterhead

[Date]

[Applicant name and address]

Dear [name of appropriate official]:

This letter is to inform you that your request for a Special Flight Authorization (SFA) under Title 14 of the Code of Federal Regulations (14 CFR) part 125 § 125.3 is denied.

[Cite all the reasons for denial in detail, as in the following examples:]

Any questions concerning this matter should be directed to this office [include office telephone number and operating hours].

Sincerely,

District Office Manager

Figure 2‑30, Examples Of Special Flight Authorization (SFA) Templates A510‑A512.

A.     Ferry Flight LODA, Special Flight Authorization (SFA), Template A510.

Letter of Deviation Authority

Special Flight Authorization (SFA) for Ferry Flights

1)      Letter of Deviation Authority (LODA). This LODA constitutes an SFA, issued to the operator listed below, for the purpose of ferrying an airplane under part 91 from the departure airport [enter] to the destination airport [enter].
2)      This LODA authorizes the operator to operate the airplane(s) listed in Table 2‑11 in accordance with part 91.
3)      The operator and responsible party listed below in Table 2‑10 must be responsible for the strict observance of the terms and provisions contained herein.

Table 2‑10, Registered Operator Contact Information

Operator Name

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

E‑Mail Address:

 

4)      This LODA is not transferable.
5)      Effective Dates. This LODA is effective from [enter dd/mm/year] to [enter dd/mm/year] inclusive, and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.
6)      Ferry Flights will be conducted without passengers or cargo.
7)      A true copy of this LODA must be carried on the airplane/ airplanes listed in Table 2‑11 ( § 125.7)
8)      Authorized Airplane(s). Only the airplane(s) listed in Table 2‑11 are authorized for Ferry Flights under this LODA:

Table 2‑11, Airplanes Authorized For Ferry Flights

Registration No.

Serial No.

Aircraft M/M/S

 

 

 

 

 

 

9)      Ferry Flight Crewmembers. Only the crewmembers listed in Table 2‑12 below are authorized under this LODA:

Table 2‑12, Authorized Crewmembers

Crewmember Name

 

10)  Changes and/or Renewals to this LODA. Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards District Office (FSDO).

B.     Sales Demonstration Flights LODA, SFA, Template A511.

Letter of Deviation Authority

Special Flight Authorization (SFA) for

Sales Demonstration Flights

1)      Letter of Deviation Authority (LODA). This LODA constitutes an SFA, issued to the U.S. operator listed below, to conduct Sales Demonstration Flights under part 91 within the contiguous United States and within a [enter nautical miles] ‑nautical mile radius of the airport of departure.
2)      This LODA authorizes the operator to operate the airplane(s) listed in Table 2‑14 in accordance with part 91.
3)      The operator and responsible party listed in Table 2‑13 must be responsible for the strict observance of the terms and provisions contained herein.
Table 2‑13, Registered Operator Contact Information

Operator Name

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

E‑Mail Address:

 

4)      This LODA is not transferable.
5)      Effective Dates. This LODA is effective from [enter dd/mm/year] to [enter dd/mm/year] inclusive, and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.
6)      Only passengers and cargo necessary for the demonstration may be carried.
7)      The Sales Demonstration Flights authorized herein are to be conducted without compensation or hire.
8)      A true copy of this LODA must be carried on the airplane/ airplanes listed in Table 2‑14 ( § 125.7)      
9)      Authorized Airplanes. Only the airplane(s) listed below in Table 2‑14 are authorized for Sales Demonstration Flights under this LODA:

Table 2‑14, Airplanes Authorized For Sales Demonstration Flights

Registration No.

Serial No.

Aircraft M/M/S

 

 

 

 

 

 

10)  Authorized Pilots. Only the pilots listed in Table 2‑15 are authorized for use under this LODA:

Table 2‑15, Authorized Pilots

Pilot Name(s)

 

11)  Changes and/or Renewals to this LODA. Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards District Office (FSDO).

C.     Training Flights LODA, SFA, Template A512

Letter of Deviation Authority

Special Flight Authorization (SFA) for Training Flights

1)      Letter of Deviation Authority (LODA). This LODA constitutes a SFA, issued to the operator listed below, to conduct Training Flights under part 91 for the purpose of flight crewmember certification under parts 61 and 63, when associated with the certification process under part 119 or an applicant for a part 125 LODA (A125).
2)      This LODA authorizes the operator to operate the airplane(s) listed in Table 2‑17 in accordance with part 91.
3)      The operator and responsible party listed below in Table 2‑16 must be responsible for the strict observance of the terms and provisions contained herein.

Table 2‑16, Registered Operator Contact Information

Operator Name

 

Responsible Party Name:

 

Address:

 

Telephone:

 

Facsimile No.:

 

E‑Mail Address:

 

4)      The training flights will be conducted within the contiguous United States and within a [enter nautical miles] ‑nautical mile radius of the airport.
5)      This LODA is not transferable.
6)      Effective Dates. This LODA is effective from [enter dd/mm/year] to [enter dd/mm/year] inclusive, and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.
7)      Training flights will be conducted without passengers or cargo.
8)      A true copy of this LODA must be carried on the airplane/ airplanes listed in Table 2‑17. (14 CFR § 125.7)                 
9)      Authorized Airplane(s). Only the airplane(s) listed below in Table 2‑17 are authorized for Training Flights under this LODA:

Table 2‑17, Airplanes Authorized For Training Flights

Registration No.

Serial No.

Aircraft M/M/S

 

 

 

 

 

 

10)  Flight Crewmembers in Training. Only the crewmembers listed in Table 2‑18 below are authorized under this LODA:

Table 2‑18, Authorized Crewmembers

Crewmember Name

 

11)  Changes and/or Renewals to this LODA. Any changes, additions, or renewals to this LODA require submission of the request to the issuing Flight Standards District Office (FSDO).

RESERVED. Paragraphs 2‑720 through 2‑765

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 2  EXEMPTIONS, DEVIATIONS, WAIVERS, AND AUTHORIZATIONS

3-26          GENERAL EXEMPTION GUIDANCE. Granting an exemption is an alternative method of complying with a regulatory requirement. Exemptions are promulgated under Title 14 of the Code of Federal Regulations (14 CFR) part 11, General Rulemaking Procedures. A grant of exemption and each specific condition and limitation is a regulatory requirement. A petition for exemption may be submitted to the Federal Aviation Administration (FAA) by any interested person.

3-27          PETITIONS FOR RULEMAKING OR EXEMPTIONS. Part 11, § 11.63, prescribes the procedures for filing a petition for rulemaking and requesting an exemption from an existing rule. Section 11.81 specifies the information that must be included in the petition or request for exemption.

A.     Who May Apply. Any interested person may petition the Administrator to issue, amend, or repeal a rule. Any person may also request a temporary or permanent exemption from any rule issued by the FAA.

B.     Rules for Which Exemptions Are Inappropriate. Normally the FAA does not issue exemptions from rules in which deviation authority is specifically provided. For example, part 91, § 91.903, provides that a Certificate of Waiver authorizing the operation of an aircraft in deviation of part 91, subpart B, may be issued if the Administrator finds that the proposed operation can be safely conducted under the terms of the waiver.

C.     Supporting Information. The FAA issues exemptions only upon a finding that such action will be in the public interest. In providing the required supporting information, the petitioner should give particular attention to the reason why granting the request will be in the public interest.

3-28          CONTENT OF PETITION. Each petition for an exemption should contain the following:

·        The rule requirement from which exemption is sought,

·        The nature and extent of the requested regulatory relief,

·        A description of each person or aircraft to be covered by the exemption,

·        Any information, views, or arguments to support the action sought,

·        The reasons why a grant of exemption would be in the public interest, and

·        The action to be taken by the petitioner to provide a level of safety equivalent to that provided by the rule from which exemption is sought or the reason why a grant of exemption would not adversely affect public safety.

3-29          PREPARATION AND MAILING OF PETITION. Each petition should be submitted to the FAA at least 120 days before the proposed effective date of the requested exemption. Part 11 specifies the address for the proper FAA action office based on the subject of the petition. Serious consideration should be given to items listed in § 11.81 by the prospective petitioner before the petition is written. Frivolous or ill‑prepared petitions are rejected and both the petitioner’s and the FAA’s resources are unproductively used in the rejection process. Petitions are frequently rejected because the petitioner failed to identify and explain the reasons why a grant of exemption would be in the public interest. The petitioner’s interest is not necessarily considered to be in the “public interest.” A petitioner’s statement that a grant of exemption would be in the public interest because it would reduce the petitioner’s operating costs is not acceptable and is a reason for FAA rejection of the petition. Each petition for exemption should be well conceived and in writing.

3-30          PROCESSING THE PETITION. A summary of each petition for exemption is normally published in the Federal Register, and the public has 20 days to submit comments to the FAA‑assigned public docket. After the close of the public comment period, the FAA action office considers all comments received and decides whether to accept or deny the petition. The decision document is then prepared, coordinated, signed, and mailed to the petitioner.

3-31          DISTRIBUTION AND AVAILABILITY OF EXEMPTIONS. Additional copies of both grants and denials of exemptions are mailed to each regional office. Each document is also placed in the archives of the FAA’s computer system located in Oklahoma City Aviation Data Systems Branch (AFS‑620) and may be accessed through the Automated Exemption System (AES). Access to this system may be obtained by contacting the program manager at each regional headquarters. A grant of exemption normally contains conditions and limitations applicable to the grantee and is valid for two years. However, some grants of exemption may be valid for only a few months (for example, delayed compliance with an aircraft modification due to the non‑availability of parts).

3-32          AMENDMENT OF OPERATIONS SPECIFICATIONS (OPSPECS). The operations specifications of an operator granted an exemption are amended to show that the certificate holder is authorized to use the exemption in conducting its operations. See paragraph A005 of the OpSpecs.

3-33          AMENDMENT OF MANAGEMENT SPECIFICATIONS (MSPECS). The MSpecs of a fractional ownership program manager granted an exemption are amended to show that the program manager is authorized to use the exemption in conducting its flights (see MSpec A005).

3-34          PETITION FOR RECONSIDERATION. A petitioner who is denied an exemption may petition the FAA Administrator for reconsideration within 60 days after being notified of the denial of exemption. The petitioner’s request for reconsideration of its petition must be based on the existence of one or more of the following:

·        A finding of a material fact that is erroneous.

·        A necessary legal conclusion that is without governing precedent or is a departure from or contrary to law, FAA rules, or precedent.

·        An additional fact relevant to the decision which was not presented in the initial petition for exemption. (The petition for reconsideration must state the reason the additional fact was not presented in the initial petition.)

3-35          PROCESSING A PETITION FOR RECONSIDERATION. A summary of a petition for reconsideration of a grant or denial of exemption may be published in the Federal Register. If accomplished, a reasonable period for public comment is announced in the summary. In either event (with or without publication in the Federal Register) the FAA action office prepares and coordinates the decision document. If a grant or partial grant of exemption is issued, the document is signed by the FAA official who has been delegated such authority and responsibility in 14 CFR part 11. If a denial of petition for reconsideration is prepared and coordinated, the decision document is signed by the FAA Administrator. Copies of the grant, partial grant, or denial of petition for reconsideration are mailed and placed in archives as previously discussed. If the petitioner disagrees with the FAA Administrator’s decision, the petitioner may institute legal action within the Federal Appeals Court system.

3-36          DEVIATIONS, WAIVERS, AND AUTHORIZATIONS. Certain 14 CFR sections allow the Administrator to issue a Certificate of Waiver, a Certificate of Authorization, operations specifications, or management specifications which authorize a deviation. These actions permit a person or an organization to either deviate from a specific regulation or comply with special alternative provisions, conditions, or limitations. This regulatory flexibility is available to the Administrator when the specific regulatory section stipulates that it is available. There are three options available, which are referred to as follows:

A.     Deviation. When a regulatory section contains phrases such as “unless otherwise authorized by the Administrator;” “the Administrator may …;” “if the Administrator finds …;” “the Administrator may authorize …;” “the Administrator allows a deviation …;” “notwithstanding the Administrator may issue operations specifications …;” or other similar words, the regulatory flexibility is referred to as a deviation.

B.     Waiver. When the regulatory section contains phrases such as “the Administrator may issue a certificate of waiver …;” “in accordance with the terms of a certificate of waiver issued by the administrator;” or other similar words, the regulatory flexibility is referred to as a waiver.

C.     Authorization. When the regulatory section contains words such as “in violation of the terms of an authorization issued under this section;” “unless a certificate of authorization …;” or other similar words, the regulatory flexibility is referred to as an authorization.

NOTE: NOTE: If the specific regulatory section does not stipulate that a deviation, waiver, or authorization may be granted or issued, compliance with the regulation is mandatory. In these cases, the only method of obtaining relief from the regulation is through the exemption process.

3-37          WAIVERS AND AUTHORIZATIONS. When a regulatory section stipulates that a waiver or authorization is permitted, any person may apply for a certificate of waiver or a certificate of authorization. FAA Form 7711‑2, “Application for Certificate of Waiver or Authorization,” must be prepared and signed by the applicant and delivered or mailed to the appropriate FAA regional or district office for processing (see Figure 3‑2 for an example of FAA Form 7711‑2).

A.     The Assigned Inspector. The application must be processed in a timely manner. The assigned inspector will review the application, obtain appropriate additional information from the applicant, if necessary, and determine whether the applicant has provided adequate justification for a temporary waiver or authorization. The inspector will also determine whether the applicant will provide an equivalent level of public safety while conducting an operation under a certificate of waiver or authorization. If the application is denied, the reasons for denial will be specified in a letter to the applicant. If the waiver or authorization is granted, the inspector will prepare FAA Form 7711‑1, “Certificate of Waiver or Authorization,” (Figure 3‑3) for review by the authorizing FAA manager or the manager’s designated representative. The completed Certificate of Waiver or Authorization dated and signed by the jurisdictional Flight Standards District Office Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, will be mailed or delivered to the applicant. A copy of the application for a Certificate of Waiver or Authorization, both front and back, and a copy of the completed Certificate of Waiver or Authorization, will be retained in the files of the issuing office.

B.     Certificate of Waiver or Authorization. A Certificate of Waiver or Authorization will not be issued for any operation conducted under part 121, 125, 129, or 135. Requests for a deviation from these parts must be requested and processed in accordance with the following paragraphs.

3-38          DEVIATIONS. When a regulatory section stipulates that a deviation is permitted, any person or organization may apply for a deviation. Deviations may be granted and issued to operators conducting operations under part 121, 129, or 135 or to program managers under part 91 subpart K. To apply for a deviation, an operator must submit a letter to the FAA identifying the specific regulatory sections from which a deviation is requested. The letter and attachments, if appropriate, must contain the specific reasons the deviation is requested, information to show that an equivalent level of safety will be maintained, and any other information the FAA may require. The types of information that must be submitted with the request for a deviation are described in other sections of this handbook that relate to the specific subject matter. Unless otherwise specified by this handbook, deviations requested by operators conducting operations under parts 121, 129, and 135 must be authorized for use by operations specifications. Program managers under part 91 subpart K should be authorized to use deviations through their MSpecs. Approval, denial, and reconsideration procedures for processing deviation requests are the same as the procedures for processing, issuing, or amending operations specifications or MSpecs. District office recordkeeping requirements for each deviation are the same as operations specifications or MSpecs recordkeeping requirements.

3-39          DEVIATIONS FOR MILITARY CONTRACT OPERATIONS.

A.     Deviation Authority. Title 49 of the United States Code (49 U.S.C.) § 40118 provides for air transportation of government‑financed passengers and property. Section 40118 also permits the use of a foreign operator pursuant to bilateral agreement with the foreign air carrier’s government.

1) Transporting government‑financed persons and property must be provided by air carrier certificate holders authorized to operate under 14 CFR part 121. Part 121 § 119.57 permits the Administrator to authorize deviations to the applicable requirements of 14 CFR part 121, when necessary, so that operators may perform certain unique operations under a military contract. Operators who determine that deviations from certain 14 CFR part 121 requirements may be needed to operate under a Department of Defense (DOD) contingency plan must arrange for the Air Mobility Command (AMC) to submit an application for deviation (application to amend operations specifications) on their behalf. Operator requests for military contract deviations must be submitted to the following address:

Assistant for Civil Air

DCS for Operations and Transportation

HQ AMC/XOC

ARINC CODE:BLVMAMC

FAX: (618) 256‑6088

Telephone: (618) 256‑6751

NOTE: NOTE: The guidance in this paragraph does not apply to public aircraft operations. Guidance for these operations will be provided at a later date.

2) If the AMC elects to request such relief, it will submit an application, on behalf of all affected operators, directly to the manager of the Air Transportation Division (AFS‑200). AFS‑200 will then provide a copy to each operator’s certificate‑holding district office (CHDO) who will advise its regional office that AMC, on behalf of the operator, has forwarded an application (for a deviation and amended operations specifications) to AFS‑200. The CHDO will analyze the request as soon as possible and forward its recommendations to AFS‑200 through the regional office by the most expeditious means available.

B.     Amendment of OpSpecs. If the application is approved, a draft of the operations specifications paragraph authorizing the deviation or general guidance for the CHDO to use in drafting a nonstandard paragraph for inclusion in the operator’s operations specifications will be provided by the appropriate policy division. The CHDO will issue the amended OpSpecs to the operator. The amendment will contain an expiration date consistent with the duration of the specific military operation. However, the operator will be advised that the Administrator may, at any time, terminate the grant of deviation authority covered by the amended OpSpecs.

3-40          DEVIATION TO PERFORM AN EMERGENCY OPERATION.

A.     Emergency Operations. Section 119.57 and 135.19 specify requirements for obtaining deviation authority to perform an emergency operation. The term “emergency operations” means an immediate but temporary action to prevent or reduce the loss of life or property when an unanticipated threat occurs. Operations under a long‑term contract to provide certain types of protection (such as rescue, fire‑fighting, security) to the public cannot be classified as an unanticipated, temporary action. An “emergency operation” under §§ 119.57 and 135.19 is not related to the pilot in command (PIC) responsibility and emergency authority provided in 14 CFR § 91.3.

B.     Verbal or Written Amendment of Operations. The nature of the emergency dictates whether a verbal or written amendment of OpSpecs is justified. The manager of the CHDO must make this determination. If time permits, the manager of the CHDO may wish to consult by telephone with the regional office manager. The authorization to deviate, whether verbally or by written amendment to the OpSpecs, must be justified, applicable only to a specific emergency operation, and for a temporary and limited period of time. If a verbal authorization is given, the certificate holder must provide documentation describing the nature of the emergency to the CHDO within 24 hours after completing the operation.

3-41          USE OF FAA FORM 8430‑6, “ADMISSION TO FLIGHT DECK.”

A.     Personnel Authorized. Title 14 CFR part 121, § 121.547 allows certain individuals authorized by the operator and the Administrator (in addition to aviation safety inspectors (ASI) who hold FAA Form 110A, the ASI credential) to be admitted to the flight deck. In such cases, the individual will be issued an FAA Form 8430‑6.

1)      Requests for admission to an air carrier flight deck by FAA (non‑Flight Standards personnel) or FAA‑associated personnel under § 121.547(a)(3), should be submitted, through channels, to the CHDO concerned or, in the case of headquarters personnel, to AFS‑200.
2)      Requests by individuals other than FAA personnel (or FAA‑associated personnel) for admission to a flight deck should be submitted to the operator concerned. The operator, in turn, will forward the request to the appropriate CHDO. The CHDO should examine a request to determine if such authorization is justified. When issuing FAA Form 8430‑6, principal operations inspectors (POI), or their designated representatives, must determine that all required information is complete and that the request is appropriately justified.

B.     Restrictions. Authorization for admission to the flight deck and the issuance of FAA Form 8430‑6 is restricted to key airline officials, aviation‑oriented industry personnel, and FAA personnel or FAA‑associated personnel. Any deviations will require approval by the regional office prior to issuance. Except for those categories of persons shown above, FAA Form 8430‑6 is not to be issued unless the request is received from the carrier or operator and includes a justification for that person’s presence on the flight deck. These restrictions are imposed in the interest of improved flight deck security. Operator procedures should require all persons to make arrangements for flight deck entry prior to the flight and to board the aircraft with the flightcrew.

C.     Technical Representatives. Individuals such as representatives from aviation manufacturers are authorized by § 121.547(c)(6) to be present on the flight deck without a seat in the cabin and are not to be issued an FAA Form 8430‑6. See paragraph 3‑42 for specific instructions.

NOTE: NOTE: FAA Form 8430‑6 is issued for a specific time period, which may not exceed 6 months from the date of issuance.

D.    Disposition of FAA Form 8430‑6. The original is forwarded to the applicant, and the second copy is retained at the CHDO.

E.     Removal of Authorization. Upon evidence of abuse of FAA Form 8430‑6, the issuing authority may recall the form. It will be canceled by certified mail if the holder ceases to be employed in the capacity in which its issuance was predicated and the holder fails to return the form voluntarily.

F.      Transmittal Letter. When the completed FAA Form 8430‑6 is processed and returned to the air carrier or individual concerned, it should be made clear to all holders, including FAA personnel, that this authorization may not be issued for the purpose of free transportation. The issuing authority will forward a transmittal letter with each issuance (see Figure 3‑4).

3-42          ADMISSION TO FLIGHT DECK WITHOUT SEAT IN CABIN—14 CFR § 121.547.

A.     Technical Representatives. Part 121, § 121.547 lists those persons who may be admitted to the flight deck. However, except as otherwise provided in § 121.547(c), such persons must also have a seat in the passenger compartment. Section 121.547(c)(6) contains special provisions for authorizing flight deck authority without a seat in the cabin for certain technical representatives of the manufacturer of the aircraft or its components, whose presence on the flight deck is necessary to perform the duties of monitoring the aircraft equipment or operating procedures. In this case, written authorization from both the Administrator and the operator is required.

B.     Letter of Authorization (LOA). In accordance with § 121.547(c)(6), the CHDO will issue an LOA. The validity period should not exceed 6 months from the date of issuance. See Figure 3‑5.

RESERVED. Paragraphs 3‑43 through 3‑60.

Figure 3-2, Application for Certificate of Waiver or Authorization

Figure 3-3, Certificate of Waiver or Authorization

Figure 3-4, Sample Letter of Authorization (Cabin Seat Required)

Flight Standards District Office

Parkway Building

1300 South Meridian, Suite 601

Oklahoma City, OK 73108

[date]

Mr. Eric Townsend

Director of Operations

ABC Airlines, Inc.

417 Oakton Boulevard

Enid, OK 78154

Dear Mr. Townsend:

Enclosed is Federal Aviation Administration (FAA) Form 8430‑6, “Admission to Flight Deck,” which will permit your representative access to [ABC Airlines] flight decks during the performance of official duties. In order to assist in the proper use of this form, we provide the following guidelines:

The standard boarding pass must be issued, and a seat in the passenger cabin must be available, since the form, as indicated by its title, only permits the holder access to the flight deck.

FAA Form 8430‑6 is issued in accordance with the provisions of Title 49 of the United States Code (49 U.S.C.) and is honored subject to the discretion of the individual air carrier, as well as the approval of the PIC. The holder of this form will secure an endorsement from the air carrier prior to use.

Additionally, in the interest of flight deck security, the holder should make prior arrangements to board the aircraft with the flightcrew.

Title 14 of the Code of Federal Regulations (14 CFR) section (§) 121.542(b) states that no flight crewmember (including jump seat occupants) may engage in any activity during a critical phase of flight that could distract from or interfere in any way with the proper conduct of those duties. Non‑essential conversations on the flight deck and nonessential communications involving the cabin and flightcrews are not permitted during a critical phase of flight. Critical phases of flight include all ground operations involving taxi, takeoff, and landing and all other flight operations conducted below 10,000 feet, except cruise flight.

Upon expiration, we request that this flight deck authorization be returned to this office for disposition.

Sincerely,

George E. Johns

Principal Operations Inspector

Figure 3-5, Sample Letter of Authorization (Cabin Seat Not Required)

Flight Standards District Office

Parkway Building

1300 South Meridian, Suite 601

Oklahoma City, OK 73108

[date]

Mr. James W. Pratt

Pratt & Whitney Aircraft Division

United Technologies Corporation

Washington, D.C. 22020

Dear Mr. Pratt:

This refers to the request from Mr. M. B. Oakes, Assistant to Vice President of Flight Operations, Trans World Airlines, Inc. (TWA), dated January 27, 1994, concerning authorization for your admission to the flight deck of TWA flights without a seat in the cabin.

As a technical representative for the Pratt & Whitney Aircraft Division (P&W), you may use this letter as written authority for your admission to the flight deck of TWA flights in accordance with the provisions of Title 14 of the Code of Federal Regulations (14 CFR) section (§) 121.547(c)(6) for the purpose of observing and monitoring the operation of P & W engines on TWA aircraft.

For security reasons, please make arrangements prior to each flight for admission to the flight deck and board the aircraft with the flightcrew.

Section 121.542(b) states that no flight crewmember (including jump seat occupants) may engage in any activity during a critical phase of flight that could distract from or interfere in any way with the proper conduct of those duties. Nonessential conversations on the flight deck and non‑essential communications involving the cabin and flightcrews are not permitted during a critical phase of flight. Critical phases of flight include all ground operations involving taxi, takeoff, and landing, and all other flight operations conducted below 10,000 feet, except cruise flight.

This authorization is valid through [date‑not to exceed 6 months from date of issuance] unless sooner canceled by either the air carrier or by this office.

Sincerely,

George E. Johns

Principal Operations Inspector

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 3   ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION—14 CFR SECTION 91.311 (BANNER TOWING)

3-61          PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1220.

3-62          OBJECTIVE. The objective of this task is to determine if an applicant is eligible for issuance of a certificate of waiver or authorization for banner tow operations. Successful completion of this task results in issuance of a certificate or disapproval of the application.

3-63          GENERAL.

A.     Authority. Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.311, provides for the issuance of a Certificate of Waiver or Authorization for aircraft banner tow operations.

B.     Definition. A banner is an advertising medium supported by a temporary framework attached externally to the aircraft and towed behind the aircraft.

C.     Eligibility. Operators of either standard or restricted category aircraft may apply for a certificate to engage in banner tow operations. Operators of restricted category aircraft may also be required to operate under the provisions of a waiver to part 91, § 91.313(e).

D.    Federal Statutory Mandates. See Figure 3‑14, PL 108‑199, Section 521, Reference Information: Public Laws Associated with Tasks of this Handbook, for guidance regarding applicable statutory mandates for banner tow operations. Please note: This information is subject to change or cancellation.

E.     Forms Used. Federal Aviation Administration (FAA) Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑6), is a multipurpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑7). The items that apply to banner tow operations are listed in subparagraph 3‑68C.

F.      Submission. An applicant requesting a certificate is responsible for the completion and submission of FAA Form 7711‑2. The application should be submitted a minimum of 30 days before the banner tow activity will take place.

G.    Approval or Disapproval.

1) Applications for banner tow operations are processed at the Flight Standards District Office (FSDO) having jurisdiction over the area where the banner tow operator’s principal business office is located. An approved FAA Form 7711‑1 or disapproval of the application must be issued by the FSDO as soon as possible after receipt of the application. Upon approval, FAA Form 7711‑2 becomes a part of FAA Form 7711‑1. The jurisdictional FSDO Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, signs the certificate upon approval.
2) When an operator is issued an authorization for a specific geographic area and wishes to operate in another geographic area, there is no need to issue another authorization. The original issuing FSDO will amend the authorization to include the new jurisdiction by amending the authorization, keeping the original expiration date. If the operator wishes to operate nationally, it is acceptable to issue an authorization for the “Contiguous United States.”

H.    Expiration. FAA Form 7711‑1 expires 24 calendar‑months from the date of issuance. A certificate may be reissued after a properly completed FAA Form 7711‑2 is submitted to and processed by the FSDO.

I.       Change of Status of FAA Form 7711‑1. Since the events of September 11, 2001, and the development of new security standards associated with temporary flight restrictions (TFR) over major events, it is now necessary to assure that the issuance of authorizations for banner tow operations are listed on the regional list of banner tow authorizations available to Transportation Security Administration (TSA) through the FAA Regional TSA Liaison aviation safety inspector (ASI). TSA, in coordination with air traffic control facilities, issues waivers to operate within that airspace. In a recent incident, a TSA waiver was issued to an operator whose previous FAA authorization had expired or was rescinded. With increased security concerns, TSA needs to have a complete listing of current banner tow authorization holders and immediate notification of status changes (i.e., termination, expiration, or revocation). If there are questions or concerns regarding the authorization or airspace, contact the FAA regional liaison ASI.

J.      Vital Information Subsystem (VIS) Office File. The inspector should establish an operator VIS record of all operators issued certificates, except for those operators issued a certificate for a one‑time operation.

3-64          REVIEW OF FAA FORM 7711‑2. Upon receipt, the application should be reviewed for obvious discrepancies. The information submitted by the applicant on FAA Form 7711‑2 must not be altered by the issuing office. In the event the application is not correct, it should be returned to the applicant immediately.

A.     Items 1 and 2. If the applicant is a representative of an organization, the organization’s name should appear in Item 1. The name of the individual and his/her position or authority to represent the organization (e.g., the “responsible person”) should appear in item 2. If the applicant is not representing others, the term “N/A” should be entered in Item 1 and the applicant’s name entered in item 2.

B.     Item 4. A pilot of a civil aircraft may conduct banner tow operations in accordance with a Certificate of Waiver or Authorization issued by the Administrator.

C.     Item 5. It is sufficient for the applicant to use the term “aerial advertising/banner tow operations” to describe the type of operation.

D.    Item 6. The applicant should list the geographic area(s) where the banner tow operation will be conducted. If the operator has a national operation, it is acceptable to issue an authorization for the “Contiguous United States.” If the operator wishes to include those states or territories outside the contiguous United States, such as Alaska or Puerto Rico, simply add them.

E.     Item 7. The applicant should list the dates for the banner tow operation in this item. The dates requested must not exceed 24 calendar‑months. In cases involving one‑time operations where the applicant has not indicated an alternate date, the inspector should advise the applicant to request alternate dates in order to prevent the need for reapplication.

F.      Item 8. At the time the application is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular banner tow operation. The application may be accepted with a notation in item 8 that a list will be provided at a later specified date. This list must be presented before the certificate is issued.

3-65          CERTIFICATE ISSUANCE.

A.     Inspector Considerations.

1) The inspector must determine whether a banner will create a hazard to persons or property if deliberately or inadvertently dropped. A banner tow operation is conducted “around” an open air assembly rather than “over” an open air assembly of persons, so the likelihood of dropping a lead banner pole on an assembly of persons is reduced. Most banners are constructed so that they perform as a self contained parachute with the weighted lead pole descending at an arrested rate when released.
2) The inspector must be satisfied that all pilots listed on the application are competent to perform their duties by confirming each pilot has:

·        A reliable record of past experience,

·        Demonstration of sample pickup to a FSDO operations inspector, and

·        A reliable record of successful completion of a banner towing training program.

3) At least one pickup and drop of the maximum number of letters (panels) to be used by the certificate holder must be demonstrated. This demonstration should be observed from the ground to allow the inspector to evaluate the competence of any essential ground personnel as well as the flight operation.
4) When banner tow operations are conducted for compensation or hire, the pilot must have at least a limited commercial pilot certificate (without an instrument rating) and at least a valid second class medical certificate. An instrument rating is not a requirement for this operation.
5) Satisfactory coordination of ground crew signals can be critical to banner tow operations. Ground crews lay out the banner, elevate the top of the lead pole for pickup, retrieve the banner after the drop, and, if necessary, signal the correct approach to the pilot.

B.     Guidelines for Issuance of the Certificate.

1) Requests for exemptions to the minimum safe altitudes of part 91, § 91.119 must be denied without exception.
2) The operator is responsible for knowing state and local ordinances that may prohibit or restrict banner tow operations. FSDO knowledge of state and local ordinances is helpful in assisting applicants.
a)      If an issue or question arises concerning state or local government regulations that regulate FAA authorized banner towing in a way that affects airspace management or aircraft flight and operations, or interfere with other federal policies or regulations, the inspector must immediately contact the Regional Counsel’s Office. That office, in coordination with the Office of the Chief Counsel, FAA Headquarters, has responsibility for responding to the issue or question.
b)      The inspector must not insert any language relating to the application of state or local law (including regulations, ordinances, etc. into the “Special Provisions” section of FAA Form 7711‑1) to banner tow operations authorized by the certificate, including the legal responsibilities of banner tow operators to comply with state or local regulations prohibiting or restricting banner tow operations.
c)      On the first page of the Certificate of Waiver or Authorization Form 7711‑1, between “Standard Provisions” and “Special Provisions” appears a note concerning waiver of State law or local regulations that has no legal effect and should be disregarded by inspectors. This is a disclaimer of responsibility by the FAA for the enforcement of state or local ordinances. Direct any questions received concerning this note to the Regional Counsel’s Office.
d)      The FAA does not regulate the content or messages displayed on banners towed by aircraft. Contact the Regional Counsel’s Office for further information.
e)      A site inspection should be conducted before the initial issuance of a certificate to engage in banner tow.
3) The authorized area should be limited to the issuing FSDO’s geographic area. If the applicant requests operations outside of the jurisdictional FSDO, the issuing FSDO must amend the authorization to include the requested jurisdiction as well as assure that there is coordination between the affected FSDO(s). The noncertificating FSDO should be made aware of operations in its district. While the operator’s responsible for making the notification, the FSDO that issued the certificate should follow up to ensure that the non‑certificating FSDO was informed. The operator is responsible for contacting the added jurisdictional FSDO to be issued the necessary special provisions for that specific geographic area.

C.     Banner Pickup and Drop. Some airports are not large enough for the pilot to maneuver into a proper wind orientation and do not have a suitable staging area for banner tow operations. Therefore, the inspector must ensure that pickups and drops can be made without compromising the safety of persons, equipment, or property on the surface. The pickup and drop must be in an area free from use by the public, employees other than ground crew, and from property on the surface. Preferably, the pickup and drop area should be located away from active runways and taxiways, unless the banner tow operator has an agreement with the airport operator to use these areas. If a runway or taxiway is used, the banner tow operator and the airport operator should cooperate in the preparation of an appropriate notice to airmen (NOTAM). The airport should have a clear approach path to the drop area that allows a safe banner drop operation. The operator should take into account the lowest point on the trailing banner when determining a helicopter’s correct flight altitude. For safety purposes, the altitude should be sufficient for the aircraft and trailing banner to comply with § 91.119(b)(c). Some banners may extend more than 250 feet behind the aircraft.

1) During pickups, a moderately steep maximum performance climb should be used to snatch the banner and avoid dragging it. In no case should the lead pole contact the ground after pickup.
a)      For aerial pickup the banner should be laid out flat on the ground within 30 degrees to the wind. Check the attach points at the top of the poles to ensure that the rope will slip off the top smoothly. The slip loop should travel freely so the grapple hook can engage and tighten the slip hook.
b)      For ground pickup, the banner should be laid out within 30 degrees of the aircraft heading. This prevents banner entanglement.
2) The drop approach path should be into the wind and conducted at a sufficiently high altitude to allow the pilot to descend at a moderately steep angle when approaching the drop zone. If the release mechanism fails, the pilot must be in a position to make an aborted drop (“go around”) and climb so that the lead pole does not hit the ground. The pilot must maintain sufficient speed and altitude to maneuver in the case of an aborted drop and recover without the banner contacting the ground.

D.    Helicopter Banner Towing. The inspector must ensure that means are provided to prevent the banner from becoming entangled in the helicopter’s tail rotor during all phases of flight, including autorotations. (The only way to prevent the banner from tangling in the tail rotor during autorotation may be to jettison the banner.)

1) Part 133 operator may tow a banner using an external‑load attaching means without a certificate of waiver. However, the part 133 operator must have at least a Class B authorization on the part 133 operating certificate and comply with part 133 during the aerial advertising operation.
2) Every banner tow certificate involving the use of a helicopter should include the following special provision: “The provisions of § 91.119(d) are not applicable when operating under the terms of this waiver. Operations over congested areas or open air assemblies of persons must not be lower than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet and operations elsewhere will be conducted in compliance with § 91.119(c).” Figure 3‑8 contains additional, suggested special provisions that may be included with a helicopter banner tow certificate.

E.     Restricted Category Civil Aircraft. Restricted category civil aircraft or aircraft that have been issued special operating limitations cannot be operated over congested areas unless a waiver to § 91.313(e) has been issued. Some aircraft equipped with banner tow hitches and most aircraft equipped with industrial nighttime light signs are certificated as restricted category aircraft.

F.      Weather Limitations. Normally, banner tow operations are limited to day, visual flight rules (VFR) only operations. However, the inspector may wish to consider additional weather limitations (for example, crosswinds or high winds) based on the area of operation and equipment/aircraft used.

G.    Special Provisions. These provisions may be issued because the proposed operation uses nonstandard equipment or for other reasons such as geographical considerations, pilot limitations, air traffic control limitations, or weather conditions. Provisions appropriate to the safety of the operation should be prescribed by the FSDO. Noncompliance with the provisions attached to the certificate is noncompliance with the certificate (see Figure 3‑8 for a sample of special provisions).

H.    Change of Pilots and Aircraft. The certificate holder must maintain a list of all pilots and aircraft to be used in the operation. For ease of update, pilots and aircraft should be listed on a separate page and attached to the certificate. Whenever there is a change of pilots or aircraft, the FSDO must be notified at least 5 days in advance of the first date the aircraft or pilot is scheduled to operate. The FSDO must approve the change before the operation involving the new pilot or aircraft takes place. In the case of newly acquired aircraft, especially a restricted category aircraft, an airworthiness inspector may choose to inspect the aircraft.

I.       Operator Responsibility. Operators who hold a certificate have the responsibility of training each new pilot in banner tow operations and in the special provisions of the waiver.

J.      Adherence. The FAA inspector determines compliance with the certificate and the attached special provisions by an on‑site inspection. Failure to comply with the certificate and the attached special provisions may constitute justification for rescinding the certificate.

3-66          PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of FAA policies, the regulatory requirements of parts 61 and 91, and qualification as an (operations) ASI.

B.     Coordination.

1)      This task requires coordination with the airworthiness unit and/or the aircraft certification office.
2)      This task requires notifying TSA upon any change in status of FAA Form 7711‑1 for current banner tow/aerial advertising operators. (See Figure 3‑14.)

3-67          REFERENCES, FORMS, AND JOB AIDS.

A.     References (current edition):

·        Title 14 CFR parts 1, 61, and 91.

·        PTRS Procedures Manual (PPM).

·        FAA/FS‑I‑8700‑1, Information for Banner Tow Operations.

B.     Forms.

·        FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (Figure 3‑6).

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑7).

·        FAA Form 8000‑36, Program Tracking and Reporting Subsystem Data Sheet.

C.     Job Aids.

·        Sample letters and figures.

·        Figure 3‑13.

NOTE: NOTE: Figure 3‑13 is a banner tow training guide for information. This is not to be considered the only format or the only topics to be covered. The principal operations inspector (POI) will be the final authority of what will be required for training for his/her jurisdictional area and operators.

3-68          PROCEDURES.

A.     Initial Contact.

1)      Provide the applicant with a copy of FAA Form 7711‑2 (Figure 3‑6) and a copy of instructions for completion of FAA Form 7711‑2 (Figure 3‑9).
2)      Advise the applicant to complete items 1 through 8 and Item 15 and that the application must be submitted in duplicate (the original and one copy) to the FSDO at least 30 days before the planned banner tow operation or 30 days before renewal.

B.     Open PTRS. Make appropriate PTRS entries.

C.     Review FAA Form 7711‑2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711‑2 for all pertinent information for the proposed banner tow operation. Accept strikeovers that are minor in nature and initialed by the applicant. Items 9 through 14 apply to airshow and air race waiver requests only.

1)      Items 1 and 2—Name of Organization/‌Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in Item 1.
3)      Item 4—14 CFR Sections to be Waived. Ensure the applicant has listed the sections of the regulations he/she wishes to be waived in accordance with part 91, § 91.905.
4)      Item 5—Description of Operations. Determine if the applicant has indicated the type of banner tow operation to be conducted.
5)      Item 6—Area of Operations. Ensure that the applicant has listed the geographical areas of the operations. For those operators that have a national base, or proposed national base of operations, it is acceptable to use “Contiguous United States” as the operational area.
6)      Item 7—Time Period. Check for a beginning date and hour and an ending date and hour for the banner tow operation.
7)      Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, medical certificate, and home addresses. Item 8 may be accepted with a statement such as, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
8)      Item 15—Certification. Ensure that the applicant has signed and dated the application.
9)      Consult the Enforcement Information Subsystem/Accident Incident Data Subsystem (EIS/ AIDS) database for the accident/violation history of the applicant and/or pilots.
10)                     If FAA Form 7711‑2 has not been completed, perform the following tasks:
a)      Mark the application “Disapproved” and list the reasons for disapproval in the Remarks section of FAA Form 7711‑2;
b)      Prepare a letter of disapproval (Figure 3‑10) that includes a suspense date for submission of a corrected FAA Form 7711‑2;
c)      Retain a copy of the original FAA Form 7711‑2 that the applicant submitted for comparison to any subsequent applications; and
d)      Return the application and the letter of disapproval to the applicant.
11)  If FAA Form 7711‑2 has been completed and the application is for initial issuance of a certificate to engage in banner tow, conduct a site inspection.
12)  If FAA Form 7711‑2 has been completed and the application is not for initial issuance, prepare FAA Form 7711‑1 (Figure 3‑7).

D.    Pre‑Inspection Activities.

1)      Contact the applicant by telephone and/or letter to schedule a date and time to conduct the site inspection.
2)      Coordinate with the airworthiness unit to inspect the aircraft, aircraft records, confirm the appropriate airworthiness certificate for the proposed operation and/or aircraft modification(s) (if any), hitch, and hitch installation.

E.     Conduct Site Inspection. Use the Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid (Figure 3‑11) to conduct the site inspection. The airworthiness of the aircraft, hitch, and hitch installation must be determined by an airworthiness inspector.

1)      If the operation includes standard or restricted category aircraft, review the aircraft’s special operating limitations. During the banner tow operation, the aircraft must have a placard by the main entrance door of the aircraft. The placard must show, in letters at least 2 inches high, the operating category of the aircraft. Refer to Volume 3, Chapter 4, Issue a Certificate of Waiver for Restricted Category Civil Aircraft.
2)      If the tow hitch is not a part of an original factory installation, inspect aircraft records before initial operation to ensure that FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance), which describes the installation of the tow hitch, is part of the aircraft maintenance records. There may also be a Supplemental Type certificate (STC) for this installation.
3)      Verify that all pilots of banner tow operations for compensation or hire have at least a commercial pilot certificate and at least a valid second class medical certificate. An instrument rating is not a requirement for this operation.
4)      Verify that the registration certificate, the airworthiness certificate, and any placards are on board the aircraft. If the aircraft is a restricted category aircraft, the operating limitations must also be on board the aircraft.
5) Inspect the banner and lead pole to ensure that:

·        The weights are secured within the lead pole and that the weights (usually lead pellets) at the bottom are secure and cannot fall out;

·        The tow ropes are not frayed, twisted, or knotted;

·        The banner panels and their attachments are secure;

·        The tail flag is intact; and

·        The attaching rope has no indication of knots and is the appropriate length for the operation.

6) Inspect the attaching device or hitch to ensure that:

·        The release cable mechanism operates easily and is snug to prevent premature or inadvertent release; and

·        The hitch loop fits tightly.

7)      The certificate holder must conduct at least one pickup and drop to demonstrate pilot proficiency. The pickup and drop shall contain the maximum number of letters (panels) the operator plans to use.
8)      Ensure that each pickup and drop by a pilot meets the requirements in subparagraphs 3‑65C1) and 2).
9)      If a ground crew is used, ensure that a prearranged communication signal has been established so the ground crew can notify the pilot and/or banner tow operator of problems or malfunctions with the equipment or banner.
10)                     Ensure that the pickup/drop site meets the requirements of subparagraph 3‑65C.

F.      Unsatisfactory Inspection. If the site inspection is unsatisfactory:

·        Mark the application “Disapproved” and explain the reasons for disapproval in the Remarks section of FAA Form 7711‑2;

·        Prepare a letter of disapproval (Figure 3‑12) that includes a suspense date for correction of any discrepancies found during the inspection and a date for a followup inspection;

·        Retain a copy of the application and the part 91 job aid for future comparison;

·        Return the original application and the letter of disapproval to the operator; and

·        Make appropriate PTRS entries.

G.    Satisfactory Inspection. If the site inspection is satisfactory:

1) Mark the appropriate section of FAA Form 7711‑2 “Approved,” date, and sign it.
2) Develop special provisions based on any special equipment involved, particular geographic or meteorological considerations, maximum number of letters to be used, wind limitations, and airport limitations.
3) Prepare the appropriate sections of FAA Form 7711‑1, date the form, and then submit it to the FSDO manager or designated representative for signature. The designated representative may be no lower than the unit supervisor.

H.    FSDO File.

1) Prepare the FSDO file on the applicant that includes a copy of the following documents:

·        FAA Form 7711‑1 and any special provisions;

·        FAA Form 7711‑2;

·        Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid (until all PTRS entries are made, then discard);

·        Letter of disapproval, if applicable; and

·        Any other correspondence.

2) Send originals of FAA Form 7711‑1, the special provisions, and FAA Form 7711‑2 to the operator.
3) Notify the FAA Regional TSA Liaison ASI of the issuance in accordance with current security requirements. (See Figure 3‑14.)

I.       Close PTRS. Make appropriate PTRS entries.

J.      VIS. Establish part 91 operator VIS record.

3-69          TASK OUTCOMES. Completion of this task results in one or more of the following:

·        Issuance of a Certificate of Waiver or Authorization with attached special provisions.

·        Disapproval of an application.

·        An indication on the part 91 job aid of a satisfactory or an unsatisfactory inspection.

·        A letter of disapproval.

3-70          FUTURE ACTIVITIES.

·        Followup site inspection.

·        Reissuance of the Certificate of Waiver or Authorization.

·        TSA must be notified of all cancellations of a Certificate of Waiver or Authorization issued under § 91.311 (banner towing). This will be accomplished through the Regional FAA TSA Liaison ASI.

·        Update of part 91 operator VIS entry.

RESERVED. Paragraphs 3‑71 through 3‑85.

Figure 3-6, FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization

Figure 3-7, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-8, Sample of Special Provisions for Banner Tow Operations All banner tow operations shall be conducted in VFR weather conditions as required by 14 CFR part 91, § 91.155. Operations shall be conducted only between the hours of official sunrise and official sunset.

1.      The certificate holder shall obtain the airport manager’s approval to conduct banner tow operations at that respective airport.

2.      If the airport involved has an FAA control tower, the holder shall coordinate all banner tow operations and operate in coordination with the FAA control tower during banner tow operations.

3.      Appropriate airport officials will be notified in advance when banner tow operations will be in close proximity to an uncontrolled airport.

4.      Tow attachment and release mechanisms on the aircraft shall be approved by the FAA.

5.      A thorough inspection of the aircraft and special equipment shall be made prior to each day’s operation.

6.      Only essential crew members will be carried during banner tow operations.

7.      When banner tow operations are conducted around congested areas, due care will be exercised so that, in the event of emergency release of the banner and/or tow rope, it will not cause undue hazard to persons or property on the surface.

8.      Banner pickup or banner drop should be in a predesignated area not closer than 500 feet to taxiways, runways, persons, buildings, parked automobiles, and other aircraft whenever possible. If the tow plane lands with the banner attached, due care should be exercised to avoid obstacles and endangering other aircraft in the air or persons, property, or aircraft on the surface.

9.      Only the aircraft on the attached list may be used under the terms of this certificate while being flown by the pilot(s) listed. The certificating FSDO must be notified in writing of any changes to the attached lists at least 5 days in advance of the first date the aircraft or pilot is scheduled to operate.

10.  For nonrevenue flights, the pilot of the tow aircraft shall hold at least a valid private pilot certificate and have a minimum of 200 hours PIC time.

11.  For operations outside the geographic area of the issuing FSDO or operating in another FSDO’s jurisdiction under a “Contiguous United States” authorization, the operator will coordinate with the appropriate jurisdictional FSDO in advance. If there are special provisions for the added geographic area, those provisions will be added to those originally issued by the original certificating FSDO. The operator will comply with all special provisions attached to its authorization.

12.  A current copy of the following is to be carried onboard all aircraft:

·        Certificate of Waiver or Authorization, and

·        List of all approved pilots and aircraft.

13.  For helicopter banner tow operations the provisions of § 91.119(d) are not applicable when operating under the terms of this waiver. Operations over congested areas or open air assemblies of persons must not be lower than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet and operations elsewhere shall be in compliance with § 91.119(c).Transportation Security Administration (TSA).

14.  All operations must be conducted in compliance with current NOTAMS and/or waivers issued by the FAA or the Transportation Security Administration (TSA).

Figure 3-9, Instructions for Completion of FAA Form 7711‑2

PREPARING FAA FORM 7711‑2.

Items from FAA Form 7711‑2 are explained below for the purpose of uniformity of use. However, not all items on the form may be applicable to the application request for the banner tow operation. Items 9 through 14 apply to airshow and air race waiver requests only.

a.      Items 1 and 2, Name of Organization/Name of Responsible Person. If you are a representative of an organization, the organization’s name should appear in Item 1. Your name and title or position as the organization's representative, for application purposes, should appear in Item 2. If you are not representing an organization, the term “N/A” should be entered in Item 1 and your name in Item 2.

b.      Item 3, Permanent Mailing Address.

c.       Item 4, 14 CFR section and Number to be Waived. Enter “NONE.”

d.      Item 5, Detailed Description of Proposed Operations. It is sufficient to use the term “aerial advertising/banner tow operations” for a description. However, additional information may be included.

e.      Item 6, Area of Operation. Identify the geographic areas of the intended banner tow operation.

f.        Item 7, Time Period. List the beginning dates and hours and ending dates and hours when the banner tow operations will be conducted. The maximum time period for operations is 24 calendar‑months. The application should be submitted to the FSDO at least 30 days before the beginning date of the banner tow operation. If the application is for a one‑time banner tow operation, it is advisable to request an alternate date for the operation. Alternate dates should be listed in this item. (If there are any questions, please contact the FSDO.)

g.      Item 8, Aircraft Make and Model. List the names of all pilots, their certificate numbers, ratings, and home addresses, and the makes and models of all aircraft that will be used in the banner tow operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [date].”

h.      Item 9, Sponsorship. Not required.

i.        Item 10, Permanent Mailing Address of Sponsor. Not required.

j.        Item 11, Policing. Not required.

k.      Item 12, Emergency Facilities. Not required.

l.        Item 13, Air Traffic Control. Not required.

m.    Item 14, Schedule of Events. Not required.

n.      Item 15, Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-10, Sample Letter of Disapproval of an Application

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

This letter is to inform you that the application you submitted on [date] has been disapproved for the reasons listed in the Remarks section of FAA Form 7711‑2.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments, please feel free to contact this office at [telephone number].

Sincerely,

[POI’s signature]

Figure 3-11, Part 91 Banner Tow Waiver Issuance and Operations Surveillance Job Aid

Operator Name _________________________________________________________________

Base of Operation        ____________________________________________________________

Name of Pilot   __________________________________________________________________

Certificate Number       ____________________________________________________________

Aircraft Type _________________________ Aircraft N‑number _________________________

Initial Application ___________ Surveillance ________________ Date Completed __________

Check

S

U

N/A

1. FSDO Application File

 

 

 

a. Verify that all aircraft are listed in the waiver (make/model and N‑number) (Use back of job aid if additional space is required.)

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

Make/Model

N‑number

 

 

 

b. Verify that all pilots are listed in the waiver (certificate type and number) (Use the back of job aid if additional space is required.)

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

Certificate Grade

Number

 

 

 

c. Verify that aircraft and pilots used are listed on the waiver.

 

 

 

2. Check Pilot/Operator

 

 

 

a. Certificate appropriate to operation

 

 

 

b. Medical certificate appropriate to the certificate

 

 

 

c. Enforcement Information Subsystem/Accident Incident Data Subsystem (EIS/ AIDS) checked

 

 

 

3. Aircraft Inspection

 

 

 

a. Manual

 

 

 

b. Certificate and documents

 

 

 

Registration

 

 

 

Airworthiness

 

 

 

Special Limitations (Restricted)

 

 

 

c. Hitch and release mechanism

 

 

 

d. Hitch installation documentation

 

 

 

e. Sign mounting and light operation

 

 

 

f. Placards (Restricted category)

 

 

 

REMARKS:

 

 

 

Figure 3-12, Sample Letter of Disapproval

FAA Letterhead

[date]

[name of applicant]

[address of applicant]

[city, state, zip code]

Dear [name of applicant]:

This letter is to inform you that the following discrepancies were found during the facility inspection conducted at your facility on [date].

[List all the discrepancies found during the inspection.]

Please correct the discrepancies noted above within 30 days of receipt of this letter. After correction of the discrepancies, please contact this office to schedule a followup inspection.

If you have any questions or comments, please feel free to contact this office [telephone number].

Sincerely,

[POI’s signature]

Figure 3-13, Banner Tow Operations Job Aid

BANNER TOW PILOT TRAINING

NAME OF OPERATOR:

 

PILOT’S NAME:

 

GROUND

Aircraft Type

 

Date

Instructor

Fuel System

 

 

Aircraft Speeds

 

 

Preflight Procedures, including:

 

 

Banner procedures

 

 

Release mechanism

 

 

Banner assembly and layout

 

 

Part 91

 

 

Part 61

 

 

Certificate of Waiver Special Provisions

FLIGHT

Full Stalls (if appropriate)

 

 

Flight at Critically Slow Airspeeds

 

 

Banner Pickup/Banner Drop (Takeoff with banner attached, if appropriate)

 

 

Emergency Procedures

1) Failure of banner release system

2) Loss of rudder control

3) Partial power loss

4) Engine failure with banner

 

 

Total Ground Hours

Total Flight Hours

Pilot’s

Signature _________________

Date _________________

Certificate No. _________________

Instructor’s

Signature _________________

Date _________________

Certificate No. _________________

Figure 3-14, Public Laws Associated With Banner Tow Operations

Although banner tow operators are responsible for complying with appropriate regulations and airspace related restrictions, inspectors need to be aware of the following information concerning banner tow operations.

After the terrorist attacks of September 11, 2001, FAA issued Notices to Airmen (NOTAM) restricting flight access to certain airspace. In February 2003, the United States Congress passed a public law effectively prohibiting aerial advertising flights at certain events, stadiums, or other venues during specified times. The law prohibited certain operations within specified airspace limits. Then it rescinded waivers for the specified events. Finally, it permitted certain operators who met specified conditions to reapply for a waiver for non‑banner tow operations at the listed events. The law was effective for one year. In January 2004, Congress, in Public Law 108-199, Title V, Section 521 January 23, 2004 in Title V General Provisions, Section 521, extended those restrictions indefinitely. The following is a reprint of Section 521:

Sec. 521.

(a) In General.‑ The Secretary of Transportation‑

(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and

(2) may not grant any waivers or exemptions from such restrictions, except

(A) as authorized by air traffic control for operational or safety purposes;

(B) with respect to an event, stadium, or other venue

(i) for operational purposes;

(ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such team members and officials to and from such event, stadium, or venue;

(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event;

(iv) to permit a broadcast rights holder to provide broadcast coverage of such event,
stadium, or venue; and

(v) for safety and security purposes related to such event, stadium, or venue; and

(C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures.

(b) Limitations on Use of Funds. None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection (a)(2).

(c) Broadcast Contracts Not Affected. Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement.

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 4   ISSUE A CERTIFICATE OF WAIVER FOR RESTRICTED CATEGORY CIVIL AIRCRAFT

3-86          PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1230.

3-87          Objective. The objective of this task is to determine whether or not an applicant is eligible for a certificate of waiver in accordance with (IAW) Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.313(e) for operating a restricted category civil aircraft. Successful completion of this task results in the issuance of a Certificate of Waiver or disapproval of the waiver application.

A.     Public Aircraft. On October 25, 1994, the President signed the Independent Safety Board Act Amendments, which contained a major change in the definition of “public aircraft.” Public aircraft are exempt from many types of Federal Aviation Administration (FAA) regulations. However, the general operating rules of part 91 will apply to public aircraft, unless otherwise stated in the rule.

B.     Advisory Circular (AC) 00‑1.1, Government Aircraft Operations. This AC includes the FAA’s interpretation of key statutory terms in reference to the new definition. The AC will assist operators of government owned aircraft in determining whether their former public aircraft operations remain public under the new definition. It is important for aviation safety inspectors (ASI) to obtain the AC and understand its contents.

3-88          GENERAL.

A.     Definitions.

1)      Restricted Category Civil Aircraft. In many cases only minor modifications of a standard category aircraft are made to install special equipment which will require the aircraft to be placed in a restricted category. This minor modification may actually have little or no effect on the performance or structural integrity of the aircraft and, therefore, issuance of a waiver may be a relatively procedure with little need for strict limitations in the special provisions section of the waiver. On the other hand, a standard aircraft or surplus military aircraft may extensive modifications to install special equipment or to increase its operating weight. In this instance a waiver may be issued, but require more restrictive special provisions. Any special provision considered necessary for safety should be included when issuing a waiver of § 91.313(e).
2)      Special Purpose Operations. Generally, aircraft that have been certificated in the restricted category have been modified for special purpose operations. Part 21, § 21.25 defines special purpose operations as:

·        Agricultural (spraying, dusting, and seeding, and livestock and predatory animal control);

·        Forest and wildlife conservation;

·        Aerial surveying (photography, mapping, and oil and mineral exploration);

·        Patrolling (pipelines, power lines, and canals);

·        Weather control (cloud seeding);

·        Aerial advertising (skywriting, banner towing, airborne signs and public address systems); and

·        Any other operation specified by the Administrator

3)      Surplus Military Aircraft. Problems have been encountered by operators who purchase surplus military aircraft and attempt to have them certificated in the standard airworthiness category. In many instances, although the aircraft may have type‑certificated counterparts, these surplus aircraft are certificated in the restricted category because the cost involved in meeting requirements for standard airworthiness certificates is prohibitive. These aircraft may have been extensively modified or operated in combat conditions. In other cases, they may have been operated and maintained to the highest possible standards. This should be considered when processing an application for waiver of § 91.313(e) involving surplus military aircraft with regard to necessary special provisions. Any questions regarding airworthiness (such as performance, structural integrity, etc.) should be referred to an airworthiness inspector or the Aircraft Certification Service.

B.     Authority. Restricted category civil aircraft may not be operated over a densely populated area, in a congested airway, or near a busy airport where passenger transport operations are conducted except under the provisions of a certificate of waiver (§ 91.313(e)).

C.     Aircraft Operating Limitations.

1)      Restricted category civil aircraft must be operated IAW a FAA Form 8130‑7, Special Airworthiness Certificate and its associated operating limitations.
2)      For turbine‑powered airplanes, piston‑powered aircraft with over 800 horsepower (hp), rotor craft, large airplanes (over 12,500 pounds), and any other aircraft as deemed necessary, a limitation concerning pilot qualifications may have been prescribed. An example of this limitation is “The pilot in command of this aircraft must, as applicable, hold an appropriate category/class rating, have an aircraft type rating, or possess a letter of authorization issued by a Flight Standards Inspector.”
3)      The FAA airworthiness inspector/aircraft engineer may also prescribe additional operating limitations as deemed necessary for the special purpose involved. The additional limitations will be enumerated on a separate sheet, dated, signed, and attached to FAA Form 8130‑7, Special Airworthiness Certificate.

D.    Special Provisions. Since each application needs to be evaluated on an individual basis, it would be impractical to list all special provisions that might be necessary when issuing a waiver to § 91.313(e). However, the following is a partial list of subjects that may require special provisions:

·        Specific routes

·        What runways can be used

·        What airports may be used

·        The number of operations where applicable

·        Minimum weather criteria

·        Considerations for diminished aircraft performance

E.     Waiver Application and Approval. Applications for operation of restricted category civil aircraft in accordance with § 91.313 are processed at the local Flight Standards District Office (FSDO).

F.      Forms Used. FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑15), is a multi‑purpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑16). All items on the form may not be applicable to the application.

G.    Submission. The completion and submission of FAA Form 7711‑2 is the responsibility of the applicant. FAA Form 7711‑2 should be submitted at least 5 days before the proposed operation.

H.    Approval or Denial. At least 3 days before the event the district office must approve or disapprove the application. Once approved, FAA Form 7711‑2 becomes a part of FAA Form 7711‑1. The jurisdictional FSDO Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, will sign the waiver upon approval.

I.       Expiration Date. An FAA Form 7711‑1 expires not later than 12 calendar‑months from the date of issuance or the termination of the proposed operation. A certificate of waiver must be re‑applied for and then re‑issued by the FSDO.

J.      Vital Information Subsystem (VIS) Office File. The inspector should establish an operator VIS record of all operators issued waivers for a 12‑calendar‑month period, i.e., industrial operator with a lighted advertising sign. However, a VIS record is not required for operators issued waivers for a one‑time operation.

K.    Assistance. Regional Coordinators have been selected to assist in answering any of your questions concerning this issue and may be contacted through your regional office. Until further notice, questions concerning enforcement and legal interpretations will be forwarded to Washington Headquarters. Regional Coordinators will forward such questions to the hotline. If unable to contact your Regional Coordinator you may call the hotline at (703) 661‑0333 (extension 5054 or 5055). It is important to keep the Regional Coordinator advised in this case.

3-89          STATUTORY PROVISIONS. Under the new statute, many former public aircraft operations may now be subject to the regulations applicable to civil aircraft operations. For example, aircraft used to transport passengers will, no longer be considered public aircraft in some circumstances. Unless they receive an exemption from the Administrator, the operators of such aircraft will need to meet civil aircraft requirements such as those pertaining to aircraft certification, aircraft maintenance, pilot certification, and pilot currency. The new law became effective April 23, 1995.

A.     Aircraft Owned and Operated by the Armed Forces. Aircraft owned and operated by the Armed Forces and intelligence agencies of the United States, however, will retain their public aircraft status unless operated for commercial purposes.

B.     Government‑Owned Aircraft Operators Transporting Crewmembers. Government‑owned aircraft operators transporting (for other than commercial purposes) crewmembers or other persons aboard the aircraft whose presence is required to perform, or is associated with performing a government function, such as fire fighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management would still be considered a public aircraft operation. It is not sufficient to show that the passengers are being transported to perform a government function; use of the aircraft must be necessary to perform the mission.

C.     Exemptions. Field office personnel have no authority to allow government operators to conduct operations which do not comply with the regulations. A government agency may, in appropriate circumstances, seek either a regulatory or statutory exemption. An applicant for an exemption should follow the process in 14 CFR part 11. Agencies applying for statutory exemptions should submit their aviation safety program with the petition for exemption. Agencies are required to show that they have an acceptable aviation safety program to ensure safe operations. The FSDO having jurisdiction over the applicants’ operation will be asked to review the safety program and give an opinion as to whether the program meets the requirements for issuing an exemption. The FSDO will be expected to provide written justification for its recommendations.

NOTE: NOTE: The Independent Safety Board Act Amendments of 1994 authorize exemptions from the United States Code—specifically, the Federal Aviation Act of 1958, as amended and recodified—rather than from the regulations. The Amendments authorize 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.

3-90          AIRCRAFT USED FOR DUAL PURPOSES. Government agencies may conduct both public and civil aircraft operations with the same aircraft. However, the operator will be required to maintain the aircraft IAW the appropriate regulations applicable to civil aircraft operations. Aircraft which hold airworthiness certificates should be handled as follows:

A.     Public Aircraft Operation. For public aircraft operation with no modifications made to the aircraft, the airworthiness certificate may be displayed in the aircraft as required by § 91.203(b).

B.     Temporarily Altering the Aircraft. When the public aircraft operation involves altering the aircraft temporarily, it is not necessary for the operator to surrender the airworthiness certificate or remove it from the aircraft. However, an inspection and log book entry will be required prior to the aircraft operating as a civil aircraft. For example, when the public aircraft operation requires the removal of a door during the “public aircraft” operation, the door installation and return to service must be performed by an authorized individual before the aircraft is operated as a civil aircraft.

C.     Substantial Modification. Where the modification involves more than the removal and/or installation of equipment, the operator should obtain the required FAA approval before conducting civil aircraft operations. Where the modification is such that it permanently invalidates the airworthiness certificate of the aircraft, the FSDO should seek the voluntary surrender of the certificate. If the aircraft owner refuses to surrender the certificate, the FSDO should follow the procedures in FAA Order 2150.3, Compliance and Enforcement Program.

D.    Permanent Installations and Modifications Approved by the FAA. The FAA has allowed a certificate holder who also conducts public aircraft operations to retain the aircraft on its operations specifications (OpSpecs) when certain requirements have been met. Generally, those requirements provide that permanent installations and modifications are approved by the FAA. Temporary alterations must be corrected and the appropriate inspection and maintenance entries must be made before the aircraft is returned to service.

3-91          GOVERNMENTAL FUNCTIONS. The accepted functions include “fire fighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management” or other comparable functions. In each instance, the use of an aircraft must be necessary to perform the function. In some cases, training flights may be considered acceptable where the training is being performed aboard the aircraft and the aircraft is necessary for the performance of the training. AC 00‑1.1 provides examples of situations which may be encountered by the field inspector. If an inspector has any questions regarding other functions comparable to those listed above or the nature of an operation he/she should seek assistance from the regional coordinator or the public aircraft hotline.

3-92          SURVEILLANCE ACTIVITIES. Government‑owned aircraft operators, holding any type of FAA certification, will be included in the normal surveillance activities such as, spot inspections of the aircraft and aircraft records. This includes any aircraft exclusively leased to the federal government. Any aircraft or operation certificated by the FAA is subject to this surveillance regardless of whether they are operating as “public or civil.” For example, if an operator’s operation is considered “public” and they hold an airworthiness certificate, their maintenance records are eligible for review. If you encounter an operator who states they are operating under the “public” status and you have questions concerning that operation, contact your regional public aircraft coordinator for assistance.

NOTE: NOTE: Government‑owned aircraft operators who are conducting public aircraft operations must be included in the FSDO’s annual planned surveillance activities to ensure that their status remains unchanged.

3-93          REVIEW FAA FORM 7711‑2. Pertinent items are discussed below for purposes of clarity and uniformity. The application should be reviewed upon receipt for obvious discrepancies. The information submitted by the applicant on FAA Form 7711‑2 must not be altered by the issuing office.

A.     Items 1 and 2. If the applicant is a representative of an organization, the organization’s name should appear in item 1. The name of the individual and his or her position or authority to represent the organization (such as the “responsible person”) should appear in item 2. If the applicant is not representing others, the term N/A should be entered in item 1 and the applicant’s name entered in item 2.

B.     Item 4. In many instances the applicant does not know or is not sure which sections of 14 CFR are involved. A conference with the applicant before acceptance of the application may be necessary.

C.     Item 5. It is sufficient for the applicant to use the terms “agricultural,” “forest and wildlife,” “aerial surveying,” “patrolling,” “weather control,” or “aerial advertising” to describe the type of operation. However, the applicant should include detailed information on the type of operation.

D.    Item 6. A detailed description of any city, town, county, and/or state over which operations will be conducted. For power line/pipeline operations, the routes must be depicted in cartographic or photographic form with every community, settlement, stadium, or other common gathering place located either side of the route depicted. The depiction should also include the areas where power lines and phone lines or any other obstructions cross the route.

E.     Item 7. The applicant should list beginning and ending dates not to exceed 12 calendar‑months, for the operation in this item. In cases involving one‑time operations where the applicant has not indicated an alternate date, the inspector should advise the applicant to request alternate dates in order to save time and unnecessary paperwork.

F.      Item 8. At the time the application for a waiver is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular banner tow operation. The application may be accepted with a notation in item 8 that a list will be provided later, at a specified date.

G.    Item 15. The applicant, designated representative, or an authorized officer of the company must sign in this block. If the application is for a corporation, the full name of the corporation and its principal business office address must be indicated.

3-94          PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of regulatory requirements in 14 CFR part 91 and FAA policies and qualification as an Operations ASI.

B.     Coordination. This task requires coordination with the airworthiness unit within the district office, and may require coordination with the Aircraft Certification Service, appropriate Air Traffic Facilities, and the regional office.

3-95          REFERENCES, FORMS, AND JOB AIDS.

A.     References.

·        PTRS Procedures Manual (PPM).

·        Appropriate chapters of this Order.

B.     Forms.

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑16).

·        FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑15).

·        FAA Form 8000‑36, PTRS Data Sheet.

C.     Job Aids. Sample letters and figures.

3-96          PROCEDURES.

A.     Initial Contact.

1)      Provide the applicant with a copy of FAA Form 7711‑2 and Instructions for Completion of FAA Form 7711‑2 (Figure 3‑17).
2)      Advise the applicant to complete items 1 through 8 and item 15 on FAA Form 7711‑2.
3)      Inform the applicant that FAA Form 7711‑2 must be submitted in duplicate (an original and one copy) to the FSDO at least 5 days before the proposed operation.

B.     Open PTRS. Make appropriate PTRS entries.

C.     Review FAA Form 7711‑2. Using the information provided by the applicant and the background in Section 1 of this chapter, review FAA Form 7711‑2 for all pertinent information for the proposed operation of a restricted category civil aircraft.

1)      Items 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of the person responsible for matters concerning the application.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in item 1.
3)      Item 4—14 CFR Sections to be Waived. Ensure that the applicant has listed the applicable 14 CFR sections that need to be waived.
4)      Item 5—Description of Operations. Determine that the applicant has indicated the type of operation to be conducted under the waiver.
5)      Item 6—Area of Operations. Ensure that the applicant has listed the specific locations and altitudes of the proposed operation. Ensure that the area of operation is within the jurisdiction of the district office.
6)      Item 7—Time Period. Check for a beginning and ending date for the operation.
7)      Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home address. Item 8 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
8)      Item 15—Certification. Ensure that the applicant has signed and dated the application.
9)      If discrepancies or deficiencies are found:

·        List the reasons for disapproval in the Remarks section on the reverse side of FAA Form 7711‑2.

·        Return the application to the applicant with a letter of disapproval (Figure 3‑18). Include in the letter a suspense date for submission of a corrected application.

·        Make appropriate PTRS entries.

·        If there are no discrepancies or deficiencies, continue the task.

D.    Review FAA Form 8130‑7. Review the aircraft’s Special Airworthiness Certificate, FAA Form 8130‑7, and its associated operating limitations.

E.     Prepare FAA Form 7711‑1.

1)      Complete the appropriate section of FAA Form 7711‑2.
2)      Develop any special provisions that are not covered in the applicant’s Special Airworthiness Certificate operating limitations if necessary.
3)      Submit FAA Form 7711‑1 to the district office manager, or designated representative, for his or her signature. The designated representative may be no lower then the operations unit supervisor.

F.      District Office File.

1)      Place a copy of FAA Form 7711‑1 and any special provisions, FAA Form 7711-2 and any other documents of correspondence  in the district office file.
2)      Send the originals of FAA Form 7711‑1 and FAA Form 7711‑2 to the operator:

G.    Close PTRS. Make appropriate PTRS entries.

H.    Vital Information Subsystem. Establish a part 91 operator VIS record, if appropriate.

3-97          TASK OUTCOMES. Completion of this task results in one or more of the following:

·        The issuance of a Certificate of Waiver,

·        Disapproval of an application,

·        Letter of disapproval, and

·        Part 91 Operator VIS record.

3-98          FUTURE ACTIVITIES.

·        Re‑issue a Certificate of Waiver,

·        Cancellation of a Certificate of Waiver,

·        Surveillance of any operations approved by the Certificate of Waiver, and

·        Possible enforcement investigation.

RESERVED. Paragraphs 3‑99 through 3‑115.

Figure 3-15, FAA Form 7711‑2, Application for Certificate of Waiver or Authorization

Figure 3-16, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-17, Instructions for Completing FAA Form 7711‑2

PREPARING FAA FORM 7711‑2. Items from FAA Form 7111‑2 are discussed below for purposes of clarity and uniformity of its use. Items 9 through 14 apply to airshow and air race waiver requests only.

a.      Items 1 and 2, Name of Organization/Name of Responsible Person. If you are a representative of an organization, then the organization’s name should appear in Item 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Item 2. If you are not representing an organization, the term “N/A” should be entered in Item I and your name in Item 2.

b.      Item 3, Permanent Mailing Address. Self‑explanatory.

c.       Item 4, 14 CFR Section and Number To Be Waived. Title 14 CFR § 91.313(d) should be listed in this item. If the proposed operation is for powerline/pipeline operations, you must also list 14 CFR § 91.119(b) and/or (c). If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.

d.      Item 5, Detailed Description of Proposed Operations. It is sufficient to use the terms “aerial advertising,” “agricultural,” “forest and wildlife conservation,” “aerial surveying,” “patrolling,” or “weather control.” Additional detailed information on the type of operation to be conducted should be included.

e.      Item 6, Area of Operation. A detailed description of any city, town, county, and/or state over which the special operations will be conducted and the minimum altitudes essential to accomplish the operation should included in this item. The routes for powerline/‌pipeline operations must be depicted in cartographic or photographic form with every community, settlement, stadium, or other common gathering place located either side of the route depicted. The depiction should also include the areas where power lines and phone lines or any other obstructions cross the route.

f.        Item 7, Time Period. List the beginning dates and hours and ending dates and hours for the proposed operation. Maximum time period for operations is 12 calendar‑months (i.e., June 12, 1990 to June 11, 1991). The application should be submitted to the FSDO at least 5 days before the beginning date of the operation. For a one‑time operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this item.

g.      Item 8, Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, and their full home address and all aircraft by make and model to be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”

h.      Item 9, Sponsorship. Not required.

i.        Item 10, Permanent Mailing Address of Sponsor. Not required.

j.        Item 11, Policing. Not required.

k.      Item 12, Emergency Facilities. Not required.

l.        Item 13, Air Traffic Control. Not required.

m.    Item 14, Schedule of Events. Not required.

n.      Item 15, Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-18, Sample Letter of Disappoval

FAA Letterhead

 [date]

[name of applicant]

[address of applicant]

[city, state, and zip code]

Dear [name of applicant]: This letter is to inform you that the application you submitted on [date] has been disapproved for the reasons listed in the Remarks section of FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization.

Please make the corrections noted, and return to this office within 15 days of receipt of this letter.

If you have any questions or comments, please feel free to contact this office at the following telephone number [telephone number].

Sincerely,

[principal operations inspector’s signature]

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 5  ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION FOR AN AEROBATIC PRACTICE AREA OR AN AEROBATIC CONTEST BOX

3-116      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Aerobatic Practice Areas. 1232.

B.     Aerobatic Contest Box. 1233.

3-117      OBJECTIVE. The objective of this task is to evaluate Federal Aviation Administration (FAA) Form 7711‑2, Certificate of Waiver or Authorization Application (Figure 3‑19), and issue an FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑20), for the purpose of establishing an aerobatic practice area and/or an aerobatic competition box. Completion of the task results in the approval or disapproval of the applicant’s FAA Form 7711‑2. If approval is granted, FAA Form 7711‑1 with attached special provisions is issued to the applicant.

NOTE: NOTE: As per volume 1, chapter 1, section 1, subparagraph 1‑3C of this handbook, no regional supplements to aviation event policy are permitted.

3-118      GENERAL. In this chapter, waiver preparation for an aerobatic practice area and an aerobatic contest box will be discussed separately in both paragraphs 3‑119 and 3‑120.

A.     Background. This paragraph expands on the background for evaluating an application and issuing a waiver for both types of waivered airspace, including the requirements of the application process, the issuance of the waiver, and the surveillance of the activity. Background and special provisions unique to each activity are found in paragraphs 3‑119 and 3‑120 below.

1)      A separate set of suggested special provisions that may be used for each type of waivered airspace is included.
2)      Section 1 also outlines the requirements necessary to establish and use either an aerobatic practice area or an aerobatic contest box.
3)      Waivers are issued for two specific activities in these two airspace areas.
a)      An aerobatic practice area is established for the purpose of practicing aerobatic skills.
b)      The aerobatic contest box is established for the sole purpose of conducting competitive aerobatic demonstrations in accordance with (IAW) the rules, procedures, and practices of the International Aerobatic Club (IAC).
4)      The user of an aerobatic practice area or an aerobatic contest box is not required to hold an FAA Form 8710‑7, Statement of Acrobatic Competency.
5)      Each activity may require a waiver with attendant special provisions appropriate to the site and the activity.

B.     Procedures. Subparagraphs 3‑119A and 3‑120B contains specific procedures for the processing and issuance of waivers for each type of waivered airspace.

C.     Regulatory Authority. The regulatory authority for the issuance of waivers of Title 14 of the Code of Federal Regulations (14 CFR) part 91 for aerobatic practice areas and aerobatic contest boxes is based on the authority vested in the Department of Transportation (DOT) by Title 49 of the United States Code (49 U.S.C.). The regulations contained in 14 CFR part 91 are actually the responsibility of air traffic control (ATC). However, certain portions of these regulations have been delegated to the Flight Standards Service for oversight and enforcement in accordance with FAA Order 7210.3, Facility Operation and Administration, part 6, chapter 18, paragraph 18‑1‑3. Even though the mandate to designate and supervise operations within waivered airspace is within Flight Standards purview, all airspace waivers are fully coordinated with Air Traffic to ensure safety of flight in the National Airspace System (NAS). Requests for waivers and authorizations are processed by the Flight Standards District Office (FSDO). The final approval of the waiver or authorization is the responsibility of the FSDO manager who has jurisdiction over the geographic area in which the terms of the waiver or authorization are to be exercised.

D.    Operation of Transponders. Transponders must be installed, operational, and used in the appropriate airspace, as required by § 91.215. The use of a transponder and its altitude reporting capability facilitates better ATC service and aircraft separation, thereby increasing the safety between waivered and nonwaivered, nonparticipating aircraft operating in the NAS. ATC may authorize a deviation from these requirements on the basis of the provisions of § 91.215.

E.     Application and Approval. Applications for a Certificate of Waiver or Authorization are processed, approved, and issued by the FSDO.

1)      FAA Form 7711‑2 is used by the applicant for a Certificate of Waiver or Authorization. All Items on the form may not apply, and, in some cases, additional information may be required (Figure 3‑19).
2)      The jurisdictional FSDO manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO will sign a waiver or authorization when the application is approved.
3)      Thorough planning has a direct bearing on the success and safety of any aerobatic practice area. The applicant should be encouraged to develop an effective plan that will cover all facets of the coordination and use of the practice area or contest box. The inspector should assist the applicant with waiver of authorization applications by discussing the following subjects:
a)      The proper site selection, (controlled and uncontrolled airports, or other sites suitable for aerobatics).
b)      The size, scope, and environmental impact of the proposed area. For environmental procedures coordinate with the regional Flight Standards division. (See appendix 4, paragraph 3c, of FAA Order 1050.1D, Policies and Procedures for Considering Environmental Impacts.)
c)      The number and status of other users of the practice area.
d)      A plan for spectator control, if appropriate.
e)      The preparation of Notices to Airmen (NOTAM).
4)      Review of FAA Form 7711‑2. Upon receipt, FAA Form 7711‑2 should be reviewed for obvious discrepancies. If discrepancies exist, a meeting with the applicant is helpful in resolving them to mutual satisfaction. The information submitted by the applicant on the FAA Form 7711‑2 must not be altered by the issuing office.

3-119      AEROBATIC PRACTICE AREAS. Aerobatic competition pilots, airshow pilots, and others who wish to practice aerobatic maneuvers not necessary for normal flight and below an altitude of 1,500 feet above ground level (AGL) must use a waivered aerobatic practice area. These areas are not to be considered airshow sites. The aviation community uses these practice areas to establish and maintain proficiency as well as enhance competitive skills in all the recognized aerobatic maneuvers. They are established by the waiver applicant in conjunction with the local FSDO and may have dimensions of several miles in various directions or be as small as a contest box; i.e., a cubic box with a dimension of 3,300 feet on all sides. Inspectors should be receptive to the establishment of these areas, consistent with safety and the efficient use of the NAS. It is imperative that the safety of all nonparticipating aircraft be considered when issuing a Certificate of Waiver or Authorization for an aerobatic practice area.

A.     Waivers. When a waiver is issued for an aerobatic practice area, it generally includes provisions for aerobatic flight below 1,500 feet AGL.

1)      Other portions of § 91.303 may be waived if the proposed operation involves a Federal airway or Class B, C, D, or E airspace designated for an airport.
2)      Proponents of proposed aerobatic practice areas located directly over or in the immediate vicinity of an airport should coordinate the planned activity with airport management. This is in keeping with the “good neighbor” policy and provides a means for addressing potential aviation safety concerns. The issuing FSDO will review, verify, and evaluate any potential safety concerns and modify the special provisions attached to the Certificate of Waiver accordingly to address these concerns.
3)      When an aerobatic practice area is located in the vicinity of a populated area, the waiver applicant may wish to coordinate with the landowners and residents if aerobatic flight is planned to be conducted directly over or near their property. This is in keeping with the “good neighbor” policy and assists in reducing noise and livestock damage complaints.
4)      Those waivers requested for areas which are designated as environmentally sensitive, as defined in current edition of Advisory Circular (AC) 91‑36, VFR Flight Near Noise‑Sensitive Areas must be coordinated with the appropriate federal and/or state agency.

B.     Definitions.

1)      Aerobatic Flight. The provisions of § 91.303 constitute the definition of aerobatic flight.
2)      Inspector‑in‑Charge (IIC). The operations ASI who is assigned the responsibility of issuing the waiver and conducting the ongoing surveillance of the aerobatic practice area.
3)      Responsible Person(s). The person(s) named in block 2 on the FAA Form 7711‑2 and noted in the “Issued To” block of FAA Form 7711‑1.

C.     Scope of Waivers. Waivers of the 14 CFR and the attendant special provisions to those waivers may vary in scope, depending on the regulations that an applicant requests to be waived.

1)      Some aerobatic maneuvers may require only a waiver of § 91.303(e) to permit aerobatic flight at less than 1,500 feet above the surface. Others may require the waiver of speed limitations, minimum safe altitudes, operations in controlled airspace, or specific prohibitions while operating in the vicinity of an airport.
2)      The following approved sections of the part 91 may be waived: §§ 91.117, 91.119, 91.127, 91.129, 91.130, 91.131, and 91.303, depending on the location, congestion, and complexity of the area in which aerobatics will take place.
3)      Waivers of the basic visual flight rules (VFR) weather minimums specified in 14 CFR § 91.155 may be considered only in areas where the entire aerobatic maneuvering sequence can be provided separation from participating and nonparticipating aircraft by ATC.

D.    Regulations That May Not Be Waived.

1)      Section 91.119(a) and (b) may not be waived at any time for an aerobatic practice area.
2)      Section  91.151 may not be waived for any operations conducted in an aerobatic practice area. However, the IAC holds an exemption for fuel required during flight in VFR conditions. This exemption applies only during the conduct of an officially sanctioned aerobatic contest.
3)      Section 91.307 may not be waived at any time for pilots flying in the aerobatic practice area. Specific authority exists in the 14 CFR to allow certain operations without the use of a parachute.

E.     Air Traffic Coordination. Aerobatic practice areas may be located at controlled or uncontrolled airports or in sparsely populated areas far removed from any persons and/or congested areas. The location of these practice areas is determined through proper coordination with the waiver applicant and appropriate ATC and FSDO personnel. Use of the area may be for a short duration, once each year for annual qualification, or for all hours of the day and/or evening. Inspectors should contact the ATC facility having primary airspace jurisdiction over the proposed practice area. Where an ATC hub facility exists, one call can be made to the airspace and procedures specialist to facilitate expeditious coordination action. In other areas, inspectors may need to contact the air route traffic control center (ARTCC) which exercises control over the affected airspace. In all cases, the waiver shall not be signed unless the working file contains documentation of ATC coordination.

F.      Night Operations. Aerobatic performers who conduct night airshow operations must practice their routines in realistic conditions before the actual flight at an aviation event. Numerous air show performers of both powered and unpowered aircraft need to practice their routines in areas that offer no obstructions and little or no distractions during the hours of darkness.

1)      In order to facilitate their practice sessions, inspectors should determine if aerobatic practice areas previously approved for daylight operations only are acceptable for night operations as well.
2)      Many performers of night aerobatic maneuvers use some type of flares or pyrotechnic devices to highlight their maneuvers. Other performers use only lights and strobes for their acts. In either case, it will be necessary to coordinate and approve all facets of the waiver and any special provisions to ensure safety is not compromised if the operation is conducted at night.

G.    Temporary Aerobatic Practice Areas. During the airshow season, the FSDO may be called upon to issue a waiver for the establishment of a temporary aerobatic practice area. These waivers may be offered to the sponsor of a proposed airshow at the same time the application for the airshow waiver is submitted. This additional waiver may be prepared for the specific purpose of providing a temporary area in which only airshow performers may practice their routines before and during the airshow. In addition, it will provide a safe and approved area for those performers who may be from other states or countries and who need to adapt to the weather and altitude conditions intrinsic to the local area. Even though this will be a separate waiver which becomes effective two or three days before the airshow, it must be prepared so as to terminate on the same date and time as the airshow waiver.

1)      Some of the parameters to consider in establishing this temporary practice area are as follows:
a)      The actual airshow site may be suitable as a temporary practice area if it is a controlled environment and there will be no conflict with other nonparticipating aircraft. Effective times must be thoroughly coordinated with the pertinent air traffic facilities before approval and issuance of the waiver.
b)      The temporary practice area should be established no more than 20 or 30 miles from the actual airshow site.
c)      All coordination required for the establishment of a (regular) aerobatic practice area should also be accomplished for preparation of a temporary aerobatic practice area.
d)      The sponsor must control access to the temporary aerobatic practice area, and only those persons performing in the airshow should be permitted to use the area.
e)      The physical parameters of the temporary practice area should be large enough to encompass all of the maneuvers that will be performed in the actual airshow.
f)        The responsibility for site selection, coordination, approvals, application, and oversight of the temporary aerobatic practice area rests solely with the event sponsor/applicant.
2)      The International Council of Air Shows (ICAS) will maintain a current listing, prepared by the ICAS staff, that delineates established waivered aerobatic practice areas which may be used for performer practice with the concurrence of the waiver holder. It is the responsibility of the airshow sponsor to coordinate the use of these established practice areas. If no site is available, it is incumbent upon the airshow sponsor to request a temporary aerobatic practice area, or the inspector preparing the airshow waiver may wish to suggest that one be established.

H.    Standard Special Provisions. The following are samples of standard special provisions that may be used when issuing a Certificate of Waiver for an aerobatic practice area. Material in brackets [ ] indicate where the applicant must insert information specific to the waiver being sought.

1)      Aerobatic flight shall be confined to the area designated on the pictorial chart attached to this Certificate of Waiver and defined in special provision 2. A definitive pictorial chart or photograph of the underlying area should be attached to the application and the final, approved waiver.
2)      The aerobatic practice area is further defined as follows: [This item should contain a literal description of the entire practice area, including all delineating boundaries and the altitudes for each specific section of the practice area.]
3)      No aerobatic maneuvers may be performed over any open air assembly of persons or congested area of any city, town, or settlement.
4)      No person may operate an aircraft in aerobatic flight when the visibility is less than [number] miles or a ceiling less than [number] feet.
5)      Before commencing aerobatic flight operations, the person(s) authorized to activate and deactivate the aerobatic practice area shall be responsible for advising the [name of flight service station (FSS) and telephone number] of the activity and requesting that a NOTAM that includes the following information be issued:
a)      The location, dates, and times the aerobatic activity will be in effect.
b)      If appropriate, the runway(s) that will be closed during the aerobatic activities.
6)      All certificates of waiver granting relief from appropriate sections of part 91 must also contain guidance stipulating that the person(s) responsible for activation of the aerobatic practice area provide the controlling FSS with a copy of the Certificate of Waiver at least 48 hours before activation of the NOTAM. For certificates of waiver that are issued on a long term basis, additional wording should be included advising the holder to ensure that the FSS keeps the waiver on file for future NOTAM activation.
7)      Notification shall be made to the [name of air traffic facility or FSS and telephone number] at least 30 minutes before the commencement of aerobatic activity in the practice area, or, if a letter of agreement exists, notification will be made as specified in that document. The [name of facility] shall also be notified at the termination of aerobatic activities.
8)      The person(s) authorized to activate and deactivate the aerobatic practice area described in special provision 2 is [name of the person(s) to whom the waiver is issued or the person(s) delegated by the waiver holder].
9)      The person named in special provision 8 shall also be responsible for the following:

·        Ensuring that all pilots and aircraft operating within the confines of the waivered aerobatic practice area are properly certificated.

·        Briefing each pilot to ensure that all users of the practice area comply with the limitations imposed by the Certificate of Waiver and its attendant special provisions.

·        Maintaining a log containing the pilot’s name, airman certificate number, aircraft registration number, date, and time the aerobatic practice was in use and providing this information to the FAA upon request.

10)  When required by ATC, all pilots must monitor [name of ATC facility and frequency assigned] on a continuous basis while operating within the aerobatic practice area.
11)  All pilots operating within the waivered aerobatic practice area shall maintain VFR at all times and shall be responsible for seeing and avoiding all conflicting traffic.
12)  Aerobatic flight shall be conducted only between the hours of [specific times of use].
13)  The holder of this Certificate of Waiver or delegated representative is responsible for halting or canceling activity in the aerobatic practice area if, at any time, the safety of persons or property on the ground or in the air is in jeopardy, or if there is a failure to comply with the terms or conditions of this waiver.
14)  The FAA has the authority to cancel the Certificate of Waiver or delay any activities if the safety of persons or property on the ground or in the air is in jeopardy, or if there is a violation of the terms of the waiver or authorization.

3-120      AEROBATIC CONTEST BOXES. A general overview of the aerobatic contest box is contained in Figure 3‑21 and depicts the dimensions of the area for powered aircraft engaged in competitive aerobatics. Figure 3‑22 depicts the dimensions of the area for non‑powered aircraft engaged in competitive aerobatics.

A.     Definitions.

1)      IIC. The aviation safety inspector (operations) who is assigned the responsibility of issuing the waiver and monitoring the aerobatic contest box, as deemed necessary by the FSDO manager, to determine compliance with the applicable 14 CFR.
2)      Contest Director. At an aerobatic contest, the person who acts as the general manager of the overall event and is responsible for all safety related issues. The contest director may delegate specific duties, functions, and authority but must retain complete accountability for the safety of the event. The contest director may also be the person who is designated by the FAA to monitor the event. The contest director ensures that all participants comply with all rules set forth in the IAC rules book as well as the provisions of the Certificate of Waiver.
3)      Chief Judge. At an aerobatic contest, the person assigned as the primary judge of one or more categories of competition. The chief judge does not actually judge the competitors, but helps to ensure the safety of competitors within the contest box. The chief judge is assisted by numerous other persons located on the ground and/or in the immediate vicinity of the contest box.
4)      Safety Director. The person who reports directly to the contest director and is responsible for flight and ground safety.
5)      Chief Technical Monitor. A person assigned duties by the contest director, who will perform a technical inspection of each competing aircraft and its equipment. The chief technical monitor should hold an airframe and powerplant certificate; however, this position may be filled by the contest director with the “best qualified” person available.
6)      Aerobatic Contest Box. A block of airspace 3,300 feet long, 3,300 feet wide, and having an upper limit of 3,500 feet AGL (4,000 AGL for gliders). The lower limit of the contest box is 1,500 feet for Basic and Sportsman Categories, 1,200 feet for Intermediate, 800 feet for Advanced, and 328‑feet for the Unlimited Category. For gliders, the lower limit of the box is 1,500 feet for the Sportsman Category, 1,200 feet for the Intermediate Category, and 600 feet for the Unlimited Category. (See Figures 3‑20 and 3‑21.)
7)      Participant. Any individual and/or pilot specifically involved with, or participating in, the waivered aerobatic activities.
8)      Nonparticipant. Any individual and/or pilot not specifically involved with, or participating in, the waivered aerobatic activities.
9)      Competition Categories. There are five different competition categories for powered aircraft aerobatics, as defined by IAC official contest rules, and three competition categories for gliders, each category having its own specialized set of aerobatic sequences.
a)      Powered Aircraft.

1.      Basic Category. Aircraft in this category operate from an altitude of 1,500 to 3,500 feet AGL.

2.      Sportsman Category. Aircraft in this category operate from an altitude of 1,500 to 3,500 feet AGL.

3.      Intermediate Category. Aircraft in this category operate from an altitude of 1,200 to 3,500 feet AGL.

4.      Advanced Category. Aircraft in this category operate from an altitude of 800 to 3,500 feet AGL.

5.      Unlimited Category. Aircraft in this category operate from an altitude of 328 to 3,280 feet AGL.

b)      Gliders.

1.      Sportsman Category. Aircraft in this category operate from an altitude of 1,500 to 4,000 feet AGL.

2.      Intermediate Category. Aircraft in this category operate from an altitude of 1,200 to 4,000 feet AGL.

3.      Unlimited Category. Aircraft in this category operate from an altitude of 600 to 4,000 feet AGL.

B.     Scope of Waivers. The following regulations may not be waived:

1)      Section 91.119(a) and (b) may not be waived at any time for an aerobatic contest box.
2)      Section 91.151 may not be waived for operations conducted in an aerobatic contest box; however, the IAC holds an exemption for minimum fuel required during flight in VFR conditions. This exemption applies only during the conduct of an officially sanctioned aerobatic contest.
3)      Section 91.307 may not be waived at any time for pilots flying in the aerobatic contest box. Specific authority exists in the 14 CFR to allow certain operations without the use of a parachute.

C.     Air Traffic Coordination. An aerobatic contest box may be located at a controlled or uncontrolled airport. The location is determined and approved through proper coordination with the waiver applicant, airport management, FSDO inspectors, and appropriate ATC personnel. Inspectors should contact the ATC facility having primary airspace jurisdiction over the proposed aerobatic contest box. Where a hub facility exists, one call can be made to the airspace and procedures specialist to facilitate expeditious coordination action. In other areas, inspectors will need to contact the ARTCC which exercises control over the affected airspace. In all cases, the waiver shall not be signed unless the working file contains documentation of ATC coordination.

D.    Standard Special Provisions. The following special provisions are listed below to provide a sample of standard provisions that may be used when issuing a waiver for an aerobatic contest box. Material in brackets [ ] indicate where the applicant must insert information specific to the waiver being sought.

1)      The aerobatic competition area that these special provisions pertain to is depicted and described on attachment [attachment number] to this Certificate of Waiver.
2)      This waiver is not valid if the in‑flight visibility is less than 3 statute miles or the ceiling, if a ceiling exists, is less than 3,000 feet AGL for standard sequences or 2,500 feet AGL for alternate flat sequences. Flight operations shall be conducted IAW § 91.155.
3)      The contest director is responsible for ensuring that [ATC facility] is notified by telephone [ATC primary telephone number] or [ATC backup telephone number] at least 30 minutes before operations begin and again when the flight activity has been terminated.
4)      Before commencing aerobatic flight operations, the contest director is responsible for advising the [name of FSS and telephone number] of the activity and for requesting that a NOTAM that will ensure wide dissemination and include the following information, appropriate to the operation, be issued:
a)      The location, dates, and times the aerobatic activity will be in effect.
b)      When appropriate, runway(s) that will be closed during the aerobatic activities. [This information must also be included in the traffic advisory to non‑participating aircraft.]
c)      No touch and go landings are permitted during the times the NOTAM is in effect. [This information must also be included in the traffic advisory to non‑participating aircraft.]
d)      All traffic at [name of airport] will use [specific traffic pattern information] when landing on or taking off from [list runway(s)] while the NOTAM is in effect. [This information must also be included in the traffic advisory.]
5)      All certificates of waiver granting relief from appropriate sections of 14 CFR part 91 must also contain guidance stipulating that the person(s) responsible for activation of the aerobatic contest box provide the controlling FSS with a copy of the Certificate of Waiver at least 48 hours before activation of the NOTAM.
6)      The segmented circle, when installed, will prominently depict the change of traffic pattern during all aerobatic activity. [This information must also be included in the traffic advisory to non‑participating aircraft.]
7)      Aerobatics shall only be conducted between the hours of official sunrise and sunset.
8)      Each aircraft operating within the aerobatic contest box must be appropriately equipped to maintain continuous radio reception with the chief judge.
9)      The holder of the waiver must obtain the permission of the [name of airport] manager to conduct aerobatic activities and, in addition, ensure that the airport management fully understands and will abide by the terms and conditions of the Certificate of Waiver.
10)  Aerobatics are limited to those aircraft and pilots who are approved by the holder of the Certificate of Waiver or a designated representative. The contest director is responsible for ensuring that:
a)      Each aircraft competing in the aerobatic competition has the appropriate documents necessary to show current registration and airworthiness;
b)      Each pilot participating in the aerobatic competition is properly certificated and possesses the currency and/or endorsements appropriate to the flight operation being conducted; and
c)      Before any waivered aerobatic operation, each pilot participating in the aerobatic competition receives a briefing from the waiver holder or designated representative. This briefing must include the terms of the waiver, the confines of waivered airspace, and any special limitations or procedural considerations contained therein (Figure 3‑23).

NOTE: NOTE: See subparagraph 3‑120 A2) above regarding delegation of authority by the contest director.

11)  A crowd line consisting of a physical barrier and/or adequate policing shall be established at least 500 feet from the aerobatic box to confine all spectators within a designated area.
12)  When operating within waivered airspace, § 91.119(c) is waived only if unoccupied structures are involved or to allow participating waivered aircraft to operate closer than 500 feet to participating personnel, vehicles, or vessels on the ground. All participating aircraft must maintain at least 500 feet from persons not participating in the aviation event.
13)  Before performing any aerobatic sequence, the area must be scanned thoroughly by both the competitor and the chief judge. The competitor must not enter and/or initiate any aerobatic maneuvers unless the chief judge has ensured that the area is free of any conflicting traffic and has advised the pilot that the aerobatic contest box is clear.
14)  The FAA has the authority to cancel the Certificate of Waiver or delay any events if the safety of persons or property on the ground or in the air is in jeopardy, or if there is a violation of the terms of the waiver or authorization.

E.     Additional Special Provisions. The following special provisions are issued to a waiver holder for an aerobatic contest box established at an uncontrolled airport where a runway(s) remains open during competition. These provisions do not have to be copied verbatim and any portion may be edited to fit a unique or individual need. The provisions should be used as appropriate to the type of scenario encountered.

1)      [Name of airport] will be closed to all traffic when the competitive activity of Advanced and Unlimited Category pilots may create a conflict with continuing nonparticipant flight operations. [Also include this information in the NOTAM and traffic advisory, as required.]
2)      No touch and go landings are permitted. [Also include this information in the NOTAM and traffic advisory.]
3)      Aerobatic operations must not be conducted at altitudes lower than 1,200 feet AGL when the aerobatic contest box is located over a runway that is open and that activity may create a conflict with continuing nonparticipant flight operations.
4)      The contest director, or a person specifically designated by the contest director, will continuously monitor the Unicom frequency while the aerobatic box is active. That person will advise any aircraft operating at or near [name of airport] of potential traffic conflicts which may occur while operating in close proximity to the aerobatics box. The person assigned to monitor the Unicom frequency will have direct access to the chief judge by radio, telephone, or direct contact. Should there be an actual or potential conflict, the chief judge has the final authority to call for a cessation of aerobatics.
5)      The Unicom will be manned by a person who has been briefed on the aerobatics activity, special pattern rules, and restrictions. If needed, a scripted version of the advisory will be furnished by the waiver holder in order to provide a standardized advisory to all pilots.

NOTE: NOTE: An aerobatic contest box located at an airport does not have to occupy 5 miles of waivered airspace. A contest box may need only a 180 degree quadrant on the West side of an airport within 1 mile. At other locations, there may be a contest box located over the airport and an aerobatic practice area 4 miles north of the airport, both being used at the same time. The top of the box or area should not unnecessarily waste airspace for the user or ATC. There may be ATC concessions made when an aircraft is transponder and radio equipped because the aircraft can be readily identified for air traffic purposes. Conversely, at some locations, the input from ATC may reveal that the box or area is directly in the way of radar vector arrival or departure routes, in which case a disapproval may be warranted.

F.      Aerobatic Competition that is not Sanctioned by the IAC. The following special provision will be issued to a waiver holder conducting an aerobatic competition that is not sanctioned by the IAC, excluding competitive flying displays at airshows conducted in accordance with a Certificate of Waiver issued under the provisions of Volume 3, Chapter 6, Issue a Certificate of Waiver or Authorization for an Aviation Event.

1)      Participants will have in their possession, a valid IAC computer generated score sheet or other document acceptable to the FAA from an IAC sanctioned aerobatic competition and completed within the last 24 calendar‑months indicating that he/she has successfully competed in the specific competition category he/she intends to compete in.
2)      Except for takeoff and landing, all participants will fly no lower than the minimum altitude prescribed for each competition category as stated in the IAC official contest rules and subparagraph 3-119 H9).

NOTE: NOTE: The minimum altitudes for each competition category are also defined in subparagraph 3‑119 H9).

3-121      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of the regulatory requirements of 14 CFR parts 1, 61, 91, and FAA orders and policies. In addition, the person preparing and coordinating the waiver must be qualified as an operations ASI.

B.     Coordination. This task may require coordination with an ATC facility, a local, state or federal government agency, and the affected property owners with property underlying or adjacent to the practice area or aerobatic contest box, as appropriate.

3-122      REFERENCES, FORMS, AND JOB AIDS.

A.     Reference (current edition).

·        14 CFR parts 1, 61, and 91.

·        FAA Order 7210.3, Facility Operation and Administration, part 6, chapter 18, paragraph 18‑1‑3.

·        FAA Order 1050.1, Policies and Procedures for Considering Environmental Impacts.

·        AC 91‑36, VFR Flight Near Noise‑Sensitive Areas (current edition).

·        PTRS Procedures Manual (PPM).

B.     Forms.

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑20).

·        FAA Form 7711‑2, Certificate of Waiver or Authorization Application (Figure 3‑19).

·        FAA Form 8000‑36, PTRS Transmittal Form.

C.     Job Aids. Sample figures.

3-123      PROCEDURES.

A.     Aerobatic Practice Area.

1)      Brief the applicant on the prerequisites of site selection and any coordination that may be appropriate to the area.
2)      Provide FAA Form 7711‑2 to the applicant.
3)      Brief the applicant on the procedures for preparing and submitting the FAA Form 7711‑2.
4)      Open a Program Tracking and Reporting Subsystem (PTRS) file.
5)      Upon receipt of a completed application visit the proposed site, if required, to obtain first hand knowledge of the operational parameters of the airspace to be used and the underlying terrain. In addition, determine the environmental impact the proposed aerobatic activity might create and coordinate with the regional Flight Standards division, as appropriate.
6)      Before issuing the waiver, ensure that all proposals are coordinated with Air Traffic and any other entity directly affected by the establishment of the aerobatic practice area.
7)      If the application is approved, prepare FAA Form 7711‑1 and the attendant special provisions.
8)      Submit FAA Form 7711‑1 to the FSDO manager for signature.
9)      Prepare a file for the applicant that includes, but is not limited to, a copy of the following:

·        FAA Form 7711‑1 and attendant special provisions.

·        FAA Form 7711‑2.

·        Letter of disapproval of the application, if applicable.

·        Documentation of ATC coordination.

10)  Send the applicant the originals of FAA Forms 7711‑1 and 7711‑2 and the attendant special provisions.
11)  Send a copy of both forms with all attachments to the regional office.
12)  Make appropriate PTRS entries.
13)  Prepare an office file with copies of all forms.

B.     Aerobatic Contest Box.

1)      Brief the applicant on the prerequisites of site selection and any coordination that may be appropriate to the area.
2)      Provide FAA Form 7711‑2 to the applicant.
3)      Brief the applicant on the procedures for preparing and submitting the FAA Form 7711‑2.
4)      Open a PTRS file.
5)      Visit the proposed site, if required, to obtain first hand knowledge of the operational parameters of the airspace to be used and the underlying terrain. In addition, determine the environmental impact the proposed aerobatic activity might create and coordinate with the regional Flight Standards division, as appropriate.
6)      Before issuing the waiver, ensure that all proposals are coordinated with Air Traffic and any other entity directly affected by the establishment of the aerobatic contest box.
7)      If the application is approved, prepare FAA Form 7711‑1 and the attendant special provisions.
8)      Submit FAA Form 7711‑1 to the FSDO manager for signature.
9)      Prepare a file for the applicant that includes, but is not limited to, a copy of the following:

·        FAA Form 7711‑1 and attendant special provisions;

·        FAA Form 7711‑2;

·        Letter of disapproval of the application, if applicable; and

·        Documentation of ATC coordination.

10)  Send the applicant the originals of FAA Forms 7711‑1 and 7711‑2 and the special provisions.
11)  Send a copy of both forms with all attachments to the regional office.
12)  Make appropriate PTRS entries.
13)  Prepare an office file with copies of all forms.
14)  For aerobatic contest boxes, send a copy of both forms with all attachments to Airspace and Rules Division, ATA‑400 at FAA headquarters in Washington, DC.

3-124      TASK OUTCOMES. Completion of this task results in one of the following:

·        Issuance of a Certificate of Waiver or authorization with attached special provisions.

·        Disapproval of an Application for a Certificate of Waiver or Authorization with the reasons for the disapproval noted on the reverse side of the form in the “Remarks” block.

3-125      FUTURE ACTIVITIES.

·        Surveillance of activities/events conducted in the aerobatic practice area or aerobatic contest box, especially events not sanctioned by IAC.

·        Possible cancellation of the Certificate of Waiver due to noncompliance with the terms and conditions of the waiver and/or action necessary to ensure future compliance.

·        Consideration of a future application for waiver of regulations pertaining to aerobatic maneuvers conducted in an aerobatic practice area and/or aerobatic contest box.

RESERVED. Paragraphs 3‑126 through 3‑140.

Figure  3-19, FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization

Figure 3-20, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-21, Aerobatic Contest Box for Airplanes

Figure 3-22, Aerobatic Contest Box for Gliders

 

 

Figure 3-23, Gliders—Sample Briefing Signature Page

I have read and/or been briefed on this document and fully understand the procedures, requirements, and limitations of the waiver and all of its special provisions.

1. CONTEST DIRECTOR: _____________________________________________________________________________

2. CHIEF JUDGE: _____________________________________________________________________________

3. SAFETY DIRECTOR: ______________________________________________________________

4. UNICOM MONITOR: ______________________________________________________________

PARTICIPANTS:

FULL NAME (PRINTED)

SIGNATURE

AIRCRAFT REGISTRATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 6   ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION FOR AN AVIATION EVENT

3-141      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Issue Certificate of Authorization. 1220.

B.     Issue Certificate of Waiver. 1230.

C.     Complete DD Form 2535. 1231.

3-142      OBJECTIVE. This chapter’s task is to determine whether to issue a Federal Aviation Administration (FAA) Form 7711‑1, Certificate of Waiver or Authorization, to an applicant for an aviation event. Completion of this task results in the issuance of a certificate of waiver or authorization or the disapproval of FAA Form 7711‑2, Application for Certificate of Waiver or Authorization.

NOTE: NOTE: Per Volume 1, Chapter 1, Section 1, General Handbook Information, subparagraph 1‑3C, no regional supplements to aviation event policy are permitted.

3-143      GENERAL.

A.     Definitions. Many terms used in this chapter are unique to aviation events, therefore, the following definitions should enhance the understanding of their application:

1) Aerobatic Box. The airspace at an air show where participating aircraft are authorized to perform aerobatic maneuvers appropriate to their category (see Figure 2‑24).
2) Aerobatic Flight. When the event is conducted IAW a certificate of waiver or authorization, the definition in Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.303 does not apply. Therefore, the portion of § 91.303 that defines aerobatic flight must always be waived. The following guidelines apply in determining what maneuvers are considered aerobatic flight in the flying display area.
a)      Airplanes. Where the pitch attitude exceeds 60 degrees of pitch in reference to the horizon (above or below) and/or the angle of bank exceeds 75 degrees in reference to the horizon (without an appropriate endorsement).
b)      Rotorcraft. Where the angle of pitch or bank exceeds 90 degrees in reference to the horizon, but not to exceed any maximum pitch or bank angles recommended by the manufacturer.
3) Air Boss. The individual who has the primary responsibility for air show operations on the active taxiways, runways, and the surrounding air show demonstration area.
4) Air show. An aviation event defined as an aerial demonstration by one or more aircraft before an invited assembly of persons.
5) Airworthiness Certificate. For a U.S.‑registered experimental aircraft this would be a special flight permit, which must be accompanied by operating limitations. Foreign‑registered experimental aircraft must have the special flight permit with operating limitations and a special flight authorization allowing air show operations in U.S. airspace.
6) Air show Demonstration Area. The total airspace (lateral and vertical limits) identified by the FAA waiver, temporary flight restriction (TFR), or the notice to airmen (NOTAM) issued for an air show (sometimes referred to as the waivered airspace). (See Figure 3‑24.)
7) Altimeter Setting. Many performers and jump aircraft may wish to set their altimeters to zero while on the ground to measure height above ground during their performance. This may require a waiver of part 91, § 91.121. The inspector‑in‑charge (IIC) should waive § 91.121 for any event where aircraft involved in that event are departing from a runway at that location. This does not require the affected aircraft to set their altimeter(s) to zero but gives the pilot the option to do so.
8) Approved Maneuver. A maneuver or a series of maneuvers, that have been approved by the FAA General Aviation and Commercial Division, AFS‑800. These may include flight over the designated spectator area(s) below 1,000 feet above ground level (AGL), or a maneuver that may involve energy directed at the spectator area that meets safety criteria.
9) Authorization. An official document issued by the FAA to permit certain activities. For example, parachuting/sky diving demonstrations.
10)         Aviation Event. Competitions that are conducted before an invited assembly of persons including air shows, closed course air races, certain parachute demonstration jumps, fly‑ins, balloon meets, and. Aerobatic competitions are not addressed or included in this chapter. (Also see Volume 3, Chapter 5, Issue a Certificate of Waiver or Authorization for an Aerobatic Practice Area or an Aerobatic Contest Box.) The aviation event begins when the first invited guest arrives and ends when the last invited guest leaves.
11)         Categories. Categories are determined by knots indicated air speed (KIAS) in the following manner:
a)      For reciprocating engine powered airplanes¾KIAS in straight and level flight at 75 percent power at standard temperature and pressure (15°C/sea level) and maximum certified gross weight.
b)      For turbine engine powered airplanes (does not include the BD‑5J Microjet)¾85 percent of the maximum continuous powered straight and level flight KIAS at standard temperature, pressure (15°C/sea level), and maximum certified gross weight.
c)      For Category I¾more than 245 KIAS.
d)      For Category II¾from 156 through 245 KIAS.
e)      For Category III¾156 KIAS or less or a single reciprocating engine airplane not exceeding 2,250 pounds gross takeoff weight (GTOW) and gliders.
f)        Special categories include helicopters, gyrocopters, microjets, powered parachute aircraft, ultralights, paragliders, and powered paragliders.
12)         Control Point. A specified location where the event organizer, a designated representative, or an air boss manages the aviation event. The communications system with the capability necessary to control the aviation event must also be located here.
13)         Corner Markers. An easily identifiable marker or landmark from the air, 500 feet or more right and left of primary spectator area along the crowd line from the primary spectator area to provide flybys and performers a 500‑foot reference for proper separation from spectators.

NOTE: NOTE: Markers that may be hazardous to aircraft operations should not be placed on runways, taxiways, or any other operational area. This includes the X on the end of runways to denote runway closure. They should be placed in a safe area adjacent to the designated spot.

14)         Critical Aircraft. That aircraft closest to the primary spectator area in a formation flight.
15)         Crowd Line. A physical barrier or a line marked on the ground that serves as a restraining line for designated spectator areas and provides the appropriate safety distances from the aerobatic box and/or show line.
16)         Essential Personnel. Individuals authorized to access the aerobatic box during an aerobatic performance. Examples as determined by the IIC would include, but are not limited to, FAA personnel, pole holders, pyrotechnicians, essential support crew, other performers, or taxiing aircraft associated with the event. News media or photographers (other than official photographers, see subparagraph 3‑143A28 below) for the event are not considered essential personnel.
17)         Event Organizer. The person or agency responsible for the organization and conduct of the aviation event.
18)         Flyby. A nonaerobatic pass or a series of nonaerobatic passes, performed by one or more aircraft, before an invited assembly of persons at an aviation event. No abrupt maneuvers between the corner markers may be performed along the 500‑foot reference line by Category I or II airplanes. Abrupt maneuvers by Category I or II airplanes, although nonaerobatic (minimum radius 360‑degree turn, banks in excess of 75 degrees, etc.), must be performed in that category area.
19)         Flying Display Area. The airspace at an air show where participating aircraft are authorized to perform. This area includes all the aerobatic boxes and show line but does not include ingress/egress routes (see Figures 3‑24 and 3‑25).
20)         Fly‑past. See Flyby.
21)         Formation Flying. When an aircraft is flown solely with reference to another aircraft and within 500 feet of the referenced aircraft. Air racing and simulated dog‑fighting are not considered formation flying.
22)         Heritage Flight Program. The U.S. Air Force (USAF)‑approved military and civilian pilots flying formations consisting of USAF, former USAF, and U.S. Army Air Corps aircraft to demonstrate the history of USAF aircraft.
23)         Ingress/Egress Routes. Those routes used by air show performers to enter and exit the flying display area (see Figure 3‑26).
24)         Inspector‑in‑Charge (IIC). The FAA aviation safety inspector (ASI) who has primary FAA responsibility for the aviation event (see subparagraph 3‑143D).
25)         Photo Pass. See Flyby.
26)         Military Demonstration Teams. The sanctioned North American Military flight demonstration teams are the U.S. Air Force Thunderbirds, the U.S. Navy Blue Angels, and the Canadian Forces Snowbirds. Other foreign military teams may be approved on a temporary basis and will be listed on both air show Web sites: FAA Intranet at http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/afs and the FAA Internet at http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/air shows/.
27)         Military Single‑Ship Demo. See Tactical Demonstration Team.
28)         Official Photographers. Photographers designated by the responsible person as essential personnel to be in designated areas of the aerobatic box during performances. Official photographers must meet the following conditions:
a)      Have a safety briefing including ingress and egress from the aerobatic box;
b)      Wear high visibility clothing that will easily identify them as essential personnel when in the box; and
c)      Do not exceed the number of official photographers agreed upon by the responsible person and the IIC to be in the specified areas at one time.

NOTE: NOTE: Photographer is a general term to include videographers, cinematographers, etc.

29)         Participant. Any individual specifically involved with, or directly participating in, the waivered aviation event.
30)         Primary Spectator Area. The main area designated by the event organizer for spectator use. It is bounded by the crowd line and has lateral limits (ends) that are well defined. This is the area from which the public is generally expected to view the air show. There may be more than one spectator area.
31)         Reference Lines. Readily visible and easily identifiable lines that designate the appropriate minimum distance from designated spectator areas for each performer as appropriate. These are normally at 500 feet and 1,000 feet (see the subparagraph 3‑147A note).
32)         Responsible Person. A person designated by the event organizer to be responsible for all aspects and special provisions of the waiver/authorization. This person must be acceptable to the waiver/authorization‑issuing Flight Standards District Office (FSDO) as being knowledgeable concerning the terms and provisions of the certificate of waiver/authorization for this aviation event. The responsible person will be responsible to the FAA for the safe conduct of the event.
33)         Secondary Spectator Area(s). Any other area where persons are directed or have a natural tendency to gather to observe the event. This includes, but is not limited to, designated areas, private property or property not under control of the event organizer, public roads, and private access roads.
34)         Show Center. A visible reference point that denotes the center of the flying display area.
35)         Show Line. A readily visible reference line that provides the required distance from the spectators for Category I airplanes that enhances pilot orientation during the performance. Category I airplane teams or solos should be oriented over or along this line during aerobatic maneuvers (see the note under subparagraph 3‑147A).
36)         Tactical Demonstration (Tac Demo) Team. A U.S. Department of Defense (DOD) or Canadian Department of National Defense (DND)‑sanctioned demonstration team that normally consists of single aircraft conducting flybys or aerobatic demonstrations of current military fighter aircraft, but may consist of multiple other aircraft for flybys, mid‑air refueling demonstrations, etc.
37)         Tailhook Legacy Flyover Program. The U.S. Navy (USN)‑approved military and civilian pilots flying formations consisting of sanctioned USN and former USN aircraft to demonstrate the history of U.S. naval aviation.
38)         Waiver. An official document issued by the FAA that authorizes certain operations of aircraft to deviate from a regulation but under conditions that ensure an equivalent level of safety. The sections of part 91 that can be waived are listed in § 91.905.

B.     Regulatory Authority. The authority to grant or deny waivers of the regulations listed in § 91.905 for aviation events has been delegated to Flight Standards. Requests for waivers or authorizations are processed at the FSDO that has responsibility for aviation events conducted at the proposed site.

1) Scope of Waivers.
a)      Waivers of 14 CFR sections and the attendant special provisions may vary in scope depending on the regulations that an applicant requests to be waived and will vary depending upon the type of aviation event and the location. Some events require nothing more than waiving § 91.303(e) to permit aerobatic flight at less than 1,500 feet above the surface. Other events that consist of flybys and static displays may only require waiving sections of part 91 for aircraft speed limitations, minimum safe altitudes, or limitations while operating in the vicinity of airports or within Class B, C, D, or E airspace.
b)      Waivers of the basic visual flight rules (VFR) weather minimums specified in part 91, § 91.155 may be considered in areas where the entire event can be conducted with air traffic control (ATC) providing separation between participating aircraft and nonparticipating aircraft. This will mean that the entire air show display area for the affected aircraft must be within a TFR, Class B, Class C, or Class D airspace.
2) Section 91.905 establishes a list of rules subject to waivers. Some of the subsections of the mentioned sections may or may not need to be waived. For example, see note below on part 91, § 91.119. There should be a corresponding special provision that gives the conditions that must be followed for each section and/or subsection to be waived to maintain an equivalent level of safety. Another example would be part 91, § 91.117. Aircraft speed may be waived but that waiver of airspeed would have a limitation on maximum airspeed, and the limitations on where that waiver is valid would be in the special provisions attached to the waiver.

NOTE: NOTE: Section 91.119(a) will not be waived for air show demonstration purposes. Section 91.119(b) and (c) may be waived only when the conditions stated herein are met.

C.     Program Coordinators. A national air show coordinator is designated in FAA headquarters by AFS‑800. The regional Flight Standards Division manager designates regional air show coordinators. The national coordinator is responsible for overall program monitoring and coordination of all information and communications between DOD, FAA regions, and the public. The regional coordinators are responsible for monitoring the same programs in that region and for coordinating policy and information between FSDOs and the national coordinator. The national and regional air show coordinators function in an advisory capacity. IICs making onsite evaluations are responsible for technical determinations as to the issuance or denial of a request for waiver.

1) The IIC will elevate any issues requiring clarification or that may be of regional or national interest, such as military demonstration team participation, to the regional air show coordinator. The regional coordinator will determine the level of regional participation. A list of regional coordinators is on the FAA Internet site at http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/‌air shows/‌contact/regional/. The regional coordinator assists in resolving issues and coordinates with the national coordinator as necessary.
2) The national coordinator makes determinations regarding policy changes. When policy change is not required, clarification will be provided back to the regional coordinator.
a)      Regional supplements to aviation event policy are not permitted (see vol. 1, ch. 1, sec. 1, subparagraph 1‑3C).
b)      Initiation of any enforcement investigations will be reported to the regional coordinator, who will coordinate the necessary response with the national coordinator as early as possible in the investigation.
c)      All accidents or incidents occurring at an aviation event will be reported immediately to the regional coordinator, who will coordinate the necessary response with the national coordinator.

D.    IIC. To enable the FAA to most effectively manage the aviation event program, FSDO managers will assign an IIC to process an application for a waiver or authorization for an aviation event. The IIC oversees or personally conducts the following activities:

·        Site feasibility study.

·        Participation in the preseason evaluation meeting.

·        Evaluation of the application for waiver or authorization.

·        Recommendation for issuance or denial.

·        Surveillance of the aviation event.

E.     IIC Qualifications. The IIC assigned this task and the subsequent surveillance must have completed the applicable on‑the‑job training (OJT), and must have participated in the issuance of at least three certificates of waiver and surveillance of at least three aviation events as a trainee with a qualified IIC. For events in which a military aerobatic demonstration team performs, the IIC must have satisfactorily completed OJT for a military aviation event, including participation in a site feasibility determination required by DOD, a preseason evaluation meeting, and a waiver preparation for a military demonstration team.

F.      Qualified Inspector Not Available. If the FSDO does not have an inspector who meets the above qualifications, the FSDO manager will contact the regional air show coordinator to request an inspector who is qualified to perform the tasks of an IIC. After the regional coordinator identifies an available IIC, FSDO managers should work out the arrangements necessary to accomplish the task and provide OJT if an ASI is available. A PTRS record must be made documenting the need for outside resources.

G.    Surveillance of an Aviation Event. Surveillance of an aviation event is the responsibility of the FSDO manager. Preferably, the IIC who processed the application for a waiver or authorization should monitor the event. Additional resources should be considered for high profile events or large aviation events. Any event that will not be monitored by an IIC must be coordinated with the regional air show coordinator well in advance, and the outcome documented in PTRS (see Volume 6, Chapter 11, Section 10, Surveillance of an Aviation Event, paragraph 6‑2371).

3-144      APPLICATION FOR A CERTIFICATE OF WAIVER OR AUTHORIZATION.

A.     FAA Form 7711‑2, Certificate of Waiver or Authorization Application. An inspector who reviews relevant information about the proposed operation and site suitability processes applications for aviation events. FAA Form 7711‑2 (Figure 3‑27) is used. Not all items on the form may apply to each event. In other cases, additional information may be required. The FSDO manager has the authority to sign a waiver or authorization when the application is approved.

1) Applications for air shows or air races should be submitted at least 90 days before the date of the event. Only after the event organizer has met all requirements, approval or denial of the application will be completed within 30 days of receipt by the FSDO.
2) Applications for parachute jumps made over or into a congested area or open‑air assembly of people should be presented at least 10 working days before an event. Approval or denial of the application must be completed within 5 working days of receipt by the FSDO.
3) TFRs are requested IAW part 91, § 91.145. TFRs should be requested at same time the application for waiver is made and will be processed IAW the procedures established in subparagraph 3‑145E.
4) The completion and submission of FAA Form 7711‑2 and all supporting documents are solely the applicant’s responsibility.
5) Upon approval, FAA Form 7711‑2 and its attachments become a part of FAA Form 7711‑1 (Figure 3‑28).
6) The applicant must attach current maps, charts, diagrams, or other data appropriate to the activities and locations to FAA Form 7711‑2 upon application for a certificate of waiver or authorization.
7) For most events, the supporting data must address the following major areas:
a)      Diagrams and descriptions of spectator areas which restrict the public from:

·        The flight areas;

·        The active runways;

·        The taxi and run‑up areas; and

·        Other active areas, such as emergency or police helipads, parachute landing areas, pyro areas, etc.

b)      Supporting documents should describe the methods that will be used to ensure security of areas outside of the designated spectator area, especially the area under the aerobatic maneuvering area.
8) Except for official military pilots, each pilot flying a civil aircraft must be properly certificated and rated for the aircraft to be flown. In addition, each civilian pilot who performs aerobatics must possess a statement of aerobatic competency (see paragraph 3‑145) including foreign civil airmen.
a)      Non‑airmen participants, such as parachutists, can be accepted on the basis of a license issued by the United States Parachute Association (USPA), similar organizations or equivalent qualifications acceptable to the FAA. The FAA does not require certification of operators of ultralight vehicles, wing walkers or trapeze occupants, ribbon‑cut personnel, drivers of ground vehicles for a car‑to‑plane transfer, and other non‑airmen participants. For unmanned air vehicle operations, contact the regional coordinator for support.
b)      Except for official military aircraft, each aircraft flown in an aerial demonstration must be properly certificated and have documentation IAW the procedures established in 3-145F indicating current inspections, Airworthiness Directives (AD) and time limitations are appropriate for the aircraft to be in an airworthy condition.

B.     Assisting the Event Organizer with Form 7711‑2. FAA Advisory Circular (AC) 91‑45, Waivers: Aviation Events, or AC 105‑2, Sport Parachute Jumping, as appropriate, provide most information necessary to plan and conduct a safe event. These documents and other pertinent information may be obtained from the FAA at http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/air shows. FAA inspectors can obtain additional information at http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/afs.

1) Thorough planning has a direct bearing on the success and safety of any event. In larger events, the event organizer should be encouraged to appoint a responsible person (see subparagraph 3‑143A32)) to develop a detailed plan for all facets of the event regarding the FAA waiver or authorization. The event organizer and/or responsible person must understand that a waiver is only issued after it is determined that a proposed event can be conducted safely and in the best interest of public safety. The inspector should assist the event organizer or responsible person by referring to the detailed guidance in this chapter and ensuring that the following subjects have been addressed:

·        Type of event,

·        Each act’s support and airspace requirements and eligibility of participants and aircraft (military/civil),

·        Military aircraft performances,

·        Parachute demonstrations,

·        Site selection (airports, fairgrounds, other sites),

·        Airspace considerations and issuance of a TFR,

·        Minimum safety distances and altitudes, and

·        Event management.

2) The experienced event organizer is generally well acquainted with the requirements and procedures for obtaining the waiver or authorization and will usually appoint a responsible person to attend to areas regarding the waiver or authorization. First‑time event organizers may not be aware that a waiver or authorization is required and should be asked to review and have a good understanding of AC 91‑45 or AC 105‑2, which contain important information for planning and conducting safe aviation events. These ACs also provide information on how to request FAA Form 7711‑1. First time event organizers are strongly encouraged to contact industry organizations (e.g., the International Council of Air Shows (ICAS)) for air show support and/or training.

C.     Completion of Form 7711‑2. Upon receipt, the application should be reviewed for obvious discrepancies. If discrepancies exist, a meeting with the applicant should be arranged to resolve the issues to mutual satisfaction. The information submitted by the applicant on FAA Form 7711‑2 must be revised by the applicant and will not be altered by the FSDO.

1) Items 1 and 2. Not every air show is sponsored by an organization. An individual may sponsor an event. If the applicant represents an organization, the organization’s name should appear in item 1. The name of the individual and his/her position or authority to represent the organization (i.e., the responsible person) should appear in item 2. If the applicant is not representing others, NA should be entered in item 1 and the applicant’s name entered in item 2. A responsible person is one who has demonstrated to the FAA through his or her practical experience that he or she is competent to conduct the event safely.
2) Item 4. Section 91.905 should be referenced for a list of rules subject to waivers. Ensure that the applicable rules to be waived have been requested. An application for a parachuting operation should state that authorization is requested IAW part 105, §§ 105.15, 105.21, and 105.25.
3) Item 5. It may be sufficient for the applicant to use the terms air show, parachute demonstration jump, or air race to describe the events. However, it would be helpful for the applicant to fill in as detailed a description as possible if the event is an air show or air race; for example, the category of aircraft to be flown should be entered in addition to make and model, if known. See subparagraph 3‑143A11).
4) Item 6. The applicant should describe the air show demonstration area as a rectangular, cubic, or cylindrical cell of airspace; and the aerobatic box as a cube or rectangle bounded by a runway or other definable geographical reference, a lateral point, and up to a particular altitude above ground level. This can be over land or water.
a)      For off‑airport sites, the boundaries should be described using rivers, highways, railroads, or other easily identifiable landmarks or markers.
b)      For an air show, the applicant should attach current, properly marked maps, drawings, or photographs of the planned area of operation (satellite photographs may be substituted for topographic charts (from http://maps.google.com, http://www.mapquest.com, etc.). The applicant will include as much of the following data as known at the time of application. The IIC will review the documentation for acceptance. Any depiction submitted must include indications of the following:

·        The location and marking of the show lines.

·        The location of the boundaries of the air show demonstration area.

·        The location of the boundaries of the flying display area and/or aerobatic box.

·        The location and type of corner markers if flybys are anticipated.

·        The location of the primary spectator area and the types of barriers used, including gates.

·        The location of the emergency vehicles and medical facilities.

·        The location of the emergency access surface routes to and from the event site.

·        The location of the aircraft movement areas.

·        The location of the parachuting landing area.

·        The location of the static display aircraft parking areas.

·        The location of the air show aircraft parking areas.

·        The location of the fly‑in aircraft parking areas.

·        The location of the refueling areas.

·        The location of the helipads.

·        The location of the air show control point.

·        The location of the pyrotechnic areas.

c)      Applicants should note in item 6 if supplemental information is attached.
d)      The site layout must depict that the air show demonstrations or air show acts can be accomplished at that site. If an air show demonstration or act cannot be altered to fit within FAA distance criteria, or if congestion or new development around the proposed site impedes those criteria, the site is probably not appropriate for that demonstration or act.
5) Item 7. Inspectors can eliminate the need for the applicant to resubmit applications for an additional authorization by advising applicants to list alternative dates on the initial application. This avoids confusion and reduces the number of applications that must be submitted by the event organizer.
6) Item 8. Specific performers/aircraft need not be listed on the initial application. The application may be accepted with a notation in item 8 that a list will be provided at a later, specified date and time. The list should eventually include all performers and aircraft (civilian and military), including North American military Tac Demo teams and parachute teams (civilian and military). Once the list has been supplied, may be amended by the responsible person and resubmitted to the IIC for approval. Performers added on the day of the event must show proof of appropriate qualifications that the aircraft is airworthy, and a determination must be made that the performance can be conducted at that show site.
7) Items 9 and 10. The name and address of the event organizer is required in this section.
a)      The FAA’s concern is not the identity of the individual or organization sponsoring the event, but that the individual designated as the “responsible person” is capable of instituting the measures necessary to ensure adequate safety for the event.
b)      The event organizer of an air show may be an individual, a group of individuals, or an organization. The event organizer of an air show may appoint a responsible person that has the overall responsibility for the conduct of the air show in a safe manner and IAW the conditions contained in the certificate of waiver or authorization issued for the air show. The event organizer may delegate to other persons the authority to organize and control particular aspects of the event. At a small event, one person may be able to coordinate more than one activity, while at a large event, an activity may be controlled by a committee of persons delegated the appropriate authority.
8) Item 11. There is no specific requirement for the use of uniformed police or security guards. The need for policing depends upon several factors that must be discussed with the IIC to ensure adequate crowd control. However, it is highly recommended that uniform clothing be worn (high visibility T‑shirts, hats, etc.) by individuals performing crowd control or other official duties.
a)      The event organizer must ensure that the air show demonstrations are conducted safely and without creating a hazard to any nonparticipants or spectators. It is imperative that all areas adjacent to the air show site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection, and that these areas can remain sterile if they are located under the aerobatic box.
b)      With respect to crowd control, it is the event organizer’s responsibility to ensure that all reasonable efforts are made to confine spectators to the spectator areas, ensure that sterile areas are evacuated and remain sterile, and to present a plan to the IIC in sufficient detail that specifies how this will be accomplished and who is responsible to police the aviation event.
9) Item 12. Emergency facilities have caused problems for event organizers. As previously noted, the application serves as an all‑purpose form and contains items that may or may not be appropriate to emergency facilities. Some applications have been erroneously denied because the boxes for physician, ambulance, and fire truck were not filled in. Every air show event organizer should be encouraged to provide emergency medical service even though this service may not be called into use. Many event organizers prefer to have the local fire department’s emergency rescue squad, paramedics, or emergency medical technicians at their show rather than a physician.

NOTE: NOTE: The guidelines for emergency procedures listed in paragraph 3‑153 should be consulted when considering which boxes to check in item 12.

10)         Item 13. Description of method for controlling air traffic and potential alternative communication methods should be entered in this block. For example:
a)      Although every aircraft in the event may be equipped with a two‑way radio, a visual ground‑to‑air emergency signal must be provided and described in the application.
b)      If a scheduled air carrier serves an airport that is the site of an aviation event, arrangements must be made for the arrival and departure of such aircraft. It is usually adequate to schedule a break in the activities to allow for scheduled arrivals and departures. The event organizer should complete prior coordination with the air carrier and ATC.
c)      Request for TFRs, as authorized under § 91.145, if applicable.
d)      List ATC facilities, frequencies, and contacts.
11)         Item 14. The FAA must see a proposed schedule of events to evaluate the application. It should contain at least a general description of the types of events and their approximate sequence in the show. The application may be accepted with a notation in item 14 that a schedule of events will be provided at a later, specified date and time.
a)      The schedule should identify the aircraft and performers in the sequence of appearance as best as possible at the time. This list becomes a part of the official waiver or authorization package. During the event, the scheduled order of appearance may change because of weather, mechanical problems, or other factors at the discretion of the air boss.
b)      Any demonstration or act added to the air show schedule requires notification to FAA and should be submitted at the earliest opportunity (see subparagraph 3‑144C6, Item 8). Cancellation of an air show demonstration or act does not require advance notice, unless it has a significant impact on the event (e.g., cancellation of a military demonstration team would require notification, as would the cancellation of the entire event).

D.    Temporary Practice Areas. During the air show season, the FSDO may be called upon to issue a waiver for the establishment of a temporary aerobatic practice area.

1) Inspectors should encourage event organizers to apply for a temporary practice box for an associated air show as part of that air show waiver request, if one is desired. This will provide participating performers with a convenient and safe area in which to practice their aerobatic performances.
2) Although this will be a separate waiver, which becomes effective as much as 7 days immediately before the event, it should terminate on or before the same date and time as the event waiver.
3) The actual air show site may be suitable as a temporary practice area if it is a controlled environment and there will be no conflict with other nonparticipating aircraft. The effective times must be thoroughly coordinated with the pertinent air traffic facilities before approval and issuance of the waiver.
4) The temporary practice area should be established no more than 20 or 30 miles from the actual air show site.
5) The responsibility for site selection, coordination, approvals, application, and oversight of the temporary aerobatic practice area rests solely with the air show event organizer.

NOTE: NOTE: Temporary aerobatic practice areas are excluded from Order 1050.1, Environmental Impacts: Policies and Procedures, due to their temporary nature.

E.     Coordination Requirements.

1) Any request for a TFR, waiver, or authorization for an aviation event requires coordination with the appropriate ATC facility and the regional Airspace and Rules manager, Office of System Operation and Safety (ATO‑R), approximately 90 days prior to the event. The TFR NOTAM must be submitted to ATO‑R and copied to the appropriate ATC facility at least 60 days in advance of the aviation event. This will allow ATO‑R to publish the TFR 30 days prior IAW § 91.145(f). Any special conditions considered necessary by the Air Traffic Service will be made a part of the certificate of waiver or authorization.
a)      An ATC clearance for a low approach (i.e., a special military flyby) does not authorize a pilot to exceed § 91.117(a), the 250‑knot speed limitation below 10,000 feet mean sea level (MSL) or § 91.117(b) the 200‑knot speed limitation in Class D airspace.
b)      With the § 91.117(b) 200‑knot speed limitation in Class D airspace, ATC may authorize the pilot to exceed 200 knots only when specifically requested by the pilot in command (PIC).
c)      With the § 91.117(a) 250‑knot speed limitation below 10,000 feet MSL, ATC cannot verbally authorize a pilot to exceed 250‑knots when below 10,000 feet MSL. This is only authorized when § 91.117(a) is waived in a certificate of waiver or authorization.

NOTE: NOTE: Per § 91.117(d), if the minimum safe airspeed for any particular operation is greater than the maximum speed required by § 91.117(a-c), the aircraft may be operated at that speed.

2) Applicants should be directed to ATO‑R when an applicant requests that a special communication frequency be assigned for the event.
3) Any event organizer who requests a waiver for a public aviation event on an airport certificated IAW 14 CFR part 139 must coordinate with the appropriate FAA airport district office (ADO) and receive approval for the event ground operations plan before issuance of FAA Form 7711‑1.
a)      Encouraging event organizers to include airport management in the coordination will greatly facilitate the process. These two steps will facilitate the resolution of any conflicts with Aerospace Recommended Practice (ARP) policy/regulatory requirements relative to 14 CFR part 139. The ground operations plan includes the necessary changes that must be addressed for security. ARP is responsible for ensuring any necessary changes to the security plan are coordinated with FAA security before approval. ARP‑1’s approval of the ground operations plan is generally separate and distinct from the review and approval of the overall air show layout (primary spectator area, show line(s), takeoff/landing runway, etc.) that is the responsibility of the waiver‑issuing FSDO.
b)      Any limitations or special provisions considered necessary by the ADO will be made a part of the certificate of waiver. As part of their normal program responsibilities, FAA ADO inspectors may from time to time request information concerning aviation event activities at airports other than those certificated IAW part 139.
c)      ARP has designated lead airport inspectors in each ARP regional office as the approval authority for this approval. Affected air show sponsors should call the appropriate regional office for coordination. If unable to reach that office, call the national ARP point of contact. The list of regional offices is found on the Internet at http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/air shows/ and also for inspectors on the FAA Intranet site at http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/‌afs/‌programs/air shows.
4) A temporary flight restriction (TFR) is an area designated to enhance the protection of persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aviation event. A TFR should be requested for aviation events that involve Category I and II airplanes. This type of TFR is authorized IAW § 91.145 and the policy established in this chapter for an air show display area at an aviation event. The FAA will issue a NOTAM that designates an area of airspace in which a TFR applies. The TFR area should be identical to the dates, times, and the lateral and vertical limits of the air show demonstration area.
a)      Aerial demonstrations contained entirely within a Class B, C, or D airspace area do not require the issuance of a TFR under § 91.145. Requirements for issuance of a TFR NOTAM IAW § 91.145:

·        Any segment of the requested airspace for the aerial demonstration is outside of Class B, C, or D airspace;

·        Military aircraft are conducting aerobatic demonstrations;

·        Civilian aircraft that operate in excess of 200 knots are conducting aerobatic demonstrations; or

·        Sanctioned military parachute demonstration teams are performing.

b)      TFR issued will reflect the dates, times, and lateral and vertical limits of the air show display area for the aerial demonstration for which a certificate of waiver or authorization (FAA Form 7711‑1) has been issued.

NOTE: NOTE: A Class D NOTAM will be issued for any aerial demonstration that does not require a TFR.

c)      Issuance of a TFR NOTAM. Any request for a TFR, waiver, or authorization for an aviation event requires coordination with the appropriate ATC facility and the regional ATO‑R at least 60 days prior to the event. The IIC must begin this process immediately to ensure that ATC has adequate time to coordinate all necessary requirements for the use of the airspace.

1.      The TFR NOTAM request and sample flight data center (FDC) NOTAM should be submitted by the FSDO to the responsible ATC facility at least 60 days in advance of the aviation event.

2.      The ATC facility coordinates the request with the regional ATO‑R.

3.      The regional ATO‑R reviews and makes a recommendation based on established criteria for the issuance of the TFR NOTAM.

4.      Once approved by ATO‑R, notification will be forwarded to the FSDO, through the responsible ATC facilities.

5.      The TFR NOTAM must reflect the dates, times, and the lateral and vertical limits of the airspace specified on the FAA Form 7711‑2 application.

6.      ATO‑R will publish the TFR 30 days in advance IAW § 91.145(f). The NOTAM will be published automatically by ATO‑R on the FAA NOTAM Web site http://www.fly.faa.gov/‌Products/‌Information/‌NOTAM/notam.html.

7.      If a request for a TFR is not approved as requested, ATO‑R will inform the requestor, indicating the basis for disapproval.

NOTE: NOTE: A Class D NOTAM will be issued for any aerial demonstration that does not require a TFR.

d)      Operations within a TFR NOTAM. When the TFR NOTAM is issued, no person may operate an aircraft or device, or engage in activity within the designated airspace area published in the TFR NOTAM, unless otherwise authorized by ATC or FAA Form 7711‑1.

1.      VFR and instrument flight rules (IFR) air traffic (not specified on the waiver) may be authorized to operate within the designated airspace area published in the TFR NOTAM, when the following conditions are met:

·        Authorization is granted from the controlling ATC facility and IIC has issued approval,

·        The IIC has coordinated with the air boss, and

·        The TFR NOTAM specifies the frequency to contact ATC for an authorization.

2.      Cancellation of a waiver and TFR NOTAM must be coordinated. The IIC must coordinate cancellation with the controlling ATC facility and the air boss. The procedures can be either precoordinated or established at the time of cancellation.

5) Waiver of § 91.155 Requirements for VFR.
a)      Section 91.155 authorizing operations “clear of clouds” is waived under the following circumstances:

1.      Aerial demonstrations are conducted entirely within Class B, C, or D airspace where ATC communication is maintained; or

2.      Aerial demonstrations that are conducted in controlled airspace are issued a TFR NOTAM and ATC communication is maintained.

b)      Aerial demonstrations conducted at night must comply with all of § 91.155.

3-145      PARTICIPANT AND AIRCRAFT ELIGIBILITY.

A.     Statement of Aerobatic Competency.

1) All civil pilots who perform aerobatic maneuvers in any aircraft where the pitch angle or bank angle exceeds 90 degrees must possess a valid FAA Form 8710‑7, Statement of Acrobatic Competency, or Transport Canada Form 26‑0307, Statement of Aerobatic Competency (see Figures 3‑29 and 3‑30).
2) All civil airplane pilots who perform maneuvers in excess of 60 degrees but not more than 90 degrees of pitch, and/or more than 75 degrees but not more than 90 degrees of bank, must have a logbook endorsement or a competency letter issued within the past 24 calendar‑months. This must be done by an FAA inspector, ICAS aerobatic competency examiner, or FAA examiner possessing authorization to administer practical tests in that particular airplane. The endorsement or letter states that the pilot may fly maneuvers up to 90 degrees of pitch and 90 degrees of bank in reference to the horizon and not be considered to be in aerobatic flight (see Figure 3‑31).
3) All limitations on the form will be adhered to, including altitude restriction for the entire performance. Upon request of the FAA, civil airplane pilots must show evidence of performing or practicing their performance(s) within the previous 90 days.

B.     Required Crewmembers. With the exception of stunt persons, the special provisions of an air show waiver provide that only required crewmembers by aircraft type design be carried on any civil aircraft engaged in an aerial demonstration. For additional persons necessary for safety to be on board a performing civil aircraft, the situation must meet the following conditions and be approved by the IIC.

1) Each pilot must be qualified and current in the specific make and model of a civil aircraft.
2) Each pilot must hold a statement of aerobatic competency when the aircraft has functional dual flight controls for all three axes and aerobatic flight is conducted.
3) Each crewmember must be on board to fulfill a definite safety function, such as:
a)      A qualified pilot obtaining experience before inclusion as a nonaerobatic aerial demonstration team member;
b)      A qualified pilot fulfilling a safety function from a pilot station, such as flying cover for closed course air racing;
c)      A qualified person who is required to operate aircraft systems during normal or emergency conditions in flight; or
d)      A qualified pilot providing a one‑time show site checkout for another qualified pilot who is unfamiliar with the site.

C.     Aerobatic Formation Flight. Formation aerobatics may be performed only if the following conditions are met:

1) The members of the aerobatic team must have performed together in 10 aerobatic performances over the preceding 12 months; or
2) The team members must be able to document 30 aerobatic practice sessions as a team over the preceding 12 months in the performing aircraft type; and
3) All persons conducting formation aerobatics must have demonstrated or substantiated their skills and have the formation aerobatics notation placed on their statement of aerobatic competency.

D.    Nonaerobatic Formation Flight. Civil pilots who wish to conduct nonaerobatic formation flybys in the air show display area for an air show must possess a current and valid industry formation training and evaluation credential that is acceptable to AFS‑800. A complete list is available on the FAA employee Web site at http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌offices/‌afs/‌programs/air shows/. This policy does not apply to aircraft carrying jumpers, closed‑course air racing, dog fighting, or skywriters (when skywriting).

1)      An appropriate industry‑issued credential will suffice for any make/model or type airplane (e.g., Formation and Standardization Team (FAST), Formation Flying, Inc. (FFI) cards).
2) Impromptu formation flying at aviation events is not authorized.
3) Formation training flights will not be conducted during the air show.
4)      It is incumbent upon the event organizer to determine compliance with an industry program and/or the airman experience requirements and provisions below. The following conditions must be met:
a)      The aircraft must be equipped with fully functional dual controls and intercom system if the aircraft requires a second in command (SIC).
b)      The responsible person must provide the IIC a list of the pilots flying formation.

E.     Aerobatic Flyby Eligibility. Civil pilots who wish to conduct aerobatic flybys in the appropriate aerobatic box for an air show must possess a valid and appropriate statement of aerobatic competency (FAA Form 8710‑7 or Transport Canada Form 26‑0307 for Canadian pilots).

F.      Aircraft Eligibility. To be eligible to participate in an aviation event, an aircraft must be an airworthy condition. The waiver or authorization’s named responsible person is responsible for ensuring that the participating aircraft have the required documentation to show the aircraft is in airworthy condition.

1) To ensure that the aircraft participating in an aviation event are airworthy, an IIC or his or her representative should examine the general condition of the aircraft and required aircraft documents, and determine if the aircraft has met the specified inspections.
2) The ASI should use one of the following methods to determine compliance with required inspections:
a)      Review of the aircraft’s maintenance records (logbooks); or
b)      Review of a current and valid form supplied by the owner/operator.

1.      The completed form must be similar to the sample FAA Aircraft Inspection and Status Form (Figure 3‑32).

2.      An appropriately qualified airman who holds a mechanic or repairman certificate or an Inspection Authorization (IA) must sign the form.

3.      The ASI who inspected the aircraft and determined it was airworthy may sign the form.

4.      If an ASI has previously signed off on this form, an aircraft inspection is not required.

3-146      AIR SHOW AIRSPACE REQUIREMENTS. FAA Form 7711‑1 is issued to an event organizer. It specifies a geographic area, both lateral and vertical, where air show demonstrations are authorized. This area could be quite large (e.g., 10 nautical mile (nm) radius of an airport from the surface up to 18,000 feet MSL) or rather small (e.g., 2 nm radius up to 3,000 feet MSL), depending on the type of air show demonstration planned. In determining where aerobatics will be performed within the geographic area specified on FAA Form 7711‑2, the event organizer selects a site that will accommodate all the specific types of air show demonstrations without detracting from safety or creating a hazard to any nonparticipants or spectators. It is imperative that all areas adjacent to the air show site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection. An environmental review IAW the current edition of Order 1050.1, Environmental Impacts: Polices and Procedures is not required due to the temporary nature of a waiver for an aviation event. The applicable items that must be identified for an air show are:

·        Air show demonstration area,

·        Show line for Category I airplanes,

·        Aerobatic boxes for Category II and III aircraft,

·        A 500‑foot reference line for flyby aircraft, including corner boxes, and

·        Restrictions to ingress/egress routes (noise sensitive areas, obstructions, etc.).

·        Designated spectator areas.

3-147      MINIMUM SAFETY DISTANCES AND ALTITUDES. This paragraph provides the minimum safety distances, both horizontal and vertical, which must be maintained between aircraft in flight and the primary spectator area, secondary spectator area, congested areas, and occupied buildings during an air show.

A.     Reference Lines, and/or Show Lines. For aerobatic and other flight demonstrations, an aerobatic box, reference lines, and/or show lines must be established at prescribed minimum distances from the designated spectator areas. These lines must be easily identifiable by the appropriate performers.

NOTE: NOTE: Terminology has been changed to prevent performers from flying too closely to the designated spectator areas. Previously, all minimum distance lines were referred to as show lines. Many performers centered their aircraft on the line appropriate for their category. This is appropriate only for Category I airplanes. Category I show lines should be the center of the lead Category I airplane and/or formation. Category II airplanes and all helicopter aerobatics, Category III, and flyby lines are not to be overlapped by any portion of any aircraft required to operate at that minimum distance from the designated spectator areas. To be more descriptive of restrictions, only the 1,500‑foot (at times will be reduced to 1,200 feet) line will be referred to as a show line. The 1,000‑foot (at times 800 feet) line and the 500‑foot line will be referred to in this Chapter as reference lines that are not to be crossed or used as a center line for an aerobatic performance or flyby. They are lines that denote the minimum distance for all portions of all aircraft to be beyond, not on. The Category II and Category III aerobatic areas have to provide enough airspace to complete all aerobatic maneuvers. To do this, they must have length and width described herein as an aerobatic box. All nonaerobatic flybys only need a reference line to stay beyond 500 feet from the designated spectator areas. This is the same line as the edge of the Category III aerobatic box and may not be reduced in distance from the designated spectator area(s).

B.     Formation Flight Demonstrations. For formation flight demonstrations, the formation leader must adjust his or her ground track so that the critical aircraft remains beyond the appropriate reference line.

C.     Category I jet or turbojet‑powered airplanes. Category I jet or turbojet‑powered airplanes flown by pilots without a current surface‑level aerobatic competency card (FAA Form 8710‑7) in make and model, must remain at or above 100 feet AGL when within 1,000 feet of a designated spectator area. As listed in Table 3‑1, three lines may be required when all three categories of aircraft are participating at a show site.

Table 3-1, Distances Between Spectator Area and Takeoff/Landing Area: By Category

D.    Guidelines for Establishing Show Line, Reference Line, and/or Aerobatic Box.

1) Establish show lines prior to establishing the spectator area. If possible, the distance from a crowd line to the closest shoulder of an active runway should be at least 500 feet. This will allow demonstration teams to make formation takeoffs, performers to use the entire runway for ribbon cuts, etc. It is permissible to use a crowd line that is 500 feet from the center line of the runway in use but requires Category I airplanes to make single ship centerline takeoffs and Category III airplane aerobatics to remain beyond the center line, not allowing them to use the center line for alignment during their performances.
2) Use prominent features such as runway shoulders or center lines, tree lines, or other geographical features to establish the show line and/or reference lines.
3) Prescribed minimums may not be altered to accommodate obstacles that are hazards to performers (antennas, windsocks, tall trees, hangars, etc.).
4) All show and reference lines must be clearly discernable, to ensure that pilots have adequate visual references throughout their performance.
5) Show and reference lines for events held at night must be lighted in a manner that ensures the lines are clearly visible and identifiable by the participating pilots.
6) For military demonstration teams, both the Category I show line and Category III reference line must be discernible at least 2 miles from show center at an altitude of 200 feet; the Category I show line should be clearly visible from the highest altitude required by the applicable team.
7) Any turbine engine powered airplane for which bona fide performance data acceptable to the FAA is not available will be required to perform on the Category I show line.

E.     Takeoff and Landing Distances from Spectators.

1) As listed in Table 3‑2, an aircraft’s performance characteristics will determine the minimum distance required between the spectator area and the takeoff/landing surface. The guidance pertaining to aircraft operations applies to all aircraft operating at an air show, starting when spectators are allowed into the show site until all spectators have left the show site.

Table 3-2, Distances Between Spectator Area and Takeoff/Landing Area: By Aircraft Performance Characteristics

 

Minimum Distance Between Spectator Area and Takeoff/landing surface

Aircraft Performance Characteristics

100 feet

Powered Parachute Aircraft

200 feet

Airplanes, gyroplanes, and weight‑shift‑control aircraft with Vref of 60 knots or less and a certificated gross weight of 2,500 lbs or less, including ultralights (airplanes, gyroplanes, and weight‑shift‑control)

Gliders, powered and unpowered paragliders, and hang gliders (see Figure 3‑33)

Helicopters¾engine start and shutdown and hover taxi in ground effect (see Figure 3‑34)

300 feet

Airplanes and gyroplanes with Vref of 100 knots or less and certificated gross weight of 50,000 lbs or less

500 feet

Aircraft Vref in excess of 100 knots

Aircraft with a certificated gross weight in excess of 50,000 lbs

Airplanes and helicopter conducting nonaerobatic maneuvering on takeoff or landing.

Helicopter¾takeoff and landing

(see Figure 3‑34)

The minimum distances in this table for:

(a) Formation takeoff/landing operations, will be measured to the closest runway edge, and

(b) Single aircraft operations conducted on the center line may be measured to the runway center line

(See Figure 3‑33.)

2)      Takeoffs and Landings¾Aerobatic Maneuvers Conducted. When the takeoff runway is separated from a spectator area by less than the required distance from a spectator area, aerobatics are not permitted until the required distance from a spectator area is obtained.
3)      Helicopter Operations. As listed in Table 3‑2, all helicopters must take off and land at a minimum distance of 500 feet from the spectator area during an aviation event and helicopters will not pass over spectator areas at any time, except as provided in subparagraphs 3‑147H and I below, during the departure and arrival. Helicopters must start up and shut down at a minimum distance of 200 feet from the crowd and hover taxi in ground effect or ground taxi at a maximum ground speed of 20 knots ground speed between the takeoff/‌landing areas and the startup/‌shutdown area.
4)      Glider, hang glider, and paraglider towing (airplane/‌automobile) will be conducted at a minimum distance of 200 feet from the crowd.

F.      Flight over Primary Spectator Area.

1)      Civilian and Military Aircraft. Other than those described in Table 3‑2, flight over the primary spectator area is permitted by single aircraft, aircraft in a single formation, or multiple aircraft in trail when at or above 1,000 feet above the spectators.
2)      Military Demonstration Teams. When authorized by AFS‑800, military demonstration teams are permitted to fly at a minimum altitude of 500 feet over the primary spectator area if:
a)      Flight is nonmaneuvering and straight and level or wings level in a normal climb; and
b)      The direction of flight is in one direction only—back to front or front to back.

G.    Secondary Spectator Areas. The responsible person will make every effort to discourage secondary spectator areas. Secondary spectator areas cannot be under the aerobatic maneuver area. Flight over the secondary spectator area is permitted by all civilian and military air show performers when the following conditions are met:

1) Minimum altitude must be no lower than 500 feet above the spectators; and,
2)      Until the aircraft reaches an altitude of 500 feet, flight will be nonmaneuvering and wings level in a normal climb.

H.    Flyby.

1)      A flyby can be performed by a single aircraft, by aircraft in formation, or by aircraft in trail.
2)      A flyby must be conducted totally within clearly marked reference lines at a minimum horizontal distance of not less than 500 feet from primary spectator areas, secondary spectator areas, built‑up areas, or occupied buildings; and IAW the following conditions:
a)      By Category I jet or turbojet airplanes¾no lower than 100 feet AGL when less than 1,000 feet from a designated spectator area, unless the pilot possesses a current surface level statement of aerobatic competency for the make and model of airplane being flown;
b)      By all airplanes¾using a bank angle of no more than 75 degrees, a pitch angle of no more than 60 degrees, and a maximum indicated airspeed of no more than 300 knots, regardless of the category of aircraft;
c)      By formation flights, no lower than 200 feet AGL, using a bank angle of no more than 60 degrees, a pitch angle of no more than 45 degrees and a maximum indicated airspeed of no more than 250 knots, regardless of the category of aircraft.
3)      Corner markers must be highly visible landmarks or contrasting markers easily visible from 200 feet AGL at 200 KIAS that identify the crowd line 500‑foot lateral separation (corner) points left and right of the primary spectator area.

NOTE: NOTE: Per § 91.117(d), if the minimum safe airspeed for any particular operation is greater than the maximum speed required by § 91.117(a-c), the aircraft may be operated at that speed.

I.       Air show Maneuvers Toward Primary Spectator Area. Air show maneuvers toward the primary spectator area are categorized as follows:

·        Unacceptable level of risk¾prohibited (see Figures 3‑35 and 3‑36)

·        Acceptable level of risk¾no approval required

1) The following maneuvers are prohibited:
a)      Any aerobatic maneuver conducted outside the aerobatic box below 1,500 AGL (with the exceptions listed in subparagraph 3‑147V); and
b)      Aerobatic maneuvers conducted inside the aerobatic box that have a descending recovery with a pull or push and having a flightpath which, when extended, would contact the primary spectator area.
2) The following maneuvers are permitted without any additional approval:
a)      Aerobatic maneuvers in which the aircraft, but not the actual energy vector, is momentarily pointed toward the primary spectator area (hammerhead turns, spins, tail slides, torque rolls, lomcovaks, etc.).
b)      Nonaerobatic maneuvers by a single aircraft with an energy vector directed toward the primary spectator area that have a descending recovery with a pull or push and having a flightpath which, when extended, would contact the primary spectator area must be IAW the following:

1.      Powered aircraft with 300 KIAS or less¾no part of maneuver is performed closer than 1,500 feet horizontally from the primary spectator area;

2.      Powered aircraft with indicated speed greater than 300 knots¾no part of maneuver is performed closer than 3,000 feet horizontally from the primary spectator area; or,

3.      Gliders¾no part of maneuver is performed closer than 500 feet horizontally from the primary spectator area.

c)      Flight over the spectator areas IAW subparagraphs 3‑147F and 3‑147G.

J.      Night and Airborne Pyro Demonstrations Authorization. Aerobatic performers may request authorization to conduct aerial demonstrations at night (after official sunset). The demonstrations are typically conducted with pyrotechnic devices attached to the wings. Other demonstrations use numerous landings lights, strobe lights, or smoke. These demonstrations can be conducted no lower than 500 feet and no higher than 5,000 feet AGL. Jet aircraft performers may request a higher ceiling requirement. Inspectors can accommodate such requests by ensuring that the following have been accomplished:

·        The pyrotechnic or light installations are appropriately documented in the aircraft’s maintenance records.

·        The requirements in subparagraph 3‑147L below are met.

K.    Night Event Special Provisions. As appropriate, include the applicable special provisions in addition to the special provisions in paragraph 3‑155 of this section for events conducted after local sunset.

1)      Aerobatic demonstrations at night will be confined to 1 nm on either side of the show center along a well‑defined, lighted show line.
2)      Aerobatic demonstrations at night will be confined to altitudes above 500 feet AGL and below 5,000 feet AGL after official sunset.
3)      The minimum weather conditions at night require a cloud base no lower than 2,500 feet and 3 statute miles visibility. Section 91.155 will not be waived at night.
4)      Aircraft position lights must be operating except while pyrotechnics on the aircraft are illuminated.
5)      When pyrotechnics are illuminated, operations over persons are prohibited at any altitude.

L.     Passenger and Emergency Helicopter Operations. During some air shows, helicopters take passengers for rides or serve as emergency vehicles. The responsible person, in conjunction with the helicopter operator, will establish a comprehensive operation plan, to include egress and ingress routes that do not over‑fly spectator areas at low altitudes and will not interfere with performers or other operations conducted during the air show. This plan will be briefed at the performers’ briefing. The following guidelines will be adhered to:

1) Startup and shutdown areas for helicopters will be:
a)      Located at a minimum distance of 200 feet from the crowd or passenger waiting areas;
b)      Protected by appropriate barriers and/or crowd control to prevent unauthorized persons from entering these areas;
c)      Located to prevent the helicopter from passing over spectators during takeoff or landing;
d)      Pilots must receive the performer’s briefings by the same briefer unless relief is granted by the IIC for a different briefer to give the briefing due to remoteness of helicopter operations in reference to the main event (attendance at the performer’s briefing is highly recommended); and
e)      Refueling procedures for operations conducted during the air show hours must be approved by the IIC.

NOTE: Note: Helicopter operations will not be permitted during military demonstration team, military Tac Demo performances, or parachuting operations. The IIC may permit helicopter operations during parachuting operations if the operations are distant enough from the parachuting landing area to not be a safety hazard (e.g., Air Venture at Oshkosh, where the helicopter operations are at a separate location from the main air field).

M.  Helicopter Demonstrations.

1)      Helicopter Acts Involving External Load Operations. Air show acts that are considered Class B, C, or D external‑load operations, will not be conducted over persons on the surface unless those persons are part of the act and must be conducted IAW 14 CFR part 133 and the provisions of the waiver. Military helicopters need not comply with part 133 but must comply with the provisions of the waiver.
2)      Helicopters may perform aerobatic maneuvers no closer than 1,000 feet horizontally from designated spectator areas.
3)      Helicopters performing aerobatic maneuvers must have a valid and current special airworthiness or experimental certificate issued in the Experimental Category for the purpose of exhibition. Nothing contained in these special provisions of the waiver should be contrary to any operating or special limitation issued as a part of that special airworthiness or experimental certificate.
4)      Helicopters may not perform nonaerobatic abrupt maneuvers closer than 500 feet horizontally from a spectator area.
5)      Helicopter performers are limited to the aerobatic maneuvers as listed on their statement of aerobatic competency card.

N.    Air Carrier Aircraft Demonstrations. Flight demonstrations may be conducted at an air show under the provisions of a waiver by any certificated air carrier with a large (more than 12,500 lb GTOW) aircraft listed on that certificate. When an air carrier operating this large aircraft requests authorization to conduct a flight demonstration at an air show, the IIC will require the following:

1) The air carrier will develop a performance package that describes in detail the entire flight profile. The performance package will specifically address the make and model of the aircraft and take into consideration any specific flight safety conditions of that aircraft.
2) A waiver provision should be developed with the following limitations:

·        Minimum altitude¾200 feet AGL,

·        Maximum bank¾30 degrees,

·        Maximum speed¾300 knots, and

·        Minimum speed¾Vref for the configuration and weight of the aircraft, or as required for the go‑around sequence on touch‑and‑go landings should be permitted only when the carrier has addressed the crew procedures, the runway requirements, and the abort procedure in sufficient detail.

3)      Coordination with the air carrier’s principal operations inspector (POI) is necessary before approval by the IIC.
4)      Any maneuvers not in the air carrier’s training program must be practiced before the demonstration. This practice may be in an approved simulator that represents the make and model of aircraft to be demonstrated.

O.    Ultralight Type Vehicle Demonstrations. An ultralight type vehicle is only a single place vehicle and must meet the applicability of 14 CFR part 103, § 103.1 and operate as an ultralight type vehicle under part 103. The FAA does not require certification of ultralight type vehicle operators meeting the provisions of § 103.1.

1)      Aerobatic flight demonstrations by ultralight type vehicles should be included on a certificate of waiver or authorization, with appropriate special provisions. The applicant must provide the issuing office with a statement of determination that the vehicle meets the requirements of § 103.1 or authorized under an exemption to part 103, and the operator is able to conduct the proposed demonstration without creating a hazard to persons and property on the surface. The statement should contain a summary of how the determination was made. The IIC determines if the statement is suitable. The IIC may require a demonstration prior to making a determination. For additional support, contact AFS‑800.
2)      Ultralight type vehicles must meet the same separation standards as conventional aircraft with a level flight cruise speed of less than 156 knots using 75 percent power (Category III), with the exception of powered parachutes.
3)      Wing walking acts using ultralight type vehicles are not authorized for operation as an ultralight vehicle operated IAW part 103. Only certificated aircraft may be used for this type operation.
4)      Pilots may not receive compensation for participation at aviation events because ultralight vehicles may not be operated for compensation or hire.

P.      Experimental Amateur‑Built and Exhibition Aircraft. The aircraft can be flown aerobatically if its airworthy and not prohibited from aerobatic flight. The performer must provide to the IIC documentation of the aerobatic maneuvers authorized IAW the aircraft operating limitations. The IIC should consult with the airworthiness inspector regarding suitability.

Q.    Wing Walking and Specialty/Trapeze Acts. Wing walking acts may be approved when the performers have safely demonstrated the act in an aerobatic competency evaluation. Part 91, § 91.107(a)(2) and (3) may need to be waived for stunt persons only. All helicopter trapeze acts must comply with the applicable requirements of part 133 concerning helicopter external load combination Class B or D operations. Overflight of the designated spectator areas for these acts must be avoided.

R.    Ground‑Based Pyrotechnics. As appropriate, in addition to the applicable air show special provisions listed on the FAA Internet site http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/‌air shows/waiver/ and on the FAA employee’s Intranet site http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌office/‌afs/‌programs/air shows/, include the pyro special provisions and checklist (see Figure 3‑37) for events that will use ground‑based pyrotechnics, if the ground‑based pyrotechnics will be installed and/or detonated anywhere on the airport surface.

S.      Sailplane Operations. The following criteria apply only to sailplane operations.

1) Motorized and non‑motorized sailplanes fall into the Category III aircraft group. Category III aerobatic box and performance distances apply.
2) Unless obstructions are present that would make a taxiway takeoff unsafe, it should be permitted with a minimum distance of 200 feet from the primary spectator area (Figure 3‑33). This distance may be reduced to 150 feet if the takeoff path is at an angle of at least 10 degrees away from the spectators.
3) Landings may be approved on the taxiway used for the takeoff as long as there are no obstructions or adverse wind conditions that would create a hazard to the spectators. If the landing approach requires a low altitude turn over the spectators, landing on a taxiway is not permitted. After landing, the aircraft must come to a full stop at least 50 feet from spectators.

T.     Agricultural Aircraft Demonstration. In addition to the applicable air show special provisions listed on the above mentioned Web sites, include the appropriate agricultural aircraft special provisions for events that have agricultural aircraft aerobatic demonstrations.

U.     Repositioning Turns. The following aircraft performing repositioning turns stated as follows are not considered aerobatic maneuvers.

1) Civilian air show performers with a statement of aerobatic competency card flying any Category I airplane or Category II ex‑military fighter are permitted to perform repositioning turns to return the air show demonstration area provided these repositioning turns are conducted above 500 feet AGL using a maximum of 120 degrees of bank and 90 degrees of pitch when not over designated spectator areas or congested areas. Bank angles may exceed 120 degrees of bank above 1,500 feet AGL when not over spectators or congested areas.
2) Civilian air show performers without a statement of aerobatic competency card may conduct repositioning turns above 500 feet AGL with a maximum aircraft bank angle of 90 degrees and/or a pitch attitude of 75 degrees above or below the horizon when not over designated spectator areas or congested areas.
3) Civilian Performers, Military Demonstration Teams, and Tac Demo Teams. Repositioning turns for the purposes of returning to the aerobatic demonstration area show center are permitted to exceed the angle of bank or pitch attitude established in subparagraphs 3‑147V1) and 2 above if the following conditions are met:
a)      The pitch and bank angles that are established in subparagraphs 3‑147V1) and 2 are not exceeded below 1,500 feet; and
b)      The aircraft is not over a congested or designated spectator area.

V.     Ingress and Egress Routes into and out of the Flying Display Area.

1) All Civil and Military Aircraft. For flight over congested (built‑up) areas adjacent to flying display areas:
a)      Section 91.119(a) will not be waived for aerial demonstration purposes. Section 91.119(a) requires that all pilots must always operate an aircraft at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface, except when necessary for takeoff or landing; and
b)      Aerobatic maneuvers are prohibited.
2) All Civil and Military Aircraft (Except for Sanctioned Military Demonstration Teams). For flight over congested (built‑up) areas adjacent to the flying display area:

NOTE: NOTE: Identified as blue (gray) or pink (red) on a topographic map, in densely built‑up areas, most individual buildings are omitted and an area tint is shown. On some maps, post offices, churches, city halls, and other landmark buildings are shown within the tinted area. The first features usually noticed on a topographic map are the area features such as vegetation (green), water (blue), some information added during update (purple), and densely built‑up areas (gray or red).

a)      Minimum Altitude. At least 1,000 feet above the highest obstacle within a radius of 500 feet from the aircraft;
b)      Ingress from Adjacent Congested Areas (Built‑up Areas) to Flying Display Area. Aircraft entering a flying display area from over a congested (built‑up) area are permitted to leave the minimum altitude specified above in subparagraph 3‑147W2)a) to complete a smooth transition to the performance altitude on the flight line; however, the angle of descent should not be lower than a normal approach for that aircraft type (i.e., steeper than normal approaches are permitted).
c)      Egress from Flying Display Areas to Adjacent Congested (Built‑up) Areas. Aircraft exiting a flying display area to a congested (built‑up) area should climb at a rate consistent with the safe operation or best pitch attitude for that aircraft type. If extended flight over the built‑up area is expected, compliance with the minimum altitude specified above in subparagraph 3‑147W2)a) is required (Figure 3‑26).

W.   Compensation at Air shows.

1) To receive any type of compensation (fuel, oil, lodging, rental cars, etc.), for flight activities at an air show, an airman must have a commercial pilot certificate and second‑class medical certificate. The aircraft must be certificated for operations that allow compensation or hire. Additionally, if passengers or property are carried for compensation or hire, the aircraft must be certificated to allow for those types of operations.
2) IAW part 91, § 91.319, all experimental aircraft are prohibited from conducting operations for compensation or hire while carrying passengers and/or property operations. Experimental aircraft may be authorized to be operated for compensation or hire without any passengers or property on board.
3) IICs should conduct an investigation when they become aware of any performers who may only hold a private pilot certificate and appear to be receiving compensation while performing or giving rides.
4) Additionally, all FAA inspectors conducting surveillance should be vigilant in monitoring activities that involve passenger rides at an aviation event. They should conduct an investigation when they become aware of operations conducted in an aircraft or by a pilot who may be operating contrary to regulations.

3-148      MILITARY AIRCRAFT PERFORMANCES.

A.     General Considerations. The guidelines in this paragraph apply to military aircraft, military pilots, and parachute teams specifically designated to perform missions for the DOD, the Canadian military forces, and command‑approved Tac Demo aircraft, as well as some foreign flight demonstration teams.

1) Except as described below, the FAA normally does not issue any special approvals, authorizations, waivers, or blanket exemptions concerning any military team air show performances. The teams’ standard maneuvers must be acceptable within FAA policy.
2) The teams are not exempt from any regulation or policy that is used in issuing a waiver.
3) DOD has agreed to approve participation at official events only when safety is not compromised.
4) Any complaints received by the FAA as a result of the aerial demonstration should be forwarded to the designated military representative for disposition. Any questions involving a military team should be directed to the appropriate team.
5) Enforcement action will be conducted according to current FAA policy (see FAA Order 2150.3, Compliance and Enforcement Program). When enforcement action is initiated, the IIC must notify the national air show coordinator through the regional air show coordinator.
6) All accidents and incidents must be reported to the national air show coordinator by the IIC through the regional air show coordinator.

B.     FAA‑Accepted Maneuvers Packages/Approved Profiles for Military Demonstration Teams.

1) The various military teams provide AFS‑800 with command‑approved maneuver packages for acceptance. See paragraph 3‑149 for the acceptance process. The national air show coordinator will observe a private demonstration performance before acceptance of the maneuvers packaged is issued for all military demonstration teams. The national air show coordinator will determine whether a private demonstration performance will be required before acceptance is issued for all other military teams.
2) Performers who hold command approval for such maneuvers must show evidence of AFS-800 acceptance, produce documentation of exactly what was approved and accepted, and graphically show where the checkpoints will be at the show site for accomplishment of the maneuver or turn. This should be accomplished as early as possible in the event planning process, preferably during the preseason winter meetings. This information can be found on the FAA employee’s Intranet site: http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌office/‌afs/‌programs/air shows/.
3) Any change to an FAA maneuvers package or the addition or removal of a pilot authorized to fly under the prescribed maneuvers package must be coordinated with the national air show coordinator at AFS‑800 as soon as possible. These changes are not authorized until accepted or approved by AFS‑800 and the national air show coordinator.

C.     Military Demonstration Team Qualifications and Training. The proficiency and ability of the members of military units are determined by AFS‑800 and the national air show coordinator.

D.    DD Form 2535¾Military Participation. DOD requires the event organizer, or a designated representative, to complete DD Form 2535, Request for Military Aerial Support, when requesting a U.S. military aerial demonstration team on or off a military installation. The event organizer or representative must forward the form to the appropriate FSDO. The event organizer must allow for a 30‑day review period. The FSDO completes Section IV, FAA Coordination (Airspace Coordination). The proposed site requiring a waiver must be classified as satisfactory, conditional‑satisfactory, or unsatisfactory during a site feasibility study conducted by an FAA inspector.

·        A satisfactory classification indicates that a waiver can be issued following compliance with other requirements.

·        A conditional‑satisfactory classification will include specific conditions that need to be met, such as closing roads, evacuating buildings, etc., and special consideration for the military demonstration teams’ ingress and egress routes.

·        An unsatisfactory classification indicates that the requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.

NOTE: NOTE: If the site is deemed unsatisfactory by the FAA, the request for participation will not be accepted by DOD.

1) The feasibility study is usually conducted during the summer months for an event that will take place the following show season. The inspector should conduct this study in a timely manner, providing the event organizer ample time to submit the DOD form before the DOD suspense date. An onsite inspection is required for each request to determine the status of new construction or other environmental changes in the area.
2) Templates of the proposed maneuvers and 7.5 minute series Topographic Quadrangle Maps published by the U.S. Geological Survey (USGS) (scale 1:24,000), or equivalent (e.g., satellite photographs available on the Internet), will be required to conduct the feasibility study. The USGS publishes maps at various scales and also provides aerial photographs. Reference http://www.usgs.gov/‌pubprod/maps.html for more information. The responsible person provides the inspector with the current templates, the map, and/or aerial photographs of the required airspace for the event. This is especially important at a site where the U.S. Navy Blue Angels, the U.S. Air Force Thunderbirds, or the Canadian Forces Snowbirds are appearing for the first time or where new construction may affect a location’s suitability for an air show. All aerobatic maneuvers conducted in the air show display area must be performed inside the aerobatic box as defined by each military demonstration team’s maneuvers package. Generally, the standard aerobatic box for the three military demonstration teams is 12,000 feet by 3,000 feet. For a single ship demonstration team, the standard aerobatic box is 6,000 feet by 3,000 feet. The support manuals and the maneuvers package for the current year should be used to evaluate the site and determine if the box has been extended beyond the standard aerobatic box to accommodate specific maneuvers. Contact the regional air show coordinator for a copy of last year’s package or obtain it from the FAA employee’s Intranet Web site http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/‌afs/‌programs/air shows/.
3) The U.S. Air Force Thunderbirds, U.S. Navy Blue Angels, and the Canadian Forces Snowbirds will conduct preseason meetings with the air show event organizer and jurisdictional FAA offices. These meetings will usually occur in the winter months before the start of the air show season. Meeting participation is mandatory for the jurisdictional FSDO. It is incumbent upon the event organizer to notify the appropriate FSDO in ample time to send a representative to the meeting. The FSDO will notify the regional air show coordinator of the meeting. It is imperative to review site suitability in detail with the event organizer and military demonstration team representative at this meeting. This will include, but is not limited to, the placement of the aerobatic box and impact on the nonparticipating public on the surface under this box, review of proposed ingress/egress routes that will require FAA approval and any impact on scheduled air carrier operations.

E.     Military Single‑Ship Tactical Demonstrations. The military Tac Demo teams are the sanctioned North American military specialized teams that demonstrate the capabilities of one particular aircraft; e.g., the USAF F‑15, F‑16, and A‑10 Tac Demo teams; the USN F‑18 Tac Demo teams; and Canada’s DND Tac Demo teams. The applicable branch of the military must develop maneuver packages, which define the aerobatic routine to be performed at aviation events. The military must establish a list of command‑approved pilots who are authorized to conduct the aerobatic routines. The approved maneuvers package and list of command‑approved pilots must be submitted to AFS‑800 for acceptance. AFS‑800 will distribute copies of the command‑approved packages and the list of pilots who may perform at air shows to the regional air show coordinators and on http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/‌afs/‌programs/air shows/.

F.      Arrival Demonstration. Military demonstration teams and military Tac Demo teams may conduct an arrival demonstration. This normally consists of several passes for visual familiarity with existing landmarks and maneuvers practice using these landmarks. Details of the arrival demonstration must be coordinated in advance. This should be accomplished at the preseason meeting.

1) The arrival demonstration must be a previously‑approved event meeting all FAA regulations and requirements as stated in the waiver and special provisions. The main difference between the arrival demonstration and a regular demonstration is that the normal size crowd is not present, which may preclude the need for crowd control.
2) The military often asks to have the team advance coordinator or operations officer accept the arrival demonstration briefing and relay all necessary information to the team. The IIC should allow this if the team representative is a rated aviator or a nonrated officer serving with the team. Briefings with the team representative must be completed before the team’s arrival at the demonstration site. It is mandatory that the IIC or IIC’s representative is present at this briefing.

G.    Military Demonstration Teams Ingress/Egress Routes. The military demonstration teams have command‑approved maneuvers packages that are accepted by the FAA. The maneuvers packages describe each demonstration maneuver in detail and specify ingress/egress routes. Flight over congested (built up) areas adjacent to flying display areas (ingress and egress) must be carried out as follows:

1) Military demonstration teams are authorized to fly nonaerobatic at 500 feet above obstacles and/or occupied buildings when within 3 nm of show center.
2) On a case‑by‑case basis, where it is deemed a safe transition to the next maneuver, the IIC may grant a waiver to the military demonstration teams permitting them to fly as low as 200 feet above the highest obstacle within a 500‑foot horizontal radius along specified ingress/egress routes within 3nm from show center, provided the following conditions are met:
a)      A request for this waiver by the commander of the military demonstration team is on file with AFS‑800. The following must be addressed in a request to the IIC at each show site:

1.      The results of a completed onsite survey conducted during the current air show season by a representative of the military demonstration team;

2.      A current aerial photograph or topographical chart depicting the Category I show line, aerobatic box required for the approved maneuvers package, and ingress/egress routes; and

3.      Ingress/egress routes must be depicted on a 1:24,000 scale map (or its equivalent) indicating the minimum altitudes requested, the 500‑foot lateral distance of the end of the primary spectator area, and any other secondary open‑air assemblies of persons.

b)      Flight is never authorized below 500 feet:

1.      Over high density congested areas (built‑up) or occupied buildings;

2.      Within 500 feet laterally of open‑air assemblies of persons; and

3.      Aerobatic flight is not permitted outside of the aerobatic box (except as authorized as stated above).

c)      The IIC is responsible for determining that the requirements in subparagraph 3‑148G.2)b)1 above have been satisfied before approving the waiver and ensure compliance ensure compliance with subparagraph 3‑148G.2)b)2 regardless of a special waiver being issued.

H.    DOD‑Sanctioned Military Teams. Only the Aviation Liaison Officer in the Office of the Assistant Secretary of Defense for Public Affairs can DOD‑sanction a team. The only DOD‑sanctioned teams are the U.S. Air Force Thunderbirds, U.S. Army Parachute Team, U.S. Navy Blue Angels, and U.S. Navy Leap Frogs. Their contact information is listed on http://www.FAA.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/‌air shows/military/.

I.       Foreign Military Teams. The considerations and procedures of this chapter also apply to military teams sanctioned by other countries and approved by AFS‑800. The letter of approval for foreign military teams may only be issued by AFS‑800. The national air show coordinator will observe a private demonstration performance before the approval is issued. See paragraph 3‑149 for the acceptance process for all foreign military teams.

J.      Canadian DND‑Sanctioned Military Teams. The only Canadian DND‑sanctioned military teams are the Canadian Forces Snowbirds, the Canadian Forces CF‑18 Demo Special Events, and SkyHawks. Their contact information is listed on http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/‌air shows/military/.

NOTE: NOTE: Other foreign teams may be authorized on a yearly basis. If so, their letters of authorization from AFS‑800 will appear on the FAA employee Intranet site.

K.    Military Flybys (Other than an Aviation Event). Requests for military participation (flyby) at civic events, funerals, etc., should be submitted to the local FSDO. The flybys should be accomplished at 1,000 feet above the highest obstacle, IAW § 91.119. Section 91.117 is the only section that may be waived and only if the minimum safe maneuvering speeds for the aircraft being flown is above the air speeds listed in this section.

1) All military flybys require a DD Form 2535, approval. The IIC should perform an onsite inspection to determine suitability. This must include ingress and egress routes in addition to consideration of the appropriate airspeed for the airspace in which the flyby will be conducted.
2) The DD Form 2535 should be marked conditional‑satisfactory if the site is determined to be satisfactory. In the REMARKS section, document the following conditional requirements that must be met:
a)      A briefing between the PIC and ASI must be conducted before the flyby.
b)      Compliance with part 91 is required.
c)      An authorization and agreement of the conditions from the commanding officer must be submitted to the ASI.
3) The ASI must ensure the information in the remarks section of DD Form 2535 is coordinated with the commanding officer authorizing the military flyby.

3-149      MILITARY FLIGHT DEMONSTRATIONS ACCEPTANCE PROCESS.

A.     Flight Demonstration Teams. Military flight demonstration teams, single‑ship tactical demonstrations, and mixed military and civilian formation demonstration teams that conduct public performances in the United States require FAA acceptance of their command‑approved maneuvers packages by AFS‑800. Some of the maneuvers described in these packages may have a vector momentarily orienting varying degrees of energy toward the primary spectator area but must comply with FAA regulations or the policy established in this chapter.

B.     Evaluation Process. The evaluation process is required to assure an equivalent level of safety for spectators in case of an incident involving the aircraft.

1) The following criteria will be used by the military committees and the FAA to evaluate maneuvers for compliance:
a)      Aerobatic maneuvers with a pull or push on a flightpath which, when extended, would intersect the primary spectator area, are not to be approved and cannot be performed at public aviation events by any performers, either military or civilian, without AFS‑800 approval. This does not include aerobatic maneuvers in which the aircraft, but not the actual energy vector, is momentarily pointed toward the primary spectator area (e.g., hammerhead turns, spins, inverted flat spins, tail slides, torque rolls, and lomcovaks).
b)      Turning maneuvers of 360 degrees (excludes rolling 360‑degree turns) and positioning and/or clearing turns made at the end of the aerobatic area for the purposes of remaining in the aerobatic area or returning to show center are permitted. Inverted flight is prohibited.
c)      Aerobatic maneuvers outside the aerobatic box (over persons or property on the surface) are not authorized.
d)      Flight over the primary spectator area is permitted IAW the following conditions:

·        Minimum altitude must be no lower than 1,000 feet above the spectators (500 feet for military demonstration teams);

·        The flight must be straight and level or wings level in a normal climb; and

·        The direction of flight must be in one direction only¾back to front or front to back.

2) The FAA acceptance process is outlined below.
a)      Military flight demonstration teams (single‑ship demonstration teams and civilian/military formation teams) planning to perform an aerobatic demonstration in the United States must submit an application package that contains the following requirements:

1.      A complete copy of their maneuvers package must be furnished to AFS‑800, National Air show Coordinator, and the appropriate military committee chairman by March 1 of the current year for review by the FAA and the military committee. The National Air show Coordinator will coordinate any necessary changes with the applicant. Changes will be recoordinated with an appropriate committee.

2.      The maneuvers package (electronic format is required) will consist of profiles that must contain the following:

·        A ribbon pictorial of all maneuvers in the performance,

·        Minimum and maximum operating altitudes,

·        Distances from the designated spectator area, and

·        Relationship of the aircraft to the show line.

3.      Minimum weather requirements for the performance and profiles for a high and low show if that option is available.

4.      The size and dimensions of the following airspace required to conduct the performance: flying display area, aerobatic box, and ingress/egress routes.

b)      Military teams must submit a letter from the commanding officer authorizing this military team. The letter must include:

·        A team roster, including the address and telephone number of the commanding officer of the military organization;

·        The military orders describing the requirements for training and the conduct of the operation; and

·        A list of the aircraft used in the demonstration and a description on how to conduct flight demonstrations in the United States.

c)      Civilian performers must submit a team roster, if applicable, the address and telephone number of each performer, a list of the aircraft used in the demonstration, and a description of how to conduct flight demonstrations in the United States.
3) For the U.S. Navy Blue Angels, U.S. Air Force Thunderbirds, and the Canadian DND Snowbirds, after the FAA has determined the maneuvers package is acceptable, plans should be made for a demonstration of the performance for the National Air show Coordinator before the first public event. A military base or practice area is preferred when practical. This is to verify whether the team can conduct its performance safely and IAW all applicable FAA policy.
a)      At that demonstration, the national air show coordinator will brief the team concerning specific limitations and other concerns.
b)      Upon successful completion of the flight demonstration, the national air show coordinator will issue a letter accepting the maneuvers package and authorization for the team to perform in the United States for the current season.
4) For all other military demonstration teams (i.e., foreign, single‑ship demos, military/civilian), after the FAA has determined the maneuvers package is acceptable, a demonstration of the performance should be made prior to each air show season. This demonstration will be observed by the national air show coordinator or designated representative. Upon successful completion, the national air show coordinator will issue a letter accepting the maneuvers package and authorization for the team to perform in the United States for the current season.
5) During the air show season, the names of approved civilian performers, demonstration teams, and team members will be published on the FAA employee Intranet site http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌office/‌afs/‌programs/air shows/. The site is maintained by the national air show coordinator and is available to all inspectors.
6) Any change to an FAA‑accepted maneuvers package or the addition or removal of a pilot authorized to fly under the prescribed maneuvers package must be coordinated with AFS‑800 immediately. No demonstrations may be conducted until the FAA has accepted the changes.

3-150      PARACHUTE DEMONSTRATIONS. Although many air show activities may require waivers, parachuting or skydiving demonstration jumps do not. As provided in part 105, some of these jumps do require a certificate of authorization. FAA Form 7711‑2 is the application for authorizations parachute jumps.

A.     Parachutists Not Associated with the USPA. Parachutists who are not members of the USPA and who wish to participate in a demonstration or exhibition jump over or into a congested area, must present satisfactory evidence of the experience, knowledge, and skill equivalent to that required by the USPA. Although the majority of contacts with the parachutists are made by operations inspectors, questions concerning parachute riggers, airworthiness, or engineering should be referred to the Aircraft Maintenance Division (AFS‑300) and/or the Aircraft Certification Service, Rotorcraft Directorate’s Special Certification Office (ASW‑190) for resolution. In some cases, the local USPA area safety and training advisor may be able to answer safety questions regarding the jump and landing area. Contact the USPA for assistance in locating a USPA area safety and training advisor in your area.

1) If the applicant is unable to provide adequate information about the event or jumper’s qualifications, inspectors may require a demonstration jump (not over a congested area) before approving an authorization.
2) The USPA has been authorized by FAA to adopt its own safety rules and licensing standards for parachutists, instructors, and jumpmasters. Additionally, the USPA has pledged to implement a policy of self‑policing so that conflicts with other airspace users are avoided and a high level of safety is maintained. Toward this goal of assisting the FAA, the USPA has supplied every FSDO with a brochure of its rules and safety programs and has offered assistance any time the FAA has encountered problems with a particular club or has questions regarding parachuting.

B.     Safety. Part 105 states rules designed to protect the general public and other users of the national airspace from sport parachuting activities.

1) When a parachute jump is conducted over or into a congested area, a certificate of authorization is required.
2) An open‑air assembly of persons usually occupies a relatively small area. Therefore, it should not be a problem to avoid these areas during an exit. The primary purpose of an exit limitation over an open‑air assembly is to provide a higher level of safety under the remote possibility that a jumper would be unable to deploy one of two parachutes.

C.     Certificate of Authorization. Section 105.21 includes rules applicable to jumps over or into congested areas or open‑air assemblies of persons. FAA Form 7711‑1 is required for any jump over or into a congested area.

1) The drift‑over provision of § 105.21 permits a jumper to exit an aircraft over areas other than a congested area and, with a fully deployed parachute, drift over a congested area or open‑air assembly of persons, and then land in an open area. Under these circumstances a certificate of authorization is not required. However, the drift‑over provision does not permit any jump that results in a landing into a congested area or open‑air assembly of persons unless the parachutists have obtained a certificate of authorization.
2) Operations inspectors reviewing applications for authorizations to jump into congested areas or controlled airspace should look for any indication that these jumps involve special stunts or more participants than the aircraft type certificate allows. When in doubt, coordinate with the FSDO airworthiness unit. Further information about congested areas can be found in Volume 3, Chapter 51, Section 6, Evaluate a Part 133 Congested Area Plan (CAP), paragraph 3‑4203; and Volume 3, Chapter 52, Section 2, Evaluate a Part 137 Congested Area Operations Plan, paragraph 3‑4258.

D.    Parachutist’s License and Recent Experience. The competence of parachutists is extremely important when evaluating the suitability of a landing site.

1) Open field and Level I landing areas require a current USPA class C or D license (or equivalent), a minimum of 200 jumps, of which 50 jumps were within the last 12 months on the same make and model canopy.
2) Level II and stadium landing areas require a class D license with a pro rating (or equivalent), and 50 jumps within the last 12 months and on the same make and model canopy, of which 5 jumps were in the previous 60 days.
3) USPA issues the PRO rating with an expiration date that coincides with the expiration date of the holder’s USPA membership. USPA members are renewed on the basis of continued demonstration of the original certification requirements. USPA original certification requirements are memberships in USPA, a USPA class D license, and the accomplishment of 10 successive jumps into a 10‑meter (32‑foot) diameter target area IAW the following:

·        All required jumps are accomplished with a stand‑up landing;

·        The size of the canopy used during the PRO rating qualification determines the smallest canopy allowed in demonstration jumps; and

·        Qualification jumps are witnessed by either a safety and training advisor or by an instructor/examiner and at least two other spectators.

E.     Landing Areas. All FAA‑authorized demonstration jumps are classified as open field, Level I, Level II, or stadium.

1) Open Field.
a)      A minimum‑sized area that will accommodate a landing area no less than 500,000 square feet (e.g., approximately 750 by 750 feet, or an area with the sum total that equals or exceeds 500,000 square feet);
b)      Allows a jumper to drift over the spectators with sufficient altitude (250 feet) so as to not create a hazard to persons or property on the ground; and
c)      Will accommodate landing no closer than 100 feet from spectators.
2) Level I Landing Area.
a)      An open area that will accommodate a landing area no smaller than 250,000 square feet (e.g., approximately 500 by 500 feet); and
b)      Permits jumpers to land no closer than 50 feet from the spectators and to pass over the spectators no lower than 250 feet, including the canopy and all external paraphernalia.
c)      Many open field athletic areas and airport operational areas constitute Level I landing areas.
3) Level II Landing Area.
a)      An open area that will accommodate a square, oval or round shaped landing area no smaller than 75 by 75 feet for no more than four jumpers (an additional 5,000 square foot minimum for each additional jumper over four); and
b)      Permits jumpers to land no closer than 15 feet from the spectators and to pass over the spectators no lower than 50 feet including the canopy and all external paraphernalia.
c)      Athletic fields 150 yards in length by 80 yards in width, or smaller with bleachers, walls, or buildings in excess of 50 feet in height on two or more sides above the landing surface, are defined as stadiums and constitute Level II landing areas.
4) Stadium. A Level II landing area smaller than 150 yards in length by 80 yards in width and bounded on two or more sides by bleachers, walls, or buildings in excess of 50 feet high.
5) Other Landing Area Considerations.
a)      A landing area that exceeds the maximum dimensions of a Level I landing area, permits a parachutist to drift over a congested area or open air assembly with a fully deployed and properly functioning parachute (if the parachutist is at sufficient altitude to avoid creating a hazard to persons and property on the ground), and that has no other safety concerns would likely not require a certificate of authorization as required by § 105.21.
b)      Any parachute jumping demonstration planned in conjunction with a public aviation event will require a certificate of authorization with appropriate special provisions as required by § 105.21 even if the landing area exceeds the maximum dimensions for a Level I area. A parachute jumping demonstration planned in conjunction with a public aviation event is one that takes place any time after the first spectator arrives for the event that day.

F.      Tandem Jump Demonstrations.

1) Tandem jumps will only be authorized in open field and Level I landing areas.
2) The tandem jump master must be approved by the USPA to conduct tandem jumps.
3) The passenger (or “rider”) requires no previous jump experience or license.

G.    Alternate Landings Areas. Regardless of the parachutists’ experience, “runoffs” or escape areas must be identified.

H.    Cutaway Acts. Cutaways may not be performed if cutaway equipment will drift into the spectator area.

3-151      AIR RACES.

A.     Cross‑country Air Races. Cross‑country air races are normally proficiency type races and do not require waivers other than for altitude and speed at checkpoints along the route. This will require some coordination with the air traffic facility that services that airspace. See Volume 3, Chapter 7, Issue a Certificate of Waiver or Authorization: 14 CFR Part 91, Section 91.119(b) and/or (c) (Minimum Safe Altitudes), for assistance and guidance in issuing a waiver for § 91.119. Airspeed may be waived IAW this chapter similar to military flybys described in subparagraph 3‑148K.

B.     Closed‑course Air Races. Due to the complexity of the two types of closed‑course pylon air racing courses (e.g., Reno type and Red Bull type), all air racing courses must be submitted to AFS‑800, the national air show coordinator, for approval before a waiver can be issued by the FSDO having jurisdiction. The formulas found in subparagraphs 3‑151G and H should help the applicant design the race course for submission.

NOTE: NOTE: Both demonstration and competitive events are normally conducted over a fixed, short‑distance race course, usually located on or adjacent to an airport. It is the sponsor’s responsibility to design the course so that hazards to spectators and other persons on the surface are prevented. Only persons and vehicles authorized by the participating race organization will be permitted beyond the crowd line during racing operations.

1) Authorized persons may include press, aircraft support crews, judges, and officials at the start line.
2) Authorized persons must clear the runway and move back to at least the runway “hold short” line 1 minute before the launch for standing starts. No one will be permitted in front of the first row of aircraft after this time except the starter flag team.
3) Pylon crews, press, and vehicles, except the home pylon flag crews, will remain inside the pylon course during races in designated areas. Race timing teams are permitted in the area between the crowd line and the show line during racing.
4) Non‑competitive demonstration races should be handled like a competitive event, including a determination of pilot competency. Demonstration races should be choreographed from takeoff to landing. New classes of racing aircraft must be found competent by a similar existing air racing organization.

C.     Participants. A fundamental principle of closed‑course air race safety, including demonstration events, is that all of the participants need to be associated with an organization that is dedicated to the sport. Race pilots must possess a current race pilot authorization in the class in which that pilot is racing (issued within the previous 12 months). The race pilot authorization must have been issued by an organization or person given issuing authority by the FAA. The structure and existence of a credible air racing organization provides an internal level of safety that would not otherwise exist. It is recommended that the IIC determine the following before issuing a waiver for an event that includes closed‑course air races:

1) Determine whether the air race course has AFS‑800 approval.
2) Determine whether the participants are qualified by holding air race pilot authorization for the class in which they are participating.
3) Obtain statements from the organization regarding the air racing currency of each airman.
4) Determine whether the organization has established safety operating rules.
5) Inform the regional and national air show coordinators when an air race application is received.

D.    Air Racing Organizations. If AFS‑800 determines that an air race organization has a credible program, policies, and procedures for determining air racing pilot competence, that organization will be given authorization to issue race pilot certificates. The current contact for each air race organization can be found at http://intranet.faa.gov/‌FAAEmployees/‌org/‌linebusiness/‌avs/‌offices/‌afs/‌programs/air shows. The organizations are normally listed by class, such as the following:

·        International Formula One,

·        Unlimited Division,

·        AT‑6/SNJ Racing Association, Inc.,

·        Formula V Air Racing Association,

·        Professional Race Pilots Assn. (Biplane),

·        Sport Class, and

·        Jet Class.

E.     Typical Race Courses. A diagram of a typical air race site is shown in Figure 3‑38. A diagram of a typical unlimited race course is shown in Figure 3‑39. Two examples of suitable air race site diagrams are shown in Figure 3‑40. The method of determining the various distances used is discussed in the following paragraphs.

F.      Race Course Design. A satisfactory pylon air race course design involves the shape of the course and its relationship to the area around the course, especially the spectator areas. Both of these factors depend upon the maximum speed of the racing aircraft and the maximum “g” loading (acceleration forces) that the aircraft are expected to encounter when flying the race course in a normal manner. The maximum height at which the aircraft are expected to fly during the race is also a factor.

G.    Race Course Speeds.

1) The following are typical speeds for each racing class:

·        Formula V: 160 miles per hour (mph),

·        Sport Biplane: 210 mph,

·        AT‑6/SNJ: 225 mph,

·        International Formula One: 250 mph,

·        Sport Class: 300 mph, and

·        Unlimited and jet classes: 450 mph and higher.

2) As additional classes become active, they will be added to this list with appropriate speeds specified.
3) The maximum “g” loading for a race aircraft flying the course in a normal manner has been set at 3.5 “g’s.” In actual racing, where maneuvering and turbulence is encountered, momentary “g” loadings in excess of this figure can be expected.
4) The speed and “g” loadings permit the calculation of the minimum radius turn that should be permitted in the design of the race course. The formula for the turn radius for a given “g” loading and speed is shown below. (Using a value of 3.5 for “g,” the minimum turn radius is shown for each racing class below.)

Minimum Turn Radius Formula

Minimum Turn Radius Formula.
R equals V squared divided by (32.2 times the square root of g squared minus 1)

R = Minimum turn radius (feet)

V = Aircraft speed in ft/sec or V = knots × 1.689

32.2 = Acceleration force of gravity (ft/sec2)

g = “g” force in turn

5) The angle of a turn (the change in course required to negotiate the turn) should be planned to avoid forcing a race aircraft to make the turn too sharply. A maximum turn angle that does not exceed 65 degrees has been found to be satisfactory.

H.    Race Course Show Line. During the race, aircraft occupy a raceway around the race course. The edge of this raceway closest to the spectator area is the show line, over which no aircraft is permitted to cross while racing.

1) The raceway width may vary from 150 feet to 500 feet in the various racing classes so that the aircraft may pass one another. The critical requirement is that no racing aircraft is permitted to cross over the show line during the race.
2) The minimum turn radius, the maximum turn angle, and the raceway width define the limits of a satisfactory race course. The race course relationship to the spectator areas or other populated area must also be defined. All racing classes require a distance of 500 feet between the primary spectator area and the show line.
3) An additional safety area is required to ensure that spectators are protected in the event that debris leaves a race aircraft. Should this occur while the aircraft is in a turn, the debris will follow a path tangential to the turn from the moment it departs the aircraft.
a)      The theoretical straight‑line distance to a point on the ground that the debris will follow (ignoring air resistance) depends upon aircraft speed and altitude. This distance is the scatter distance. A maximum racing altitude of 250 feet is acceptable for aircraft weighing in excess of 1,000 lb (presently, the AT‑6/SNJ and the Unlimited class). A maximum racing altitude of 150 feet is acceptable for aircraft weighing 1,000 lb or less (presently the International Formula One, Sport Biplane, and Formula V classes). The scatter distance formula for each racing class is shown below.

Scatter Distance Formula

Scatter Distance Formula:
S equals V times the square root of ((2 times A) divided by 32.2)

S = Scatter distance (feet)

V = Aircraft speed in ft/sec (V = knots × 1.689)

A = Maximum aircraft altitude (AGL) (150 or 250 feet)

32.2 = Acceleration of gravity (ft/sec2)

b)      The theoretical location of all possible debris impact points from an aircraft in a turn is a circle whose radius is the square root of the sums of the squares of the turn radius and the scatter distance. This radius is the scatter radius.

Scatter Radius Formula

Scatter Radius Formula.
Sr equals the square root of (R squared plus S squared)

Sr = Scatter radius (feet)

R = Turn radius (feet)

S = Scatter distance (feet)

c)      To provide an acceptable margin of safety, the difference between the turn radius and the scatter radius is multiplied by a safety factor of 1.5 and added to the turn radius to define the safety radius.

Safety Radius Formula

Sfr = R + 1.5 × (Sr ‑ R)

Sfr = Safety radius (feet)

Sr = Scatter radius (feet)

R = Turn radius (feet)

4) The critical turn with respect to the safety radius is the turn that enters the portion of the race closest to the spectators. The safety area is constructed as follows:
a)      Bisect the course change angle for the critical turn;
b)      Mark off the minimum turn radius for the class of aircraft racing, as shown in figure 3‑38, from the pylon position to a point on the angle bisector; and
c)      Draw an arc, whose radius is the safety radius, from the point described in subparagraph 3‑151H.3)c) above. No spectators can be within this arc (Figure 3‑38).
5) In some cases, it may be expedient to design the race course around the spectator area. While spectator area‑to‑show line distances are unchanged, the safety zone is now outside the spectator area and is no longer a factor. Roads to this kind of a race course layout must be completely closed off to the spectator area during the race.
6) Race courses are normally flown in a counterclockwise direction (left turns). Problem sites may require flying the course in a clockwise direction (right turns). Other modifications of the race course, such as changing the angular relationship of the spectator line to move the crowd away from a turn pylon, or lengthening the race course to move the turn pylon away from the crowd, may also be necessary.

3-152      BALLOON MEETS AND COMPETITIONS.

A.     Balloon Meets. Routine balloon ascensions can usually be conducted IAW the provisions of part 91, and no waiver is required. However, balloon competitions will likely require a certificate of waiver or authorization with appropriate special provisions to maintain the safety of the nonparticipating public.

B.     Balloon Operations. Flight competitions by manned balloons often involve operations at horizontal and vertical distances less than those required by part 91, § 91.119(b) and (c). Operations at these altitudes are necessary to take advantage of varying wind conditions at different altitudes that are the balloonist’s only means of directional control. These operations are acceptable when appropriate limitations are developed to ensure public safety and the safety of the participants.

C.     Public Safety. Ballooning has grown significantly in recent years, and competitive tasks have been refined and standardized. The FAA’s concern is that every effort is made to ensure public safety. The intent of § 91.119 should never be compromised when issuing waivers and developing special provisions.

1)      Target areas must be under the control of event officials. The use of portable bull horns or public address systems provides an adequate means for crowd control, or for directing balloonists away from the target area in an emergency. Balloon landings are not normally permitted closer than 1,500 feet from the target or goal, although event officials may allow a reduction of this distance to 500 feet for safety considerations. Only balloon recovery ground support crewmembers and authorized event officials can be present at the landing site.
2)      The relatively slow speed of balloons allows spectators to move from harm more easily than at an air show where fast moving aircraft are performing. Accordingly, the designated spectator area can be minimized to a 200‑foot radius away from the designated balloon goal/target. IICs should ensure that the sponsors assure spectators remain clear of the goal/target area during balloon meets or competitions.

D.                Balloon Competition Event Waivers. To be found eligible for a waiver of § 91.119(b) and (c), the applicant must prepare and maintain an organized manned balloon competition manual that has been found ACCEPTABLE by the jurisdictional FSDO. The contents of the manual are the basis for issuance of the waiver. The applicant and the participants must comply with the balloon manual contents and requirements. No operations can be conducted under a waiver except while in VFR conditions during the period from sunrise to sunset, as specified in § 91.155.

1)      Event organizers should be asked to submit a set of competition rules when applying for a waiver. Although this is not a regulatory requirement, it should be encouraged for the sake of conformity and safety. These competition rules should generally conform to a recognized industry standard, such as those developed by the Balloon Federation of America (BFA) for events sanctioned by the BFA Competition Division.
2)      A waiver of § 91.119(b) and (c) for organized balloon competitions can be issued based on submission of an application containing the proposed operations and contents of the organized manned balloon competition manual. (See subparagraph 3‑152E below.)
3)      Section 91.119(b) and (c) should be waived only to the extent necessary to accommodate the event while allowing an acceptable level of safety. Evaluation of the site by the IIC determines the actual separation distances for a specific event; however, the following minimum distances and special provisions MUST be observed.
a)      Section 91.119(b) may be waived to allow flight over a congested area at an altitude of no less than 500 feet above the highest obstacle within a 500‑foot horizontal radius of the balloon. This section of the regulation may only be waived within a specified maximum distance from designated launch sites and/or target areas. This designated area will be determined by the event organizer and the FAA; this area must also be clearly delineated in the event organizer’s manual before the event. (A scaled map, drawing, and/or aerial photographs should be in the event organizer’s manual before the event.) The designated area should be the minimum area necessary to accommodate the event, and the area should be consistent with the event organizer’s ability to control operations. A waiver of § 91.119(b) should not be issued if the target area is so small that a normal descent (200 to 300 feet per minute) cannot be made.
b)      Section 91.119(b) may be waived to allow flight above, but not less than 75 feet from, any open‑air assembly of persons (designated spectator area) under the direct control of the event organizer.
c)      Section 91.119(c) may be waived to allow flight over open water or sparsely populated areas, no closer than 200 feet horizontally to any person, vessel, vehicle, or structure.

E.     Organized Manned Balloon Competition Manual. The following is a list of the minimum required topics that must be addressed in the competition manual for a balloon event. Other information may also be included (see Figure 3‑41).

1) Responsibilities and Procedures:

·        Duties of personnel,

·        Registration and airworthiness determinations,

·        Pilot qualifications,

·        Pilot/crewmember briefing responsibilities,

·        Copy of letter(s) of agreement, and

·        Event flight crewmember qualifications, experience, and maximum numbers onboard each balloon for each type of event.

2) Ground Operations:

·        Clear areas,

·        Spectator areas (designated primary and potential secondary areas),

·        Crowd control requirements, and

·        Landowner relations/notification.

3) Flight operations:

·        Areas of operations,

·        Types of operations,

·        Altitudes,

·        Weather requirements,

·        Communications requirements, and

·        Air traffic coordination.

4) The organized manned balloon competition manual must incorporate § 91.119(b) and (c) limitations as appropriate to the event in a form and manner acceptable to the FAA and the event organizer. The event organizer should describe in the manual as clearly as possible the manner of operations that are needed to comply with the event waiver.
5) The organized manned balloon competition manual must include a list and description of all events, tasks, and races to be included in the waiver.

F.      Personnel. The organized manned balloon competition manual must contain the names of the following personnel who are responsible for the event:

·        Flight director (event director),

·        Person responsible for establishing and maintaining crowd control,

·        Event organizer’s FAA liaison, and

·        Persons responsible for obtaining weather data and conducting the pre‑event pilot and event flight crewmember briefings.

G.    Letters of Agreement. In addition to the organized manned balloon competition manual, a letter of agreement clearly detailing all responsibilities may provide an excellent means of control. In the manual, the event organizer outlines the responsibilities assumed, such as crowd control, notification, communication, and briefing of participating pilots and event flight crewmembers. ATC identifies the services they provide, such as up‑to‑date weather, a portable tower, or direct communication line with the tower. The FSDO identifies the necessary aircraft and airman certification qualifications and site inspection requirements through the waiver process.

H.    Balloon Event Flight Crewmembers. Only pilot and event flight crewmembers, as described in the organized manned balloon competition manual, may be carried onboard any balloon operating under the waiver issued to the event organizer.

1)      Event flight crewmembers will be restricted to the minimum number required for the type of event as specified in the organized manned balloon competition manual. Event flight crewmembers should be kept to a minimum for competitive events.
2)      All event flight crewmembers must have received appropriate training concerning their duties relative to the event, and must attend the event pilot and flight crewmember briefing before each event. These crewmembers must sign a statement that they have been briefed and that they are designated event flight crewmembers for the purpose of the specific event for which the waiver was granted.
3)      The PIC of each balloon is responsible for obtaining the signed statements on a form furnished by the event organizer. This form will be maintained by the PIC during the event, and returned to the event organizer and made available to the FAA upon request.
4)      Balloon event flight crewmembers are differentiated from ground support launch and recovery crewmembers.

I.       Maximum Wind Speed. The maximum wind speed for launch and at the target zones is mutually determined by the event organizer/flight director and the FAA. These limitations will be placed in the operations manual. The maximum wind speed limitations should be determined after considering the local terrain conditions and the competency of the participating airmen and the limitations of the aircraft. If a balloon does not have an FAA‑approved flight manual, operating limitations can be found on the type certificate data sheet (TCDS). The actual means of determining the wind speed must be mutually agreeable to the FAA and the event organizer. The IIC and/or the event organizer/flight director may wish to consider moving the designated spectator area barriers if the wind speed is excessive.

J.      Types of Competitive Tasks. Competitive tasks are exercises in navigation using changes in wind direction. The winner of a task is the balloonist who can best take advantage of changes in wind direction by ascending and descending. Event organizers generally engage launch directors to control staggered launch times and ensure safety for multiple launches. The following are some typical balloon competitive tasks, based on information provided by the BFA. See Figure 3‑41 for detailed descriptions of the tasks.

·        Pilot declared goal (PDG),

·        Judge declared goal (JDG),

·        Multiple judge declared goal (MJDG),

·        Elbow (ELBO),

·        Hare and hound (HNH),

·        Convergent navigational task (CNT),

·        Fly on task (FOT),

·        Gordon Bennett memorial (GBM),

·        Watership down, and

·        Key grab.

3-153      EVENT MANAGEMENT.

A.     Management Organization.

1) The event organizer of an aviation event may be an individual, a group of individuals, or an organization that will designate a responsible person to act on all matters pertaining to an FAA‑issued certificate of waiver or authorization.
2) The responsible person of an aviation event has the overall responsibility for the conduct of the air show in a safe manner and IAW the conditions contained in FAA Form 7711‑1, issued for the air show.
3) The IIC should work closely with the responsible person to develop normal and emergency plans, briefings, and checklists.

B.     Briefing (See Figure 3‑42). The importance of the participant briefing to the safe and successful conduct of a special aviation event cannot be overemphasized. At a safety briefing all aspects of the flying, ground, and emergency procedures of the proposed air show should be reviewed. The briefing should be conducted in such a way that each of the performers and air show personnel in charge of the air, ground, and emergency operations leaves the briefing with a clear understanding of their responsibilities and procedures to be followed in normal or emergency situations that may occur during the course of the aviation event.

1) The requirements for a briefing held at an aviation event are as follows:
a)      A briefing is conducted before the beginning of an aviation event;
b)      A briefing is carried out in an area as free of noise and other distractions as possible, and attendance must be limited to flightcrews, flightcrew support staff, parachutists, ground performers such as pyrotechnic teams, public announcers, key event personnel, and other concerned event personnel;
c)      Each participant’s attendance at a briefing is verified by roll call or otherwise, and a record retained for submission to the IIC, if requested;
d)      Performers who are not briefed are not permitted to participate in the aviation event covered in the briefing;
e)      For team performances, only the team leader is required; however, the team leader may be represented by a delegate, provided the person is a pilot member of the team;
f)        For an aircraft that is to be launched from a remote airfield, the briefing may be given to the aircraft’s pilot by telephone; and
g)      The briefing is conducted at a time as close to the performance time as practicable.
2) The briefing must cover the following points, at a minimum:
a)      Key aviation event personnel (to include essential and event organizer personnel) are introduced and the means of communication with them is described.
b)      Weather¾the briefing should be given by a meteorologist if one is available, but may be given by a flight specialist or experienced pilot. The briefing need only cover aspects of the weather that are significant to the conduct of the aviation event such as the altimeter setting, cloud cover or ceiling, visibility, winds and temperature, density altitude, and other weather data forecast for the period of the event. If a low ceiling program (marginal weather) has been approved, the weather minima and a “low show” program must be briefed. If § 91.155 (cloud clearance) is waived, this must be briefed.
c)      The airport airspace details, such as position, dimensions, height above MSL, the airspace IAW the NOTAM and/or any TFRs issued for the aviation event, local obstructions, warnings, and other pertinent information.
d)      The method of coordinating air traffic, including type of coordination, such as positive control by ATS, advisory by flight service station (FSS), or other. This aspect of the briefing must include air show frequencies and assigned radio call signs, if necessary. The method(s) of suspending the performance or recalling a performer by both radio and visual signals must be described.
e)      The aviation event site, including the position of the primary spectator areas, secondary spectator areas, show lines, show center, air show demonstration area, hazards, direction of entry/exit lanes, holding areas, and alternate airports using aerial photographs, maps, scale diagrams, or other means of depiction.
f)        The performance schedule, including startup, taxi, takeoff, show routine and landing timings. Participants, if required, are to note their onstage and offstage timings if required. Performers should be aware of the position of the act they follow and location for the start of their performance. During this portion of the briefing, other programmed flying events before, during, or after the air show portion itself, such as balloons, parachutists, flybys, and similar aerial displays, must be covered.
g)      Wake turbulence can be a factor at any air show where there is a mix of participants and should be addressed in preparing the flight program and mentioned at the briefing as a precaution to participants.
h)      The fire fighting and emergency services equipment available, including their location and the access routes to be kept clear, must be discussed.
i)        Pyrotechnic briefing, IAW subparagraph 3‑147S. The pyro briefing card must be used by the SIC. (Figure 3‑37).
j)        Identification and location of all participating aircraft equipped with operable ejection seats, jettisoned fuel tanks, or ballistic parachute systems.
k)      Time check¾to ensure all participants are using the same time for air show coordination.
l)        The flight operations director or other person responsible for flight operations ensures that each performer understands the applicable special provisions with respect to individual low‑level authorizations contained in the certificate of waiver issued for the air show.
m)    Any other subjects as necessary.

NOTE: NOTE: Examples of other subjects that have been included in briefings are medical factors affecting pilot performance (e.g., over‑the‑counter medication, pilot fatigue, heat stress), and factors affecting orientation of flight (e.g., over water or unusual terrain). It is suggested that, at the briefing on the final day of an air show, a “Departure Briefing” be included to advise participants of air traffic control procedures, etc., to be followed on leaving the air show site. Pilots should be reminded that their departures are to be normal and that no “ad hoc” demonstrations are to take place during their departures.

3-154      WEATHER CONDITIONS.

A.     Day.

1) Flight demonstrations will not be conducted unless the ceiling is at least 1,500 feet, and the visibility is at least 3 statute miles at the time of the demonstration.
2) Except for North American military performers, aerobatic maneuvers conducted by Category III aircraft during flight demonstrations will not be conducted unless the ceiling is at least 1,500 feet, and the visibility is at least 3 statute miles at the time of the demonstration.
3) The FAA monitor may adjust the minimum ceiling and visibility requirements at his or her discretion, but no less than 1,000 feet and 3 statute miles if:
a)      Except for North American military performers, aerobatic maneuvers are conducted by Category III aircraft only within an operations area having a diameter of no more than 2 statute miles; and
b)      To the surface as a result of the reduced weather conditions.
4) Originally scheduled aerobatic maneuvers are not modified or conducted in close proximity to the surface as a result of the reduced weather conditions.
5) The FAA monitor may specify a higher ceiling minimum and a higher visibility minimum where justified by the presence of surrounding terrain or other local condition.
6) Flight demonstrations may be conducted “clear of cloud” when the requirements have been met to waive § 91.155, cloud clearance requirements.

B.     Night. The minimum weather conditions at night require a cloud base no lower than 2,500 feet and 3 statute miles visibility.

C.     Military. Military participants must comply with minimum weather requirements established in the command‑approved maneuvers package, except when the minimum weather requirements are less restrictive than the policy established in this order.

3-155      SPECIAL PROVISIONS. Special provisions are conditions, requirements, or limitations necessary to protect nonparticipating persons, property on the surface, and other users of the national airspace system. Each certificate of waiver or authorization must include special provisions as determined by the issuing FSDO.

A.     Applicability. Many safety provisions are general in nature and are applicable to most aviation events. Other provisions may apply only to certain types of events. Provisions that appear on the waiver or authorization should be restricted to protective measures, controls, or requirements that are not otherwise specified by the regulations. Regulatory requirements that are not waived should not be included as special provisions. Waiver provisions never supersede aircraft airworthiness operating limitations.

B.     Ensuring Safety. The special provisions ensure that the event can be conducted without an adverse effect on safety. Every waiver/authorization must contain special provisions to ensure an equivalent level of safety with the rules that are waived for the nonparticipating public and nonparticipating air traffic.

C.     Use of Special Provisions. Some events require extensive and highly detailed special provisions, whereas the special provisions for other events can be less detailed. In addition to variation among events, local conditions may have a significant impact on the necessary special provisions.

1) Special provisions may pertain to associated protective measures and control requirements that may not be specifically covered by the regulations. In addition, it may be necessary to increase one regulatory minimum in order to authorize safe deviation from another. For example, in order to permit aerobatic flight in Class D airspace, it might be necessary to increase the minimum visibility requirement to 5 miles or some other appropriate value.
2) When applicable, IICs should insert the name of the responsible person, found in item 2 of the application, into the text of the special provisions to indicate the holder of the certificate of waiver or authorization.
3) The provisions should be typed with as little editorial change as possible onto the certificate of waiver or authorization form or on attached pages. Only include applicable special provisions. Numbers and language can be inserted or changed to suit each event only when necessary, appropriate, and IAW the guidance in this handbook. Editorial comments enclosed in square brackets, [ ], should not be included on the certificate.

D.    Examples of Common Special Provisions. The list of special provisions are found on the Internet at: http://www.faa.gov/‌safety/‌programs_initiatives/‌aircraft_aviation/‌air shows/‌waiver/.

3-156      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of regulatory requirements in part 91 and FAA policies and qualification as an ASI (Operations).

1) The inspector assigned this task is also responsible for the surveillance of the aviation event. (See vol. 6, ch. 11, sec. 10, paragraph 6‑2371.)
2) The inspector assigned this task and the subsequent surveillance must have completed on‑the‑job training (OJT) and participated in issuing a certificate of waiver and the surveillance of three aviation events with an inspector qualified in this task.
3) For an aviation event at which a military demonstration team performs, the inspector must have satisfactorily completed OJT (including participation in the feasibility study, the preseason evaluation meeting, waiver preparation, and air show surveillance) at an event that includes a military demonstration aerobatic team.

B.     Coordination. This task requires prior coordination with the appropriate air traffic facility and the airworthiness unit.

3-157      REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions).

·        14 CFR parts 1, 61, 91, 103, 105, 133 and 139.

·        AC 91‑45, Waivers: Aviation Events.

·        AC 103‑7, The Ultralight Vehicle.

·        AC 105‑2, Sport Parachute Jumping.

B.                 Forms.

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑28).

·        FAA Form 7711‑2, Certificate of Waiver or Authorization Application (Figure 3‑27).

·        FAA Form 8710‑7, Statement of Acrobatic Competency (Figure 3‑29).

·        Transport Canada Form 26‑0307, Statement of Aerobatic Competence (Figure 3‑30).

C.                 Job Aids.

·        Sample letters and figures.

·        Job Task Analysis (JTA): 2.5.14, 4.7.2.

3-158      GENERAL PROCEDURES.

A.     Determine if a Waiver or Authorization Is Required. If the event cannot take place in compliance with the regulations, a waiver is required.

1) If a waiver or authorization is not required, no further action is required with this task.
2) DD Form 2535, section IV, should be completed and signed if requested by an event sponsor. These forms are required for vehicle and static displays, as well as for military flight demonstrations and flybys.

NOTE: NOTE: DD Form 2535 can be found by going to one of the FAA air show sites and selecting one of the DOD teams. The team names are hyperlinked to the team Web sites from which you can view, print, or download this form.

3) If a waiver or authorization is required, brief the applicant on preparing FAA Form 7711‑2.

B.     PTRS. Open PTRS File. The PTRS number is 1220 when opened for a jump authorization, 1230 if opened for the purpose of issuing a waiver, and 1231 for just completing the FAA portion of a DD Form 2535.

C.     Brief Applicant.

1) Advise applicant on the procedures to prepare FAA Form 7711‑2.
2) Advise the applicant on the procedures to obtain AC 91‑45, AC 103‑7 (if applicable), and AC 105‑2.
3) Provide applicant with FAA Form 7711‑2 (Figure 3‑27).

3-159      ADDITIONAL PROCEDURES FOR MILITARY APPLICANTS. In addition to the procedures in paragraph 3‑158 and paragraph 3‑160, conduct the following procedures for military applicants.

A.     Determine if a Feasibility Study is Required. An FAA feasibility study is required when:

1) A DOD aerial demonstration team (Thunderbirds or Blue Angels) or a DOD‑sanctioned parachute team (Golden Knights) is participating in an event that requires a certificate of waiver or authorization; or
2) Military participation (flyby) at civic events, funerals, etc., is requested.

B.                 Conduct Feasibility Study.

1) Determine if an onsite inspection is required. An onsite inspection is required when:
a)      The inspector is unfamiliar with the area of the scheduled event;
b)      It has been more than 1 year since the last onsite inspection;
c)      There has not been a show or flyby there before; and/or
d)      There may be new construction or other unique environmental changes near the site.
2) If an onsite inspection is required, review the documents submitted with the request for FAA completion of DD Form 2535, section IV. The documents that must be submitted by the event organizer are:
a)      Templates of the proposed maneuvers overlay for the proposed site (the maneuvers package for the current year should be used to evaluate the site);
b)      Current 7.5‑minute series Topographic Quadrangle Map published by the USGS (scale 1:24,000) for the area; and/or
c)      Current aerial photographs of the required airspace for the event, as necessary, to conduct the feasibility study.
3) The inspector will determine the following for an aerial demonstration:
a)      If the operating area is large enough to contain the aerobatic maneuvers;
b)      Whether proposed egress and ingress routes adversely impact safety; and
c)      Whether a wavier of § 91.119(b) and (c) is necessary.
4) The inspector will determine for a military flyby:
a)      If the operating area is appropriate to conduct a flyby at 1,000 feet above the highest obstacle, and 2,000 feet laterally of an obstruction;
b)      If it can be conducted IAW part 91 without a waiver.
c)      Whether proposed egress and ingress routes adversely impact safety; and
d)      Whether the airspeed is appropriate for the airspace in which the flyby will be conducted.

C.     Complete Applicable Section of DD Form 2535, Request for Military Aerial Support.

1) Fill in the appropriate FAA blocks on the form, with special emphasis on block 17;
a)      For an aerial demonstration, select one of these three classifications:

1.      Satisfactory classification. A waiver can be issued following compliance with standard requirements of this chapter.

2.      Conditional‑satisfactory classification (most common). The remarks section specifies specific conditions that must be met, such as closing roads, evacuating buildings, compliance with a crowd control plan, and minimum altitudes on ingress and egress routes.

3.      Unsatisfactory classification. The requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.

b)      For a military flyby, select one of these two classifications:

1.      Conditional‑satisfactory classification (most common). The remarks section specifies certain conditions that must be met:

·        A briefing between the PIC and ASI must be conducted before the flyby;

·        Compliance with part 91 is required; and

·        An authorization and agreement of the conditions from the commanding officer must be submitted to the ASI.

2.      Unsatisfactory classification. Requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.

c)      The ASI must ensure the information in the remarks section of DD Form 2535 is coordinated with the commanding officer authorizing the aerial demonstration or military flyby.
d)      Sign the form.
e)      Retain a copy of DD Form 2535 for the office file. Return the original to the show sponsor.

D.    Preseason Evaluation Meeting. Attend the preseason evaluation meeting for those events at which the U.S. Air Force Thunderbirds or the U.S. Navy Blue Angels participate. At this meeting, the inspector should discuss the following:

·        Proposed special provisions of the certificate of waiver or authorization,

·        DD Form 2535,

·        Onsite evaluation,

·        Conditional‑satisfactory requirements,

·        Safety concerns unique to the site,

·        Past events, if appropriate,

·        Review of request for a waiver to § 91.119(b) or (c) and submitted supporting documents, and

·        Proposed egress and ingress routes and requests for flight along those routes below 500 feet AGL that will require FAA approval.

3-160      GENERAL PROCEDURES CONTINUED.

A.     Evaluate FAA Form 7711‑2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711‑2 for all pertinent information and supporting documents for the proposed aviation event. Accept strikeovers that are minor in nature and initialed by the applicant. Items 9 through 14 apply to air show waiver requests only.

1) Items 1 and 2—Name of Organization and Responsible Person. Ensure that the applicant has indicated the name of the organization or the individual applying and the name of the responsible person.
2) Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or the individual named in item 1.
3) Item 4—Section and Number To Be Waived. Ensure that the applicant has listed all sections of the regulations to be waived.
4) Item 5—Description of Proposed Operation. Determine if the applicant has correctly indicated the type of aviation event.
5) Item 6—Area of Operation. Ensure that the applicant has listed the specific locations and the lateral and vertical limits of the aerial demonstrations.
6) Item 7—Beginning Date and Hour and Ending Date and Hour. Check for a beginning date and time, and an ending date and time for the aviation event.
7) Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home addresses. Ensure that parachutist names, license class, and addresses are included. Item 8 may be accepted with a statement, “A list containing aircraft and pilot information (and/or parachutist information) will be furnished on [applicant enters a specific date and time]”.
8) Items 9 and 10—Event Organizer. Ensure that the applicant has indicated the event organizer (organization or individual) of the aviation event and the event organizer’s address.
9) Item 11—Policing. Ensure that the applicant has described provisions for policing the event.
10)         Item 12—Emergency Facilities. Ensure that the applicant marked all items that will be available at the time and place of the event.
11)         Item 13—Air Traffic Control. Ensure that the applicant has described the method of controlling air traffic, including the arrival and departure of aircraft, requested TFR IAW § 91.145, as applicable, and has coordinated with the appropriate FAA ATC.
12)         Item 14—Schedule of Events. Ensure that the applicant has listed all events and dates and times. Item 14 may be accepted with a statement “A schedule of event will be furnished on [applicant enters a specific date and time].”
13)         Item 15—Certification. Ensure that the applicant has signed and dated the application.

B.     Determine if Application Is Complete.

1) Application Incomplete or Inaccurate. If the application is incomplete or inaccurate, complete the FAA Action block on FAA Form 7711‑2 by marking “Disapproved.” Write the reason for disapproval in the Remarks section. Return the application to the applicant.
2) Application Complete. If all pertinent information and supporting documents have been submitted with the application and the application is complete and correct, evaluate the proposed operation.

C.     Evaluate Proposed Operation. Use the application information and the items listed below to determine if the proposed operation can be accomplished without an adverse effect on safety:

1) Review, if applicable, previous certificates of waiver or authorization issued for aviation events at the same location.
2) Coordinate the use of controlled airspace with the appropriate air traffic facility as soon as possible. Include any limitations or special conditions considered necessary by the Air Traffic Service as part of the certificate of waiver or authorization.
3) Using the list of participating aircraft, verify that the required documents have been completed by the airworthiness unit.
4) Using the list of participating aircraft and Table 3‑1, determine the required show line distance.
5) Accompanied by the applicant, conduct an onsite visit to sites used for the first time and to sites unfamiliar to the inspector.
a)      Clarify or confirm information submitted with the application.
b)      Verify the distances and the location of the show and reference lines.
6) Verify that NOTAM has been issued and is appropriate.
a)      A copy of the published NOTAM should be attached to the waiver.
b)      The NOTAM is briefed at the prebriefing for all participants.

D.    Review Waiver Requests for § 91.119. Determine if a waiver of § 91.119 is appropriate.

1) Waive § 91.119(b) and (c) only if the pilot will still be in compliance with § 91.119(a).
2) Waive § 91.119(b) and (c) only for nonaerobatic flight, while temporarily exiting or returning to the operating area. Use the standards discussed in section 1.
3) Waive § 91.119(c) only if unoccupied structures are involved, or to allow participating personnel, vehicles, or vessels to be positioned closer than 500 feet from the performing aircraft.
4) Waive § 91.119(b) and (c) for flight over structures, roads, vehicles, or vessels under the following conditions for the U.S. Air Force Thunderbirds, U.S. Navy Blue Angels, and Canadian Defense Forces Snowbirds:
a)      When the show line is generally aligned with a runway at an active airport;
b)      When ingress and egress transition of the operating area coincides with established approach or departure paths used for the designated runway;
c)      When aerobatic flight will not be conducted over any nonparticipating persons; and
d)      When nonaerobatic flight over nonparticipating persons is not closer than 500 feet but may be as low as 200 feet above unoccupied obstacles less than 500 feet laterally from ingress/egress route while flying within 3 nm from the show center.
5) Consult with the regional air show coordinator as necessary.

E.     Approve or Disapprove Waiver.

1) Waiver Disapproval. If the entire operation cannot be approved, complete the FAA Action block on FAA Form 7711‑2 and state the reasons for disapproval in the Remarks section of the form. Return the application form to the applicant.
2) Waiver Approval. If the entire operation can be approved, complete the FAA Action block on FAA Form 7711‑2 and develop the special provisions.

F.      Develop Special Provisions. Develop the list of special provisions appropriate to the aviation event using the information submitted with the application and the suggested special provisions in paragraph 3‑155.

G.    Issue Certificate of Waiver or Authorization.

1) Complete FAA Form 7711‑1, (Figure 3‑28) as follows:
a)      In the Title block, use “X’s” to mark out the inappropriate word.
b)      Enter the waiver holder’s and responsible person’s names and addresses as they appear in items 1 and 2 on the application.
c)      Include a brief summary of the aviation event in the Operations Authorized block. For aviation events involving aerobatic flight, clearly define the dimensions of the affected airspace. In the case of parachute demonstration jumps, use the following statement, “Parachute demonstrations are authorized IAW § 105.21.”
d)      Except for parachute demonstrations, include in the List of Waived Regulations and Title blocks each specific regulation waived by the FAA. Ensure that the listed regulations correspond to those on FAA Form 7711‑2 and conform to § 91.905. When many regulations are involved, list the specific rules on a separate sheet of paper and attach it to the certificate. Use the following statement, “A list of waived regulations is attached.”
e)      Place the total number of special provisions in the appropriate spaces in the Special Provisions block.

1.      Type and sequentially number the special provisions on the reverse side of FAA Form 7711‑1 or on separate pages.

2.      Use only the special provisions, which apply to the operations in the waiver or authorization application.

3.      Group the provisions by type of event, such as air show provisions or parachute demonstration jump provisions.

f)        Attach any additional pages to the certificate of waiver or authorization.
g)      When an aviation event is scheduled for multiple days, uses a separate sheet to list the dates and times the certificate is in effect, if needed. Use the following statement: “See attached page [insert appropriate page number] for dates and times.”
h)      Have the jurisdictional FSDO manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO sign FAA Form 7711‑1.
2) Attach to FAA Form 7711‑1 a copy of FAA Form 7711‑2 and its supporting documents.
3) Distribute FAA Forms 7711‑1 and 7711‑2 as follows:
a)      Place a copy of both forms in the FSDO file;
b)      Send a copy of FAA Form 7711‑1 to all affected air traffic facilities; and
c)      Return the original of both forms to the applicant.

H.    PTRS. Make the appropriate PTRS entry.

3-161      TASK COMPLETION. Completion of this task results in one of the following:

·        Issuance of a certificate of waiver

·        Issuance of a certificate of authorization

·        Denial of an application for a certificate of waiver or authorization

3-162      FUTURE ACTIVITIES.

·        Surveillance of an aviation event

·        Possible cancellation of the waiver or authorization as a result of noncompliance with its provisions

·        Consideration of a future application for waiver or authorization from the same or other applicants

RESERVED. Paragraphs 3‑163 through 3‑180.

Figure 3-24, Air show Fly Zones Relative to Airspace

Graphic depicts showline for Cat I; aerobatic boxes for Cat II and II; demonstration area; and primary and secondary spectator areas.

Figure 3-25, Category I Aircraft Flying Display Area Requiring Building Evacuation and Road Closure

Figure 3-26, Ingress and Egress.

Figure 3-27, Sample FAA Form 7711‑2, Certificate of Waiver or Authorization Application

Graphic depicts a completed sample of page 1 of FAA Form 7711-2, Certificate of Waiver or Authorization Application.

Depicts a completed sample of page 2 of FAA Form 7711-2, Certificate of Waiver or Authorization Application.

Figure 3-28, Sample FAA Form 7711‑1, Certificate of Waiver or Authorization

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

 

CERTIFICATE OF WAIVER OR AUTHORIZATION

ISSUED TO

HIGH ON KALAMAZOO, INC.

JOHN M. ELLIS

ADDRESS

5605 PORTAGE ROAD

KALAMAZOO, MICHIGAN 49002

This certificate is issued for the operations specifically described hereinafter. No person shall conduct any operation pursuant to the authority of this certificate except IAW the standard and special provisions contained in this certificate, and such other requirements of the Federal Aviation Regulations not specifically waived by this certificate.

OPERATIONS AUTHORIZED

AEROBATIC DEMONSTRATIONS AT THE KALAMAZOO COUNTY AIRPORT, KALAMAZOO, MICHIGAN, WITHIN A FIVE (5) NAUTICAL MILE RADIUS OF THE CENTER OF THE AIRPORT FROM THE SURFACE TO 15,000 MSL, EXCLUDING THE AIRSPACE ABOVE SPECTATORS OR CONGESTED AREAS.

 

PARACHUTE JUMPING AT THE KALAMAZOO COUNTY AIRPORT, KALAMAZOO, MICHIGAN, WITHIN A TWO (2) NAUTICAL MILE RADIUS OF THE CENTER OF THE AIRPORT FROM THE SURFACE TO 15,000 FEET MSL, JUMPS OVER OR ONTO CONGESTED AREAS OR OPEN AIR ASSEMBLY OF PERSONS ARE AUTHORIZED.

 

 

LIST OF WAIVED REGULATIONS BY SECTION AND TITLE

SEE ATTACHMENT A

STANDARD PROVISIONS

1.  A copy of the application made for this certificate shall be attached to and become a part hereof.

2.  This certificate shall be presented for inspection upon the request of any authorized representative of the Administrator of the Federal Aviation Administration, or of any State or municipal official charged with the duty of enforcing local laws or regulations.

3.  The holder of this certificate shall be responsible for the strict observance of the terms and provisions contained herein.

4.  This certificate is nontransferable.

NOTE:‑‑‑This certificate constitutes a waiver of those Federal rules or regulations specifically referred to above. It does not constitute a waiver of any State law or local ordinance.

SPECIAL PROVISIONS

 

1145EDT 06/09/2006         1600EDT 06/09/2006

This certificate is effective from 1245EDT 06/10&11/2006 to 1730EDT 06/10&11/2006, inclusive,

and is subject to cancellation at any time upon notice by the Administrator or his authorized representative.

 

 

Great Lakes

(Region)

 

April 10, 2006

(Date)

BY DIRECTION OF THE ADMINISTRATOR

 

/s/

(Signature)

 

Milwaukee FSDO Manager

(Title)

 

 

ATTACHMENT A

LIST OF WAIVED REGULATIONS BY SECTION AND TITLE

Section 91.107(a) (2) & (3) ¾ Seatbelts ¾ stunt persons only.

Section 91.117(a) & (b) ¾ Aircraft speed

Section 91.119(b) ¾ Minimum safe altitude, as appropriate

Section 91.119(c) ¾ Minimum safe altitude, as appropriate

Section 91.127 ¾ Operation on or in the vicinity of an airport

Section 91.129 ¾ Operations at airport with operating control towers.

Section 91.303 ¾ Definition of aerobatic flight

Section 91.303(c), (d), & (e) ¾ Aerobatic flight

Section 91.515(a) (1) ¾ Flight altitude rules

LIST OF AUTHORIZED OPERATIONS BY SECTION AND TITLE

Section 105.21 ¾ Parachute operations over or into congested areas or open‑air assembly of persons.

Section 105.25 ¾ Parachute operations in designated airspace.

Figure 3-29, U.S. Statement of Aerobatic Competency FAA Form 8710‑7

FRONT

 

BACK

 
Graphic depicting a sample completed FAA Form 8710-7, Statement of Acrobatic Competency.

Figure 3-30, Canadian Statement of Aerobatic Competency Transport Canada Form 26‑0307

Graphic showing sample completed Transport Canada Form 26-0307, Statement of Aerobatic Competency. 

Figure 3-31, Sample Endorsement for Increase Angle of Pitch and Bank

 “I have observed Mr. /Ms. [pilot’s full name]_____, Certificate Number _________________, execute maneuvers up to 90 degrees of pitch and bank and find him/her proficient and competent in those maneuvers in the following Make and Model of airplane: _______________. ”

This endorsement may be entered in the logbook or issued in the form of a letter. This endorsement may only be made by an FAA operations inspector, an ICAS aerobatic competence examiner or a designated pilot examiner authorized to administer a practical flight test in this make and model of airplane.

Figure 3-32, Sample FAA Aircraft and Status Inspection Form

AC M/M Nxxx (S/N xxx) Status as of xx/xx/xx

Inspection/Item Pending

Hours/Date Currently C/W:

Next Due / Frequency:

Aircraft Registration

Onboard

 

Aircraft Airworthiness or Experimental Certificate

Onboard

 

Operating Limitation (if required)

Onboard

 

Annual or Condition Inspection

1940.1 / 04/01/02

04/30/03 / every 12 months

100 Hour (If it differs from annual)

1940.1 / 04/01/02

04/30/03 / every 100 hrs/12 months

Static System Check

1946.6 / 07/03/02

07/31/04 / every 24 months

Altimeter Check

1946.6 / 07/03/02

07/31/04 / every 24 months

Transponder Check

1946.6 / 07/03/02

07/31/04 / every 24 months

Encoder Check

1946.6 / 07/03/02

07/31/04 / every 24 months

ELT System Check

1940.1 / 04/01/02

04/30/03 / every 12 months

ELT Battery

1918.9 / 01/27/01

03/31/05 / Replace when battery date is exceeded

ELT’s Remote Unit Battery

1875.2 / 04/25/97 (new)

03/31/05 / Replace every 8 years

AD Status

AD Pending

Description

Hours/Date Currently C/W:

Next Due / Frequency:

AD# 83‑13‑01

Fuel Cap Sealing

1940.1 / 04/01/02

04/30/03 / Every 12 Months

AD# 84‑10‑01‑R1

Water Contamination of Fuel System

1940.1 / 04/01/02

04/30/03 / Every 12 Months

AD# 87‑20‑03‑R2

Seat Rails

1940.1 / 04/01/02

04/30/03 / Every 12 Months

AD# 96‑12‑07

Magnetos (Right side, S/N 814059)

1552.6 / 02/10/87

2052.6 / Every 500 Hours

AD# 96‑12‑07

Magnetos (Left side, S/N 814052)

1941.0 / 06/25/02

2441 / Every 500 Hours

AD#

 

 

 

AD#

 

 

 

NOTE: Do not fly this aircraft past this date or tachometer time (whichever comes first) without having the required maintenance performed.

DATE:

Tachometer Time:

04/30/03

2018.9

I certify this information accurately represents the applicable information from this aircrafts maintenance records.

__________________________ James E. Fly Safely A&P 0000000012  Date _______________

I certify this aircraft and the aircraft records were inspected on this day and determined to be in an airworthy condition.

___________________________Andy E. Safety Inspector AGL‑03    Date_________________

Figure 3-33, Takeoff and Landing Area Minimums

A—Area A represents the runway or takeoff and landing area for powered parachute aircraft.

B—Area B represents the runway or takeoff and landing area for airplanes, gyroplanes and weight‑shift‑control aircraft with Vref of 60 KIAS or less and a certificated gross weight of 2,500 lb or less, including sail planes, ultralight vehicles, airplanes, and gyroplanes.

C—Area C represents the closest shoulder of the active runway should be at least 500 feet from the spectator area. If the distance is reduced to 500 feet to the center line, all Category I airplane takeoffs must be single file and on center line. There will be no Category I airplane formation takeoffs at the reduced distance even for the military demonstration teams.

Figure 3-34, Helicopter Takeoff and Landing Areas

Graphic depicting the takeoff and landing areas for helicopters in relation to the primary spectator area.

Figure 3-35, Nonaerobatic Maneuvers Toward the Primary Spectator Area by a Single Powered Aircraft With 300 Knots IAS or Less

Graphic showing relationship of flight line to the spectator area for maneuvers toward the spectator area by aircraft with 300 knots IAS or less.

Figure 3-36, Nonaerobatic Maneuvers Toward the Primary Spectator Area by a Single Powered Aircraft With 300 Knots IAS or Greater

(1) At no point in the maneuver shall the aircraft be directed at the spectators any closer than 3,000 feet; and

(2) The aircraft shall at no point cross the 1,500‑foot show line.

Figure 3-37, Pyro Briefing Checklist

(The following briefing issues must be discussed and deconflicted with all pilots during the general safety brief. Each item need only be covered by one person. Any general item covered by the briefer need not be covered by the pyro shooter in charge (PSIC).)

Item

Conducted by Briefer

Conducted by PSIC

 

Exact dimensions and location of the pyrotechnics area *

r

r

Magnitude of explosives being used*

r

r

Aircraft/pyro deconfliction plan*

r

r

Pyro crew and crash/fire/rescue positions

r

r

Communications frequency and procedure*

 

 

principal

r

r

secondary

r

r

discrete

r

r

Emergency procedures*

 

 

fire

r

r

accident/injury

r

r

Pyro sequence by act*

 

 

location

r

r

strafe direction(s)

r

r

Bomb direction(s)

r

r

Altitude and flyby lines*

r

r

Forecast winds and effects on pyro*

r

r

FOD potential and effects*

r

r

KIO (knock it off) procedures*

r

r

*NOTE: These items comply with, and are required by “Addition to AFI 11‑246 V1, ACC Sup 1.”

Signatures:

 

 

 

 

Briefer

 

PSIC

Figure 3-38, Typical Air Race Site

Graphic depicting the layout of a typical air race site.

Graphic depicting the layout of the safety radius of a typical air race site.

Figure 3-39, Typical Unlimited Race Course Site

Graphic showing optimum race path for unlimited class aircraft.

Figure 3-40, Sample Race Courses

3.0 MILE [5.0 KM] FORMULA ONE AIR RACE COURSE

Graphic showing layout of a 3.0 mile Formula One sample race course and the relationship (in feet) between each area of the site.2.0 MILE FORMULA V AIR RACE COURSE

Graphic showing layout of a 2.0 mile Formula Five sample race course and the relationship (in feet) between each area of the site.

Figure 3-41, Example of a Balloon Competition Manual

BALLOON COMPETITION MANUAL

This manual has been prepared as part of the application for the issuance of a Certificate of Waiver with attachments and special provisions for a Manned Free Balloon Competition on [insert date]. [Insert event name] BALLOON RACE.

Table of Contents

I.    Purpose.

II.   Responsibilities and Procedures.

a)   Duties of Personnel.

b)   Registration and Airworthiness Determination.

c)   Pilot and Event Flight Crewmembers.

d)   Pilot/Crew Briefing Responsibilities.

e)   Letter of Agreement.

f)    Event Documentation.

III. Ground Operations.

a)   Clear Areas.

b)   Spectator Areas.

c)   Crowd Control Requirements.

d)   Landowner Relations/Notification.

IV. Flight Operations.

a)   Areas of Operations.

b)   Types of Operations.

c)   Altitudes.

d)   Weather Requirements.

e)   Communications Requirements.

f)    Air Traffic Coordination.

Section I. Purpose.

This manual is submitted as a part of an application for a waiver of Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.119(b) and 91.119(c), by the [insert name of organization] for the [insert name of event] Balloon Race. Specifically, the waiver will allow officially registered balloons to operate at an altitude of no less than [insert number] feet above the highest obstacle within a [insert number]‑foot radius of the balloon en route to the target within a [insert number] nautical mile (or other specified distance) radius of the designated launch field or goal. It will also allow for officially registered balloons to operate at [insert number] feet AGL over spectators and to set goals and/or targets at a minimum distance of [insert number] feet from physical barriers provided for spectator control.

No waiver is requested nor is a waiver required by 14 CFR for any mass ascensions or pilot choice launches.

Section II. Responsibilities and Procedures.

a)   Duties of Personnel.

1)   Event Director—[insert name].

2)   Operations Director—[insert name].

3)   FAA Liaison—[insert name].

4)   Weather Officer—[insert name].

5)   Safety Officer—[insert name].

b)   Registration and Airworthiness Determination.

Balloons flown at the event must have current certificates of registration and airworthiness, or in place of the latter, an equivalent document from the Federal Aviation Administration. Chapter [insert number] of the competition rules cover procedures for balloons damaged or otherwise made unairworthy during the event. Throughout the event the Safety Officer or his designees; and appropriate FAA personnel will be consulted as necessary.

c)   Pilot and Event Flight Crewmembers.

Each pilot must hold the appropriate pilot certificate (Private or Commercial) with Lighter‑than‑Air Category and Free Balloon Class Rating. Each pilot must show evidence of current Flight Review (14 CFR part 61, § 61.56) and must also show evidence of currency per § 61.57. Minimum hours as PIC per the organizers specified time must also be shown.

Event flight crewmembers carried on board a balloon during the event must have been briefed by the pilot of the balloon and must attend the pilot briefing for that flight. Each event flight crewmember must sign the wavier form supplied by the pilot. Each event flight crewmember must attest that they have attended the applicable pilot briefing(s) and have read and understand the conditions of the waiver. Only [insert number] event flight crewmember(s) may be carried in each balloon during the flight.

d)   Pilot Crew Briefing Procedures.

All pilots are required to sign a statement indicating that they have read and understand the provisions of the waiver and the official [insert title] Competition Rules prior to any competitive flight.

Before each flight all pilots must attend the flight briefing. Chapter [insert number] of the competition rules provides details of all briefings.

e)   Letter of Agreement.

Letter of agreement will be issued and signed as required for the specific type of event.

f)    Event Documentation

All relevant registration files, task data sheets, pilot registration information etc., will be maintained by the organizer at least [insert number] days after the event and will be made available to the FAA Monitor upon request. Competition maps and task sheets will be made available to the FAA Monitor at the time of the pilot briefing.

Section III. Ground Operations.

a)   Clear Areas

Clear areas are established at each target site. These areas are kept clear of spectators and are usually fenced. [Insert type of officials] will police any area (such as the target area on the main launch field) to keep unauthorized persons out. In the Minimum Altitude Diagram, this is referred to as the “Target Area.”

b)   Spectator Areas

The primary competitive spectator area is located at the main launch site. Crowd control is initiated by physical barriers around the launch site and target areas controlled by [insert type of officials]. Official and balloon recovery vehicles are parked in restricted areas. Traffic is controlled by local police as required. Use of existing and temporary barriers secure spectators from the briefing area and headquarters and from potential low level flight areas surrounding goals/targets (see additional remarks under “ALTITUDES”).

Competitive goals/targets set outside of the primary launch area in remote areas attract few, if any, spectators beyond those involved in race operations (officials and crews). Scoring/measuring officials control these areas as determined by conditions, and will isolate the area surrounding the goal/target from any unauthorized personnel.

c)   Crowd Control Requirements

Crowd control will be provided by [enter law enforcement agency name(s)] agencies and officials of the balloon event under the direction of the Safety Officer.

d)   Landowner Relations/Notification

Positive landowner relations are vital to the continuance of sanctioned events. There is an ongoing effort by all involved persons to maintain good landowner relations for the event. Additionally, as per Rule [enter number] pilots must obtain permission for launch from private property; and per Rule [enter number] minimize disturbing landowners. Landowners may request that their property be indicated on the competition map as a Prohibited Zone (PZ) as per Rule [enter number].

Section IV. Flight Operations.

a)   Area of Operation

The operations will occur in a [insert number] mile radius of the launch field located at [insert name] Airport as indicated on the official competition map (to be provided as requested). Final landings may occur beyond these boundaries, but no pilot choice takeoffs or mass ascensions will exceed these boundaries. Headquarters for the event operations will be located at the [insert name of location].

b)   Types of Operations

The event will consist of single and multiple tasks as called by the Director after consultation with other approved competition officials, as appropriate, considering the conditions at hand and forecast to develop during the anticipated flight times.

The tasks will include:

1)   Pilot Declared Goal

Each pilot will fly from a launch area and will attempt to drop a marker close to a goal selected by him/her. Pilots define goals by description and map reference. The goals are declared in writing and given to a timekeeper. Each pilot flies from the designated launch area and attempts to drop a marker close to the selected goal. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

2)   Judge Declared Goal

Each pilot flies from the designated launch area and attempts to drop a marker as close as possible to a goal set by the officials. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

3)   Multiple Judge Declared Goal

Each pilot flies from the launch area and chooses one of a number of goals set by the officials. The pilot attempts to drop a marker near the goal chosen. The result is the distance from the observed mark to the nearest goal. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the selected goal.

4)   Hare and Hound

A hare balloon will fly from the launch area and each pilot will attempt to fly near the final landing place of the hare and drop the marker. In the West, this may be referred to as the “Road Runner Race.” The lead balloon, “the hare,” takes off several minutes before the rest of the balloons and drops a marker at a designated point. The hare balloon deflates and is removed from the landing area. The marker dropped by the hare balloon becomes the target for the later balloons, “the hounds.” The hounds try to drop markers as close as possible to the hare balloon’s target. After dropping the marker from the hound balloon, landing is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

5)   Fly In Task

Pilots find their own launch areas and attempt to reach a set goal or target.

6)   Fly On Task

A task where a pilot declares a goal to which he flies, after dropping his marker in another task.

7)   Gordon Bennett Memorial

The competitors will maneuver their balloons a prescribed distance from a target on the ground (scoring area). They will then attempt to maneuver back to the scoring area and drop markers on the target.

8)   Max Distance¾Minimum Distance

Pilots will attempt to drop their markers in the Scoring Area a maximum or minimum distance from the launch point as specified on the task sheet.

9)   Elbow (ELBO)

Each pilot flies from the launch area and attempts to achieve the greatest change of flight direction during the flight with the least angle of divergence. A 180‑degree change in direction with a zero angle of divergence is best. Two concentric circles, specific distances apart, surround the launch point. The pilot drops two markers. The first marker must be dropped between the inner and outer circle. The second marker must be dropped within the outer circle. The second marker cannot be less than 5,000 feet from the first marker. Landing after dropping the marker is at the pilot’s discretion.

10) Convergent Navigational Task (CNT)

Officials establish a goal, but pilots find their own launch areas for the attempt to reach the goal. The boundary of the launch area declared by the pilot is the physical boundary of a field or a circle with a 300‑foot radius from the inflation point, whichever is less. The officials place a target at the goal 30 minutes before the launch period. The pilot launches from a selected site, attempts to navigate to the target, and drops a marker. The result is the distance from the target to the marker. The shortest distance wins. The landing after dropping the marker is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

11) Watership Down

This is a two‑part task. Pilots find their own launch sites and fly to a target established by the officials. At a specified time before the launch, a hare balloon takes off adjacent to the target and drops a marker at a designated point. This marker becomes the second target. The hare balloon deflates, and the envelope remains flattened on the ground to serve as a guide to the second target area. Each competing pilot drops a marker as close as possible to the first target, which was the launch site of the hare balloon. Pilots then fly‑on to drop a second marker as close as possible to the target marker placed by the hare balloon.

12) Key Grab

This event usually has a target (generally a tall pole with the keys to a new automobile affixed to the top) in a centralized location. The balloonist must depart a predetermined distance from the target. The object is to maneuver the balloons, one by one, over the target so the pilot can attempt to grab the keys as the balloon goes by the pole.

The area around the pole must be completely clear of spectators and under the control of the event officials. Event organizers should have portable bull horns or a public address system to control the crowd movements or to direct the balloonist away from the target area in an emergency. If these precautions are observed, a waiver of § 91.119(c) can be issued to allow operations closer than 500 feet to the crowd.

The event organizer must establish procedures to ensure that the balloonists will abort the key grab attempt if it becomes apparent that the balloons’ ground tracks will not be within the operating area or when a realistic chance for the key is no longer possible. The landing areas must be segregated from the spectators; only bona fide recovery crews should be present in the landing area to assist the balloonist with recovery. All participants must be briefed before the operations.

c)   Minimum Altitude Diagram

Graphic depicting minimum altitudes (in feet) for balloons over congested and noncongested areas and the target area.

d)   Altitudes

The waiver provides that registered balloons will be allowed to make approaches to targets and/or goals within the designated areas. Balloons making these approaches will be permitted to fly over the designated spectator areas at an altitude of not less than [insert number] feet AGL. The balloons must have attained a state of altitude equilibrium at this [insert number]‑foot minimum altitude and not be descending while passing over designated spectator areas. It is felt that this altitude is sufficient to allow for unusual circumstances with an adequate margin of safety for spectators.

In order to provide the highest possible level of safety for spectators, the scoring officials will cause scoring/measuring officials to be positioned among the spectators to allow crowds to be shifted as necessary and to provide warning regarding any markers that may be dropped in the spectator areas. Announcements over the public address systems will also advise the spectators of the possibilities of both low flying balloons over the area and of markers being dropped in this area.

e)   Weather Requirements

Flight operations will be conducted during the period from published sunrise to sunset, with the visual flight rules (VFR) and weather conditions as specified in § 91.155. Maximum demonstrated surface winds must be [insert number] or less.

The decision for flight is the sole responsibility of the pilot and the decision of whether to hold a task is the sole responsibility of the director after consultation with appropriate safety officials.

f)    Communications Requirements

Primarily by required pilot briefing, however, supplementary information is also given on local radio stations and on the public address system. Most pilots carry either FM, CB, or aircraft radios, and some communication is possible by radio.

g)   Air Traffic Coordination

A NOTAM will be requested from the [insert name] FSS advising air traffic of numerous balloons in the [insert name] area at varying altitudes from [insert date] through [insert date] during the three hours immediately after sunrise and three hours prior to sunset.

This Operations Manual includes the information and requirements contained in the following attachments.

ATTACHMENTS:

Sectional of Area

List of Pilot Entries

Schedule of Events

Statement of Responsibility

Competition Rules

Figure 3-42, Preshow Briefing Guide

AVIATION EVENT PRESHOW BRIEFING GUIDE

WHO SHOULD ATTEND:

ALL PERFORMERS:

Air show Pilots

Tow/Jump Aircraft Pilots

Skydivers

Military Flight Demo Pilots

Air and Ground Pyrotechnic Technicians

Jet Vehicle Drivers

Narrator(s)

Remotely Deployed Aircraft Pilots (via telecon)

At least one (1) representative pilot for each military team

KEY OPS/SUPPORT PERSONNEL:

Air Boss

Air Traffic Control

Fire Chief/CRS

EMS Helicopter

Smoke Oil/Refueling Chief

Aircraft Marshallers Chief

Maintenance Chief

Crowd Control Chief

FAA (or assigned) MONITOR:

WEATHER BRIEFER:

AIR SHOW DIRECTOR / EVENT SPONSOR:

(Including that person named on the waiver as being “responsible to ensure safety of the event”)

WHO SHOULD NOT ATTEND:

Pets

Individual Sponsors

Media Representatives

Spouses

Children

Relatives/Friends

Anyone not directly associated with the performance

BRIEFING:

ROLLCALL: Those not attending the briefing MAY NOT participate in this performance!

INTRODUCE KEY OFFICIALS:

TIME HACK:

CURRENT WEATHER AND FORECAST: (Include regional and national weather by quadrants on the last day, for departing aircraft)

REVIEW NOTAM(S)/TFR:

REVIEW WAIVER AND SPECIAL PROVISIONS:

REVIEW AREA MAP:

Hold Points/Turn Directions Altitudes

Noise Abatement Procedures

Sensitive Areas

Special Use Airspace

Remote Recovery Airports

Obstructions

Controlled/Emergency Bail Out/Ditching Procedures

AIRPORT STATUS:

Airspace

Runways In Use

Facilities

Arresting Cables

Traffic Patterns

AIR SHOW LAYOUT:

Sequence of acts and their cues for positioning

Show Lines

Spectator Areas (Primary/Secondary)

Ground Based Pyro

Hazards

Aircraft Parking

Taxi Routes

Crash Rescue Runway Watch Locations

Unique Local Items/Conditions

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 7  ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION: 14 CFR PART 91, SECTION 91.119(b) and/or (c) (MINIMUM SAFE ALTITUDES)

3-181      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1230.

3-182      OBJECTIVE. The objective of this task is to determine whether or not an applicant is eligible for the issuance of a certificate of waiver of Title 14 of the Code of Federal Regulations (14 CFR) part 91, General Operating and Flight Rules, § 91.119(b) and/or (c) (Minimum Safe Altitudes). Successful completion of this task results in the issuance of a Certificate of Waiver or Authorization, or the disapproval of an application.

3-183      BACKGROUND.

A.     Definitions.

1)      Congested and Densely Populated Areas. Refer to Volume 3, Chapter 51, Evaluate a 14 CFR Part 133 Congested Area Plan (CAP).
2)      Pipeline/Powerline Patrol. Operation of an aircraft in order to locate leaks or breaks in a pipeline or powerline.
3)      In the Public Interest. Operations conducted by Federal, state, and local governments; by private law enforcement operators; or for the purpose of conservation, wildlife preservation, or pipeline or powerline patrols.

B.     Authority. Part 91 provides for the issuance of a waiver to § 91.119(b) and/or (c). Part 91 also provides for the issuance of a waiver to § 91.313(e) if the applicant is to perform limited operations with restricted category aircraft. Refer to Volume 3, Chapter 4, Issue a Certificate of Waiver for Restricted Category Civil Aircraft.

C.     Examples. Examples of waivers of § 91.119(b) and/or (c), Minimum Safe Altitudes, are pipeline/powerline patrol, low‑level thermography flights, and flights by foreign operators under the North American Free Trade Agreement (NAFTA).

D.    Regulations That May Not be Waived. Section 91.119(a) and (d) shall not be waived.

E.     History of the Waiver. Except for a minor amendment to provide relief to recognize the unique capabilities of helicopters, minimum safe altitudes have remained unchanged. These rules were specifically written to safeguard life and property on the surface, with the highest priority placed upon the protection of human life. The Federal Aviation Administration (FAA) recognizes that certain operations justify waiving the 1,000‑foot minimum over congested areas and/or 500‑foot minimum separation distance from persons or property on the surface.

F.      Eligibility. Operators of standard, limited, or restricted category aircraft may apply for a certificate of waiver to engage in pipeline/powerline patrol operations. Operators of restricted category aircraft may also require a waiver of § 91.313(e) if operations will require flight over congested areas. Refer to Volume 3, Chapter 2, Exemptions, Deviations, Waivers, and Authorizations.

G.    Forms Used. FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑43), is a multipurpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑44). All items on the form may not be applicable to the application request.

H.    Submission. Completion and submission of FAA Form 7711‑2 is the responsibility of the applicant. A completed FAA Form 7711‑2 should be submitted to the Flight Standards District Office (FSDO) in whose jurisdiction the applicant plans to conduct the operation, a minimum of 45 days before the planned operation begins. If the request involves operations in more than one FSDO’s area of jurisdiction, the application should be submitted to the FSDO in the area of the applicant’s principal business office.

I.       Approval or Denial. Within 30 days of receipt of FAA Form 7711‑2, an approved FAA Form 7711‑1 or the disapproval of the application must be issued by the FSDO. Once approved, FAA Form 7711‑2 becomes a part of FAA Form 7711‑1. The jurisdictional Flight Standards District Office Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, will sign the waiver upon approval.

J.      Expiration Date. An FAA Form 7711‑1 will expire not later than 24 calendar‑months from the date of issuance. A certificate of waiver may be reissued after the submission of a properly prepared FAA Form 7711‑2 and, if appropriate, the applicant's previously approved operations manual. For NAFTA operations, the expiration date will be a maximum of 12 calendar‑months from the date of issuance.

3-184      WAIVER OF § 91.119(B).

A.     Inspector Considerations. There are three basic points that an inspector should consider before processing a request for a waiver of § 91.119(b):

1)      Is the waiver request in the public interest?
2)      Can the operation be conducted with an equivalent level of safety?
3)      What special provisions are necessary to ensure this adequate safety margin?

B.     Evaluation of the Application. The applicant should describe in detail the proposed operation and specify the altitude essential to accomplish the operation. When issuing the waiver, the altitude requested should be an absolute minimum but may not be less than 500 feet from persons or property unless necessary to safeguard human life (see paragraph 3‑147). Operations involving flights in airspace requiring two‑way communication will be coordinated with the appropriate air traffic facility. If operations will involve towing, refer to Volume 3, Chapter 3, Issue a Certificate of Waiver or Authorization: 14 CFR § 91.311 (Towing: Other than under §91.309).

C.     Special Provisions. For clarity, special provision guidelines are divided into single‑engine and multiengine operations.

1)      Single‑engine Aircraft. The minimum altitude permitted in the waiver must comply with § 91.119(a). This may be accomplished by requiring specific routes and altitudes as necessary to ensure the aircraft could reach a safe landing area in the event of engine failure. If specific routes and altitudes are used, they should be depicted on a chart. The waiver should be limited to day visual flight rules (VFR) operations only.
2)      Multiengine Aircraft. If the aircraft is operated at weights that will allow it to climb with the critical engine inoperative consistent with terrain but not less than 50 feet per minute, specific routes and altitudes are not required. Waivers may authorize day and night VFR.

3-185      WAIVER OF § 91.119(C).

A.     500‑Foot Minimum Separation Distance. Unless it is necessary to safeguard human life or it can be determined to be in the public interest and contributing to the public health, welfare, and safety, the 500‑foot minimum separation distance from persons on the surface shall not be waived. Issuances of waivers to safeguard human life are discussed in subparagraph 3‑185B below. Issuance of waivers determined to be in the public interest are discussed in subparagraph 3‑185C below.

B.     Waivers Issued To Safeguard Human Life. For waivers issued to safeguard human life, the applicant should be required to identify a minimum altitude or proximity that will permit accomplishment of the operation. The minimum requested should be the absolute minimum permitted. In addition:

1)      Single‑engine Aircraft. These aircraft should be prohibited from flying directly at or over persons on the surface and, when operating in close proximity to persons on the surface, it must always be possible to comply with § 91.119(a) without excessive maneuvering.
2)      Multiengine Aircraft. These aircraft should be limited to weights that will allow it to climb with the critical engine inoperative consistent with terrain but not less than 50 feet per minute. If this is not possible, the multiengine aircraft should be treated in the same manner as single‑engine aircraft.

C.     Waivers Issued in the Public Interest. Operators determined to act in the public interest, may be authorized to operate closer than 500 feet, but in no case closer than 200 feet, to persons on the surface. Waivers issued in accordance with this paragraph require the development of an operations manual (see subparagraph 3‑147F and paragraph 3‑149).

D.    Special Provisions. Depending upon the type of operation involved, it may be necessary to prescribe numerous and detailed special provisions. The following are special provisions which should be shown on every waiver issued under paragraph 3‑147, along with any additional provisions considered necessary by the issuing FSDO:

1)      Operations are limited to VFR day only.
2)      Unless authorized by accepted operations manual, intentional flight at less than 500 feet directly over persons on the surface is prohibited. In addition, the aircraft may not be flown along a path that would require excessive maneuvering to avoid persons on the surface in the event of an emergency.
3)      Unless authorized by an accepted operations manual, the terms of the waiver are limited to within one‑quarter mile of the authorized route or operating area, except that no community will be overflown below 500 feet or at less than 1,000 feet over the congested areas of a city.
4)      Operations under this waiver are limited to the pilots listed on FAA Form 7711‑2 or the accepted operations manual.
5)      In the event of an emergency (the known or suspected rupture of a gas pipeline, flood, storm, etc.) requiring immediate action, the waiver holder may use pilot personnel without compliance with either the initial or annual check requirements. However, within 7 days of the time this emergency authorization is exercised, the waiver holder will notify the FSDO responsible for issuing the waiver of such action.
6)      Except when necessary to safeguard human life, no operation will be conducted in closer proximity to persons on the surface than authorized by this waiver.

E.     Other Waivers of § 91.119(c). A waiver for operations other than for the purpose of safeguarding human life or in the public interest should prohibit flight closer than 500 feet of any vessel, vehicle, or building on the surface unless the pilot takes reasonable action to determine that they are not occupied by persons at the time of the operation.

F.      Manual. If § 91.119(c) is to be waived because it has been determined to be in the public interest (see subparagraph 3‑185C), the applicant must submit an original and one copy of an operations manual to the local FSDO for acceptance. Operating and safety procedures must be incorporated in the operations manual. Once accepted by the FSDO, the manual becomes a part of the special provisions. The manual is the standard by which a waiver holder must conduct all operations pursuant to the certificate of waiver. The controls, procedures, and conditions set forth in the operations manual are the primary assurance that persons on the surface will not be jeopardized and will become the basis for issuing of the certificate of waiver. Therefore, failure to comply with the provisions of the manual will be considered a violation of the terms of the waiver and may constitute justification for cancellation of the waiver.

G.    Manual Revisions. Inspectors should encourage operators to discuss manual revisions with the FSDO before they are submitted for acceptance. Revisions should not be distributed by the operator until accepted by the FAA and returned to the operator with signature and date. If the revisions are not acceptable, notify the operator in writing within 10 days of receipt of the revisions at the FSDO.

3-186      CONTENTS OF THE OPERATIONS MANUAL. The manual must include, but is not limited to, the following:

A.     Title Page and Revision Page. This is generally self explanatory, but paragraph 3‑4135, Figure 3‑133, contains typical examples.

B.     Company Organization.

1)      Business name, address, and telephone number of applicant.
2)      If more than one pilot is to be used under the terms of this waiver, the applicant must designate a chief pilot.

C.     Pilots to be Used. This section should contain a list of pilots to be used, including their pilot certificate numbers, grade, and class and date of medical.

D.    Aircraft To Be Used. This section should contain a list of aircraft by make and model.

E.     Operations Manual Distribution and Revision. This section should contain:

1)      Procedures for distribution of the manual to all flight personnel.
2)      A system for revising the manual to ensure that all manuals are kept current. Revisions for an accepted manual should be forwarded to the FSDO at least 15 days before the proposed effective date.
3)      Procedures that describe how approved changes to the manual will be distributed to the pilots.

F.      Area of Operations. There will be a wide variety of operational needs. Some can be identified as specific patrol routes, whereas others may involve open water or forest areas of an entire state. The following information should be provided, as appropriate.

1)      Specific Routes (Powerline/Pipeline Rights of Way). The manual must contain each route depicted in either cartographic or photographic form. The depiction must identify each community, settlement, stadium, or other common gathering place located within a quarter mile on either side of the route. The depiction should include additional information regarding the location of hazardous power or phone lines or other obstructions requiring altitudes in excess of the minimums prescribed in the waiver.
2)      Large Area Routes. Manuals developed by operators needing broad area authorization should clearly describe the land or water areas where the privileges of the waiver are to be exercised. This may be in the form of a state map with operational areas depicted or a description of operational areas, i.e., open water areas and sparsely populated areas where wildlife preservation operations are to be conducted. It is especially important that the operator provide pilots with sufficient information to know when the privileges of the waiver apply and when they must be in full compliance with § 91.119(b) and (c).

G.    Flight Operations. The operations manual will contain a flight operations section covering information necessary to ensure compliance with the waiver and include at least the following:

1)      Weather Conditions. Operations are limited to VFR.
2)      Operations in Airspace Requiring Two‑Way Communication. The terms of the waiver may not be exercised in airspace requiring two‑way communication unless authorization for the flight has been obtained from the appropriate air traffic facility.
3)      Operations Within 500 Feet of Persons. Section 91.119(c) prohibits operations directly over persons on the surface at less than a 500‑foot altitude. When operations at less than a 500‑foot altitude or a 500‑foot lateral clearance from persons are desired, procedures must be approved by the FAA that include approach and departure paths, emergency procedures to be used, and the pattern and altitude that will permit the aircraft, if single‑engine, to land in an emergency without endangering persons or property on the surface. Additionally, the aircraft flight path must be such that it will not be necessary to pass directly over persons on the surface in the event of an emergency. The trajectory of the aircraft must pass to one side or the other of any persons on the surface.
4)      Entry/Departure Paths. All normal entry and departure paths to and from the waivered flight paths will be charted and available to the pilot.

H.    Certification/Airworthiness. The aircraft may be certificated in any category, except experimental and provisional, provided the requirements of sections (§§) 91.7 and 91.203 are met. Procedures shall be included to ensure that inspections will be in accordance with 14 CFR parts 43 and 91.

I.       Pilot Personnel—Minimum Requirements. The operator will establish and specify the minimum pilot requirements. Minimum requirements should meet or exceed the following:

·        A current commercial pilot certificate with ratings appropriate to the category and; class aircraft to be used under the terms of the waiver;

·        At least 500 hours as pilot in command (PIC) logged;

·        A minimum of 100 hours in the category and class of aircraft to be used; and

·        A minimum of 5 hours in the make and model aircraft to be used under the waiver.

J.      Initial Checkout. The manual must provide that each pilot be route qualified and have his or her logbook endorsed as such by a chief pilot. The endorsement must be made by the chief pilot, although another qualified pilot may give the initial checkout. In addition to route qualification, each pilot must satisfactorily demonstrate knowledge in the following:

·        Route familiarization,

·        Aircraft performance and limitations,

·        Emergency procedures,

·        Operations manual, and

·        Terms and conditions of the waiver.

K.    Annual Check. The chief pilot will examine each pilot at least once each 12 calendar‑months. The examination will consist of an oral and practical test that covers the subject areas for the initial checkout.

L.     Pilot Notices. The applicant must develop a procedure to notify all pilots of special circumstances such as the avoidance of noise‑sensitive areas, changes of operating procedures, etc.

M.  Accident Notification. The manual must contain procedures for notification and reporting accidents.

3-187      REVIEW FAA FORM 7711‑2. Pertinent items are discussed below for clarity and uniformity. The application should be reviewed upon receipt for obvious discrepancies. The information submitted by the applicant on FAA Form 7711‑2 must not be altered by the issuing office.

A.     Items 1 and 2. If the applicant is a representative of an organization, the organization’s name should appear in Item 1. The name of the individual and his/her position or authority to represent the organization (e.g., the “responsible person”) should appear in Item 2. If the applicant is not representing others, the term “N/A” should be entered in Item 1 and the applicant’s name entered in Item 2.

B.     Item 4. In many instances the applicant does not know or is not sure which sections of the regulations are involved. A conference with the applicant before acceptance of the application may be necessary.

C.     Item 5. It is sufficient for the applicant to use the terms “agricultural,” “forest and wildlife,” “aerial surveying,” “patrolling,” or “weather control,” to describe the type of operation. However, the applicant should include detailed information on the type of operation.

D.    Item 6. A detailed description of any city, town, county, and/or state over which operations will be conducted. For powerline/‌pipeline operations, the routes must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

E.     Item 7. The applicant should list beginning and ending dates for the operation in this item. Cases involving one‑time operations where the applicant has not indicated an alternate date, the inspector should advise the applicant to request alternate dates in order to save time and unnecessary paperwork.

F.      Item 8. At the time the application for a waiver is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in Item 8 that a list will be provided at a later, specified date.

3-188      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of the regulatory requirements of part 91 and FAA policies and qualification as an aviation safety inspector (ASI) (operations).

B.     Coordination. This task may require coordination with the airworthiness unit within the district office, other FSDOs, appropriate air traffic facilities, and the regional office.

3-189      REFERENCES, FORMS, AND JOB AIDS.

A.     References (current edition):

·        14 CFR parts 1 and 61, and

·        PTRS Procedures Manual (PPM).

B.     Forms.

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑44).

·        FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization (Figure 3‑43).

·        FAA Form 8000‑36, Program Tracking and Reporting Subsystem Data Sheet.

C.     Job Aids. Sample letters and figures.

3-190      PROCEDURES.

A.     Initial Contact.

1)      Provide the applicant with a copy of FAA Form 7711‑2 (Figure 3‑43) and the Instructions for Completion of FAA Form 7711‑2 (Figure 3‑45).
2)      Advise the applicant to complete items 1 through 8 and Item 15 on FAA Form 7711‑2.
3)      Advise the applicant that the completed FAA Form 7711‑2 must be submitted in duplicate (the original and one copy) to the FSDO at least 45 days before planned operations begin.
4)      If § 91.119(c) is to be waived in the public interest:
a)      advise the applicant that any required operations manual must be prepared and submitted in duplicate (the original and one copy) with the completed FAA Form 7711‑2; and
b)      provide the applicant with a copy of the Operations Manual Development Guide (Figure 3‑46).

B.     Program Tracking and Reporting Subsystem. Make appropriate PTRS entries.

C.     Receipt of FAA Form 7711‑2 and an Operations Manual, if Required. Using the Part 91 Job Aid (Figure 3‑50), the information provided by the applicant, and the background in paragraph 3‑183, review FAA Form 7711‑2 for all pertinent information for the proposed operation. Accept strikeovers that are minor in nature and initialed by the applicant. Items 9 through 14 apply to airshow and air race waiver requests only.

1)      Items 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization or individual named in Item 1.
3)      Item 4—14 CFR Sections to be Waived. Ensure that the applicant has listed all sections of the regulations that need to be waived.
4)      Item 5—Description of Operations. Ensure that the applicant has indicated the type of operation to be conducted.
5)      Item 6—Area of Operations.
a)      Ensure that the applicant has listed specific locations and altitudes of the proposed operation.
b)      Ensure that the area of operation is within the jurisdiction of the district office.
6)      Item 7—Time Period.
a)      Ensure that the applicant has included a beginning date and hour and an ending date and hour for the planned operation.
b)      Ensure that the requested dates do not exceed 24 calendar‑months.
7)      Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home addresses. Item 8 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on [applicant enters a specific date].”
8)      Item 15—Certification. Ensure that the applicant has signed and dated each page of the application.
9)      If FAA Form 7711‑2 has not been completed:
a)      List the reasons for disapproval in the Remarks section of FAA Form 7711‑2. Sign and date in the Action block of FAA Form 7711‑2.
b)      Prepare a letter of disapproval of an application (Figure 3‑47) with a suspense date for submission of a corrected application.
c)      Retain a copy of FAA Form 7711‑2 for future comparison.
d)      Return the application, the operations manual (if appropriate), any supporting documentation, and the letter of disapproval to the applicant.
e)      Make appropriate PTRS entries.
10)        If FAA Form 7711‑2 has been completed, continue with the task.

D.    Enforcement Information Subsystem (EIS). Consult the EIS database for the violation history of the applicant and/or pilots.

E.     Review the Proposed Operations Manual. Review the operations manual to ensure that the manual contains the items discussed in paragraph 3‑186 of this chapter.

1)      If the manual is unsatisfactory:
a)      List reasons for nonacceptance in the Remarks section of FAA Form 7711‑2. Sign and date in the Action block of FAA Form 7711‑2.
b)      Prepare a letter of nonacceptance (Figure 3‑48) with a suspense date for submission of a corrected operations manual.
c)      Retain a copy of the manual for future comparison.
d)      Return FAA Form 7711‑2, the disapproved operations manual, any supporting documentation, and the letter of nonacceptance to the applicant.
2)      If the manual is satisfactory, stamp each page “Accepted.” Sign and date each page.
3)      Prepare a letter of acceptance of the operations manual (Figure 3‑49).
4)      Continue with the task.

F.      Pre‑Inspection Activities.

1)      Contact the applicant by telephone and/or letter to set up a date and time to conduct the facility inspection.
2)      Coordinate with the airworthiness unit to inspect aircraft and engine logbooks, the aircraft weight and balance to see if it has been revised to reflect current equipment, and any special equipment for proper mount or installation (cameras, gas leak detector devices, helicopter device for powerline voltage readout, etc.).
3)      If a restricted category aircraft will be used, coordinate with the aircraft certification office to attend the facility inspection.

G.    Conduct Facility Inspection. Use the Part 91 Minimum Safe Altitude Waiver and Facility Inspection Job Aid (Figure 3‑50) to conduct the facility inspection.

1)      Check pilot certificate and medicals.
2)      Check pilot logbooks for the appropriate en route endorsements.
3)      Ensure that the registration certificate and the airworthiness certificate, as well as a copy of the special operating limitations (restricted category), are on board the aircraft.

H.    Unsatisfactory Inspection.

1)      Brief the operator on the discrepancies found during the inspection.
2)      List the reasons for the unsatisfactory inspection in the Remarks section of FAA Form 7711‑2. Sign and date the document in the Action block of FAA Form 7711‑2.
3)      Prepare a letter of unsatisfactory inspection (Figure 3‑51). Include in the letter a date for a followup inspection that is 15 days from the date of the letter of disapproval.
4)      Retain a copy of FAA Form 7711‑2 to use in the followup inspection to ensure that discrepancies found in the initial inspection have been corrected.
5)      Return the application, the operations manual, any supporting documentation, and the letter of disapproval to the applicant.
6)      Make appropriate PTRS entries.
7)      Perform followup inspection.

I.       Satisfactory Inspection.

1)      Mark the “Approved” block on FAA Form 7711‑2. Sign and date in the Action block of FAA Form 7711‑2.
2)      Prepare FAA Form 7711‑1.
3)      Develop any special provisions from paragraph 3‑184 of this chapter, and any other provisions deemed necessary in the interest of safety.
4)      If the area of operations indicates that the operator will conduct operations in another FSDO’s area, the following shall be included as a special provision: “Operations outside the area of operations authorized in this waiver may be conducted without obtaining an additional certificate of waiver, provided the operations are coordinated in advance with the appropriate FSDO and all special provisions imposed by that office are complied with.”
5)      Submit FAA Form 7711‑1 to the district office manager, or designated representative, for signature. The designated representative may be no lower then the operations unit supervisor.

J.      District Office File. Prepare a district office file on the operator that includes, but is not limited to, a copy of the following:

·        FAA Form 7711‑1 and any special provisions,

·        FAA Form 7711‑2,

·        Letter of disapproval of the application,

·        Letter of nonacceptance of the operations manual,

·        Accepted operations manual,

·        Letter indicating an unsatisfactory facility inspection,

·        Completed part 91 job aid (until PTRS entries are complete then discard), and

·        Any other documents of correspondence.

K.    Waiver Distribution.

1)      Send the originals of the following documents to the applicant:

·        FAA Form 7711‑1 and any special provisions,

·        FAA Form 7711‑2,

·        The accepted operations manual, and

·        The letter of acceptance of the operations manual.

2)      Send a copy of FAA Form 7711‑1 and its associated provisions to other FSDOs in whose area the applicant has requested operating authority.

L.     Close PTRS. Make appropriate PTRS entries.

M.  Vital Information Subsystem (VIS). Establish a Part 91 Operator VIS record.

3-191      TASK OUTCOMES. Completion of this task results in one or more of the following:

·        A Certificate of Waiver or Authorization,

·        An accepted operations manual,

·        Letter of disapproval of an application,

·        A completed Part 91 Minimum Safe Altitude Waiver and Facility Inspection Job Aid,

·        A letter indicating the nonacceptance of an operations manual,

·        A letter indicating an unsatisfactory facility inspection, and

·        Letter indicating acceptance of an operations manual.

3-192      FUTURE ACTIVITIES.

·        Reissue a Certificate of Waiver or Authorization,

·        Cancellation of a Certificate of Waiver or Authorization,

·        Review revisions to manual,

·        Possible followup facility inspection, and

·        Possible enforcement investigation.

RESERVED. Paragraphs 3‑193 through 3‑210.

Figure 3-43, FAA Form 7711‑2, Application for a Certificate of Waiver or Authorization

Figure 3-44, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-45, Instructions for Completion of FAA Form 7711‑2

1. PREPARING FAA FORM 7711‑2. Items from FAA Form 7711‑2 are discussed below for purposes of clarity and uniformity of its use. However, not all items on the form may be applicable to the application request. Items 9 through 14 apply to airshow and air race waiver requests only.

a.      Items 1 and 2—Name of Organization/Name of Responsible Person. If you are a representative of an organization, then the organization’s name should appear in Item 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Item 2. If you are not representing an organization, the term “N/A” should be entered in Item 1 and your name in Item 2.

b.      Item 3—Permanent Mailing Address. Self‑explanatory.

c.       Item 4—14 CFR Section and Number To Be Waived. All applicable 14 CFR sections and numbers that are to be waived for the operation to be conducted must be listed in this item. If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.

d.      Item 5—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “powerline patrol,” etc., for a description. However, additional detailed information may be included.

e.      Item 6—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this item. The routes for powerline/‌pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

f.        Item 7—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar‑months (e.g., June 12, 1996 to June 30, 1998), except for NAFTA operations, in which the maximum time period for operations is 12 calendar‑months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this item.

g.      Item 8—Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home address, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”

h.      Item 9—Sponsorship. Not required.

i.        Item 10—Permanent Mailing Address of Sponsor. Not required.

j.        Item 11—Policing. Not required.

k.      Item 12—Emergency Facilities. Not required.

l.        Item 13—Air Traffic Control. Not required.

m.    Item 14—Schedule of Events. Not required.

n.      Item 15—Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-46, Part 91 Operations Manual Development Guide

The operations manual must contain at least, but is not limited to, the following items:

1.   Area of Operation.

a.   The area must be depicted cartographically or photographically.

b.   Specific routes must be highlighted and must identify communities, settlements, stadiums, etc., where people may gather within one quarter mile either side of the route. The ingress and egress routes must be identified.

c.   Each hazardous area along each route, such as phone lines, powerlines, cables, towers, etc., must be depicted.

2.   Emergency Procedures. Specify procedures for emergency notification of company officials when compromise of powerline/pipeline is observed. The manual must describe in detail how the pilot will notify the company officials or ground personnel if it is necessary to safeguard human life. Some examples of acceptable notification would be:

a.   Streamer drop; and

b.   Radio call or radio monitor by company officials.

3. Aircraft Certification and Airworthiness.

a.   List all aircraft according to category ‑ standard, limited, or restricted. All the requirements of §§ 91.7 and 91.203 must be met as applicable.

b.   The manual must describe the inspection program required by parts 43 and 91 for the aircraft being operated. Administrative control of the maintenance inspection program must also be described, including the assignment of duties and responsibilities.

4. Personnel. The manual must include the following minimum pilot knowledge and experience requirements:

a.   Each pilot must hold a commercial or airline transport pilot certificate with ratings appropriate to the category and class of airplane to be used.

b.   Each pilot must have 500 hours as PIC.

c.   Each pilot must have 25 hours as PIC in the category and class of aircraft to be used.

d.   The pilot must have 5 hours as PIC of the make and model aircraft to be used in the operation.

e.   If more than one pilot will be used under the terms and conditions of the waiver, the manual must designate a chief pilot. The chief pilot must ensure that all pilots meet the minimum initial flight requirements before acting as PIC under the waiver. The minimum initial flight requirements are as follows:

(1)  Route qualification which includes a flight check over the designated route or routes to be flown and a logbook endorsement reflecting that experience;

(2)  Aircraft performance and limitations;

(3)  Emergency procedures included in the waiver terms and conditions;

(4)  The contents of the operations manual.

f. All pilots must be examined through the use of oral and practical testing by annual examination on:

(1)  Route familiarization;

(2)  Aircraft performance and limitations;

(3)  Emergency procedures;

(4)  The operations manual; and

(5)  Terms and conditions of the waiver.

5. Flight Operations. The manual must contain a flight operations section covering information necessary for the waiver compliance, including the following:

a.   Weather conditions—limited to VFR.

b.   Operations in controlled airspace—The terms of the waiver may not be exercised in controlled airspace unless authorization has been received by the appropriate air traffic facility.

c.   If the applicant requests operations within less than 500 feet altitude and/or 500 feet lateral clearance, the following procedures must be described:

(1)  Approach and departure path;

(2)  Emergency procedures; and

(3)  Pattern and altitude to be flown which will permit single‑engine aircraft to land in an emergency without endangering persons or property on the surface.

d.   A plan for ensuring update of all operations manuals when amendments have been accepted by the FAA FSDO.

e.   An agreement specifying that a copy of the waiver must be on board each aircraft during operation. As a minimum, the manual will be available at the main base of operations and at each satellite base.

Figure 3-47, Sample Letter of Disapproval of an Application

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [applicant’s name]:

This letter is to inform you that the application you submitted on [indicate date] has been disapproved for the reasons listed in the Remarks section of FAA Form 7711‑2.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-48, Sample Letter of Nonacceptance of an Operations Manual

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [applicant’s name]:

This letter is to inform you that the operations manual you submitted on, [indicate date] has not been accepted for the reasons listed in the Remarks section of FAA Form 7711‑2.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-49, Sample Letter of Acceptance of an Operations Manual

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [applicant’s name]:

This letter is to inform you that the operations manual you submitted with FAA Form 7711‑2 on, [indicate date] has been accepted.

Any revisions to the accepted operations manual must be submitted to this office for review. Revisions should not be distributed before this office has accepted the revisions.

If you have any questions or comments please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

Figure 3-50, Part 91 Minimum Safe Altitude Waiver and Facility Inspection Job Aid

 

REMARKS:

Figure 3-51, Sample Letter of an Unsatisfactory Inspection

FAA Letterhead

[Date]

[Applicant’s name and address]

Dear [applicant’s name]:

This letter is to inform you that the following discrepancies were found during the facility inspection on [indicate date]:

[List discrepancies]

Please make corrections of the noted discrepancies within 15 days of receipt of this letter. Please notify this office when corrections have been made so that a followup inspection can be scheduled. If you have any questions or comments please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[Principal operations inspector’s signature]

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 8   Issue a Certificate of Waiver for Motion Picture and Television Filming

3-211      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1230.

3-212      OBJECTIVE. The objective of this task is to review and issue or deny a request for a Federal Aviation Administration (FAA) Form 7711‑1, Certificate of Waiver or Authorization, for motion picture and television operations and determine if an aircraft pilot/operator has developed an acceptable operations manual for use in motion picture and television filming production. Additionally, the aircraft pilot/operator will develop safe operating procedures, guidelines, and criteria to operate below the altitudes required in Title 14 of the Code of Federal Regulations (14 CFR) part 91, General Operating and Flight Rules, §§ 91.119(b) and (c), 91.303(e), and 91.515(a). Successful completion of this task results in the acceptance or non‑acceptance of an operations manual, the issuance of FAA Form 7711‑1 for motion picture and television operations, or the disapproval of FAA Form 7711‑2, Application for Certificate of Waiver or Authorization.

3-213      GENERAL.

A.     Purpose of the Motion Picture and Television Certificate of Waiver.

1)      The motion picture and television industry utilize aircraft in support of their filming operations as both subject aircraft and behind the scenes aircraft. These aircraft are often required to be flown at altitudes and/or horizontal radius less then the minimums specified in §§ 91.119(b)(c) and/or 91.515(a). Additionally, these aircraft are required to perform aerobatics maneuvers below the minimum 1,500 feet above the surface as specified in §§ 91.303(e).
2)      A waiver of the requirements of § 91.119(b) and (c) is necessary when aircraft must be flown closer than 500 feet from participating persons or property. If filming sequences require an aircraft to be flown in aerobatic flight below 1,500 feet above ground level (AGL), a waiver of § 91.303(e) is required. If a waiver for § 91.515(a) is needed, it will be added to the initial request and maintained as part of the original waiver. Items 1 through 8, 11, 12, and 15 on FAA Form 7711‑2 must be addressed in all cases.

B.     Definitions.

1)      Participating Person/Authorized Person. All persons associated with the filming production must be briefed on the potential risk of the proposed flight operation(s) and they must acknowledge and accept those risks. Nonparticipating persons are the public, spectators, media, etc., not associated with the filming production.
2)      Subject Aircraft. Any aircraft that is being filmed as part of a motion picture or television filming event.
3)      Behind the Scene Aircraft. Any aircraft used in the filming event that is not the subject aircraft (camera aircraft, aircraft carrying lights for the scene, aircraft causing background noise or wind, aircraft placing additional personnel into or around the scene but not in the scene, etc.).

C.     Considerations. Essential personnel may be filmed while on the exterior of, or entering or exiting an aircraft in flight. The following are possible scenarios:

1)      Airplanes that include traditional external activities such as wing walking, parachuting, air‑to‑air transfers, air‑to‑ground transfers, ground‑to‑air transfers, towing (banners or equipment), and other motion picture and television activities.
2)      Balloons that include rappelling, long‑line operations, in‑flight transfers, rope ladders, and other motion picture and television activities.
3)      Helicopter activities that include rappelling, long‑line operations, external camera operators, and other motion picture and television activities may constitute an external load. However, the FAA does not provide Class B, C, or D certification for non‑jettisonable activities. They would not be approved as external‑load operations under 14 CFR part 133. Pilots and/or operators using these techniques will be required to demonstrate their ability to operate with these loads prior to being authorized for flight in the motion picture and television activities for motion picture production activities. The pilot may show competency if he/she has in his/her personal possession either a letter of competency or an appropriate logbook entry in accordance with 14 CFR § 133.37(a)(1)(2).

D.    Aircraft.

1)      Restricted and Experimental Category Aircraft.
a)      Serving as a camera platform for motion picture and television filming is one of the purposes for which FAA issues a restricted category airworthiness certificate under 14 CFR § 21.25(b)(3) (aerial surveying—photography).
b)      In order to be used in motion picture and television filming operations as the subject aircraft, the aircraft must have an airworthiness certificate issued in the appropriate category (i.e., experimental/‌exhibition, restricted (if demonstrating its purpose, in the film such as agricultural operations)).
2)      Helicopters. Helicopter operations are generally conducted under 14 CFR § 91.119(d). However, movie‑making helicopter operations below 500 feet AGL may create a hazard to persons or property on the surface by drawing nonparticpants into the area. Therefore, FAA Form 7711‑1, Certificate of Waiver or Authorization must be obtained for helicopter motion picture and television filming operations. If helicopters are to be used for aerobatic purposes under the provisions of this waiver, refer to subparagraph 3‑155D.

E.     Forms Used. FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (Figure 3‑52), is a multipurpose form used to apply for FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑53). Instructions for Completion of FAA Form 7711‑2 are in Figure 3‑54. All items on the form may not be applicable to the application request.

F.      Submission. FAA Form 7711‑2, including a proposed motion picture and television operations manual, should be submitted at least 45 days before actual filming begins. The completion and submission of FAA Form 7711‑2 and a proposed operations manual is the sole responsibility of the applicant.

G.    Approval or Disapproval. Applications for FAA Form 7711‑1, Certificate of Waiver or Authorization, are processed at the geographically responsible Flight Standards District Office (FSDO). Within 30 days of receipt of the FAA Form 7711‑2, an approved FAA Form 7711‑1 or disapproval of the application must be issued by the district office. Upon approval, FAA Form 7711‑2 and the acceptable operations manual becomes part of FAA Form 7711‑1. The jurisdictional Flight Standards District Office Manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO, shall sign the waiver for approval.

H.    Expiration Date. An FAA Form 7711‑1 expires 24 calendar‑months from the date of issuance. FAA Form 7711‑1 for motion picture and television filming may be reissued by submission of a properly prepared FAA Form 7711‑2 and the applicant’s previously accepted operations manual, if appropriate.

I.       Motion Picture and Television Operations Manual. Operating and safety procedures must be incorporated in a motion picture and television operations manual. The operations manual, once accepted, becomes part of the waiver. The operations manual is the standard by which a certificate holder must conduct all operations pursuant to FAA Form 7711‑1 authorization. The controls, procedures, and conditions set forth in the operations manual are the primary assurance that nonparticipating persons will not be jeopardized. This will be the basis for the authorization of the motion picture and television area of operation and/or the issuance of the waiver. Therefore, failure to comply with the provisions of the operations manual shall be considered a violation of the terms of the waiver and may constitute justification for cancellation of the waiver.

J.      Operations Manual Revisions. Inspectors should encourage pilot/operators to discuss manual revisions with the geographically responsible FSDO before they are submitted for acceptance. Proposed revisions to the manuals shall be submitted to the FSDO for review at least 15 days before the proposed effective date. Revisions will not be distributed by the pilot/operator until acceptance by the FSDO and returned to the pilot/operator with an indication of acceptance. If the revisions are not accepted, inspectors must notify the pilot/operator in writing within 10 working days of receipt of the proposed revisions.

K.    Special Provisions.

1)      The following statement must appear as a special provision:

·        “The certificate holder must adhere to the accepted motion picture and television operations manual.”

·        The pilot in command (PIC) may remove and install specialty equipment authorized in accordance with an exemption issued for that purpose or under the terms of an STC or field approval.

·        Traditional seating for the PIC of various aircraft does not always lend itself to be the safest position from which to conduct a flight. The primary seat may not be the optimal location, depending on the subject aircraft. The decision on where to sit may be determined by the PIC.

·        Additional provisions deemed appropriate to the Administrator to ensure safety of the operation should be prescribed by the FSDO (Figure 3‑55).

3-214      CONTENTS OF THE MOTION PICTURE AND TELEVISION OPERATIONS MANUAL. The applicant must submit an original and one copy of the motion picture and television operations manual. (Figure 3‑56 is a sample manual development guide for use by the applicant.) The manual must include at least the following:

A.     Pilot/Operator Organization.

·        Pilot/Operator name,

·        Address, and

·        Telephone number of applicant or responsible person.

B.     Distribution and Revision. This section contains procedures for revising the operations manual to ensure that all manuals are kept current. Revisions for the accepted operations manual shall be forwarded to the FSDO at least 15 days before the proposed effective date.

C.     Persons Authorized. Title 14 CFR § 91.119(c) is waived only with respect to those participating persons, vehicles, and structures directly involved in the performance of the actual filming. The operations manual will include procedures to ensure that no persons are allowed within 500 feet of the area except those consenting to be involved and necessary for the filming production. This provision may be reduced to no less than 200 feet if an equivalent level of safety can be achieved and the Administrator has approved it. For example, an equivalent level of safety may be determined by an ASI’s evaluation of the filming production area to note terrain features, obstructions, buildings, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident.

D.    Area of Operations. There will be a variety of operational needs, depending upon the activities of the applicant. Certain companies may confine their activities to a local area, while other pilot/operators may conduct activities throughout the entire U.S. and its territories and possessions. The manual shall define the area authorized by the Certificate of Waiver. While the waiver is issued by the pilot/operator’s local FSDO, the pilot/operator must coordinate with the FSDO having geographic responsibility over the area of the filming operations.

E.     Plan of Activities. The manual must include procedures for the pilot/operator to submit 3 days before scheduled filming and a written plan of activities to the local FSDO having jurisdiction over the area of proposed filming. The 3‑day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3‑day requirement is required. The plan of activities must include at least the following:

1)      Dates and times for all flights.
2)      Name and phone number of person responsible for the filming production event.
3)      Name and phone number of person responsible for the aircraft.
4)      Make, model, and serial or N‑number of aircraft to be used and type of airworthiness certificate, including category.
5)      Name and certificate number of pilots involved in the filming production event, including any notation of external load endorsements or aerobatic competency, if required.
6)      A statement that the waiver holder has obtained permission from property owners and/or local officials to conduct the filming production event. The list of those who gave permission must be made available to the inspector upon request from the waiver holder.
7)      Signature of waiver holder or representative.
8)      A description of the flight activity including maps or diagrams of any area, city, town, county, and/or State over which filming will be conducted and the minimum altitudes essential to accomplish the operation.

F.      Permission to Operate. The motion picture and television operations manual will specify requirements and procedures for the pilot/operator to obtain permission from property owners and/or local officials (e.g., police, sheriff, fire departments) as appropriate for the conduct of all operations when operating under the provision of the waiver.

G.    Security. The applicant will specify the method of security that will be provided to exclude all persons not directly involved with the operation from the location. In the interest of safety, provisions will be made to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason. If security is not needed “Not Applicable” should be entered.

H.    Briefing of Pilot/Production Personnel. Procedures will be included to brief participating personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on additional provisions that may be issued by the FSDO that has geographic responsibility for the operational area, including the location of boundaries or time limits. The briefing shall cover:

·        Authorization for motion picture and television certificate of waiver and the attached special provisions,

·        Operations manual,

·        Plan of Activities,

·        Aircraft parking and starting,

·        Taxi procedures,

·        Radio communications,

·        Takeoff procedures,

·        Aviation activities to be conducted during the filming production event,

·        Approach and landing procedures,

·        Recall procedures,

·        Emergency procedures,

·        Risks to participating personnel, and

·        How to control nonparticipating persons.

I.       Certification/Airworthiness. The aircraft may be certificated in any category, including experimental, provided the requirements of 14 CFR §§ 91.313, 91.319, and 91.203 are met. Procedures shall be included to ensure that aircraft inspections will be in accordance with the applicable parts of part 43, 91, or the assigned operating limitations.

J.      Pilot Personnel—Minimum Requirements. The pilot/operator shall establish and specify the minimum pilot requirements. Minimum requirements shall meet or exceed the following:

1)      A current U.S. Commercial pilot certificate with ratings appropriate to the category, class, and type (if applicable) of aircraft to be used under the terms of the waiver.
2)      At least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type.
3)      A minimum of 100 hours in the category and class of aircraft to be used.
4)      A minimum of 5 hours in the make and model aircraft to be used under the waiver.
5)      In the event that the 1,500‑foot minimum standard contained in 14 CFR § 91.303(e) is to be waived, the pilot performing aerobatic maneuvers must hold FAA Form 8710‑7, Statement of Acrobatic Competency, to perform the operations.
6)      In the event the operation to be conducted contains elements of an external‑load operation, whether fixed or rotary wing operations, pilots used in the operation shall be qualified. This qualification may be obtained through a knowledge test (which may be oral and/or written) and/or skill. The inspector or another company pilot approved by the geographically responsible FSDO who is qualified to carry loads externally will give the test(s) which are similar to part 133 requirements and cover the following subjects:
a)      Steps to be taken before starting operations, including a survey of the flight area.
b)      Proper method of loading, rigging, or attaching the external‑load.
c)      Aircraft performance capabilities under motion picture operating procedures and the aircraft flight manual.
d)      Proper instructions for flight and ground crew personnel.
e)      Aircraft flight manual, pilot operations handbook, or a rotorcraft‑load combination flight manual and limitations, if appropriate.

K.    Communications. The operations manual must contain procedures to provide communications capability to all participants during the actual operation and filming. The communications must be able to keep all the participants apprised of the current status of the operation.

L.     Accident Notification. The operations manual must contain procedures for notification and reporting of accidents, notifying National Transportation Safety Board (NTSB) 14 CFR part 830, and protection of the accident scene.

M.  Recall/Stop Procedures. The applicant can use radio communications, oral, visual, or any combination acceptable to the Administrator as long as it keeps the participants continuously apprised of the current status of the operation.

N.    Aerobatic Competency. If the filming operations require the issuance of FAA Form 8710‑7, Statement of Acrobatic Competency, refer to Volume 5, Chapter 9, Issue/‌Renew/‌Rescind a Statement of Acrobatic Competency.

3-215      REVIEW FAA FORM 7711‑2. Pertinent items are discussed below for clarity and uniformity. The application should be reviewed upon receipt for obvious discrepancies. The reviewing office must not alter the information submitted by the applicant on FAA Form 7711‑2.

A.     Items 1 and 2. If the applicant is a representative of an organization, the organization’s name shall appear in Item 1. The name of the individual and his/her position or authority to represent the organization (e.g., the responsible person) shall appear in Item 2. If the applicant is not representing others, the indication, N/A, shall be entered in Item 1 and the applicant’s name entered in Item 2.

B.     Item 4—14 CFR Sections Requested Waived. In many instances, the applicant does not know, or is not sure, which sections of 14 CFR are involved. A meeting with the applicant before acceptance of the application may be necessary.

C.     Item 5—Description of Operation. Using the term motion picture and television filming to describe the type of operation is sufficient for the applicant.

D.    Item 6—Area of Operation. Describe the geographical area of operations desired. A detailed description of any city, town, county, and/or state over which the filming production event operation must be submitted.

E.     Item 7—Beginning and Ending Dates. The applicant must list the beginning date and hour and the ending date and hour for the operation in this item. The dates requested must not exceed 24‑calendar‑months. In cases involving one‑time operations where an alternate date has not been indicated, the inspector should advise the applicant to request an alternate date in order to save time and unnecessary paperwork.

F.      Item 8—Aircraft and Pilot Information. When FAA Form 7711‑2 for authorization of motion picture and television operation is submitted, the applicant may not know the names of the pilots or the aircraft to be used in a particular operation. The application may be accepted with a notation in item 8 that a list will be provided along with the Plan of Activities.

G.    Item 9—Sponsorship. Not required.

H.    Item 10—Permanent Mailing Address of Sponsor. Not required.

I.       Item 11—Policing. Although it may be desirable, there is no specific requirement for the use of uniformed police or security guards. The need for special policing depends upon several factors.

1)      If fencing is used for crowd control, there may be little need for special crowd‑control personnel. On the other hand, if the sponsor intends merely to cordon off the designated areas with rope, it might be necessary to have special crowd‑control personnel.
2)      It must be remembered that it is not the FAA’s responsibility to control the crowd or to decide who can serve to police the filming production event.
3)      In every case, the applicant should be advised that it is his/her responsibility to ensure that all reasonable efforts are made to confine spectators to designated areas. If reasonable efforts have been taken and unauthorized persons or vehicles enter the operational area where maneuvers are being performed during the filming production event, the pilot/operators must halt the operation, and efforts must be made to remove them. All parties involved in the production and the inspector shall use good judgment when determining whether it is necessary to halt a filming production event to protect persons on the ground.

J.      Item 12—Emergency Facilities. Emergency facilities have also caused problems for production companies. As discussed previously, the application form serves as an all‑purpose form, and, therefore, contains items that may or may not be appropriate to emergency facilities. Some applications have been denied because the boxes for physician, ambulance, and fire truck were not filled in. Every filming production event sponsor should be encouraged to provide emergency medical service even though this service is not normally necessary. A physician or a rescue squad, paramedics, or emergency medical technicians may be sufficient. Normally, the following rules of thumb are adequate.

1)      Physician. Except for events that are a great distance (in a ground vehicle) from a hospital or medical clinic, an emergency rescue squad, paramedics, emergency medical technicians, or a first‑aid station can be substituted for a physician.
2)      Ambulance. If an emergency rescue squad is provided, an ambulance should also be provided. If there is a physician in attendance, any vehicle acceptable to the physician for emergency transportation is sufficient. In fact, many communities rely on a sheriff’s or local law enforcement officer’s vehicle as their only means of ambulance service.
3)      Fire Truck. For the most part, the presence of a fire truck at a filming production event is for the benefit of the performers, not the spectators. If the performers are willing to accept a pickup truck with hand‑held fire extinguishers, the FAA should not demand that the sponsor provide a bona fide fire truck with trained firefighters.
4)      Crash Wagon. Many locations where events are conducted do not have crash wagons available. If they are not available, the FAA should not require a sponsor to obtain one from a facility that might be hundreds of miles away. Again, crash wagons serve the performers, not the public.
5)      Other. A sponsor seldom needs to fill in this block. The following is an example of how the “Other” block might prove useful. In one filming production event, the sponsor had a helicopter and pilot continually ready for emergency transportation of spectators or performers who might be injured or who become ill during the filming production event. Additionally, a military‑trained firefighter and medic was standing by the helicopter with extinguishers in case one of the aircraft had an accident anywhere in the operating area. In this particular case, by describing this other emergency facility, the applicant could have been relieved of having to show anything in the preceding blocks.

K.    Item 13—Air Traffic Control (ATC). Not required.

L.     Item 14—Plan of Activities. The FAA must see a Plan of Activities in order to evaluate the application. For the purpose of reviewing the application, the schedule does not need to be detailed. It should contain at least a general description of the types of events for the filming production event and their sequence during the filming production event.

1)      The applicant must specify a date before the filming production event when he/she will provide a schedule of events. The schedule of events must list the identification of the aircraft and the performers in the sequence of their appearance. This list becomes a part of the official authorization of motion picture and television area of operation and waiver package. At the filming production event the scheduled order of events on the waiver may change because of weather, mechanical problems, etc. Such changes must be coordinated with the FSDO that issued the authorization and/or waiver.
2)      Any maneuvers added to the schedule of events will require FAA approval and should be submitted to the jurisdictional FSDO at the earliest opportunity. Cancellation of events does not require advance notice.

M.  Item 15—Signature Block. The responsible party must sign this block.

3-216      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of the regulatory requirements of 14 CFR part 91 and FAA policies and qualification as an aviation safety inspector (ASI‑operations).

B.     Coordination. This task may require coordination with the airworthiness unit within the district office, other district offices, regional offices, headquarters, the Aircraft Maintenance Division (AFS‑300), or appropriate air traffic facilities, and the General Aviation and Commercial Division (AFS‑800).

3-217      REFERENCES, FORMS, AND JOB AIDS.

A.     References.  (current edition):

·        Title 14 CFR parts 1, 21, 43, 61, 91, and 133.

·        PTRS Procedures Manual (PPM).

B.     Forms.

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑53).

·        FAA Form 7711‑2, Application for Certificate of Waiver or Authorization (Figure 3‑52).

·        FAA Form 8000‑36, Program Tracking and Reporting Subsystem Data Sheet.

·        FAA Form, 8710‑7, Statement of Aerobatic Competency.

C.     Job Aids. Sample letters and figures.

3-218      PROCEDURES.

A.     Determine if FAA Form 7711‑2 is required. Refer to paragraph 3‑37.

1)      If an FAA Form 7711‑1 is not required, terminate the task.
2)      If an FAA Form 7711‑1 is required:
a)      Provide the applicant with a copy of FAA Form 7711‑2 (Figure 3‑52), Instructions for Completion of FAA Form 7711‑2 (Figure 3‑54), and 14 CFR part 91 motion picture and television operations manual development guide (Figure 3‑56).
b)      Advise the applicant to complete items 1 through 15, as applicable, on FAA Form 7711‑2.

NOTE: NOTE: Item numbers 9, 10, 13, and 14 are not required for motion picture and television application of Certificate of Waiver or Authorization.

c)      Advise the applicant that the application must be submitted to the FSDO at least 45 days prior to the filming production event.
3)      If the applicant is also applying for a waiver of 14 CFR § 91.303(b) through (d) for a one‑time event:
a)      Advise the applicant that items 1 through 15 (except items 9, 10, 13, and 14) on FAA Form 7711‑2 must be completed.
b)      Advise the applicant that the application must be submitted to the FSDO at least 45 days prior to the filming production event.
c)      Advise the applicant that a motion picture and television filming operations manual must be prepared and submitted to the FSDO for review at least 45 days before the planned filming production event.

B.     Open PTRS.

C.     Receipt of FAA Form 7711‑2 and Motion Picture and Television Operations Manual, if Appropriate. Using the information provided by the applicant and the background in section 1, review FAA Form 7711‑2 and the operations manual for all pertinent information for the proposed filming production event. Accept strikeovers that are minor in nature and initialed by the applicant. Items 9, 10, 13, and 14 do not need to be completed for motion picture and television applications. The following is a guide for reviewing the completed Form 7711‑2.

1)      Items 1 and 2—Name of Organization/Name of Responsible Person. Ensure that the applicant has indicated the name of the organization or individual applying and the name of a person responsible for matters concerning the application.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant has indicated the Permanent‑mailing address of the organization or individual named in Item 1.
3)      Item 4—14 CFR Sections to be Waive. Ensure that the applicant has listed all sections of the regulations that need to be waived with regard to the filming production event.
4)      Item 5—Description of Operations. Ensure that the applicant has indicated the type of motion picture and/or television filming production event to be conducted.
5)      Item 6—Area of Operations.
a)      Ensure that the applicant has listed the specific locations and altitudes of the proposed filming production event.
b)      Ensure that the area of operation is within the jurisdiction of the district office.
6)      Item 7—Time Period.
a)      Ensure that a beginning date and hour and an ending date and hour for the filming production event has been indicated.
b)      Ensure that the time period indicated does not exceed 24 calendar‑months.
7)      Item 8—Aircraft and Pilots. Check for aircraft make and model, pilot names, and certificate numbers. Item 8 may be accepted with a statement, “A list containing aircraft and pilot information will be furnished on (applicant enters the specific date).”
8)      Items 9 and 10—Sponsorship. Not required.
9)      Item 11—Security. Ensure that the applicant has described provisions for policing the filming production event, if policing is necessary.
10)  Item 12—Emergency Facilities. Ensure that the applicant marked all items that will be available at the time and place of the event.
11)  Item 12—Air Traffic Control. Not required.
12)  Item 14—Schedule of Events. Not required.
13)  Item 15—Certification. Ensure that the applicant has signed and dated FAA Form 7711‑2 and each attachments to the application.
14)  If FAA Form 7711‑2 has not been completed:
a)      List the reasons for disapproval in the “Remarks” section of FAA Form 7711‑2.
b)      Prepare a letter of disapproval of application (Figure 3‑57) with a suspense date for submission of a corrected FAA Form 7711‑2.
c)      Retain a copy of the application for future comparison.
d)      Return the application, operations manual, if appropriate, and the letter of disapproval to the applicant.
e)      Make appropriate PTRS entries.
15)  If FAA Form 7711‑2 has been completed:
a)      Prepare FAA Form 7711‑1 if an operations manual is not required.
b)      If an operations manual is required and has been submitted, review the operations manual.

D.    Review Operations Manual. Ensure that the operations manual contains the items discussed in paragraph 3‑214.

1)      If the manual is unsatisfactory:
a)      Contact the applicant and explain areas of the operations manual that need to be corrected.
b)      Prepare a letter of non‑acceptance of the manual (Figure 3‑58) with a suspense date for submission of the corrected operations manual.
c)      Mark the “Disapproved” block of FAA Form 7711‑2, list reasons for the disapproval in the “Remarks” section of FAA Form 7711‑2, and sign and date in the “Action” block of FAA Form 7711‑2.
d)      Retain a copy of the operations manual for future comparison.
e)      Return the application, one copy of the operations manual, and the letter of non‑acceptance to the applicant.
2)      If the manual is satisfactory:
a)      Mark the Approved block on FAA Form 7711‑2, and sign and date in the action block of FAA Form 7711‑2.
b)      Prepare a letter of acceptance of an operations manual (Figure 3‑59).
c)      Continue with the task.

E.     Aerobatic Competency. Determine if FAA Form 8710‑7 is required.

1)      If the pilot/operator has requested a waiver of 14 CFR § 91.303(b) through (d), FAA Form 8710‑7 for motion picture and television filming must be issued.
2)      Refer to Volume 5, Chapter 9, Issue/‌Renew/‌Rescind a Statement of Acrobatic Competency.

F.      Prepare FAA Form 7711‑1.

1)      Fill in the inspector portion of FAA Form 7711‑1.
2)      Develop any special provisions that are not covered in the applicant’s operations manual.
3)      If 14 CFR § 91.303 or 91.515 is to be waived, refer to paragraphs 3‑154 and 3‑155 for additional provisions that may be required.
4)      Submit FAA Form 7711‑1 to the FSDO manager, or designated representative, for his/her signature. The designated representative may be no lower then the operations unit supervisor.
5)      Prepare a reminder notice/letter (Figure 3‑60) to the waiver holder reminding him/her that a plan of activities must be submitted and accepted before each filming production event, including any special provisions.

G.    District Office File.

1)      Prepare a district office file on the applicant that includes, but is not limited to, a copy of the following documents:

·        FAA Form 7711‑1 and the special provisions,

·        FAA Form 7711‑2,

·        Operations manual,

·        Notice/letter of disapproval of application (FAA Form 7711‑2),

·        Notice/letter of nonacceptance of the operations manual or

·        Notice/letter of acceptance of the operations manual,

·        Notice/letter of reminder and,

·        Any other documents of correspondence.

2)      Send the original of the following documents to the applicant:

·        FAA Form 7711‑1,

·        FAA Form 7711‑2,

·        accepted motion picture and television operations manual,

·        Notice/letter of acceptance of the operations manual, and

·        Notice/letter of reminder.

H.    Close PTRS. Make appropriate PTRS entries.

I.       Vital Information Subsystem (VIS). Establish a part 91 pilot/operator VIS record, if appropriate.

3-219      TASK OUTCOMES. Completion of this task results in one or more of the following:

·        Issuance of a certificate of waiver,

·        An accepted operations manual,

·        Letter of acceptance of the operations manual,

·        Letter of reminder to submit a plan of activities,

·        Part 91 VIS record,

·        Issuance of Statement of Acrobatic Competency Card, if required,

·        Disapproval of an application, and

·        A letter of nonacceptance of the operations manual.

3-220      FUTURE ACTIVITIES.

·        Reissue a Certificate of Waiver,

·        Cancellation of a Certificate of Waiver,

·        Review proposed revisions to the operations manual,

·        Review the pilot/operator’s plan of activities,

·        Surveillance of any operations approved by the certificate of waiver (volume 3, chapter 2),

·        Possible enforcement investigation,

·        Take part in an investigation as a result of an accident, incident, or violation of the regulations, and

·        Rescind FAA Form 8710‑7 or require re‑evaluation.

RESERVED. Paragraphs 3‑221 through 3‑235.

Figure 3-52, FAA Form 7711‑2, Application for Certification of Waiver or Authorization

 

Figure 3-53, FAA Form 7711‑1, Certificate of Waiver or Authorization

Figure 3-54, Instructions for Completion of FAA Form 7711‑2

1. PREPARING FAA FORM 7711‑2. Items from FAA Form 7711‑2 are discussed below for purposes of clarity and uniformity of its use. However, not all items on the form may be applicable to the application request. Items 9 through 14 apply to airshow and air race waiver requests only.

a.       Items 1 and 2—Name of Organization/Name of Responsible Person. If you are a representative of an organization, then the organization’s name should appear in Item 1. Your name and title or position, as the organization’s representative, for application purposes should appear in Item 2. If you are not representing an organization, the term “N/A” should be entered in Item 1 and your name in Item 2.

b.      Item 3—Permanent Mailing Address. Self‑explanatory.

c.       Item 4—14 CFR Section and Number To Be Waived. All applicable 14 CFR sections and numbers that are to be waived for the operation to be conducted must be listed in this item. If you are unsure which 14 CFR sections will need to be waived, contact the FSDO for guidance.

d.      Item 5—Detailed Description of Proposed Operations. It is sufficient to use the term “pipeline patrol,” “powerline patrol,” etc., for a description. However, additional detailed information may be included.

e.       Item 6—Area of Operation. A detailed description of any city, town, county, and/or state over which the operations will be conducted and the minimum altitude essential to accomplish the operation should be included in this item. The routes for powerline/‌pipeline operations must be depicted in cartographic or photographic form. This depiction should include every community, settlement, stadium, or other common gathering place located either side of the route. The depiction should also include the areas where powerlines and phone lines or any other obstructions cross the route.

f.        Item 7—Time Period. List the beginning dates and hours and the ending dates and hours the operation will be conducted. Maximum time period for operations is 24 calendar‑months (e.g., June 12, 1996 to June 30, 1998), except for NAFTA operations, in which the maximum time period for operations is 12 calendar‑months. The application should be submitted to the FSDO at least 45 days before the beginning date of the operation. For a onetime operation, consideration should be given to alternate dates. A request for alternate dates may prevent a delay and/or unnecessary paperwork. These alternate dates should be included in this item.

g.       Item 8—Aircraft Make and Model. List the names of all pilots, their certificate numbers and ratings, full home address, and all aircraft by make and model that will be used in the operation. If the type of aircraft and/or the names of the pilots are not known at the time the application is submitted, the FAA will accept the application with the statement, “A list containing aircraft and/or pilot information will be furnished on [insert date.]”

h.       Item 9—Sponsorship. Not required.

i.         Item 10—Permanent Mailing Address of Sponsor. Not required.

j.        Item 11—Policing. Not required.

k.      Item 12—Emergency Facilities. Not required.

l.         Item 13—Air Traffic Control. Not required.

m.     Item 14—Schedule of Events. Not required.

n.       Item 15—Certification. As the applicant or an organization’s representative, you must sign in this block and on each page of the application.

Figure 3-55, Sample Motion Picture and Television Operations Manual Special Provisions

The following special provisions are provided for reference only and may be selected and/or modified as determined by the issuing FSDO.

The certificate holder must adhere to the motion picture and television operations manual.

The controls, procedures, and conditions set forth in the (insert name of company) motion picture and television operations manual is the primary assurance that persons on the surface will not be jeopardized. This is the basis for issuance of the authorization and/or waiver. Therefore, failure to comply with the provisions of the manual will be considered a violation of the terms of the authorization and/or waiver and may constitute justification for cancellation of the authorization and/or waiver.

The aircraft and pilots used under this authorization and/or waiver will only be those specified in the (insert name of pilots and/or operators) motion picture and television operations manual or associated plan of activities. Each pilot’s name, and certificate number shall appear on each daily plan of activity.

All civil aircraft and pilot(s) participating in the activity shall be available for FAA inspection before the scheduled event.

The FAA has the authority to cancel or delay some or all participants or events if, in its opinion, the safety of persons or property on the ground or in the air is in jeopardy, or there is a contravention of the terms of the authorization and/or waiver.

Authority to deviate from the regulations is limited to the specific regulations shown on the Authorization of motion picture and television FAA Form 7711‑1, Certificate of Waiver or Authorization.

All flight operations conducted under the authorization of this waiver will be performed in accordance with 14 CFR § 91.155, basic VFR weather minimums, except as provided in the waiver holder’s motion picture and television operations manual, Special Provisions, Aerobatics.

Aircraft may not be flown along a path that would require excessive maneuvering to avoid nonparticipating persons on the surface in the event of an emergency.

The holder of this manual shall ensure that each pilot‑in‑command conducting operations authorized under this certificate understands the conditions of issuance, and that it constitutes a waiver of (insert applicable regulations (e.g., 14 CFR §§ 91.119(b) and (c), 91.303(e), and 91.515)).

Section 91.119(b) is waived only with respect to participating persons, vehicles, and structures directly involved in the performance of the actual filming. Flight operations closer than 500 feet (200 feet, if authorized) or over flight of a group of nonparticipating persons at less than 1,000 feet AGL are prohibited.

Rotorcraft takeoff and landing areas must be protected in a manner that will prevent unauthorized persons from entering the helipad area. The helipads must be located so the aircraft will not pass over nonparticipating personnel during takeoff and landing.

In the event of an accident considered to be the result of an event deficiency or procedure, flight operations will be canceled until the deficiency has been corrected and the correction accepted by the FSDO responsible for the geographic area in which the activity occurred.

The holder of the authorization and/or waiver shall ensure that the participating persons involved in the operations are thoroughly briefed on special procedures, communications, emergency procedures, and on the provisions of the authorization and/or waiver before beginning the activities. This requirement applies to all persons within 500 feet of the aircraft during waived activity. No person may participate in any event unless that person has received a briefing on the provisions of the waiver.

The holder of the (insert name of company) motion picture and television operations manual shall maintain primary responsibility for safeguarding persons and property on the surface.

The certificate holder must submit 3 days prior to scheduled filming, a written Plan of Activities to the FSDO having jurisdiction over the area of proposed filming. The 3‑day notification may be waived with the concurrence of the FSDO. Justification of the exception to the 3‑day requirement is required.

Aircraft operated under this authorization and/or waiver will have on board an airworthiness certificate appropriate for the operations being conducted.

Revision # (if appropriate)

_ _ _ FSDO Movie Manual Special Provisions

(enter date of issue)

Figure 3-56, Title 14 CFR Part 91 Motion Picture and Television Operations Manual Development Guide

Each motion picture and television operations manual must contain at least the following items, although it is not restricted to these items.

1. Pilot and/or Operator Organization.

2. Pilot and/or operator name, address, and telephone number of applicant.

3. List of pilots to be used during the filming, including their pilot certificate numbers. This information may be placed in the Plan of Activities. The list must include special pilot authorizations or endorsements (aerobatic, external load, etc.), if applicable.

4. List of aircraft by make, model, serial or registration number. This information shall be placed in the Plan of Activities.

5. Distribution and Revision.

(a) Procedures for revising the motion picture and television operations manual to ensure that all manuals are kept current. A list of effective pages may be appropriate.

(b) Revisions for the accepted motion picture and television operations manual should be forwarded to the FSDO at least 15 days before the proposed effective date.

6. Persons Authorized. The motion picture and television operations manual must include procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming production, are allowed within 500 feet of the filming production area. This provision may be reduced to no less than 200 feet in the event that a suitable, equivalent level of safety can be achieved. An equivalent level of safety may be determined by evaluation of the filming production area and the degree of terrain features, buildings etc. that will provide a safety barrier to observers.

7. Area of Operations. The motion picture and television operations manual must define the area (city, state or states, etc.) that will be used during the term of the authorization and/or waiver.

8. Plan of Activities. The motion picture and television operations manual must include procedures for the submission, 3 days prior to scheduled filming, which includes a written Plan of Activities, to the local FSDO having jurisdiction over an area of proposed filming. At the discretion of the FSDO, the 3‑day notification may be waived. Justification of the exception to the 3‑day requirement is needed. The manual shall indicate acknowledgment of the requirement for FAA acceptance of the Plan of Activities prior to beginning filming operations. The Plan of Activities must include at least the following:

(a)     Dates and times for all flights.

(b)     Name and phone number of person responsible for the filming production event.

(c)     Make, model, and serial number or registration number of aircraft to be used and type of airworthiness certificate, including category.

(d)     Names and certificate numbers of pilots involved in the filming production event.

(e)     A statement that permission has been obtained from property owners and/or local officials to conduct the filming production event.

(f)      Signature of waiver holder or a designated representative.

(g)     A general outline or summary of the flight activity schedule, including maps or diagrams of the specific filming location, if necessary.

9. Permission to Operate. The motion picture and television operations manual shall specify requirements and procedures that the waiver holder will use to obtain permission from property owners and/or local officials (e.g., police, sheriff, fire departments) as appropriate for the conduct of all filming operations when using the waiver.

10. Security. The manual must specify the method of security that will be used to exclude all persons not directly involved with the operation from the location. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.

11. Briefing of Pilot/Production Personnel. Procedures must be included to brief personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event. Personnel will also be briefed on any additional provisions that may be issued by the local FSDO, including the location of boundaries or any other time limits.

12. Certification/Airworthiness. Procedures must be included to ensure that inspections will be in accordance with 14 CFR parts 43 and 91 and applicable operating limitations. The aircraft to be used may be certificated in any category, including experimental, provided the requirements of part 91, §§ 91.7, 91.9, and 91.203 are met.

13. Pilot Personnel—Minimum Requirements. The pilot/‌operator must establish and specify the minimum pilot requirements. Minimum requirements should meet or exceed the following:

(a)     A current U.S. Commercial Pilot certificate with ratings appropriate to the category and class aircraft to be used under the terms of the waiver.

(b)     At least 500 hours logged as PIC and 20 hours of PIC in the aircraft type.

(c)     A minimum of 100 hours in the category and class of aircraft to be used.

(d)     A minimum of 5 hours in the make and model aircraft to be used under the waiver.

(e)     In the event that the 1,500‑foot minimum standard contained in § 91.303(d) is to be waived, the pilot performing aerobatic maneuvers must hold an FAA Form 8710‑7, Statement of Acrobatic Competency, for the operations to be performed.

(f)      In the event the operation to be conducted contains elements of an external‑load operation, whether fixed‑wing or rotary operations, pilots used in the operation shall be qualified. This qualification may be obtained through a test of knowledge (which may be oral or written) and/or skill. A FAA inspector will give the test(s) or another company pilot approved by the FSDO and who is qualified to carry loads externally. These tests will be similar to 14 CFR part 133 requirements and cover the following subjects:

·        Steps to be taken before starting operations, including a survey of the flight area.

·        Proper method of loading, rigging, or attaching the external‑load.

·        Aircraft performance capabilities under motion picture operating procedures and the Aircraft Flight Manual.

·        Proper instructions for flight and ground crew personnel.

·        Aircraft flight manual, pilot operations handbook, or a rotorcraft‑load combination flight manual, and limitations, if appropriate.

14. Communications. The motion picture and television flight operations manual must contain procedures to provide communications capability with all participants during the actual operation and filming. The applicant can use oral, visual, or radio communications as along as it keeps the participants continuously apprised of the current status of the operation.

15. Accident Notification. The motion picture and television flight operations manual must contain procedures for notification and reporting of accidents.

Figure 3-57, Sample Letter of Disapproval of an Application

FAA Letterhead

[date]

[applicant’s name and address]

Dear [applicant’s name]:

This letter informs you that the application you submitted on [indicate date] has been disapproved for the reasons listed in the “Remarks” section of FAA Form 7711‑2.

Please make the corrections noted and return to this office within 15 days of receipt of this letter.

If you have any questions or comments, please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

Figure 3-58, Sample Letter of Non‑acceptance of a Flight Operations Manual

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator name]:

This letter informs you that the motion picture and television flight operations manual submitted on [indicate date] has been determined unacceptable for the following reasons:

[list all reasons for non‑acceptance]

Please make the corrections noted, and resubmit to this office within 15 days of receipt of this letter.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

Figure 3-59, Sample Letter of Acceptance of a Flight Operations Manual

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator’s name]

This letter informs you that the motion picture and television flight operations manual submitted on [indicate date] has been accepted.

If you have any questions, please feel free to contact this office during regular business hours at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

Figure 3-60, Sample Letter of Reminder

FAA Letterhead

[date]

[pilot/operator’s name and address]

Dear [pilot/operator’s name]:

This letter is a reminder that a plan of activities must be submitted, as outlined in your accepted motion picture and television flight operations manual, to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming.

The plan of activities must be submitted at least 3 days before actual filming begins.

If you have any questions or comments, please feel free to contact this office at the following telephone number [indicate number].

Sincerely,

[principal operations inspector’s signature]

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 27  GROUND-DEICING/ANTI-ICING PROGRAMS

Section 1 General

3-2166              BACKGROUND. Section 1 of this chapter contains background information on ground-deicing/anti-icing of aircraft. Section 2 provides policy, direction, and guidance to Federal Aviation Administration (FAA) inspectors for evaluation and approval of operator procedures. Volume 6, Chapter 2, Section 15, of this handbook covers ground-deicing/anti-icing surveillance procedures. There are essential differences in the ground-deicing/anti-icing requirements of Title 14 of the Code of Federal Regulations (14 CFR) parts 121, 125, and 135. For example, part 121 requires a complete deicing/anti-icing program that includes the training and testing of all personnel involved in the ground-deicing/anti-icing process. On the other hand, part 135 requires training and testing for pilots only. Additionally, if a part 135 operator chooses to use personnel other than pilots to assist in the ground-deicing/anti-icing and verification process, then those individuals must receive adequate and appropriate training. Part 125 requires testing for pilots only; however, other personnel involved in the deicing/anti-icing process must receive adequate and appropriate training. Parts 125 and 135 operators have the option to elect to meet the deicing/anti-icing requirements of 14 CFR § 121.629(c) and institute a full deicing/anti-icing program. Recognizing that most inspectors will be required to inspect a variety of aircraft and operators, this chapter will attempt to present the differences in a meaningful manner. The inspector should become thoroughly familiar with the differences and requirements in 14 CFR covering operations in icing conditions.

3-2167              RULE. The current regulations in parts 121, 125, and 135 prohibit a takeoff when frost, ice, or snow (contamination) is adhering to the wings, control surfaces, or propellers of an airplane (See 14 CFR § 121.629(b), 125.221(a), and 135.227(a)). Traditionally, the pilot in command (PIC) has been held responsible for ensuring that critical surfaces of the aircraft are free of adhering frozen contaminants before takeoff. By the winter of 1991, an analysis of air carrier accidents led the FAA to conclude that many PICs had not been provided with sufficient information to ensure that the aircraft is free of frost, ice, and snow. Part 121 was amended in November 1992, and parts 125 and 135 were amended in January 1994 to provide specific rules for operating (that is, taking off) in weather conditions when frost, ice, or snow could reasonably be expected to adhere to the aircraft (ground-icing conditions).

3-2168              PART 121 GROUND-DEICING/ANTI-ICING.

A.     General. Section 121.629(b) prohibits takeoff when contamination is adhering to critical surfaces of an airplane or when takeoff would not be in compliance with § 121.629(c). The exception to that general rule is that the Administrator may approve takeoff with “frost under the wing in the area of the fuel tanks.” Section 121.629(c) requires a detailed, comprehensive, deicing/anti-icing program (part 121 ground-deicing program) if a certificate holder is going to operate “any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft” (ground-icing conditions). Section 121.629(d) provides a means for a certificate holder to operate without a program as required in § 121.629(c). If the operator does not have an FAA-approved deicing/anti-icing program,
§ 121.629(c) prohibits an air carrier from “dispatch, release, or takeoff” of an aircraft in ground-icing conditions.

Principal operations inspectors (POI) may refer to Advisory Circular (AC) 120-60, Ground-deicing and Anti-icing Program, for a detailed description of those elements that make up the program.

B.     Provisions and Exceptions. An exception to the requirements for a complete deicing/anti-icing program is contained in § 121.629(d), which provides that an air carrier is not required to have an approved deicing/anti-icing program if an Outside-the-Aircraft Check (OTAC) is completed within 5 minutes prior to beginning the takeoff. An OTAC must be performed from outside the aircraft to ensure that “wings, control surfaces, and other critical surfaces are free of frost, ice, and snow” when the certificate holder is operating in ground-icing conditions. If a certificate holder chooses to operate in accordance with § 121.629(d), the requirement for an OTAC must be documented in its operations specifications (OpSpecs).

3-2169              PART 121 DEFINITIONS.

A.     Pretakeoff Check. A pretakeoff check is a check of the aircraft’s wings or representative aircraft surfaces for frost, ice, or snow within the aircraft’s hold over time. This check is required when the certificate holder operates (that is, intends to takeoff) in ground-icing conditions, the aircraft has been deiced/anti iced, and a hold over time is established. This check is accomplished within the hold over time range, and is normally accomplished by the flightcrew from inside the cockpit. The pretakeoff check requires the flightcrew to check the aircraft’s wings or representative aircraft surfaces for contamination as well as to assess the current weather or other situational conditions. The pretakeoff check is integral to the use of hold over times. If hold over times are used, at least one pretakeoff check must be performed.

B.     Pretakeoff Contamination Check.

1)      A pretakeoff contamination check is a check that the flightcrew and ground personnel conduct after the hold over time has been exceeded to make sure that the wings, control surfaces, and other critical surfaces, as defined in the operator’s program, are free of frost, ice, and snow. The pretakeoff contamination check must be completed within 5 minutes before beginning the takeoff. Operators must have-aircraft specific procedures for use by flight crewmembers and qualified ground personnel while conducting the check to ensure that the aircraft’s wings, control surfaces, and other critical surfaces remain free of frost, ice, or snow when a hold over time has been exceeded.
2)      The pretakeoff contamination check must be conducted from outside the aircraft for the following:

·    Hard-wing airplanes with aft, fuselage mounted, turbine-powered engines

The check for these airplanes must include a tactile check of selected
portions of the wing-leading edges and the upper wing surfaces. Alternatives
to a tactile check may be approved only with concurrence of the manager of the
Flight Standards, Air Transportation Division, AFS-200.

·    For all other airplanes, unless the operator shows that the check can be adequately accomplished from inside the airplane. POIs may refer to
AC 120-60 for additional guidance.

C.     Outside-the-Aircraft Check (OTAC). An OTAC is a check that must be accomplished from outside the aircraft. Section 121.629(d) requires an OTAC of a certificate holder who operates in ground-icing conditions without an approved part 121 ground-deicing/anti-icing program. For those operators without an approved program, any time frost, ice, or snow may reasonably be expected to adhere to the aircraft, an OTAC must be performed to ensure that the wings, control surfaces, and other critical surfaces are free of contamination. An OTAC must occur within 5 minutes prior to beginning the takeoff.

D.    Hold Over Time. Hold over time is the estimated time deicing/anti-icing fluid will prevent the formation of frost or ice, and the accumulation of snow on the treated surfaces of an aircraft. Hold over time begins when the final application of deicing/anti-icing fluid commences and expires when the deicing/anti-icing fluid applied to the aircraft loses its effectiveness.

3-2170              PART 121 GROUND-DEICING/ANTI-ICING PROGRAM. In order for the certificate holder to have an approved ground-deicing/anti-icing program that complies with
§ 121.629(c), each operator’s ground-deicing/anti-icing program must cover the following four areas as described in AC 120-60:

·    Management plan detailing operational responsibilities and procedures;

·    Hold over timetables and procedures for their use;

·    Procedures and responsibilities for aircraft ground-deicing/anti icing, pretakeoff check and pretakeoff contamination check procedures; and

·    Initial and recurrent ground training and/or testing for flight crewmembers and qualification for all other affected personnel, as applicable.

3-2171              MANAGEMENT PLAN. The operator should develop, implement, and use a management plan to ensure proper execution of its approved deicing/anti-icing program. The management plan should include operations and maintenance responsibilities and identify the management positions that are responsible for ensuring that all necessary elements of the deicing/anti-icing program are properly executed.

3-2172              HOLD OVER TIMETABLES AND THE PROCEDURES FOR THEIR USE.

A.     Hold over Timetables. Each operator is required to develop, and have available, hold over timetables for use by its personnel. In addition, each operator must make its hold over timetables available for use in the cockpit. These timetables are required to be supported by data acceptable to the Administrator. Currently, the only acceptable data is that developed by the Society of Automotive Engineers (SAE) and International Standards Organization (ISO).
ARP 4737, “Aircraft Deicing/Anti-icing Methods with Fluids, for Large Transport Aircraft,” and ISO 11076, “Aerospace Aircraft Deicing/Anti-icing Methods with Fluids,” contain the tables that are currently considered acceptable for use by the operators to develop their timetables.

POIs may refer to AC 120-60 for additional guidance regarding the development of procedures for increasing or decreasing determined hold over times.

B.     Takeoff Within a Hold over Time. If takeoff is conducted within the hold over time, § 121.629(c)(4) requires at least one pretakeoff check of the wings or representative surfaces to be completed by the flightcrew within the hold over time range prior to the takeoff. Operators’ manuals should contain detailed procedures regarding the use of the timetables in their operations. Section 121.629(c)(3) requires that the operator’s program contain procedures for the flight crewmembers to increase or decrease the determined hold over time in changing weather conditions.

C.     Takeoff After the Hold over Time Is Exceeded. Under § 121.629(c), takeoff after the hold over time is exceeded is permitted only if one or more of the following actions have been taken:

·    A pretakeoff contamination check is made to ensure that wings, control surfaces, and other critical surfaces, as defined in the certificate holder’s program, are free of frost, ice, or snow;

·    It is otherwise determined by an alternative procedure, which was developed by the operator and approved by the FAA (for example, wing-icing sensors) that the wings, control surfaces, and other critical surfaces as defined in the certificate holder’s program, are free of frost, ice, or snow; and

·    The wings, control surfaces, and other critical surfaces have been redeiced and a new hold over time has been established.

3-2173              PART 135 GROUND-DEICING/ANTI-ICING TRAINING AND CHECKING RULE.

A.     General. Section 135.227(a) prohibits a pilot from taking off in an aircraft that has “frost, ice, or snow adhering to any rotor blade, propeller, windshield, wing, stabilizing or control surface, to a powerplant installation, or to an airspeed, altimeter, rate of climb, or flight attitude instrument system...” As evident by the use of the term rotor blade, helicopters are subject to the regulation. There are two exceptions to the regulation:

1)      Section 135.227(a)(1) allows that “takeoffs may be made with frost adhering to the wings, or stabilizing or control surfaces, if the frost has been polished to make it smooth.”
2)      Section 135.227(a)(2) allows that “takeoffs may be made with frost under the wing in the area of the fuel tanks if authorized by the Administrator.”

B.     Provisions in Part 135 Ground-Deicing/Anti-Icing Rule. Section 135.227(b) requires pilot training in accordance with 14 CFR § 135.341 if a certificate holder is going to operate (that is, takeoff) “any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the airplane...” (ground-icing conditions). In addition to pilot training, § 135.227 requires a pretakeoff contamination check (see paragraph 3-1699 of this section). Therefore, if the certificate holder is operating in ground-icing conditions, it must have a pilot training program, which the pilot has completed, in accordance with § 135.341 and the pilot must conduct a pretakeoff contamination check. Exceptions to the regulation that requires a pretakeoff contamination check when operating in ground-icing conditions are as follows:

1)      Administrator may approve an alternative procedure developed by the operator to ensure the wings and control surfaces are free of contamination (for example, wing-icing sensors); or
2)      The operator may comply with the part 121 ground-deicing rule.

C.     Important Differences Between the part 121 Ground-deicing Rule and the
part 135 Ground-deicing Rule.
When compared to the part 121 ground-deicing regulation, the part 135 ground-deicing rule differs in the following respects:

1)      Only pilot training and checking is required to be conducted in accordance with
§ 135.345(b)(6)(iv).
2)      The use of hold over times and tables when operators use deicing/anti-icing fluids is only advisory in the part 135 ground-deicing rule.
3)      A pretakeoff contamination check must be performed whenever a part 135 certificate holder is operating in ground-icing conditions.

3-2174              PRETAKEOFF CONTAMINATION CHECK. A pretakeoff contamination check is a check to make sure the wings and control surfaces are free of frost, ice, or snow. Section 135.227 requires that a pretakeoff contamination check be completed within 5 minutes prior to beginning the takeoff. It may be accomplished from inside or outside the aircraft and may be visual, tactile, or a combination, as long as the check is adequate to ensure the absence of contamination. The operator’s POI must approve the pretakeoff contamination check procedures for each specific type of aircraft operated by the certificate holder. Also, the operator’s OpSpec A023 or A041, as applicable, must reference or describe the pretakeoff contamination check.

3-2175              APPROVALS FOR PART 135 OPERATORS. If a part 135 operator chooses to use a ground-deicing/anti-icing program (121.629(c)), the POI will issue OpSpec A023 to approve that program. If a part 135 operator chooses not to use a ground-deicing/anti-icing program, the POI will issue OpSpec A042. The POI will authorize a pretakeoff contamination check by issuing OpSpec A041, in accordance with § 135.227. (See Volume 3, Chapter 18, Section 3, Part A Operations Specifications—General.)

3-2176              APPLICABILITY OF THE PART 135 GROUND-DEICING RULE.

A.     Certificate Holder Who Does Not Operate in Ground-icing Conditions. The
part 135 ground-deicing rule does not apply to a certificate holder who does not operate in ground-icing conditions. Under the regulation, ground-icing conditions exist any time weather conditions are such that frost, ice, or snow may reasonably be expected to adhere to the airplane. The certificate holder who does not operate in ground-icing conditions is not required to train its pilots or develop pretakeoff contamination procedures. Certificate holders who do not operate in ground-icing conditions must be issued OpSpec A042.

B.     Operators Who Use Only One Pilot in Their Operations. Operators who use only one pilot in their operations (single-pilot operator) are not required to comply with the manual and approved training requirements of § 135.21 or § 135.341. Therefore, single-pilot operators are not required to have an approved pilot training program nor the additional training required by the part 135 ground-deicing rule. However, single-pilot operators must comply with all the operational requirements of the part 135 ground-deicing rule. Those operational requirements include a pretakeoff contamination check or an approved alternative procedure to the pretakeoff contamination check described in its OpSpecs. The pilots of these types of operators will need to demonstrate knowledge to operate in ground-icing conditions during the initial and recurrent flight checks. A single-pilot operator will have an aircraft specific description of the pretakeoff contamination check in OpSpec A023 or A041, as applicable. If the operator does not operate in ground-icing conditions, OpSpec A042 must be so documented and issued.

C.     Helicopter Operations. Helicopter operations conducted under part 135 are excluded from the additional training and pretakeoff contamination check requirements of the part 135 ground-deicing rule. However, the regulation requires helicopter operations to be conducted in accordance with the operating limitations of § 135.227

3-2177              TRAINING REQUIREMENTS OF THE PART 135 GROUND-DEICING RULE. If an operator is required to have an approved training program, that training program must include pilot ground training relating to deicing and anti-icing operations required by § 135.345 for initial, transition, and upgrade training and by § 135.351 for recurrent training and testing. These training requirements must include procedures for operating airplanes during ground-icing conditions. The operator must provide that training to its pilots and all other participating personnel. The training must include at least the following elements:

A.     Use of Hold Over Times. In part 135 operations, hold over times are only advisory and serve as guidance to the pilot in making takeoff decisions. If the operator uses the deicing/anti-icing fluids, it must train its pilots in the use of hold over times.

B.     Airplane Deicing/Anti-icing Procedures. Airplane deicing/anti-icing procedures include responsibilities, requirements, and inspections and check procedures for the pretakeoff contamination check or alternative procedures, as applicable.

C.     Communications. The operator must provide training for all company personnel in communicating with all agencies involved in the deicing/anti-icing process and the decision making process.

D.    Contamination. Aircraft surface contamination training includes how to identify frost, ice, or snow, and how to locate critical areas. Training should include an explanation of how small amounts of surface contamination adversely affect aircraft performance and flight characteristics.

E.     Deicing/Anti-icing Fluids. If the operator uses deicing/anti-icing fluids, it must train its pilots, as well as any other participating personnel, in the types and characteristics of deicing/anti-icing fluids.

It is important that flightcrews do not use deicing/anti-icing fluids unless they have been trained in the characteristics and effects of these fluids on their operation.

F.      Cold Weather Preflight Inspection Procedures. Training should include procedures for cold weather preflight inspections.

G.    Contamination Recognition. This aspect of training should cover techniques for recognizing contamination on the aircraft for use during both the preflight inspection and the pretakeoff contamination check.

All training should be aircraft specific. When an operator has different kinds of aircraft, any unique characteristics of these aircraft while operating in ground-icing conditions should be covered.

Other than part 135 single-pilot operators, who must have the pretakeoff contamination check procedures described in their OpSpecs, both part 121 and 135 operators must have documentation in their general manuals (GM) or flight manuals for the procedures they intend to use to comply with their respective deicing/anti-icing rule. These procedures may include descriptions of how and by whom the pretakeoff contamination check will be accomplished, and how the operator will comply with its approved deicing/anti-icing procedures. If an operator elects to not fly when frost, ice, or snow may reasonably be expected to adhere to the surface of an aircraft, that operator’s manuals should contain specific guidance to that effect. This guidance should caution flight crewmembers that this operator does not have deicing/anti-icing procedures in effect and does not authorize takeoff during ground icing conditions.

Inspectors should use this handbook section for background material when reviewing those sections of operators’ manuals and procedures concerning ground-deicing/anti icing.

3-2178              SOURCES OF INFORMATION. The following publications may be useful to inspectors and operators for developing, reviewing, and approving a ground-deicing/anti-icing program.

A.     AC 20-117, Hazards Following Ground-deicing and Operations in Conditions Conducive to Aircraft Icing.

B.     This AC contains useful background information and also contains an extensive bibliography of related FAA and private sector publications, training materials, and other deicing/anti-icing or related information.

C.     Publications of the SAE:

·    AMS 1424, “Deicing/Anti-icing Fluid, Aircraft, Newtonian SAE Type I”; and

·    AMS 1428, “Fluid, Aircraft Deicing/Anti Icing, Non Newtonian, Pseudoplastic, SAE Type II”.

D.    SAE ARP4737. This publication of the SAE contains hold over tables and information on how they are developed as well as information on the inspection of aircraft.

E.     ISO Publications:

·    ISO 11075, “Aerospace Aircraft Deicing/Anti-icing Newtonian Fluids ISO
Type I”;

·    ISO 11076, “Aerospace Aircraft Deicing/Anti-icing Methods with Fluids”;

·    ISO 11077, “Aerospace Deicing/Anti-icing Self Propelled Vehicles Functional Requirements”; and

·    ISO 11078, “Aerospace Aircraft Deicing/Anti-icing Non Newtonian Fluids ISO Type II”.

F.      AC 120-60, Ground-deicing and Anti-icing Program. This AC contains information on how operators may develop acceptable ground-deicing/anti-icing programs to comply with
§ 121.629(c).

G.    AC 135-16, Ground-deicing & Anti-icing Training & Checking. This AC contains information on how operators may develop acceptable ground-deicing/anti-icing programs to comply with § 135.227.

H.    AC 120-58, Pilot Guide Large Aircraft Ground-deicing.

I.       Computer-Based Instruction (CBI) Programs:

·    Course 27019 – Ground-deicing/Anti-Icing for Airworthiness ASIs (on eLMS)

·    Course 2020 – Ground-deicing/Anti-icing for Operations ASIs (on eLMS)

J.      Winter Operations Guidance for Air Carriers. This publication contains a number of ACs and articles relevant to the topic. Specific publications are listed here in case they need to be obtained and used separately:

·    AC 91-13, Cold Weather Operation of Aircraft;

·    AC 65-9A, Cold Weather Suggestions (see Chapter 11);

·     “Winter Operations,” Douglas Aircraft Company;

·    Air Carrier Operations Bulletin (ACOB) 7-82-2, Cold Weather Procedures;

·    AC 65-15A, Deicing/Anti-icing Systems of Aircraft (see Chapter 7);

·    AC 20-73, Operational Factors;

·    AC 135-9, Title 14 CFR Part 135 Icing Limitations;

·    AC 23.1419-1, Certification of Small Airplanes for Flight in Icing Conditions;

·    FAA P-8740-24, Tips on Winter Flying, General Aviation;

·    ACOB 7-81-1, Aircraft Deicing and Anti-icing Procedures;

·    FAA Order 8430-1A, Maintenance Bulletins, “Deicing of Aircraft with Engines Operating”;

·    “Deicing/Anti-icing Fluids Evaluation,” Boeing of Canada, De Havilland Division Dash 8, all operator message No. 48;

·    “Icing Precautions and Procedures,” Boeing of Canada, De Havilland Division Dash 8, all operator message No. 49;

·    “Wing Upper Surface Ice Detection MD 80,” Douglas Aircraft Company Douglas Service, First Quarter, 1990;

·    “Aerodynamic Effects of Deicing Fluids,” Boeing Airliner, Oct.-Dec. 1989;

·    “Airplane Ground-deicing/Anti Icing,” Boeing Airliner, Oct.-Dec. 1989;

·    “Deicing/Anti Icing,” Boeing Airliner, Oct.–Dec. 1989;

·    “Winter Operations—An Update,” Boeing Airliner, Oct.-Dec. 1989;

·    AC 91-6, Water, Slush, and Snow on the Runway;

·    ACOB 8-83-1, Effects of Leading Edge Contamination on Aerodynamic Performance; and

·    ACOB 8-83-1, Turbojet Aircraft Engine Icing During Prolonged Operations in Icing Conditions.

Numerous video tapes have been produced by manufacturers of
deicing/anti-icing products and by aircraft operators. Access to these tapes may be available through the regional deicing/anti-icing coordinator or Flight Standards
Training Division, AFS-500.

RESERVED. Paragraphs 3-2179 through 3-2194.

 

2/20/08                                                                                                                         8900.1 CHG 0

VOLUME 3       GENERAL TECHNICAL ADMINISTRATION

chapter 27  GROUND-DEICING/ANTI-ICING PROGRAMS

Section 2 Approval of Parts 121, 125 and 135 Procedures 

3-2195     GENERAL. This section contains policy, direction, and guidance to inspectors for review, evaluation, and approval of deicing/anti-icing procedures. The requirements for operations in ground-icing conditions are covered in Title 14 of the Code of Federal Regulations (14 CFR) §§ 121.629, 125.221, and 135.227.

A.     Part 121 Regulatory Requirement. Section 121.629 requires that an operator conducting operations when conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft must satisfy the following criteria:

·    Have and use an approved aircraft ground-deicing/anti-icing program in accordance with § 121.629(c); or

·    Be issued operations specification (OpSpec) A023 in accordance with
§ 121.629(d), which requires the operator to perform an Outside-the-Aircraft Check (OTAC) within 5 minutes prior to beginning takeoff to ensure that the wings, control surfaces, and other critical surfaces are free of frost, ice, and snow. See Volume 3, Chapter 18, Section 3 for more information about OpSpecs.

Operators who elect to operate in accordance with § 121.629(d) must have the procedures for their OTAC in their appropriate manuals and be approved by the principal operations inspector (POI) prior to conducting operations when frost, ice, or snow may reasonably be expected to adhere to the aircraft.

To be eligible for approval, the OTAC procedure for all aircraft must include a provision for close visual scrutiny of selected portions of all of the critical surfaces of the particular type aircraft to be checked. In addition, for hard-wing airplanes with aft, fuselage mounted, turbine-powered engines, the OTAC procedure must also include a tactile check of selected portions of the wing-leading edges and the upper wing surfaces.

B.     Part 125 Regulatory Requirement. Part 125 operators are required to comply with the operating limitations of § 125.221, and the testing requirements of § 125.287. Principal Inspectors (PI) will issue OpSpec A041 to authorize a pretakeoff contamination check (not necessarily outside the aircraft). A part 125 certificate holder may choose to comply with § 121.629(c) by having an approved ground-deicing/anti-icing program, in which case the PI will issue OpSpec A023, and operators must have appropriate procedures in their general manuals (GM) showing how they are complying with 14 CFR. If a part 125 operator chooses to operate without a pretakeoff contamination check or without a § 121.629(c) program, then PIs may only authorize them to operate when ground-icing conditions do not exist by issuing OpSpec A042. See section 3 for more information about OpSpecs.

C.     Part 135 Regulatory Requirement.

1)      Section 135.227 restricts operations when an aircraft has frost, ice, or snow adhering to any rotor blade, propeller, windshield, wing, stabilizing or control surface, powerplant installation, or instrument system. In order to comply with § 135.227, operators must meet the applicable training requirements of §§ 135.341, 135.345, and 135.351 and comply with the following:

·    Be issued OpSpec A023 (for outside the aircraft pretakeoff contamination check) in accordance with § 135.227(f), which requires the operator to perform a pretakeoff contamination check within 5 minutes prior to beginning takeoff to ensure that the wings, control surfaces, and other critical surfaces are free of frost, ice, and snow; or

·    Have a Federal Aviation Administration (FAA) approved alternative procedure to determine that the airplane is free of frost, ice, or snow; or

·    Have an FAA approved aircraft ground-deicing/anti-icing program in accordance with § 121.629(c) (OpSpec A023)

2)      A part 135 certificate holder may choose to comply with § 121.629(c) by having an approved ground-deicing/anti-icing program, in which case the PI will issue OpSpec A023, and operators must have appropriate procedures in their GMs showing how they are complying with 14 CFR. If a part 135 operator chooses to operate without a pretakeoff contamination check or without a § 121.629(c) program, then PIs may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See section 3 for more information about OpSpecs.

3-2196              APPROVAL PROCESS.

A.     Part 121 Operators. The approval of the part 121 operator’s ground-deicing/anti-icing program follows the five step general process for approval and acceptance outlined in Volume 3, Chapter 1, Section 1 of this handbook.

B.     Part 125 Operators. The use of the following process for part 125 operators would be helpful, but is not required unless the operator elects to develop a deicing/anti-icing program in accordance with § 121.629(c). However, OpSpec A023 should be issued to clarify the approved deicing/anti-icing program for each part 125 operator.

C.     Part 135 Operators. Part 135 deicing/anti-icing requirements are fulfilled in the completion of an approved deicing/anti-icing training program and by the issuance of OpSpec A023. Standard procedures for approval of part 135 operator training programs and the issuance of OpSpecs apply. OpSpec A041 must describe or reference pretakeoff contamination check procedures for each specific airplane type. These procedures must also be contained in the operator’s GM.

D.    OpSpecs paragraph A023. When an operator has met the requirements for operations in ground-icing conditions under parts 121, 125, or 135, as appropriate, the POI should issue OpSpec A023.

E.     Five Step Approval Process. Should an operator elect to develop a deicing/anti-icing program in accordance with § 121.629(c), the following standard approval process would apply. For purposes of clarity and description, the five stage process is described in this section as five separate and distinct stages. In practice, the stages may overlap, and PIs are authorized to vary the process to fit the circumstances.

F.      Evaluation of Operator’s Program. The approval process requires the evaluation of the operator’s program by a team of inspectors, which is composed of the POI, the principal maintenance inspector (PMI), and inspectors of both operations and airworthiness specialties working under their leadership. The principal avionics inspector (PAI) will become preeminent in the approval process with the advent of icing sensors, which are currently under development, and which will offer an alternative means of determining that the aircraft is free of frost, ice, and snow.

G.    Issuance of OpSpecs. At the successful conclusion of the process, the operator is issued OpSpecs that authorize the operator to conduct operations under the program when conditions exist such that frost, ice, or snow may reasonably be expected to adhere to the operator’s aircraft. If a certificate holder elects to operate according to § 121.629(d), the certificate holder must be issued an OpSpec requiring an OTAC.

An operator who is required to conduct an OTAC may deice/anti-ice the
aircraft, but may not omit the checking procedures by virtue of having done so.

3-2197              PHASE ONE-INITIAL DISCUSSION. Phase one begins when the operator initially approaches the FAA to obtain approval of a ground-deicing/anti-icing program.

A.     Become Familiar with Technical Problems and Regulatory Requirements. At this stage, both the FAA team and the operator must become familiar with the technical problems involved and the regulatory requirements. A discussion of these elements is contained in Advisory Circular (AC) 120-60A, Ground-deicing and Anti-icing Program, and AC 135-16, Ground-deicing & Anti-icing Training and Checking. Section 1 of this chapter includes a listing of documents the operator may find useful in developing a program. PIs should ensure that the operator is aware of these sources of information.

B.     Outline Required Elements. The PIs should outline for the operator those elements that must be contained in the operator’s proposed program and the actions that will be required at each stage of the approval process. See section 1 (the previous section).

3-2198              PHASE TWO-INITIAL OPERATOR SUBMISSION. Phase two begins when the operator initially submits a proposed program package. The principal inspectors’ first action is to review the operator’s submission to determine if each element specified in phase one is included. If the operator’s initial program is incomplete, the PIs must immediately inform the operator and determine what action the operator proposes to take to complete the package. If the operator’s package is complete or the PIs determine that it will soon be complete, the PIs should distribute the elements to the appropriate inspectors for a prompt initial examination. PIs should return obviously unacceptable packages to the operator with a letter outlining the deficiencies.

3-2198

A.     Initial Examination. The initial examination does not include a detailed operational or technical evaluation (this analysis is conducted in phase three). The phase two examination is conducted in sufficient detail to assess the completeness of the operator’s package. Inspectors assigned to complete the initial review should promptly complete the initial evaluation and inform the PIs of their findings.

B.     Unacceptable Elements. At this point it is appropriate for the PIs to hold a meeting with the operator to discuss any obviously unacceptable elements of the program. Under unusual circumstances, the PIs may need to return the operator’s entire package with a written statement that explains why the submission is unacceptable.

C.     Initially Acceptable Package. When the operator’s package is initially acceptable, the PIs should inform the operator and provide an estimate of when the operator can expect to be informed of the phase three analysis results.

3-2199              PHASE THREE-PRELIMINARY APPROVAL. Phase three consists of a detailed analysis of the operator’s ground-deicing/anti-icing program, training, equipment, and facilities. Throughout phase three, inspectors and operators should expect to encounter various deficiencies. Inspectors and operators should plan to meet and work closely to agree on corrections for these deficiencies throughout phase three.

A.     Document Review. The first step in phase three is a detailed review and analysis of those manual sections the operator has prepared for the ground-deicing/anti-icing program.

1)      Section 121.135(a)(1) requires the manual to provide all categories of employees with sufficient instructions and information to allow them to perform their duties with a high degree of safety. § 125.71(a) requires a current manual establishing the operator’s procedures, and policies that are acceptable to the Administrator. Section 135.21(a) requires the certificate holder to prepare and keep current a manual establishing the procedures and policies, which are acceptable to the Administrator that must be used by flight, ground, and maintenance personnel.
2)      The operator’s GM, including those sections concerning the ground-deicing/anti-icing program, does not require FAA approval. However, the appropriate principal inspector must review and find acceptable the appropriate sections of the manual before the FAA grants initial approval to the operator to conduct a ground-deicing/anti-icing program. The operator is granted approval by means of OpSpecs. After the operator receives initial approval of the program or procedures, the applicable PIs may require the operator to further revise manual contents.
3)      See Volume 3, Chapter 32 of this handbook for general guidance on review and acceptance of operator manuals, procedures, and checklists. Inspectors should ensure that the content of the operator’s manual meets the following criteria:

·    Identifies clearly each category of employee with responsibility for program elements;

·    Defines the duties of each category of employee involved; and

·    Provides adequate background information, step-by-step procedures and, when appropriate, checklists that allow each category of employee to perform to the required standard.

The experience gathered during deicing/anti-icing surveillance has shown that when holdover times have been exceeded, the most critical area of an operator’s ground-deicing/anti-icing program is an adequate pretakeoff contamination check (OpSpec A023). It is essential for the POI to ensure that the operator’s procedures offer the means for personnel to adequately determine that the aircraft is free of contamination before a takeoff during conditions when frost, ice, or snow may reasonably be expected to adhere to the aircraft. This becomes more critical if the POI authorizes the pretakeoff contamination check to be conducted from inside the airplane (OpSpec A041).

B.     Training Program Review. The requirements of parts 121 and 135 will vary to some extent. The inspector should make a careful review of the requirements of the applicable part of 14 CFR before conducting the training program review. Section 121.629(c)(2) covers the initial and recurrent training requirements for operators who wish to receive approval under § 121.629(c). Section 135.345(b)(6)(iv) covers the training requirements for operators seeking approval under § 135.227(f). The operator must prepare a training/testing program to qualify required ground-deicing/anti-icing employees to perform their assigned duties.

1)      The training must include both general procedures and the specific requirements of each make, model, series, and variant of aircraft.
2)      The training program must include a means of testing and qualification for each category of employee who is covered under the approved program and who checks, inspects, deices, anti ices, releases, dispatches, or operates an aircraft.
3)      The operator’s training program must include flightcrew and dispatcher training.

C.     Facilities and Equipment. The operator must acquire and deploy the equipment to accomplish ground-deicing/anti icing. Inspectors should plan to inspect some or all of the facilities at which this equipment is deployed (depending on the size of the operator) before granting initial approval. Some operators fulfill part of this requirement by demonstrating the knowledge of procedures and equipment during nonicing conditions prior to the deicing/
anti-icing season. Inspectors must also evaluate coordination procedures between the airport operator and the air traffic control (ATC) facility at the airport.

D.    OpSpecs for Operators with Ground-deicing/Anti-icing Program Approval. When the POI and PMI are satisfied that the operator is able to begin ground-deicing/anti-icing operations, they should issue OpSpec A023. The OpSpecs should reference the sections of the operator’s manual that contain the operations and airworthiness portions of the operator’s program.

3-2200              PHASE FOUR-VALIDATION TESTING. Phase four consists of a validation of the operator’s procedures in actual operations. This process consists of a progressive refinement of the operator’s manuals, checklists, and procedures as experience is gained and FAA surveillance reports become available.

A.     Reason for Surveillance. Surveillance of the operators’ ground-deicing/anti-icing programs or procedures is necessary to evaluate the effectiveness of these programs as well as to provide input on the adequacy of the rule requirements. Surveillance will further identify problem areas and will facilitate corrective action. The intended result of this surveillance program is to promote a safe winter operating season.

1)      Surveillance Prerequisites. As a prerequisite to conducting surveillance, inspectors should review §§ 121.629, 125.221, and 135.227; AC 120-60, Ground-deicing and Anti-icing Program; AC 120-58, Pilot Guide to Large Aircraft Ground-deicing; AC 20-117, Hazards Following Ground-deicing and Operations in Conditions Conducive to Aircraft Icing; and must  the appropriate computer-based instruction (CBI) course:
a)      Course 27019 – Ground-deicing/Anti-icing for Airworthiness ASIs (on eLMS).
b)      Course 27020 – Ground-deicing/Anti-icing for Operations ASIs (on eLMS).
2)      Geographic Responsibility. Geographic inspectors should be familiar with the airport deicing/anti-icing plans and the ground-deicing/anti-icing programs and procedures of certificate holders that operate out of airports located in their geographic area. Local surveillance requirements should be coordinated with the certificate-holding district office (CHDO).
3)      Conduct of Inspections. The only time that it may be possible to determine that the operator’s ground-deicing/anti-icing procedures are safe and effective is during actual icing conditions. Therefore, inspection of operator ground-deicing/anti-icing procedures should be conducted during the times that winter operations and certificate holders’ ground-deicing/anti-icing procedures are in effect. Inspector surveillance is a sampling process. It is not intended to observe every deicing operation that occurs during the time that ground-deicing/anti-icing operations are ongoing. Through effective sampling, the CHDO should be able to determine the operator’s ability to comply with the ground-deicing regulations and meet the requirements of their OpSpecs. The required number of ground-deicing surveillance activities necessary to determine a particular operator’s effectiveness may vary from a relatively low percentage to a very high percentage. For certain operators, 100 percent surveillance may be necessary in order to determine the operator’s capability to safely operate during ground-icing conditions.
a)  Inspections can be conducted in conjunction with ramp or en route inspections, or during airport site visits. Each district office should develop and coordinate a ground-deicing/anti-icing surveillance plan as described in Volume 6, Chapter 2, Section 1, of this handbook. This plan should be coordinated with the regional deicing/anti-icing coordinator.
b)  Surveillance of operators’ recurrent ground-deicing/anti-icing testing or training programs should also be conducted.
c)  The POI should coordinate an inspection of the ground-deicing/anti-icing equipment used by the operator, with the geographic units that are responsible for each airport where the equipment is located. In some cases, one operator or contractor may deice more than one air carrier. In this case, it is necessary for the POI to ensure that the operator/contractor doing the deicing has a complete knowledge of the specific operator’s approved ground-deicing/anti-icing program. The POI can conduct this type of surveillance prior to the deicing/anti-icing season and should confirm that the company performing the deicing has knowledge and ability regarding ground-deicing/anti-icing equipment.
4)      Program Tracking and Reporting Subsystem (PTRS). An operations inspector should record surveillance of ground-deicing/anti-icing operations by using PTRS Activity Code 1637 with the word “ICE” in the “National Use” block.

B.     Conclusion of Phase Four. Phase four may be concluded when, in the judgment of the POI and PMI, surveillance of the operator’s program shows that the operator is successfully conducting the program under actual ground-icing conditions. There is no minimum time period for phase four, but the PIs must have an adequate number of surveillance reports to form an educated opinion of the operator’s performance. Normally, operators should be able to progress through phase four in one winter season or less.

C.     Deficiencies. If final approval cannot be granted after an entire winter season due to deficiencies in the operator’s program, the POI and PMI should consider having the operator return to phase two. PIs shall revise the OpSpecs of operators who are returned to phase two.

3-2200      PHASE FIVE-FINAL APPROVAL. When the PIs are satisfied with the operator’s performance, they should inform the operator in writing that the verification process is complete.

RESERVED. Paragraphs 3-2200 through 3-2215.


2/6/08                                                                                                                          8900.1 CHG 0

VOLUME 4       AIRCRAFT EQUIPMENT AND OPERATIONAL AUTHORIZATIONS

chapter 2  ALL‑WEATHER TERMINAL AREA OPERATIONS

Section 4 Approve/Authorize Category I/Category II/Category III Operations for a 14 CFR Part 91/125 Operator

4-246      PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

·        Category (CAT) I Special Authorization: 1404

·        CAT II/III Approval: 1430

·        Copter instrument landing system (ILS) Approaches Below 200 Feet decision height (DH): 1220

4-247      OBJECTIVE. The objective of this task is to determine if an operator of a civil aircraft has developed acceptable procedures to conduct safe instrument approaches to special CAT I and CAT II descent minimums. Successful completion of this task results in acceptance or rejection of the operator’s proposed CAT II procedures manual (if required) and issuance or denial of Federal Aviation Administration (FAA) Form 7711‑1, Certificate of Waiver or Authorization, or operations specifications (OpSpecs) under the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part 125.

4-248      GENERAL.

A.     Definitions.

1)      CAT A Aircraft is a grouping of aircraft based on a speed of 1.3 times the stall speed in the landing configuration at the maximum certificated landing weight, and that speed must be less than 91 knots. The Federal Aviation Administration (FAA) authorizes deviation for an operator of a small CAT A aircraft (less than 12,500 pounds certificated takeoff weight) to use such an aircraft in CAT II operations without meeting the requirements of 14 CFR part 91, §§ 91.189, 91.205(f), and 91.191.
2)      CAT I Operation is an instrument approach procedure which provides for approaches to a DH above touchdown of not less than 200 feet and a visibility of not less than 1/2 mile or a Runway Visual Range (RVR) of not less than 2,400 feet (RVR 1800 with operative touchdown zone (TDZ) and runway centerline (CL) lights). This definition is for CAT I ILS operations only and does not include CAT I operations as defined in Volume 4, Chapter 2.
3)      Special CAT I minimums resulted from an analysis by Flight Standards Service (AFS) which indicates that Automatic Flight Control Guidance Systems (AFCGS) significantly reduce excursions from the ILS on‑course signal when compared to a manually flown approach. By using these systems, operators are able to maintain separation from obstacles that pilots flying manually with reference to raw data are unable to maintain. At selected locations, authorized operators will be allowed to use the special minimum, provided an approved autopilot (AP) with automatic tracking capability (approach coupler), an approved Head‑Up‑Guidance System (HGS), or flight director (FD), approved for CAT I operations, is used on the approach.
4)      Copter ILS approach approval authorization issued after a successful demonstration of this capability provides the holder the authority to descend to a DH of less than 200 feet with less than 1,800 feet visibility, while conducting a Copter ILS approach CAT II ILS procedure. Operations of this type are currently considered only in the case of Copter ILS approaches as described in paragraph 4‑249 below.
5)      CAT II operations are precision approach and landing operations conducted with a DH of less than 200 feet (60 meters) but not less than 100 feet (30 meters) and an RVR of not less than 1,200 feet (350 meters).
6)      CAT III operations are separated into three separate subcategories:
a)      CAT IIIa is a precision approach and landing operation with an RVR of less than 700 feet (200 meters) but not less than 150 feet (50 meters) and a DH of 50 feet (15 meters) or less, or an alert height (AH) of 100 feet (30 meters) or less. Both fail‑passive and fail‑operational airborne equipment can be used in CAT IIIa operations.
b)      CAT IIIb is a precision approach and landing operation with an RVR of not less than 700 feet (200 meters) without a DH, or with an AH of less than 100 feet (30 meters) or less. Fail‑operational airborne equipment must be used for CAT IIIb operations.
c)      CAT IIIc is a precision approach and landing operation without a DH and without RVR limitations (zero‑zero). No CAT IIIc operations are currently authorized.

B.     Applicability. The information detailed in this chapter applies to the operators of all civil aircraft operating under part 91 who do not hold an operating certificate issued under parts 121, 129, or 135. This guidance also applies to operators who hold deviation authority issued under § 125.3 and persons holding a part 125 operating certificate. This chapter addresses concepts and national policy guidance to be used by an aviation safety inspector (ASI) when evaluating, approving, or denying requests for an authorization to conduct CAT II operations.

1)      Presently there is no specific guidance for issuing CAT III authorizations to a part 91 aircraft. There is no guidance in this chapter for CAT III ILS or lower than standard microwave landing system (MLS) operations. Presently the FAA is studying the use of MLS approaches to lower than standard minimums at CAT I runways. Inspectors receiving inquiries for this type of authorization should contact the appropriate regional Flight Standards operations division for guidance and coordination with the Flight Technologies and Procedures Division (AFS-400).
2)      There are three basic types of operators that might apply for CAT II authorization:
a)      Part 91 operators.
b)      Part 125 operators.
c)      Operators of CAT A small aircraft requesting deviation under § 91.193.
3)      For parts 121, 129, and 135, refer to FAA Order 8900.1.

4-249      LOWER THAN STANDARD CAT I MINIMUMS AND COPTER ILS APPROACHES ON 14 CFR PART 97 COPTER ILS AND CAT II ILS PROCEDURES. The DH and RVR for an aircraft on an ILS approach is specified on the part 97 standard instrument approach procedure chart. The DH for a CAT I ILS approach is 200 feet or more above the TDZ and RVR is 1,800 feet or better. The FAA determined that altitude and visibility values could be lowered based upon the demonstrated skill of the flightcrew and the performance of the aircraft and ground based navigation equipment. The FAA has authorized certain operators to use lower than normal CAT I ILS minimums at specified airports after demonstrating the ability to conduct safe instrument approaches.

A.     Copter ILS Approval. Copter ILS approval will permit operators to fly to minimums no lower than 100 feet height above touchdown and/or to visibilities no lower than 1,200 feet RVR on published 14 CFR part 97 Copter ILS and CAT II ILS procedures. For Copter ILS approach authorizations, apply the following to the existing guidance in this chapter for special CAT I approval.

B.     Incorporated. Part 97 and those incorporated by reference FAA Order 8260.3, United States Standard for Terminal Instrument Procedures (TERPS), latest edition, provide the standards for development of Copter ILS approaches to minimums below 200 feet height above touchdown (HAT) and 1800 RVR. In addition, part 97 CAT II ILS approach procedures provide the ground facility, signal in space and air traffic infrastructure required to support Copter ILS operations, and is acceptable for Copter ILS procedures.

1)      The applicant will complete a formal application letter; FAA Form 7711‑2, Application for Certificate of Waiver or Authorization; identifying the aircraft and avionics configuration; and forward to the cognizant Flight Standards District Office (FSDO). The FSDO should review the application package for completeness, verify the aircraft/avionics data, and forward that data to Rotorcraft Standards Staff (ASW‑110)/ Forth Worth Aircraft Evaluation Group (FTW‑AEG) for determination that the aircraft and installed equipment is suitable to support Copter ILS approaches to minimums lower than 200 feet HAT. Figure 4‑8 contains a sample memorandum for this purpose. This determination eliminates the evaluation requirement of paragraph 4‑255B.

Figure 4-8, Sample Memorandum from FSDO to ASW‑110/FTW‑AEG

Subject:    Approval for Copter ILS approaches                                 Date:      

From:                                                                                                Reply to

                                                                                                         Attn. of:

To:           Manager, Rotorcraft Standards Staff (ASW‑110)

The _____________________Flight Standards District Office (FSDO) requests assistance from the Rotorcraft Standards Staff in determining whether the helicopter referenced below should be approved to conduct Copter ILS and CAT II ILS approach procedures to less than 200 feet DH. This office has received a request from a part 91 and/or part 135 operator, (applicant) for Copter ILS approval using the following aircraft/equipment:

Helicopter Model: __________________________________

Serial Number: ____________________________________

Registration Number: _______________________________

IFR Approval Basis: ________________________________ (Supplement or STC number)

Displays: _________________________________________ (EFS 40, EDZ‑756, etc., or mechanical)

Autopilot Model: ___________________________________

Flight Director Model: _______________________________

Radar Altimeter: ____________________________________

Avionics Suite: _____________________________________

                         _____________________________________

                         _____________________________________

Additional information: _________________________ (Single pilot, Dual pilot, etc.)

If you need additional information please contact (name of applicant) at (telephone number) or FAA Aviation Safety Inspector (name) at (telephone number).

cc: Manager, Aircraft Evaluation Group, FTW‑AEG

2)      If necessary, ASW‑110/FTW‑AEG will stipulate operational limitations associated with their determination. Figure 4‑9 contains sample response memorandums from ASW‑110/FTW‑AEG.

Figure 4-9, Sample Response Memorandum from ASW‑110/ASW‑225 to FSDO

Subject:   Approval of Copter ILS Approaches

From:   Manager, Rotorcraft Standards Staff (ASW‑110)

            Manager, FTW Aircraft Evaluation Group (ASW‑225)

To: __________Flight Standards District Office (FSDO)

This letter is in response to your request for assistance in determining whether the helicopter referenced in your Memorandum should be approved to conduct Copter ILS and CAT II ILS approach procedures to less than 200 feet DH. The Rotorcraft Standards Staff (ASW‑110) and FTW Aircraft Evaluation Group (ASW‑225) have reviewed the helicopter and equipment stated in the request from a part 91 and/or part 135 operator, [applicant] for Copter ILS approval and provides the following recommendation:

The Rotorcraft Standards Staff and FTW‑AEG recommends approval (or disapproval) of the request from [applicant] for Copter ILS approach, using helicopter Model _______, Serial Number ______, with the following limitations:

(Example of limitations)

1. Decision Height (DH) limited to (between 100 to 200) feet, if appropriate to account for altitude loss following AFCS failures.

2. Some items for which relief is normally allowed under the MEL may be required for Copter ILS operations.

3. Other limitations appropriate for a specific model.

If additional information is necessary to clarify the approval (or disapproval) and the specific limitations provided, please contact _____________