10/1/10                           FY11 FIRST quarter Editorial updates           8900.1 CHG 103

Volume 1 GENERAL INSPECTOR GUIDANCE AND INFORMATION

chapter 1  HANDBOOK ORGANIZATION, USE, AND REVISION

Section 1  General Handbook Information

1-1                   PURPOSE. This order directs the activities of aviation safety inspectors (ASI) responsible for the certification, technical administration, and surveillance of air carriers, certain other air operators conducting operations in accordance with the appropriate part of Title 14 of the Code of Federal Regulations (14 CFR), certificated airmen, and other aviation activities. This order also provides direction for tasks related to aircraft accidents and incidents, investigations and compliance, the aviation safety program, administrative areas, and miscellaneous tasks not related to a specific regulation. In addition, it contains regional and district office requirements for the support of ASIs responsible for those activities.

1-2              CANCELLATION. Federal Aviation Administration (FAA) Order 8900.1, Flight Standards Information Management System, cancels FAA Orders 8300.10, Airworthiness Inspector’s Handbook, 8400.10, Air Transportation Operations Inspector’s Handbook, and 8700.1, General Aviation Operations Inspector’s Handbook.

1-3              STANDARDIZATION AND COORDINATION. A major objective of Flight Standards Service (AFS) is to standardize the functions of the ASI position. For this reason, any change to this order must be in accordance with the approved Aviation Safety (AVS) Quality Management System (QMS) process.

A.     Deviations From This Order. Inspectors, supervisors, and managers who find that specific requirements in this order do not apply to a specific case, should forward a request for permission to deviate from the requirements through the applicable regional Flight Standards division (RFSD) to the appropriate AFS headquarters (HQ) division. The field office should specify in its request the alternate means it will use to meet the intent of the policy from which it wishes to deviate.

1)      The RFSD will assess the deviation request and either accept or deny the request. If the RFSD denies the request, it will notify the field office via a signed memo. If the RFSD accepts the request, it will forward the request to the appropriate HQ policy division.
2)      The HQ policy division will assess the deviation request and notify the field office if the request is granted or denied through a signed memorandum to the field office, with a copy to the RFSD. Field offices and HQ policy divisions will retain any policy deviation memorandums until the applicable 8900.1 policy has been cancelled or they no longer need the memorandums for reference.

B.     Authority to Change This Document. The Director of Flight Standards Service, AFS‑1, must approve all changes to this order.

C.     Conflicts with Other FAA Orders. The guidance in this order may conflict with that in other FAA orders and directives. This situation may arise inadvertently or because it is impractical to revise all orders simultaneously. In such a case, use the order with the most recent date. If the guidance in this order conflicts with 14 CFR, 14 CFR takes precedence. Inspectors should refer questions about such conflicts to their immediate supervisors. Supervisors and managers may contact the respective AFS Division through the Regional Office (RO) to resolve such questions.

D.    Availability of This Order. This order is available to both FAA personnel and to individuals outside the FAA. Flight Standards inspectors should advise operators of the availability of this order.

1-4              HANDBOOK REVISIONS. Individuals at all levels of the FAA and individuals in the aviation industry are encouraged to make suggestions for revisions to the order.

A.     Policy Questions or Concerns. Any questions or concerns regarding policy must be coordinated with field office management. If the issue cannot be resolved at the field office level, the office management may email the Flight Standard Information Management System (FSIMS) Librarian, with a copy to the field office’s region.

B.     Handbook Revision Process. AFS QMS AFS–100–001, Directives and Advisory Circular Production, is the process for revising this order. The need for a revision may become evident when a change occurs in the aviation industry, national and international regulatory bodies, in 14 CFR, or FAA policies.

C.     Review and Notification. The appropriate policy division will review and consider all questions, concerns, or suggestions submitted. The FSIMS Librarian will acknowledge receipt of each suggestion.

1-5              DIRECTIVE AND GUIDANCE INFORMATION.

A.     Directive Information. Directive information is information considered directive in nature, contains terms such as “shall,” “will,” or “must,” and means the actions are mandatory. “Shall not” prohibits the action. The use of these terms will leave no flexibility, and inspectors must follow their direction unless otherwise authorized by HQ.

B.     Guidance Information. Guidance information is information considered guiding in nature and will contain terms such as “should” or “may.” These terms indicate actions that are desirable, permissive, or not mandatory, and allow flexibility.

Reserved. Paragraphs 1‑6 through 1‑25.


10/12/10                                                                                                                     8900.1 CHG 49

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.     Title 14 of the Code of Federal Regulations (14 CFR) Parts 119 and 125. Granting a Letter of Deviation Authority (LODA) authorizing deviation from 14 CFR part 119, § 119.23 and part 125, § 125.5, the requirement 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: 3319.

·        Avionics: 5319.

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

·        Operations: 1328.

·        Maintenance: 3319.

·        Avionics: 5319.

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

·        Operations: 1260.

·        Maintenance: 3319.

·        Avionics: 5319.

D.    Parachute, Museum, and Aircraft Leasing/Manufacturer Operations. Granting LODAs authorizing parachute, museum, and aircraft leasing/manufacturer operations.

·        Operations: 1328.

·        Maintenance: 3319.

·        Avionics: 5319.

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

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

B.     Part 125. A LODA to deviate from specified sections of part 125,

C.     SFA. A LODA authorizing an SFA, and

D.    Parachute, Museum, and Aircraft Leasing/Manufacturer Operations. A LODA authorizing parachute, museum, and aircraft leasing/manufacturer operations.

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.     Letter of Deviation Authority (LODA). LODA is a formal authorization issued by the Federal Aviation Administration (FAA) certificate‑holding district office (CHDO), authorizing a deviation from specified section/sections of part 125. The LODA is permitted by § 125.3. LODAs are issued to certificate holders and A125 LODA holders. LODAs to all of part 125 are issued for operational uniqueness such as SFAs, intentional parachute operations, airplane museum operations, airplane leasing/ manufacturer operations and other individualized authorizations approved by AFS‑800.

D.    Special Flight Authorization (SFA). SFA is a LODA authorizing an operator to accomplish the following short-term operations (normally a maximum of 30 days) in accordance with 14 CFR 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 14 CFR parts 61 and 63, associated with certification under part 119, or an applicant for an A125 LODA.
4)      SFAs (§ 91.715) are also issued to allow a foreign civil aircraft to be operated without a U.S. airworthiness certificate.

E.     Standard Intentional Parachute Operations, Airplane Museum Operation, and Airplane Leasing/Manufacturer Operations Standard LODA. AFS‑800 has considered the operational uniqueness of these operations and has determined that such operations, conducted by airplanes with a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, should be authorized a deviation from § 125.1 applicability, and allowed to conduct all operations in accordance with part 91. AFS-800 has developed Standard Parachute, Museum, and Airplane Leasing/Manufacturer LODAs. See Figures 2‑33 through 2‑35, Sample of the Standard Parachute, Museum, Airplane Leasing/Manufacturer Operation LODAs.

F.      Special Flight Permits (SFP). SFPs are issued to the 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.     A125 LODA. A request for LODA, A125 LODA (paragraph 2‑715).

B.     Part 125. A request for deviation from specified sections of part 125 (paragraph 2‑716).

C.     SFA. A request for an SFA (paragraph 2‑717).

D.    Standard Parachute, Museum, Airplane Leasing/Manufacturer Operations LODA. A request for the standard parachute, museum, airplane leasing/manufacturer operations LODA (paragraph 2‑718).

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 Figure 2‑31, Sample Template LODA A125) 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 the certificate holder (except for § 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 § 125.5), for the purpose of this A125 LODA, should be interpreted to mean letters of authorization (LOA).
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. Applying for the A125 LODA.

1)      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 (§ 125.3(c)).
2)      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 OpSpecs.
3)      The POI must ensure the eligibility of the applicant in accordance with paragraph 2‑715B, Eligibility.
4)      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.
5)      If the applicant is eligible for the A125 LODA, they should present a written plan (see Figure 2‑32, Sample Letter of Compliance) 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 (Figure 2‑31, 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.
6)      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 OpSpecs, 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 paragraph 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/Aircraft Authorization,

·        A004, Summary of Special Authorizations and Limitations,

·        A005, Exemptions and Deviations,

·        A006, Management Personnel,

·        A007, Other Designated Persons,

·        A008, Operational Control,

·        A009, Airport Aeronautical Data,

·        A010, Aeronautical Weather Data,

·        A031, Arrangements with Training Center(s) or Other Organization(s) for Certificate Holder Training,

·        A125, Letter of Deviation Authority (LODA),

·        A447, Emergency Airworthiness Directives (AD) Notification Information,

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

·        D073, Approved Airplane Inspection Program (AAIP),

·        D085, Aircraft Listing,

·        D088, Maintenance Time Limitations Authorization,

·        D095, Minimum Equipment List (MEL) Authorization, 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 Category (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)      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 A125 LODA CHDO.

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 AFS‑820 with a courtesy copy to the regional Flight Standards division (RFSD).
7)      The POI’s request for the deviation that is not in 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 may enter it into the OPSS deviation database so it is available for authorizing in LOA template A005. Some deviation approvals may remain with AFS‑800 to be addressed in coordination with the jurisdictional FSDO in certain unique cases.

2-717      REQUEST FOR AN SFA.

A.     Sections 119.1(e) and 125.1(b)(3) and (4). 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 does not allow for operations such as sales demonstrations flights, ferry flights, 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.     Written Request. 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, and
4)      The airplane make/model and registration/serial number.

C.     SFA LODA. 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; and
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 14 CFR 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 (three 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 toolbar. Next, select the deviation button to acquire the selectable deviations.
b)      Each SFA will have an associated LODA shown as a 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 Table 2‑9).

Table 2-9,  A005 Template

Deviation Authority

Deviation From

Description

Conditions and Limitations

§ 125.3

Part 125

Sales Demonstration

Sales demonstration flights when the operator is not certificated under part 119 (see Figure 2‑30, subparagraph B).

§ 125.3

Part 125

Ferry Flights

Ferry flights when the operator is not certificated under part 119 (see Figure 2-30, subparagraph A).

§ 125.3

Part 125

Training Flights

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

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 given to the operator to satisfy the requirements of § 125.7.

2-718           PROCEDURES FOR PROCESSING THE STANDARD PARACHUTE, MUSEUM, AND AIRPLANE LEASING/MANUFACTURER OPERATIONS LODA.

A.     Application. The operator must apply in writing to the local FSDO or CHDO (in accordance with § 125.3) stating that they are engaged in, or planning to engage in, one of the three operations above and are requesting authorization for a LODA . To qualify for a museum LODA, the museum must be established for the purpose of exhibiting and operating historic aircraft and hold a determination from the U.S. Internal Revenue Service (IRS) that it is a 501(c)(3) nonprofit, tax-exempt, charitable organization or be approved by AFS‑800.

B.     Operation Verification. The POI/FSDO must verify that the operator is engaged in or is planning to engage in the operation from which they are seeking LODA relief.

C.     Compliance Verification. The POI/FSDO must verify that the operator can comply and is willing to comply with the conditions and limitations listed in the LODA.

D.    Written Request. After verification of subparagraph 2‑718B and C, the FSDO should submit a written request to AFS‑800 for authorization to issue the LODA sought.

E.     Complete Memorandum. Upon receipt of the FSDO’s request, AFS‑800 will complete the standard LODA memorandum and issue it to the FSDO.

F.      Issuance. Upon receipt of the memorandum the FSDO will comply with the instructions of the standard memorandum and issue the standard LODA to the operator.

Figure 2-31, Sample Template LODA A125

14 CFR Part 125M Operations

U.S. Department

of Transportation

Federal Aviation

Administration

 

Letter of Deviation Authority (LODA)

1.     The operator/company listed at the bottom of this document is hereby issued a Letter of Deviation Authority (LODA) from the requirements of Title 14 of the Code of Federal Regulations (14 CFR) part 125, § 125.5 to hold a part 125 operating certificate and operations specifications (OpSpecs), as provided by 14 CFR part 119, § 119.23(a), § 125.3(a), and as authorized in A005, Letter of Authorization, Exemptions and Deviations.

2.     The 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.

3.     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/company conducts compensation operations not involving common carriage as long as such compensation operations are only in accordance with the following:

a.     Kinds of Operations.

(1)   Ferry or training flights;

(2)   Aerial work operations such as aerial photography or survey, or pipeline patrol, but not including fire fighting operations;

(3)   Flights for the demonstration of an airplane to prospective customers when no charge is made except for those specified in subparagraph 3c below;

(4)   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;

(5)   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, 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;

(6)   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 3c below;

(7)   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 3c below;

(8)   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; and

(9)   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.

b.     Definitions.

(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 subparagraph 3c 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.

c.     Expenses That May be Charged. 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 subparagraph 3c(1).

4.     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.

5.     This LODA is issued with the understanding that the company/operator shall:

a.     Operate its airplane (make/model and registration number) authorized in A003, Airplane/Aircraft Authorization, in compliance with §§ 125.91 and 125.93 notwithstanding specific deviations as authorized in A005, Letter of Authorization, Exemptions and Deviations.

b.     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.

c.     Comply with the Manual Requirements of part 125 subpart C, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

d.     Comply with the Airplane Requirements of part 125 subpart D, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

e.     Comply with the Special Airworthiness Requirements of part 125 subpart E, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

f.      Comply with the Instrument and Equipment Requirements of part 125 subpart F, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

g.     Comply with the Maintenance Requirements of part 125 subpart G, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

h.     Comply with the airmen and flight crewmember requirements of part 125 subparts H and I, and provide initial and/or recurrent training for flightcrew and flight attendant emergency training as authorized in A031, Letter of Authorization, Arrangements with Training Center(s) or Other Organization(s) for Certificate Holder Training, notwithstanding specific deviations authorized in A005, Letter of Authorization, Exemptions and Deviations.

i.      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 shall be described in A008, Letter of Authorization, Operational Control.

j.      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.

k.     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.

l.      Comply with the requirements of § 125.201 by the issuance of a letter of authorization for an MEL (LOA D095).

m.    Notify the manager of the Flight Standard District Office 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.

6.             This LODA will remain in effect until superseded, withdrawn, or rescinded.

 

TEXT99

 

 

HQ Control:             12/21/06

HQ Revision:           010

This Authorization is Issued by the Federal Aviation Administration and approved by direction of the Administrator.

 

 

 

Date Approval is effective:

Amendment Number:

 

 

I hereby accept and receive this Authorization.

 

 

 

 

Date:

 

Figure 2-32, Sample Letter of Compliance

This attachment to the formal application letter should address each section of Title 14 of the Code of Federal Regulations (14 CFR) 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.

1.     Subpart A, General.

a.        Section 125.1, Applicability. AnyAir Aviation intends to conduct operations which meet the applicability of this section.
b.       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).
c.        Section 125.5, Operating Certificate and Operation Specifications Required. AnyAir Aviation understands it may not operate under the requirements and privileges of part 125 until receiving a part 125 LODA.

2.     Subpart B, Certification Rules and Miscellaneous Requirements.

a.        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].
b.       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 14 CFR parts 61, 91, or 125, whichever is more restrictive.
c.        Section 125.25, Management Personnel Required. AnyAir Aviation has included this information in the manual (Chapter 1).
d.       Section 125.27, Issue of Certificate. AnyAir Aviation meets all the requirements of this section and should be issued an LODA under part 125.
e.        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.
f.         Sections 125.31 through 125.35, Not Applicable.
g.       Section 125.41, Availability of Certificate and Operation Specifications. 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.

h.       Section 125.43, Use of Operation Specifications. Not Applicable.
i.         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.
j.         Section 125.53, Flight Locating Requirements. The pilot in command (PIC) assigned to an AnyAir Aviation flight will be responsible for operational control of each flight. The PIC 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.

3.     Subpart C, Manual Requirements.

a.        Section 125.71, Preparation.
(1)     AnyAir Aviation has prepared or acquired the manuals required to conduct operations.
(2)     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 Aircraft Flight Manual (AFM).

4.     Subpart D, Airplane Requirements.

a.        Section 125.91, Airplane Requirements: General.
1.        AnyAir Aviation airplanes will, at all times, carry an appropriate and current airworthiness certificate.
2.        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 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.

5.     Subpart E, Special Airworthiness Requirements.

a.        Section 125.189, Demonstration of Emergency Evacuation Procedures.
1.        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].
2.        Evacuation demonstration from the Douglas DC‑9 will be accomplished as required by this section and has been scheduled with the FSDO on [date].

6.     Subpart F, Instrument and Equipment Requirements.

a.        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).
b.       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.
c.        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).

7.     Subpart G, Maintenance.

a.        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

8.     Subpart H, Airmen and Crewmember Requirements.

a.        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.
b.       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 PIC is designated on the flight release. Qualified captains will be designated only by the Director of Flight Operations.
c.        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.)
d.       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.

9.     Subpart I, Flight Crewmember Requirements.

a.        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.
b.       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.

10.   Subpart J, Flight Operations.

a.        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.
b.       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.

11.   Subpart K, Flight Release Rules.

a.        Section 125.359, Flight Release Under VFR. AnyAir Aviation will comply with the requirements of this section. Our procedures in chapter 5 of the manual cover this item.
b.       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 operation specifications.

12.   Subpart L, Records and Reports.

a.        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).

13.   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.

14.   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.

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

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

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

Figure 2-27, Sample of a 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 on [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 Flight Standards District Office (FSDO)].

Sincerely,

District Office Manager

Figure 2-28, Sample of a 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, Sample of a 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 Letter of Deviation Authority (LODA), SFA, Template A510.

LODA

SFA for Ferry Flights

1)      This LODA constitutes an SFA, issued to the operator listed below, for the purpose of ferrying an airplane under 14 CFR 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 2‑17 in accordance with part 91.
3)      The operator and responsible party listed 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)      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 2‑17 (14 CFR part 125, § 125.7).
8)      Only the authorized airplane(s) listed in Table 2‑17 are authorized for ferry flights under this LODA:

Table 2-17,  Airplanes Authorized for Ferry Flights

Registration No.

Serial No.

Aircraft M/M/S

 

 

 

 

 

 

9)      Only the ferry flightcrew members listed in Table 2‑18 are authorized under this LODA:

Table 2-18,  Authorized Crewmembers

Crewmember Name

 

10)  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.

LODA

SFA for

Sales Demonstration Flights

1)      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 2‑10 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)      This LODA is not transferable.
5)      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)      Only the airplane(s) listed 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)  Only the pilots listed in Table 2‑15 are authorized for use under this LODA:

Table 2-15,  Authorized Pilots

Pilot Name(s)

 

11)  Any changes, additions, or renewals to this LODA require submission of the request to the issuing FSDO.

C.     Training Flights LODA, SFA, Template A512.

Letter of Deviation Authority

Special Flight Authorization (SFA) for Training Flights

1)      This LODA constitutes an SFA, issued to the operator listed below, to conduct training flights under part 91 for the purpose of flight crewmember certification under 14 CFR parts 61 and 63, when associated with the certification process under 14 CFR 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 in Table 2‑10 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)      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 an 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 (§ 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)  Only the flightcrew crewmembers in training listed in Table 2‑18 below are authorized under this LODA:

Table 2-18,  Authorized Crewmembers

Crewmember Name

 

11)  Any changes, additions, or renewals to this LODA require submission of the request to the issuing FSDO.

Figure 2-33, Sample of a Standard Parachute Operations LODA

Federal Aviation

Administration

Memorandum

Date:

[Date]

To:

[Type to whom here]

From:

[Type from whom here]

Prepared by:

[Type who prepared memo here]

Subject:

standard parachute operation part 125 letter of deviation authority

 

Headquarters Flight Standards Service General Aviation & Commercial Division, AFS‑800, authorizes the (name of FSDO) Flight Standards District Office (FSDO) to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Federal Code of Regulations (14 CFR) part 125, § 125.3.

The Standard Part 125 Parachute Operations LODA is to be issued to (name of parachute operator) in letter form, signed by the FSDO Office Manager, individually issued to each aircraft, and is to read as follows:

(Name of parachute operator), hereafter referred to as the operator, is granted a deviation from § 125.1, part 125 applicability, and is authorized to conduct operations in accordance with 14 CFR part 91.

The following conditions and limitations apply:

1. (Make/model/serial number) must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects a maintenance inspection program, that program must be approved by the Administrator. The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

2. The aircraft must be U.S.‑registered.

3. The aircraft must have a standard category U.S. airworthiness certificate.

4. Unless engaged in intentional parachute operations as defined in 14 CFR part 119, § 119.1(e)(6), operations with passengers or cargo are prohibited.

5. Unless engaged in intentional parachute operations as defined in § 119.1(e)(6), operations for compensation or hire are prohibited.

6. Operations will be conducted within U.S. airspace.

Any operation, other than that specified within and authorized by this letter, may 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 as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

Figure 2-34, Sample of a Standard Airplane Museum Operations LODA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Federal Aviation

Administration

Memorandum

Date:

[Date]

To:

[Type to whom here]

From:

[Type from whom here]

Prepared by:

[Type who prepared memo here]

Subject:

Airplane Museum Part 125 Letter of Deviation Authority (LODA)

 

Headquarters Flight Standards Service General Aviation & Commercial Division, AFS-800, authorizes the (name of FSDO) Flight Standards District Office (FSDO) to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Federal Code of Regulations (14 CFR) part 125, § 125.3.

The Standard Part 125 Airplane Museum LODA is to be issued to (name of the airplane museum operator) in letter form, signed by the FSDO Office Manager, individually issued to each aircraft, and is to read as follows:

(Name of the airplane museum operator), hereafter referred to as the operator, is granted a deviation from § 125.1, part 125 applicability, and is authorized to conduct operations in accordance with 14 CFR part 91.

The following conditions and limitations apply:

1. (Make/model/serial number) must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects a maintenance inspection program, that program must be approved by the Administrator. The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

2. The aircraft must be U.S.‑registered.

3. The aircraft must have a standard category U.S. airworthiness certificate.

4. Operations carrying passengers or property for compensation or hire are prohibited.

5. Operations will be conducted within U.S. airspace.

Any operation, other than that specified within and authorized by this letter, may 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 as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

 

Figure 2-34A, Sample of a Standard Airplane Leasing/Manufacturer LODA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Federal Aviation

Administration

Memorandum

Date:

[Date]

To:

[Type to whom here]

From:

[Type from whom here]

Prepared by:

[Type who prepared memo here]

Subject:

Aircraft Manufacturer or Leasing Company Letter of Deviation Authority

 

Headquarters Flight Standards Service General Aviation & Commercial Division, AFS‑800, authorizes the (name of FSDO) Flight Standards District Office (FSDO) to issue a Letter of Deviation Authority (LODA) in accordance with Title 14 of the Federal Code of Regulations (14 CFR) part 125, § 125.3.

The LODA is to be issued to (name of airplane manufacturer or leasing company) in letter form, signed by the FSDO office manager, and is to read as follows:

(Name of company), hereafter referred to as the operator, is granted a deviation from § 125.1, part 125 applicability, and is authorized to conduct operations in accordance with 14 CFR part 91 to allow movement of aircraft to a manufacturer or leasing company facility.

The following conditions and limitations apply:

1. (Make/model/serial number) must be maintained in accordance with the applicable provisions of 14 CFR parts 21, 43, and 91; and must be operated in compliance with the maintenance requirements of § 91.409(e) and (f). Once the operator selects a maintenance inspection program, that program must be approved by the Administrator. The operator must include in the selected inspection program the name and address of the person responsible for scheduling the required inspections. The operator will make a copy of that program available to the persons performing the inspections and to the Administrator upon request.

2. The aircraft must be U.S.‑registered.

3. The aircraft must have a standard category U.S. airworthiness certificate.

4. Operations with passengers or cargo are prohibited.

5. Operations for compensation or hire are prohibited.

6. Operations will be conducted within U.S. airspace.

7. Persons on board the aircraft are restricted to crewmembers and other persons who are essential to the operation and are specifically authorized by both the operator and the FAA.

Any operation, other than that specified within and authorized by this letter, may 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 as required by § 125.7 and presented for inspection upon the request of the Administrator or an authorized representative.

RESERVED. Paragraphs 2‑719 through 2‑765.

 


11/30/10                                                                                                                       8900.1 CHG 0

Volume 3 GENERAL TECHNICAL ADMINISTRATION

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

Section 1  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 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 (current edition). 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 simple 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 have 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. Title 14 CFR part 21, § 21.25 defines special purpose operations as:

·        Agricultural (spraying, dusting, 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 (TC’d) 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 (AIR).

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 in accordance with 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), rotorcraft, 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.

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; and/or

·        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 24 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 operator 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 operator 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 (RO). Until further notice, questions concerning enforcement and legal interpretations will be forwarded to the Washington headquarters (HQ). 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 (ASP) with the petition for exemption. Agencies are required to show that they have an acceptable ASP 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:       The Independent Safety Board Act Amendments of 1994 authorize exemptions from the United States Code (U.S.C.); specifically, the Federal Aviation Act of 1958 (FAA Act), 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 in accordance with 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 simple 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 the current edition of FAA Order 2150.3, FAA 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 specification (OpSpec) 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:       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 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 AIR, appropriate Air Traffic Facilities, and the RO.

3-95          REFERENCES, FORMS, AND JOB AIDS.

A.     References:

·        PTRS Procedures Manual (PPM).

·        Appropriate chapters of 8900.1.

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 3-15).
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.    VIS. 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/or

·        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.

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

FAA Form 7711-2, Application for Certificate of Waiver or Authorization

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

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 7711‑2 are discussed below for purposes of clarity and uniformity of its use. Items 9 through 14 apply to air show 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 Disapproval

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 (POI) signature]

RESERVED. Paragraphs 3-99 through 3-115.

 


10/12/10                                                                                                                       8900.1 CHG 0

Volume 6 surveillance

chapter 9  part 145 inspections

Section 6  Inspect a Part 145 Repair Station’s Tools and Equipment

6-1751       PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Maintenance: 3658.

B.     Avionics: 5658.

6-1752        OBJECTIVE. This section provides guidance for inspecting a repair stations tools and equipment and system procedures to ensure compliance with the Repair Station Manual (RSM) and Quality Control Manual (QCM) and Title 14 of the Code of Federal Regulations (14 CFR) part 145, § 145.109.

6-1753        GENERAL. The repair station is required to provide, control, and maintain the tools and equipment necessary to perform the maintenance, preventive maintenance, or alteration under its certificate and operations specifications (OpSpecs).

Note:        Precision tools and test equipment used to make airworthiness determinations are herein referred to as measuring tools and equipment (MTE).

6-1754        COORDINATION REQUIREMENTS. If the repair station has an assigned principal maintenance inspector (PMI) and a principal avionics inspector (PAI), this inspection should be coordinated between both inspectors.

6-1755        REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions).

·        Title 14 CFR parts 43 and 145;

·        Volume 2, Chapter 11, Section 1, Introduction to Part 145 Repair Stations;

·        Volume 2, Chapter 11, Section 2, Procedures for Certificating Part 145 Repair Stations/Satellites Located within the United States and its Territories;

·        Volume 2, Chapter 11, Section 4, Evaluate a Part 145 Repair Station and Quality Control Manual or Revision;

·        Volume 2, Chapter 11, Section 5, Evaluate Part 145 Repair Station Facilities and Equipment;

·        Volume 3, Chapter 15, Evaluate Avionics Test Equipment;

·        Volume 6, Chapter 11, Section 17, Inspect Avionics Test Equipment;

·        Advisory Circular (AC) 43‑15, Recommended Guidelines for Instrument Shops;

·        AC 145‑9, Guide for Developing and Evaluating Repair Station and Quality Control Manuals; and

·        AC 43‑207, Correlation, Operation, Design and Modification of Turbofan/Jet Engine Test Cells.

B.     Forms. None.

C.     Job Aids. None.

6-1756        PROCEDURES.

A.     Review Applicable Information. Prior to inspecting, the principal inspector (PI) should carefully review:

1)      Parts 43 and 145;
2)      RSM/QCM;
3)      Applicable OpSpecs; and
4)      The Safety Performance Analysis System (SPAS).
a)      The SPAS is the organization’s primary source of comprehensive, integrated safety information that is used by inspectors, analysts, and managers in developing and adjusting field surveillance, investigation, and other oversight programs.
b)      The SPAS interfaces with key fielded oversight programs (such as Air Transportation Oversight System (ATOS), Surveillance and Evaluation Program (SEP), and the National Program Guidelines (NPG)), as well as other government and industry sources, collecting raw performance and operational data, analyzing and summarizing the data, and providing critical information in the form of graphs, tables, and reports. These SPAS outputs are then used to:

·        Identify safety hazard and risk areas;

·        Target inspection efforts for repair stations and to areas of greatest risk; and

·        Monitor the effectiveness of targeted oversight actions.

c)      The SPAS repair station profile and repair station analytical model (RSAM) are available for use. This data provides additional information on performance and risk associated with individual repair station facilities.
5)      Certificate‑holding district office (CHDO) file.

B.     Review Calibration/Record. Review the part of the RSM/QCM describing the system and the procedures used for calibrating MTE.

1)      The PI will verify:
a)      The repair station is calibrating MTE, in accordance with the intervals, the system, and procedures described in the RSM/QCM.
b)      All MTE are calibrated and traceable to a standard acceptable to the Federal Aviation Administration (FAA), to include those recommended by the manufacturer and the National Institute of Standards and Technology (NIST) or other national authority.

Note:        The part 145 rule states that tools are calibrated to a standard acceptable to the Administrator. Those standards may be derived from NIST or be provided by the equipment manufacturer. International agreements may also be accepted as a means of compliance. A list of international agreements referred to as Memorandum of Understanding (MOU) or Mutual Recognition Agreement (MRA) may be accessed from the NIST Web site (http://www.nist.gov/). Also, the National Voluntary Laboratory Accreditation Program (NVLAP) provides third‑party accreditation to testing and calibration laboratories. NVLAP accreditation programs are established in response to Congressional mandates, administrative actions by the Federal Government, or from requests by private‑sector organizations. NVLAP is in full conformance with the standards of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), including ISO/IEC 17025 and Guide 58. NVLAP identifies its accredited laboratories in a published directory, NIST Special Publication 810, which is published on the NIST Web site. Additionally, for foreign equipment, the standard of the country of manufacture may be used if approved by the Administrator. An exemption authorization is required if a repair station uses equipment of a foreign manufacturer and the method of calibration it will use is not addressed through a MOU or MRA, or the FAA inspector cannot obtain the validity of the calibration laboratory. Exemption authorizations are granted through the issuance of an exemption in accordance with the guidance in 14 CFR part 11. Currently, exemptions of this type are issued for a 2‑year period and can be renewed if requested by the repair station.

2)      The PI should consider the following:
a)      Whether the repair station determines calibration status of new MTE before they are put into service;
b)      How and when MTE are recalled for calibration;
c)      Does the calibration and tracking system include employee‑owned MTE;
d)      How the repair station establishes calibration intervals;
e)      Whether the repair station maintains a list of all calibrated equipment by name, model or part number, serial number, date of calibration, and next calibration due date;
f)        If calibration records are maintained for at least 2 years;
g)      If MTE are identified to prevent the inadvertent use of noncalibrated equipment in the maintenance process. The identification usually includes the serial number or other identification, date of last calibration, date calibration is due, and the name or initials of the person who performed the calibration;
h)      Whether MTE that are not used to make airworthiness determinations are identified; and
i)        How the repair station performs in‑house calibration of the repair station’s MTE.

Note:        The tool or test equipment used as a standard for performing calibrations cannot be used to perform maintenance after it is calibrated and before being used as an in‑house calibration standard.

C.     change barVerify Use of Manufacture’s Requirements and Equivalency. Review the part of the RSM/QCM describing the system and procedures used for ensuring the equipment and tools used to maintain articles are those recommended by the article’s manufacturer or an equivalent acceptable to the FAA.

1)      change barVerify that the repair station is using the system and procedures in the RSM/QCM for ensuring the equipment and tools used to maintain articles are those recommended by the article’s manufacturer or an equivalent acceptable to the FAA.

Note:        change barThe basis of equivalency is the requirement that the article meet the manufacturer’s standards and specifications in all respects regarding tolerances, repeatability, and accuracy.

Note:        This section is not intended to discuss industry standard tools and equipment (wrenches, sockets, etc.) that are manufactured to a recognized industry standard.

Note:        Designated Engineering Representatives (DER) may not approve or determine equivalency of tooling and test equipment. Neither the FAA nor a DER may approve equipment and/or test apparatus. The FAA and DERs may only make an acceptance of functional equivalency for special equipment or test apparatus. It is important to emphasize that the burden of demonstrating equivalency is borne by the repair station—not the FAA.

2)      If the repair station manufacture’s test and measuring equipment to be used as an equivalent piece of equipment for one recommended by an article’s manufacturer, verify that it meets the calibration standards recommended by the manufacturer of the article being measured or tested. This type of calibration would be expected to be traceable to a standard acceptable to the FAA.

D.    Inspect Control, Maintenance, and Storage. Review the parts of the RSM/QCM describing the system and procedures for the control, maintenance, use, and storage of the MTE used to maintain articles.

1)      Verify whether the:

·        Repair station is following its system and procedures in the RSM/QCM for the control, maintenance, use, and storage of the MTE used to maintain articles;

·        Repair station has the MTE necessary to perform the maintenance, preventive maintenance, or alterations under its repair station certificate; and

·        MTE are located on the premises and under the repair station’s control when the work is being done.

2)      Also consider any of the following:

·        Whether the repair station has the maintenance and service manuals for all MTE used to perform the maintenance, preventive maintenance, or alterations under its repair station certificate; and

·        Whether the repair station fulfills the MTE manufacturer’s requirements for control, maintenance, use, and storage.

3)      If the repair station does not own the equipment and/or it is not kept at the facility, determine the following:

·        How the equipment is obtained (lease, rental, etc.);

·        How the repair station ensures the equipment is on the premises and under the repair station’s control at the time the work is being performed; and

·        How the repair station ensures that the department responsible for calibrating leased MTE is identified.

E.     Inspect Test Cells. Review the RSM/QCM section describing the system(s) and procedure(s) necessary for correlation, operation, design, and modification of test cells. Verify that:

1)      The repair station is following the systems and procedures in the RSM/QCM for the control, maintenance, use, and storage of the MTE used to maintain articles.
2)      The test cell conforms to the description in the RSM/QCM, to include:

·        An accurate description of the system(s) and procedure(s) to ensure test cell correlation, operation, design, and modification; and

·        A description of the system(s) design, operation, configuration, and construction of test cell and test hardware for operation and performance.

3)      The correlated test cell provides a means of ensuring that article(s) meet minimum test requirements.
4)      The test cell instrumentation is calibrated to a standard acceptable to the FAA.
5)      When repairs or structural modifications that significantly effect performance have been made to an existing test cell, that test cell correlation or recorrelation is accomplished.

F.      Analyze Findings. Upon completion of the inspection, record all deficiencies and determine the appropriate corrective action(s).

G.    Conduct Debriefing. Brief the certificate holder on the inspection results. Discuss any deficiencies and possible corrective actions.

6-1757        TASK OUTCOMES.

A.     Complete the PTRS Record.

1)      Section IV of the PTRS Record. Enter an “E” in the Primary Area block. List all deficiencies, findings, and irregularities noted during the inspection, using the appropriate keywords that are allowed in the drop‑down menu of the Keyword block. For each keyword used, write a brief description of the concern in the Comment block.
2)      PTRS Activity Code 3658/5658 (Overall Subsystem Evaluation). In Section I, the Assessment block, select the appropriate word picture number 1–10 in the drop‑down menu that best describes the condition of the repair station for the completed inspection.

B.     Complete the Task. Completion of this task will result in one of the following:

·        Sending a letter to the operator documenting all deficiencies and initiating an Enforcement Investigation Report (EIR), if necessary; or

·        A satisfactory inspection with no deficiencies.

C.     Document the Task. File all supporting paperwork in the certificate holder’s office file. Update the Vital Information Subsystem (VIS) as required.

6-1758        FUTURE ACTIVITIES. Schedule and conduct followup inspections as applicable.

RESERVED. Paragraphs 6‑1759 through 6‑1775.